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



i 



ACTS 



RESOLVES 



PASSED BY THK 



€tMu\ Offlttrt of JUassathttsctts, 



IN THK TEAR 

1901, 

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. 

1901. 



A CONSTITUTION 



FORM OF GOVERNMENT 



Commonlocaltb of Stussacbusetts. 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body go^«''°«»«"t- 
politic, to protect it, and to furnish the individuals who 
compose it ^vith 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 lx)dy politic is formed b}^ a voluntary association Body pontic, 
of individuals : it is a social compact, by which the whole it^^at'ul?^'*' 
people covenants with each citizen, and each citizen ^vith 
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 })ro- 
vide for an equitable mode of making laws, as well as for 
an impartial interpretation and a faithful execution of 
them ; that ever}'^ 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 providence, an opportunity, doliberatelv and jieace- 



CONSTITUTION 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 Co.ai- 

MON WEALTH OF MASSACHUSETTS. 



Equality and 
natural rights 
of all men. 



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



Amendments, 
Art. XI. eubsti 
tuted for this. 



Legislature 
empowered to 
compel provi- 
sion for public 
worship; 



PART THE FIRST. 

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

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

H. It is the right as well as the duty of all men in 
societ}', 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 mo.st agreeable to the 
dictetes of his own conscience ; or for his religious pro- 
fession of sentiments ; provided he doth not disturb the 
public peace, or obstruct others in their religious worship. 

III. [As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of God, and of public 
instructions in piet}^ religion, and morality : Therefore, 
to promote their happiness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and 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 



COMMONWEALTH OF MASSACHUSETTS. 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 people of this commonwealth have also a right atteifdance^""* 
to, and do, invest their legislature Avith authority to enjoin thereon, 
upon all the subjects an attendance upon the instructions 
of the public teachers aforesaid, at stated times and sea- 
sons, if there be any on whose instructions they can con- 
scientiously and conveniently attend. 

Provided, notwithstanding, that the several towns, par- Exclusive right 
ishes, precincts, and other bodies politic, or religious socie- fousteache^rV^' 
ties, shall, at all times, have the exclusive right of electing ^«<="'"''^- 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid b}^ the subject to the support of whom"parochiai 
public worship, and of the public teachers aforesaid, shall, p^fid^^lLs^ 
if he require 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 ever}^ denomination of Cliristians, demeaning them- Aiidenomina- 
selves peaceably, and as good subjects of the commonwealth, protected! ^ 
shall be equally under the protection of the law : and no BubOTd^inttion 
subordination of any one sect or denomination to another anotherp'^rV" 
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, Avdiich 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'^au^f^^c^jrg*^ 
being derived from them, the several magistrates and etc. 
officers of government, vested with authority, whether 
legislative, executive, or judicial, are their substitutes 

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

VI. No man, nor corporation, or association of men, services ren- 
have any other title to obtain advantages, or particular pubiic^btfinK 
and exclusive privileges, distinct from those of the com- p^cuuir privi-° 
muiiitv, than what arises from the consideration of ser- icguH.heredi- 

" ■, ■, -, . . , . tary onicPH are 

Vices rendered to the public; and this title bemg in absurd and 
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 otlice. For 
the definition of 
" inhabitant," 
see Ch. 1, Sect. 
2, Art. II. 
Right of ])rotec- 
tiou and duty of 
contribution 
correlative. 
Taxation 
founded on 
consent. 
16 Mass. 326. 
1 Pick. 418. 
7 Pick. 344. 
12 Pick. 184, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 Allen, 150. 
4 Allen, 474. 

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

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



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



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, safety, prosperitj^, and happiness of the 
people ; and not for the profit, honor, or private interest 
of any one man, famil}^, 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 require it. 

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

IX. All elections ought to be free ; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall establish by their frame of government, have an 
c(|ual 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 by it in the enjoyment of his life, liberty, and 
property, according to standing laws. He is obliged, con- 
sequently, to contribute his share to the expense of this 
protection ; to give his personal service, or an equivalent, 
when necessary : but no part of the property of any indi- 
vidual can, with justice, be taken from hini, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllable by any other laws 
than those to which their constitutional representative 
bod}^ have given their consent. And whenever the pub- 
lic exigencies require that the property of any individual 
should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. 

1 Allen, 150. 103 Mass. 120, 624. 113 Mass. 45. 127 Mass. 50, 52, 

11 Allen, 530. 106 Maes. 356, 362. 116 Mass. 463. 358, 363, 410, 413. 

12 Allen, 223, 230. 108 Mass. 202, 213. 126 Mass. 428, 441. 129 Mass. 559. 
100 Mass. 544, 560. Ill Mass. 130. 

XL 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 right and 



COMMONWEALTH OF MASSACHUSETTS. 7 

justice freely, and without being obliged to piu-chase it ; 
completely, and without any denial ; promptly, and with- 
out delay ; conformably 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 s Pick. 211. 
and formally, described to him ; or be compelled to accuse, is Pick. 434. 
or fmniish evidence against himself. And every subject f^lthw!^' 
shall have a right to produce all proofs that may be favor- fGray^l^^^' 
able to him ; to meet the witnesses against him face to face, & Gray', leo. 

T, i'i/» !• "fray, oVJ. 

and to be fully heard m his detence by hmisell, or his 10 gray, n. 
counsel, at his election. And no subject shall be arrested, 2 AiiTn.'sei.' 
imprisoned, despoiled, or deprived of his property, immu- 24ot264°439^ 
nities, or privileges, put out of the protection of the law, tpAiien,i7o. 
exiled, or depriv'ed of his life, liberty, or estate, but by the 97 kass.'sTo, 
judgment of his peers, or the law of the land, 100 Mass. 287, 

107 Mass. 172, 180. 118 Maes. 443, 451. 122 Mass. 382. 127 Mass. 550, 554, lOSMass. 418, 

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

And the leo-islature shall not make any law that shall Kl!^!."''^ 
subject an}^ person to a capital or infamous punishment, criminal cases, 
exceptins: for the ijovernment of the armv and navy, with- 8"aray,329,373. 

^ , i'^, . '=' • " "^ 103 Mass. 418. 

out trial by jury. 

XIH. In criminal prosecutions, the verification of facts. Crimes to be 
in the vicinity where they happen, is one of the great- ^i'c^iluy!" * *" 
est securities of the life, liberty, and property of the i2i'Mas8^*6i,62. 
citizen. 

XIV. Every subject has a right to be secure from all ^^^''gei'zuTe'"^''^ 
unreasonable searches, and seizures, of his person, his j:fg"iated 

, . . 1 n 1 • • All i. Const, of U. S., 

houses, his papers, and all his possessions. All warrants, Amend'tiv. 
therefore, are contrary to this right, if the cause or founda- Scush.seg. 
tion of them be not previously supported by oath or affir- l3^Gray,^454. 
mation, and if the order in the warrant to a civil officer, to ioo'Mas°s.'i36, 
make search in suspected places, or to arrest one or more Jlg-^^^gg 269 
suspected persons, or to seize theii" property, be not accom- 273, 
panied with a special designation of the persons or objects 
of search, arrest, or seizure : and no Avarrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerning property, and in Right to trial 
all suits between two or more persons, except in cases in excep't%Tc"^ ' 
which it has heretofore been otherways used and practised, ^mencrt vii^** 
the parties have a right to a trial by jury ; and this method 2 ^j^^--^^^. 
of procedure shall be held sacred, unless, in causes arising ^ Gray, 144, 

ii-i 1 1 111 ' ? 8 Gray, 3(3. 

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

• • 577 

the legislature shall hereafter find it necessary to alter it. io2'Ma8B.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. 



CONSTITUTIOX OF THE 



Liberty of the 

press. 



Sight to keep 
and bear arms. 
Standing armies 
•dangerous. 
Military power 
subordinate to 
icivil. 
5 Gray, 121. 



Horal qualifica- 
'tions for office. 



Moral obliga- 
tions of law- 
givers and 
magistrates. 



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



Power to Bus- 
X)end the laws 
or their execu- 
tion. 



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



Frequent ees- 
sionfi, and ob- 
jects thereof. 



Taxation 
founded on 
•consent. 
3 AUen, 247. 



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

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

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of piet}', justice, moderation, temperance, indus- 
try, and frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. 
The people ought, consequently, to ha^c a particular atten- 
tion to all those principles, in the choice of their officers 
and representatives : and they have a right to require of 
theu' lawo^ivers and mao^istrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
wealth. 

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

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

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

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

XXIII. Xo subsidy, charge, tax, mipost, or duties 
ought to be established, fixed, laid, or levied, under any 
pretext whatsoever, without the consent of the people or 
their representatives in the legislature. 



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before Export. facto 
the existence of such laws, and Avhich have not been de- il^AUen, 42if 
clared crimes by preceding 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- treaso^.^etc. 
lature. 

XXVI. No magistrate or court of law shall demand ^r^finet^and"'' 
excessive bail or sureties, impose excessive fines, or inflict cruei punish- 

' J^ ' 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 quarters ought not to be made but ^^^' 

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

XXVIH. No person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, tiTi^nilsT^etc 
except those employed in the army or navy, and except 
the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights Judges of su- 
of every individual, his life, liberty, property, and charac- court^ ^"'^^"'^ 
ter, that there be an impartial interpretation of the laws, f Grl!\- Wi 
and administration of justice. It is the right of every *^J|«^'^^^- 
citizen to be tried b}" judges as free, impartial, and inde- 105 Mass. 21*9, 
pendent as the lot of humanity will admit. It is, therefore, fenure'of their 
not only the best policy, but for the security of the rights ° °^' 

of the people, and of every citizen, that the judges of the 
supreme judicial court should hold their offices as long as 
they behave themselves well ; and that the}^ 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 ckurandV^f?' 
and judicial powers, or either of them : the executive shall menfsf^^'''^ 
never exercise the legislative and judicial powers, or either %^^^ "gi" 
of them : the iudicial shall never exercise the legislative ^-^yf^'^^J'^^s. 

. .1 ^1 1 * 1 . 100 Mass. 282, 

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

, - /. 1 I.J? ll* Mass. 247, 

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

116 Maes. 317. 129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the 
Province of Massachusetts Bay, do hereb}^ 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., Bee 
amendments, 
Art.X. 



Governor's 

veto. 

99 Maes. 636. 



BUI may be 
passed by two- 
thirds of each 
house, notwlth- 
standing. 



THE legislative PC AVER. 

Section I. 
The General Court. 

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

The legislative body shall assemble every je&v [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 AYednesday 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 b}^ the governor, at large, 
on theu' records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shaU, 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 two-thh'ds of the members pres- 
ent, shall have the force of a laAV : but in all such cases, 



COMMONWEALTH OF MASSACHUSETTS. 11 

the votes of both houses shall be determined by yeas and 
nays ; and the names of the persons voting for, or against, 
the said bill or resolve, shall be entered upon the public 
records of the commonwealth. „ 

.„ . .,, For exception 

And in order to ])revent unnecessary delays, it any bill lucaseofad- 

T 1 11 •, , T 1 /i " "'i-l • iournmeut of 

or resolve shall not be returned by the governor witliin the general 
five days after it shall have been presented, the same shall thefiVedaj", 
have the force of a law. 3 Mass. 56v. ^ Zntsjn. i. 

HI. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and j^imcatoAes" ^ 
courts of record, or other courts, to be held in the name o^dfete"* '^^''' 
of the commonwealth, for the hearing, trying, and deter- i2^Gray,^i4T, 
mining of all manner of crimes, olfences, pleas, processes, i54. 
plaints, actions, matters, causes, and things, whatsoever, 
arising or happening within the commonwealth, or between 
or concerning persons inhabiting, or residing, or brought 
within the same : whether the same be criminal or civil, 
or whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal, or mixed ; and 
for the awarding and making out of execution thereupon. 
To which coiu-ts and judicatories are hereby given and ^°y''*'ji'^^i'gter 
granted full power and authority, from time to time, to oaths, 
administer oaths or afErmations, for the better discovery 
of truth in any matter in controversy or depending before 
them. 

IV. And further, full power and authority are hereby General court 

-, , . ^ 1 j_ jy j.'i ™^y enact laws, 

given and granted to the said general court, irom time to etc. 
time to make, ordain, and establish, all manner of whole- 4 a [fen', 473'. 
some and reasonable orders, laws, statutes, and ordinances, ^^^^^"®°' -^^' 
directions and instructions, either with penalties or with- 100 Mass. 544. 
out ; so as the same be not repugnant or contrary to this iie Mass. 467, 
constitution, as they shall judge to be for the good and may enact 
welfare of this commonwealth, and for the government rlpugnlntto* 
and ordering thereof, and of the subjects of the same, and e^liren^^as!'^"' 
for the necessaiy 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'^appoiu'tment 
within the said commonwealth, the election and consti- n5°Masr602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several thSr dSue^s*!"'^^ 
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. 

5 AUen, 428. 

6 Allen, 558. 

8 Allen, 247, 253. 

10 Allen, 235. 

11 Allen, 268. 

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

98 Mass. 19. 

100 Mass. 285. 

101 Mass. 575, 
585. 

103 Mass. 267. 
114 Maes. 388, 
391. 

116 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 taxes, upon all the 
inhabitants of, and persons resident, and esta,tes Ijina^, 
within the said commonAvealth ; 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, wdth the advice and consent of the council, 
for the public service, in the necessary defence and sup- 
l)ort of the government of the said commonwealth, and 
the protection and preservation of the subjects thereof, 
according to such acts as are or shall be in force within 
the same. 

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

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



CHAPTER I 



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



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



Section H. 

Senate. 

Article I. [There shall be annually elected, by the 
freeholders and other inhabitants of this commonwealth, 
(|ualified as in this constitution is provided, forty 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 tune, 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 b}' the pro- 
portion of the public taxes paid by the said districts ; and 
timely make known to the inhabitants of the common- 
wealth the limits of each district, and the number of coun- 
cillors and senators to be chosen therein ; provided, that 
the number of such districts shall never be less than thir- 



COMMONWEALTH OF MASSACHUSETTS. 13 

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

And the several counties in this commonwealth shall, coijnties to be 

' distncts, until, 

until the general court shall determine it necessary to etc 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
Count}^ and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz, : — Suftblk, six ; Essex, six ; Middlesex, 
five ; Hampshire, fom' ; Plymouth, tlu-ee ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; AVorcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshke, two.] 

H. The senate shall be the first branch of the lec^islat- Manner and 

. ^ . c time of choosing 

ure ; and the senators shall be chosen in the following man- eenators and 
ner, viz. : there shall be a meeting on the [first 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 am"ndmemt, 
by the selectmen, and warned in due course of law, at ^^"^^^^J/^j^g ^^^ ^^ 
least seven days before the [first Monday in April,] for qualifications of 

j; . L - 1 voters, super- 

the purpose oi electmi2r persons to be senators and coun- sededbyamend- 

.-1 . •• * ments Arts 

cillors ; [and at such meetings every male inhabitant of in., xx., 
twenty-one years of age and upwards, having a freehold xxx., x'xxi. 
estate within the commonwealth, of the annual income of word'^uihabi- 
three pounds, or any estate of the value of sixty pounds, tant" defined. 

A ., "^ . .,. I, , J ^ ,' See also amend- 

shall have a right to give m his vote for the senators tor ments, ah. 
the district of which he is an inhabitant.] And to remove was annulled by 
all doubts concerning the meaning of the word " inhabi- 12 dray, 21." 
tant" in this constitution, every person shall be considered 122 Mass. o9o, 
as an inhabitant, for the purpose of electing and being 
elected into any office, or place within this state, in that 
town, district, or plantation where he dwelleth, or hath 
his home. 

The selectmen of the several towns shall preside at selectmen to 

I . . . ,1 Tin • 1 /• preside at town 

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 fau' record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copy of this record shall be attested by As to cities, see 
the selectmen and the town clerk, and shall be sealed up. Art. 11. 
directed to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 



14 



CONSTITUTION OF THE 



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



Inhabitants of 
unincorporated 
plantations, 
who 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. 
Majoritj- 
changed to 
plurality by 
amendments. 
Art. XIV. 



Senate to be 
final judge of 
elections, etc., 



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

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 
be empowered and required to assess taxes upon them- 
selves toward the support of government, shall have 
the same privilege of voting for councillors and senators 
in the plantations where they reside, as town inhabitants 
have in their respective towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
first Monday in April] , at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authority for notifjing the elec- 
tors, collecting and returning the votes, as the selectmen 
and town clerks have in thek' 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 theu' votes for 
councillors and senators in the Xown where the}^ 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 retiu-ned copies of such 
records ; and fourteen da3"s 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 take their seats as aforesaid. 

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



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, [on the said ^^ "" °^° '^®™- 
last Wednesday in May] annually, determine and declare Time changed 
Avho are elected by each district to be senators [by a day of January 
majority of votes ; and in case there shall not appear to mentsf Irt. x. 
be the full number of senators returned elected by a ^i^nged to 
majority of votes for any district, the deficiency shall be amendments 
supplied in the following manner, viz. : The members of Art. xiv. 
the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons 
as shall be found to have the highest number of votes 
in such district, and not elected, amounting to twice the 
number of senators wanting, if there be so many voted 
for ; and out of these shall elect by ballot a number of 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^Ae" ^ 
ever}" district of the commonwealth ; and in like manner me'nt^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.] 

Y. Provided, nevertheless, that no person shall be Qualifications 
capable of being elected as a senator, [who is not seised Property quaii- 
in his own right of a freehold, within this commonwealth, i^sl^ed!" '''^°^' 
of the value of three hundred pounds at least, or possessed ^e^ntrAn 
of ])ersonal estate to the value of six hundred pounds at 5"i- ^ 

1 i- 1 1 1 /> 1 1-11 ^'^^ further pro- 

least, or or both to tlie amount oi the same sum, and] who vision as to 
has not been an inhabitant of this commonwealth for the also amend^-'''' 
space of five years immediately preceding his election, and, xxii.' ^^^' 
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 adjomniments do not exceed two days at a thlnYwo'daj^s. 
time. 

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

, , ., ^ J J i. • -i. IX' Its oftcers and 

point its own oincers, and determine its own rules ot establish its 

1 . rules. 

proceedings. 

VIII. The senate shall be a court with full authority . shaiitryaii 
to hear and determine all impeachments made by the 

house of representatives, against aiw 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 



COXSTITUTIOX OF THE 



Quorum. See 
amendments, 
Arts. XXII. 
and XXXm. 



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

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



Representation 
of the people. 



Representa- 
tives, by whom 
chosen. 
Superseded by 
amendments, 
Arts. XII. and 
XIIL, 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. 



CHAPTEE I. 

Section III. 

House of Hepresentatives. 

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

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

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

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

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

III. Every member of the house of representatives 
shall be chosen by A^Tittcn votes ; [and, for one year at 



COMMONWEALTH OF MASSACHUSETTS. 17 

least next preceding his election , shall have been an inhab- New provision 

. ^ ., ^, , V • 1 • 1 • • 1 i ^ r as to reBidence. 

itant or, and have been seised in his own right oi a tree- seeamend- 
hold of the value of one hundred pounds within the town xxi.*' ^ ' 
he shall be chosen to represent, or any ratable estate to ficauons^aTo'i"' 
the value of two hundred pounds ; and he shall cease to ^^^l^^^^^^""^- 
represent the said town iiiiniediately on his ceasing to be xiii. ' 
qualified as aforesaid.] 

IV. [Every male person, being twenty-one years of ^"f^.^te"°°^ 
ajje, and resident in any particular town in this common- These pro- 

c n 2. J* !• visions super- 

wealth lor the space ot one year next preceding, having a sededby 
freehold estate within the said town of the annual income A^tT'iTCxx., 
of three pounds, or any estate of the value of sixty pounds, §x!/xxxi. 
shall have a right to vote in the choice of a representative leg^^-^^^^d 
or representatives for the said town,] ^e"***'^""*-. 

V. [The members of the house of representatives shall was annulled by 
be chosen annually in the month of May, ten days at least R^'rfg^^a- 
before the last Wednesdav of that month.] tives, when 

" -■ chosen. 

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

Art. XV. 

VI. The house of representatives shall be the STand House aione 

^ i 1 n . 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 originate in the house of House to ongi- 

^ ~ nate all money 

representatives ; but the senate may propose or concur wus. 
with amendments, as on other bills. 

VIII. The house of representatives shall have power Not to adjoum 
to adjourn themselves ; provided such adjournment shall da°y's!*^^°*^** 
not exceed two days at a time. 

IX. rXot less than sixty members of the house of Quorum. See 

L -J „ , . . 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 qualifications of its own mem- its own mem. 
bers, as pointed out in the constitution ; shall choose their its officers and 
own speaker ; appoint theh* 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, 226. 
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 tune of its sitting, shall 
threaten harm to the bod}^ or estate of any of its members, 
for any thing said or done in the house ; or who shall 
assault an}' 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. 
1-4 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



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

And no member of the house of representatives shall 
be arrested, or held to bail on mesne process, during his 
going unto, returning from, or his attending the general 
assembh^ 

XL 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 
descrilied otfenees, be for a term exceeding tliu't}^ days. 

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



CHAPTER II 



Governor. 



His title. 

To be chosen 
annually. 
Qualitications. 
See ameml- 
meuts, Arts. 
\^I. and 
XXXIV. 



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. 

Gove)'no7\ 

Article I. There shall be a supreme executive mag- 
istrate, who shall be st3ded — The Governor or the 
Co^kOiONWEALTH OF MASSACHUSETTS ; and whose title 
shall be — His Excellency. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 19 

a list of the persons voted for, with the number of votes 
for eacli person against his name ; and shall make a fair 
record of the same in the town books, and a public decla- As to cities, eee 

1 f • ,^ • -I ,• 1 1 n • j^i amendments, 

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

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

attested by him and the selectmen, and transmit the same 

to the sheriii' of the county, thh'ty days at least before the 

[last Wednesday in May] ; and the sheriff shall transmit t^JtorwednL- 

the same to the secretary's office, seventeen days at least dayof januar 



before the said [last Wednesday in May] ; or the select- ments, Art. x. 
men ma}^ cause returns of the same to be made to the 
office of the secretar}^ of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May] , to be by them changed to 
examined ; and in case of an election by a [majority] of all amindmeuts, 
the votes returned, the choice shall be by them declared ^'t-^^v. 
and published ; but if no person shall have a [majority] of vt^^^xiTvekon 
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 make return to 
the senate of the two persons so elected ; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor. 

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

least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the afiairs 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- general comt 
eral court, to adjourn or prorogue the same to any time and conveni ' 
the two houses shall desire ; [and to dissolve the same on ^s t^irdissoiu- 
the day next preceding the last Wednesday in May ; and, *^°n'tf\'l^xf' 
in the recess of the said court, to prorogue the same from 

time to time, not exceeding ninety da3^s in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place where the said 
court is next at any time to convene, or any other cause 



20 



CONSTITUTION OF THE 



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

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



Governor to be 
commander-in- 
chief. 



liimitation. 



happening, whereby danger may arise to the health or 
lives of the members from their attendance, he may direct 
the session to be held at some other, the most convenient 
place within the state. 

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

YI. In cases of disagreement between the two houses, 
with regard to the necessit}^ expediency, or tmie of ad- 
jom'nment 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. 

Vn. The governor of this commonwealth, for the time 
being, shall be the commander-in-chief of the army and 
navy, and of all the military forces of the state,, by sea 
and land ; and shall have full power, by hmiself, or by 
any commaftder, or other officer or officers, from time to 
time, to train, instruct, exercise, and govern the militia 
and navy ; and, for the special defence and safety of the 
commonwealth, to assemble in martial array, and put in 
Avarlike posture, the inhabitants thereof, and to lead and 
conduct them, and with them to encounter, repel, resist, 
exj^el, and pursue, by force of anus, as well by sea as by 
land, within or Avithout the Imiits of this commonwealth, 
and also to kill, slay, and destro}^ if necessary, and con- 
quer, by all fitting ways, enterprises, and means whatso- 
ever, all and every such person and persons as shall, at 
any time hereafter, in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoj'ance 
of this commonwealth ; and to use and exercise, over the 
army and navy, and over the militia in actual service, the 
law-martial, in time of Avar or iiiA^asion, and also in tmie 
of rebellion, declared by the legislature to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means Avhatsoever, all and e\'ery such 
person or persons, Avith their sliips, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the iuA^ading, conquering, or annoA'ing this com- 
mouAvealth ; and that the gOA^ernor be intrusted Avith all 
these and other poAvers, incident to the offices of cap- 
tain-general and commander-in-chief, and admii-al, to be 
exercised agreeably to the rules and regulations of the con- 
stitution, and the laws of the land, and not otherwise. 

ProA'ided, that the said goA^ernor shall not, at any time 
hereafter, by Adrtue of any poAver by this constitution 



COMMONWEALTH OF MASSACHUSETTS. 21 

granted, or hereafter to bo granted to him by the legis- 
lature, transport any of the inhabitants of this common- 
wealth, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the con- 
sent of the general court ; except so far as may be neces- 
sary to march or transport them by land or water, for the 
defence of such part of the state to which they cannot 
otherwise convenientl}' have access. 

VHI. The power of pardoning ofiences, except such Governor and 

1 • i 1 /■ 1 /» ji i 1 council may 

as persons may be convicted oi betore the senate by an pardon offenceB, 
impeachment of the house, shall be in the governor, by *'^*''^p*' ^ *'• 
and with the advice of council ; but no charter of par- 
don, granted by the governor, with advice of the council 
before conviction, shall avail the part^' pleading the same. But not before 
notwithstanding any general or particular expressions io9 Maes. 323. 
contained therein, descriptive of the oftence or offences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the Judicial offi. 
solicitor-general, [all sherifis,] coroners, [and registers of nominated a°nTi 
probate,] shall be nominated and appointed by the gov- |o?°provf8ionB 
ernor, bv and with the advice and consent of the council ; as to election 

' .^ _ _ '01 attorncy- 

and every such nomination shall be made by the governor, general, eee 
and made at least seven da,y8 prior to such appointment. Art. xvii. ' 

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

X. The captains and subalterns of the militia shall be Miiitia officers, 
elected by the written votes of the train-band and alarm umitatfonof 
list of their respective companies, [of twenty-one 3'ears byVme^nd"- ""* 
of age and upwards ;] the field officers of regiments shall ments,Art. v. 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, by the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- Howcommis- 
missioned by the governor, who shall determine their rank. "°"^ ' 

The legislature shall, 'by standing laws, direct the time Election of 
and manner of convening the electors, and of collect- ° 
ing votes, and of certifying to the governor, the officers 
elected. 

The maior-ffenerals shall be appointed by the senate and ^fajor-gcnerais, 

•' O _ I I _ .' _ how appomted 

house of representatives, each having a negative u})on 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 brigadiers, field officers, captains vacancies, how 
or subalterns, shall neglect or refuse to make such ek'c- etc. 



22 



CONSTITUTION OF THE 



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



Adjutants, etc., 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



^foney, how 
drawn from the 
treasury, 
except, etc. 
13 AUen, 593. 



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



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

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

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

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

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

XI. No moneys shall be issued out of the treasury of 
this commonwealth, and disposed of (except such sums as 
may be appropriated for the redemption of bills of credit 
or treasurer's notes, or for the payment of interest arising 
thereon) but by warrant under the hand of the governor 
for tlie 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. 

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



COMMONWEALTH OF MASSACHUSETTS. 23 

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

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

XIII. As the public good requires that the governor salary of 
should not be under the undue influence of any of the g°^^''°°'- 
members of the general court by a dependence on them 
for his support, that ho 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 commonAvealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, amply suffi- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary b}^ law accordingl}". 

Permanent and honorable salaries shall also be estab- salaries of jus- 

Tiiii !• J^^ • j^' ^ii • T • 1 1 tices of Bupreme 

lished by law tor the justices of the supreme judicial court, judicial court. 
And if it shall be found that any of the salaries afore- Salaries to be 
said, so established, are insufficient, they shall, from time fnsuflcient. 
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, miTand'^quaH- 
whose title shall be — His Honor; and who shall be amendment^r 
qualified, in point of [religion,] [property,] and residence ^^]^"'*°* 
in the commonwealth, in the same manner with the sfov- 
ernor ; and the da}^ 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/urauty pro- 
be found to have a majority of all the votes returned, the videdforby 
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.] 

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

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



Council. 
Kumber of 
councillors 
changed to 
eight. 
See amend- 
ments. Art. 
XVL 



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

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 Leyia- 

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 ha\'e full 
power and authority, from time to time, at his discretion, 
to assemble and call together ; and the governor, with the 
said councillors, or five of them at least, shall and may, 
from time to time, hold and keep a council, for the order- 
ing and du'ecting the affairs of the commonwealth, accord- 
ing to the laws of the land. 

II. [Nine councillors shall be annually chosen from 
among the persons returned for councillors and senators, 
on the last Wednesday- in ]May, by the joint ballot of 
the senators and representatives assembled in one room ; 
and in case there shall not be found upon the first choice, 
the Avhole 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 3ear. The seats of the persons thus elected from 
the senate, and accepting the trust, shall be vacated in the 
senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

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

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

„ '- ■,. . . /• 1 • 1^1 n have more than 

out 01 any one district ot this commonwealtli.J two. 

Superseded by amendments, Art. XVI. 

V. The resolutions and advice of the council shall be liegisterof 
recorded in a register, and signed by the members present ; 

and this record may be called for at any time by either 
house of the legislature ; and any member of the council 
may insert his opinion, contrary to the resolution of the 
majority. 

VI. Whenever the office of the governor and lieuten- Council to cxer- 
ant-governor shall be vacant, b}' reason of death, absence, "/governor in 
or otherwise, then the council, or the major part of them, «^^«'^t<=- 
shall, during such vacancy, have full power and authority 

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

VII. [And whereas the elections appointed to be made. Elections may 
by this constitution, on the last Wednesday in May annu- untVe"/."^' 
ally, by the two houses of the legislature, mny not be 
completed on that da}^ the said elections may be adjourned 

from day to day until the same shall be completed. And gup|rslded°by 
the order of elections shall be as folloAvs : the vacancies in amendments, 

„ , - , Arts. Xvl. and 

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



CHAPTEE II. 
Sectiox IV. 
Secrefari/, Treasurer, Coinmissary, etc. 
Article I. FThe secretary, treasurer and receiver- secretary, etc , 

1 1,1 • 1 J • IT T-iby whom and 

general, and the commissary-general, notaries public, andj how chosen. 
naval officers, shall be chosen annually, by joint ballot of to°eiection'of ^^ 
the senators and representatives in one room. And, that Inevtnl'rZ^^^' 
the citizens of this commonwealth mav be assured, from ceiyergei erai, 

, "■ . , , and auuitor and 

time to time, that the monevs remainino; in the public attorney gen- 

, , - I ,. . , '. /■ 1 1 eral, see amend- 

treasury, upon the settlement and iKjuidation ot tlie })ub- ments, Art. 



26 



CONSTITUTION OF THE 



Treasurer in- 
«liglble for 
more than five 
«ucceBsive 
years. 



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



lie accounts, are their property, no man shall be eligible 
as treasurer 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, Avho may appoint his deputies, 
for whose conduct he shall be accountable ; and he shall 
attend the governor and council, the senate and house of 
representatives, in person, or by his deputies, as they shall 
respectively require. 



CHAPTER III 



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



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

Justices of the 
peace; tenure 
of their office. 
3 Gush. 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 
during good behavior, excepting such concerning whom 
there is different provision made in this constitution : 
provided, nevertheless, the governor, with consent of the 
council, may remove them upon the address of both houses 
of the legislature. 

II. Each branch of the legislature, as well as the 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 theu* respective dates ; and, upon the expira- 
tion of any commission, the same msby, if necessary, be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the commonwealth. 

rV. 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 Avhich 
appointments, the said courts shall be holden at the times 
and places which the respective judges shall du'ect. 



COMMONAVEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimonA% and ^i^orlferand 
all appeals from the judges of probate, shall be heard and ^"iJg°°^';^,_ 
determined bv the governor and council, until the legis- visions made 
lature shall, by law, make other provision. los Mass. 327. 

•^ ^ 116 Mass. 317. 



CHAPTER IV. 

DELEGATES TO CONGRESS. 

TThe delegates of this commonwealth to the congress of Delegates to 

L & • 1 1 ^ T congress. 

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



CHAPTER V. 

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

Section I. 

The University/. 

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



CONSTITUTIOX OF THE 



All gifts, 
grants, etc., 
confirmed. 



Who shall be 
overseers. 

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



Power of altera- 
tion reserved to 
the legislature. 



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

II. And whereas there have been at sundry times, by 
divers persons, gifts, grants, devises of houses, lands, tene- 
ments, goods, chattels, legacies, and conveyances, 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 gi'antors, 
devisor or devisors. 

HI. And whereas, by an act of the general court of 
the colony of ^Massachusetts Bay, passed in the 3^ear one 
thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, wfere, 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 new constitution of government to 
ascertain who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and sen- 
ate of this commonwealth, are, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 
gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any 
wa}" appertaining to the overseers of Harvard College ; 
provided, that nothing herein shall be construed to pre- 
vent the legislature of this commonwealth from making 
such alterations in the government of the said university, 
as shall be conducive to its advantage, and the interest 
of the republic of letters, in as full a manner as might 
have been done by the legislature of the late Province of 
the Massachusetts Bay. 



COMMOXWEALTH OF MASSACHUSETTS. 29 



CHAPTER V. 

Section H. 

The Encouragement of Literature, etc. 

AYisdom and knowledge, as well as virtue, diftused gen- Duty of legisiat- 
erally among the body of the people, being necessary for igtrate"1nTu 
the preservation of their rights and liberties ; and as these Fo^furthe°pro- 
depend on spreading the o})portunities and advantages of '^'j^^^'c^choois 
education in the various parts of the country, and among seeamend- 
the ditferent orders of the people, it shall be the duty xviif." 
of legislatures and magistrates, in all future periods of 503. ^^'^ 
this commonwealth, to cherish the interests of literature ■^°^^^***'^'^'^^' 
and the sciences, and all seminaries of them ; especially 
the university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agi'icultiu-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 SUBSCRIPTIOXS ; INCOMPATIBILITY OF AND EXCLU- 
SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS- 
SIONS; AVRITS; CONFIRMATION OF LAWS; HABEAS CORPUS; 
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI- 
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC. 

Article I. [An}' 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- ^i^oiified s, 

' ' ' , , amendmente, 

gion, and have a firm persuasion of its truth ; and that 1 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 



CONSTITUTIOX OF THE 



Declaration and 
oaths of all 
officers. 



For new oath 
of allegiance, 
Bee amend- 
mentB, Art. VI. 



Oath of office. 



Proviso. See 
amendments, 
Art. VI. 



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

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

[" I, A. B., do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of Massachu- 
setts is, and of right ought to be, a free, sovereign, and 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
will defend the same against traitorous conspiracies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be) , and every other foreign power whatsoever ; and that 
no foreign prince, person, prelate, state, or potentate, 
hath, or ought to have, any jurisdiction, superiority, pre- 
eminence, authority, dispensing or other power, in any 
matter, civil, ecclesiastical, or spiritual, within this 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 testif}^ and declare, that 
no man or body of men hath or can have any right to 
absolve or discharge me from the obligation of this oath, 
declaration, or affirmation ; and that I do make tliis ac- 
knowledgment, profession, testimony, declaration, denial, 
renunciation, and abjiu'ation, heartily and truly, according 
to the common meaning and acceptation of the foregoing 
words, without any equivocation, mental evasion, or secret 
reservation whatsoever. So help me, God."] 

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his affirmation in the foregoing 
form, and subscribe the same, omitting the words, \_^^Ido 
swear," " and abjure," " oath or," " and abjuration," in the 
first oath, and in the second oath, the words] ^' swear 
and," and [in each of them] the Avords " So help me, 
God;" subjoining instead thereof, " This I do under the 
jmins and penalties of perjunj." 

And the said oaths or affirmations shall be taken and a^r^J^a't^o^nB 
subscribed by the governor, lieutenant-governor, and coun- how adminis- 
€illors, before the president of the senate, in the presence 
of the two houses of assembly ; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being ; and by the residue of the 
officers aforesaid, before such persons and in such manner 
as from time to tune shall be prescribed by the legislature. 

H. No governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial court, shall hold any other office or place, hibiteyto°gov- 
under the authority of this commonwealth, except such as exceptfetc. 
by this constitution they are admitted to hold, saving that m^itrArt. 
the judges of the said court may hold the offices of justices ^in. 
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 f^Sfgn^gll*"' 
the same time, within this state, more than one of the fol- 
lowing offices, viz. : judge of probate — sheriff — register 
of probate — or register of deeds ; and never more than 
any two offices, which are to be held by appointment of 
the governor, or the governor and council, or the senate, 
or the house of representatives, or by the election of the 
people of the state at large, or of the people of any county, 
military offices, and the offices of justices of the peace 
excepted, shall be held by one person. 

No person holding tlie office of judge of the supreme incompatible 
judicial court — secretary — attorney-general — solicitor- For further pro- 
general — treasurer or receiver-general — judge of probate i^co°mpatlwe 

— commissary-general — [president, professor, or instruc- °®e°dments 
tor of Harv^ard Colleo;e1 — sheriff — clerk of the house of Art. vni. ' 

fs, -i , /> 1 1 Oacers of Ilar- 

representatives — register oi probate — register or deeds vard college 

— clerk of the supreme judicial coiu-t — clerk of the infe- Amendments, 
rior court of common pleas — or officer of the customs, ^"^-^^^ ^• 
including in this description naval officers — shall at the 



32 COXSTITUTIOX OF THE 

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. 

offlcS?"'*'^^^ 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. 

dis'qx^aiify!' ■' -"^'1^ 110 pcrsou shall ever be admitted to hold a seat in 

the legislature, or any office of trust or importance under 
the government of this conmion wealth, who shall, in the 
due course of laAv, have been convicted of bribery or cor- 
ruption in obtaining an election or appointment. 

Iice"rta'ineT°^^ ^^^' ^'^ ^^^ cascs wlicrc sums of moncy are mentioned 
in this constitution, the value thereof shall be computed 

ficationsmay"' ^'^ silvcr, at six shillings and eight pence per ounce ; and 

beincieaged. [^ gi^j^]| ]-,g jj^ i\^q powcr of tlic legislature, from time to 

aee amend- . , a . ^ . ~ . 

ments, Arts. timc, to incrcasc such qualmcations, as to property, ot 
XXXIV. the persons to be elected to offices, as the circumstances 

of the commonwealth shall re(|uire. 

Te^ScUng I^^- All commissions shall be in the name of the 

commissions. Commonwcalth of Massachusetts, signed by the governor 

and attested by the secretary or his deputy, and have the 

great seal of the commonwealth affixed thereto. 

Provisions re- Y. AH writs, issuinij out of the clerk's office in anv of" 

Bpectmg writs. ,. i i iP i . i p ii /--i 

2 Pick. 692. the courts oi law, shall be in the name oi the Common- 
13 Gray, 74. wcaltli of Massachusctts ; they shall be under the seal of 
the court from whence they issue ; the}' 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. 
S-m?rXw°° °' ^^^- A^l t^^^ ^^^^^'^ which have heretofore been adopted, 
except, etc. ' uscd, and approved in the Province, Colony, or State of 
2 Mass! 534. Massachusctts Bay, and usually practised on in the courts 
16 Pick. 107, 115. of law, shall still remain and be in full force, until altered 
2 Met. 118. ^j, repealed by the legislature ; such parts only excepted 
as are repugnant to the rights and liberties contained in 
this constitution. 
Benefit of yu^ Xhc privilco-c and benefit of the ■s\T:it of habeas 

hdbea.i corpus , n i . ~n . i • n .i • ^i i 

secured, except, covpus shall bc cnjoycd in this commonwealtn, m the most 
free, eas}^ cheap, expeditious, and ample manner ; and 
shall not be suspended by the legislatm-e, except upon the 
most urgent and pressing occasions, and for a limited 
time, not exceedins: twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

VHI. The enacting- style, in making and passing all Jtyi/°*°*'°^ 
acts, statutes, and laws, shall be — "Be it enacted by the 
Senate and House of Representatives in General Court 
assembled, and b}^ the authority of the same," 

IX. To the end there ma}'' be no failure of justice, or officers of 
danger arise to the commonwealth from a change of the meift'^continued 
form of government, all officers, civil and military, hold- "°*^^' ®*'^' 
ing commissions under the government and people of 
ISlassachusetts Bay in New England, and all other officers 

of the said goverimient and people, at the time this con- 
stitution shall take efl'ect, 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 
poAvers 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 etlectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- sututi^u.*^"" 
tions which by any means may be made therein, as well p^o'^tdon "f to 
as to form such alterations as from experience shall be g^^amwfd-^^' 
found necessar}^ 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 piu-pose of 
collecting their sentiments on the necessity or expediency 
of revising the constitution, in order to amendments. 

And if it shall appear, by the returns made, that two- Provision for 



revising con- 



thirds of the c|ualified voters throughout the state, who gmutTon.' 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general court shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

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



34 



CONSTITUTION OF THE 



pres^'^^'ingand ^I- This fomi of govemment shall be enrolled on 

conitoJtion!''* parchment, and deposited in the secretary's office, and be 

a part of the laws of the land ; and printed copies thereof 

shall be prefixed to the book containing the laws of this 

commonAvealth, in all future editions of the said laws. 



ARTICLES OF AMENDMENT. 



Article I. If any bill or resolve shall be objected to, 



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. 



Bill, etc., not 
approved within 

five days, not to and not approved bv the orovernor : and if the jreneral 

become a law, 1 1 t " • i • n i 

court shall adjourn within five days after the same shall 
have been laid before the governor for his approbation, 
and thereb}' prevent his returning it Avith 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 
authorit}^ 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, ])rivileges, 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 anv town not containinij 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 Avarned 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 tunes, to be 
annulled by the general court. 

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



Proviso. 

112 Mass. 200. 



Qualifications of 

voters for gov- 
ernor, lieuten- 
ant-governor, 
senators and 
representatives. 
Bee amend- 
ments. Arte. 
XXX. and 
XXXII. 
11 Pick. 538, 540. 
14 Pick. 341. 
14 Mass. 367. 
5 Met. 162, 298, 
591, 594. 



COMMONWEALTH OF MASSACHUSETTS. 35 

or county tax, which shall, within two years next preced- J22 mms^^ms 
ins: such election, have been assessed upon him, in any 597. 

O ,. . \. , . 1111 "^124 Mass. 596. 

town or district 01 this commonwealth ; and also every For educational 
citizen who shall be, by law, exempted from taxation, geeJmTnd""' 
and who shall be, in all other respects, qualified as above por'^pro't^Bi"^!^" 
mentioned,] shall have a right to vote in such election of ^ave ser^ve^dTn ° 
governor, lieutenant-o-overnor, senators, and representa- the army or 

o ' o ' ' I ^ navy in time 

tives : and no other person shall be entitled to vote in of war, see 

, , . ameudraentB, 

such election. Arts. xxviii. 

See also amendments, Art. XX Til., which was annulled by amendments. Art. XXVT. 

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

■ 1 • 1. . , ,,, "^ how appointed 

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

rin case the office of secretary or treasurer of the com- Vacancies in the 

'- 1,11111 Zi- 1* offices of secre- 

mon wealth shall become vacant irom any cause, cluring tary and trcas- 
the recess of the general court, the governor, with the tws ciauee"^'^' 
advice and consent of the council, shall nominate and aX^,[^mente^^ 
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 court.] 

Whenever the exigencies of the commonwealth shall gen^ral^ma^be 
require the appointment of a commissary-o-eneral, he shall appointed, in 

1 _ 11 _ . . ^ ~, . , case, etc. 

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

All officers commissioned to command in the militia Miutia officers, 

, 1 -, /T^ • 1 j^i 1 • ^OYf removed. 

may be removed irom office m such manner as the legis- 
latm'c may, by law, prescribe. 

Art. V. In the elections of captains and subalterns who may vote 
of the militia, all the members of their respective compa- eubai^tern r.** ^" 
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 ^fi|/°^Vers'° 
by the constitution, the following oath shall be taken and ctf 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 



CONSTITUTION OF THE 



Tests abolished. 



Incompatibility 

of offices. 

12-2 Mass. 445, 

600. 

123 Mass. 535. 



Qu°akers may Pvovided, That wbcii aiij person shall be of the denomi- 

aflirm. natloii Called Quakers, and shall decline taking said oath, 

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

Art. VII. No oath, declaration, or subscription, 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. VIII. No judge of any court of this common- 
wealth, (except the court of sessions,) and no person 
holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
liokl the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorney, clerk 
of an\' court, sheriti', 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 ti'ust, 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. 
^Mm'lnionT*" Art. IX. If, at an}- time hereafter, any specific and 
how made particular amendment or amendments to the constitution 
be proposed in the general court, and agreed to by a ma- 
jority of the senators and two-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the 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 propo.sed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-thu'ds 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 



COMMONWEALTH OF MASSACHUSETTS. 37 

amendment or amendments to the people ; and if they 
shall be approved and ratified by a majority of the quali- 
fied voters, voting- thereon, at meetings legally warned 
and holden for that pm^pose, they shall become part of 
the constitution of this commonwealth. 

Art. X. The political year shall begin on the first commencement 

f.T ' 1 c ^ 1 Txr 1 1 ,. of political 

Wednesday ot January, instead oi the last Wednesday oi year, 
May ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 
done at the session which has heretofore commenced on the 
last AVednesday of May. And the general court shall be ^0*°'^ *^'''"'°*- 
dissolved on the day next preceding the first W^ednesday 
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 fii'st Wednesday of January, and until 
others are chosen and qualified in their stead. 

[The meeting for the choice of governor, lieutenant- ^ofc'f ^f g° v*^® 
governor, senators, and representatives, shall be held on emor, lieuten- 

1 -I -n.r 1 f -KT • ^ A. ant-governor, 

the second Monday or Movember in every year; but etc., when to be 
meetings may be adjourned, if necessar}^ for the choice Thisdause 
of representatives, to the next da}', and again to the next alifen'dmems'/ 
succeeding' day, but no further. But in case a second ^rt. xv. 
meeting shall be necessary for the choice of representa- 
tives, such meetings shall be held on the fourth Monday 
of the same month of November.] 

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

This article shall go into operation on the first day of ^'^o\ntr^^° 
October, next following the day Avhen 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 fii'st Wednesday of 



38 



CONSTITUTION OF THE 



Inconsistent 

provisions 

annulled. 



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

in. 



the following modification and amendment thereof 



122 MaBB. 40,41. 



Census of rata- 
ble polls to be 
taken in 1S37, 
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 conformabl}^ thereunto, in the month of November 
following the day on which the same shall be in force, and 
go into operation, pursuant to the foregoing provision. 

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

Art. XI. Instead of the third article of the bill of 
right 
is substituted : — 

"As the public worship of God and instructions in 
piet}^ religion, and morality, promote the happiness and 
prosperity of a people, and the security of a republican 
government ; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at an}^ 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 Avith 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 established 
by law." 

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



COMMONWEALTH OF MASSACHUSETTS. 39 

blc polls at the last preceding decennial census of polls, 
may 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, 
polls, at the last preceding decennial census of polls, shall gented?"^^" 
be multiplied by ten, and the product divided by three 
hundred ; and such town may elect one representative as 
many years within ten 3a^ars, 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, may be represented, as to 
that surplus number, by multiplying such surplus number 
by ten and dividing the product b}^ four hundred and fifty ; 
and such city or town may elect one additional representa- 
tive as many years, within the ten years, as four hundred 
and fifty is contained in the product aforesaid. 

Any two or more of the several towns and districts Towns may 

: • ,' • • i i» ii 1 1 J. J. unite into repre- 

majs by consent ot a majority ot the legal voters present eentative dis- 
at a leg"al 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 deferm'ine'th*^ 
Lord one thousand eight hundred and thirty-seven, accord- re's^ntaUvlrto' 
ino^ to the foreffoins: principles, the number of representa- which each 

.^ or^i 1 ' ,'■,.. town IB entitled. 

tives, which each cit}^ town, and representative district 

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

period of ten years then next ensuing, that each city, 

town, and representative district may elect an additional 

representative ; and where any town has not a sufficient 

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

how many years within the ten years, such town may elect 

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

years, thereafter, by the governor and council, and the ™fce*i'neve™y * 

number of ratable polls in each decennial census of polls, ^°y«^"- 

shall determine the number of representatives, which each 



40 CONSTITUTION OF THE 

city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 
hy each cit}^ town, or representative district is ascertained 
and determined as aforesaid, the governor shall cause the 
same to be published forthwith for the information of the 
people, and that number shall remain fixed and unalterable 
for the period of ten years. 
^ro^e^onr* ^^^ ^^^ provlslous of the cxisting constitution incon- 

annuiied. sistcnt with the provisions herein contained, are hereby 

wholly annulled.] 
Sbu^t°8^1rbe Art. XIII. [A census of the inhabitants of each city 
Md^di°enn1aiiy ^"^ town, ou the first day of May, shall be taken, and 
thereafter, for rctumcd iuto the Secretary's office, on or before the last 
seutation. day of Juuc, of the year one thousand eight hundred and 

fe'^^Jus'super- " fortv, and of every tenth year thereafter ; which census 
mentil^Art's!"'^' '^li^H determine the apportionment of senators and repre- 
xxi.andxxn. .scntativcs for the term of ten years. 122 Mass. 595. 

ulcrsdeciarld The scvcral senatorial districts now existing shall be 
permanent. permanent. The senate shall consist of forty members ; 

Provisions as to X i • i i i i i /• 

senators super- and lu tiic year one thousand eight hundred and torty, 

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

shall assiffn the number of senators to be chosen in each 

district, according to the number of inhabitants in the 

same. But, in all cases, at least one senator shall be 

assigned to each district. 

^ntofiveVh^w' The members of the house of representatives shall be 

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

Provisions asto^J^.. ii-ii- i 

representatives Containing twclvc huudrcd inhabitants may elect one rep- 
mifen'dme^nts,^ rcsentativc ; and two tliousand four hundred inhabitants 
Art. XXI. .shall be the mean increasing nmiiber, which shall entitle 

it to an additional rei)resentative. 
h™w'repre°*' Evcry towu 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. 
un^ijm^ Any two or more of the several towns may, by consent 

Representative ^f ^ majority of the legal voters present at a legal meet- 
ing, in each of said towns, respectively, called for that 
purpose, and held before the first day of August, in the 
3'ear 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 



COMMONWEALTH OF MASSACHUSETTS. 41 

such district shall have all the rights, in regard to repre- 
sentation, which would belong to a town containing the 
same number of inhabitants. 

The number of inhabitants which shall entitle a town Basis of 

. 1 . J. J.' 1 j_i • • representation, 

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

In the year of each decennial census, the governor and JJd c^o^iTncilto 
council shall, before the first day of September, apportion a^,P°^er°of^^'' 
the number of representatives which each city, town, and representatives 

• . %j ' ^ qJ 9jicli town 

representative district is entitled to elect, and ascertain once in every 
how many years, within ten years, any town may elect a ^"^®'*'^®" 
representative, which is not entitled to elect one every 
year ; and the governor shall cause the same to be pub- 
lished forthwith. 

Nine councillors shall be annually chosen ti'om among councillors to 
the people at large, on the first Wednesday of January, the^^peopie at*"' 
or as soon thereafter as may be, by the joint ballot of the Proviei 



rovisions as to 



senators and representatives, assembled in one room, who g°"ersededb 
shall, as soon as may be, in like manner, fill up any vacan- amendments, 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who Qualifications 
has not been an inhabitant of this commonwealth for the ° ''°™" 
term of five 3^ears immediateh^ 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 quaimciuon'for 
be required as a qualification for holdino^ a seat in either a seat in general 

^ ^ . , ~ . ., 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 commonwealth, whose election is provided piu^myof^^^ 
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 Tuesdav next after the first Monday in ^**'^^^' 
November, annually ; but in case of a failure to elect rep- 



42 CONSTITUTION OF THE 

resentativcs on that da}-, a second meeting shall be holden, 
for that purpose, on the fourth Monday of the same month 
of November. 
KobeThoBen ^^^' ^^I' Eight councillors shall be annually chosen 
i22*Ma?6*'?95^' "^^^ ^^^ inhabitants of this commonwealth, qualified to vote 
598. ■ ' for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislatm-e, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
di^tiicfBtete" thereaftervvards, shall divide the commonwealth into eight 
districts of contiguous territory, each containing a number 
of inhabitants as nearly equal as practicable, without divid- 
ing any town or Avard of a city, and each entitled to elect 
one councillor : provided, however, 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 time, established by the legis- 
difSed.'*^ 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- 
^eTof'deafon tit>n. Tlic 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 [Whenever there shall be a failure to elect the full num- 
^sionTs t^" ^^^ ^^ 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 j^g after such vacaucics shall have happened.] And that 

the government. ' i i • i • • /• i 

there may be no delay in the organization of the govern- 
ment on the first Wednesday of January, the governor, 
with at least five councillors for the time being, shall, as 
soon as may be, examine the returned copies of the records 
for the election of governor, lieutenant-governor, and coun- 
cillors ; and ten days before the said first Wednesday in 
January he shall issue his summons to such persons as 
appear to be chosen, to attend on that day to be qualified 
accordingly ; and the secretary shall lay the returns before 
the senate and house of representatives on the said first 
Wednesday in January, to be by them examined ; and in 
case of the election of either of said officers, the choice 



COMMONWEALTH OF MASSACHUSETTS. 43 

shall be by them declared and published ; but in case there 
shall be no election of either of said officers, 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-geneml, shall be chosen urerfaudltorf^" 
annually, on the day in November prescribed for the genefa^by^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 declai-ation of the election , shall be such as are required 
in the election of governor. In case of a failure to elect vacancies, how 
either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third Wednesday in January next thereafter, from 
the two persons who had the highest number of votes for 
said offices on the day in November aforesaid, by joint 
ballot of the senators and representatives, in one room ; 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become va- 
cant, from any cause, diu-ing an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the To qualify 
offices aforesaid, shall neglect, for the space of ten days ^therw[f°oflfce 
after he could otherwise enter upon his duties, to qualify yac'Tnt^^™^'' 
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- "'i"'"''^- 
tant of this commonwealth five years next preceding his 
election or appointment. 

Art. XVIII. All moneys raised by taxation in the school moneys 
towns and cities for the support of public schools, and puld^fo? eec'ta- 
all moneys which may be appropriated by the state for Fo?orig°ni*i' 
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 Allen, 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.l. 
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 taken, 
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 district-attorneys 
shall be chosen b}^ 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, hoiv- 
ever, that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
ph'ing 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 fii\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 fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and si-xty-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 legislatm'e, at its first session after the return of each 
enumeration as aforesaid, to the several counties of the 
commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained 
hy the next preceding special enumeration ; and the town 
of Cohasset, in the county of Norfolk, shall, for this pur- 



COMMONWEALTH OF MASSACHUSETTS. 45 

pose, as well as in the formation of districts, as hereinafter 
provided, be considered a part of the county of Plymouth ; 
and it shall be the duty of the secretary of the common- secretary shaii 
wealth, to certify, as soon as ma}^ be after it is determined cers' authorized 
b}^ the legislature, the number of representatives to which counties^ 
each county shall be entitled, to the board authorized to 
divide each county into representative districts. The 
mayor and aldermen of the city of Boston, the county 
commissioners of other counties than Suffolk, — or in lieu 
of the maj^or and aldermen of the city of Boston, or of the 
county commissioners in each county other than Suffolk, 
such board of special commissioners in each county, to 
be elected by the people of the county, or of the towns 
therein, as may for that 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 firrtTueeday 
a shire town of their respective counties, and proceed, as Pr^efduigs. 
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 Quaiificationsof 
his election, shall have been an inhabitant of the district i22Mrs8!'595f^ 
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- de™ribe^dand 
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.'xxxin. 
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. XXH. A census of the legal voters of each city Census, etc. 
and town, on the first day of May, shall be taken and 



46 



COXSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to con- 
eist 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 
senate. 



returned into the office of the secretary of the common- 
"vvealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special 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 e({ual number of legal voters, ac- 
cording to the enumeration aforesaid : provided, hou'ever, 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as msiy 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 3'ears at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from day to day, and compel the attendance of 
absent members.] 

Art. XXIII. [No person of foreign 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 natui-alization, and shall 
be otherwise qualified, according to the constitution and 
laws of this commonAvealth : jirovided, that this amend- 
ment shall not aftect the rights which any person of foreign 
birth' possessed at the time of the adoption thereof; and, 
provided, further, that it shall not aifect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

Art. XXIV. Any vacancy in the senate shall be filled 
by election by the people of the unrepresented district, 
upon the order of a majority of the senators elected. 



COMMONWEALTH OF MASSACHUSETTS. 47 

Art. XXV. In ca-se of a vacancy in the council, from vacancies in the 
a failui"e of election, or other cause, the senate and house 
of representatives shall, by concurrent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occurs, to fill that office. If such vacancy shall 
happen when the legislature is not in session, the governor, 
with the advice and consent of the council, may fill the same 
by appointment of some eligible person. 

Art. XXVI. The twenty-third article of the articles Twenty third 
■of amendment of the constitution of this commonwealth, amendments 
which is as follows, to wit: " No person of foreign birth a"""i''^<i- 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his natm'alization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : provided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, further, that it shall not affect the rights of any 
ehild of a citizen of the United States, born during the tem- 
porary absence of the parent therefrom," is hereby wholly 
annulled. 

Art. XXVII. So much of article two of chapter six Provisions of 
of the constitution of this commonwealth as relates to per- vi.,' relating to 
sons holding the office of president, professor, or instructor vSd'ooiilIlt'^ 
of Harvard College, is hereby annulled. annulled. 

Art. XXVIII. No person havino; served in the armv superseded by 

n 1 TT • 1 o • • i» T 1 • ' Art. XXXI. 

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

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

Art. XXX. No person, otherwise qualified to vote in voters not dis- 
elections for governor, lieutenant-governor, senators, and r^a^son^of ^ 
representatives, shall, by reason of a change of residence dencruutirsTx 
within the commonwealth, be disqualified from voting for ^^^\l^l^^^ 
said officers in the city or town from which he has removed 



48 



CONSTITUTION OF THE 



Amendments, 
Art. XXVIII. 
amended. 



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



Provisions of 
amendments, 
Art. III., rela- 
tive to payment 
of a tax as a 
voting qualifica- 
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 
j^roperty quali- 
hcation 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 
from 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 fi'om any city or town, — and also by striking 
out in said fourth line the words " if a pauper", so that 
the article as amended shall read as follows : Article 
XXVIII. No person having served in the army or navy 
of the United States in tune of war, and having been hon- 
orably discharged from such service, if otherwise qualified 
to vote, shall be discjualified 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 vnth 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 
ti-avelling 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 MASSACHUSETTS. 49 

ment of the house, and does not depart without leave", 
is hereby annulled. 

Art. XXXVI. So much of article nineteen of the 
articles of amendment to the constitution of the common- 
wealth as is contained in the following words : " commis- 
sioners of insolvency", is hereby annulled. 



The constitution of Massachusetts was agreed upon by delegates 
of the people, in convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to the 
second day of March, 1780, when the convention adjourned to meet 
on the first Wednesday of the ensuing June. In the mean time the 
constitvition was submitted to the people, to be adopted by them, 
provided two-thirds of the votes given should be in the atfirmative. 
When the convention assembled, it was foimd 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 piirpose, save only for that of making elec- 
tions, agreeable to this resolution." The first legislature assembled 
at Boston, on the twenty-fifth day of October, 1780. 

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

The tenth Article was adopted by the legislatures of the political 
years 1829-30 and 1830-31, respectively, and was approved and 
ratified by the people May 11, 1831. 

The eleventh Article was adopted by the legislatures of the politi- 
cal years 1832 and 1833, respectively, and was approved and ratified 
by the j^eople November 11, 1833. 

The twelfth Article was adopted by the legislatures of the political 
3-ears 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 Avere adopted by the legislatures of the political 
years 1854 and 1855, respectively, and ratified by the people the 
twenty-third day of May, 1855. 

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



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 
people on the seventh day of May, 1860. 

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

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

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

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

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

The thirty-second and thirty -third Articles were adopted by the 
legislatures of the political years 1890 and 1891, and were approved 
and ratified by the people on tlie third day of November, 1891. 

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

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

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



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

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



INDEX TO THE CONSTITUTION. 



A. 

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

removed by governor with consent of council upon, . 26 

Adjutant-genei'al, appointed by the governor, .... 22 
Adjutants, to be appointed by commanding officers of regiments, . 22 
Affirmations, instead of the required oaths, may be made by 

Quakers, 30,31,36 

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 proposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if approved 
by them by a majority vote, becomes a part of the con- 
stitution, 36,37 

Apportionment of councillors, 24,41,42 

state to be divided into eight districts, ... . . 42 

Apportionment of senators, 13,40,46 

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

districts, 46 

Apportionment of representatives, 16,39,40,44 

to the several counties, made on the basis of legal voters, . 44 
Armies, dangerous to liberty, and not to be maintained 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 people 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 qualitied, 43 
election determined by legislature, ... ... 43 

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



52 INDEX TO THE CONSTITUTION. 



Page 



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

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

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

next preceding election or appointment, .... 43 

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 office 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 office of attorney-general, 43 

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

next preceding election, ....... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 



B. 

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

Bills, money, to originate in the house of representatives, . . 17 
Bills and resolves, to be laid before governor for revisal, . . 10 
to have force of law if signed by governor, .... 10 
if objected to by govei'nor 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 jeas 

and naj^s, 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 jdoIIs, 38 

of inhabitants, 40, 44, 45 

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

every tenth year thereafter, 44, 46 

enumeration of voters to determine the apportionment of 

representatives, ......... 44 



INDEX TO THE CONSTITUTION. 53 

Page 
Cities, may be chartered by the general court, if containino; twelve 
thousand inliabitants and consented to by a majority 
thereof, .......... 34 

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

elected by a plurality of votes, ...... 41 

Clerks of courts, elected by the people of the several counties, . 44 
Clerks of towns, to make records and returns of elections, . . 13 
Colonial laws, not repugnant to the constitution, continued in 

force, . 32 

Commander-in-chief, governor to be, ...... 20 

Commerce, agriculture and the arts, to be encouraged, ... 29 
Commissary-general, appointed and commissioned as fixed by law, 25, 35 
Commission officers, tenure of office to be expressed in commissions, 26 
Commissioners of insolvency, elected by the people of the several 

counties ; annulled, 44, 49 

Commissions, to be in the name of the commonwealth, signed by 
governor, attested by the secretary, and have the great 
seal affixed, ......... 32 

Congress, delegates to, ......... 27 

members of, may not hold certain state offices, ... 36 
Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays ; entered 
upon the journals of both houses, and referred to the next 
general court ; if the next general court agrees to the 
proposition in the same manner and to the same effect, it 
shall be submitted to the people, and, if approved by them 
by a majority vote, becomes a part of the constitution, . 36, 37 
Constitution, provisions for revising, ...... 33, 36 

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

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

Coroners, ............ 21 

Corruption or bribery used in procuring any appointment or elec- 
tion, to disqualify from holding any office of trust, etc., . 32 
Council, five members to constitute a quorum, .... 24 

eight councillors to be elected annually, 24, 42 

election to be determined by rule required in that of gov- 
ernor, .42 

to take oath of office before the jjresident of the senate in 

presence of both houses of assembly, .... 29 

to rank next after the lieutenant-governor, .... 25 
resolutions and advice to be recorded in a register, and signed 

by the members present, 25 

register of council may be called for by either house, . . 25 
to exercise the power of governor when office of governor 

and lieutenant-governor is vacant, ..... 25 



54 



INDEX TO TPIE CONSTITUTION. 



Council, no property qualification required, 

eight districts to be formed, each composed of five contiguous 
senatorial districts, ........ 

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

term of office, 

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, .......... 

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

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

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

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

Courts, probate, provisions for holding, 

registers elected by the jjeople of the several counties, . 
Courts and judicatories may be established by the general court, 

may administer oaths or attirmations, .... 
Crimes and offences, prosecutions for, regulated. 
Crimes to be proved in the vicinity of where they happen, . 



Page 
41 

42 

42 
37 



47 
36 



9,23 
36 



26 
44 
26 
44 
11 
11 
7 
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 jutlicial, to be kept separate, 9 

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

senatorial districts, 42 

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

several counties, ........ 39,45 

Divorce, alimony, etc., . 27 

E. 

Educational interests to be cherished, 29 

Elections ought to be free, 6 

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



INDEX TO THE CONSTITUTION. 55 

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

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

on fourth Monday in Xoveraber, ..... 41, 42 

Election returns, 13,42 

Enacting st^le 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 jjowers, 9 

-ffx^ws^ /«c<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 required as qualification for seat in the 

general court or council, ....... 41 

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

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

G. 

General court, to assemble 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 ofiicers, and 

prescribe their duties, .11 

may impose taxes, etc., to be used for the jjublic 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. 



Page 
General court, judicial ofticers may be removed upon address of, . 26 
person convicted of Ijribery, not to hold seat in, . . . 32 
may increase property qualifications of persons to be elected 

to office, 32 

certain officers not to have seats in, 31 

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

houses disagree, etc., 20 

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

empowered to charter cities, • . 34 

to determine election of governor, lieutenant-governor and 

councillors, 41,42 

to prescribe by law lor election of sheriffs, registers of pro- 
bate and commissioners of insolvency by the people of 
the counties, and district attorneys by the people of the 

districts, 44 

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

Government, objects of, . . . . . . . . . 3, 5, 6 

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

state, 5 

Governor, the supreme executive magistrate, styled, — The Gov- 
ernor of the Commonwealth of Massachusetts ; with the 
title of, — His Excellency ; elected annually, ... 18 

qualifications, 18,36,48 

term of office, 37 

should have an honorable stated salary, 23 

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

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

to appoint the adjutant-general, 22 

may call together the councillors at any time, .... 19 

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

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

to sign all commissions, 32 

election determined by the legislature, 42, 43 

veto power, 10 

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

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

Tvith advice of council, may adjourn or prorogue the legislat- 
ure upon request, and convene the same, .... 19 
may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper prevailing, 19 

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



INDEX TO THE CONSTITUTION. 57 

Page 
Governor, to appoint officers of the continental army, ... 22 
may pardon otiences, but not before conviction, ... 21 
may fill vacancy in council occurring when legislature is not 

in session, . .47 

with consent of council, may remove judicial officers, upon 

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

quorum to consist of governor and at least five members of 

the council, 19 

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



H. 

Habeas corpus, privilege of writ to be enjoyed in the most ample 
manner, and not to be suspended by legislature except 
upon most urgent occasions, ...... 32 

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

board of overseers established, but the government of the 

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

officers may be elected members of the general court, . . 47 
Hereditary otHces and privileges, absurd and unnatural, . .5,6 
House of representatives, members may be instructed by the people, 8 

a representation of the peojjle annually elected and founded 

upon the principle of equality, ...... 16 

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

the government ; provision annulled, .... 1(5,48 

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 with amendments, ....... 17 

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

quorum of, . . . . . . . .17,45,48 

to choose officers, establish its rules, etc., ..... 17 

may punish by imprisonment, not exceeding thirty days, per- 
sons guilty of disrespect, etc. ; trial may be by committee, 17, 18 



58 INDEX TO THE CONSTITUTION. 

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

may require the attendance of secretary of the commonwealth 

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

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

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

first Monday of Xovember, ...... 41 

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

Monday of November, 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 



Impeachments, by the house of representatives, to be tried by the 
senate ; limitation of sentence ; party convicted liable to 
indictment, . . . . . . . . lo, 16 

Incompatible ollices, ......... 31,36 

'■ Inhabitant," the word defined, 13 

Inhabitants, census to be taken in I860, and every tenth year there- 
after, 38,40,44,45 

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

counties ; annulled, 44, 49 

Instruction of representatives, ........ 8 

J. 

Judges of courts may not hold certain other offices, . . . 31,36 
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 either branch of 
legislature, .......... 26 

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

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

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



INDEX TO THE CONSTITUTION. 59 

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

to hold office during good behavior, except when otherwise 

provided by the constitution, 26 

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

of both houses of the legislature, 26 

Jury, trial by, right secured, 7 

Justices of the peace, commissions to expire in seven yeai's I'rom 

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 by authority 

of the legislature, 9 

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

property, .......... 6 

power of suspension or execution of, only in the legislatui-e, . 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 jjowers, 9 

Legislature (see General Court). 

Liberty of the j^ress, 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 jjresident of the council, . 24 
to be acting governor when the chair of the governor is 

vacant, 24 

to take oath of office before president of the senate in ])res- 

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, ... 5 

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

Major-genei-als, 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, subject 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 
by concurrent vote, ....... 

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

if electors refuse to elect, governor Avith advice of council 

may appoint officers, 

officers commissioned to command may be removed as may 

be prescribed by law, 

appointment of staff 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 



21 
21,35 
35 
21 
21 

21 
21 

22 

22,35 
22 
22 
22 

32 
17 

43 
8 
8 



IS". 

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, . 



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

forms of, 29,30,35 

Quakers may affirm, 30, 36 

to be taken by all civil and military officers, .... 35 

Objects of government, 3, 6 

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

Office of trust, person convicted of bribery, etc., not to hold, . . 32 

Office, rotation in, right secured, 6 

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



11 



INDEX TO THE CONSTITUTION. 



61 



Office, no person eligible to, nnless they can read and write, 

Officers, civil, legislati;re may provide for the naming and settling 
of, 

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

Officers, judicial, to hold office during good behavior, except, etc., 
may be removed by governor, with consent of council, upon 
the address of both houses of the legislature, . 

Officers of former government, continued, ..... 

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

Officers and magistrates, accountable to the jjeople. 

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

and judges, 

incompatible, 

Oro:anization of the militia, ...... 



Page 
44 

11 

26 

26 

26 

33 

21 

22,36 

5 



31, 36 
31,32,36 

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 Iree, sover- 
eign and independent state, 6 

have a right to keep and to bear arms for the public defence, 8 
have a right to assemble to consult upon the common good, to 

instruct their representatives, and to petition legislature, 8 

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

Petition, right of, 8 

Plantations, vmincorporated, tax-paying inhabitants may vote for 

councillors and senators, ....... 14 

Plurality of offices, 31 

of votes, election of civil officers by, ..... 41 

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

Polls, ratable, census of, 38 

Preamble to constitution, ......... 3 

Press, liberty of, essential to the security of freedom, ... 8 
Private property taken for public uses, compensation to be made 

for, 6 

Probate courts, provisions for holding, ...... 26 

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

judges may not hold certain other oftices, .... 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. 

Page 
Public boards and certain officers to make quarterly reports to the 

governor, 22 

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

Public notary (see Notary public). 

Public religious worship, right and duty of, .... . 4 

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



Q- 

Quakers, may make affirmation, 30, 36 

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

the legislature, 32 

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

Qualification, 2)roperty, partially abolished. ..... 41 

Qualifications, of a voter, 13,17,34.44,46,47,48 



of governor, 

of lieutenant-governor, 

of councillors, . 

of senators, 

of representatives, 



18, 43, 48 
23, 43, 48 
. 41,43 
15,40,46 
16,41,45 



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

Quartermasters, appointed by commanding officers of regiments, . 22 

Quorum, of council, 19, 24, 42 

of senate, 16,46,48 

of house of representatives, ...... 17,45,48 

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 ei-ection and repair of houses of 

worship, 4, 5, 38 



INDEX TO THE CONSTITUTION. 63 

Page 
Remedies by recoui'se to the law, to be free, complete and pronii)t, 6 

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

Returns of votes, 13,19,42,43 

Revision of constitution provided for in the year 1705, ... 33 
Rights, declaration of, . . 4 



s. 

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

poll tax, 48 

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

governor, .......... 23 

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

if not sufficient, 9,23 

School moneys, not to be appropriated for sectarian schools, . 44 

Seal, great, of the commonwealth to be affixed to all commissions, 32 
Search, seizure and arrest, right of, regulated, .... 7 

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

in November, ......... 25,43 

to hold office for one year from third Wednesday in January 

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

manner of election, etc., same as governor, .... 43 

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

vacancy occurring during session of the legislature, filled by 

joint 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 fails 

to be qualified within ten days, ...... 43 

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

may ajjpoint deputies, for whose conduct he shall be account- 

al^le, 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 COXSTITUTION. 

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 officers and establish rules, 15 

shall try all impeachments, 15, 17 

quorum of, 16,46,48 

may punish for certain oftences ; trial may l)e by committee, . 18 
may require the attendance of the secretary of the common- 
wealth in person or by deputN^ ...... 26 

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

solemn occasions, 26 

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

resolve, at large on records, ...... 10 

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

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

apportionment based upon legal voters, 46 

Sheriffs, elected by the peoi:)le of the several counties, . . .21, 44 
Silver, value of money mentioned in the constitution to be computed 

in silver at six shillings and eight pence 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 amiies, 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 by the gov- 
ernor and council, 26 

not to hold certain other offices, ...... 31,36 

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



INDEX TO THE COXSTITUTIOX. 65 

T. 

Page 
Taxation should be founded on consent, . . . . . .6,8 

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

representatives, 8 

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

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

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

Tenure that all commission officers shall by law have in their 

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

Tests abolished, 36 

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

Title of governor to be, — His Excellency, 18 

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

Town representation in the legislature, 16,39,40 

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

Travelling expenses of members, to general assembly and 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 ijeoj^le an- 
nually in November, 25, 26, 43 

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

next thereafter, and until another is chosen and qualified, 43 
manner of election, etc., same as governor, .... 43 
not eligible, unless ati inhabitant of the state for five years 

next preceding election or appointment, .... 43 
no man eligible more than five years successively, . . . 25, 26 
in faih;re of election by voters, or in case of decease of person 
elected, vacancy to be filled by joint ballot of legislature 
from the two persons having the highest number of votes 

at November election, 43 

vacancy occurring during session of the legislature, filled by 

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

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 

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

governor, except, etc., 22 

Trial by jury, right to, secured, 7 

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



66 INDEX TO THE CONSTITUTION. 

U. 

Page 
University at Cambridge, 27,28,47 



Y. 

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

Vacancy in offices of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

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

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

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

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

election, 43 

occurring during session of legislature, filled by joint ballot 

of legislature from people at large, 43 

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

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

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

neglect or refuse to make election, ..... 21, 22 

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

least, . 12 

Veto power of the governor, ........ 10 

Voters, qualifications of, at elections for governor, lieutenant-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 by law from taxation, but in other 
respects qualified, and who can write their names and 
read the constitution in the English language, . 17, 34, 44 

the basis upon which the apportionment of representatives 

to the several counties is made, ..... 44 

basis of apportionment of senators, ...... 46 

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

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

plurality of, to elect civil officers, 41 

Voting precincts in towns, 47 



INDEX TO THE CONSTITUTION. 67 



Page 
Worship, public, the right and duty of all men, .... 4 
Writ of habeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended by 
legislature, except for a limited time, .... 32 
Writing and reading, necessary qualifications for voting, or hold- 
ing office, 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, ,S2 



Y. 

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



ACTS AND RESOLVES 



MASSACHUSETTS. 



1901. 



I^ The General Court of the year nineteen hundred and one assembled on 
Wednesday, the second day of January. The oaths of office were taken and 
subscribed by Ilis Excellency W. Mlkkay Ckane and His Honor John L. 
Bates on Thursday, the third day of January, in the presence of the two 
Houses assembled in convention. 



ACTS. 



An Act MAiaNG appropriations for the compensation and niirin 1 

TRAVEL OF THE MEMIJERS OF THE GENERAL COURT, 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 
follows : 

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

For the compensation of senators, thirty thousand senators, com. 
seven hundred and fifty dollars. ^'^"^'^ °"' 

For compensation for travel of senators, a sum not Travel, 
exceeding thirty-two hundred dollars. 

For the compensation of rei^resentatives, one hundred Representa- 

T • 1 1 1 111 1 r» I' 1 11 tives, coinpen- 

and eighty thousand seven hundred and hity dollars. eation. 

For compensation for travel of representatives, a sum Travel, 
not exceeding twenty thousand dollars. 

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

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

1 • 1 1 1 11 1 bouse clerks. 

of representatives, three thousand dollars each. 

For the salaries of the assistant clerks of the senate Assistant 
and house of representatives, two thousand dollars each. <''^'"'"'- 

For such additional clerical assistance to the clerks of aJgi'st''",lce. 
the senate and house of representatives as may be nec- 
essary for the i^roper despatch of public business, a sum 
not exceeding three thousand dollars. 

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

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



Acts, 1901. — Chap. 2. 



Doorkeepers. 



Postmaster, 
messengers, etc, 



Senate, 
stationery. 

ITouse, 
stationery. 



Printing and 
binding, senate 
and liouse. 



Manual. 



Sergeant-at- 
arms, sta- 
tionery, etc. 



Senate and 
house, contin- 
gent expenses. 



Expenses of 
committees. 



Witness 
fees, etc. 



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

For the compensation of 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 dol- 
lars. 

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 exceed- 
ing one thousand dollars. 

For contingent expenses of the senate and house of 
representatives, and necessary expenses in and about 
the state house, a sum not exceeding six thousand dol- 
lars. 

For authorized expenses of committees of the present 
general court, to include clerical assistance to committees 
authorized to employ the same, also expenses in connec- 
tion with advertising hearings before committees, a sum 
not exceeding twenty-five thousand dollars. 

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

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

Ajyproved January 14, 1901. 



Chap. 



2 An Act making appropriations for salaries and expenses in 
the executrv^e department of the commonwealth, 

Be it enacted, etc., as follows: 
Appropriations. Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 



Acts, 1901. — Chap. 3. 5 

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

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

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

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

For the salary of the executive secretary, two thou- Executive 

-, ^ '^ ' secretary. 

sand dollars. 

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

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

For contingent expenses of the executive department. Executive 
a sum not exceeding three thousand dollars. expenses. ' 

For postage, printing and stationery for the executive Postage, 
department, a sum not exceeding eight hundred dol- p""*'"^' ^t"- 
lars. 

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

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

For the payment of extraordinary expenses, to be ex- Extraordinary 
pended under the direction of the governor and council, '^^p'^"^^*" 
a 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 t^^***'!*^^- 
direction of the governor, a sum not exceeding five hun- 
dred dollars. 

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

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

Approved January 25, 1901. 

An Act making appropriations for salaries and expenses in m .> 

THE DEPARTMENT OK THE AUDITOR OF THE COMMONWEALTH. -^ 

Be it enacted, etc., as follmvs : 

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 



6 Acts, 1901. — Chap. 4. 

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

Auditor. j>Qp ^Yie salary of the auditor, thirty -five hundred 

dollars. 

First clerk, YoY the Salary of the first clerk in the auditor's de- 

partment, twenty-five hundred dollars. 

Second clerk. YoY the Salary of the second clerk in the auditor's 
department, twenty-two hundred dollars. 

Extra clerks. YoY the Salaries of the extra clerks in the auditor's 

department, forty-five hundred dollars. 

pife"r°ltc! For a stenographer, and for such additional clerical 

assistance as the auditor may find necessary for the 
proper despatch of public business, a sum not exceeding 
three thousand dollars. 

Messenger. YoY the Salary of the messenger in the auditor's de- 

partment, nine hundred dollars. 

Printing expert. YoY tlic compcnsatiou of a State printing expert, a 
sum not exceeding fifteen hundred dollars. 

Expenses. p^^, incidental and contingent expenses in the depart- 

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

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

Ajyproved January 25, 1901. 

CllCll). 4: ^^ -^CT MAKING APmOPRIATIOXS FOR SALARIES AND EXPENSES IN 
THE DEPARTMENT OF THE ATTORNEY-GENERAL OF THE COMMON- 
WEALTH. 

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 jeaY ending on the thirty -first day of 
December, nineteen hundred and one, to wit : — 

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

dollars. 

Assistants, etc. YoY the Compensation of assistants in the office of the 
attorney-general, and for such additional legal assistance 
as he may deem necessary in the discharge of his duties, 
and also for other necessary expenses in his dejmrtment, 
a sum not exceeding thirty-six thousand dollars. 

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

A2y2)roved January 25, 1901. 



Acts, 1901. — Chaps. 5, 6, 7. 



An Act making an appropriation for the Massachusetts niiarv^ n 

SCHOOL FUND. 

Be it enacted, etc. , as follows : 

Section 1. The sum of one hundred thousand dollars Maseachueetts 
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, 1901. 

An Act making appropriations for the compensation and nj^rj^ a 

EXPENSES OF THE BALLOT LAW 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, for the purposes 
specified, for the year ending on the thirty-first day of 
December, nineteen hunch^ed and one, to wit : — 

For the com]iensation of the ])allot law commission, a Baiiotiaw 
sum not exceeding fifteen hundred dollars. commi.Bion. 

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. 

Approved January 25, 1901. 

An Act making an appropriation for the removal of wrecks njir,^) 7 

FROM TIDE WATERS. ^ 

Be it enacted, etc. , as follows : 

Section 1. The sum of five thousand dollars is hereby Removal of ob- 
appropriated, to be paid out of the treasury of the Com- twe waters?"™ 
monwealth from the ordinary revenue, for expenses in 
connection with the removal of wrecks and other obstruc- 
tions from tide waters, as ]irovided for by section nine 
of chapter two hundred and sixty of the acts of the year 
eighteen hundred and eighty-three, during the year end- 
ing on the thirty-first day of December, nineteen hundred 
and one. 

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

Approved January 25, 1901, 



8 Acts, 1901. — Chaps. 8, 9, 10. 



Chaj), 8 ^^ ^^'^ MAKING AN APPROPRIATION FOR THE PAYMENT OF PRE- 
MIUMS ON SECURITIES PURCHASED FOR THE MASSACHUSETTS 
SCHOOL FUND. 

Be it enacted, etc., asfolloivs: 

ISLmTonllT' Section 1, A sum not exceeding twenty-five thou- 
tain securities, g^nd dollars is hereby appropriated, to be paid out of the 
treasury of the Commonwealth from the ordinary rev- 
enue, for the payment by the treasurer and receiver 
general of premiums on securities purchased for the 
Massachusetts School Fund, as provided for by chapter 
three hundred and thirty-five of the acts of the year 
eighteen hundred and ninety. 

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

Approved January 25, 1901. 



Chap. 9 ^^ -'^CT MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES 
OF THE GAS AND ELECTRIC LIGHT COMMISSIONERS. 

Be it enacted, etc. , as follows : 

Appropriatious. 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, nineteen hundred and one, to wit : — 

i^lht^co'LfmTs''^''' For the salaries of the gas and electric light commis- 

Bionere. sioucrs, elcvcn thousand dollars. 

Clerical YoY clcrical assistance to the o^as and electric liffht 

assiBtatice. . o o 

commissioners, a sum not exceeding thirty-five hundred 
dollars. 
Expenses. Yqy statistics, books, Stationery, and for the necessary 

expenses of the gas and electric light commissioners, a 
sum not exceeding three thousand dollars. 

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

Ap>proved January 23, 1901. 

Chap. 10 An Act making appropriations for salaries and expenses in 

THE JLT)ICIAL DEPARTMENT OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

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



Acts, 1901. — Chap. 10. 9 

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



SUPREME JUDICIAL COUKT. 

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

For travelling: expenses of the six associate iustices of A«><pciate 

" ^ " justices, 

the supreme judicial court, three thousand dollars. 

For the salary of the clerk of the supreme judicial ^'^'''■''• 
court, three thousand dollars. 

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

T-i ,r>iiiin ance to clerk. 

judicial court, five hundred dollars. 

For clerical assistance to the iustices of the supreme clerical assist- 

,.., . . !•>_ j^/^iij ance to justices. 

judicial 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 su- Reporter of 
preme judicial court, four thousand dollars; and for clerk 
hire and incidental expenses of said reporter, a sum not 
exceeding two thousand dollars. 

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

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

SUPEKIOK COUKT. 

For the salary and travelling expenses of the chief ^^Pfj^'J^^^^- 
justice of the superior court, seventy-five hundred dollars. 

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

For the salary of the retired justice of the superior Retired justice, 
court, forty-eight hundred and seventy-five dollars. 

COURTS OF PROBATE AND INSOLVENCY. 

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

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



10 



Acts, 1901. — Chap. 10. 



Worcester. 

Essex. 

Norfolk. 

Bristol. 

Plymouth. 

Berkshire. 

Hampden. 

Hampshire. 

Frauklin. 

Barnstable. 

Nantucket. 

Dukes County. 



Acting in 
other counties. 



Register, 
Suffolk. 



Middlesex. 
Essex. 
"Worcester. 
Norfolk. 

Bristol. 

Plymouth. 

Hampshire. 



For the salary of the judge of probate and insolvency 
for the county of "Worcester, forty -five liundred dollars. 

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

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

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

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

For tlie 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 prol)ate and insolvency 
for the county of Barnstable, thirteen hundred dollars. 

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

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

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

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

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

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

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

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

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

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

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



Acts, 1901. — Chap. 10. 11 

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

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

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

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

For the salary of the assistant register of probate and ^rfsuff'oik!®'** 
insolvency for the county of Suffolk, twenty -eight hun- 
dred dollars. 

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

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

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

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

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

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

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

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

For extra clerical assistance to the register of probate clerical aseiBt- 

. , p ^ p r~i rt> 11 ance, huffolK. 

and insolvency tor the county ot Sultolk, a sum not ex- 
ceeding fifty -one hundred dollars. 

For extra clerical assistance to the register of probate Middlesex. 
and insolvency for the county of Middlesex, a sum not 
exceeding four thousand dollars. 



12 



Acts, 1901. — Chap. 10. 



Hampden. 



Essex. 



Bristol. 



■Worcester. 



Plymouth. 



In the several 
counties except 
Hampshire 
and Suffolk. 



Expenses. 



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

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

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

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

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

For extra clerical assistance to the courts of probate 
and insolvency in the several counties of the Common- 
wealth, excepting Hampshire and Suffolk counties, a sum 
not exceeding 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 
BBsUtant. 



Clerk. 



District attor- 
ney, northern 
district. 

Assistant. 



Eastern district, 



Assistant. 



Southeastern 
district. 



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

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

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

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

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

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

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

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



Acts, 1901. — Chaps. 11, 12. 13 

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

For the salary of the assistant district attorney for the AsBistant. 
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 westem 
district, twenty-one hundred dollars. 

For the salary of the district attorney for the north- ^gj'jjj.^®^*^"'" 
western district, thirteen hundred and fifty dollars. 

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

Approved January 25, 1901. 

An Act making an appropriation for the compensation op f^Jj^ij^ ll 

INSPECTORS OF ANIMALS AND PROVISIONS. ^ 

Be it enacted, etc. , as folloivs : 

Section 1. A sum not exceeding fifty -five hundred inspectors of 
dollars is hereby appropriated, to be paid out of the provisions, 
treasury of the Commonwealth from the ordinary rev- 
enue, for the compensation of inspectors of animals and 
provisions during the year ending on the thirty-first day 
of December, nineteen hundred and one. 

Section 2. This act shall take effect upon its passage. 
' Approved January 25, 1901. 



An Act making appropriations for the salaries and expenses /^^^^ i o 

OF the R.ULROAD COMJUSSIONERS. ^ ' 

Be it enacted, etc., as folloivs: 

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

For the salaries of the railroad commissioners, thirteen Railroad 

, Tin commissiouers. 

thousand dollars. 

For the salary of the clerk of the railroad commission- cierk. 
ers, twenty-five hundred dollars. 

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



14 



Acts, 1901. — Chap. 13. 



Accountant. 



Railroad 
inspectors. 

Experts, etc. 



Rent, messen- 
ger, etc. 



Stationery, etc. 



Evidence 
at inquests. 



Reports of 
hearings. 



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

For the salaries and expenses of the steam railroad 
inspectors, a sum not exceeding sixty-six hundred dollars. 

For the compensation of experts or other agents of the 
railroad commissioners, a sum not exceeding four thou- 
sand dollars. 

For rent, care of office, and salary of a messenger for 
the railroad commissioners, a sum not exceeding fifty - 
two hundred dollars. 

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

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

For stenographic reports of hearings, a sum not exceed- 
ing seven hundred and fifty dollars. 

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

Approved January 25, 1901. 



Chap. 13 An Act making appropriations for salaries and expenses in 

THE OFFICE OF THE STATE BOARD OF HEALTH. 

Be it enacted^ etc., asfolloios: 
Appropriations. Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December, nineteen hundred and one, to wit : — 

For the salary of the secretary of the state board of 
health, three thousand dollars. 

For the general work of the state board of health, 
including all necessary travelling expenses, a sum not 
exceeding twenty thousand dollars. 

For salaries and expenses in connection with the in- 
spection of milk, food and drugs, a sum not exceeding 
eleven thousand five hundred dollars. 

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

Approved January 25, 1901. 



State board 
of liealth, 
secretary. 

Expenses. 



Inspection of 
mills, food 
and drugs. 



Acts, 1901. — Chaps. 14, 15, 16. 15 

An Act making an appropriation for the Massachusetts Hl^fijx 14 

SCHOOL FOR the FEEBLE-MINDED. ^ 

Be it enacted, etc., as follows: 

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

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

Approved January 25, 1901. 

An Act making appropriations for the salaries and expenses rijjf^,^^ 1 n 
OF the commissioners of savings banks. ^ ' 

Be it enacted, etc., asfolloios: 

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

For the salary of the chairman of the commissioners commissioners 
of savings banks, thirty-five hundred dollars. ilnksl"^'^ 

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

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

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

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

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

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

Approved January 25, 1901. 

An Act making appropriations for salaries and expenses in /^/i^.j '[P. 
the department of the tax commissioner. ^ 

Be it enacted, etc., asfoUoivs: 

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



16 



Acts, 1901. — Chap. 17. 



Tax com- 
miBsioner. 

Deputy, 
First clerk. 
Second clerk. 



Clerical 
aBsiBtance. 



Travelling 
expenses. 



Expenses. 



State valuation. 



monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty -first day of 
December, nineteen hundred and one, to wit : — 

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

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

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

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

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

For travelling expenses of the tax commissioner and 
his deputy, a sum not exceeding one thousand dol- 
lars. 

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

For expenses of the state valuation, under the direction 
of the tax commissioner, a sum not exceeding three thou- 
sand dollars. 

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

Approved January 25, 1901. 



ChClV 17 ^^ ^^'^ MAKING APPRO PRIAXrONS FOR SALARIES AND EXPENSES IN 
THE DEPARTMENT OF THE SECRETARY OP THE COMMONWEALTH. 

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, nineteen hundred and one, to wit : — 

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

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

For the salary of the second clerk in the secretary's 
department, twenty-two hundred dollars. 

For the salary of the chief of the archives division in 
the secretary's department, tAvo thousand dollars. 



Secretary of the 
Commonwealth. 



First clerk. 



Second clerk. 



Chief of ar- 
chives division. 



Acts, 1901. — Ciiap. 18. 17 

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

For messengers and such additional clerical assistance Extra clerks 
as the secretary may nnd necessar}^ a sum not exceedmg 
twenty-four thousand dollars. 

For incidental and contingent expenses in the secre- Espeuees. 
tary's department, a sum not exceeding thirty-five hun- 
dred dollars. 

For the arrano-ement and preservation of state records Arrangement of 

rccorus etc 

and papers, a sum not exceeding five thousand dollars. 

For postage and expressage on documents to members Postage, etc 
of the general court, and for transportation of documents 
to free public lil)raries, a sum not exceeding twenty-nine 
hundred dollars. 

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

For furnishing cities and towns with ballot boxes, Baiiot boxes, 
and for repairs to the same, a sum not exceeding three 
thousand dollars. 

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

Approved Jamiary 25., 1901. 

Ax Act making appropriations for salaries and expenses in nhnij X8 

THE STATE LIBRARV. 

Be it enacted^ etc., as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropriatious. 
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, nineteen hundred and one, to wit : — 

For the salar}/- of the state librarian, three thousand state iihrarian, 
dollars. 

For the purchase of books for the state library, sixty- Purchase 

c u 1 1 1 11 J-> J of books. 

five hundred dollars. 

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

For preparing an index to current events and such jg^tgygu^g""" 
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. 



18 Acts, 1931. — Chaps. 19, 20, 21. 

Expenses. YoY 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 effect upon its passage. 

Approved January 23, 1901. 

OhCfp. 19 ^^N Act making an APPKOrHIATION for the WORCESTER POLY- 
TECHNIC INSTITUTE. 

. Be it enacted, etc., as follows: 

i\!htl-hiL Section 1. The sum of six thousand dollars is hereby 

lustitute. 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 
hundred and fifty-seven of the acts of the year eighteen 
hundred and ninety-nine. 

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

Approved January 30, 1901. 

Chap. 20 An Act making an appropriation for the Massachusetts 

INSTITUTE of TECHNOLOGY. 

Be it enacted, etc., asfolloivs: 

KuTte^o?"' Section 1. The sum of twenty-nine thousand dollars 
Technology. jg 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 30, 1901. 

CJiCfl). 21 An Act making appropriations for the salary and expenses 

of the state pension agent. 

Be it enacted, etc., as follows: 

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

state pension ^ov the Salary of the state pension agent, two thou- 

sand dollars. 

Spp'^ptl**^^^*" ^^^^ clerical assistance, travelling and other necessary 
expenses of the state pension agent, a sum not exceeding 
four thousand seven hundred dollars. 

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

Approved January 30, 1901. 



ance, etc. 



Acts, 1901. — Chap. 22. 19 



An Act making appropriations for printing and binding pub- Q^mj)^ 22 

Lie documents, for PUi;CnASIN(i paper, and for PUIiLISIIING 
LAWS AND matters RELATING TO ELECTIONS. 

Be it enacted, etc., as foUotvs: 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be ])aid out of tlie treasury of tlie Com- 
monwealth from the ordinary revenue, for the purposes 
specilied, for the year ending on tlie thirty-first day of 
December, nineteen hundretl and one, to wit : — 

For printing and binding the series of public docu- pubiic 
ments, a sum not exceeding sixty-three thousand dollars. '*°'='^™^°^^- 

For printing the. pamplilet edition of the acts and ^d^tion.'tcts 
resolves of the present year, a sum not exceeding four andreeoives. 
thousand dollars. 

For printing and binding the blue book edition of the Biue book. 
acts and resolves of the present year, a sum not exceed- 
ing seven thousand dollars. 

For the newsimper iiublication of the general laws PuMication 

. of laws etc 

and information intended for the public, a sum not ex- 
ceeding five hundred dollars. 

For reports of decisions of the supreme judicial court, ^",!ej^"*u^i. 
a sum not exceeding two thousand dollars. ciai court. 

For the purchase of paper used in the execution of ^f'^paper! 
the contract for the state printing, a sum not exceeding 
thirty-two thousand dollars. 

For assessors' books and blanks, a sum not exceeding Asseseors' 

r,». 1 T Tin books, etc. 

fifteen hundred dollars. 

For registration books and blanks, indexing returns RegiBtration 
and editing registration report, a sum not exceeding five °° ^' ^ *"' 
thousand dollars. 

For printing and distributing ballots, a sum not ex- Printing, 

,. ^, ,,^ 1 1 n etc., ballots. 

ceeding ten thousand dollars. 

For blank forms for tow^n officers, election laws and Blank ^^^ 
instructions on all matters relating to elections, and ex- 
penses of advertising the state ticket, a sum not exceed- 
ing three thousand dollars. 

For furnishing suitable blanks to registrars of voters. Blanks. 
a sum not exceeding five hundred dollars. 

For the purchase of apparatus to be used at polling counting 
places in the canvass and count of votes, a sum not ex- *p^'*" "^' 
ceeding five hundred dollars. 

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

Ajjproved January 30, 1901. 



20 



Acts, 1901. — Chaps. 23, 24. 



Chap. 23 ^N ■'^CT MAKIXG APPROPRIATIONS FOR THE SALARY AND EXPENSES 
OF THE GENERAL SUPERINTENDENT OF PRISONS. 

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, nineteen hun(h-ed and one, to wit : — 

For the sahiry of the general superintendent of prisons, 
thirty-five hundred dollars. 

For clerical assistance to the general superintendent 
of prisons, a sum not exceeding seventeen hundred and 
eighty dollars. 

For travelling expenses of the general superintendent 
of ])risons, a sum not exceeding five hundred dollars. 

For incidental and contingent expenses of the general 
superintendent of prisons, a sum not exceeding seven 
hundred dollars. 

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

Apinoved February 4, 1901. 



Appropriations. 



General super- 
inteiulent of 
pritione. 

Clerical 
asfiititauce. 



Travelling 
expenses. 

Expenses. 



ChCip. 24 -'^^ -^CT MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE OFFICE OF THE STATE BOARD OF INSANITY. 



Appropriations, 



State board 
of insanity. 

Oflicers and 
employees. 



Transportation, 
etc., of state 
paupers . 



Support of 
certain insane 
paupers. 



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, nineteen hundred and one, to wit : — 

For travelling and office expenses of the state board 
of insanity, a sum not exceeding five thousand dollars. 

For the salaries of officers and employees of the state 
board of insanity, a sum not exceeding fourteen thousand 
seven hundred dollars. 

For transportation and medical examination of state 
paupers, under the charge of the state board of insanity, 
eight thousand five hundred dollars. 

For the support of insane paupers boarded out in fam- 
ilies, under the charge of the state board of insanity, 
eight thousand dollars. 

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

Approved February 4, 1901. 



Acts, 1901. — Chaps. 25, 26, 27. 21 



An Act making appropriations for the expenses of the hoard (J]i(nj. 25 

OP FREE PUBLIC LIBRARY COMMISSIONERS. 

Be it enacted, etc., as follows: 

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

To carry out the provisions of the act to promote tlie Freepuwio 
establishment and efficiency of free public libraries, a 
sum not exceeding thirty-five hundred dollars. 

For clerical assistance to and incidental and necessary clerical assist- 

UDC6 etc 

expenses of the board of free public library commission- 
ers, a sum not exceeding five hundred dollars. 

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

Approved February 4, 1901. 



An Act making an appropriation for the Massachusetts Q],(ii^ 26 

STATE firemen's ASSOCIATION. 

Be it enacted, etc., as folloivs: 

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

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

Approved February 4, 1901. 



An Act to incorporate the copley square trust company. f^J^ffy^ O^ 

Be it enacted, etc., as folloivs: 

Section 1. George E. Armstrong, Wallace L. Pierce, copiey square 
William H. Hill, Charles Pfaff, James G. Freeman, Roger i^corporTed^"^ 
N. Allen, Robert J. Edwards, Charles H. Rollins, Walter 
G. Cotton, Robert L. Raymond, Calvin Austin, Spencer 
W. Richardson, Joseph L. Colby, Elmer E. Abercrombie, 
Warren M. Hill, William H. Lincoln, John Howard Lee, 
Ransom B. Fuller and Charles W. Moseley, their asso- 
ciates and successors, are hereby made a corporation 
under the name of the Copley Square Trust Company. 



22 Acts, 1901. — Chaps. 28, 29. 

^fJd^po°6Hand Section 2. Said corporation shall have authority to 
trust company, establish and maintain a safe deposit and trust company 
in that part of the city of Boston lying withiii the terri- 
tory bounded by Clarendon and Beacon streets and Mas- 
sachusetts and Columbus avenues, with all the powers 
and privileges and subject to all the duties, liabilities 
and restrictions set forth in all general laws now or here- 
after in force relating to such corporations. 

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

Approved February 4, 1901. 

CJlOT), 28 ^^ -^CT MAKING AN APPROPRIATION FOR CERTAIN IMPROVEMENTS 

AT THE STATE HOSPITAL, 

Be it enacted^ etc., asfoUotvs: 

aSehoA>i't'ai. Section 1. The sum of twenty- five thousand dollars 
is hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, to be ex- 
pended at the state hospital under the direction of the 
trustees thereof, for the completion of a new ward for 
insane men, as provided for by chapter seventy of the 
resolves of the year nineteen hundred. 

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

Ajyjjroved February 5, 1901. 

CltClV' 29 -^ ^^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE OFFICE OF THE INSURANCE COMMISSIONER. 

Be it enacted, etc., asfolloivs: 
Appropriations. Section 1. Tlic suuis hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December, nineteen hundred and one, to wit : — 

Insurance f'or the salarv of the insurance commissioner, thirty- 

commissioner. 1 ' '' 

five hundred dollars. 

Deputy. YoY the Salary of the deputy insurance commissioner, 

twenty-five hundred dollars. 

Actuary. j^qj, ^j^g Salary of the actuary in the insurance depart- 

ment, two thousand dollars. 

Examiner. YoY the salarv of the examiner in the insurance depart- 

ment, two thousand dollars. 

Chief clerk. YoY the Salary of the chief clerk in the insurance^ 

department, two thousand dollars. 



Acts, 1901. — Chaps. 30, 31. 23 

For the salary of the second clerk in the insurance secoudcierk. 
department, fifteen hundred dollars. 

For the salary of the third clerk in the insurance de- Third cierk, 
partment, twelve hundred dollars. 

For such additional clerks and assistants as the insur- Additional 
ance commissioner may find necessary for the despatch 
of public business, a sum not exceeding twenty-six thou- 
sand and twenty-five dollars. 

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

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

Approved February 5, 1901. 



An Act making an appropriation for operating the south Q/kij)^ 30 
metropolitan system of sewage disposal. 

Be it enacted, etc. , as follows : 

Section 1. A sum not exceeding seventy thousand ^°:|*\\,'"®''"°" . 
five hundred and sixty dollars is hereby appropriated, to ^{^^^''J^i^p 
be paid out of the treasury of the Commonwealth from 
the ordinary revenue, for the cost of maintenance and 
operation of the south metropolitan system of sewage 
disposal, comprising a part of the city of Boston, the 
cities of Quincy, Newton and Waltham, and the towns of 
Brookline, Watertown, Dedham, Hyde Park and Milton. 

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

Ajyproved February 6y 1901. 



An Act making an appropriation for the compensation and (JJicfn, 31 

EXPENSES OF THE PRESIDENTIAL ELECTORS. 

Be it enacted, etc. , as folloios : 

Section 1. The sum of three hundred dollars is hereby Presidential 

PI e ^ ^ electors, cora- 

appropriated, to be paid out oi the treasury oi the Com- pensation, etc. 
monwealth from the ordinary revenue, for the compensa- 
tion and expenses of the electors of president and vice 
president of the United States. 

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

Approved February 6, 1901. 



24 Acts, 1901. — Chaps. 32, 33. 



(JJlCllJ. 32 ^^ ^^'^ MAKING APPROPKIATIONS FOR THE EXPENSES OF THE COM- 
MISSIONERS OF THE MASSACHUSETTS NAUTICAL TRAINING SCHOOL. 

Be it enacted, etc., asfolloius: 

Appropriations. Section 1. The suiTis 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, nineteen hundred and one, to wit : — 

For the current expenses of the Massachusetts nautical 
training school, a sum not exceeding fifty thousand dol- 
lars. 

■Commissioners. ^^^ ^^e uecessary expenses of the commissioners of 
the Massachusetts nautical training school, to include the 
salary of the secretary, clerical services, printing, station- 
ery and other contingent expenses, a sum not exceeding 
five thousand dollars. 

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

Approved February 12, 1901. 



Nautical train 
ing schooL 



Chan. 33 ^^ ^^"^ making appropriations for salaries AND EXPENSES IN 
THE OFFICE OF THE CONTROLLER OF COUNTY ACCOL'NTS. 

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, nineteen hundred and one, to wit : — 

Controller For the Salary of the controller of county accounts, 

acwmifte! twcuty-five hundred dollars. 

First deputy. Yqy the Salary of the first deputy controller of county 

accounts, eighteen hundred dollars. 

Second deputy. YoT the Salary of the second deputy controller of 
county accounts, fifteen hundred dollars. 

Third deputy. YoT the Salary of the third deputy controller of county 
accounts, twelve hundred dollars. 

Expenses. J^or travelling and office expenses of the controller of 

county accounts and his deputies, a sum not exceeding 
twelve hundred dollars. 

Rent of offices. YoY rcut of officcs for the usc of the controller of 
county accounts, a sum not exceeding eight hundred and 
fifty dollars. 

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

Approved February 12, 1901. 



Acts, 1901. — Chaps. 34, 35, 36. 25 



An Act making an appropriation for expenses of the con- njir/jy 34 

SOLIDATION AND ARRANGEMENT OF THE PUBLIC STATUTES. ^ 

Be it enacted^ etc., as follows: 

Section 1. The sum of ten thousand dollars is hereby consolidation 
appropriated, to be paid out of the treasury of the Com- mentouhr 
mon wealth from the ordinary revenue, for expenses of ^^^^^'^ statutee. 
the consolidation and arrangement of the Public Statutes 
of the Commonwealth during the year ending on the 
thirty-first day of December, nineteen hundred and one, 
the same to be in addition to any amount heretofore 
authorized. 

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

Apx)roved February 12, 1901. 

An Act making appropriations for expenses in the office of z^/,^,^ Qft 
the court of land registration. -^ * 

Be it enacted, etc., as folloivs: 

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

For the salary of the judge of land registration, four Judge of land 
thousand five hundred dollars. registration. 

For the salary of the associate judge of land registra- Associate judge. 
tion, four thousand dollars. 

For the salary of the recorder of the court of land Recorder, 
registration, four thousand five hundred dollars. 

For clerical assistance in the office of the court of land *^'^.'''5*i_ 

assistance. 

reg-istration, a sum not exceeding four thousand dollars. 

For sheriffs' Ijills, advertising, surveying, examination Expensee. 
of titles, and for sundry incidental expenses, a sum not 
exceeding ten thousand dollars. 

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

Approved February 12, 1901. 



'^ Cliap, 3G 

:n- -'- 



An Act making appropriations for salaries and expenses in 
the office of the commissioners of prisons, and for su 

DRY reformatory EXPENSES. 

Be it enacted, etc., as foUov:s: 

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



26 



Acts, 1901. — Chap. 37. 



CommiBsioners 
of prisons, 
secretary. 

Clerical 
aasistaDce. 



Agents. 



Travelling 
expenses. 



Expenses. 



Agent for aid- 
ing discharged 
female prison- 
ers, etc. 

Expenses. 



Aiding 
prisoners dis- 
charged from 
reformatory. 
Aiding 
prisoners dis- 
charged from 
state prison. 
Removal of 
prisoners. 



monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December, nineteen hundred and one, to wit : — 

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

For clerical assistance in the office of the commissioners 
of prisons, a sum not exceeding twenty-nine hundred 
dollars. 

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

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

For incidental and contingent expenses of the com- 
missioners of prisons, a sum not exceeding twelve hun- 
dred dollars. 

For the salary of 



the agent for aiding discharged 



a sum not 



exceeding 



one thousand 



female prisoners, 
dollars. 

For 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 one 
thousand dollars. 

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

App7'oved February 12, 1901. 



CllCip. 37 -^ -^CT RELATH'E TO THE APPOINTMENT OF RESIDENT AGENTS OP 
NON-RESIDENT EXECUTORS, ADMINISTRATORS, GUARDIANS, TRUS- 
TEES, AND ASSIGNEES IN INSOLVENCY. 

Be it enacted, etc. , as folloics : 
Appointment of Section 1. Whenever an executor, administrator, 

resident agents ' . ' 

of non-resident guardiau, trustec, or an assignee m msolvencv, appointed 
in but residing out of the Commonwealth, shall in writing 
appoint an agent residing in this Commonwealth, pursu- 
ant to the provisions of section eight of chapter one hun- 
dred and thirty-two of the Public Statutes, and of chapters 
three hundred and thirteen and four hundred and sixty- 



executors, etc. 



Acts, 1901. — Chaps. 38, 39. 27 

two of the acts of the year eighteen hundred and eighty- 
nine, such executor, administrator, guardian, trustee or 
assignee, in addition to the stipulations and agreements 
now required by law, by such writing shall also stipulate 
and agree that in any action founded upon or arising out 
of any of his acts or omissions as such executor, adminis- 
trator, guardian, trustee or assignee, the service of any 
legal process against him in his individual capacity, if 
made on said agent, shall be of the same legal effect 
as if made on himself personally within the Common- 
wealth. 

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

Approved February 12, 1901. 



CJiaj). 38 



An Act making APPROPRrATiONS for deficiencies in appro- 
priations FOR certain expenses AUTHORIZED IN THE YEAR 
NINETEEN HUNDRED. 

Be it enacted, etc., as folloics: 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the payment 
of certain expenses in excess of the appropriations there- 
for in the 3'ear nineteen hundred, to wit : — 

For the care and maintenance of indigent and neg-- care, etc.,of 
lected children, the sum of eight hundred thirty-one dol- uegilcLd " 
lars and eighty-five cents. children. 

For the support and transportation of unsettled pauper support, etc., 
infants of this Commonwealth, the sum of three thousand plupefi^fants. 
eleven dollars and eleven cents. 

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

Approved February 12, 1901. 



Chaj?. 39 



An Act makinCx appropriations for the salary and expenses 

OF the commissioner of PUliUIC RECORDS. 

Be it enacted, etc., as foUoivs: 

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

For the salary of the commissioner of public records, commiBsioner 
twentv-five hundred dollars. records? 



28 



Acts, 1901. — Ghaps. 40, 41. 



Expenses. 



Purchase 
of ink. 



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

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

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

Approved February 12, 1901. 



North Metro- 
politan system 
of sewerage. 



Chan. 40 ^^ ^^^ making an appropriation for operating the north 

METROPOLITAN SYSTEM OF SEWERAGE. 

Be it enacted, etc., a.s folloics: 

Section 1. A sum not exceeding seventy-six thou- 
sand five hundred dollars is hereby appropriated, to be 
paid out of the treasury of the Commonwealth from the 
ordinary revenue, for the maintenance and operation of 
the system of sewage disposal for the cities of Boston, 
Cambridge, Somerville, Maiden, Chelsea, Woburn, Med- 
ford, Melrose and Everett, and the towns of Stoneham, 
Wincliester, Arlington and Belmont, known as the 
North Metropolitan System, during the year ending on 
the thirty-first day of December, nineteen hundred and 
one. 

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

Approved February 12, 1901. 



Chen). 41 -^^^ ^CT MAKING APPROPRIATIONS FOR SUNDRY CHARITABLE EX- 
PENSES. 



Appropriations. 



Be it enacted, etc., as foUoivs: 

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



state board 
of charity. 



Adult poor. 



STATE BOARD OF CHARITY. 

For expenses of the state board of charity, including 
travelling and other necessary expenses of members, and 
salary and expenses in the office of the clerk and auditor 
of said board, a sum not exceeding seventy-three hundred 
dollars. 

For salaries and expenses in the division of state adult 
poor, a sum not exceeding thirty-eight thousand dollars. 



Acts, 1901. — Chap. 41. 29 



For salaries and expenses in the division of state minor Minor wards. 
wards, a sum not exceeding forty-one thousand doHars. 

For travelling and other necessary expenses of the Auxiliary 
auxiliary visitors of the state board of charity, a sum 
not exceeding fourteen hundred dollars. 



MISCELLANEOUS CHARITABLE. 

For transijortation of state i^auiiers, under charge of TranHportation 

i. •ii- P • of state paupers. 

the state board or charity, including return or prisoners 
released on probation from the state farm, a sum not 
exceeding ten thousand tlollars. 

For the support and relief of state paupers in state state insane 
hospitals and asylums for the insane, and for reimburse- p^"p***"^- 
ment of towns, for the present and previous years, a sum 
not exceeding two hundred and ninety-five thousand 
dollars. 

For the care and maintenance of indigent and neg- indigent and 
lected children and juvenile offenders, to include expenses chfidren^etc. 
in connection with the same, a sum not exceeding one 
hundred and sixty thousand dollars. 

For the support of state paupers in the Massachusetts support of 
School for the Feeble-minded and in The Hospital Cot- prupers'.*"'" 
tages for Children, a sum not exceeding twenty-two 
thousand dollars. 

For expenses in connection with smallpox and other Dangerous 
diseases dangerous to the public health, for the present ^'^^^^''*- 
and previous years, a sum not exceeding twenty-five 
thousand dollars. 

For instruction in the public schools in any city or instruction 
town in the Commonwealth, of children boarded or bound chiwr^r 
out by the state board of charity, for the present and 
previous years, a sum not exceeding fourteen thousand 
five hundred dollars. 

For the support of sick state paupers by cities and ^''=y'^^*^*® 
towns, for the present and previous years, the same to 
include cases of wife settlement, a sum not exceeding 
seventy-two thousand dollars. 

For the burial of state paupers by cities and towns, for Bunai of 
the present and previous years, a sum not exceeding nine ^ ^ ^ paupers, 
thousand dollars. 

For temporary aid furnished by cities and towns to state Temporary aid. 
paupers and shipwrecked seamen, for the present and pre- 
vious years, a sum not exceeding thirty thousand dollars. 



30 



Acts, 1901. — Chaps. 42, 43. 



Unsettled 
pauper infants. 



For the support and transportation of unsettled pauper 
infants in this Commonwealth, including infants in infant 
asylums, a sum not exceeding forty thousand dollars. 

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

A]}2)roved February 13, 1901. 



CllCtiy. 42 ^^ ^^'^ RELATIVE TO THE INVESTMENT Bl THE NEW ENGLAND 
TRUST COMPANY OF FUNDS HELD BY IT AS TRUSTEE. 



1877, 239, §2, 
amended. 



Investment of 
trust funds by 
the New Eng- 
land Trust 
Company. 



Provisos. 



When to take 
effect, etc. 



Be it enacted, etc., as foUoivs : 

Section 1. Section two of chapter two hundred and 
thirty-nine of the acts of the year eighteen hundred and 
seventy-seven is hereby amended by striking out the 
word "shall", in the third line, and inserting in place 
thereof the word : — may, — and by inserting after the 
Avord "company", in the fourth line, the words: — or 
hokl and invest the same separately, — so as to read as 
follows : — Section 2. In the management of money 
and property, held by it as trustee under the powers 
conferred in the foregoing section, said corporation may 
invest the same in the general trust fund of the company, 
or hold and invest the same separately : j^^'ovi'ded, that 
it shall be competent for the authority making the ap- 
pointment, to direct, upon the conferring of the same, 
whether such money and property shall be held sepa- 
rately or invested in the general trust fund of the com- 
pany ; and provided, also, that said corporation shall 
always be bound to follow, and be entirely governed by 
all directions contained in any will or instrument under 
which it may act. 

Section 2. This act shall take effect upon its accept- 
ance by said corporation, which acceptance, with the date 
thereof, shall within ten days thereafter be certified by 
the president of the corporation to the secretary of the 
Commonwealth. Approved February 13, 1901. 



ChaV- 43 ^^ ^^^ RELATrV^E TO THE INVESTMENT BY THE BOSTON SAFE DE- 
POSIT AND TRUST COMPANY OF FUNDS HELD BY IT AS TRUSTEE. 



1877, 245, § 3, 
amended. 



Be it enacted, etc., as folloivs: 

Section 1. Section three of chapter two hundred and 
forty-five of the acts of the year eighteen hundred and 
seventy-seven is hereby amended by striking out the 
word "shall", in the third line, and inserting in place 
thereof the word : — may, — and by inserting after the 



Acts, 1901.— CiiArs. 44, 45. 31 

word "company", in the fourth line, tlie words: — or 
hold and invest the same separately, — so as to read as 
follows: — Serf ion 3. In the mana<i'ement of money investment of 

1 , I 1 1 1 • II trust funds l)y 

and property held by it as trustee under the powers con- the Boston safe 

P \ • J^^ ^ • I- •! !_• Deposit and 

lerred m the roregomg section, said corporation may Trust company, 
invest the same in the general trust fund of the company, 
or hold and invest the same separately : provided^ that it Provisos. 
shall be competent for the authority making the appoint- 
ment to direct, upon the conferring of the same, whether 
such money and property shall be held separately or in- 
vested in the general trust fund of the company ; and 
provided, also, that said corporation shall always be bound 
to follow and l>e entirely governed by all directions con- 
tained in any will or instrument under which it may act. 

Section 2. This act shall take effect upon its accept- when to take 

!•! -Ill effect, etc. 

ance by said corporation, which acceptance, with the date 
thereof, shall within ten days thereafter be certified by 
the president of the corporation to the secretary of the 
Commonwealth. Approved February 13, 1901. 

An Act making an appropriation for tayment of the tuition (JJiQaj^ 44 

OK CHILDREN ATTENDING SCHOOL OUTSIDE OF THE TOWN IN 
WHICH THEY RESIDE. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding fourteen thousand ^""c^udre'u*!'^' 
dollars is hereby appropriated, to be paid out of the treas- 
ury of the Commonwealth from the ordinary revenue, 
for the tuition of children of any town in Avhich a high 
school or school of corresponding grade is not maintained, 
who attend a high school outside the town in which they 
reside. 

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

Aj^jjroved February 14, 1901. 

An Act making appropriations for salaries and expenses in (JJiq^j^ 45 
the office of the civil service commissioners, 

Be it enacted, etc., as follows: 

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



32 



Acts, 1901. — Chaps. 46, 47. 



Civil service 
commisBion. 



Chief examiner. 



Secretary. 



Registrar 
of labor. 



Expenses. 



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 office, printing, trav- 
elling and incidental expenses of the commissioners, chief 
examiner and secretary, advertising and stationery, a 
sum not exceeding fifteen thousand hve hundred dollars. 

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

Approved February 14, 1901. 



Chap. 4G Ax Act making appropkiations for salaries and expenses 

THE STATE PRISON. 



Appropriations- 



State prison. 



Expenses. 



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, nineteen hundred and one, to wit : — 

For the payment of salaries at the state prison, a sum 
not exceeding eighty-two thousand two hundred dollars. 

For other current expenses at the state prison, a sum 
not exceeding eighty-one thousand three hundred and 
fifty dollars. 

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

Approved February 14, 1901. 



Chap. 47 An Act making appropriations for the payment of state and 

MILITARY AID AND EXPENSES IN CONNECTION THEREWITH. 

Be it enacted, etc., as folloivs: 

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, nineteen hundred and one, to wit : — 

muitarv4id. ^^^ reimbursement to cities and towns for money paid 

on account of state and military aid to Massachusetts 
volunteers and their families, a sum not exceeding seven 



Acts, 1901. — Chaps. 48, 49. 33 

hundred and fifty-one thousand five hundred dollars, 
the same to be paid on or before the first day of Decem- 
ber in the year nineteen hundred and one. 

For the salary of the commissioner of state aid ap- commiBsioner 
pointed by the governor and council, twenty-five hundred ''^ **^'^ '''^• 
dollars. 

For clerical assistance, salaries and expenses of agents, ciericni assist- 
and other expenses of the commissioners of state aid, a *"''®' *^'^'=- 
sum not exceeding nine thousand two hundred dollars. 

For postage, printing and other necessary expenses in ExpeuBes. 
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. 

A}yproved February 14, 1901. 

An Act making appropriations for the salaries and expenses (JJko)^ 48 
of the harbor and land commissioners. 

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

For the salaries of the harbor and land commissioners. Harbor and land 

. , , , 1 1 1 n commiBsionerB. 

eighty-seven hundred dollars. 

For compensation and expenses of the engineer, and ^nce^etc"^^**" 
for clerical and other assistance authorized by the harbor 
and land commissioners, a sum not exceeding fifteen 
thousand dollars. 

For travelling and other necessary expenses of the har- Travelling 

, 1 1 1 • • r T expenses, etc. 

bor and land commissioners, a sum not exceeding seven 
hundred and fifty dollars. 

For incidental and contingent office expenses of the office espenees. 
harbor and land commissioners, a sum not exceeding 
twelve hundred dollars. 

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

Approved February 14, 1901. 

An Act making appropriations for salaries and expenses in (J])xip^ 49 

THE department OF THE TREASURER AND RECEIVER GENERAL. 

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- 



34 



Acts, 1901. — Chap. 49. 



Treasurer. 
First clerk. 
Secoud clerk. 
Cashier. 
Third clerk. 
Fund clerk. 
Receiving teller. 
Paying teller. 



Assistant 
bookkeeper. 



Clerical 
assistance. 



Messenger. 
Expenses. 



Clerical 
assistance. 



Legacy 
tax clerk. 



Tax on 
collateral 
legacies, etc. 



Deputy sealer 
of weights, etc. 



monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December, nineteen hundred and one, to wit : — 

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

For the salary of the first clerk in the treasurer's de- 
partment, twenty-five hundred dollars. 

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

For the salary of the cashier in the treasurer's depart- 
ment, two thousand dollars. 

For the salary of the third clerk in the treasurer's 
department, fourteen hundred dollars. 

For the salary of the fund clerk in the treasurer's 
department, fourteen hundred dollars. 

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

For the salary of the paying teller in the treasurer's 
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 pub- 
lic business, a sum not exceeding forty-five hundred 
dollars. 

For the salary of the messenger in the treasurer's 
department, nine hundred dollars. 

For incidental and contingent expenses in the treas- 
urer's department, a sum not exceeding sixty-five hun- 
dred dollars. 

For clerical assistance in the treasurer's department, 
in the care and custody of deposits made with him in 
trust, a sum not exceeding eighteen hundred dollars. 

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

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

For the salary of the deputy sealer of weights, meas- 
ures and balances, twelve hundred dollars. 

For travelling and other expenses of the deputy sealer 
of weights, measures and balances, a sum not exceeding 
five hundred dollars ; and for furnishing sets of standard 



Acts, 1901.— Chaps. 50, 51. 35 

weights, measures and balances to towns not heretofore 
provided therewith, and to each newly incorporated 
town, also to provide cities and towns with such parts 
of said sets as may be necessary to make their sets com- 
plete, a sum not exceeding six hundred dollars. 

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

Approved February 14, 1001. 

An Act making appkopkiations for the expense of enfokcing /^7,^,,, nC) 

THE LAAV TO REGULATE THE PRACTICE OF PHARMACY. -^ 

Be it enacted, etc. , as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropnatioua. 
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, nineteen hundred and one, to wit : — 

For expenses in connection with carrying out the law complaints 
relative to complaints against registered pharmacists, a ?ered phaf.""' 
sum not exceeding two thousand dollars. macists. 

For services and expenses of the board of registration services and 
in pharmacy, salary and expenses of an agent, stenog- boarro7r°egi8- 
rapher, postage, printing and incidental expenses, a sum pharmacy. 
not exceeding forty-five hundred dollars. 

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

Approved February 14, 1901. 



Chap, 51 



An Act making appropriations for salaries and expenses at 
the massachusetts reformatory. 

Be it enacted, etc., as follows: 

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

For the salaries of officers at the Massachusetts reform- Massachusetts 
atory, a sum not exceeding eighty-two thousand dollars, feformatory. 

For salaries and wages of instructors, teachers and instnictors, 
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. 

Approved February 14, 1901, 



36 



Acts, 1901. — Chaps. 52, 53. 



ChctV. 52 -^^ -^^"^ MAKING APPROPRIATIONS FOR THE EXPERIMENT STATION 
AT THE MASSACHUSETTS AGRICULTURAL COLLEGE. 

Be it enacted, etc. , as foUoivs : 
Appropriations. SpxTioN 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, nineteen hundred and one, to wit ; — 

For maintaining an agricultural experiment station at 
the Massachusetts Ao:ricultural CoUeo'e, the sum of ten 
thousand dollars. 

For defraying the expense of collecting and analyzing 
samples of concentrated commercial feed stuffs, as pro- 
vided for by chapter one hundred and seventeen of the 
acts of the year eighteen hundred and ninety-seven, the 
sum of twelve hundred dollars. 

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

Approved February 14, 1901. 



Agricultural 

experiment 

station. 



Collecting, etc., 
Bamples of 
concentrated 
commercial 
feed stuff B. 



CllCtp. 53 ^^ -A^CT MAKING APPROPRIATIONS FOR THE MASSACHUSETTS AGRI- 
CULTURAL COLLEGE. 



Appropriations, 



Agricultural 

college, 
scholarships. 



Labor fund, etc. 



Inetfuction. 



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, nineteen hundred and one, to wit : — 

For the Massachusetts Agricultural College, for the 
purpose 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 follo^^ang 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 the Massachusetts Agricultural College, for the 
purpose of providing the instruction called for by its 
charter and by the law of the United States relating to 
the college, the sum of eight thousand dollars. 



Acts, 1901. — Chaps. 51, 5ry. 37 

For travelling and other necessary expenses of the ^^''P^^^j^^g 
trustees of the Massachusetts Agricultural College, a sum 
not exceeding five hundred dollars. 

For a maintenance fund for the veterinary laboratory j^^*^*/jj"J'/>' 
at the Massachusetts Agricultural College, the sum of one 
thousand dollars. 

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

Approved February 14, 1901. 

An Act relative to the board of railroad commissioners. QJiap. 54 
Be it enacted, etc., as follows: 

Section 1. The board of railroad commissioners is Railroad com- 
hereby authorized to expend a sum not exceeding three ^xpenseT.^' 
thousand dollars annually in procuring necessary books, 
maps, statistics and stationery, and in defraying expenses 
incidental and necessary to the discharge of its duties. 
A statement of such expenditures shall accompany its 
annual report. 

Section 2. So much of section ten of chapter one hun- Repeal. 
dred and twelve of the Public Statutes as is inconsistent 
with this act, and chapter two hundred of the acts of the 
year eighteen hundred and ninety, are hereby repealed. 

Section 3. The provisions of section twelve of chapter p. s. 112, § 12. 
one hundred and twelve of the Public Statutes shall apply *°*p^' ^• 
to the expenses authorized by this act. 

Section 4. This act shall take effect upon its passage. 

Approved February 14, 1901. 

An Act to authorize the town of reading to make an ad- (^/,^^i^^ 55 
ditional water loan. 

Be it enacted, etc., as follows: 

Section 1. The town of Reading, for the purposes Rf^^diDg 
mentioned in section six of chapter four hundred and five 
of the acts of the year eighteen hundred and eighty-nine, 
and subject to the provisions of said act, may issue bonds, 
notes or scrip, to be denominated on the face thereof, 
Reading AVater Loan, to an amount not exceeding twenty- 
five thousand dollars in addition to the amounts hereto- 
fore authorized by law to be issued by said town for the 
same purposes. 

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

Approved February 14, 1901. 



38 



Acts, 1901. — Chaps. 56, 57, 58. 



CJlClJ)' 56 An Act making an apphopriation for the publication of a 

RECORD OF MASSACHUSETTS SOLDIERS AND SAILORS WHO SERVED 
IN THE WAR OF THE REBELLION. 

Be it enacted, etc., as follows: 

Section 1. The sum of ten thousand dollars is hereby 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for expenses in 
connection with the publication of 'a record of Massachu- 
setts troops and officers, sailors and marines, in the war 
of the rebellion, as authorized by chapter four hundred 
and seventy -five of the acts of the year eighteen hundred 
and ninety-nine. 

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

Approved February 19, 1901. 



Publication of 
record of 
Masgacliusetts 
soldiers and 
BailorB, etc. 



QJldT), 57 ^^ ^^^ "^^ AUTHORIZE THE TOAVN OF ATTLEBOROUGH TO ISSUE 

ADDITIONAL WATER SUPPLY BONDS. 



Attleborough 
Water Supply 
Bonds, 1901. 



When to 
take effect. 



Be il enacted, etc., as folloics: 

Section 1. The town of Attleborough, for the pur- 
poses mentioned in section four of chapter sixty-nine of 
the acts of the year eighteen hundred and ninety-three, 
and for the purpose of paying the necessary expenses and 
liabilities of the water department and the cost of laying 
water pipes, may issue bonds, notes or scrip, to be denom- 
inated on the face thereof, Attleborough Water Supply 
Bonds, 1901, to an amount not exceeding one hundred 
thousand dollars in addition to the amount heretofore 
authorized by law to be issued by said town for the same 
purposes ; said bonds, notes or scrip to be issued upon the 
same terms and conditions and with the same powers as 
are provided in said chapter sixty-nine for the issue of 
the Attleborough water supply bonds by said town. 

Section 2. This act shall take effect upon its accept- 
ance by the town of Attleborough. 

Approved February 19, 1901. 



Chap. 58 A^ Act RELATIVE 



P. S. 114, § 8, 
amended. 



TO THE RAISING AND PRESERVING OF FOREST 
TREES. 

Be it enacted, etc., as folloics: 

Section eight of chapter one hundred and fourteen of 
the Public Statutes is hereby amended by inserting after 



Acts, 1901.— CnAr. 59. 39 

the word "ship", in the kst line, the words: — and 
other, — so as to read as follows : — Section 8. Every Raising, etc., 
such society shall annually offer such premiums and ° 
encouragement for the raising and preserving of oaks 
and other forest trees as to it seems proper and best 
adapted to perpetuate within the Commonwealth an 
adequate supply of ship and other timber. 

Approved February 19, 1001. 

An Act RELAxrv'E to the procuring of fire or bombardment (JJjq'jj^ 59 

INSURANCE IN FOREIGN INSURANCE COMPANIES. 

Be it enacted, etc., as foUoics: 

Section eighty-three of chapter five hundred and gtr'amended 
twenty -two of the acts of the year eighteen hundred and 
ninety-four, as amended by section two of chapter three 
hundred and eighty of the acts of the year eighteen hun- 
dred and ninety-eight, is hereby further amended by 
inserting after the word " affidavit ", in the eleventh line, 
the words : — Avhich shall have force and effect for one 
year only from the date thereof, — and by inserting after 
the word "required ", in the nineteenth line, the words : 
— to file such an affidavit if one covering the same prop- 
erty has been filed within the twelve months next pre- 
ceding, by any broker licensed as authorized by this act, 
nor, — so as to read as follows : — /Section 83. The insur- conditions 

. . . , 1 i i? J p under wliicli 

ance commissioner, upon the annual payment of a tee or unautiionzed 
twenty dollars, may issue licenses to citizens of this Com- fawfimyln"*^ 
mon wealth, sul^ject to revocation at any time, permitting ^"■"^ property. 
the person named therein to procure policies of fire or 
bombardment insurance on property in this Common- 
wealth in foreign insurance companies not authorized to 
transact business in this Commonwealth. Before the 
person named in such a license shall procure any insur- 
ance in such companies on any property in this Common- 
wealth he shall in every case execute and file with the 
insurance commissioner an affidavit, which shall have 
force and effect for one year only from the date thereof, 
that he is unable to procure, in companies admitted to do 
business in the Commonwealth, the amount of insurance 
necessary to protect said property, and shall only procure 
Insurance under such license after he has procured insur- 
ance in companies admitted to do business in this Com- 
monwealth to the full amount which said companies are 



40 



Acts, 1901. — Chap. 60. 



Separate 
account to 
be kept, etc. 



willing to write on said property : provided^ that such 
licensed person shall not be required to file such an 
affidavit if one covering- the same property has been filed 
within the twelve months next preceding, by any broker 
licensed as authorized by this act, nor to offer any portion 
of such insurance to any company which is not possessed 
of cash assets amounting to at least twenty-five thousand 
dollars, or one which has, within the preceding twelve 
months, been in an impaired condition. Each person so 
licensed shall keep a separate account of the business done 
under the license, a certified copy of which account he 
shall forthwith file with the insurance commissioner, 
showing the exact amount of such insurance placed for 
any person, firm or corporation, the gross premium 
charged thereon, the companies in Avhich the same is 
placed, the date of the policies and the term thereof, and 
also a report in the same detail of all such policies can- 
celled, and the gross return premiums thereon, and be- 
fore receiving such license shall execute and deliver to 
the treasurer and receiver general of the Commonwealth 
a bond in the penal sum of two thousand dollars, with 
such sureties as the treasurer and receiver general shall 
approve, with a condition that the licensee will faithfully 
comply with all the requirements of this section, and will 
file with the treasurer and receiver general, in January 
of each year, a sworn statement of the gross premiums 
charged for insurance procured or placed and the gross 
returned premiums on such insurance cancelled under 
such license during the year ending on the thirty-first day 
of December next preceding, and at the time of filing 
such statement will pay into the treasury of the Com- 
monwealth a sum equal to four per cent of such gross 
premiums, less such returned premiums so reported. 

Approved Fehniary 19, 1901. 



ChciD. 60 ^^ ^^^ MAKING APPROPRIATIONS FOR THE SALARIES OF EMPLOVEES, 
AND FOR OTHER NECESSARY EXPENSES IN THE DEP.ARTMENT OF 
THE SERGEANT-AT-ARMS. 

Be it enacted, etc., as follows: 
Appropriatione. Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 



Acts, 1901. — Chap. 60. 41 

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

For the sahiries of the chief engineer and other em- Engineer's 
ployees in the engineer's department, a sum not exceed- ^^^P^'^^ieo*- 
ins: ten thousand two hundred dollars. 

For the salaries of the watchmen and assistant w^atch- Watchmen, etc. 
men at the state house, a sum not exceeding eleven thou- 
sand one hundred dollars. 

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

For the salaries of the elevator men at the state house. Elevator men. 
a sum not exceeding sixty-eight hundred dollars. 

For the salaries of the special messenger and porters at special 

, T , T r> . 1 1 1 messenger, etc. 

the state house, a sum not exceeding five thousand three 
hundred dollars. 

For rent of telephones and expenses in connection Telephones. 
thereAvith at the state house, a sum not exceeding fifty- 
five hundred dollars. 

For fuel and lights at the state house, including coal, ^"^' ^°*^ "shts. 
w^ater, gas, and removal of ashes, a sum not exceeding 
thirty thousand dollars. 

For the care of the state house and grounds, includ- Care of state 
ing repairs, furniture and repairs thereof, and such ex- 
penses as may be necessary at the various buildings now 
occupied by state departments, a sum not exceeding 
twenty-five thousand dollars. 

For new furniture and fixtures, a sum not exceeding Newfumi- 
five thousand dollars. "^' ^ ''' 

For the salaries of the messengers to the sergeant-at- Messengers, etc. 
arms, known as sergeant-at-arms' messengers, including 
an office boy, a sum not exceeding forty-two hundred 
dollars. 

For incidental and contingent expenses of the sergeant- Expenses. 
at-arms, and expense of mailing legislative bulletins, a 
sum not exceeding four hundred dollars. 

For the salary of the stenographer of the sergeant-at- stenographer. 
arms, a sum not exceeding nine hundred dollars. 

For the salary of the state house matron, a sum not Matron. 
exceeding; eic^ht hundred dollars. 

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

Approved February 19, 1901. 



42 



Acts, 1901. — Chaps. 61, 62. 



1895, 215, § 1, 
amended. 



Ghdn. 61 -Ajj Act relative to the jurisdiction of probate courts and 

COURTS OF INSOLVENCY. 

Be it enacted, etc. , as follows : 

Section 1. Section one of chapter two hundred and 
fifteen of the acts of the year eighteen hundred and 
ninety-five is hereby amended by strildng out in the 
third line, the words "such matters", and inserting in 
place thereof the words : — all matters before them, — 
and by adding at the end of said section the words : — 
but the times of all hearings shall be discretionary with 
the judges of such courts, — so as to read as follows : — 
Section 1. For matters in equity, for all hearings, for 
proceedings in contempt, and for making orders and 
decrees in all matters before them, the probate courts 
and the courts of insolvency in each county shall always 
be open except on holidays established by law ; but the 
times of all hearings shall be discretionary with the 
judges of said courts. 

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

Approved February 19, 1901. 



Certain courts 
to be always 
open except on 
holidaj's, etc. 



Chan 62 ^^ ^^^ relative to the boston latin school association. 

Be it enacted, etc., as follows: 
The Boston Section 1. The Bostou Latiu School Association, a 

Latin School . . iii i j?iir-i 

Association corpoi'atiou Organized on the nrst day or May in the year 
c^n^tlt^tion'and eighteen hundred and forty-five, in accordance with the 
adopt by-laws, provisions of chaptcr forty-one of the Revised Statutes, 
may at its annual meeting in the year nineteen hundred 
and one amend its constitution and adopt by-laws ; and 
a quorum for such purposes at said annual meeting or at 
any adjournment thereof shall consist of not less than ten 
members of the corporation. 

Section 2. The annual meeting of the corporation for 
the year nineteen hundred and one shall be held at the 
Boston Latin school building on Warren avenue in the 
city of Boston, on the first day of May, and Thomas 
Tileston Baldwin or Grenville H. Norcross may call such 
annual meeting by publishing notice of the same once a 
week for three successive weeks in two newspapers pub- 
lished in the city of Boston, the last notice to be published 
not less than two days before the date fixed for said meet- 



Quorum. 



Annual meet- 
lug in 1901. 



Acts, 1901. — Chaps. 63, 64, 65. 43 

ing. The notice of the meeting shall state the fact that 
changes in the constitution and a set of by-laws are to be 
submitted to the meeting. 

Approved February 19, 1901. 

An Act making appropkiatioxs for salaries and expenses at njifjr) (JS 

THE reformatory PRISON FOR WOMEN. "' 

Be it enacted, etc., as folloivs: 

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

For salaries, wages and labor at the reformatory prison Reformatory 
for women, a sum not exceeding twenty-five thousand women.°'^ 
dollars. 

For other current expenses at the reformatory prison Expenses. 
for women, a sum not exceeding thirty-two thousand 
dollars. 

For the town of Framingham, toward the annual ex- sewage 
pense of maintaining and operating the system of sewage ^^°^^ ' 
disposal at the reformatory prison for women, the sum 
of six hundred dollars. 

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

Approved February 19, 1901. 



Chcqj, 64 



An Act to authorize the construction of a conwenience 

STATION upon THE COMMON IN THE CITY OF WORCESTER. 

Be it enacted, etc., as folloivs: 

Section 1. The city of Worcester may construct upon a pnbuc 
the common in the centre of said city a building to be BtTtion may 
used as a public convenience station: provided, hotvever, ^e constructed. 
that such building shall not occupy an area of more than 
two thousand square feet upon the ground. 

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

Approved February 19, 1901. 

An Act making appropriations for slts^dry agricultural Qliaj^ H-X 

EXPENSES. ^ ' 

Be it enacted, etc., as folloivs: 

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



44 



Acts, 1901. — Chap. 65. 



Board of 
agriculture, 
secretary, etc. 



First clerk. 



Second clerk. 



Clerical 
assiBtance. 



Travelling 
expenses, etc. 



Incidental 
expenses, etc. 



Espenaes of 
secretary. 



Farmers' 
Institutes. 



Bounties. 



Agent of 
dairy bureau. 

Experts, 
chemiste, etc. 



Preservation 
of trees. 



monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December, nineteen hundred and one, 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 office of the secre- 
tary of the state board of agriculture, and for lectures 
before the board at its annual and other meetings, a sum 
not exceeding eight hundred dollars. 

For travelling and other necessary expenses of the 
members of the state board of agriculture, a sum not 
exceeding fifteen 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 sec- 
retary of the state board of agriculture, a sum not exceed- 
ing 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 eig-ht hundred dollars. 

For the salary of the general agent of the dairy bu- 
reau, twelve hundred dollars. 

For assistants, experts, chemists, agents and other 
necessary expenses of the dairy bureau, a sum not ex- 
ceeding seven 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 two hundred 
dollars. 

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

Approved February 19 ^ 1901. 



Acts, 1901. — Chaps. 66, 67. 45 



An Act making appropriations for the salaries and ex- QJfffjj Ag 

PEXSES OF THE DISTRICT POLICE. -^ 

Be it enacted, etc., as follows: 

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

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

For the salary of the first clerk in the office of the First cierk. 
chief of the district police, fifteen hundred dollars. 

For the salary of the second clerk in the office of the second cierk. 
chief of the district police, one thousand dollars. 

For the salary of the clerk in the boiler inspection de- cierk in boUer 
partment of the district police, six hundred dollars. dl'ifartmTnt. 

For the compensation of the members of the district Members of 
police, a sum not exceeding seventy-one thousand dol- ***''''=' p"^'"**- 
lars. 

For travelling: expenses of the members of the district Travelling 

o I expenses. 

police, a sum not exceeding twenty-three thousand three 
hundred dollars. 

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

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

Aiyproved February 19, 1901. 



Clicqy, 67 



An Act to authorize the town of stoneham to borroav 
monet for school purposes. 

Be it enacted, etc., as foUoios: 

Section 1. The town of Stoneham, for the purposes May incur 
of erecting and furnishing a high school building and of for^scho^oT** 
grading and enclosing the grounds around the same and purposes. 
of constructing approaches thereto and for the purposes 
of altering, repairing and furnishing other buildings used 
for school purposes, may incur indebtedness to an amount 
not exceeding sixty thousand dollars. 

Section 2. For the purposes aforesaid the town is Town of 
authorized to issue from time to time, to an amount not schoo^'i^an. 
exceeding sixty thousand dollars, negotiable notes, bonds 
or scrip, denominated on the face thereof, Town of 



46 



Acts, 1901. — Chap. 68. 



Proviso. 



Stoneham School Loan, payable in such annual payments 
as the town treasurer and a majority of the selectmen 
may determine, which shall extinguish said indebtedness 
within twenty years from the date thereof. The notes 
shall be signed by the town treasurer and countersigned 
by a majority of the selectmen, and shall bear interest 
at such rates, not exceeding six per cent per annum, as 
the town treasurer and a majority of the selectmen shall 
determine. The securities may be sold at public or pri- 
vate sale or pledged for money borrowed for the purposes 
aforesaid, upon such terms and conditions as the town 
treasurer and a majority of the selectmen may deem 
proper : jimvided, that they shall not be sold or pledged 
for less than the par value thereof, with accrued interest. 
Section 3. This act shall take effect upon its passage. 

Approved February 19, 1901. 



Cottage City 
and Edgartown 
Traction Com- 
pany incor- 
porated. 



Ghctp. 68 A^ ^CT TO INCORPORATE THE PURCHASERS OF THE FRANCHISE 
AND PROPERTY OF THE COTTAGE CITY STREET RAILWAY COMPANY. 

Be it enacted^ etc., as follows: 

Section 1. Arthur Burnham, Allen A. Brown, Wil- 
liam C. Loring and Roger N. Burnham, the purchaser 
and grantees of the purchaser of the franchise and prop- 
erty of the Cottage City Street Railway Company, at 
a sale thereof heretofore made pursuant to a power of 
sale contained in a certain mortgage deed given by said 
corporation to the International Trust Company of Bos- 
ton, Massachusetts, as trustee, their associates and suc- 
cessors, are hereby made a corporation by the name of 
the Cottage City and Edgartown Traction Company, 
with the powers and privileges and subject to the duties, 
liabilities and restrictions set forth in this act and in the 
general laws now or hereafter in force relating to street 
railway companies. 

Section 2. Said ncAV corporation may acquire and 
hold the franchise, railways, equipment, rights and other 
property, real and personal, now or lately belonging to 
the said Cottage City Street Railway Company, may 
complete said railways and the equipment thereof, may 
make necessary additions in the towns of the island of 
Martha's Vineyard to said railways and property, and 
maintain and operate the same, subject to the provisions 
of law as aforesaid. 



May acquire 
and hold cer- 
tain franchise, 
railways, etc. 



Acts, 1901. — Chap. 69. 47 

Section 3. The capital stock of said corporation shall Sd bondr^ 
be sixty thousand dollars, and in addition thereto it may 
from time to time issue further capital stock and bonds ; 
but only such amounts of stock or bonds shall be issued 
and only for such purposes as may from time to time be 
authorized by the board of railroad commissioners, in 
accordance with the general laws applicable to such issues 
by street railway companies. 

Section 4. This act shall take effect upon its passage. 

Approved February 19, 1901. 



An Act to incorporate the east TEjirLETON village uirROVE- n]ir,>) g9 

MENT SOCIETY. ^ 

Be it enacted, etc., as follows: 

Section 1. Martin Y. B. Grimes, Henry J. Wright, fon*VTii"e'^" 
Foster J. Robbins, Rufus K. Crocker, John B. Wheeler, imjirovement 
Fred. C. Whitney, Charles F. Griswold, Arthur H. Bry- corporated. 
ant, George P. Howard, Charles E. Ingalls, Margaret B. 
Day, Chessie B. Robbins, Frederick Greenw^ood, Gran- 
dine L. Greenwood, Augusta M. Thomas, Alice C. Whit- 
ney, May A. Griswold, Frank S. Gage, Agnes W. Gage, 
Edward S. Sargent, Lena M. Bryant, Thurber L. Sar- 
geant, Daisy C. Sargeant, Munroe D. Merritt, Ella I. 
Merritt, Charles B. Garfield, Etta M. Ingalls, George 
W. Perkins, William A. Wheeler, Cora J. Wheeler, 
Lizzie C. Wright and Hattie F. Wheeler, their associ- 
ates and successors, are hereby made a corporation by 
the name of the East Templeton Village Improvement 
Society, for the purpose of constructing, repairing and 
maintaining sidewalks and crossings in the public streets, 
ornamenting and caring for public grounds and parks in 
the town of Templeton, under the direction and subject 
to the approval of the selectmen of said town, and plant- 
ing and protecting trees by the roadside, under the direc- 
tion of the tree warden 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 
possessed, by purchase, gift or otherwise ; also to preserve 
natural scenery, curiosities and places of historic inter- 
est, and generally to improve the said town, with all the 
powers and privileges and subject to all the duties, re- 
strictions and liabilities set forth in all general laws now 



48 



Acts, 1901. — Chap. 69. 



Memberehip. 



TruBtees, elec- 
tion, term, etc. 



ProvlBo. 



Vacancies, etc. 



By-laws, 



Proviso. 



May obtain and 
hold certain 
lands, etc. 



Grants, be- 
quests, etc. 



or hereafter in force applicable to such corporations and 
not inconsistent with this act. 

Section 2. Said corporation shall consist of not less 
than thirty members, three fourths at least of whom 
shall be residents of the town of Templeton. 

Section 3. The management and control of the prop- 
erty and affairs of said corporation, subject to its by-laws, 
shall be vested in a board of nine trustees, who shall be 
elected, three each year, for the term of three years : 
j)7'ovided, however, that at the first election three trus- 
tees shall be elected for one year, three for two years 
and three for three years. The trustees shall elect annu- 
ally from their number a president, treasurer and clerk, 
who shall serve until their successors are elected and 
qualified. The treasurer shall give such bonds as the 
trustees direct. A vacancy in the board of trustees, 
however arising, may be filled at any regular or special 
meeting of the corporation ; and a vacancy in the office 
of president, treasurer or clerk may be filled at any regu- 
lar meeting of the trustees, or at any special meeting, if 
due notice of the election shall have been given. In 
the choice of members of the corporation, of the board 
of trustees, or of the above named officers, no distinction 
shall be made on account of sex. 

Section 4. Said corporation may adopt such by-laws 
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, 
hoivever, that the by-laws contain nothing inconsistent 
■with the provisions of law or of this act. 

Section 5. Said corporation may obtain by purchase, 
gift or otherwise, lands in the town of Templeton not 
exceeding one hundred acres in extent, and may hold, 
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 
selectmen of the town. 

Section 6. Said corporation may receive and hold 
for the purposes mentioned in this act any grants, gifts 
or bequests, under such conditions and rules as may be 
prescribed in such grants, gifts and bequests, if not in- 
consistent 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 



Acts, 1901. — Chaps. 70, 71. 49 

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 property, not exceeding fifty thousand dollars 
in value, in addition to the one hundred acres of land be- 
fore mentioned, shall be exempt from taxation so long 
as they are administered for the public purposes herein 
set forth -.provided, however, that any real estate so held Pro^'so. 
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- Town of 

1, ., , ^ ^ .-."^ ,. Teiujileton may 

izetl to appropriate and pay money to said corporation appropriate and 
for the general purposes thereof, or for any specific pur- corp™ra"i?n.° 
poses which may be designated, and said corporation 
shall receive and use the same in conformity with this 
act or with such designation. 

StxTioN 8. The treasurer of the corporation shall gie^copy^f^e. 
annually in the month of January file with the selectmen port annually. 
of the town a copy of the treasurer's report, showing 
the purposes for which such town appropriations were 
expended during the preceding year. 

Section 9. This act shall take effect upon its passage. 

Approved February 19, 1901. 

An Act relative to the sittings of the superior court at ni^rj^^ 70 

FITCHBURG IN THE COUNTY OF WORCESTER, "^ 

Be it enacted, etc., asfoUoivs: 

Section 1. The sittings of the superior court for the sittings of 
county of Worcester now held at Fitchburg on the second fo?county°of * 
Mondays of June and November shall hereafter be held Worcester. 
on the first Mondays of June and November. 

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

Approved February 19, 1901. 



An Act to extend the charter of the east Cambridge land 

COMPANY. 

Be it enacted, etc., as folloios : 

Section 1. The term of the charter of the East Cam- Term of charter 
bridge Land Company is hereby extended to the first 
day of March in the year nineteen hundred and twenty- 
one. 

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

Approved February 19, 1901. 



Chap. 71 



extended. 



50 



Acts, 1901. — Chap. 72. 



Certain lands, 
etc., may be 
taken to Im- 
prove channel of 
Beaver brook. 



DeBcription of 
lands, etc., to 
be recorded. 



GhciJ). 72 ^ ^^'^ "^^ AUTHORIZE THE CITY OF WORCESTER TO IMPROVE THE 

CHANNEL OF BEAVER BROOK. 

Be it enacted, etc., as follows: 

Section 1. The city of Worcester, for the purpose 
of preserving the public health, may straighten, deepen, 
widen, wall and improve the channel of Beaver brook 
in that city, and may take by purchase or otherwise 
the lands, or any of them, within said city between the 
source of said brook and Middle river, and lying within 
one thousand feet of said Beaver brook on either side 
thereof, and may also take any easements and rights in 
any of said lands. 

Section 2. When any of said lands, easements and 
rights are so taken, in any manner other than by pur- 
chase, the city shall, within thirty days after such taking, 
cause to be recorded in the Worcester district registry of 
deeds for the county of Worcester a description of the 
same as certain as is required in a common conveyance of 
land, with a statement that the same are taken pursuant 
to the provisions of this act, which said description and 
statement shall be signed by the mayor of the city ; and 
the title to all lands, easements and rights so taken shall 
thereupon vest in said city. 

Section 3. The city shall make comp'ensation to the 
owners for such lands, easements and rights as it shall 
take under this act, and any person who fails to agree 
with the city as to the amount of his damages may apply 
for the assessment thereof, by petition to the superior 
court in the county of Worcester, at any time within one 
year after such taking. Upon the filing of such petition 
further proceedings thereon shall be had in the manner 
provided by sections three, four and five of chapter three 
hundred and sixty-one of the acts of the year eighteen 
hundred and seventy-one. 

Section 4. Any real estate which receives any benefit 
and advantage beyond the general advantage to all real 
estate in said city from the acts of the city hereinbefore 
authorized, shall pay to the city such sum as the board 
of aldermen of the city shall assess as the proportionate 
share of the expenditure for the purposes aforesaid, and 
the sum so assessed shall constitute a lien upon such real 
estate for two years after it is assessed. If the amount 



Damages. 



AseeBement 
of better- 
ments, etc. 



Acts, 1901.— Cpiaps. 73, 74 51 

so assessed is not paid within ninety days after notice 

thereof it may be collected by an action of contract, in 

the name of the city, against the owner of such real 

estate, and it may be levied by a sale of such real estate, 

to be conducted in the same manner as a sale of real estate 

for the non-payment of taxes. Any person aggrieved by PerBons 

the assessments so made may apply for a jury, in the miy'll% 

manner provided and subject to the conditions contained ^^^''i'^^y- 

in section thirty-two of chapter eighty of the Public 

Statutes. 

Section 5. This act shall take effect upon its passage. 

Apx)roved February 19, 1901. 

An Act making appropriations for salaries and expenses at Ol^fiyx 7Q 

THE state farm. ^ 

Be it enacted, etc. , as foUoics : 

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

For salaries, wages and labor at the state farm, a sum state farm, 
not exceeding forty-six thousand dollars. 

For other current expenses at the state farm, a sum Expeneee. 
not exceeding one hundred and sixteen thousand dollars. 

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

Approved February 20, 1901. 

An Act to authorize the trustees of dummer academy, in (^jff-,^^ 74. 

the county of ESSEX, TO USE THE INCOME OF THE MOODY ^ 

KENT FUND FOB PROVIDING CERTAIN DIPLOMAS ANT> PRIZES. 

Be it enacted, etc., as folJoios: 

The Trustees of Dummer Academy, in the county of income of 

T-< • 11 i 1 1 • 1 1 1 1 • 1 1 Moody Kent 

Fissex, a corporation duly established by law, is hereby Fund may be 
authorized to use the income of the Moody Kent Fund tlun purposes. 
for diplomas and other prizes to such students as said 
trustees from time to time shall deem deserving, instead 
of for medals as provided in the will of Moody Kent, pro- 
bated in Merrimack county in the state of New Hamp- 
shire in February, eighteen hundred and sixty-six. 

Approved February 20, 1901. 



52 



Acts, 1901. — Chaps. 75, 76. 



Brockton Sew- 
erage Loan, 
1901. 



Chcip. 75 ^ ^^^ '^^ AUTHORIZE THE CITY OF BROCKTON TO INCUR INDEBT- 
EDNESS OUTSIDE THE LIMIT FIXED BY LAW, FOR SEWERAGE PUR- 
POSES. 

Be it enacted, etc. , as follows : 

Section 1. In addition to the sums already author- 
ized the city of Brockton, for the purposes named in chap- 
ter two hundred and forty-seven of the acts of the year 
eighteen hundred and ninety-two, may incur indebted- 
ness to an amount not exceeding one hundred thousand 
dollars outside its debt limit, and may from time to time 
issue bonds, notes or scrip to such amount, denominated 
on their face, Brockton Sewerage Loan, 1901, signed by 
the mayor and city treasurer, and bearing such rate of 
interest, not exceeding four per cent per annum, as the 
city council may determine. The city shall provide for 
the payment of such indebtedness by fixed annual propor- 
tionate payments, the first payment to be made not later 
than five years from the date of incurring such indebted- 
ness ; and the aggregate amount of such annual payments 
shall be such as to extinguish the debt at maturity. The 
sinking fund of any loan of the city may be invested 
therein. 

Section 2. The provisions of chapter twenty-nine of 
the Public Statutes and of acts in amendment thereof or 
in addition thereto, except as herein otherwise provided, 
shall apply to the indebtedness authorized by this act 
and to the securities issued thereunder. 

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

Approved February 20, 1901. 



Payment 
of loan. 



P. 8. 29, etc., 
to apply. 



CllCllJ. 76 -^ ^^"^ ^*^ AUTHORIZE FIRE DISTRICTS TO APPROPRIATE MONEY 
FOR PAYMENT OF THE CHARGES OF INSURANCE COMPANIES AS 
SURETIES ON THE BONDS OF FIRE DISTRICT OFFICIALS. 



1897, 132, § 1, 
amended. 



Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
thirty -two of the acts of the year eighteen hundred and 
ninety-seven is hereby amended by inserting after the 
word ' ' town " , in each instance where it occurs in the 
first line, and after the same word in the fourth line, 
the words : — or fire district, — and by inserting after 
the word ' ' town " , in the sixth line, the words : — or the 
prudential committee of such fire district, — so as to read 



Acts, 1901. — Chap. 77. 53 

as follows : — Section 1. Any town or fire district may sureties on 
at a legal town or fire district meeting vote to raise and officials,^ etJ!° 
appropriate money to pay a proper charge of an insur- 
ance company for acting as surety on the oflficial bond 
given to such town or fire district by any of its officers 
for the faithful discharge of their duties. The selectmen 
of such town or the prudential committee of such fire 
district may accept an insurance company as sufficient 
surety upon such bond ; but no insurance company shall 
be so accepted unless it is qualified to do business in this 
Commonwealth. 

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

Approved February 20, 1901. 



Chap. 77 



An Act making APrROPRiATiONS fou sundry educational ex- 
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- 
monwealth from the ordinary revenue, except as herein 
provided, for the purposes specified, for the year ending 
on the thirty-first day of December, nineteen hundred 
and one, to wit : — 

For the salary and expenses of the secretary of the state hoard of 
state board of education, forty-five hundred dollars, to eecretary.' 
be paid out of the moiety of the income of the Massachu- 
setts School Fund applicable to educational purposes. 

For clerical and messeng-er service for the state board clerical and 

o _ messenger 

of education, a sum not exceeding two thousand dollars, service. 

For salaries and expenses of agents of the state board Agents. 
of education, a sum not exceeding twelve thousand seven 
hundred and fifty dollars. 

For incidental and contingent expenses of the state Expenses, 
board of education and of the secretary thereof, a sum 
not exceeding two thousand dollars. 

For travelling and other expenses of the members of ^l^^^^^^^ 
the state board of education, a sum not exceeding one of board. 
thousand dollars. 

For the support of state normal schools, including the state normal 
employment of accountants, and certain other expenses 
of the boarding houses at Bridgewater, Framingham and 
Westfield, a sum not exceeding two hundred fifty -eight 
thousand eight hundred and ninety-four dollars, to be 



54: 



Acts, 1901. — Chap. 77. 



Btate normal 
art ecbool. 



Teachers' 
Institutes. 



Massachusetts 

Teachers' 

Association. 



County 

teachers' 

associations. 



Dukes County 

Educational 

Association. 

Aid to pupils 
in state nor- 
mal schools. 



School super. 
IntendentB In 
small towns. 



Education of 
deaf pupils. 



School blanks. 



Summer schools 
for teachers. 



paid out of the moiety of the income of the Massachusetts 
School Fund applicable to educational purposes, the ex- 
cess, if any, to be paid from the treasury of the Common- 
wealth. 

For the support of the state normal art school, a sum 
not exceeding twenty-four thousand seven hundred and 
forty-six dollars, to be paid out of the moiety of the in- 
come 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 ex- 
ceeding two thousand dollars, to be paid out of the moiety 
of the income of the Massachusetts School Fund applicable 
to educational purposes. 

For the Massachusetts Teachers' Association, the sum 
of three hundred dollars, to be paid out of the moiety of 
the income of the Massachusetts School Fund applicable 
to educational purposes, subject to the approval of the 
state board of education. 

For expenses of county teachers' associations, a sum 
not exceeding three hundred and twenty -five dollars, 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 of fifty dollars. 

For aid to pupils in state normal schools, a sum not 
exceeding four thousand dollars, payable in semi-annual 
instalments, to be expended under the direction of the 
state board of education. 

To enable small towns to provide themselves with 
school superintendents, a sum not exceeding seventy-two 
thousand five hundred dollars. 

For the education of deaf pupils of the Common- 
wealth in the schools designated by law, a sum not ex- 
ceeding sixty-seven thousand dollars. 

For school registers and other school blanks for the 
towns and cities of the Commonwealth, a sum not exceed- 
ing twelve hundred dollars. 

For expenses of summer schools for teachers, a sum 
not exceeding fifteen hundred dollars. 

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

Approved February 20, 1901. 



Acts, 1901. — Chap. 78. 55 



An Act to extend the pko visions of the civil service law f^lffy^ fjo. 

TO THE police AND FIRE FORCES OF TOWNS. ■^* 

Be it enacted, etc., asfolloios: 

Section 1. The provisions of chapter three hundred i884, 320, etc., 
and twenty of the acts of the year eighteen hundred and members of 
eighty-four, entitled "An Act to improve the civil ser- forces lu certain 
vice of the Commonwealth and the cities thereof", and *°'^"*' 
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 Bos- 
ton, are hereby extended and made applicable to all 
members of the regular or permanent police and fire 
forces, or to the call fire force, or to either of said forces, 
in every town in the Commonwealth in which this act 
shall be accepted by a majority of the legal voters pres- 
ent and voting thereon at an annual town meeting or at 
any special meeting called for the purpose. 

Section 2. Any town shall have the right in any such Application 
vote to limit the application of said chapter three hun- umite'd, etc. 
dred and twenty and of the civil service rules thereunder 
to the police force or to the fire force of such town, or to 
require the application thereof to both of said forces. 

Section 3. Upon such vote each member of the force Term of office. 
or forces included in it, and within the classified civil 
service, shall continue to hold his respective office until 
death, resignation or removal. 

Section 4. ]S[o member of either of said forces so in- Removals, 
eluded by vote of the town, and within the civil service 
law and rules, shall be removed except for cause shown 
after a full hearing before the board or official of said 
town having power to make removals, at which hearing 
the member in question shall have the right to be present 
and to be represented by counsel. 

Section 5. This act shall be submitted to the voters Mayhcsub- 
of any town at any annual town meeting or at any special "fitted to voters, 
meeting called therefor ; and shall take effect in any town 
upon its acceptance by a majority of the voters voting 
thereon in such town. 

Section fi. This act, except as otherwise provided wiiento 
herein, shall take effect upon its passage. 

Approved February 21, 1901. 



56 



Acts, 1901. 



Chaps. 79, 80, 81. 



Chcip. 79 ^'^ -^CT TO CHANGE THE NAME OF THE HAMPDEN LOAN AND TRUST 

COMPANY. 

Be it enacted, etc., as follows: 

Name changed. Section 1. The name of the Hampden Loan and Trust 
Company, incorporated by chapter three hundred and 
thirty-seven of the acts of the year eighteen hundred and 
eighty-seven, is hereby changed to Hampden Trust Com- 
pany. 

May two^i^.'* Section 2. . This act shall take effect on the first day 
of May in the year nineteen hundred and one. 

Approved February 21, 1901. 



QJiap. 80 ^^ -^CT RELATIVE TO SUNDAY WORK BY BOOTBLACKS. 

Be it enacted, etc. , as folloivs : 

^o?k'aportion^ Section 1. It shall be lawful for bootblacks to carry 
of Sunday. qu their busiucss on Sunday up to the hour of eleven in 
the forenoon. 

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

Approved February 21, 1901. 



Chap. 81 -^^ ^^"^ RELATIVE TO SUPPLYING THE TOWN OF STONEHAM WITH 

WATER. 



1897, 473, § 12, 
amended. 



Water commie- 
Bioners to fix 
prices for use 
of water, etc. 



Be it enacted, etc., asfoHoios: 

Section twelve of chapter four hundred and seventy- 
three of the acts of the year eighteen hundred and ninety- 
seven is hereby amended by striking out the words ' ' one 
thousand dollars ", in the tenth line, and inserting in place 
thereof the words : — five thousand dollars, — so as to 
read as follows : — Section 12. Said commissioners shall 
fix such prices or rents for the use of water as shall pro- 
duce annually as near as may be a net surplus over 
operating expenses, including therein any annual pay- 
ment to said metropolitan water board, and interest 
charges equal to tAvo per cent of the total amount of the 
bonds, notes or scrip issued under this act, after paying 
all current expenses of operating the water works and 
interest upon loans, and after payment of all expenses 
for new construction, not exceeding five thousand dollars 
in any one year after the original construction. The 
sinking fund shall be set apart for the payment and re- 



er an 
of 



Acts, 1901. — Chaps. 82, 83. 67 

demption of said water loan, and shall remain inviolate 
and pledged to the payment of said loan and shall be 
used for no other purpose. The net surplus aforesaid 
shall be paid into the sinking fund if any is established 
hereunder, and if said surplus does not equal two per 
cent of the total amount of the bonds, notes and scrip 
issued under this act the town shall raise by general tax- 
ation a sum which with the surplus will equal said two 
per cent, and shall contribute said sum to the sinking 
fund. Said commissioners shall annually, and as often '^^ ■''"'i' 

•' ' account ._ 

as the town may require, render an account of all their tbeirdoiugs 
doings in relation to the sinking fund, and shall be 
governed by the provisions of section eleven of chapter 
twenty-nine of the Public Statutes, except as herein 
otherwise provided. Approved February 21 , 1901. 



An Act to authorize the iioosac savings bank to hold real QJiqjj^ g2 

ESTATE. 

Be it enacted, etc., asfoUoivs: 

Section 1. The Hoosac Savings Bank, located in North Hooeac savingB 

& ' 1. 1 Bank ruay hold 

Adams, is hereby authorized to hold real estate for bank- real estate. 
ing purposes to the amount of one hundred thousand 
dollars :^j>'oiuV7ef/, that the income, if there be any, aris- ProviBo. 
ing from such real estate shall be devoted exclusively to 
the interests of said corporation. 

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

Ajyproved February 27, 1901. 



Cliap. 83 



An Act making appropriations for salaries and expenses at 

THE state industrial SCHOOL FOR GIRLS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- AppropHationB. 
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, nineteen hundred and one, to wit : — 

For salaries, wao:es and lal)or at the state industrial state industrial 

' D r> 1 Bchool for girls. 

school for girls, a sum not exceeding fifteen thousand 
five hundred dollars, 

For other current expenses at the state industrial school Espenees. 
for girls, a sum not exceeding twenty -one thousand and 
seventy-five dollars. 



58 



Acts, 1901. — Chaps. 84, 85. 



Boarding out 
youuger girls. 



IiiBtruction 
of children 
boarded 
out, etc. 



For expenses in connection with boarding out younger 
girls from the state industrial school, to include board- 
ing and other expenses for girls on probation, a sum not 
exceeding thirty-two hundred dollars. 

For instruction in the public schools in any city or 
town in the Commonwealth of children boarded or bound 
out by the trustees of the Lyman and industrial schools, 
a sum not exceeding one hundred and twenty-five dollars. 

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

Apjiroved February 27, 1901. 



QJldn, 81 ^ •^^'^ MAKING APPROrRIATIOXS FOU THE SALARIES AND EX- 
PENSES OF THE STATE BOARD OF ARBITRATION AND CONCILIATION. 



Appropriations, 



Board of 
arbitration, etc. 



Clerk. 



ExpecBes. 



Be it enacted, etc., asfoUoivs: 

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, nineteen hundred and one, to wit : — 

For the salaries of the members of the state board of 
arbitration and conciliation, six thousand dollars. 

For the salary of the clerk of the state board of arbitra- 
tion and conciliation, twelve hundred dollars. 

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

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

Approved February 27, 1901. 



Chap 



Massachueetts 
hospital for 
epileptics. 



g^ An Act making an appropriation for current expenses at 

THE MASSACBTCSETTS HOSPITAL FOR EPILEPTICS. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding fifteen thousand 
dollars is hereby appropriated, to be paid out of the 
treasury of the Commonwealth from the ordinary rev- 
enue, for current expenses at the Massachusetts hospital 
for epileptics during the year ending on the thirty -first 
day of December, nineteen hundred and one. 

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

Approved February 27, 1901. 



Acts, 1901. — Chaps. 86, 87. 59 



An Act making appkopriations for the compensation and /^7,^/v> q« 
expenses of the commissioners on inland fisheries and "^ * 

GAME. 

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

For tlie compensation of the commissioners on inland commissioners 

, . i f £ .1 1 on inland hsh- 

nsheries and game, a sum not exceeding tour thousand eries and game. 
nine hundred and thirty dollars. 

For travelling, printing and contingent expenses of the Expenses. 
commissioners on inland fisheries and game, a sum not 
exceeding fifteen hundred and fifty dollars. 

For clerical services in the office of the commissioners clerical 
on inland fisheries and game, a sum not exceeding seven ''®'""*'®*- 
hundred and twenty dollars. 

For the enforcement of the laws relating to fisheries Enforcement 
and game, a sum not exceeding six thousand nine hundred °^ ^*'^*' 
and twenty-five dollars. 

For the propagation and distribution of fish, birds and Propagation and 

. i i ~ . ' . distribution of 

other animals, running expenses, rent and maintenance fish, birds, etc. 
of hatcheries, a sum not exceeding four thousand eight 
hundred and seventy-seven dollars. 

For the expense of stocking great ponds with food gJ°a^'J{fn(jg 
fish, a sum not exceeding five hundred dollars. 

For the expense of stocking brooks with food fish, a stocking brooi^s 
sum not exceeding five hundred dollars. with food ash. 

For the construction of fishways, a sum not exceeding construction 
one thousand dollars. offiehways. 

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

Approved February 27, 1901. 

An Act relative to the sale of intoxicating liquors by nf^nyx 07 

PHARMACISTS. ^ * 

i?e it enacted, etc. , as folloivs : 

Section 1. The fourth clause of section nine of chap- p.s.ioo,§9, 
ter one hundred of the Public Statutes, as amended l)y etc., amended. 
chapter one hundred and fifty-eight of the acts of the 
year eighteen hundred and eighty -four, is hereby further 
amended by adding at the end thereof the words : — jpro- 



60 



Acts, 1901. — Chap. 88. 



Fourth claBB 
licenses, con- 
ditions of. 



Proviso. 



Repeal. 



vided, however, that the phrase "or to a person known 
to have been supported in whole or in part by public 
charity at any time during the twelve months next pre- 
ceding the date of the license ", shall not apply in cases 
where the sale of liquor is made upon the prescription 
of a duly registered physician, — so as to read as fol- 
lows : — Fourth, That no sale or delivery of liquor shall 
be made on the premises described in the license to a per- 
son known to be a drunkard, to an intoxicated person, or 
to a person .who is known to have been intoxicated within 
the six months next preceding, or to a minor, either for 
his own use, the use of his parent, or of any other person, 
or to a person known to have been supported in whole or 
in part by public charity at any time during the twelve 
months next preceding the date of the license : provided, 
however, that the phrase "or to a person known to have 
been supported in whole or in part by public charity at 
any time during the twelve months next preceding the 
date of the license ", shall not apply in cases where the 
sale of liquor is made upon the prescription of a duly 
registered physician. 

Section 2. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

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

Ajyproved February 27, 1901. 



ChciT). 88 An Act to authorize the beverly gas and electric company 

TO DO BUSINESS IN CERTAIN TO'WTJS. 



Ma.v furnish 
electricity in 
certain towns. 



Be it enacted, etc., as follows: 

Section 1. The Beverly Gas and Electric Company, 
located in Beverly, is hereby authorized, upon the ap- 
proval of the board of gas and electric light commission- 
ers, to carry on the business of furnishing electricity for 
light, heat or power in the towns of Manchester, Ham- 
ilton and Wenham ; with all the rights, powers and privi- 
leges and subject to all the duties and liabilities set forth 
in all general laws now or hereafter in force applicable 
to such corporations. 

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

Approved February 27, 1901. 



Acts, 1901. — Chaps. 89, 90. 61 



An Act relative to the counting of ballots at elections. (JJiaij. 89 

Be it enacted, etc., as follows : 

Section 1. Section two hundred and thirty-four of et^.^Vmendedt' 
chapter five hundred and forty-eight of the acts of the 
year eighteen hundred and ninety-eight, as amended by 
chapter two hundred and nine of the acts of the year 
eighteen hundred and ninety-nine, is hereby further 
amended by striking out the words "one hundred", in 
the second line of the last paragraph of said section, and 
inserting in place thereof the word : — fifty, — so that the 
last paragraph of said section shall read as follows: — In Removal of 
towns, and after two o'clock in the afternoon in cities of baiiotVx™ 
less than fifty thousand inhabitants according to the last hal°cealed°^ 
national or state census, the ballot box at any polling counting, etc. 
place may be opened and ballots taken therefrom for 
counting when all the selectmen and the town clerk, or 
both the moderator and the town clerk, as the case may 
be, or all tlie election officers at the voting precinct shall 
so order. When the ballots have been thus removed, the 
presiding officer shall select from the election officers an 
equal number from each of the two leading political 
parties, who shall canvass such ballots in accordance with 
this section ; but no announcement of the result of such ^enTtoTr^" 
canvass shall be made by any election officer until the made, etc. 
total result of the canvass of ballots has been ascertained. 

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

Approved February 27, 1901. 

An Act to extend the time within which the boston ele- (Jh/yr) 90 

VATED RAILWAY COMPANY SHALL CONSTRUCT CERTAIN PARTS OF 
ITS RAILWAY. 

Be it enacted, etc. , as foUoivs : 

Section 1. Sections thirteen and fourteen of chapter isot, soo, 
five hundred of the acts of the year eighteen hundred and iLlnded. ' 
ninety-seven are herel^y amended by inserting after the 
words "three years", wherever they occur in said sec- 
tions, the words : — and six months. 

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

Approved February 27, 1901. 



62 



Acts, 1901. — Chap. 91. 



189f>, 397, § 14, 
amended. 



(JhCin. 91 ^^ -^CT RELATIVE TO THE RECORDING OF SALES OF INTOXICATING 
LIQUORS BY RETAIL DRUGGISTS AND APOTHECARIES. 

Be it enacted, etc., asfolloivs: 

Section fourteen 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 "who 
shall also sign his name in said book as part of said en- 
try ", in the fourth and fifth lines, by striking out the 
words "Signature of Purchaser", in the form appended 
to said section, and by adding at the end of said section 
the words : — The certificate mentioned in section thirteen 
of this act shall be a part of the said book and shall not 
be detached therefrom, and shall be in form substantially 
as follows : — 

CERTIFICATE. 

I wish to purchase 

and I certif}^ that I am not a Minor and that the same is to be used 
for * Mechanical * Chemical * Medicinal purposes. [* Draw a line 
through the ivords which do not indicate the jmrjwse of t/ie purchase.'] 

O Signature 

Cancelled, 



Section 14. A book shall be 



Book to be kept gQ as to read as follows 

111 which every 

8au> shall be kept by every retail druggist and apothecary in which he 

eutered etc x •/ t.' <z)<:o i *.' 

shall enter at the time of every such sale the date thereof, 
the name of the purchaser, the kind, quantity and price 
of said liquor, the purpose for which it was sold, and the 
residence by street and number, if there be such, of said 
purchaser. If such sale is also made upon the prescrip- 
tion of a physician the book shall also contain the name 
of the physician and state the use for which said liquor 
is prescribed and the quantity to be used for such pur- 
pose, and shall be cancelled in the manner before pro- 
Form of book, vided with reference to certificates. Said book shall be 
in form substantially as follows: — 



Date. 



Name 

of 

Purchaser. 



Residence. 



Kind 

and 

Quantity. 



Purpose 

of 

Uee. 



Price. 



Name 

of 

Physician. 



The certificate mentioned in section thirteen of this act 
shall be a part of the said book and shall not be detached 
therefrom, and shall be in form substantially as follows : — 



Acts, 1901. — Cii.u>s. 92, 93. 63 



CERTIFICATE. 

I wish to purchase 

and I certify that I am not a Minor and that the same is to be used 
for * Mechanical * Chemical * IMedicinal purposes. [* Draw a line 
through the words which do not indicate the jmrpose of the purchase.'] 

O Signature 

Cancelled, . 



AjJjyroved February 28, 1901. 



Chap. 92 



An Act making an appropriation for protecting the purity 
OF inland waters. 

Be it enacted, etc., as follows: 

A sum not exceeding thirty-four thousand dollars is Protecting 
hereby appropriated, to be paid out of the treasury of the Fniand waters. 
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 pro- 
tecting the purity of inland waters during the year nine- 
teen hundred and one. Approved February 28, 1901. 

An Act relative to rules and regulations made by the r<7jf,j^ OQ 
metropolitan park commission. ^ ' 

Be it enacted, etc., as folloios : 

Section 1. Section seven of chapter four hundred and 1895,450, §7, 
fifty of the acts of the year eighteen hundred and ninety- 
five is hereby amended by striking out the whole of said 
section and inserting in place thereof the following : — 
Section 7. Said commission shall cause the rules and Rules and regu. 

. 1 1 • c • • latione to be 

regulations made by it irom time to time to be posted m published, etc. 

the reservation or parkway to which they apply, and 

shall also cause the same to be published at least three 

times in one or more newspapers published in the county 

within which said reservation or parkway is in whole or 

in part situated, and such posting and publication shall 

be sufficient notice to all persons. The sworn certificate 

of any memljer of the commission or of its secretary that 

such rules and regulations have been posted and published 

as herein provided shall be prima facie evidence thereof. 

A copy of such rules and regulations, attested by any 



64 Acts, 1901. — Chaps. 94, 95, 96. 

member of the commission or by its secretary, shall be 
prima facie evidence that said rules and regulations have 
been made by the commission as provided by law. 

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

Approved February 28, 1901. 

OJiap. 94 An Act to authorize certain insurance companies to insure 

PERSONS AGAINST PHYSICAL DISABILITY ARISING FROM SICKNESS. 

Be it enacted, etc., as follows: 
poratioiTmay Section 1. Corporations now or hereafter authorized 
a'l'in!t^phy°ei.^ ^^ transact, on the assessment plan, as provided l)y chap- 
cai disability, tcr four huudrcd and twenty-one of the acts of the year 
eighteen hundred and ninety and by acts in amendment 
thereof, the business of casualty insurance arising from 
accident, may also insure persons against physical disa- 
bility arising from sickness. 

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

Ap2yroved February 28 ^ 1901. 

Chcin. 95 An Act to authorize the city library association of spring- 
field TO HOLD additional REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Hol^flitnA Section 1. The City Library Association of Spring- 
pereonai estate, field is hereby authorized to hold real and personal estate 
for the purposes named in its act of incorporation, chapter 
one hundred and forty-two of the acts of the year eight- 
een hundred and sixty-four, to an amount not exceeding 
six hundred thousand dollars, exclusive of books in its 
library and collections of natural history and works of art 
in its museum. 

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

Approved March 5, 1901. 

ChciJ). 96 An Act to authorize certain charitable, educational and 

OTHER corporations TO HOLD ADDITIONAL REAL AND PER- 
SONAL ESTATE. 

Be it enacted, etc., as follows: 

etc^'a^mended Section 1. Scction ouc of chapter ninety-six of the 
acts of the year eighteen hundred and ninety-six, as 
amended by section one of chapter ninety-seven of the 
acts of the year eighteen hundred and ninety-seven, is 
hereby further amended by inserting after the word 



Acts, 1901. — Chap. 97. 65 

" heretofore ", in the first line, the words : — or hereafter, 
— so as to read as follows: — Section 1. Any corpo- certain cor- 
ration heretofore or hereafter organized under any gen- houi lukutio'uai 
eral or special law of this Commonwealth for any of the aonaUBtate. 
purposes mentioned in section two of chapter one hun- 
dred and fifteen of the Pul)lic Statutes may hold real and 
personal estate to the amount of not more than fifteen 
hundred thousand dollars, for the purposes set forth in its 
charter. 

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

Approved March 5, 1901. 

An Act to authorize the town of pea body to furnish elec- (JJirrr) Q7 

TRICITY FOR LIGHT, HEAT AND POAVER TO THE TOWN OF LYNN- 
FIELD AND ITS INHABITANTS. 

Be it enacted, etc., as follows: 

Section 1. The town of Peabody may construct and peXc°^ma 
maintain in the town of Lynnfield a plant for the distribu- conetnict, etc., 
tion of electricity, to be manufactured at its central sta- plant in 
tion in said Peabody, for the purpose of furnishing light, ^^^ ^ 
heat and power to the town of Lynnfield for municipal 
use, and for the use of such of the inhabitants of the 
town of Lynnfield as may require and pay for the same. 

Section 2. The town of Peabody before constructing To obtain 
any part of its plant in the town of Lynnfield shall obtain f^om1.eiectmeD° 
from the board of selectmen of the town of Lynnfield etc?^""*^"^"' 
a written location therefor, in accordance with existing 
laws governing a private person, firm or corporation en- 
gaged in the business of selling light, heat or power, and 
shall thereafter have and enjoy the same rights and fran- 
chises respecting such sale and distribution of light, heat 
and power, and the extension of its plant therefor, as a 
private person, firm or corporation would have, and shall 
be subject to the same limitations and obligations in the 
exercise of such rights and franchises. 

Section 3. The town of Peabody shall furnish to the to furnish 
town of Lynnfield for municipal use, and to the inhabi- pfwcr^etc.'"' 
tants thereof, light, heat and power, at such prices and 
upon such terms as may be agreed upon from time to 
time by the respective parties, subject however in case of 
disagreement as to such prices and terms to a right of 
appeal to the board of gas and electric light commission- 
ers. Ap2yroved March 5, 1901. 



66 



Acts, 1901. — Chaps. 98, 99. 



Appropriations. 



CllCip. 98 -^^ ^^"^ MAKING APPROPKIATIONS FOR THE PAYMENT OF ANNUITIES 

TO SOLDIEKS AND OTHERS. 

Be it enacted, etc., as foUoivs : 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the payment 
of annuities and pensions due from the Commonwealth 
to soldiers and others, during the year ending on the 
thirty-first day of December, nineteen hundred and one, 
to wit : — 

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

For annuities to soldiers and others, as authorized by 
the general court, the sum of five thousand nine 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 effect upon its passage. 

Approved March 5, 1901. 



Johonnot 
aunuiiies. 



AnnuUies to 
soldiers, etc. 



Pensions. 



Chap. 



Manning Asso- 
ciation incorpo- 
rated. 



99 An Act to incorporate the manning association. 

Be it enacted, etc. , as folloivs : 

Section 1. Warren Henry Manning, Sam Winkley 



Location, 
powers, privi- 
leges, etc. 



Capital stock. 



Manning, William Wayland Manning, Geo. A. Parkhurst, 
Joseph E. Warren, Prentiss Hobbs Manning and J. Wood- 
ward Manning, their associates and successors, are hereby 
made a corporation by the name of the Manning Asso- 
ciation,""for the purpose of acquiring and preserving the 
ancient Manning homestead in the town of Billerica, and 
other historic relics and records of the descendants of 
William Manning, who settled in Cambridge about the 
year sixteen hundred and thirty-four, and of encouraging 
friendly intercourse among his descendants. Said cor- 
poration is to be located in said Billerica, and shall have 
all the powers and privileges and be subject to all the 
duties, liabilities and restrictions set forth in chapter one 
hundred and fifteen of the Public Statutes and acts in 
amendment thereof, except as otherwise stated herein. 

Section 2. The capital stock of the said corporation 
shall be three thousand dollars, divided into three thou- 
sand shares of the par value of one dollar each. 



Acts, 1901. — Chaps. 100, 101, 102. 67 

Section 3. Said shares shall be held only by persons By whom 
who are descendants of said William Manning, and no hew!"""^^^ 
one person shall be the owner of more than twenty-five 
shares. 

Section 4. This act shall take effect upon its passage. 

Ap2yroved March 5, 1901. 

An Act to establish the standard weight of soy ueans and /^7,^/j, IQA 
japanese uarnyakd millet. -^ ' 

Be it enacted, etc. , as foUotvs : 

The bushel of soy beans, (glycine hispida,) shall contain standard weight 
fifty-eight pounds, and the bushel of Japanese barnyard and japaueee 
millet, (panicum crus-galli,) shall contain thirty-five m^iil'e^^'''' 
pounds. Approved March 5, 1901. 

An Act to authorize the town of billerica to incur indebt- HLffD ini 

EDNESS FOR A NEAV SCHOOL BUILDING, BEYOND THE LIMIT FIXED 
BY LAAV. 

Be it enacted, etc., as follows: 

Section 1. The town of Billerica, for the purpose of May incur in. 

,. ,1 -, ^. iiT-iT^ debtedneBS be- 

purchasmg land antl erectmg a school ])uilding thereon yond debt umu, 
in that part of the town called North Billerica, may incur etc!'*' °° ^' 
indebtedness to an amount not exceeding twenty-five 
thousand dollars beyond its legal limit of indebtedness, 
and may from time to time issue bonds, notes or scrip 
therefor, payable in periods not exceeding twenty years 
from the date of issue. 

Section 2. Except as is herein otherwise provided the p. 8.29, etc., 
provisions of chapter twenty-nine of the Public Statutes *°"Pi''y- 
and of acts in amendment thereof and in addition thereto 
shall apply to the issue of said bonds, notes or scrip, and 
to the obtaining of temporary loans in anticipation of 
the sale of said securities. 

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

Ai^proved March 5, 1901. 

An Act relatfve to the taking or killing of gray squirrels, rii^ -t A9 

HARES AND RABBITS. ^ * "* 

Be it enacted, etc., as folloivs: 

Section 1. Section one of chapter ninety-seven of i^^-*- ^^ § i- 

1 CI • 1 iiii-'^n . amended. 

the acts of the year eighteen hundred and ninety-four is 
hereby amended by striking out in the third line, the 



68 



Acts, 1901. — Chaps. 103, 104. 



Protection of 
gray equirrelB, 
barcH and 
rabbits. 



Proviso. 



words "fifteenth day of September", and inserting in 
place thereof the words : — first day of October, — and 
by adding at the end thereof the words : — jprovkled^ 
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 corporation, and have in possession 
if so Ijought, Colorado jack rabbits. Nova Scotia white or 
eastern white rabbits at any season, if not taken or killed 
in this Commonwealth contrary to the provisions of this 
act, — so as to read as follows : — Section 1. Whoever 
takes or kills a gray squirrel, hare or rabbit, between the 
first day of March and the first day of October, or within 
said time buys, sells or offers for sale any of said animals, 
shall be punished by a fine of ten dollars : jwovided^ 
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 corporation, and have in possession 
if so bought, Colorado jack rabbits, Nova Scotia white 
or eastern white rabbits at any season, if not taken or 
killed in this Commonwealth contrary to the provisions 
of this act. 

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

Approved March 5, 1901. 



Chcip.103 -^N -'^CT TO REPEAL THE LAW ESTABLISHING THE CUBIC CONTENTS 
OF THE UKY GALLON, THE LIQUID GALLON, AND THE BUSHEL IN 
HEAP MEASURE. 

Be it enacted, etc. , as follows : 

Section 1. Sections three and four of chapter one 
hundred and ninety-eight of the acts of the year eighteen 
hundred and ninety-four are hereby repealed. 

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

Ap2)7'oved March 5, 1901. 



1894,198, §§3 
and 4, repealed 



(7/^aj9.104: 



state board of 
health to ex- 
amine outlets 
of sewers, etc. 



An Act to provide for examination by the state board of 
health of the outlets of sewers, and as to the effect 
of sewage disposal. 

Be it enacted, etc., as folloios: 

Section 1. The state board of health shall annually 
examine all main outlets of sewers and drainage of the 
cities and towns of the Commonwealth, and the effect of 



Acts, 1901. — Chaps. 105, 10(j, 107. 69 

sewage disposal, and annually report thereon to the gen- 
eral court, with such recommendations for the protection 
of the interests of ])ersons and property as said board shall 
deem expedient, and for the prevention of offensive odors 
and objectionable conditions. 

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

Aj)prove(l March 5, 1901. 



ChaplOB 



An Act making an appropriation for the expense of exter- 
minating CONTAGIOUS diseases AMONG HORSES, CATTLE AND 
OTHER ANIMALS. 

Be it enacted, etc., as folloios: 

Section 1. The sum of fifty thousand dollars is hereby Extermination 
appropriated, to be paid out of the treasury of the Coni- duea^e^/lmong 
monwealth from the ordinary revenue, for the extermi- ""i™*'*- 
nation of contagious diseases among horses, cattle and 
other animals, during the year ending on the thirty-first 
day of December, nineteen hundred and one. 

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

Approved 3farch 5, 1901. 



Chcq^.lOG 



An Act relative to the employment of convicts on the 

premises of the state prison. 
Be it enacted, etc., as follows: 

Section 1. Convicts in the state prison may be em- convicts may 
ployed, in the custody of an officer, on any part of the JretSFes'o^f'^ °° 
premises of the prison ; and an escape from such premises ^f^ prison, 
shall be deemed an escape from the prison. 

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

Approved March 5, 1901. 

An Act to incorporate the Berkshire block company. Olian 107 

Be it enacted, etc., as follows: 

Section 1. John L. Dodge, Parley A. Russell, Charles nerkHhire 
N. Gilbert, G. Willis Peters, George' E. Russell, Abby J. i''u'°orporXr'' 
Russell and Ina G. Russell, their associates and succes- 
sors, are hereby made a corporation by the name of the 
Berkshire Block Company, for the purpose of holding, 
managing, improving and leasing the real estate in the 
village and town of Great Barrington, on the northeast 
corner of Main and School streets, known as the Berk- 
shire Block premises; with all the ])owers and jn-ivileges 



70 



Acts, 1901. — Chaps. 108, 109. 



May eell or 
mortgage cer- 
tain real estate. 



Capital stock. 



and subject to the duties, liabilities and restrictions set 
forth in all general laws now or hereafter in force appli- 
cable to such corporations. 

Section 2. Said corporation may sell or mortgage the 
whole or any part of the real estate w^hich it is allowed by 
this act to hold. 

Section 3. The capital stock of said corporation shall 
not exceed one hundred and fifty thousand dollars, the 
shares shall be of the par value of one hundred dollars 
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 commissioner 
of corporations. 

Section 4. This act shall take effect upon its passage. 

Approved March 5, 1901. 



Chap.108 



1888, 390, § 37, 
amended. 



Collectors of 
taxes to post 
notices. 



An Act relative to the collection op taxes. 
Be it enacted, etc., as folloivs: 

Section 1. Section thirty-seven of chapter three hun- 
dred and ninety of the acts of the year eighteen hundred 
and eighty- eight is hereby amended by striking out all 
after the word "precinct ", in the fourth line, so as to 
read as follows : — Section 3 7. The collector shall, three 
weeks before the sale, post a notice similar to that re- 
quired by the two preceding sections in some convenient 
and public place in his precinct. 

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

Approved March 5, 1901. 



Chctn.lOQ -^^ -^^'^ relative to payments to certain county treasurers 

BY treasurers and CLERKS OF CITIES AND TOWNS. 



Certain pay- 
ments to county 
treasurers to be 
accompanied by 
a statement, 
etc. 



Be it enacted, etc., as folloics: 

Section 1. All payments made by city or town treas- 
urers or by city or town clerks to any county treasurer, 
excepting the treasurer of the county of Suffolk, shall 
be accompanied by a statement, in such form as may be 
prescribed* by the controller of county accounts, showing 
the date, amount and purpose of such payments, and a 
duplicate statement shall at once be sent by the city or 
town officer making the payment to the controller of 
county accounts. 

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

Approved March 5, 1901. 



Acts, 1901. — Chaps. 110, 111. 71 



An Act to place the financial affairs of truant schools ni^fiy. iif) 

UNDER the supervision OF THE CONTROLLER OP COUNTY AC- ^ ' 
COUNTS. 

Be it enacted., etc., as follows: 

Section 1. Truant schools shall be subject to all the Tmant schools 
provisions of chapter four hundred and thirty-eight of Jrrdv*iBToni''of '° 
the acts of the year eighteen hundred and eighty-seven, i^^t, 438, etc. 
and of acts in amendment thereof, so far as the same are 
applicable. 

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

Approved March 5, 1901. 



Chap.Ul 



An Act further to extend the time within avhich the bos- 
ton, QUINCY AND FALL RIVER BICYCLE RAILWAY SHALL BE BUILT. 

Be it enacted, etc., as folloivs: 

Section 1. Section sixteen of chapter five hundred ^897, 527, § ib, 

i: etc., amended. 

and twenty-seven of the acts of the year eighteen hun- 
dred and ninety-seven, as amended by chapter one 
hundred and forty-one of the acts of the year eighteen 
hundred and ninety-nine, and by chapter one hundred 
and fifty of the acts of the year nineteen hundred, is 
hereby further amended by striking out the whole of 
said section and inserting in place thereof the follow- 
ing: — Section 16. All rights and privileges granted ^ime extended. 
under this act for the purpose of building a railway be- 
tween Boston and Fall River shall be forfeited, except 
as to any portion of said railway built, if twenty miles of 
said railway are not built before the thirty- first day of 
December in the year nineteen hundred and three. 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 four as to the re- 
mainder of the route between Boston and Fall River. 
Section 2. This act shall take effect upon its passage. 

Approved Marcli»5, 1901. 



72 Acts, 11)01. — Chaps. 112, li:3. 



C]iapAV2t ^^ ^CT RELAXrV^E TO THE PUBLICATION 15Y THE STATE HOARD OF 
EDUCATION OF MATTER TO PROMOTE THE INTERESTS OK COMMON 
SCHOOL EDUCATION. 

Be it enacted, etc., as foUoios: 
mSil^inter- The Secretary of the state board of education is hereby 
schoofrdilci'^ authorized to publish for general distribution such parts 
tion may be of the annual report of the state board of education and 

pul)hshed, etc. i i i i i 

such other matter as he may deem best adapted to pro- 
PioviBo. mote the interests of public school education : provided, 

that the expense of such publication is met out of the 
appropriation for the incidental and contingent expenses 
of the state board of education and of the secretary 
thereof, and does not exceed in any one year the sum of 
five hundred dollars. Approved March 6, 1901. 

(7/?r/?9.113 ^^' -^CT TO REQUIRE THE PO.STINO OF TIME-TAF.LES IN MERCAN- 
TILE ESTABLISHMENTS. 

Be it enacted, etc., as folloivs: 

etc*'ame'uded' Seotion 1. Sectlou ten of chapter five hundred and 
eight of the acts of the year eighteen hundred and ninety- 
four, as amended by section one of chapter three hundred 
and sevent^'^-eight of the acts of the year nineteen hun- 
dred, is hereby further amended by adding at the end of 
said section the words : — and every employer shall post 
in a conspicuous place in every room where such persons 
are em])loyed a printed notice stating the number of 
hours' work required of them on each day of the week, 
the hours of commencing and stopping such work, and 
the hour when the time or times allowed for dinner or 
for other meals begin and end. The printed form of 
such notice shall be furnished by the chief of the district 
police and shall be approved by the attorney-general; 
and the employment of any such person for a longer time 
in any day than that so stated shall be deemed a viola- 
tion of this section ; and for the purpose of this act the 
expression "mercantile establishments" shall have the 
following meanings : — Any premises used for the pur- 
poses of trade in the purchase or sale of any goods or 
merchandise, and any premises used for the purposes of a 
restaurant or for publicly providing and serving meals, — 

Employment of SO as to read as follows : — Secfi'ou JO. No minor under 
eighteen years of age, and no woman, shall be employed 



miuove and 
women in 



Acts, 1901. — Chap. 114. 73 



in laboring in any mercantile establishment more than mercantile 

fifty-eight hours in any one week : jjrovided, that the reguiau,d!'^" ^ 

restrictions imposed by this section shall not apply during- I'roviso. 

the month of December in each year to persons employed 

in shops for the sale of goods at retail ; and every em- Notice to be 

ployer shall post in a conspicuous place in every room p°**®''- 

where such persons are employed a printed notice stating 

the numl)er of hours' work required of them on each day 

of the week, the hours of commencing and stopj^ing such 

work, and the hour when the time or times allowed for 

dinner or for other meals begin and end. The printed P»"i?tcd form of 

~ 1 notice to be 

form of such notice shall be furnished by the chief of the furuighed iiy 

CDiGi oi district 

district police and shall be approved by the attorney- police, etc. 

general ; and the employment of any such person for a 

longer time in any day than that so stated shall be deemed 

a violation of this section ; and for the purpose of this act '^^'^ defined. 

the expression ' ' mercantile establishments ' ' shall have 

the following meanings : — Any premises used for the 

purposes of trade in the purchase or sale of any goods 

or merchandise, and any premises used for the purposes 

of a restaurant or for publicly providing and serving 

meals. 

Section 2. Any employer, superintendent, overseer Penalty. 
or other agent of a mercantile establishment violating; 
any of the provisions of the foregoing section shall be 
punished by a fine not exceeding one hundred dollars and 
not less than fifty dollars for each offence. 

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

Approved March 6, 1901. 

An Act relative to the annual report op the hoard of nijnjy 11 4 

COMMISSIONERS OF SAVINGS BANKS. -^ 

Be it enacted, etc., as foUoivs: 

There may be printed of the annual report of the board J^^^^p.^,'"*^?^ 
of commissioners of savings banks, in addition to the commissioners 
number of copies authorized by chapter three hundred banksl"^" 
and ninety-three of the acts of the year eighteen hundred 
and ninety-four, one hundred copies of each of the two 
parts of said report, exclusive of the abstiiact of annual 
reports. Approved March 6, 1001. 



74 Acts, 1901. — Chaps. 115, 116, 117. 



ChCip.1^15 ^^ -^CT MAKING AN APPROPRIATION FOR THE SALARY OF THE 

ASSAYER AND INSPECTOR OF LIQUORS. 

Be it enacted, etc., as folloivs: 

i^spector^of Section 1. The sum of twelve hundred dollars is 

liquors. hereby appropriated, to be paid out of the treasury of the 

Commonwealth from the ordinary revenue, for the salary 
of the assayer and inspector of liquors, for the year end- 
ing on the thirty-first day of December, nineteen hundred 
and one. 

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

Ajjproved March 6, 1901. 

(JJiaV.WQ ^^ '^^'^ RELATFV^E TO VOTING AT ANNUAL TOWN MEETINGS ON THE 
question OF GRANTING LICENSES FOR THE SALE OF INTOXICATING 
LIQUORS. 

Be it enacted, etc., as folloivs: 

r°en at least ^^* Section 1. At auHual towu meetings the polls shall 
one hour. \)q kept opcu at Icast one hour for the reception of votes 

upon the question of licensing the sale of intoxicating 

liquors. 
May two^r' Section 2. This act shall take effect on the first day 

of May in the year nineteen hundred and one. 

Api^roved March 6, 1901. 

Ch(lT>.\\l -^^ ^^^ RELATIVE TO THE TIME OF HOLDING CAUCUSES AND CON- 
VENTIONS OF POLITICAL PARTIES. 

Be it enacted, etc. , as follows : 

etc.%mended. Section 1. Scctiou eighty-scven of chapter five hun- 
dred and forty-eight of the acts of the year eighteen 
hundred and ninety-eight, as amended by section two 
of chapter three hundred and forty-six of the acts of the 
year eighteen hundred and ninety-nine, is hereby further 
amended by striking out the whole of said section and 

Holding of cer- inserting in place thereof the following : — Section 87. 

tain caucuses. ~ pt-i • p • i -, 

All caucuses oi political parties (except tor special elec- 
tions) for choice of delegates to political conventions 
which nominate candidates to be voted for at the annual 
state election, and for the nomination of candidates to 
be voted for at such election, shall be held throughout 
the Commonwealth on a day designated by the state 
committee of the political party for which said caucuses 



Acts, 1901. — Chap. 118. 75 

are held; and all of said delegates shall be elected and 
all of said candidates shall be nominated at one caucus. 
Such caucuses shall be held at the call of the state com- 
mittee of the political party "whose caucuses are to be 
held, and the chairman and secretary of the state com- 
mittee of each political party shall, at least twenty-one 
days before the date on Avhich the caucuses are to be 
held, forward a copy of the call, with designation of date, 
to the chairman and secretary of each city and town 
committee of their party. 

No representative convention shall be held at a date Representative 
earlier than seven days after the date designated for hold- date ©"'holding. 
ing caucuses by the state committee of the political party 
whose representative convention is to be held. 

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

Approved March 6, 1901. 

An Act to ixcorporate the central block of pittsfield. CJfai) IIS 
Be it enacted, etc., as folloics : 

Section 1. Franklin W. Russell, Edward D. G, Jones central biocii 
and Caroline Wheeler Russell, their associates and succes- incorporated, 
sors, are hereby made a corporation by the name of the 
Central Block, for the purpose of holding, managing, 
improving and leasing the real estate in the city of Pitts- 
field called the Central Block, bounded by North street, 
Market street, McKay street, and Burbank avenue, so- 
called, owned in common by the devisees of the late 
Solomon N. Russell and by the said Edward D. G. Jones; 
with all the powers and privileges and subject to the 
duties, liabilities and restrictions set forth in all general 
laws now or hereafter in force relating to such corpora- 
tions. 

Section 2. Said corporation may sell or mortgage the May sen or 
whole or any part of the real estate which it is allowed t^inV^eaUBfat'e. 
by this act to hold. 

Section 3. The capital stock of said corporation shall capital Btock. 
not exceed two hundred thousand dollars, the shares 
shall be of the par value of one hundred dollars each, and 
no shares shall be issued except for cash actually paid in 
or property actually conveyed ; and the value of such 
property shall be determined by the commissioner of 
corporations. 

Section 4. This act shall take effect upon its passage. 

Approved March 6, 1901. 



76 



Acts, 1901. — Chaps. 119, 120. 



Taking, etc., 
of shellttah in 
Berkley regu- 
lated. 



Permits maj* be 
given, etc. 



Certain rights 
of itihaliitaiits, 
etc., not 
affected, etc. 



C%«p.ll9 An Act to provide for the protection of shellfish in the 

TOWN OF BERKLEY. 

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 town of Berkley, except as is hereinafter 
provided. 

Section 2. The selectmen of said town may give per- 
mits in writing to any person to take shellfish from their 
beds within said town, at such times, in such quantities 
and for such uses, as they shall deem expedient. Said 
selectmen may withhold all such permits for such time 
as they deem expedient. But any inhabitant of said 
town may without such permit take from the beds in 
said town shellfish for the use of his family, not exceed- 
ing 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 said town. 

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 
offences under this act. 

Section 6. So much of sections sixty-eight and sixty- 
nine of chapter ninety-one of the Public Statutes as 
conflicts herewith shall not apply to the town of Berkley. 

Approved March 6, 1901. 



Little neck 
clams or qua- 
hauge under 
certain size not 
to be taken. 
Penalty. 



Jurisdiction of 
offences. 



Certain provi- 
sions of law not 
to applj'. 



CllCip.V20 An Act relative to the penalty for keeping unlicensed dogs. 
Be it enacted, etc., as foUoics: 

Section 1. Section eighty-seven of chapter one hun- 
dred and two of the Public Statutes is hereby amended 
by striking out the whole of said section and inserting 
in place thereof the following : — Section 87. Whoever 
keeps a dog contrary to the provisions of this chapter 



p. 8. 102, § 87, 
amended. 



Penalty for 
keeping un- 
licensed dogs 



Acts, 1901. — Chaps. 121, 122. 77 

shall forfeit a sum not exceeding fifteen dollars, which 
shall be paid to the treasurer of the county in which the 
dog is kept; except that in the county of Suffolk said 
sum shall be paid to the treasurer of the city or town 
wherein the dog is kept. 

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

Approved March 7, 1901. 

An Act to provide for the better ruoTECTioN of trout. Clian 121 
Be it enacted, etc. , as folloios : 

Section 1. Whoever takes, catches or has in posses- Penalty for 
sion at any time trout less than six inches in length shall certain trout. 
be fined ten dollars for every such trout taken, caught or 
held in possession : j^^'ovided, that this act shall not apply Proviso. 
to any person engaged in breeding or rearing trout, or to 
any one who on taking such trout immediately returns it 
alive to the water from which it was taken. 

Section 2. This act shall not apply to the county of 
Berkshire. Approved March 7, 1901. 

An Act making appropriations for deficiencies in appropri- r^j -i 99 
ations for certain expenses authorized in the tear nine- ^ ' '^^ 

teen hundred. 

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 certain 
expenses in excess of appropriations therefor in the 
year nineteen hundred, to wit : — 

For incidental and contingent expenses in the adjutant Adjutant gen. 
general's department, the sum of fifty-two dollars and ment^. ^^^"^ " 
ninety- four cents. 

For incidental and contingent expenses in the quarter- Quartermaster 
master general's department, the sum of two hundred department. 
twenty-four dollars and eighty-five cents. 

For quartermasters' supplies, the sum of two hundred ^^"^^Jf™''**"^* 
ninety-four dollars and eighty-five cents. 

For expenses in connection with military accounts, not Military 
otherwise provided for, the sum of one hundred six dol- "'^'^°""*^- 
lars and forty-seven cents. 

For the compensation of officers and men of the volun- Miutia, com. 
teer militia, the sum of twenty-three hundred fifty-three p^"*""°°- 
dollars and twenty-four cents. 



78 



Acts, 1901. — Chap. 122. 



Transportation. 



Surgeon gen- 
eral. 



Care of 
armories, etc. 



Care of U. S. 

steamer 

Minnesota. 



Extermination 
of coutagiouM 
diseases among 
animals. 

Bo.ird of l)ar 
examiners. 



Lyman school 
for boys. 

Tuition of cer- 
tain children. 



Support, etc., 
of state insane 
persons. 



Support of cer- 
tain state 
paupers. 



Railroad Inspec- 
tors. 



Railroad com- 
missioners. 



Public docu- 
ments. 



Ballots. 



For transportation of officers and men of the volunteer 
militia when on military duty, the sum of seventeen hun- 
dred sixteen dollars and nineteen cents. 

For contingent expenses in the office of the surgeon 
general, the sum of thirty-one dollars and thirty-six 
cents. 

For heating, lighting, furnishing and caring for the 
armories in certain cities of the Commonwealth for the 
use of the volunteer militia, the sum of sixteen hundred 
iifty-one dollars and thirty-two cents. 

For expenses in connection with caring for the United 
States steamer Minnesota, used as an armory for the 
naval militia, the sum of one hundred two dollars and 
seventy- two cents. 

For exterminating contagious diseases among horses, 
cattle and other animals, the sum of twenty-five hundred 
ninety-seven dollars and thirteen cents. 

For expenses of the state board of bar examiners, the 
sum of one hundred sixty-seven dollars and three cents. 

For expenses at the Lyman school for boys, the sum of 
thirty-five hundred ninety-nine dollars and eleven cents. 

For the tuition of children of any town in which a high 
school or school of corresponding grade is not main- 
tained, who may attend a high school outside the town 
in which they reside, the sum of nineteen hundred thirty- 
five dollars and fifty- three cents. 

For the support and relief of state insane persons in 
hospitals and asylums of the Commonwealth, fourteen 
thousand seven hundred forty-two dollars and eighty- 
four cents. 

For the support of state paupers at the Massachusetts 
School for the Feeble-minded, the sum of twenty-two 
hundred thirteen dollars and seven cents. 

For travelling and other expenses of the railroad in- 
spectors, the sum of three hundred seventy-four dollars 
and thirty-five cents. 

For expenses of the railroad commissioners, the sum 
of eight hundred ninety-four dollars and twenty-three 
cents. 

For printing and binding public documents, the sum 
of forty-two hundred forty-four dollars and eighty cents. 

For printing ballots, the sum of six hundred eighty- , 
one dollars and thirty-eight cents. 

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

Approved March 7, 1901. 



Acts, 1901. — Chaps. 123, 124, 125. 79 



An Act relative to co-operative banks. C/i«7?.123 

Be it enacted^ etc. , as follows : 

Section 1. In any co-operative bank now or here- Election of 
after formed under the provisions of chapter one hundred treasuTe^r of co- 
and seventeen of the Public Statutes the shareholders op«'^"-ebanke. 
may provide in the by-laws for the election of the secre- 
tary and treasurer either by the shareholders or by the 
board of directors. 

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

Approved March 7, 1901. 



Chap,124: 



An Act relative to the time for filing certificates of nom- 
ination AND NOMINATION PAPERS. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and forty-five of chap- isos, 548, § 145, 
ter five hundred and forty-eight of the acts of the year *™^°^^'*- 
eighteen hundred and ninety-eight is hereby amended 
by striking out the words "second Wednesday", in the 
second and third lines of the second paragraph, and in- 
serting in place thereof the words : — third Monday, — 
and by striking out the word "Friday", in the fourth 
line of said paragraph, and inserting in place thereof the 
word : — Wednesday, — so that the second paragraph of 
said section shall read as follows: — In cities, except Time for filing 
Boston, certificates of nomination for city offices shall he nomination" 
filed on or before the third Monday ; and nomination pajerr*"**^°° 
papers on or before the second Wednesday preceding the 
day of the election. 

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

Approved March 7, 1901. 

An Act to provide for the appointment of conservators of niinj^ 1 05 

THE property OF PERSONS WHO ARE UNABLE TO CARE THERE- ^ 

FOR. 

Be it enacted, etc., as folloivs: 

Section 1. Section one of chapter five hundred and isas, 527, §1, 

01 n 1 • 1 , 111 amended. 

twenty-seven of the acts of the year eighteen hundred 
and ninety-eight is hereby amended by striking out all 
after the word "person ", in the first line, to and includ- 
ing the word "age ", in the second line, and inserting in 
place thereof the words : — by reason of advanced age or 



80 Acts, 1901. — Chap. 126. 

mental weakness is unable, — so as to read as follows : — 
Appointment of SeclicM 1. When a person by reason of advanced afj-e or 

conservatorB of I 1/ p 1 • 

property in cer- mental wcakness IS unable to properly care for his prop- 
erty the probate court of the county in which he resides 
may, on the petition of such person or of one or more 
of his friends, appoint a conservator of his property. 
Upon the filing of such petition the court shall appoint 
a time and place of hearing, and shall cause at least four- 
teen days' notice thereof to be given to the person for 
whom a conservator is to be appointed, if he is not the 
petitioner. If at said hearing it appears that such person 
is incapable of properly caring for his property a conser- 
vator shall be appointed, who shall have the charge and 
management of said property, subject to the direction 
of said court. 
Conservators Section 2. Such conservators may be discharged by 

charged, etc. ^]^q probate court on the application of the ward, or 
otherwise, when it appears that the conservatorship is no 
longer necessary. 

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

Aj)j)roved March 7, 1901. 

C/z^fW.126 ^^ ^'^'^ RFXATIVE TO KF.QUISITIONS UPON COUNTY TREASURERS BY 
CLERKS OF INFERIOR COURTS AND TRIAL JUSTICES. 

Be it enacted^ etc., as follows: 
paymentof Section 1. Whcucver it shall appear to the controller 

witness fees. ^^ ,pn-ii i^ ii 

of county accounts that the funds m the hands of a cferk 
of a district, police or municipal court, or of a trial justice, 
from which witness fees may lawfully be paid, are in- 
sufficient therefor, and that the amount of one hundred 
dollars allowed to be drawn from the county treasury in 
any one month is inadequate to supply the deficiency, he 
may approve a requisition for such larger amount as he 
deems necessary; and upon receipt of a requisition thus 
approved the county treasurer shall pay to the clerk or 
justice such sum as may be called for, not exceeding two 
hundred dollars in any one month, which sum shall be 
accounted for in accordance with the provisions of sec- 
tion six of chapter four hundred and forty of the acts of 
the year eighteen hundred and ninety. 

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

Approved March 7, 1901. 



Acts, 1901. — Chaps. 127, 128, 129. 81 



An Act to extend the time within which the orange and (JJ,rii) ^27 

ERVING street RAILWAY COMPANY MAY CONSTRUCT ITS ROAD. 

Be it enacted, etc., as foUoivs: 

Section eiffht of chapter two hundred and ninety-eight 1897,208 §8, 

PI ei •! i.ii- ameucied. 

or the acts or the year eighteen hundred and ninety-seven 

is hereby amended by striking out in the third line, the 

word "four ", and inserting in place thereof the word : — 

six, — so as to read as follows: — Section 8. The au- Time extended. 

thority herein granted shall cease unless some portion of 

the proposed road has been built and put in operation 

within six years from the passage of this act. 

Approved March 12, 1901. 

An Act relative to the transfer of boys to and from the (JJiavA^S 

MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., as folloivs: 

Section 1. Section thirteen of chapter two hundred 1884,255 §13, 

1 amended. 

and fifty-five of the acts of the year eighteen hundred 
and eighty-four is hereby amended by striking out the 
whole of said section and inserting in place thereof the 
following : — Section 13. On application of the trustees certain boys 
or board in charge of the Lyman school for boys, or of ^?redVo?*" 
the house of employment and reformation for juvenile ch'uTettB" ^''^^^' 
offenders established in the city of Boston, or of any other reformatory. 
reform school established under authority of any general 
or special act, the commissioners of prisons may cause 
any boy confined therein upon a sentence for any offence, 
to be removed to said reformatory; and said commis- 
sioners upon application of said trustees or board may 
cause a boy so removed to be returned to the school from 
which he was transferred. 

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

Approved March 12, 1901. 



Chap.129 



An Act making appropriations for salaries and expenses in 
the department of the adjutant general, and for sundry 
other military expenses. 

Be it enacted, etc., as folloivs: 

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



82 



Acts, 1901. — Chap. 129. 



Adjutant gen- 
eral. 



First clerk. 



Second clerk. 



Additional 
clerk. 



Extra clerks. 



Messenger. 



Clerical assist- 
ance. 



Militia oompen- 
satiou. 



Transportation, 



Expenses. 



Rent of 
armories, etc. 



Quartermasters' 
supplies. 



Expenses. 



Camp ground. 



Military 
accounts. 



Care of 
armories, etc. 



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

For the salary of the adjutant general, thirty-six hun- 
dred dollars. 

For the salary of the first clerk in the adjutant general's 
department, twenty- two hundred dollars. 

For the salary of the second clerk in the adjutant gen- 
eral's department, sixteen hundred dollars. 

For the salary of an additional clerk in the adjutant 
general's department, two thousand dollars. 

For the salaries of the two extra clerks in the adjutant 
general's department, twelve hundred dollars each. 

For the salary of the messenger in the adjutant gen- 
eral's department, eight hundred dollars. 

For such additional clerical assistance as the adjutant 
general may deem necessary, and for the compensation 
of employees at the state, arsenal, a sum not exceeding 
sixty-nine hundred dollars. 

For the compensation of officers and men of the volun- 
teer militia, a sum not exceeding one hundred and forty- 
four thousand dollars. 

For the transportation of officers and men of the volun- 
teer militia, when on military duty, a sum not exceeding 
nineteen thousand dollars. 

For incidental and contingent expenses in the adjutant 
general's department, a sum not exceeding thirty-five 
hundred dollars. 

For rent of brigade and battalion headquarters and 
company armories, a sum not exceeding thirty-seven 
thousand five hundred dollars. 

For quartermasters' supplies, a sum not exceeding 
twelve thousand dollars. 

For incidental and contingent expenses in the quarter- 
master general's department, a sum not exceeding five 
thousand dollars. 

For grading and care of the camp ground at Framing- 
ham, a sum not exceeding one thousand dollars. 

For expenses in connection with military accounts, 
not otherwise provided for, a sum not exceeding four 
thousand dollars. 

For heating, lighting, furnishing and caring for the 
armories recently erected in certain cities of the Common- 
wealth for the use of the volunteer militia, a sum not ex- 
ceeding twenty-five thousand dollars. 



I 



Acts, 1901. — Chap. 130. 83 

For the services of janitors of certain armories, a sum janitors. 
not exceeding seven thousand dollars. 

For allowance and repair of clothing of the volunteer ciothing. 
militia, a sum not exceeding nine thousand dollars. 

For expenses in connection with the rifle practice of ^^^'^'^ p'''''^"''^- 
the volunteer militia, a sum not exceeding eighteen thou- 
sand dollars. 

For furnishing, repairing and caring for the United u^^g'gteamfr 
States steamer Minnesota, loaned to the Commonwealth Minnesota. 
and used as an armory for the naval militia, a sum not 
exceeding four thousand dollars. 

For furnishing, repairing and caring for the United f;a>-e, etc., of 

o" 1 o p _ U. » steamer 

States steamer Inca, a sum not exceeding eight hundred i^ca. 
dollars. 

For the salary of the surgeon general, twelve hundred ^J'J'seo" ge"- 
dollars. 

For medical su])])lies for the use of the volunteer militia, Medical sup- 
and for incidental and contingent expenses of the sur- ^' ""*" 
geon general, a sum not exceeding twenty-two hundred 
dollars. 

For expenses in connection with the examination of Examination of 

i . . . . recruits. 

recruits for the militia, a sum not exceethng twenty-eight 
hundred dollars. 

Any sums of money received under the provisions of camp^grL'umif' 
section eighty-seven of chapter three hundred and sixty- etc 
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 and one, may be expended by the 
quartermaster general during the present year, under 
the direction of the governor and council, for the con- 
struction and repair of buildings and other structures. 

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

Approved March 12, 1001. 



An Act relative to the ruBLiCATioN by tiik state isoakd of (J]iaj).\^0 

AGRICULTURE OF MATTER TO PROMOTE THE INTERESTS OF AGRI- 
CULTURE. 

Be it enacted, etc., as foUoivs: 

The secretary of the state board of agriculture is Mattertopro- 

•/ ^ ... mote the inter- 

hereby authorized to publish for general (hstribution cst^ of agricuit- 
such parts of the annual report of said board as he may pubiTshed'.'' 
deem best adapted to promote the interests of agricult- 



84 



Acts, 1901. — Chaps. 131, 132. 



Proviso. 



ure : provided^ that the expense of such publication is 
met out of the appropriation for the dissemination of 
useful information in agriculture by the state board of 
agriculture. Approved March 12, 1901. 



Chap 



Medfield insane 
asylum. 



.131 -"^^"^ -^CT MAKING AN APPKOPRIATION FOR CURRENT EXPENSES AT 
THE MEDFIELD INSANE ASYLUM. 

Be it enacted, etc., as follows: 

Section 1. The sum of twenty thousand dollars is 
hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, for cur- 
rent expenses at the Medfield insane asylum during the 
year ending on the thirty-first day of December, nine- 
teen hundred and one. 

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

Approved March 12, 1901. 



C/lCl7).Vd2 ^^ ^^^'^ ^^ EXTEND THE CORPORATE POAVERS OF THE NEW BED- 
FORD AND ONSET STREET R.VILWAY COMPANY. 



The New Bed- 
ford and Onset 
Street Railway 
Company, 
motive power, 
etc. 



May manufact- 
ure, use, etc., 
electricity, etc. 



May build and 

maintain 

bridges. 



Be it enacted, etc., asfollotvs: 

Section 1. The New Bedford and Onset Street Rail- 
way Company may, with the consent of the respective 
selectmen in the towns in which it is authorized to operate 
its railway, use in the operation thereof any approved 
system of motive power other than steam, and may with 
such consent make such underground and surface altera- 
tions of the streets and highways, and may erect such 
poles and wires therein as may be necessary or convenient 
to establish, maintain and transmit such motive power; 
and said company may, for all purposes necessary or inci- 
dent to the construction, maintenance or operation of an 
electric street railway, generate, manufacture, use and 
transmit electricity in all or any of said towns, and may 
sell to or purchase from any other street railway com- 
pany incorporated under the laws of this Commonwealth 
electricity for the purposes aforesaid ; but said company 
shall not generate, manufacture, use, transmit, purchase 
or sell electricity for light, heat or power, except for 
street railway purposes. 

Section 2. Said company may build and maintain 
bridges over the Weweantit river between the towns of 
Marion and Wareham, at any point on said river above 



Acts, 1901. — Chap. 132. 85 

and within three hundred feet of the present highway 
bridge between said towns and over the Wareham river 
at the Narrows, so-called, above and within fifty feet of 
the present highway bridge between the westerly shore 
of said river and the westerly line of the location of the 
New York, New Haven and Hartford Eailroad Com- 
pany, and also over a part of the river below the present 
highway bridge and westerly of and adjacent to the loca- 
tion of said New York, New Haven and Hartford Rail- 
road Company. 

Section 3. Said company may carry the United States May act as a 
mails and act as a common carrier of baggage and of'lJL"7"hamii'H^e, 
small parcels of merchandise, to such extent as its direc- '**''• 
tors may from time to time determine: 2:)rovided, ]ioir- Vvwuoa. 
eve)\ that said company shall not act as such common 
carrier in any city or town until authorized so to do by 
the board of aldermen or selectmen thereof; and 2^'>'()- 
vided, further, that said company shall in the carrying of 
such parcels of merchandise be su])ject to the provisions 
of chapter seventy-three of the Public Statutes and of all 
laws relating to common carriers, and shall also be sub- 
ject to such by-laws, ordinances and regulations in any 
city or town not inconsistent with said chapter and laws, 
as may from time to time be made by such city or town. 

Section 4. Said company may purchase, hold and ^gi^t^^et^'^o^f 
enioy the rio^hts, properties, franchises and locations of the certain railway 

*J O '11 ' coin DUD V 

East Wareham, Onset Bay and Point Independence Street 
Railway Company, and said last named company may 
sell and convey the same to said New Bedford and Onset 
Street Railway Company, upon such terms as shall be 
agreed to by a majority of the directors and two thirds in 
interest of the stockholders of each of said companies, 
and as shall be approved by the board of railroad com- 
missioners in the manner provided by law ; and said com- 
pany may exchange shares of its stock for those of the 
East Wareham, Onset Bay and Point Indej)endence Street 
Railway Company, on terms agreed to and a]i]iroved as 
aforesaid, or may pay the purchase price of said rights, 
properties, franchises and locations from its capital stock. 
Section 5. This act shall take effect upon its passage. 

xiiypToved March 12, 1901. 



86 Acts, 1901. — Chaps. 133, 131. 



Chap.133 -A-N Act to authorize the town of foxborough to raise and 

APPROPRIATE MONEY FOR THE RELIEF OF THE FAMILIES OF CER- 
TAIN DECEASED FIREMEN. 

Be it enacted, etc., as follows: 
May raise and Section 1. The towH of Foxborouo:h is hereby aiithor- 

appropnate O ..' ^ 

moneyforre- izetl to ralsc bv taxation and appropriate annually for 
of certain the term of ten years a sum not exceeding three hundred 



^e^cease re ^^^| sixty dollars, oue hundred and twenty dollars of the 
same to be paid annually in quarterly payments not ex- 
ceeding- thirty dollars each to the widow or children of 
the late George II. .Tosselyn ; and a like sum to the widow 
or child of the late Joseph Watkins; and a like sum to 
the widow or child of the late Arthur A. Josselyn; the 
said George H. and Arthur A. Josselyn and the said 
Watkins having died from injuries received while serving 
the town as firemen on the fourth day of June in the year 
nineteen hundred. 

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

Approved March 12, 1901. 

(7/i«/?.131 An Act relative to the killing and rendering of horses 

AND OTHER ANIMALS. 

Be it enacted, etc., as folloios: 

SmifjiTr^en- Section 1. Auy person, firm or corporation engaged 
tiering of horses or desirluo^ to euo-ao-c in the business of killing horses, or 
to he licensed, in the rendering of horses or other animals, shall, within 
thirty days after the passage of this act, and thereafter 
annually in the month of March, make application to the 
board of health of the city or town where the business is 
to be conducted, for a license to carry it on. Such appli- 
cation shall be in Avriting, signed by the person or persons 
desiring to conduct the business, or, in the case of a cor- 
poration, by some officer thereof thereto duly authorized. 
It shall state the names in full and the addresses of all 
the persons desiring to carry on said business, or, in the 
case of a corporation, of all the officers thereof, and the 
street or other place where the business is to be conducted. 
. No unlicensed person shall carry on the business of kill- 
ino^ or of renderino; horses or other animals, 
uce^nses^"^ Section 2. The board of health of a city or towu may 

fee, etc' grant licenses for such killing or rendering establish- 

ments, but not till it has satisfied itself that the appli- 
cants have a suitable building and plant in a situation 



Acts, 1901. — Chap. 135. 87 

approved by the said board of health, and suitable trucks 
or wagons for the removal of dead animals; and the 
said board may at any time revoke any such license. The 
license fee shall not exceed one dollar. The license shall 
state the names of the licensees and the situation of the 
building or establishment where the business is to be car- 
ried on, and shall continue in force until the first day of 
April of the year next ensuing, unless sooner revoked. 
The board of health of any city or town granting such ,^e j°''^tc° ^° 
licenses shall keep a record thereof, and shall also notify 
the board of cattle commissioners whenever any such 
license is granted, giving the names and addresses of the 
licensees. 

Section 3. Persons licensed as aforesaid shall report ^gt"^''^*;!^" 
to the board of cattle commissioners, in such form and at contagious 
such times as the board may direct, every animal received reported. 
by them which is found to be infected with a contagious 
disease. 

Section 4. That part of secton thirty-two of chapter isoo, 408, § 32, 
four hundred and eight of the acts of the year eighteen °°**°*pp>'- 
hundred and ninety-nine providing that no person shall 
knowingly sell an animal with a contagious disease, shall 
not apply to any person selling such an animal to any 
person licensed as aforesaid : provided^ that such animal Proviso. 
is to be killed or rendered at the establishment of such 
licensee. 

Section 5. Any person violating any provision of Penalty. 
this act shall be punished by a fine not exceeding two 
hundred dollars or by imprisonment in jail for a term 
not exceeding ninety days, or by both such fine and im- 
prisonment. Approved March 12, 1901. 

An Act to authoiuze the county of Suffolk to pay a sum /^^^^ -[Qr: 

OF MONEY' TO THE WIDOW OF WILLIAM P. COOK. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The county of Suffolk is hereby author- county of 
ized to pay to the widow of William P. Cook late a p"? « Lnrof 
messenger in the superior court of said county, who died ™f'\v^ii|°^'^°'^ 
on the nineteenth day of October in the year nineteen p. cook, 
hundred, the remainder of the salary to which he would 
have been entitled had he lived and served as such mes- 
senger until the first day of January in the year nineteen 
hundred and one. 

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

Approved March 12, 1901. 



88 



Acts, 1901. — Chaps. 136, 137, 138. 



Trustees of 
Newton 
Theological 
Institution, 
election, etc. 



CJlCiP-lSQ -^ -'^CT RELATIVE TO THE ELECTION OF THE TRUSTEES OP THE 

NEWTON THEOLOGICAL INSTITUTION. 

Be it enacted, etc., as folloics: 

Sfxtion 1. The Newton Theological Institution may 
provide that of the trustees of said corporation to be 
elected annually, six may be elected by the trustees, 
three by the corporation known as the Northern Baptist 
Education Society, and three by the corporation known 
as The Society of Alumni of the Newton Theological 
Institution. The powers granted by section two of 
chapter twenty-six of the acts of the year eighteen hun- 
dred and fifty-three are hereby confirmed and continued. 

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

Approved March 12, 1901. 



County of 
Plymouth may 
pay a sum of 
money to 
widow of 
Otis W. Soule. 



C7lCip.l.S7 -A^N Act TO AUTHORIZE THE TREASURER OF THE COUNTY OF 
PLYMOUTH TO PAY A SUM OF MONEY TO THE WIDOW OF OTIS 
W. SOULE. 

Be it enacted, etc., as foUoivs: 

Section 1. The treasurer of the county of Plymouth 
is hereby authorized to pay from the treasury of said 
county to the widow of Otis "W. Soule late clerk and pro- 
bation officer of the second district court of Plymouth, 
Avho died on the thirteenth day of August in the year 
nineteen hundred, the sum of three hundred fifty-six dol- 
lars and twenty-six cents, being the amount of salary 
which he would have been entitled to receive had he lived 
and continued to serve until the thirty-first day of De- 
cember in the year nineteen hundred. 

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

Approved March 12, 1901. 



ChapAi^S -^^ -^CT TO PROHIBIT THE TAKING OF SHELLFISH FROM CONTAMI- 
NATED WATERS. 



Taking of shell- 
fish from certain 
tidal waters, 
etc., may be 
prohibited. 



Be it enacted y etc., as folloivs: 

Section 1. The commissioners on inland fisheries and 
game shall, whenever so requested in writing by the state 
board of health, prohibit the taking of oysters, clams, 
quahaugs and scallops from the tidal waters or flats of 
any part of the Commonwealth, for such period of time 
as the said board of health may determine. 



Acts, 1901. — Chap. 139. 89 

Section 2. The state board of health shall have power state board of 
to examine all complaints that may be brought to its examine com. 
attention in regard to contamination of tidal waters and pi"*'"*"- «*<=• 
flats by sewerage or other causes, to determine as near 
as may be the bounds of such contamination, and mark 
the same when necessary, and to request the commis- 
sioners on inland fisheries and game to prohibit the taking 
therefrom of any oysters, clams, quahaugs and scallops, 
as provided in section one of this act. 

Section 3. Whoever takes any oysters, clams, qua- Penalty, 
haugs or scallops from any part of the tidal waters or 
flats of the Commonwealth from which the taking of the 
same is prohibited as above provided shall forfeit not less 
than five nor more than ten dollars for the first offence, 
and not less than fifty nor more than one hundred dollars 
for each subsequent offence : provided^ that the commis- proviso. 
sioners on inland fisheries and game shall cause notice 
of such prohibition, with a description or bounds of the 
premises concerned, to be given by publication in some 
newspaper published in the town or county in which or 
adjacent to which are situated the tidal waters or flats 
from which the taking of oysters, clams, quahaugs or 
scallops is prohibited as above provided, at least one week 
before said penalty shall be incurred. 

Approved March 12, 1901. 

An Act to authorize the newburyport gas and electric (Jlinrr) 139 

COMPANY TO EXTEND ITS SERVICE TO THE TOWNS OF NEWBURY 
AND WEST NEWBURY. 

Be it enacted^ etc., as foUoios: 

Section 1. The Newburyport Gas and Electric Com- Mayfumisii 
pany is authorized to extend its mains and pipes, erect and eLct^rkity 
poles and wires and furnish and sell illuminating gas and lowng^^etc. 
electricity in the towns of Newbury and West Newbury, 
for lighting, heating, cooking, power and other uses for 
which gas is manufactured and electricity generated, 
subject to the restrictions and limitations contained in 
sections seventy-five, seventy-six and seventy-seven of 
chapter one hundred and six of the Public Statutes, 
and of acts in amendment thereof, and to the general 
provisions of law regulating such corporations and their 
business. 

Section 2. This act shall take effect u])on its passage. 

Approved March 12, 1901. 



90 Acts, 1901. — Chaps. 140, 111, 112. 



CJlCip.\4iO ^ ■^^'^ MAKING AN APPROPRIATION FOR THE CARE AND MAIN- 
TENANCE OF THE NANTASKET BEACH RESERVATION I3Y THE METRO- 
POLITAN PARK COMMISSION. 

Be it enacted, etc., as foUoivs: 

ten&ullVi'^fn. Section 1. A suiii not exceecUng fifteen thousand 
tasket beach, dollars Is hereby appropriated, to be paid out of the treas- 
ury of the Commonwealth from the ordinary revenue, 
for the care and maintenance of Nantasket beach by the 
metropolitan park commission during the year ending on 
the thirty-first day of December, nineteen hundred and 
one, which amount shall be repaid to the Commonwealth 
by the towns and cities in the metropolitan parks district, 
in accordance with the provisions of chapter four hundred 
and sixty-four of the acts of the year eighteen hundred 
and ninety-nine. 

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

Approved March 12, 1901. 

C/Zf//?.141 ^^ ^^^ RELATIVE TO THE SNARING OF PARTRIDGES, HARES AND 

RABBITS. 

Be it enacted, etc., as follows: 

amended. Chapter three hundred of the acts of the year eighteen 

hundred and eighty-seven is hereby amended by striking 
out the word "January ", in the last line, and inserting 
in place thereof the word : — December, — so as to read 
Trapping, etc., as follows : — The provisions of section six of chapter 
hares, etc. ' two hundred and seventy-six of the acts of the year 
eighteen hundred and eighty-six, shall not apply to the 
trapping or snaring of ruffed grouse, commonly called 
partridge, hares or rabbits by an owner of land upon 
his land, or by a member of the family of such owner 
if authorized by such owner, between the first day of 
October and the first day of December. 

Approved 3farch 12, 1901. 



GAc/».142 ^^ ^^^ "^^ INCLUDE THE MONTH OF AUGUST IN THE CLOSE SEASON 
FOR TROUT FISHING IN THE COLTS'TY OF HAMPDEN. 

Be it enacted, etc., as folloivs: 

Jriaied' Section 1. Chapter one hundred and thirty-eight of 

the acts of the year eighteen hundred and ninety-one is 
hereby repealed. 

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

Apjrroved March 12, 1901. 



Acts, 1901. — Chaps. 143, 144. 91 



An Act making appropriations for salaries and expenses in {JJiQy) ^43 

THE OFFICE OF THE STATE FIRE MARSHAL. 

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, nineteen hundred and one, to wit : — 

For the salary of the state fire marshal, forty-five hun- state fire 
dred dollars. '"*'''^"^- 

For the salary of the deputy fire marshal, twenty-five Deputy. 
hundred dollars. 

For the salary of the clerk of the state fire marshal, ^'^^'■''• 
fourteen hundred dollars. 

For the salaries of the two stenographers in the office stenographers. 
of the state fire marslial, eleven hundred dollars each. 

For the salaries of the two chiefs of aids in the office of ^'^i«f« "^ '^''i»- 
the state fire marshal, twelve hundred dollars each. 

For the salaries of nine aids in the office of the state Aids and 
fire marshal, one thousand dollars each; and for the '"e«^e»Ke'"- 
salary of a messenger, four hundred dollars. 

For travelling, contingent and incidental expenses, Travelling 
the same to include fees of w^itnesses and the services and ^^p'^"^'''*' ^**'- 
expenses of persons employed in secret investigations 
under the direction of the state fire marshal, a sum not 
exceeding ten thousand five hundred dollars. 

For incidental and contingent office expenses of the office expenses. 
state fire marshal, a sum not exceeding twenty-five hun- 
dred dollars. 

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

Approved March' 13, 1901. 

An Act to extend the time for constructing and putting in CIJi(xr).\^4t 

OPERATION THE STOUGHTON AND RANDOLPH STREET RAILWAY. 

Be it enacted, etc. , as follows : 

Section 1. The time allowed by law for building and Time extended, 
putting in operation the road of the Stoughton and Ran- 
dolph Street Railway Company, or some part thereof, is 
hereby extended to the first day of August in the year 
nineteen hundred and one, and the corporate powers of 
the said company shall not be held to cease by reason of 
any failure to build and put in operation its road within 



92 



Acts, 1901. — Chaps. 145, 146. 



eighteen months after the date of its certificate of incor- 
poration. 

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

Approved March 13, 1901. 



Chcip.\4:5 ^ Act to authorize the city of boston to pay a Sum of 

MONEY to the WIDOW OF FREDERICK W. DAY. 



City of Boston 
may pay a sum 
of money to 
widow of 
Frederick 
W. Day. 



Be it enacted, etc. , as follows : 

Section 1. The city of Boston is hereby authorized to 
pay to Fanny Day, the widow of Frederick W. Day late 
an alderman of the city, the remainder of the salary to 
which he would have been entitled as such alderman if 
he had lived and continued to serve until the thirty-first 
day of December in the year nineteen hundred. 

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

Approved March 13, 1901. 



Chai).14:G ^^ -^^"^ relative to the COMPENSATION OF THE METROPOLITAN 

PARK COMMISSIONERS. 



1893, 407, § 1, 
etc., amended. 



Metropolitan 
Park Commis- 
eioa, nppoiut- 
ment, terms, etc 



Be it enacted, etc., as folloios: 

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, 
and by section one of chapter three hundred and ninety- 
three of the acts of the year nineteen hundred, is hereby 
further amended by striking out the words "nineteen 
hundred ", in the seventeenth line, and inserting in place 
thereof the words : — nineteen hundred and one, — so as 
to read as follows : — Section 1. The governor, by and 
with the advice and consent of the council, shall appoint 
five persons, who shall constitute a board to be known as 
the Metropolitan Park Commission. The members of 
this board shall hold office 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-three, and annually there- 
after the governor shall appoint as aforesaid one such 
commissioner, to hold office for the term of five years, 
beginning with the first Monday in May in the year of 
his appointment ; and if any vacancy occurs in said board 
by resignation or otherwise the governor shall in like 



Acts, 1901. — Chap. 117. 93 

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 compen. 
of them, may receive for the year nineteen hundred and ^*"^°'® 
one, 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 ex- 
penses incurred in the discharge of their duties, and all 
sums so authorized and allowed shall be paid by the Com- 
monwealth and shall be a part of the expenses under this 
act. 

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

Approved March 13, 1901. 

An Act to amend the charter of the city of Springfield rij^f.^ i j^fT 

RELATFV^E TO THE ELECTION OF ALDERMEN AND COUNCILMEN. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The board of aldermen of the city of Board of awer- 

• f • • c 1 111 men, election, 

Sprmgfield shall consist of one citizen oi each ward elected terms, etc. 
at large by the qualified voters of the city, voting in their 
respective precincts as at present provided, and the candi- 
date from each ward who receives the highest number of 
votes shall be declared elected. The aldermen hereafter 
elected shall serve for terms of two years, except as here- 
inafter provided, from the first Monday in January suc- 
ceeding the annual municipal election at which they are 
chosen. At the annual municipal election held next after 
this act takes effect aldermen from wards one, three, five 
and seven shall be elected for terms of two years, and 
those from wards two, four, six and eight for terms of one 
year; and thereafter four aldermen shall be chosen at 
each annual municipal election, according as the terms of 
the several aldermen expire, the aldermen from wards 
one, three, five and seven and the aldermen from wards 
two, four, six and eight, respectively, being elected in 
alternate years. 

Section 2. The common council of the city of Spring- T;''"^!^"").?""" 
field shall consist of eighteen members, apportioned among teriiiK,utc. 
the several wards according to the provisions of the char- 
ter, and shall be elected from and by each ward, and shall 
be residents of the wards from which they are elected. 
The common councilmen hereafter elected shall serve for 
terms of two years, except as hereinafter provided, from 



94 



Acts, 1901. — Chap. 118. 



Common coun- 
cil, electiou, 
terms, etc. 



Repeal. 



When to 

take effect. 



the first Monday in January succeeding the annual munic- 
ipal election at which they are chosen. At the annual 
municipal election held next after this act takes effect, in 
each ward which is entitled to two common councilmen 
the candidate receiving the highest number of votes cast 
for the office of common councilman shall be declared 
elected for the term of two years, and the candidate re- 
ceiving: the next hii):hest number of votes shall be declared 
elected for the term of one year. In each ward which is 
entitled to three common councilmen the two candidates 
receiving respectively the highest and next to the highest 
number of votes cast for that office shall be declared 
elected for terms of two years, and the candidate receiv- 
ins: the next highest number of votes shall be declared 
elected for the term of one year. At each annual munic- 
ipal election thereafter one common councilman shall 
be elected in each ward entitled to two common council- 
men, and one or two common councilmen shall be elected 
in each ward entitled to three common councilmen, ac- 
cording as the terms of the several common councilmen 
expire. 

Section 3. All parts of the charter of the city of 
Springfield and amendments thereto inconsistent here- 
with are hereby repealed. 

Section 4. This act shall take effect upon its accept- 
ance by a majority of the qualified voters of the city of 
Springfield present and voting in their respective pre- 
cincts at the next municipal election following the passage 
of this act. Approved March 13, 1901. 



(J]iap.\iS> '^^ -^CT RELATITE TO THE M.VXUFACTURERS MUTUAL CASUALTY 

COMPANY. 

Be it enacted, etc., as folloivs: 
isBueof 'j'l^e period during which the Manufacturers Mutual 

policies by 1 & . 

Manufacturers Casualty Company, incorporated under chapter nmety- 
comiTany. " nine of the acts of the year nineteen hundred, is authorized 
to begin to issue policies, is hereby extended so that said 
company may begin to issue policies at any time prior to 
the first day of February in the year nineteen hundred 
and two, subject to the provisions of its act of incorpora- 
tion. Approved March 14, 1901. 



Acts, 1901. — Chaps. 149, 150, 151. 95 



An Act relative to the appointment of commissioners in (Jhnjy 1 49 

FOREIGN COUNTRIES. 

Be it enacted, etc, as folloics: 

Section 1. Section thirteen of chapter eig-hteen of ^- s- ^^' § ^3, 
the Pubhc Statutes is hereby amended by striking out tiie 
whole of said section and inserting in place thereof 
the following : — Section 13. The e-overnor may, with commisB-ouers 

.0 (. 1 "^ i'^ foreign 

the advice and consent of the council, appoint in every countne^.ap- 

p . . . . ^ ^ 1 1 Vi poiutment, etc. 

foreign country one or more commissioners, who shall 
hold their offices for three years from the date of their 
respective a])pointments, unless sooner removed ])y the 
governor. Each of said commissioners shall before the de- 
livery of his commission pay to the secretary of the Com- 
monwealth a fee of five dollars. 

Section 2. The term of office of those now holding Termofoeace 
commissions in foreign countries shall expire on the first houihfl"""^ 
day of July in the year nineteen hundred and one. 

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

Approved March 14, 1901. 



com- 
misBions. 



An Act relative to the service of process in the collection fjlinj^ IgQ 

OF taxes. 

Be it enacted, etc., as folloics: 

Section 1. Section one of chapter, four hundred and isoQ. p. §1, 

-L ^ amendea. 

twenty-five of the acts of the year eighteen hundred and 
ninety-nine is hereby amended by adding at the end 
thereof the words : — The service of any notice, summons, semce of 

1 t £ iiU £ • 1 1 process in the 

demand of payment, or other paper aforesaid, made as collection 
aforesaid, shall be sufficient, whether made by the col- °^*'*^^^- 
lector of taxes holding office or by any predecessor. 
Section 2. Tliis act shall take effect upon its passage. 

Approved March 14, 1901. 

An Act to prohibit persons from unlawfully avearing or /^7,^/v) 1 /t1 
using the insignia of the naval and military order of the 1 ' 

spanish-american war, or of the legion of spanish war 
veterans. 

Be it enacted, etc., as follows: 

Section 1. Whoever shall wilfully wear or use the Penaityfor 
insignia, distinctive ribbons, or membership rosette or wearing 'dr 
button of the naval and military order of the Spanish- "nsfg^nff^Jtc" 



96 



Acts, 1901. — CuArs. 152, 153. 



Penalty for 
unlawfully 
wearing or 
using certain 
insiguia, etc. 



American war, or of the legion of Spanish war veterans, 
for the purpose of representing that he is a member of 
either order, unless at the time of such wearing or using 
he be a member of the order whose insignia he so wears 
or uses, shall be punished by fine not exceeding twenty 
dollars or by imprisonment in the house of correction 
for a term not exceeding thirty days, or by both such 
fine and imprisonment, for each offence of which he shall 
be convicted. 

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

Approved March 14, 1901. 



(JJicij),\52 -^^ ■^^'^ "^^ AUTHORIZE ANT CITY OR TOWN TO LEASE ITS PUBLIC 
* BUILDINGS OR A PART THEREOF TO CAMPS OF THE LEGION OF 

SPANISH WAR VETERANS. 

Be it enacted, etc., as follows: 

Section 1. Any city or town is authorized to lease 
for a period not exceeding five years to any camp of the 
legion of Spanish war veterans established in such city 
or town, to be used by such camp solely for the purposes 
of its organization, any public building or part thereof 
belonging to such city or town, except schoolhouses in 
actual use as such, on such terms as the board of alder- 
men of such city or the selectmen of such town may 
determine. 

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

Approved March 14, 1901. 



Public buildings 
may be leased 
to camps of 
the legion 
of Spanish 
war veterans. 



1899, 254, § 1, 
amended. 



C7?rtW.153 ^^ -^^^ RELATIVE TO THE IMPROPER USE OF THE FLAG OF THE 
UNITED STATES OR OF THE COMMONWEALTH. 

Be it enacted, etc., as folloivs: 

Section 1. Section one of chapter two hundred and 
fifty-four of the acts of the year eighteen hundred and 
ninety -nine is hereby amended by inserting after the 
Avord "posts ", in the fifth line, the words : — camps of 
the legion of Spanish war veterans, — so as to read as 
"^ords^. figu^ree, follows : — Sectioii 1. It shall be unlawful for any per- 
of the United gon to display the flag of the United States or of Massa- 
Masslchusetts chusctts, or any representation thereof, upon which are 
Pro^si*.^*^' a^^y words, figures, advertisements or designs : jyrovided, 
however, that flags belonging to grand army posts, camps 
of the legion of Spanish war veterans, or flags the prop- 
erty of or used in the service of the United States or of 



Acts, 1901. — Chap. 154. 97 

this state, may have inscribed thereon the names of 
battles, and tlie name and number of the org-anization 
to which such fla":s belon"-. 

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

Approoed March 14, 1901. 

An Act to authorize the trustees of the state hosuitalto f^j.^r,. i rr4. 

STRAIGHTEN THE BOUNDARIES OF CERTAIN LAND OWNED BY THE ^ 

COMMONAVEALTH. 

Be it enacted, etc., as follows: 

Section 1. The trustees of the state hospital are hereby Trustees of 
authorized and empowered to exchange a certain parcel mBy e^xTiiange 
of land owned by the Commonwealth, situated in Tewks- in'-l^ewksburj-. 
bury, bounded westerly, northerly and easterly by Strong 
Water brook, so-called, and southerly by a line parallel 
with and distant thirty-five f^et northeasterly from the 
northeasterly line of the location formerly of the Salem 
and Lowell railroad but now of the Boston and Maine 
railroad, for certain parcels of land owned by Francis 
Day, situated in Tewksbury and adjoining land owned 
by the Commonwealth, which parcels comprise all of 
the land owned by said Day in Tewksbury which lies 
southerly of said lirst name(l line and northerly of said 
railroad location. All of said parcels are shown by a 
plan drawn by Andrew Nichols, civil engineer, and dated 
January ten, nineteen hundred and one. 

Section 2. The trustees of the state hospital, or such ^^^^\°^j,g 
person or persons as they may by vote designate, may excbanged. 
execute and deliver the deed in the name and on behalf 
of the Commonwealth conveying to Francis Day and 
his heirs and assigns the first described ])arcel of land, 
and shall receive in exchange therefor from the said 
Francis Day, and shall deliver to the treasurer of the 
Commonwealth, the deed duly executed by him convey- 
ing to the Commonwealth the last described parcels of 
land. 

Section 3. Said deed from Francis Day to the Com- Deed to com- 
monwealth shall contain an agreement on its jiart, as ^'^'ta'in'certa^n 
part of the consideration for the conveyance, that the agreement. 
Commonwealth shall dig at its own expense a ditch, the 
centre line of which shall l^e the line first named in sec- 
tion one as parallel with and distant thirty-five feet north- 
easterly from said railroad location, and that said ditch 



98 



Acts, 1901. — Chaps. 155, 15G, 157. 



shall be of sufficient Avidth to carry all the waters of said 
brook. 

Section 4, This act shall take effect upon its passage. 

Approved 3farch 14, 1901. 



Chcfp.\55 ^^ ^CT KELATIVE TO THE SALAKY OF THE MAYOR OF THE CITY OF 

NEW UEDFOKD. 

Be it enacted, etc., as follows: 

Section 1. The mayor of the city of New Bedford 
shall receive such compensation in full for all services as 
the city council of the city shall by ordinance establish. 

Section 2. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

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

Approved March 14, 1901. 



Mayor of 
New Bedford, 
compensation. 



Repeal. 



CA«79.156 -^ ^CT TO AUTHORIZE THE CITY OF liOSTOX TO PAY A SUM OF 
MONEY TO THE WIDOW OF DANIEL F. CADIGAN. 



City of Boston 
may pay a sum 
of money to 
widow of 
Daniel F. 
Cadigan. 



Be it enacted, etc. , as folloivs : 

Section 1. The city of Boston is hereby authorized 
to pay to the widow of Daniel F. Cadigan late a police 
officer of the city, the remainder of the salary to which 
he would have been entitled had he lived and served as 
police officer until the first da}'^ of February in the year 
eighteen hundred and ninety-nine. 

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

Approved March 14, 1901. 



Chap 



First clerk in 
office of 
auditor to act 
as deputy. 



,X57 ^ ^CT TO provide FOR THE PERFORMAJNCE OF THE DUTIES 
OF THE AUDITOR OK ACCOUNTS IN CASE OF HIS TEMPORARY 
DISABILITY. 

Be it enacted, etc. , as foUoivs : 

Section 1. When by reason of sickness, absence or 



other cause the auditor of accounts is temporarily unable 
to perform the duties of his office the first clerk in the 
office of the auditor shall act as his deputy and perform 
the duties of the auditor until such disability ceases. 
Section 2. This act shall take effect upon its passage. 

Approved March 14, 1901. 



Acts, 1901. — Chaps. 158, 159. 99 



An Act to i'roiiibit fishing in lake quinsigamond and its /^/^^^ "| ^Q 

TKIBUTARIES DURING CERTAIN MONTHS OF THE YEAR. ^ ' 

Be it enacted, etc., as follows: 

Section 1. For a period of five years after tlie passage Fishing in Lake 
of tliis act no person shall fish in any manner whatsoever eic!"re8trTcted.' 
between the first day of Se])tember and tlie first day of 
April in eacli year in Lake Quinsigamond in the county 
of Worcester, or in its tril)utaries, above what is known 
as the Stringer dam, including Full Moon cove, Jordan 
pond and Newton pond commonly called Mud pond ; 
and between the first day of April and the first day 
of September in each year during said period no person 
shall take from said lake or its tributaries as aforesaid 
any fish in any manner except with a single hook and 
either a hand line or a line attached to a rod or pole 
held by hand, with bait, artificial fly or spoon. 

Section 2. No person shall take any fish from said '*'*^';' ""' *" '.'•= 
lake or its tributaries as aforesaid during said period of etc., for a 

-, ^j.1 j?ij.iij. certain period. 

five years tor the purpose of sale, trade or barter. 

Section 3. Any person violating any provision of this Penalty, 
act shall be punished by a fine of not less than twenty 
and not more than fifty dollars, or by imprisonment for 
not less than twenty nor more than fifty days, and shall 
be subject to a further penalty of one dollar for each 
fish taken or killed in violation of this act. 

Approved March 14, 1901. 

An Act to incorporate the interstate consolidated street fyi^fy. i ?tq 

RAILWAY COMPANY. ^ * 

Be it enacted, etc., as follows: 

Section 1. John Gordon, R. Henry Hinkley, Clarence interstate 
L. Watson, Everett W. Burdett and Charles A. Snow, gTre'?S'ay 
their associates and successors, are hereby made a cor- |n°™rp*o"rated. 
poration under the name of the Interstate Consolidated 
Street Railway Company, with all the jwwers and privi- 
leges and subject to all the duties, liabilities and restric- 
tions set forth in all general laws now or hereafter in 
force relating to street railway companies, except as 
herein provided. The persons above named shall con- officers, 
stitute the first board of directors of said company, which 
shall have power to increase the number of directors to 
seven, and to accept resignations and fill vacancies in the 



100 



Acts, 1901. — Chap. 159. 



First meeting. 



May acquire 
railways, 
francliises, etc. 
of certain 
company, etc. 



May act as a 
common 
carrier of mer- 
chandise, etc. 



Powers, privi- 
leges, etc. 



board and in any of the offices of the company. They 
shall elect one of their number to be president of the 
board and of the company, and shall elect a clerk, who 
shall be sworn, and a treasurer, who shall give bond with 
sufficient sureties in the sum required by the by-laws, 
for the faithful discharge of his duties. The directors of 
said company, or a majority of them, need not be inhab- 
itants of the towns in which said railway is located. 
The first meeting of the stockholders of said company 
for the adoption of by-laws and the further organization 
of the corporation shall be called in the manner provided 
in the first clause of section forty-five of chapter one hun- 
dred and twelve of the Public Statutes. 

Section 2. Said company is hereby authorized, sub- 
ject to the approval of the board of railroad commission- 
ers, to acquire hy purchase all the railways, equipments, 
franchises, rights and other property, real and personal, 
in this Commonwealth now owned and held by the Inter- 
state Consolidated Street Railway Company, a corpora- 
tion created under the laws of the state of Rhode Island, 
including all locations in the public streets heretofore 
granted by the selectmen of the towns of .Attleborough, 
North Attleborough, "VVrentham and Seekonk, to said 
Interstate Consolidated Street Railway Company of 
Rhode Island, or its predecessors, which locations, when 
so acquired, shall become and be the locations of the 
Interstate Consolidated Street Railway Company hereby 
incorporated, the same as though they had been originally 
granted to and accepted by it or by its directors or a 
majority thereof; and including also the right to act as 
a common carrier of baggage and small parcels of mer- 
chandise, and to carry the United States mail, in the 
manner and subject to the limitations named in chapter 
three hundred and twenty-two of the acts of the year 
nineteen hundred conferring said right upon said Inter- 
state Consolidated Street Railway Company of Rhode 
Island. And with respect to the maintenance, operation 
and extension of said street railways in said towns, and 
to the use and improvement of the property, rights and 
franchises so purchased, and to the acquisition of such 
additional property as may be necessary or convenient 
for the operation of said railways, and otherwise with 
respect to said railways and property, the Interstate 
Consolidated Street Railway Company hereby incor- 



Acts, 1901. — CiiAr. 159. 101 

porated shall have the powers and privileges and be sub- 
ject to the duties, liabilities and restrictions set forth in 
the general laws of this Commonwealth now or here- 
after in force relating to street railways and street rail- 
way companies, except as herein otherwise provided. 

Section 3. Upon the purchase and transfer of the upon the pur. 
railways, equipments, franchises, rights, locations and w^ferof 
other property above mentioned, chapter four hundred rgJtsl^Is.'ro"' 
and forty-eight of the acts of the year eighteen hundred glc'^pt'^'etc. 
and ninety-five shall become void and of no effect, except 
as to any acts theretofore done or liabilities theretofore 
incurred thereunder. The property and franchises afore- 
said shall remain liable, notwithstanding the transfer 
thereof herein authorized, for the debts and obligations 
of said Interstate Consolidated Street Railway Company 
of Rhode Island incurred or existing in this Common- 
wealth, until the same are fully })aid or discharged. 

Section 4. The Interstate Consolidated Street Rail- ^p^t^Jl^ck 
way Company hereby incorporated may from time to «"^ ^""^''' ''*'=• 
time, upon application to and by permission of the board 
of railroad commissioners, issue its ca})ital stock and 
bonds, or the proceeds thereof, to such amounts as may 
be authorized by said board, in payment for the prop- 
erties to be acquired by it as aforesaid, and for any of 
the other purposes for which street railway companies 
are or may be authorized by the general laws to issue 
capital stock and bonds. 

Section 5. Said company may use electricity as a Motive 

x- 1 r ^1 Vl i i • power, etc. 

motive power, and tor that purpose may erect and mam- 
tain poles, wires and other apparatus and devices for 
conducting electricity in, over and under any streets, 
highways, bridges and town ways in any of the towns 
hereinbefore named wherein its predecessors have been 
or it may hereafter be authorized by the selectmen of 
said towns, respectively, to operate its railway ; and may 
sell to or purchase from any other company electricity 
necessary for or incident to the operation of street rail- 
ways. 

Section 6. This act shall take effect upon its passage. 

Approved March 15, 1901. 



102 



Acts, 1901. — Chaps. 1(30, 1()1, 1()2. 



07lCip.l.GO -^^ -^CT KELATIVE TO THE FIRE DEPARTMENT OF THE CITY OF 

NEWliURYPORT. 

Be it enacted, etc., a.s follows: 

Section 1. Chapter fifty-eight of the acts of the year 
eighteen hundred and twenty-nine, and all acts in amend- 
ment thereof, are hereby repealed. 

Section 2. The city of Newburyport is hereby au- 
thorized to establish by ordinance a fire department and 
to make rules and regulations therefor ; and the previous 
action of said city in establishing a fire department and 
in making rules and regulations therefor is hereby rati- 
fied and confirmed. 

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

Approved March 20, 1901. 



1829, 58, etc., 
repealed. 



May eetablish 
a Are depart- 
ment, etc. 



C!}iCip.\G\ An Act to establish the name of the first united presby- 

TEKIAN SOCIETY OF CLINTON AND TO RATIFY ITS PROCEEDINGS. 



Proceedings of 
The First Uuited 
I'resbyterian 
Society of 
Clinton rati- 
fied, etc. 



Be it enacted, etc., as follows: 

Section 1, The acts and proceedings of The First 
United Presbyterian Society of Clinton, organized on 
the sixteenth day of July in the year eighteen hundred 
and ninety-two, shall not be invalidated by any irregu- 
larity or informality in such acts and proceedings be- 
tween the said date and the date of the passage of this 
act ; and the organization of said society and all its acts 
and proceedings are hereby ratified and declared valid; 
and the name of said society is hereby established as 
The First United Presbyterian Society of Clinton. 

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

Approved March 20, 1901. 



Chc(p.\Q>2i An Act to change the times of the sittings of the superior 

COURT FOR CIVIL BUSINESS FOR THE COUNTY OF MIDDLESEX. 



Sittings of 
superior court 
for civil VpubI-' 
nes8, county of 
Middlesex. 



Be it enacted, etc., as follovjs: 

Section 1. The sittings of the superior court for civil 
business for the county of Middlesex now required to be 
held at Lowell on the second Mondays of March and 
September shall hereafter be held on the first Mondays 
of April and October in each year. The sitting of said 
court for civil business for the county of Middlesex now 
required to be held at Cambridge on the second Monday 



Acts, 1901. — Chaps. 1()3, KU. 103 

of December shall hereafter be held on the first Monday 
of January in each year. The sitting- of said court now 
required to be held at Cambridge on the first Monday 
of June shall be discontinued. 

Section 2. This act shall take effect on the first J^ytemberi!* 
day of September in the year, nineteen hundred and one. ly^i. 

Approved March 20, 1901. 

An Act for the better protection of the fisheries in the nifff^^ 16S 

WATERS OF PLEASANT KAY AND ITS TRIBUTARIES IN THE TOWN ^ 

OF ORLEANS. 

Be it enacted, etc., as follows: 

Section 1. No purse or sweep seines, set nets or gill ^•om'pieasant 
nets for the taking of fish shall be set, drawn, used or W-etc, iu 

o ' ... Orleans 

maintained in the waters of Pleasant bay or its tribu- restricted. 
taries in the town of Orleans; but nothing herein con- 
tained shall be construed to forbid or make unlawful 
the maintaining of traps, pounds or weirs under licenses 
heretofore granted in accordance with section seventy 
of chapter ninety-one of the Public Statutes, until the 
expiration of the terms for which such licenses were 
granted. 

Section 2. Any person who shall set, draw, use or Penalty. 
maintain a purse or sweep seine, set net or gill net in 
violation of. this act shall be punished by a fine of not 
less than one hundred nor more than five hundred dol- 
lars, or by imprisonment for a term not exceeding six 
months. Approved March 20, 1901. 

An Act to prohibit the employment of minors lnder eighteen rij,^.j. 1 gj^ 

YEARS OF age IN THE MANUFACTURE OF CERTAIN ACIDS. "' 

Be it enacted, etc., asfoUotos: 

Section 1. No minor under eighteen years of age Employment 
shall be employed in the manufacture of acids when such mam/factnre of 
employment is dangerous or injurious to the health of proMbUe'd.* 
such minor. 

Section 2. The state board of health shall upon the i^*"„\^h\°fcil^^^^^ 
application of any citizen of the Commonwealth deter- mine as to 

^.' „ , •. . . -Ill 1 danger, etc. 

mine, after such investigation as said Iward may deem 
necessary, whether or not the manufacture of a ]iarticu- 
lar acid is dangerous or injurious to the health of minors 
under eighteen years of age; and the decision of said 



104 



Acts, 1901. — Chap. 165. 



Penalty. 



board shall be conclusive evidence whether or not the 
manufacture oj a particular acid is dangerous or injurious 
to the health of such minors. 

Section 3. Any person who employs a minor under 
eighteen years of age in the manufacture of an acid after 
the state board of health has decided that such manu- 
facture is dangerous or injurious to the health of such 
minor shall be punished by a fine of one hundred dollars 
for each offence. Approved March 20, 1901. 



ChdV'^G^ ^^ ''^^^ ^^ AUTHORIZE THE CITY OF NEWTON TO CONSTRUCT A 
SEWER THROUGH A I'ART OF THE TOWN OF NEEDHAM. 



The city of 
Newton may 
construct, etc., 
a sewer 
through a part 
of Needham. 



ProvlBo. 



Damages. 



Be it enacted, etc., as follows: 

Section 1. The city of Newton is hereby authorized 
to construct and maintain a common sewer or sewers 
from the territory of Newton in that part known as 
Newton Upper Falls across the Charles river through 
territory of the town of Needham taken by the Common- 
wealth as a part of the metropolitan park system, and 
again across the Charles river to the territory of the city 
of Newton ; and to take by purchase or otherwise any 
land or rights therein necessary therefor, and to con- 
struct, maintain and use said sewer or sewers for the 
disposal of sewage of the city of Newton and as a part 
of the sewerage system of said city : provided, however, 
that the powers herein granted to the city shall be exer- 
cised by it within, upon or so as to affect said territory 
of the Commonwealth, only with the consent and in the 
manner approved by the metropolitan park commission 
or the board or body to whom the care and control of 
said territory of the Commonwealth may for the time 
be committed. 

Section 2. Any damages occasioned by the taking 
of land or any rights therein, or by the doing of any 
other act authorized hereby, shall be ascertaine<^l and 
recovered as in the case of the laying out of ways or 
streets in the city of Newton. 

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

Approved March 20, 1901. 



Acts, 1901. — Chaps. 1G6, 167. 105 



An Act to pkovide for the betteu pkotection of workmen (^/^^^n^.lGG 

ON iron or steel framed 15UILDINGS. 

Be it enacted., etc., as follows : 

Section 1. Whenever in the erection of an iron or in the erection 
steel framed buikling the spaces between the girders or higTspuces"' 
floor beams of any floor are not filled or covered by the orTooTblams'^ 
permanent construction of said floors before another to be covered, 
story is added to the V)iulding-, then a close plank floor- 
ing shall be placed and maintained over such spaces, 
from the time when the beams or girders are placed in 
position until said permanent construction is applied : 
provided, however, that openings may be left through Proviso, 
said floors for the passage of workmen or material, which 
openings shall be protected by a stout hand railing not 
less than four feet high. 

Section 2. In the construction of any iron or steel fo'^^^p^iJ^^"' 
framed buildino- havinof a clear story of twenty-five feet under beams in 

~ ~ . • 1 1 1 1 n • certain caBes. 

elevation or more a staging with a close plank flooring 
shall be placed under the whole extent of the beams, 
girders or trusses of such story upon which iron or steel 
workers are working, and not more than ten feet below 
the underside of such beams, girders and trusses. 

Section 3. It shall be the duty of the inspectors of Enforcennent 

1T1MT 11 1- • 1 of provisions. 

public buildings attached to the inspection department 
of the Massachusetts district police to enforce the pro- 
visions of this act. 

Section 4. Whoever violates any provision of this Penalty, 
act shall be punished by a fine of not less than fifty 
dollars for each offence. Aiyproved March 20, 1901. 



) the return of births, marriages and f^Jffi^f ^{V7 

ATTIC TM r'TTUTATXr r'TTlfS! -^ 



An Act relathe t( 

deaths in certain cities 

Be it enacted, etc., as follozcs : 

Section 1. Section nineteen of chapter four hundred ^^gi^^;^' ^ ^^* 
and forty-four of the acts of the year eighteen hundred 
antl ninety-seven is hereby amended by striking out the 
whole of the proviso therein and inserting in place thereof 
the following: — jjrovided, that in cities containing more 
than thirty thousand and less than one hundred thousand 
inhabitants said copies shall i»e transmitted on or before 
the first day of April, and that in cities containing one 



106 



Acts, 1901. — Chap. 168. 



Clerks to 
traDBiuit copies 
of records to 
secretary. 



Proviso, 



hundred thousand or more inhabitants said copies shall 
be transmitted on or before the first day of May, — so 
as to read as follows : — Section 19. The clerk of each 
city and town shall annually, on or before the first day 
of March, transmit to the secretary of the Common- 
wealth fair and legible certified copies of the records of 
births, marriages and deaths which have been recorded 
therein during the year ending on the last day of the 
preceding December, together with certified copies, upon 
blanks provided by the secretary, of all such records and 
corrections in records of births, marriages and deaths, 
as may not have ])een j)reviously returned : jn-ovided, 
that in cities containing more than thirty thousand and 
less than one hundred thousand inhabitants said copies 
shall be transmitted on or before the first day of April, 
and that in cities containing one hundred thousand or 
more inhabitants said copies shall be transmitted on or 
before the first day of May. 

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

Approved March 20, 1901. 



Gh(ip.l-GS ^'^ A*^T TO CONSOLIDATE THE METROPOLITAN WATER BOARD AND 
THE ISOARD OF METROPOLITAN SEWERAGE COMMISSIONERS. 



Metropolitan 
Water and 
Sewerage 
Board created. 



Term of office 
of members, etc, 



Be it enacted, etc., as follows : 

Section 1. A board is hereby created which shall be 
known as the Metropolitan Water and Sewerage Board, 
and shall consist of three members, who shall be appointed 
by the governor with the advice and consent of the council. 

Section 2. The term of office of the members of said 
board shall be three years, beginning from the date of 
their appointment, but of the members first appointed 
one shall be appointed for the term of five years, one 
for the term of four years and one for the term of three 
Chairman, etc. years froiTi Said date of appointment. The governor 
shall designate one of the members of said board as 
chairman, and shall also designate the term for which 
each member is appointed. 

Section 3. The chairman of said board shall receive 
a salary of five thousand dollars a year, and each of the 
other members shall receive a salary of forty-five hun- 
dred dollars a year. 

Section 4. The governor shall have power to remove 
any member of said board, with the advice and consent 



Compensation. 



Removals, 
vacancies. 



Acts, 1901. — Chap. 1G9. 107 

of the council, and to fill all vacancies therein, by appoint- 
ing for the remainder of any unexpired term in the same 
manner in which appointments are authorized for a full 
term. 

Section 5. The metropolitan water board and the The metro. 

iin.T, •• 11 politan water 

board of metropolitan sewerage commissioners are herel )y Lard and board 

abolished. All the powers, rights, duties and liabilities Bcwem'gi'com" 

of said metropolitan water board and of said board of ^oHshed^^tc. 

metropolitan sewerage commissioners, and of each of 

them, are hereby transferred to the Metropolitan Water 

and Sewerage Board created by this act. No existino; Existinar con- 

.... . *^ tructs etc 

contracts, liabilities or suits shall be affected hereby, but not affected. 
the board hereby created shall in all respects and for all 
purposes whatsoever be the lawful successor of said met- 
ropolitan Avater board and of said board of metropolitan 
sewerage commissioners. 

Section 6. This act shall take effect upon its passage. 

Approved March 20, 1901. 

An Act to confirm cektaix acts of the methodist episcopal n},r,r>^ IfiQ 
CHUKCn OF marblehead. ^ ' 

Be it enacted, etc., asfoHotvs: 

Section 1. The acts and proceedings of the Trustees certain acts of 
of the Methodist Religious Society in Marblehead, a cor- Episcopa*! '^' 
poration organized under chapter sixty-eight of the acts of Marbieheld, 
the year eighteen hundred and twenty-four, approved Feb- ^^^-^ confirmed. 
ruary twelve, in the year eighteen hundred and twenty- 
five, and of the body or ])ersons incorporated or known 
as the Trustees of the Methodist Episcopal Church of 
Marblehead, shall not be invalidated by any irregularity 
or informality in such acts and proceedings between the 
date of said organization and the date of the passage of 
this act ; and the organization of said corporation and 
all the acts and proceedings of the said corporation and 
of the said body or persons, including the action of said 
corporation in transferring its property to John S. Grant 
and others, trustees of the Methodist Episcopal church, 
under the general laws of Massachusetts, in accoi-dance 
with the disci]>line of the Methodist Episcopal church, 
are hereby ratified and confirmed. 

Section 2. All real and personal ])roperty heretofore orants, 
or hereafter given, granted, bequeathed or devised to ^i"^^**- ***'• 
said Jolin S. (4rant and others, as trustees as aforesaid, 



108 Acts, 1901. — CiiArs. 170, 171. 

Grants, or to any persons as Trustees of the Methodist Relio-ious 

Society for the use of the Methodist Episcopal Church in 
Marl)lehead, or as trustees for the use of the Methodist 
Episcopal Church in Marblehead, or as Trustees of the 
Marblehead Methodist Society, or as Trustees of the Pro- 
prietors of the Methodist Episcopal Church and Meeting 
House in Marblehead, or however otherwise given, con- 
veyed or devised, to or for the use of said religious soci- 
ety, shall vest in the persons and their successors, now or 
hereafter appointed to hold said property, according to 
the discipline and usage of the Methodist Episcopal church, 
under the corporate name of the Trustees of the Methodist 
Episcopal Church of Marblehead. 

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

Approved March 21, 1901. 

CJiOP.ViO ^^ ^CT TO INCORPORATE THE WALTHAM TRUST COMPANY. 

Be it enacted, etc., as follows: 

compa^n'?''^'"'' Section 1. Henrv C. Hall, Harvey P. Bartlett and 
Incorporated. Qbcd C. Shepherd, their associates and successors, are 
hereby made a corporation by the name of Waltham 
Trust Company, with a capital stock of not less than two 
hundred thousand dollars, with authority to establish 
and maintain a safe deposit, loan and trust company in 
the city of Waltham ; 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 such corporations. 

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

Approved March 21, 1901. 

OJian.171 -^^ ^^^ "^^ PROVIDE FOR THE ESTABLISHTHENT IN CITIES OF HOS- 
PITALS FOR PERSONS HAVING SMALLPOX OR OTHER DISEASES 
DANGEROUS TO THE PUBLIC HEALTH. 

Be it enacted, etc., asfolloivs: 
citieB to eBtab. Section 1. Evcry city in the Commonwealth shall 

liah, etc., Isola- i i • i • ^ 

tion hospitals, cstablish Within its limits and keep itself constantly pro- 
vided with one or more isolation hospitals for the recep- 
tion of persons having smallpox or any other disease 
dangerous to the public health. Such hospitals shall be 
subject to the orders and regulations of the boards of 
health of the cities in which they are respectively located. 



Acts, 1901. — Chaps. 172, 173, 171. 109 

Section 2. Whenever a city shall refuse or neglect to Liable to », 
carry into effect the provisions of section one of this act, of'negiect^oT 
after having been requested so to do by the state l)oard '■«^"»'*i' 
of health, it shall be liable to forfeit a sum not exceeding- 
five hundred dollars for each refusal or neglect. 

Approved March 21, 1901. 

An Act to authorize the waxtham hospital to hold addi- (JJmjj Vl^ 

TIONAL liEAL AND PERSONAL ESTATE. 

Be it enacted, etc., asfollotcs: 

Sp]CTioN 1. The Walthani Hospital, incorporated by May hold addi- 
chapter eighty-nine of the acts of the year eighteen hun- personal entate. 
dred and eighty-five, is hereby authorized, for the pur- 
poses set forth in said act, to hold real and personal estate 
of a value which, together with that heretofore authorized 
by law, shall not exceed in the aggregate five hundred 
thousand dollars. 

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

Approved March 21, 1901. 

An Act to transfer the towns of boylston and northbokough njid^) 17'^ 

TO the fourth district of MEDICAL EXAMINERS FOR WORCES- 
TER COUNTY. 

Be it enacted, etc. , as follows : 

Section 1. The tow^ns of Boylston and Northborough ^tn,1erred'to 
shall be included within the fourth district for medical fourth district 

for medical 

examiners in the county ot Worcester. examiners, 

Section 2. So mucli of section two of chapter twenty- county! ^"^ 

six of the Public Statutes as is inconsistent herewith is Repeal- 

hereby repealed. 

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

Approved March 21, 1901. 

An Act relative to the protection of wild fowl. Chai) 174 

Be it enacted, etc. , as follows : 

Section 1. Section one of chapter one hundred and i^^'t. m §i, 

1 amenilcil. 

eighty-four of the acts of the year eighteen hundred and 
ninety-seven is hereby amended by striking out the words 
"any mechanical means ", in the seventh line, and insert- 
ing in place thereof the words : — steam, naphtha, gaso- 
lene, electricity, compressed air or any other similar 



110 



Acts, 1901. — Chaps. 175, 176. 



Killing, etc., 
of wild fowl in 
Boston harbor 
restricted. 



Repeal. 



motive power, — so as to read as follows: — Section, 1. 
Whoever within the limits of that portion of Boston har- 
])or lying westerly and southwesterly of a line running 
from Deer Island to Point AUerton, including the waters 
of Dorchester bay, Quincy bay, Weymouth bay and Iling- 
ham bay, shoots at, kills or pursues any wild fowl from 
or by the aid or use of any l)oat or floating device pro- 
pelled l)y steam, naphtha, gasolene, electricity, com- 
pressed air or any other similar motive power, shall be 
punishable by a fine of twenty dollars for each offence. 

Skction 2. All acts and parts of acts inconsistent Iiere- 
with are hereby repealed. 

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

Approved March 21, 1901. 



ChcU).175 ^^ -'^CT TO AUTHOmZE THE TRUSTEES OF THE TEXTILE SCHOOL OF 

FALL MVER TO CHANGE ITS NAME, 



Name may be 
changed. 



Be it enacted, etc., as follows: 

Section 1. The Trustees of the Textile School of Fall 
River, a corporation organized under chapter two hun- 
dred and ninety-nine of the acts of the year eighteen 
hundred and ninety-nine, is hereby authorized and em- 
powered to change its name to The Bradford Durfee Tex- 
tile School of Fall River. 

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

Approved March 21, 1901. 



(JJiap.VJQ An Act relative to equitable process after judgment in cer- 
tain CASES. 



1898, 549, § 1, 
etc., amended. 



Equitable proc- 
ess after judg- 
ment In certain 
cases. 



Be it enacted, etc. , as follows : 

Section one of chapter five hundred and forty-nine of 
the acts of the year eighteen hundred and ninety-eight, 
as amended by section one of chapter four hundred and 
forty-five of the acts of the year eighteen hundred and 
ninety-nine, is hereby further amended by inserting after 
the word ' ' family ' ', in the twelfth line, and after the 
word "life ", in the twenty-fourth line, the words : — or 
for work or labor performed by the judgment creditor 
for the judgment debtor, — so as to read as follows : — 
Section 1. The clerk of any police, district or municipal 
court of the district in which the debtor resides, or, if the 
debtor does not reside within the district of any police, 
district or municipal court, the clerk of the police, district 



Acts, 1901. — Chap. 17G. Ill 

or mimici])al court held within the county and nearest the Equuabie proc 
town in Avliicli the del)tor resides, except in tlie county of nieia inVertaiu 
Nantucket, and in that county, any trial justice, shall, *'*'''^®' 
upon the filing of an application of the judgment creditor 
in any case, accompanied by an affidavit, made by him 
or by some person in his l)ehalf, that the judgment is 
founded upon a claim for the necessaries of life furnished 
the judgment debtor or his family, or for work or labor 
performed by the judgment creditor for the judgment 
debtor, issue a notice to the judgment delator to appear 
at a time and place named therein, to show cause why 
an examination into his circumstances should not be made 
and a decree be entered ordering him to pay such judg- 
ment in full or by instalments weekly, monthly or other- 
wise. Said notice shall be served by delivering a copy 
thereof to the defendant or by leaving a copy for him 
at his last and usual place of abode, at least seven days 
before the return day thereof. At the time and place court to ascer- 
named in said notice, or at such other time and place as daimretc.^ "^ 
the court may appoint, the court shall first ascertain if 
the creditor's claim is for the necessaries of life, or for 
work or labor performed by the judgment creditor for 
the judgment debtor, as stated in his affidavit, and, if it 
so finds, then an inquiry shall be made by the court, by 
examination of the judgment debtor or otherwise, as to 
his circumstances, his income from any source and his 
ability to pay said judgment ; and if the defendant fails 
to appear at the time and place fixed such inquiry may 
proceed in his absence. If it shall appear that said notice 
has not been served as hereinbefore required, the court 
may continue the proceedings and issue a new notice to 
the debtor. If the court finds that the debtor is not if debtor is not 
able at the time to pay said judgment in full, or by claim "oS 
partial payments from time to time, the court shall enter t^g%Tc!" *"'^" 
a finding to that effect, which finding shall be subject 
to revision at any time thereafter upon like notice and 
inquiry, and upon proof of changed circumstances. But 
in such case the clerk or magistrate shall not issue a 
subsequent notice to the debtor until the creditor, or 
some one in his behalf, has filed and produced in court an 
affidavit setting forth, in substance, the evidence of the 
debtor's change of circumstances upon which he relies 
for a revision, and until the court in its discretion has 
determined that there is occasion for a new inquiry into 



112 Acts, 1901. — Chaps. 177, 178. 

If debtor iB able tlio debtor's circuiTistanccs. If however the court finds 

to pay court ,11 • 1 1 1 • 1 ■ ,• m 1 

may enter that the deotor IS al)le to pay the judgment in lull, or by 
tirae'of p^ay ^ partial payments from time to time, the court may, after 
ment.etc. ^^^^ allowiug the dcbtor out of his income from any source 
a reasonable sum for his OAA^n support and that of his 
family, enter a decree fixing the time, place and amount 
of payments to be made by the debtor on said judgment 
out of the excess of his income, as thus disclosed, above 
said allowance. Ai)proved March 21, 1901. 

Chcip.\77 An Act to authorize the state board of charity to pre- 
scribe THE FORM OF RECORDS KEPT HY OVERSEEltS OF THE POOR 
AND OF REGISTERS KEPT RY MASTERS OF ALMSHOUSES. 

Be it enacted, etc., as follows: 
chaHtyTpr"/ Thc statc board of charity shall prescribe the form of 
recor^8°to"be' ^^^^ records required to be kept by overseers of the poor 
kept by over- under the provisions of section thirty-four of chapter 
poor, etc. eighty-four of the Public Statutes, and also the form of 

register required to be kept by masters of almshouses 

under the provisions of section seventeen of chapter thirty - 

three of the Public Statutes. 

Approved March 21, 1901. 

Ohnn 178 ^^ ^^"^ '^^ PROVIDE for the further protection of wild 

^ ' PIGEONS, GULLS AND TERN. 

Be it enacted, etc., as follows. • 

1886,276. §2, Sectiou two of chapter two hundred and seventy-six 

amen e . ^^ ^^^ ^^^^ ^^ ^^^^ ^^^^^ eighteen hundred and eighty -six 

is hereby amended by striking out the words "between 
the first day of May and the first day of October", in 
the fifth and sixth lines, and inserting in place thereof the 
words : — at any time, — and by adding at the end of 
said section the words : — ^jroi'icZ^^/, hoivever, that this sec- 
tion shall not apply to the great American herring gull 
nor to the great black backed gull betAveen the first day 
of November and the first day of May foUoAving, — so as 
Killing of shore to read as foUoAVS : — Section 2. Whoever takes or kills 

birds restricted, , . i . .-> ^ a.i n j 

killing of wild a plover, snipe, sandpiper, rail, or any oi the so-called 
prohibited.""' shore, marsh or beach birds, betAveen the first day of May 
and the fifteenth day of July, or a Avild or passenger 
pigeon, or a gull, or a tern, at any time, shall be pun- 
ished by a fine of ten dollars for every bird so taken 
Proviso. or killed : provided, however, that this section shall not 



Acts, 1901. — Chaps. 171), 180. 113 

apply to the great American herring gull nor to the great 
black backed gull between the tlrst day of November and 
the lirst day of May following. 

Approved March 21, 1901. 

An Act relative to the keports avhicii certain charitable QJkijj^YJQ 
corporations are required to transmit to the state lioard 
of charity. 

Be it enacted, etc., as follows: 

Chapter two hundred and fifty-nine of the acts of the 'isoo, 259, 
year eighteen hunth-ed and ninety-nine is hereby amended """^ 
by striking out the words "year ending on the thirtieth 
day of September", in the sixth and seventh lines, and 
inserting in place thereof the words : — last financial year 
of said corporation, — so as to read as follows: — Every certain charita- 
charitable corporation the personal property of which is to make an 
exempt from taxation under the third clause of section tothestat^e"'^ 
five of chapter eleven of the Public Statutes and acts in charuy.^ 
amendment thereof shall, on or before the first day of 
Novemljcr in each year, transmit to the state board of 
charity a written or printed report for the last financial 
year of said corporation, showing its property, its receipts 
and expenditures, the whole number and the average num- 
ber of its beneficiaries, and such other information as the 
board may require. Approved March 21, 1901. 



Chap.180 



An Act relative to regulation of fares charged by street 
railway companies. 

Be it enacted, etc., as follows : 

Section 1. Section twenty-three of chapter five hun- isos, 578, § 23, 
dred and seventy-eight of the acts of the year eighteen p.^l.^nVto 
hundred and ninety-eight is hereby repealed; and here- "pi'^^- 
after all proceedings relating to regulation of fares upon 
street railways shall be had under the provisions of chap- 
ter one hundred and twelve of the Public Statutes, the 
provisions whereof, so far as they relate to the changes 
and regulation of fares, are hereby made applicable to 
street railways. 

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

Approved March 21, 1901. 



114 



Acts, 1901. — Chap. 181. 



1900, 276, § 1, 
amended. 



Removal of 
wires, etc., from 
the Btieete of 
Springfield. 



Chap.liSX -^^ ■'^CT RELATIVE TO WIRES AND ELECTRICAL APPLIANCES IN THE 

CITY OF SPRINGFIELD. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
seventy-six of the acts of the year nineteen hundred is 
liereby amended by striking out the Avord " or ", in the 
fifth line, and by inserting after the word "light", in 
the sixth line, the following words : — electric motor and 
power, street railway poAver and feed, and all other, — 
so as to read as follows : — Section 1. The city council 
of the city of Springfield may by ordinance designate 
some, officer or officers of the city, who shall have exclu- 
sive authority to cause to be removed from the streets of 
the city within the district hereinafter prescribed, all tele- 
graph, telephone, electric light, electric motor and power, 
street railway power and feed, and all other wires, cables 
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 Avires, 
cables and conductors to be placed, maintained and op- 
erated in underground conduits. 

Section 2. Section tAvo of said chapter is hereby 
amended by striking out the Avords "telegraph, telephone 
or electric light", in the tAvelfth line, and inserting in 
place thereof the Avord : — such, — and by striking out 
the Avords ' ' telegraph, telephone or electric light ' ', in 
the tAventy-fourth and tAventy-fifth linses, so as to read as 
folio Avs : — Section 2. The proAdsions of this act shall 
apply to that district of the city of Springfield Avhich is 
bounded by a circumference Avhose centre is Court square 
and Avhose radius is tAvo miles in length from said centre. 
And said officer or officers, Avithin thirty days after ap- 
pointment, and in each January thereafter until the Avork 
in the said district is completed, shall prescribe, giving 
public notice thereof in at least tAvo daily ncAvspapers in 
said city, by advertising therein tAvice a Aveek for tAvo 
Aveeks in succession, a part of said district, consisting of 
not less than tliree nor more than five miles of streets, 
Avithin Avhich part all such Avires, cables and conductors, 
except such as are hereinafter excepted, shall, during that 
calendar year, be removed or placed underground; and 



1900, 276, § 2, 
amended. 



To apply to a 
certain district. 



Certain wires, 
etc., to be re- 
moved or 
placed under- 
ground. 



Acts, 1901. — Chap. 181. 115 

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 any poles or 
structures used in the streets to support such wires, cables 
or conductors, except when, in the judgment of said offi- 
cer or officers, it is impracticable or inexpedient to remove 
such wires, cables, poles, conductors or structures; it 
being the purpose and intent of tliis act ultimately to 
cause the removal from public streets, avenues and high- 
ways in said district of all wires, cables and conductors, 
except such as are lierein after excepted. 

Section 3. Section three of said chapter is hereby woo, 276, §3, 
amended by striking out the words "telegmph, telephone ™ 
or electric light ' ', in the third and fourth lines, and insert- 
ing in place thereof the word : — any, — so as to read as 
follows: — Section 3. After a ])art of said district has Not to place 

1 -IT i! • 1 a certain struct- 

been prescribed as aforesaid no person, firm or corpora- uresinpre- 
tion shall place any ])oles or other structures for the sup- except*! etc.*"''*' 
port of any wires, cal)les or conductors, except those iierein 
specially excepted, in any street thereof, except tempo- 
rarily, 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 remain in any such street any 
poles, structures, wires, cables or conductors which said 
officer or officers shall have ordered to be removed or 
placed underground, the said officers 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. Section four of said chapter is hereby i9oo,27fi. §4, 
amended hj inserting after the word " conchictors ", in *°"^° * 
the fourth line, tlie words : — or to street railway trolley, 
guard or span wires, to poles or structures used exclusively 
for the support thereof, — so as to read as follows : — 
Section 4. This act shall not apply to long distance tele- Not to apply to 
])hone wires, or to posts for the support of lamps exclu- lerephMewh-es, 
sively, or to poles used exclusively for local distribution **°- 
from underground Avires, cables or conductors, or to street 
railway trolley, guard or span wires, to poles or structures 
used exclusively for the su]i]wrt thereof, or to poles and 
Avires used for lighting the jiublic streets and pul)lic build- 
ings of the city of S[)ringfield under existing contracts 
with said city, during the continuance of said contracts; 
nor shall it revoke any rights already granted to any per- 



116 



Acts, 1901. — Chap. 182. 



Not to revoke goii, firm OF corporation to place or maintain any conduits, 

certain rights . ' . i 1 •/ ' 

grauted, etc. pipes, wiFGs, caules OF concluctors underground ; but any 
such conduits, ])ipes, wires, cables or conductors laid here- 
after in pursuance of any such grant shall be laid subject 
to the provisions of this act, so far as they are not incon- 
sistent with the terms of such grant. For the purposes of 
this act no wire shall be deemed a long distance telephone 
wire Avhich is not connected with some central telephone 
office in the city, and wdiich does not extend tw^enty-five 
miles at least in a direct line from the central office. 

Approved 3farch 21, 1901. 



Chap.lS2 



May change its 
name. 



Property, etc., 
to vewt in Saint 
Paul's Parish, 
Maiden. 



Certain acts con- 
firmed, etc. 



An Act kelative to saixt Paul's parish, malden. 
Be it enacted, etc., as follows: 

Section 1. The Protestant Episcopal Society of the 
city of Maiden, organized under the general laws and 
under chapter one hundred and thirty-four of the acts of 
the year eighteen hundred and seventy, is hereby author- 
ized to take and be known by the name Saint Paul's 
Parish, Maiden. 

Section 2. All property held by said society under 
said name or under the name of Grace Church, Saint 
Paul's Church, Saint Paul's Church and Parish, or Saint 
Paul's Episcopal Church, or held by any other society of 
which it is the successor, or held by said society under 
any other name whatever, or held for its benefit under 
said name or any other name whatever, and all con- 
veyances or gifts, either of real or personal estate, made 
to it or for its benefit under any of said names, or any 
other name w^hatever, or to said Grace Church or to any 
other society of w^hich it is the successor, are hereby 
vested in and confirmed to it and to its benefit and use 
under the name of Saint Paul's Parish, Maiden. 

Section 3. All acts done by Grace Church, by Saint 
Paul's Church and by the society authorized by said chap- 
ter one hundred and thirty-four to be known as Saint 
Paul's Church and Parish, or however otherwise it may 
be known, are hereby authorized and confirmed under 
whatever name done as if done under the name to which 
the society doing the same was entitled by law\ 

Section 4. This act shall take effect upon its passage. 

Approved March 21, 1901. 



Acts, 1901. — Chaps. 183, 184. 117 



An Act relative to knollwood cemetery. O/itt^^.lSS 

Be it enacted, etc., as foUoivs: 

Section 1. Section six of chapter two liimdred and ^^^^;,^^^j'§^' 
seven of tlie acts of tlie year eigliteen liimdred and ninety- 
eight is hereby amended by adding at the end of said sec- 
tion the words : — provided, liowever, that the owners or 
liolders of bonds or certificates of indel)tedness of such 
cemetery sliall not, by by-hiw or otherwise, 1)g entitled to 
vote for directors, trustees or other officers of such ceme- 
tery, — so as to read as follows : — Section 6. Said cor- offlcere, sale of 

lots etc 

poration may by its by-laws jirovide for such officers as 
may be necessary, and may also provide for the care and 
management of the cemetery and for the sale and convey- 
ance of the use of lots and plats therein and for the care 
and management of any funds which it may hold for the 
benefit and care of said cemetery, and for any other mat- 
ters incident to the proper management of said corpora- 
tion : provided, however, that the owners or holders of Proviso, 
bonds or certificates of indebtedness of such cemetery 
shall not, by by-law or otherwise, be entitled to vote for 
directors, trustees or other officers of such cemetery. 
Section 2. This act shall take effect upon its passage. 

Approved March 21, 1901. 



An Act to provide for the protection of fish in lewis bay 
and its tributaries. 



' CTa^9.184 



Be it enacted, etc., as follows: 

Section 1. No person shall draw, set, stretch or use use, etc., of 
any drag net, or purse or sAveep seine of any kind for ^tteluh^y, 
taking fish anywhere in the waters of Lewis bay and its etc, prohibited. 
tril)utaries in the county of Barnstable. 

Section 2. Any net or seine used in violation of any Nets or seines 
provision of this act shall lie forfeited ; and it shall be etc.'^ ""^ '^^ ^' * 
lawful for any inhabitant or inhalwtants of any town bor- 
dering on said l^ay to seize and detain, for a period not 
exceeding forty-eight hours, any net or seine found in 
use contrary to the jirovisions of this act, to the end that 
the same may be seized and libelled, if need l)e, l)y due 
process of law. 

Section 3. Whoever violates any ])rovision of this act Penalty. 
or aids or assists in \nolating the same shall l)e punished 
by fine not exceeding two hundred dollars for each offence. 



118 



Acts, 1901. — Chaps. 185, 186. 



offe'n^is*^"" '^^ Section 4. District courts and trial justices shall have 
concurrent jurisdiction with the superior court of all 
offences and proceedings under the provisions of this act. 

Ax)proved March 21, 1901 



Chctp.\S5 An Act to provide for the appointment of special district 

POLICE officers WITH AUTHORITY TO RETURN PRISONERS TO THE 
STATE FARM. 

Be it enacted, etc. , as follows : 

Section 1. The governor, on the written recommen- 
dation of the state board of charity, may from time to 
time appoint and commission two or more agents of said 
board as special district police officers, to serve ^vithout 
pay, for terms of three years each unless sooner removed. 

Section 2. Such special district police officers shall 
have authority to return prisoners to the state farm, under 
the provisions of section three of chapter four hundred 
and forty-three of the acts of the year eighteen hundred 
and ninety-eight. 

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

Approved March 26, 1901. 



Agents of state 
board of charity 
may be up- 
pointed, etc. 



May return 
prisonerB to 
state farm. 



P. S. 100, § 1, 
etc., amended. 



Chctp.\^Q> An Act to restrict the sale of native wines in cities and 

TOWNS WHICH refuse TO LICENSE THE SALE OF INTOXICATING 
LIQUORS. 

Be it enacted, etc., as folloivs: 

Section 1. Section one of chapter one hundred of the 
Pul>lic Statutes, as amended by chapter four hundred and 
eighty-nine of the acts of the year eighteen hundred and 
ninety-four, is hereby further amended by adding at the 
end thereof the words : — provided, however, that in cities 
and towns which vote as provided in section five of this 
chapter not to license the sale of intoxicating liquors, 
native wines shall not be sold or exposed or kept for sale, 
except by the makers thereof, on the premises where they 
were made, and they shall be sold not to be drunk on the 
said premises, — so as to read as follows: — Section 1. 
Ko person shall sell, or expose or keep for sale, spirituous 
or intoxicating liquor, except as authorized in this chap- 
ter; but nothing herein contained shall apply to sales 
made by a person under a provision of law requiring him 
to sell personal property, or to sales at wholesale, by the 



Sale of intoxi- 
cating liquors 
regulated. 



Acts, 1901. — Chap. 187. 119 

manufacturers thereof, of cider manufactured i)i this 
Commonwealth, or by farmers in any quantity who raise 
apples sufficient to make the cider which they sell, if the 
same be not drunk on their premises; nor shall anything 
herein contained apply to sales, by the makers thereof, 
of native wines, or of cider manufactured in this Com- 
monwealth, if the cider contain not more than three per 
cent of alcohol by weight at sixty degrees Fahrenheit, 
not to be drunk on their premises: provided, however, Proviso, 
that in cities and towns which vote as provided in section 
five of this chapter not to license the sale of intoxicating 
liquors, native wines shall not be sold or exposed or ke])t 
for sale, except by the makers thereof, on the premises 
wdiere they were made, and they shall be sold not to be 
drunk on the said premises. 

Section 2. Whoever shall sell, or expose or keep for Petiaity. 
sale, native wines in violation of this act shall be pun- 
ished by a fine of not less than fifty nor more than five 
hundred dollars or Ijy imprisonment for not less than one 
month nor more than six months, or Ijy both such fine 
and imprisonment. Approved March 26, 1901. 

An Act to aitthorize the sale ok abandonment of certain ni^^ij^ 1 Q? 

LANDS TAKEN FOR PLAYGROUND PURPOSES IN THE CITY OF BOSTON. ^ 

5e it enacted, etc. , as follows : 

Section 1. The city of Boston is hereby authorized, city of Boston 
upon the recommendation of its ])oard of park commis- certain lantie' to 

,n 1 n • ^ • -\ 1 • the Prepldent 

sioners, to sell and convey, tor a nominal consideration, andFeiiowsof 
to the President and Fellows of Harvard College, all or Seletc.^''^" 
any part of the lands on Washington street in the city 
of Boston heretofore taken by it from the President and 
Fellows of Harvard College for playground purposes, and 
for the taking of which the President and Fellows of 
Harvard College have received no compensation. Said 
conveyance shall vest the title to said lands in the Presi- 
dent and Fellows of Harvard College, their successors and 
assigns, and may he pleaded in reduction of damages in 
any suit for the taking of said land. 

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

Approved March 26, 1901. 



120 



Acts, 1901. — Chaps. 188, 189. 



1900, 325, § 1, 
amended. 



OA«79.188 -^^ "'^CT RFXATIVE TO THE MANUFACTURE AXD SALE OF TEXTILE 
FAIJKICS AND PAPERS CONTAINING ARSENIC. 

Be it enacted, etc. , as follows : 

Section 1. Section one of chapter three hundred and 
twenty-five of the acts of the year nineteen hundred is 
hereby amended by inserting after the word "to", in 
the ninth line, the words: — articles intended for the 
destruction of insects, having the word "Poison " plainly 
printed in un condensed gothic letters not less than one 
inch long on both sides of each sheet and square foot of 
the fabric, or to, — so as to read as follows : — Section 1. 
Any corporation, person, firm or agent who directly or 
by an agent manufactures, sells, exchanges, or has in 
his custody or possession with intent to sell or exchange, 
any woven fabric or paper containing arsenic in any 
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, how- 
ever, that this section shall not ajiply to articles intended 
for the destruction of insects, having the word "Poison " 
plainly printed in uncondensed gothic letters not less than 
one inch long on both sides of each sheet and square foot 
of the fabric, or to dress goods or articles of dress con- 
taining not more than one one hundredth grain, or to 
other materials or articles containing not more than one 
tenth grain of arsenic per square yard of the material. 

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

Approved March 26, 1901. 



Penalty for the 
mauufiictiire 
and Bale, etc., 
of textile 
fabrics, etc., 
containing 
arsenic. 



Proviso. 



(7/irt D.189 An Act to extend the time for constructing and operating 

THE EASTON street RAILWAY. 



Time extended. 



Be it enacted, etc., as folloivs: 

Section 1. The time allowed ])v law for building: and 
putting in operation the road of the Easton Street Rail- 
way Company, or some part thereof, is hereby extended 
to the first day of August in the year nineteen hundred 
and one, and the corporate powers of said company shall 
not be held to have ceased by reason of any failure to 
build and put in operation its road within eighteen months 
after the date of its certificate of incoq^oration. 

Section 2 This act shall take effect upon its passage. 

Apjyroved March 26, 1901. 



Acts, 1901. — Chap. 190. 121 



Ax A.CT TO INCORPORATE THE DODGEVILLE CEMETERY ASSOCIATION. (JJidJ) 190 

Be it enacted, etc. , as folloios : 

Section 1. Franklin P. Holbrook, Henry Carpenter, Bodgeviiie 
Albert I. Atwell, Hugh A. Smith, William JST. (-Joff and Association 
Willard C. Corey, their associates and successors, .|j.q '°'^"''i'"'» <^ • 
hereby made a corporation by the name of Dodgeville 
Cemetery Association, for the purpose of acquiring, hold- 
ing, improving and enlarging, for a place of burial of 
the dead, the grounds now owned by the Dodgeville 
Cemetery Association, or by the trustees thereof, in the 
town of Attleborough ; and said corporation shall have 
all the powers and privileges and be subject to all the 
duties, restrictions and liabilities set forth in all general 
laws now or hereafter in force relating to such corpora- 
tions, except as herein otherwise provided. 

Section 2. The trustees of the existing Dodgeville certain prop. 
Cemetery Association are authorized to ^convey to said beconveye™ ^ 
corporation all the right, title and interest of said associa- *=o'^p'"'**'°°- 
tion, and of themselves, in the grounds now held ])y said 
association, or by its trustees, and all funds and moneys 
belonging to or held by them, and all other property or 
rights appertaining to said cemetery : provided, that a Proviso. 
majority of the members of said association present and 
voting at a meeting called for such purpose shall vote so 
to do; but all individual rights which any persons have 
acquired in said cemetery shall remain valid to the same 
extent as if this act had not been passed. 

Section 3. Said corporation may acquire and hold ^1,'Jfhow'cer. 
other real estate for the purposes of its organization, to tain reai eetate. 
an amount not exceeding twenty thousand dollars in 
value. 

Section 4. The said corporation is authorized to take Grants, be- 
any grant, de\ase, gift or liequest of property upon trust, 'J"*'* "*• ® "• 
to apply the same or the income thereof to the care, im- 
provement, embellishment or enlargement of said ceme- 
tery or of any part thereof, or of any lot therein, or to 
the erection, repair, ]ireservation or removal of any monu- 
ment or other structure therein, in any manner consistent 
with the purposes for which said corporation is estab- 
lished; and whenever any such grant, gift, devise or 
bequest, or any deposit of money, shall be made for the 
repair, preservation or embellishment of any lot or struct- 
ure, said corporation may give an agreement or obliga- 



122 Acts, 1901. — Chap. 191. 

tion in such form and upon such conditions as it may 
establish, binding such corporation and its successors to 
preserve and keep in repair such lot or sti'ucture forever, 
or for such time as may be agreed upon . 
Membership. Skction 5. All the members of the present association 

known as the Dodgeville Cemetery Association may be- 
come members of the said corporation by application to 
the secretary. 
k>tB!e"c.°m"y"^ Section 6. All persoHS now or hereafter owning lots 
become mem- qj. ^ny interest in lots in said cemetery may become mem- 

bei-B, etc. ^ J '' . 

ijers of the cor})oration on application to the secretary ; 
and when any ])erson shall cease to ])e tlie projirietor of 
a lot or of any interest in a lot in tlie lands of the cor- 
poration he shall cease to be a member thereof. 
MieJ'oflotHto''^ Section 7. The net proceeds of sales of lots in the 
be devoted to lauds held by said corporation shall forever be devoted 

improvement, •' . , i , n- i 

etc. to the preservation, improvement, emijellishment, protec- 

tion or enlargement of said cemetery, and to the payment 
of the current and incidental expenses thereof, and to no 
other purpose. 

Officers, care of Section 8. Said corporatlou may by its by-laws pro- 
cemetery, etc. r J J i' 1 _ 

vide for such officers as may be necessary, and define their 
powers and duties, and may also provide for the care and 
management of the cemetery and for the sale of lots 
therein, and for the management of any funds which it- 
may hold for the benefit of said cemetery, and for any 
other matters incident to the proper management of the 
corporation . 

Section 9. This act shall take effect upon its passage. 

Approved March 26, 1901. 



Chajxl^l 



An Act to provide for official copies of engrossed acts 
and resolves of the general court which have become 
illegible. 



Be it enacted, etc., as follows: 



Engrossed Section 1. It shall be the duty of the secretary of the 

tain acts and CoiTimonwealth, whcnevcr original engrossed acts or re- 

reso^ves o e gQ^y^g ^f ^^^q general court shall become illegible, to make 

engrossed parchment copies thereof, similar in all respects 

to the originals, as far as practicable, and duly to attest 

the same. 

To have same Section 2. Such copics SO attcstcd shall have the same 

force and effect -, n> ^ • • i 

as originals. forcc and effcct as the originals. 

Apjyroved March 26 ^ 1901, 



Acts, 1901. — Chaps. 192, 193. 123 

An Act to authomze cities and towns to regulate the speed (Jhnj^ 1 92 

OF cektain vehicles in the streets. * 

Be it enacted^ etc., as follows: 

Section 1. A city or town may by ordinance or by- cities and towns 
law prohibit persons from riding or propelling or causing rp^JoTcenain 
to be propelled, vehicles other than those propelled or gtreeir '" ^^'^ 
drawn by horses or persons, upon any of the streets or 
ways therein, at a rate of speed which it deems inconsis- 
tent with public safety or convenience, and may by or- 
dinance or by-law prescribe penalties for violation of 
such ordinances or ])y-laws, not exceeding one hundred 
dollars line or ten days imprisonment, or by both such 
fine and imprisonment, for any one offence. 

Section 2. Any person violating such ordinances or penalty for 
by-laws may be a])prehended and punished according to lawsfetl^^" 
the terms thereof, in the same manner now provided by 
law for the apprehension and punishment of persons vio- 
lating any ordinances or by-la^vs of cities or towns. 

Approved March 26, 1901. 

An Act to provide for the better protection of EG(i-i'.EAR- r^i -i qo 

ING LOBSTERS. I ' ' ' 

Be it enacted, etc., as folloics: 

Section one of chapter one hundred and nine of the acts isso, loa. §i, 
of the year eighteen hundred and eighty-nine is hereby *™''"'''***- 
amended by adding at the end tliereof the words : — and 
provided, cdso, that exposure for sale, or possession other- 
wise than as provided for herein, shall be prima facie 
evidence of intent to sell, — so as to read as follows : — 
Section 1. Whoever during any season of the year penalty for 
catches or takes, and whoever has in his possession in egg'-'i.l'aHng 
this Commonwealth, with intent to sell, any female lob- i°'^«'«"- 
ster bearing eggs, shall be punished for each offence by 
a fine of not less than ten nor more than one hundred 
dollars, or by imprisonment in the house of correction 
for not less than one nor more than three montlis: pro- provisoH. 
vided, hoioever, that a person catching and taking any 
such lobster and immediately returning it alive to the 
waters from which it was taken, shall not be subject to 
such penalty; iimX provided, also, that this act shall not 
apply to lobsters spaAvning in lobster cars, if they are 



124 



Acts, 1901. — Chaps. 191, 195. 



immediately returned alive to the waters as aforesaid, 
Proviso. and 2>rov{de(l, also, that exposure for sale, or possession 

otherwise than as provided for herein, shall be prima 
facie evidence of intent to sell. 

Approved Jfarch 26, 1901. 

ChcLp.\^4: Ax Act to change the name of the first methodist episco- 
pal CHURCH IN WATERTOWN. 

Be it enacted, etc., as foHoivs: 

Section 1. The name of the First Methodist Episcopal 
Church in Watertown is hereby changed to St. John's 
Methodist Episcopal Church in Watertown. 

Skction 2. All gifts, grants, bequests and devises 
heretofore or hereafter made to said corporation under 
either of said names shall vest in the said St. John's 
Methodist Episcopal Church in Watertown. 

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

Approved March 26, 1001. 



Name changed. 



Grants, be- 
quests, etc. 



(7AttZ?.195 ^^ ^^"^ RELATIVE TO A SYSTEM OF SEWERAGE IN THE TOWN OF 

LEXINGTON. 



1899, 4r.l, §3, 
amended. 



Sinking fund 
commisgioners 
to certify to 
assessors the 
amount neces- 
sary each year, 
etc. 



Be it enacted, etc., as folloivs: 

Section 1. Section three of chapter four hundred and 
fifty-one of the acts of the year eighteen hundred and 
ninety-nine is here])y amended by striking out the whole 
of said section and inserting in place thereof the follow- 
ing : — Section 3. Section eleven of said chapter five 
liundred and four is hereby amended by striking out the 
whole of said section and inserting in place thereof the 
following: — Section 11. The sinking fund commis- 
sioners, until said sewerage loan or loans shall be ex- 
tinguished, shall each year, on or before the first day of 
May, beginning in the year wherein the first contribu- 
tion to the sinking fund is to be made as aforesaid, calcu- 
late and certify to the assessors of said town in writing 
the amount necessary to be raised in order to meet the 
sinking fund requirements for the year, and also the 
amount required to pay the interest falling due therein 
on the outstanding loan or loans. The total so certified 
each year, including both the contribution to the sink- 
ing fund and the interest payments, shall be raised during 
the year, in part by a general town tax and in part by 
a tax upon all the real estate in the sewer district, the 



Acts, 11)01. — Ciiaj>. 196. 125 



same to be assessed by the assessors as hereinafter })ro- 
vided, and to be collected in the same manner as the gen- 
eral town taxes. Assessments shall he made as follows : — ABBesemente. 
Twenty-five per cent of such total yearly amount recjuired 
shall be assessed by the said assessors, without the neces- 
sity of any vote of the town, in the same manner as 
taxes are ordinarily assessed, and shall be made a part 
of the general assessment of taxes for the year. The re- 
maining seventy-five per cent shall be assessed by the 
said assessors, at the valuation fixed by them for general 
taxation, on all real estate in the sewer district abutting 
on said sewers, and the same shall be designated as the 
sewerage tax, and shall be entered as a separate item in 
the tax l)ills. 

Section 2. All acts and parts of acts inconsistent here- Repe.ii. 
with are hereby repealed. 

Section 3. This act shall take effect upon the acce})t- when to take 
ance by the town of Lexington of said chapter four hun- 
dred and fifty-one of the acts of the year eighteen hundred 
and ninety-nine. Approved March 26, 1901. 

An Act relative to pilotage in the harbok of uoston. OJiarj 19(5 
Be it enacted, etc , as foUoivs: 

Section 1. The special regulations for the pilotage of o^eii^j.^' "**"■' 
the harbor of Boston, contained in tlie schedule forming- 
part of chapter one hundred and seventy-six of the acts 
of the year eighteen hundred and sixty-two, as amended 
by section four of chapter three hundred and fifty-one of 
the acts of the year eighteen hundred and seventy -one, 
are hereby amended in the first ]iaragraph of the first 
section thereof, l)y striking out in the first line, the words 
"not less than ", and by adding at the end of the sec- 
tion : — but if and when pilot boats propelled either in 
whole or in part by steam or other motive power are sul)- 
stituted for any of the numlier aforesaid, the pilot boats 
may, with the approval of the pilot commissioners, be 
reduced in number, — so that the whole paragraph shall 
read as follows : — 

There shall l)e five pilot boats constantly employed by Number of 
the Boston pilots; each l)oat shall have a number, which emp^ioyetn*y ^* 
shall be painted in black figures of not less than forty- Bo«t°° p^I"'*. 
eight inches in length, in the mainsail and jib; the num- 
bers of boats and crews of said boats to be regulated by 



126 



Acts, 1901. — Chap. 196. 



Additional 
Btation for Bos- 
ton pilots to be 
established, 
etc. 



Repeal. 



Repeal. 



the commissioners ; but if and when pilot boats propelled 
either in whole or in part by steam or other motive power 
are substituted for any of the number aforesaid, the pilot 
boats may, with the approval of the pilot commissioners, 
be reduced in number. 

Section 2. In addition to the stations now estab- 
lished there shall be a tliird station for Boston pilots for 
iuAvard bound vessels, which shall be established near 
the Boston light-ship; and the inner cruising line of 
this station shall be drawn from Minot's Light to Half- 
Way Kock off Marblehead, and the outer limit of this 
station shall be with the light- ship in sight by day, and 
the lights of said light-ship in sight by night, in clear 
weather. 

This station shall be known as and called the Light- 
ship station. 

The existing regulations of law for the two stations 
already established, known as the Cape Cod station and 
the inner station, shall also apply to the Light-sliip sta- 
tion created by this act. 

The boat of this station shall be one of the three l)oats 
required by existing laws, rules and regulations to cruise 
in Boston bay outside of the limits prescribed for the 
inner station boat. 

Section 3. The following special regulation for the 
port of Boston, namely: "Any commissioned pilot for 
the harbor of Boston that may be found mating or com- 
bining, or in any Avay interested with, any other pilot 
in the business of pilotage, exce]->t with those pilots be- 
longing to the same boat with himself, shall be liable to 
forfeit his commission ", is hereby repealed. 

Section 4. The following special regulation for the 
port of Boston, contained in the schedule forming part 
of said chapter one hundred and seventy-six, to wit : — 
"Any commissioned pilot that shall offer his services to 
any vessel bound into the harl)or of Boston without or 
eastward of a line drawn from Manomet Land, Plym- 
outh, to Thacher's Island, Cape Ann, from the first day 
of November to the thirtieth day of April, inclusive, 
shall be entitled to receive twenty per cent in addition 
to the foregoing rates", is hereby repealed. 

Section 5. Tliis act shall take effect upon its passage. 

Approved March 26, 1901. 



Acts, 1901'. — Chaps. 197, 198. 127 



An Act relative to the use in evidence of deeds given by (J]ici7).\^^ 

TAX COLLECTORS. 

Be it enacted^ etc., as follows: 

Section forty-three of chapter three hundred and ninety isss, 390, § 43, 
of the acts of the year eighteen hundred and eighty- *'"^° 
eight is hereby amended by adding at the end thereof 
the words : — Such deed, after the expiration of five 
years from the date of record thereof, shall be prima facie 
evidence of all the facts therein contained, — so as to 
read as follows : — Section 43. The collector shall exe- collector to 
cute and deliver to the purchaser a deed of the real estate defu^rVdeed 
or rents and profits sold ; which deed shall state the ^° p"''<=^'»««'^- 
cause of sale, the price for Avhich the estate or rents and 
profits were sold, the name of the person on whom the 
demand for the tax was made, the places in the city or 
town where the notices were posted, the newspaper in 
which the advertisement of the sale was published, and 
the place of residence of the grantee, and a warranty that 
the sale has in all particulars been conducted according 
to the provisions of law ; and, if the real estate has been 
sold, shall convey, subject to the right of redemption 
provided for in section fifty-seven, all the right and in- 
terest which the owner had therein at the time when the 
same was taken for his taxes. Such deed, to be valid, need to be 

, •!• ^ • -, p ^ 1 p recorded within 

shall be recorded withm thirty days from the day of thirty days, etc. 
sale. Such deed, after the ex])iration of five years from 
the date of record thereof, shall be prima facie evidence 
of all the facts therein contained. 

Approved March 26, 1901. 

An Act to establish the basis of apportionment of state /^/i^.ilOQ 

AND COUNTY TAXES. ^ 

Be it enacted, etc., as follotvs . 

Section 1. The numl)er of polls, the amount of prop- Basis of appor- 
erty, and the pro])ortion of every one thousand dollars of statra^nd county 
state tax, including polls at one tenth of a mill each, for *^''^^*- 
each city and town in the several counties of the Com- 
monwealth, as contained in the following schedule, are 
hereby estalilished, and shall constitute a basis of appor- 
tionment for state and county taxes until another is 
made and enacted by the general court, to wit : — 



128 



Acts, 1901. — Chap. 198. 



BarnBtalile 
county. 



Polls, Property, and Apportionment of State and Countij Tax 

of rf 1,000. 

BARNSTABLE COUNTY. 









Tax of $1,000, 








iiiclutVg Tolls 


TOWNS. 


I'oUs. 


Property. 


at one tenth 
ofa mill each. 


Barnstable, .... 


1,047 


$4,693,532 00 


$1 48 


Boixrne, . 






507 


2,443,878 00 


76 


Brewster, 






229 


593,465 00 


20 


Chatham, 






571 


947,585 00 


33 


Dennis, . 






668 


1,223,312 00 


42 


Eastham, 






148 


336,607 00 


11 


Falmouth, 






852 


8,314,250 UO 


2 52 


llarwieh. 






680 


1,228,527 00 


43 


INIashpee, 






84 


181,195 00 


06 


Orleans, . 






300 


660,667 00 


22 


Provincetown, 






1,182 


1,902,316 00 


67 


Sandwieh, 






364 


1,043,547 00 


34 


Truro, 






203 


362,530 00 


13 


Wellflect, 






264 


829,062 00 


27 


Yarmouth, 






506 


2,009,425 00 


64 


Total, 






7,585 


$26,769,898 00 


$8 58 



Berkehire 
county. 



BERKSHIRE COUNTY. 



Adams, . 




2,369 


$5,267,004 00 


$1 78 


Alford, . 




83 


182,723 00 


06 


Becket, . 




325 


494,075 00 


18 


Cheshire, 




332 


723,240 00 


24 


Clarksburg, 




282 


237,838 00 


10 


Dalton, . 




757 


3,111,936 00 


98 


Egremont, 




219 


457,596 00 


16 


Florida, . 




110 


150,674 00 


06 


Great Barrington, . 




1,619 


4,401,390 00 


1 45 


Hancock, 




125 


314,629 00 


10 


Hinsdale, 




394 


656,571 00 


23 


Lanesborough, 




230 


466,395 00 


16 


Lee, 




1,020 


1,858,909 00 


65 


Lenox, . 




743 


3,805,762 00 


1 19 


Monterey, 




125 


233,250 00 


03 


Mount Washinii'ton, 




27 


90,681 00 


03 


New Ashlbrd, 




35 


53,234 00 


02 


New Mai'lborough, 




326 


576,314 00 


20 


North Adams, 




5,775 


14,010,501 00 


4 67 


Otis, 




155 


213,541 00 


08 


Peru, 




81 


117,808 00 


04 


Pittstield, 




5,906 


16,291,105 00 


5 35 


Richmond, 




170 


336,769 00 


12 


Sandisfleld, . 




192 


318,073 00 


11 



Acts, 1901. — Chap. 198. 



129 



BERKSHIRE COUNTY— Concluded. 



Berkshire 

county. 









Tax of $1,000, 








includ'g Polls 


TOWNS. 


Polls. 


Property. 


at one tenth 
ofamlUe.ich. 


Savoy, 


150 


$158,429 00 


$0 06 


Sheffield, 








456 


913.233 00 


31 


Stockbridge, . 








496 


3,788,777 00 


1 16 


Tyringham, . 








103 


224,058 00 


08 


Washiuo;ton, . 








106 


243,609 00 


08 


West Stockbridge, 








321 


518,056 00 


18 


Williamstown, 








941 


2,764,673 00 


90 


Windsor, 








149 


1'J3,263 00 


07 


Total, 








24,122 


$63,174,116 00 


$20 88 



BRISTOL COUNTY. 



Bristol county. 



Acushnet, .... 


278 


$678,355 00 


$0 23 


Attleborough, 






3,086 


7,219,803 00 


2 42 


Berkley, . 






241 


429,729 00 


15 


Dartmouth, 








849 


2,964,232 00 


95 


Dighton, . 








474 


818,443 00 


29 


Easton, . 








1,377 


5,583,830 00 


1 77 


Fairhaven, 








950 


2,542,940 00 


84 


Fall River, 








27,904 


75,787,057 00 


24 94 


Freetown, 








372 


931,386 00 


31 


Mansfield, 








1,009 


2.040,426 00 


70 


New Bedford, 






15,875 


62,377,329 00 


19 82 


North Attleborougl 


\, 




2,004 


4,066,461 00 


1 39 


Norton, . 






480 


921,240 00 


32 


Raynham, 








377 


848,268 00 


29 


Rehoboth, 








445 


785,193 00 


27 


Seekonk, 








355 


997,068 00 


33 


Somerset, 








561 


1,102,458 00 


38 


Swansea, 








478 


1,035,669 00 


35 


Taunton, 








8,463 


23,121,640 00 


7 60 


Westport, 








738 


1,677,074 00 


56 


Total, 






• 


66,316 


$195,928,601 00 


$63 91 



COUNTY OF DUKES COUNTY. 



Chilraark, .... 


112 


$227,561 00 


f 08 


Cottage City, .... 


292 


1,683,625 00 


52 


Edgartown, .... 


372 


783,980 00 


27 


Gay Head, .... 


38 


25,680 00 


01 


Gosnold, 


39 


230,723 00 


07 


Tisbury, 


314 


1,035,359 00 


33 


WestTisbury, 


151 


412,915 00 


14 


Total, .... 


1,318 


$4,399,843 00 


$1 42 



County of 
Dukes county. 



130 



Acts, 1901. — Chap. 198. 



Essex county. 



ESSEX COUNTY. 



Property. 



Tax of $1,000, 
iiicliKi'gl'o)ls 
at one tenth 
ofa mill each 



Amesbury, 

Andover, 

Beverly, . 

Boxford, . 

Danvers, 

E.ssex, 

Georgetown, 

Gloucester, 

Grovel and, 

Hamilton, 

Haverhill, 

Ipswich, . 

Lawrence, 

Lynn, . 

Lynnfield, 

Manchester, 

Marblehead, 

IMerriiuac, 

INIethuen, 

Middleton, 

Nahant, . 

Newbury, 

Newburyport, 

North Andover 

Peabody, 

Rockport, 

Rowley, . 

Salem, . 

Salisbury, 

Saugus, . 

Swampscott 

Topsfield, 

Wenham, 

West Newbi;ry 

Total, 



2,661 

1,496 

3,780 

218 

2,178 

490 

557 

7,777 

646 

333 

10,769 

1,093 

16,630 

20,281 

264 

560 

2,260 

673 

1,961 

236 

292 

415 

4,282 

1,234 

3,230 

1,225 

418 

9,809 

403 

1,355 

1,064 

293 

264 

458 



99,605 



$5,488,994 00 

5,715,389 00 

17,542,243 00 

811,371 00 

5,449,023 00 

1,101,235 00 

1,031,126 00 

16,744,477 00 

1,000,968 00 

2,687,782 00 

27,631.878 00 

3,384,717 00 

40,933,477 00 

53,167,271 00 

679,877 00 

10,540,210 00 

6,843,862 00 

1,344,823 00 

5,037,678 00 

564,655 00 

7,250,439 00 

1,192,715 00 

11,100,459 00 

5,000,463 00 

8,609,841 00 

2,849,295 00 

714,023 00 

30,240,228 00 

700,987 00 

3,705,464 00 

6,515,273 00 

945,873 00 

1,093,751 00 

949,760 00 



1288,569,627 00 



fl 87 

1 82 

6 51 

26 

1 81 

37 

36 

5 67 

36 

82 

9 15 

1 10 

13 63 

17 57 

23 



14 
23 
46 
67 
19 
15 
39 
67 
58 
84 
96 
25 
82 
25 
22 
01 
31 
35 
32 



$94 34 



Franklin 
county. 



FRANKLIN COUNTY. 



Ashfield, .... 


295 


$553,956 00 


$0 19 


Bernardston 


216 


430,344 00 


15 


Buckland, .... 


440 


571,271 00 


21 


Charlemont, .... 


314 


346,274 00 


13 


Colrain, 


454 


625,532 00 


23 


Conway, 


395 


676,746 00 


24 



Acts, 1901.— Chap. 198. 



131 



FRANKLIN COUNTY — Concluded. 



Franklin 
county. 



Deerfield, 
Erving, . 
Gill, 

Greenfield, 
Hawley, . 
Heath, . 
Leverett, 
Leyden, . 
Moni'oe, . 
]\Ionta<iue, 
New Salem, 
North field, 
Orange, . 
Rowe, 
Shellmrne, 
Shutesbxuy, 
Sunderland, 
Warwick, 
Wendell, 
AVhatelj, 

Total, 



59G 
265 
232 

2,390 
134 
131 
205 
103 
105 

1,602 
232 
482 

1,704 
196 
447 
119 
258 
162 
143 
273 



11,893 



Properly. 



Tax of $l,0(.iO, 

I intluirg I'olls 

I at one tonlh 

ofa mill each. 



11,394,366 00 
405,581 00 
491,398 00 

6,775,994 00 
146,706 00 
160,769 00 
276,885 00 
200,026 00 
148,211 00 

3,767,705 00 
295,205 00 

1,035,129 00 

3,393,498 00 
230,776 00 
955,389 00 
179,151 00 
453,287 00 
352,998 00 
239,519 00 
451,477 00 



$24,558,193 00 



$0 47 
15 
17 

2 22 
06 
06 
10 
07 
05 

1 26 
11 
35 

1 16 
09 
32 
06 
16 
12 
08 
16 



f8 37 



HAMPDEN COUNTY, 



Agawam, .... 


713 


$1,489,391 00 


$0 51 


Blandford, 






225 


462,674 00 


16 


Brimfield, 






269 


407,387 00 


15 


Chester, . 






401 


772,244 00 


27 


Chicopee, 






4,758 


9,804,053 00 


3 34 


East Longmeadow, 






320 


514,781 00 


18 


Granville, 






250 


369,525 00 


13 


Hampden, 






238 


393,468 00 


14 


Holland, . 






39 


85,777 00 


03 


Holyoke, 






11,278 


42,505,136 00 


13 55 


Longmeadow, 






218 


1,037,996 00 


33 


Ludlow, . 






729 


1,642,224 00 


55 


Monson, . 






992 


2,019,083 00 


69 


Montgomery, . 






82 


139,139 00 


05 


Palmer, . 






2,043 


2,905,009 00 


1 05 


Russell, . 






189 


487,921 00 


16 


Southwick, 






261 


515,978 00 


18 


Springfield, . 






18,322 


78,526,387 00 


24 78 


Tolland, . 






73 


135,606 00 


05 


Wales, . 






231 


268,527 00 


10 



Hampden 
county. 



132 



Acts, 1901. — Chap. 198. 



Hampden 
couuty. 



HAMPDEN COUNTY — Concluded. 



West Springfield, 
Westfield, 
Wilbraham, . 

Total, 



Trope rty. 



1,806 

3,427 

374 



47,238 



$5,415,042 00 

8,768,921 00 

844,085 00 



$159,510,354 00 



Tax of $1,000, 
includ'g I'oUs 
at one tenth 
ofa mill each 



$1 76 

2 91 

28 



?51 35 



Hampehire 

county. 



HAJklPSIHRE COUNTY. 



Amherst, .... 


1,112 


$3,449,122 00 


$1 12 


Bekhertown, . 






569 


884,362 00 


32 


Chesterfield, . 






173 


288,376 00 


10 


Cummin <j:ton, . 






231 


295,542 00 


11 


Easthampton,. 






1,314 


3,117,108 00 


1 04 


Enfield, . 






287 


903.221 00 


29 


Goshen, . 






77 


134,877 00 


05 


Granby, . 






218 


487,626 00 


16 


Greenwich, 






143 


260,429 00 


09 


Hadlev, . 






567 


1,024,688 00 


36 


Hatfield, . 






542 


1,154,956 00 


39 


Huntington, . 






334 


544,484 00 


19 


Mid.ilefield, . 






98 


221,148 00 


07 


Northampton, 






4,308 


12,814,289 00 


4 18 


Pelhani, . 






110 


191,283 00 


07 


Plainfield, 






128 


175,539 00 


06 


Prescott, . 






110 


166,429 00 


06 


South Hadley, 






1,037 


2,855,011 00 


94 


Southampton, . 






266 


•498,946 00 


17 


Ware, 






1,920 


4,538,211 00 


1 52 


Westharapton, 






111 


228,020 00 


08 


Williamsburg, 






486 


920,285 00 


32 


Worthington, . 






185 


294,030 00 


10 


Total, 






14,326 


^35,447,982 00 


$11 79 



Middlesex 
county. 



MTODLESEX COUNTY. 



Acton, 
Arlington, 
Ashby, . 
Ashland, 
Ayer, 
Bedford, . 
Belmont, 
Billerica, 



638 
2,381 
272 
472 
762 
284 
1,042 
688 



$1,908,864 00 

9,314,670 00 

651,413 00 

1,054,789 00 

1,597,257 00 

1,177,167 00 

5,866,899 00 

2,479,930 00. 



$0 62 
2 96 
22 
36 
54 
37 
1 82 
79 



Acts, 1901.— Chap. 198. 



133 



MIDDLESEX COUNTY — Concluded. 



Middlesex 
county. 









Ta.x of $1,(HI0, 


TOWNS. 


Polls. 


Property. 


iiiclud'g Polls 
at one tenth 
ofa mill each. 


Boxborough, . . . , 


92 


$239,110 00 


$0 08 


Biu'liuoton, 








186 


573,344 00 


19 


Cambridge, 








25,117 


100,489,019 00 


31 88 


Carlisle, . 








146 


378,448 00 


13 


Chehuslbrtl, 








1,109 


2,578,264 00 


86 


Concord, 








1,401 


5,354,483 00 


1 71 


Dracut, . 








791 


2,047,263 00 


68 


Dunstable, 








130 


322,916 00 


11 


Everett, . 








6,777 


18,793,843 00 


6 17 


Franiingham, 








3,150 


10,301,769 00 


3 33 


Groton, . 








537 


3,225,783 00 


1 00 


Holliston, 








799 


1,544,967 00 


53 


Hopkinton, 








824 


1,795,042 00 


61 


Hudson, . 








1,662 


3,335,476 00 


1 14 


Lexington, 








1,168 


5,769,389 00 


1 80 


Lincoln, . 








340 


2,552,290 00 


78 


Littleton, 








351 


961,545 00 


32 


Lowell, . 








25,145 


77,068,606 00 


25 04 


Maiden, . 








9,499 


31,850,104 00 


10 26 


Marlborough, 








3,971 


9,533,262 00 


3 18 


Maynard, 








910 


2,132,312 00 


71 


Medtbrd, 








5,104 


21,086,292 00 


6 67 


Melrose, . 








3,650 


13,296,576 00 


4 25 


Natick, . 








2,942 


6,367,000 00 


2 16 


Newton, , 








9,171 


64,754,086 00 


19 84 


North Reading 


r 






249 


555,426 00 


19 


Pepperell, 








1,148 


2,428,100 00 


82 


Reading, 








1,486 


4,693,320 00 


1 52 


Sherborn, 








298 


861,068 00 


28 


Shirley, 








459 


859,566 00 


30 


Somerville, 








16,848 


54,098,305 00 


17 50 


Stoneham, 








1,863 


5,275,038 00 


1 73 


Stow, 








312 


812,021 00 


27 


Sudbiuy, 








360 


1,302,645 00 


42 


Tewksbuiy, 








625 


2,013,538 00 


65 


Townsend, 








575 


1,190,519 00 


41 


Tyngsborough 


, 






209 


496,298 00 


17 


AVakefield, 








2,617 


8,006,008 00 


2 60 


Waltham, 








6,560 


21,316,372 00 


6 89 


A\'atertown, 








2,761 


11,632,650 00 


3 68 


Wayland, 








690 


1,830,758 00 


60 


Westford, 








697 


1,500,339 00 


51 


Weston, . 








549 


5,638,445 00 


1 70 


Wilmington, 








440 


1,085,105 00 


36 


Winchester, 








1,933 


9,394,533 00 


2 94 


Woburn, 








3,891 


10,952,921 00 


3 59 


Total, 






• 


156,081 


$556,345,153 00 


$178 24 



134 



Acts, 1901. — Chap. 198. 



Nantucket 
county. 



NANTUCKET COUNTY. 



TOWNS. 


Polls. 


Property. 


Tax of $1,000, 
includ'g I'olls 
at one tenth 
ofa mill each. 


Nantucket, .... 


888 


$3,409,778 00 


$1 10 


Total, .... 


838 


$3,469,778 00 


$1 10 



Norfolk 
county. 



NORFOLK COUNTY. 



Avon, 


521 


$847,329 00 


$0 30 


Bellin<>^liaiii, 








370 


753,785 00 


26 


Braintree, 








1,080 


5,035,336 00 


1 64 


Brookline, 








5,030 


91,152,751 00 


27 21 


Canton, . 








1,259 


4,599,200 00 


1 47 


Cohasset, 








639 


6,427,940 00 


1 94 


Dedham, 








2,034 


9,498,035 00 


2 98 


Dover, . 








175 


1,023,497 00 


32 


Foxborough, 








852 


2,121,190 00 


71 


Franklin, 








1,260 


3,465,355 00 


1 14 


Holbrook, 








600 


1,411,389 00 


48 


Hyde Park, 








3,200 


10,914,863 00 


3 51 


Medfiekl, 








553 


1,633,007 00 


53 


Medway, 








783 


1,418,381 00 


49 


Millis, . 








202 


714,944 00 


23 


Milton, . 








1,719 


24,708,019 00 


7 41 


Needham, 








1,131 


3,031,816 00 


1 17 


Norfolk. . 








238 


001,581 00 


20 


Norwood, 








1,070 


4,025,415 00 


1 52 


Quincv, . 








0,409 


20,950,071 00 


6 77 


Randolph, 








1,154 


2,209,221 00 


78 


Sharon, . 








532 


1,949,433 00 


62 


Stoughton, 








1532 


3,108,250 00 


1 08 


Walpole, 








1,032 


2,709,086 00 


89 


Wellesley, 








1,030 


10,083,085 00 


3 05 


AVestwood, 








259 


1,366,415 00 


42 


Weymouth, 








3,345 


6,833,521 00 


2 33 


^^'renthanl, 




731 


1,572,000 00 


53 


Total, 






• 


40,666 


$225,552,715 00 


$69 98 



Plymouth 
count}-. 



PLYMOUTH COUNTY. 



Abington, .... 


1,460 


$2,503,175 00 


$0 88 


Bridgewater, .... 


1,262 


2,743,729 00 


93 


Brockton, .... 


11,991 


28,751.178 00 


9 60 


Carver, 


230 


999,431 00 


31 


Duxbury, .... 


558 


1,757,1&4 00 


57 



Acts, 1901. — Chap. 198. 



135 



PLYMOUTH COUNTY— Concluded. 



Plymouth 

county. 









Ta.x of $1,000, 








include Polls 


TOWNS. 


I'olls. 


Property. 


at one tenth 
ofa mill each. 


J^ast Bridgewater, . 


880 


$1,676,655 00 


$0 58 


Halifax, . 




157 


287,149 00 


10 


Hanover, 




587 


1,388,171 00 


46 


Hanson, . 




402 


715,002 00 


25 


Hingham, 




1,199 


4,817,979 00 


1 53 


Hull, 




369 


4,007,347 00 


1 20 


Kingston, 




517 


1,691,354 00 


55 


T^akeville, 




269 


579,987 00 


20 


IVIarion, . 




307 


1,446,139 00 


45 


Marshliekl, 




500 


1,446,377 00 


47 


]\Iattapoiset(. . 




302 


1,757,405 00 


54 


MiLkllel)orou^h, 




2,056 


4,322,164 00 


1 47 


Nor well, 




473 


1,001,745 00 


34 


Pembroke, 




364 


632,091 00 


22 


Plymouth, 




2,453 


8,406,493 00 


2 70 


Plympton, 




155 


340,327 00 


11 


Rochester, 




244 


548,659 00 


18 


Rockland, 




1,738 


3,261,762 00 


1 13 


Scituate, . 




672 


2,728,013 00 


86 


Wareham, 




900 


2,716,846 00 


88 


West Bridgewater, 




441 


1,297,242 00 


42 


Whitman, 




1,946 
32,432 


3,707,131 00 


1 28 


Total, . 




$85,530,715 00 


$28 21 



SUFFOLK COUNTY. 



Boston, 

Chelsea, 

Revere, 

Winthrop, .... 


166,354 
9,521 
2,797 
1,540 

180,212 


$1,179,109,963 00 

24,194,507 00 

10,415,310 00 

7,077,586 00 


$361 28 
8 02 
3 32 
2 22 


Total, .... 


$1,220,797,366 00 


$374 84 



Suffolk county. 



WORCESTER COUNTY. 



Ashbumham, 


451 


$975,078 00 


$0 33 


Athol, 


2,070 


4,342,333 00 


1 48 


Auburn, ..... 


391 


650,592 00 


23 


Barre, 


620 


1,553,917 00 


52 


Berlin, 


251 


522,633 00 


18 


Blackstone, .... 


1,535 


2,679,023 00 


94 


Bolton, 


239 


489,233 00 


17 



AVorceeter 
county. 



13G 



Acts, 11)01.— Chap. 198. 



Worcester 


WORCESTER COUNTY 


— CONTmUED. 




county. 
















Tax of $1,000, 










iiiclud'gPolIs 




TOWNS. 


Polls. 


Property. 


at one tenth 
ofa mill each. 




Boylston, .... 


465 


$422,834 00 


fO 17 




Brookfiekl, 








820 


1,476,601 00 


51 




Charlton, 








548 


973,701 00 


34 




Clinton, . 








3,767 


7,776,130 00 


2 65 




Dana, 








244 


346,602 00 


13 




Douglas, 








696 


1,058,568 00 


37 




Dudley, . 








819 


1,153,314 00 


42 




Fitchburg, 








8,615 


25,479,711 00 


8 31 




Gardner, 








3,319 


5,541,471 00 


1 95 




Grafton, . 








1,232 


2,599,084 00 


88 




Hardwick, 








705 


1,637,632 00 


55 




Harvard, 








309 


1,126,419 00 


36 




Holden, . 








656 


1,318,426 00 


45 




Hopedale, 








872 


4,858,205 00 


1 51 




Hubbardston, 








374 


665,271 00 


23 




Lancaster, 








665 


3,440,877 00 


1 06 




Leicester, 








877 


2,971,760 00 


96 




Leominster, 








3,534 


7,750,347 00 


2 G2 




Lunenbiu-g, 








340 


931,845 00 


31 




iMendon, . 








254 


564,105 00 


19 




Milford, . 








3,599 


5,851,075 00 


2 07 




Millbury, 








1,169 


2,272.416 00 


78 




New Braintree, 






176 


448,650 00 


15 




North Brookfiekl, 






1,288 


2,027,289 00 


72 




Northborough, 






596 


1,365,775 00 


46 




Northbridge, . 






2,015 


4,584,825 00 


1 54 




Oakham, 








190 


318,601 00 


11 




Oxford, . 








774 


1,542,941 00 


53 




Paxton, . 








109 


298,748 00 


10 




Petersham, 








245 


646,957 00 


21 




Phillipston, 








138 


278,238 00 


10 




Princeton, 








296 


900,672 00 


29 




Rojalston, 








242 


677,383 00 


19 




Rutland, . 








283 


606,203 00 


20 




Shrew^sbury, 








465 


1,274,705 00 


42 




Southborough 








511 


1,809,444 00 


58 




Southbridge, 








1,840 


4,861,041 00 


1 60 




Spencer, 








1,890 


3,984,121 00 


1 35 




Sterling, . 








400 


916,294 00 


31 




Sturbridge, 








499 


963,206 00 


33 




Sutton, . 








716 


1,208,824 00 


42 




Templeton, 








1,050 


1,424,769 00 


52 




Upton, . 








613 


1,340,492 00 


45 




Uxbridge, 








1,072 


2,347,053 00 


79 




"Warren, . 








1,218 


1,947,225 00 


69 




Webster, 








2,323 


5,932,401 00 


1 97 




West Boylston, 




645 


941,250 00 


34 



Acts, 1901. — Chap. 199. 



137 



WORCESTER COUNTY — Concluded. 



"Worcester 
couuty. 



TOWNS. 


Polls. 


Property. 


Tax of $1,000, 
includ'g Polls 
at one tenth 
ofa mill each. 


West Brookfield, . 
'\>'estborough, 

AVestininster, .... 
Winchendon, .... 
Worcester, .... 


.879 
' 1,439 

394 

1,524 

33,713 


$825,630 00 

3,063,916 00 

803,108 00 

2,649,979 00 

123,372,802 00 


fO 28 

1 04 

27 

93 

39 43 


Total, .... 


96,279 


$264,691,745 00 


$86 99 



RECAPITULATION. 



Recapitulation. 









Tax of $1,000, 








inclinlg Polls 


COUKTIES. 


Polls. 


Property. 


at one tenth 






ofa mill each. 


Barnstable, .... 


7,585 


$26,769,898 00 


■ $8 68 


Berkshire, 






24,122 


63,174,116 00 


20 88 


Bristol, . 






66,316 


195,928,601 00 


63 91 


Dukes County, 






1,318 


4,399,843 00 


1 42 


Essex, 






99,605 


288,569,627 00 


94 34 


Franklin, 






11,893 


24,558,193 00 


8 37 


Hampden, 






47,238 


159,510,354 00 


51 35 


Hampshire, . 






14,326 


35,447,982 00 


11 79 


]VIiddlesex, 






156,081 


556,345,153 00 


178 24 


Nantuc-ket, 






838 


3,469,778 0!) 


1 lu 


Norfolk. . 






■ 40,666 


225,552,715 00 


69 98 


Plymouth, 






32,432 


85,530,715 00 


28 21 


Sutiblk, . 






180,212 


1,220,797,366 00 


374 84 


Worcester, 






96,279 
778,911 


264,691,745 00 


86 99 


Total, . 






$3,154,746,086 00 


$1,000 00 



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

Approved March 26, 1901. 



An Act relative to highways in the city of boston. 
Be it enacted, etc., as foUoivs: 

Section 1. The city of Boston may from time to 
time, by an affirmative vote of two thirds of all the mem- 
bers of each branch of its city council, taken by a call 
of the yeas and nays, authorize the treasurer of the city 
to issue and sell bonds within the debt limit, and to use 



CJiajJ.ldO 



City of Boston 
may issue, etc., 
bonds, pro- 
ceeds to bo 
used for paying 
expenses of 
constructing 
highways, etc. 



138 Acts, 1901. — Chaps. 200, 201. 

the proceeds thereof for paying the expenses incurred 
in laying out, locating anew, altering, widening or con- 
structing highways and sewers 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 or in addition thereto ; such proceeds 
to be used as an addition to the amounts heretofore au- 
thorized for paying said expenses. 

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

Approved March 26, 1901. 

Chci,p.2i00 A.N Act kepealixg ax act kequiking certain ketuuxs i{E(;ai{d- 

ING STEAM liOlLERS TO UE MADE BV ASSESSORS TO THE TAX COM- 
MISSIONER. 

Be it enacted, etc., as follows: 

repeaild! ^'^' Section 1, Sectlou nincty-two of chapter eleven of 

the Public Statutes, providing that certain returns con- 
cerning steam boilers shall be made by assessors to the 
tax commissioner, is hereby repealed. 

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

Ajyjyroved March 26, 1901. 

Chcfp.20\ An Act relative to town meetin<;s ix the towx of krook- 

LINE. 

Be it enacted, etc., as folloivs: 

ul'e^dutdoo^at^ Section 1. Except as hereinafter provided, at all 
iu'iirookuue^'' town meetings held in the town of Brookline the check 
«''=• list shall be used at the door, and the name of each voter 

shall be checked in ink thereon before he is permitted 
to enter, by officers appointed by the selectmen for that 
rrovuo. purpose : provided, that at original annual town meet- 

ings and at meetings for the election of state or national 
officers the check lists required by the election laws shall 
be sufficient. None but registered voters of the toAvn 
shall be admitted to said meetings. Separate check lists 
shall 1)6 used at all town meetings and at all adjourned 
town meetings. The check list used at any meeting as 
aforesaid shall forthwith be filed by the officer in charge 
thereof with the town clerk, who shall immediately de- 
termine therefrom the number admitted to said meeting, 
and shall make a record thereof with the record of said 
meeting, Avhich record shall have the same legal force 
and effect as the record of the proceedings of said meet- 



Acts, 1901. — Chap. 201. 139 

ing. All check lists shall be preserved by the town clerk pJ'eTervid^u:^^ 
until at least twenty clays after the final adjournment or 
dissolution of the meeting- at which they were used, and 
shall be open to public inspection. 

Section 2. Instead of the use of the check list as here- system of reg- 
inbefore provided the town may adopt a system of regis- ltueTmay"be 
tering turnstiles for determining the number of registered adopted, etc. 
voters admitted to town meetings. The selectmen shall 
appoint officers who shall have charge of such turnstiles, 
and who shall from them determine the number of per- 
sons admitted to each meeting, and who at the adjourn- 
ment thereof shall make a return in writing to the town 
clerk under oath, which may be administered by him, of 
the number of persons who have been admitted to such 
meeting as registered by said turnstiles. The toAvn clerk 
shall immediately make a record of such return in the 
records of the meeting, which record shall have the same 
legal force and effect as the records of the proceedings of 
the meeting. All such returns shall be preserved by the Returns to be 
town clerk until at least twenty days after the final ad- p"'^^"''* •*""• 
journment or dissolution of the meeting to which they 
relate, and shall be open to public inspection. 

Section 3. Any vote passed at an original town meet- certain votes 
ing to which seven hundred or more legal voters shall mtuedfVr ' 
have been admitted, and any vote passed at an adjourned eubeeque "t"* * 
town meeting to which seven hundred or more legal *o^" '""eting, 
voters shall have been admitted, shall, upon petition, be 
submitted to the voters at large for ratification at a sub- 
sequent town meeting as hereinafter provided, except 
that votes for moderator, or for any town, county, state 
or national officer, or on any proposition on which by 
any special or general law of the Commonwealth a yea 
or nay vote by the voters of said town at large is required 
to be taken by liallot, shall be final. No vote subject 
to ratification under the j^ro visions of this act shall take 
effect until the expiration of the time herein limited for 
filing a petition for ratification ; nor, if such petition be 
filed, until after such vote shall l)e ratified in the manner 
hereinafter provided. 

Section 4. If within five days from the final adjourn- caiung of sub- 
ment or dissolution of such town meeting a petition meetings^^c. 
addressed to the selectmen shall be filed with the toAvn 
clerk, signed by at least one hundred legal voters of the 
town, requesting that any vote or votes passed at such 
meetino: as aforesaid be submitted to the voters of tlie 



14:0 



Acts, 1901. — Chap. 201. 



Calling of sub- 
sequent town 
meetings, etc. 



Vote receiving 
a majority of 
votes cast to be 
cousiciered 
ratified, etc. 



Proviso. 



Petitions to be 
examined by 
town clerk, 
etc. 



Petitions to be 
preserved, etc. 



Selectmen to 
prepare ballots, 
etc. 



town at large for ratification, then the selectmen shall, 
after the expiration of said five clays, forthwith call a 
town meeting for the sole purpose of submitting said 
vote or votes, except the final votes before mentioned, 
for such ratification to said voters at large. In case two 
or more votes passed at a town meeting relate to one 
subject-matter, and a petition is filed as aforesaid for the 
ratification of one or more of such votes, the selectmen 
may in their discretion submit, in addition to those for 
which petitions are filed, any or all of the votes relating 
to the same subject-matter, and for this purpose a vote 
to borrow money shall be lield to relate to the same sub- 
ject-matter as the vote or votes to appropriate the money 
to l)e thus borrowed. The polls shall be opened at two 
o'clock in the afternoon, and shall be closed not earlier 
than nine o'clock in the afternoon, and a vote shall be 
taken by ballot upon the question, "Shall the following 
vote (or votes) passed at the town meeting (or at the 
adjourned town meeting) held on the day of 

19 , be ratified? Vote: ". Any vote or votes sub- 
mitted for ratification as aforesaid receiving a majority 
of the votes cast thereon shall l^e considered to be rati- 
fied, otherwise said vote or votes shall have no force or 
effect : 'provided^ that if any vote required for its original 
passage more than a majority of the votes cast then a 
like proportion of votes shall be required for ratification. 

Section 5. Every petition filed as aforesaid shall 
forthwith be examined by the town clerk, who shall 
ascertain therefrom the number of legal voters whose 
signatures are attached thereto, and shall make a record 
thereof, and such record, together with a copy of the 
petition exclusive of the names affixed thereto, shall be 
inserted in the record of the meeting called for ratifica- 
tion of the vote or votes named in the petition, which 
record shall have the same leg^al force and effect as the 
record of the proceedings of such meeting. All such 
petitions shall be preserved by the town clerk until at 
least twenty days after the final adjournment or dissolu- 
tion of said meeting, and during that period shall be open 
to public inspection. 

Section 6. It shall be the duty of the selectmen of 
the town to prepare the ballots to be used at such town 
meetings, and the conduct of such meetings shall be 
under their charge, subject to the laws relating to elec- 
tions, so far as the same may be applicable thereto. 



Acts, 1901. — Chap. 202. Ml 

Section 7. A meeting shall be held for the purpose Question of 
of submitting the question of the acceptance of this act eui.mHtedVo° ''° 
to the legal voters of the town at any time within two '^°*''">e'=- 
years after the passage hereof. At such meeting the 
polls shall be open not less than eight hours, and the vote 
shall be taken by ballot as in the case of the annual town 
election, in answer to the question, "Shall an act passed 
by the general court in the year nineteen hundred and 
one, entitled ' An Act relative to town meetings in the 
town of Brookline ' be accepted?" and the affirmative 
votes of a majority of the voters present and voting 
thereon shall be required for its acceptance. If at any 
meeting so held this act shall fail thus to be accepted it 
may at the expiration of three months from any such 
previous meeting thus be submitted again for acceptance, 
but not after the period of two years from the passage 
of this act. 

Section 8. So much of this act as authorizes the sub- when to take 
mission of the question of its acceptance to the legal 
voters of the town shall take effect upon its passage, but 
it shall not take further effect unless accepted by the legal 
voters of the town as herein prescribed. 

Approved March 26, 1901. 

An Act to provide for the protection of dairymen. C'han '^O'^ 

Be it enacted, etc., as foUoivs : 

Section 1. All bottles, pipettes or other measuring Meapurinir 
glasses used by any person, firm or corporation, or by drtermicfng '° 
any employee or agent thereof, at any creamery, cheese or cr^eam to'L 
factory, condensed milk factory, milk depot or other tested, etc. 
place, in this state, in determining by the Babcock test, 
or by any other test, the value of milk or cream received 
from different persons or associations at such creameries, 
factories or milk depots as a basis of payment for such, 
milk or cream, shall before use be tested for accuracy. 
Such bottles, pipettes or measuring glasses shall bear 
in ineffaceable marks or characters the evidence that 
such test has been made by the authority named in sec- 
tion two of this act. No inaccurate bottles, pipettes 
or glasses shall bear such marks or characters, but when 
found inaccurate shall be marked "Bad." 

Section 2. It is hereby made the duty of the director By whom test 
of the Hatch experiment station of the Massachusetts lu!^ '"" '"'"'^* 
Agricultural College, or of some competent person desig- 



142 



Acts, 1901. — Chap. 202. 



Machines used 
for testing milk 
or cream to be 
inspected an- 
nually, etc. 



Tests for cer- 
tain purposes 
not to lie manip- 
ulated without 
certificate, etc. 



Fee for issuing 
certificates. 



Certain samples 
of milk or 
cream to be 
tested by the 
Babcock 
method, etc. 



Certain infor- 
mation to be 
published, etc. 



nated by him, to test all l)ottles, pipettes or other meas- 
uring glasses, as required by section one of this act. The 
director of the experiment station shall receive for such 
service the amount of the actual cost incurred, and no 
more, the same to be paid by the persons or corporations 
for whom it is rendered. 

Section 3. Within six months after this act takes 
effect, and once each year thereafter, the director of the 
Hatch experiment station, or his authorized agent, shall 
inspect at the expense of the owners all centrifugal or 
other machines used l)y any person, firm or corpora- 
tion, or by any agent or employee thereof, for the test- 
ing of milk or cream in fixing the value thereof; and 
the director of the experiment station or his authorized 
agent shall cause all such machines to be put in conchtion 
to obtain accurate results with the Babcock test or other 
tests, at the expense of the owners thereof. Such 
machines may be replaced by new ones at the option 
of the persons to whom they belong. 

Section 4. No person shall, either by himself or in 
the employ of any other person, firm or corporation, 
manipulate the Babcock test, or any other test, whether 
mechanical or chemical, for the purpose of measuring 
the butter fat contained in milk or cream as a basis for 
determining the value of such milk or cream, or of butter 
or cheese made from the same, without first obtaining 
a certificate from the director of the Hatch experiment 
station that he or she is competent to perform such work. 
Eules governing applications for such certificates and the 
granting of the same shall be established by the said 
director. The fee for issuing such a certificate shall in 
no case exceed' two dollars, the same to be paid by the 
applicant to the said director, to be used in meeting the 
expenses incurred under this act. 

Section 5. It shall be the duty of the director of the 
Hatch experiment station to test farmers' samples of milk 
or cream by the Babcock method, and report the results 
of each test, the cost of such test to be paid by the 
farmer. The director shall also test by the Babcock 
method, samples of milk or cream sent from any cream- 
ery, factory or milk depot in the state by its proper rep- 
resentative, the actual cost of such tests to be borne by 
the sender. The experiment station shall publish and 
distribute such information concerning the Babcock test, 



Acts, 1901. — Chaps. 203, 204. 143 

and the taking and forwarding of samples, as it deems 
necessary under this section. 

Section 6. Any person viohiting any provision of this Penalty, 
act shall be lined not moi'e tlian twenty-live dollars for 
the first offence and not more than tifty dollars for each 
subsequent offence. 

Skction 7. This act shall take effect on the first day 'lo take effect 
of Jnly in the year nineteen hundred and one. "^ ' 

Approved March 26, 1901. 

An Act to aiithorize the city of evekett to incur indebt- f^Jinj^ '^QS 

EDNESS FOK SEWER PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The city of Everett, for the purpose of ^^^^ Actor 
extending and completing its system of sewerage and i9oi-' 
sewage disposal, and for the purchase of lands necessary 
therefor, may incur indebtedness beyond the limit fixed 
by law to an amount not exceeding one hundred thousand 
dollars, and may from time to time issue bonds, notes or 
scrip therefor. Such bonds, notes or scrip shall be pay- 
able within such period, not exceeding thirty years from 
the date thereof, as the city council with the approval of 
the mayor may determine. The said bonds, notes or 
scrip shall be denominated on the face thereof, Everett 
Sewer Loan, Act of 1901, and shall be signed by the 
mayor and treasurer of the city. Except as herein other- p. s. 29, etc.. 

to bddIv 

wise provided the provisions of chapter twenty-nine of 
the Public Statutes and of all acts in amendment thereof 
and in addition thereto shall, so far as they may be ap- 
plicable, apply to the indebtedness hereby authorized 
and to the securities issued therefor. 

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

Ax>proved March 26, 1901. 

An Act to provide additional sewerage facilities for the riiyf^r.^ 204 

CITY OF NEWTON AND THE TOWN OF BROOKLINE. ^ 

Be it enacted, etc., as foUoius: 

Section 1. The metropolitan water and sewerage Metropolitan 
board shall extend the metropolitan sewer from a branch extended. ^ 
in St. Joseph's cemetery in AVest Roxbury to and across 
the boundary line between Newton and Brookline, in 
the manner best adapted to serve the sewerage needs of 
those municipalities. 



144 



Acts, 1901. — Chap. 204. 



Newton and 
Brookline, etc., 
may make con- 
nections with 
Bewerso 



The metropoli- 
tan water and 
sewerage board 
to exercise cer- 
tain authority, 
etc. 



Metropolitan 
Sewerage Loan, 



Section 2. The city of Newton and the toAvn of Brook- 
line, and any persons and corporations, may, subject to 
the control and under the direction of the said board, 
make connections with any sewers constructed l)y the 
board under the authority of this act. 

Section 3. In making said extension and in receiving 
sewage from said districts, and in any action relating 
thereto, and for the purpose of constructing and main- 
taining said additional main lines of sewer, the said board, 
acting on behalf of the Commonwealth, shall have and 
exercise all the authority conferred by chapter four hun- 
dred and thirty-nine of the acts of the year eighteen 
hundred and eighty-nine, by chapter four hundred and 
six of the acts of the year eighteen hundred and ninety- 
five, and by acts in amendment thereof and in addition 
thereto regarding the original system or anything relat- 
ing thereto, and by chapter one hundred and sixty-eight 
of the acts of the year nineteen hundred and one; and 
all the provisions of said chapters are hereby made ap- 
plicable to this additional 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, Avith the approval of the governor and council, 
issue scrip or certificates of debt, in the name and behalf 
of the Common Avealth and under its seal, to an amount 
not exceeding forty thousand dollars, for a term not 
exceeding forty years. Sucli scrip or certificates of debt 
shall be issued as registered bonds or with interest cou- 
pons attached, and shall bear interest at a rate not ex- 
ceeding four per cent per annum, payable semi-annually 
on the first days of March and September in each year. 
The said interest and scri]i or certificates shall be pa^'^able 
and Avhen due shall be paid in gold coin or its equivalent. 
Said scrip or certificates of debt shall be designated on 
their face. Metropolitan ScAverage Loan, shall be counter- 
signed by the governor, and shall be deemed a pledge of 
the faith and credit of the CommouAvealth^ redeemable 
at the time specified therein, in gold coin or its equiva- 
lent, and 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 rate of interest, not exceeding 
four per cent per annum, as the treasurer and receiver 
general Avith the appro A^al of the governor and council 



Acts, 1901. — Chap. 205. 145 

shall deem for the best interests of the Commonwealth. 
Any scrip or certificates of debt issued under the pro- 
visions of this act shall be considered as an addition to 
and shall become a part of the loan authorized by chap- 
ter four hundred and six of the acts of the year eighteen 
hundred and ninety-five and acts in amendment thereof 
and in addition thereto. 

Section 5. The interest and sinking fund require- raymentof 
ments 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 l)e 
deemed and paid as a part of the interest, sinking fund 
requirements and costs specified in said chapter four hun- 
dred and six and acts in amendment thereof and in ad- 
dition thereto; and the sinking fund established under 
the provisions of said chapter shall be a sinking fund for 
the extinguishment of the debt authorized by this act, 
said funds to be increased in the following- manner : — 
The treasurer and receiver general shall from year to 
year, beginning with the year nineteen hundred and one, 
apportion to said sinking fund an amount sufficient with 
its accumulations to extinguish the debt at maturity ; 
and in making the assessment for the increase of said 
sinking fund upon the several cities and towns liable 
thereto such proportions of the whole amount shall be 
assessed in each year as will harmonize with the propor- 
tions to be assessed on account of the sinking fund for 
loans now outstanding for the Keponset river valley 
metropolitan sewer system. Any premium realized from 
the sale of said scrip or certificates of debt shall be ap- 
plied to the payment of the interest on said loan as it 
accrues. 

Section 6, This act shall take effect when the town when to take 
of Brookline appropriates money to construct a sewer or 
sewers in said town to connect with the extension of the 
metropolitan sewer provided for by this act. 

Aj^proved March 26, 1901. 



CJiap.205 



An Act i:elative to the gkade ckossing of the old coeony 

KAILKOAD AND THE EAST TAUNTON STREET KAILWAY AT CHACE'S 
CROSSING IN THE CITY OF TAUNTON. 

Be it enacted, etc., as foUoivs: 

Section 1. The East Taunton Street Railway Com- The East Taun- 
pany may, by intervention, at any time within thirty wayc'ompaify* 



146 



Acts, 1901. — Chap. 205. 



may become a 
party to certain 
petitions for the 
abolition of cer- 
tain grade 
crossings. 



Ifay construct, 
etc., its railway 
across track of 
the Old Colony 
railroad, etc. 



Proceedings so 
far as relates to 
certain cross- 
ings to be had 
Independently, 
etc. 



Payment of 
cost, etc. 



days from the time when this act takes effect, become 
a party to the consolidated petitions of the mayor and 
aldermen of the city of Taunton in the county of Bristol 
for the abolition of certain grade crossings in Taunton, 
so far as such petition s relate to the abolition of the grade 
crossings of Richmond street and of Middleborough 
avenue at Chace's crossing, so-called. And thereupon, 
pending the abolition of said Chace's crossing on Mid- 
dleborough avenue and proceedings therefor under the 
provisions of this act, said street raihvay company may 
construct and maintain its railway across the track of the 
Old Colony railroad at said Chace's crossing at the same 
level therewith, in such manner, for such length of time, 
and subject to such restrictions and regulations as to its 
use, as the railroad commissioners may prescribe. 

Section 2. Upon the intervention of said railway 
company, as above provided, the proceedings under said 
petitions, so far as they relate to the abolition of said 
grade crossings on Richmond street and on Middle- 
borough avenue at Chace's crossing, shall be had inde- 
pendently of and apart from the proceedings as to the 
other grade crossings designated in said petitions, and 
shall be treated as and be a separate and distinct case. 
And if, after such intervention, the commissioners ap- 
pointed by the court under said petitions shall decide 
that the abolition of said grade crossings on Richmond 
street and on Middleborough avenue at Chace's crossing 
is necessary, the said railway company shall pay such 
part of the total actual cost of the abolition of said grade 
crossing on Middleborough avenue at Chace's crossing, 
including in such cost the cost of the hearing, the com- 
pensation of the commissioners and auditor for their ser- 
vices, and all damages, including those mentioned in 
section five of chapter four hundred and twenty-eight 
of the acts of the year eighteen hundred and ninety, as 
amended by subsequent acts, as said commissioners may 
find to be just and equitable and may prescribe in their 
report. The remainder of such cost shall be apportioned 
between the Old Colony Railroad Company, the city of 
Taunton, and the Commonwealth, as provided in said 
chapter four hundred and twenty-eight, and in the acts 
in amendment thereof and in addition thereto. The 
amount to he paid by said street railway company shall 
be apportioned by the auditor in his report of expenses, 



Acts, 1901. — Chaps. 206, 207. 147 

and shall be ordered by the court to be paid in the same 
manner as the amount to be paid by the Commonwealth, 
the city, and the railroad company. In all other respects 
the proceedings under said petitions and the rights and 
liabilities of the parties in interest shall be as specified in 
said chapter four hundred and twenty-eight, and in the 
acts in amendment thereof and in addition thereto. 
Section 3. This act shall take effect upon its passage. 

Aj^jyroved March 27, 1901. 

An Act to authorize the trustees of tufts college to (JJ^f^fj^ 206 

ESTABLISH AND MAINTAIN A HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The Trustees of Tufts College, a corpora- Trustees of 
tion created by chapter one hundred and forty-one of may e^tabhfh, 
the acts of the year eighteen hundred and fifty-two, is etc., a hospital, 
hereby authorized to establish and maintain a hospital 
for the reception and care of persons who may need 
medical or surgical treatment during sickness or while 
suffering from an injury; and said corporation may ac- 
quire by gift, devise or purchase, any hosjiital now or 
hereafter esta])lished under the laws of the Common- 
wealth for the purposes aforesaid, and may thereafter 
maintain any hospital so acquired. 

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

Ajwoved March 27, 1901. 



Chap.^Ol 



An Act to authorize the city of brockton to issue addi- 
tional WATER BONDS. 

Be it enacted, etc., as folloios: 

Section 1. The city of Brockton, for the purposes Brockton water 
mentioned in section four of chapter one hundred and ^°''"" 
twenty-four of the acts of the year eighteen hundred 
and seventy-eight, may issue from time to time notes, 
bonds or scrip, signed by its treasurer and countersigned 
by its mayor, to be denominated on the face thereof, 
Brockton AVater Loan, to an amount not exceeding one 
hundred thousand dollars in addition to the amounts here- 
tofore authorized by law to be issued by the town or city 
of Brockton for the same purposes. Such notes, bonds 
or scrip shall be issued u])on the same terms and condi- 
tions and Avith the same provisions as are ])r()vided in 
said act for the issue of the Brockton water loan l)y the 



148 Acts, 1901. — Ciiafs. 208, 209. 



Proviso. 



town of Brockton : provided^ that the whole amount of 
notes, bonds or scrip issued by the said town* or city for 
the said purposes shall not exceed nine hundred and 
twenty thousand dollars. 
When to take Section 2. This act shall take effect upon its accept- 
ance by a vote of two thirds of all the members of each 
branch of the city council of the city. 

Approved March 27, 1901. 

Ohap.2iOS An Act relative to the amouxt of fuxi>s which may he held 

BY the MASSACHUSETTS BAPTIST CHARITABLE SOCIETY. 

Be it enacted, etc. , as follows : 

ime^ded!^' Section 1. Sectiou three of chapter forty-two of the 

acts of the year eighteen hundred and twenty-one is 
hereby amended by striking out in the last line, the 
words "twenty thousand dollars", and inserting in 
place thereof the words: — five hundred thousand dol- 

J^afeBtetefetc." lars,— SO as to read as follows : — /Section 3. Be it fur- 
ther enacted. That the said society may make sale of any 
real estate to them bequeathed, unless otherwise ordered 
by the donor, and convey the same by deed, duly executed 

ProviBos. j^y ^j^g treasurer, under the seal of the society : provided, 

that all monies arising from such sale, be applied to the 
same use to which the income thereof was before appli- 
cable : provided, Jiomever, that the funds of said society 
shall never exceed the sum of five hundred thousand 
dollars. 

^®P^*^- Section 2. All acts and parts of acts inconsistent 

herewith are hereby repealed. 

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

Approved March 27, 1901. 

(JJia7).20Q An Act to incorporate the downing block in the city of 

SALEM. 

Be it enacted, etc. , as foUoics : 
Downing Block Section 1. Thomas W. Downing, George West and 

in Salem in- . . i 

corporated. Arthur W. West, their associates and successors, are 
hereby made a corporation by the name of Downing 
Block, for t)ie purpose of holding, managing, improving 
and leasing the real estate in the city of Salem on Essex 
street, lately belonging to Thomas Downing, deceased, 
and by him devised in part in trust, and of performing 



Acts, 1901. — Chaps. 210, 211. 149 

all legal acts which may be necessary for accomplishing 
the said objects; 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 ap- 
plicable to such corporations. 

Section 2. The said corporation may sell or mortgage Mayeeiior 
the whole or any part of the real estate wliich it is au- t^r.rr^eareHtlte. 
thorized by this act to hold. 

Section 3. The capital of the corporation shall not capuai. 
exceed seventy-five thousand dollars, the shares shall be 
of the par value of fifty dollars 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 commissioner of corporations. 

Section 4. This act shall take effect upon its passage. 

Aj)proved March 27, 1901. 

An Act relative to the publication and distribution of tiik (Jh^^^ '^10 
manual for the general court. 

Be it enacted, etc. , as folloios : 

Section 1. There shall be printed annually thirteen Manual forthe 
thousand five hundred copies of the manual for the gen- s®"'^'"'' ''°"'^*- 
eral court, to be prepared each year by the clerks of the 
two branches, and each member of the general court shall 
be entitled to receive thirty-four copies. 

Section 2. So much of sections nine and ten of chap- Repeau 
ter three hundred and ninety-three of the acts of the year 
eighteen hundred and ninety-four as is inconsistent here- 
with is hereby repealed. 

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

Approved March 27, 1901. 

An Act to establish The salaries of the clerks in the de- n]ff,j^ Oil 
partment ok the treasurer and receiver general. 

Be it enacted, etc., as follows: 

Section 1. The salary of the first clerk in the depart- Bftianesof 

. clerks lu de- 

ment of the treasurer and receiver general shall be twenty- partment of 

six hundred dollars a year, the salary of the second clerk, receivergenerai 

twenty-one hundred dollars a year, the salary of the established. 

third clerk, sixteen hundred dollars a year, the salary 

of the receiving teller, eighteen hundred dollars a year, 

the salary of the paying teller, eighteen hundred dollars 



150 Acts, 1901. — Chap. 212. 

a year, the salary of the assistant paying teller, one thou- 
sand dollars a year, the salary of the cashier, twenty-two 
hundred dollars a year, the salary of the assistant book- 
keeper, twelve hundred dollars a year, the salary of the 
fund clerk, fifteen hundred dollars a year, the salary of 
the warrant clerk, twelve hundred dollars a year, the 
salary of the files clerk, nine hundred dollars a year, the 
salary of the collateral legacy tax clerk, nineteen hun- 
dred dollars a year, the salary of the deputy sealer of 
weights, measures and balances, twelve hundred dollars 
a year, the salary of the stenographer, nine hundred dol- 
lars a year, and the salary of the messenger, nine hun- 
dred dollars a year. 

Repeal. SpxTiox 2. All acts and parts of acts inconsistent here- 

with are hereby repealed. 

jauutrrifwoi. Section 3. 'This act shall take effect on the first day 
of January in the year nineteen hundred and one. 

Approved March 27, 1901. 

(JJian.'2i\^ ^^ ^^"^ '^*^ INCORPORATE THE CONWAY CEMETERY ASSOCIATION. 

Be it enacted, etc., as follows: 

terTIloZ^' Section 1. Henry W. Billings, Carlos Batchelder, 
rated"*'°'^^°' H'lrvey Townsend, Gordon II. Johnson, Austin R. Stearns, 
Wm. E. Hawks, Charles D. Ives, Chelsea Cook, Arthur 
M. Cook, Emory Brown, Geo. L. Truesdale, Mary F. D. 
Sanderson and Cordelia L. Townsend, their associates 
and successors, are hereby made a corporation by the 
name of Conway Cemetery Association, for the purpose 
of acquiring, holding and improving the grounds known 
as Pine Grove cemetery and those known as Howland 
cemetery, in the town of Conway ; and the said corpo- 
ration shall have all the powers and privileges and be 
subject to all the duties, restrictions and liabilities set 
forth in all general laws now or hereafter in force re- 
lating to such corporations, except as herein otherwise 
provided. 
May take poe- Section 2. Said corporatiou is hereby authorized to 

Bession of cer. .1 ./ 

tain cemeteriea, take posscssion and coutrol of said cemeteries, and the 
town of Conway is hereby authorized to convey to said 
corporation, upon such terms as may be agreed upon, all 
its right, title and interest in and to the lands set apart 
for said cemeteries, and in all other property or rights 
appertaining thereto, including all moneys and trust funds 



Acts, 1901. — Chap. 212. 151 

belonging to said cemeteries : provided^ that a majority Proviso, 
of tlie legal voters of the town present and voting thereon 
shall vote so to do at a meeting duly called for that pur- 
pose. Said corporation shall hold the said property and 
rights for the same uses and purposes for which the same 
are now held by the town of Conway, and be charged 
with the same duties and liabilities; and all rights which 
any persons have acquired in said cemeteries shall re- 
main valid to the same extent as if this act had not been 
passed. 

Section 3. Said town shall continue to have the riffht certain rights 

•• • ^ •111- i-i ~oi town not 

of burymg m said cemeteries the bodies of those for whose affected. 
burial it is bound by law to provide ; and such interments 
shall be made in a part of said cemeteries set off for this 
purpose by agreement of the overseers of the poor of the 
town and the executive board of said corporation. 

Section 4. Any person now owning a lot in either of Membership. 
said cemeteries may take part in the organization of this 
corporation, and after the organization any })erson who is 
now, or may hereafter become by deed or otherwise, pro- 
prietor of a lot in either of said cemeteries may become a 
member of said corporation by applying to the trustees 
hereinafter mentioned and receiving a deed or certificate 
of such lot from said corporation ; and when any person 
shall cease to be the proprietor of a lot he shall cease to 
be a member of the corporation. 

Section 5. Said corporation may acquire by Sfift, May acquire 

' JO' additional laud 

devise or purchase, and hold in fee, additional land to etc. 
the extent of ten acres for the purpose of enlarging said 
cemeteries from time to time, and may hold so much 
personal property as may be necessary for the objects of 
the corporation ; and the corporation is hereby authorized 
to take and hold any property granted or bequeathed in 
trust for the purpose of enlarging or improving either of 
said cemeteries. Said corporation may also hold in trust Gifts, bequests, 
any money or other property given or bequeathed by the 
proprietor of a lot, or in his behalf, for the care or em- 
i)ellishment of any lot, or for the repair, preservation or 
renewal of a monument, fence or other structure, or for 
planting a lot or its neighborhood with trees or shrubs, 
and when such gift or bequest is made said corporation 
shall give said proprietor or his representative an obliga- 
tion, on such conditions as may be agreed upon, binding 
itself to fulfil the terms of the gift or bequest. 



152 



Acts, 1901. — Chap. 213. 



Net proceeds of 
Bales of lots to 
be devoted to 
improvement, 
etc. 



OfHcere, elec- 
tion, terms, etc. 



Proviso. 



Vacancies. 



Section 6. The net proceeds of all sales of lots in said 
cemeteries shall be forever devoted to the preservation, 
improvement and enlargement thereof and to the pay- 
ment of the incidental expenses connected therewith, and 
to no other purpose. Separate and distinct accounts of 
the receipts and payments on account of each cemetery 
shall be kept at all times. 

Section 7. The officers of the corporation shall con- 
sist of seven trustees, a treasurer and a clerk who shall 
be elected at the annual meeting of the corporation, a 
president to be elected annually by the trustees from their 
number, and such subordinate officers as may be provided 
for by the by-laws. The treasurer and clerk shall be 
elected for one year and until their successors are elected 
and qualified. The trustees shall be elected one each 
year for the term of seven years : ^jz-oi'^/ecZ, that at the 
first election one trustee shall be elected for one year, one 
for two years, one for three years, one for four years, 
one for five years, one for six years and one for seven 
years, and thereafter one trustee shall be chosen annually 
to serve for the term of seven years. The trustees shall 
have the general management of the property and affairs 
of the corporation and of the sale of lots in said cemeteries, 
and shall make report of their doings to the corporation 
at the annual meeting. If a vacancy occurs in the board 
of trustees, or in the office of clerk or treasurer, such va- 
cancy may be filled for the unexpired term at any annual 
or special meeting. 

Section 8. This act shall take effect upon its passage. 

Ajyj^roved March 27, 1901. 



Chap.213 



1900, 345, § 1, 
amended. 



Temporary 
guardians may 
be appointed in 
certain cases, 
etc. 



An Act relative to temporary guardians. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and 
forty -five of the acts of the year nineteen hundred is 
hereby amended by striking out all after the word 
"may", in the fourth line, to and including the word 
' ' nomination ' ', in the sixth line, and inserting in place 
thereof the words : — after giving due notice according to 
the rules of the probate court, — so as to read as f ollow^s : 
— Section 1. When by reason of delay in granting or 
issuing letters of guardianship of a minor, insane person or 
spendthrift, or when for any other cause the judge of the 



Acts, 1901.— Chap. 214. 153 

probate court deems it expedient to do so, he may, after giv- Temporary 
ing due notice according to the rules of tlie probate court, iie appointed in 

• . -J. 1 1 J. T J. !• certalu caseH, 

appoint some suitable person to be temporary guardian etc. 
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 tem- 
porary guardian shall hold his office until the appoint- 
ment of a guardian or until his temporary guardianship is 
otherwise terminated according to law ; and in case of 
an appeal from the decree a])pointing 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 jurisdic- 
tion may at any time with or without notice remove a 
temporary guardian or terminate his trust. 

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

Approved March 28, 1901. 

An Act to extend the corporate powers of the brockton fy.f^,.-, 214- 

STREET RAILWAY COMPANY. -^ 

Be it enacted, etc., as foUoivs : 

Section 1. The Brockton Street Railway Company, The Brockton 
upon obtaining the right so to do from the board of alder- company ma/ 
men of a city or the selectmen of a town, in the manner po°e8*forus 
provided for the g^rant of locations for extensions of its overhead wire 

1 . ~ , . .... system, etc. 

railway, may use for attaching and maintaining its over- 
head wire system in such city or town any poles, with the 
assent of the owners thereof, located in a street or high- 
way of such city or town, and shall, suljject to the terms 
of any agreement with the owner of the poles, have and 
enjoy the same rights and be subject to the same liabilities 
in relation to such poles as pertain to poles erected and 
maintained by said company for its own use as a part of 
its railway ; and the said company may from time to time 
grant rights to other persons and companies to attach to 
and maintain upon its poles any wires of such other per- 
sons and companies as are lawfully entitled to erect and 
maintain poles for their own purposes in the streets and 
highways of such city or town; and all such persons 
and companies are hereby authorized to make agreements 
with said Brockton Street Railway Company for the use 
of their poles by said company or of said company's poles 



154 



Acts, 1901. — Chap. 214. 



May extend its 
railway into 
certain towns, 
etc. 



May manufact- 
ure, etc., elec- 
tricity for cer- 
tain purposes, 
etc. 



Certain loca- 
tions and rights 
confirmed. 



May take a 
lease of and use, 
etc., the fran- 
chises, prop- 
erty, etc., of 
certain railway 
company. 



by them ; and any attachments to poles of other persons 
or companies heretofore made by said company, and by 
such other persons or companies to poles of said company 
with its consent, are, subject to the terms of any agree- 
ments between the parties, hereby ratified and confirmed. 

Section 2, The Brockton Street Railway Company is 
hereby authorized to extend its railway into the towns of 
Swansea, Freeto^vn and Berkley, upon such public ways 
therein as may from time to time be designated by the 
selectmen of said towns, respectively, by locations duly 
granted in accordance with law ; and also to operate and 
maintain its railway and lines of })oles and wires in and 
upon private lands heretofore leased or purchased or over 
which rights of way from the owners thereof have been 
obtained for that purpose, and upon which any part of the 
railway operated by it has heretofore been constructed. 

Section 3. Said company may, for all purposes neces- 
sary or incident to the construction, maintenance and op- 
eration of an electric street railway, generate, manufacture, 
use and transmit electricity in any city or town Avherein 
it is now or may hereafter be entitled to operate a street 
railway, and for that purpose may erect and maintain 
poles, trolley, feed and stay wires and other devices for 
conducting electricity in, over and under any streets, high- 
ways, bridges and town ways in any of said cities and 
towns wherein it has been or may hereafter be authorized 
by the board of aldermen or selectmen to operate its rail- 
way, and upon and over any private land, with the con- 
sent of the owners thereof, and may sell to or purchase 
from any other street railway company incorporated under 
the laws of the state of Rhode Island electricity for all 
the purposes aforesaid; but said company shall not gen- 
erate, manufacture, use, transmit, purchase or sell elec- 
tricity for light, heat or power, except for street railway 
purposes. All locations and rights heretofore granted to 
said Brockton Street Railway Company, or to any cor- 
poration the franchise and property of which it may have 
acquired under authority of law, are hereby ratified and 
confirmed, and shall be deemed and taken to have been 
duly granted under authority of law. 

Section 4. Said Brockton Street Railway Company 
may take a lease of and use and operate all the franchises, 
railway, property, rights, easements, privileges and loca- 
tions of the Newport and Fall River Street Railway Com- 



Acts, 1901. — CiiAr. 215. 155 

pany, for the term of ninety- nine years from the date of 
such lease, and said last named company may make such 
a lease to said Brockton Street Railway Company : pro- Provisos. 
vided,, that the terms of such lease shall be agreed to by 
a majority of the directors and t^YO thirds in interest of 
the stockholders of the lessor and lessee companies, re- 
spectively, and shall be approved by the board of railroad 
commissioners of this Commonwealth as required l)y law, 
before the same shall become valid or binding ; and ^^rrj- 
vided,furtJtei\ that said Brockton Street Railway Com- 
pany, its successors and assigns, after the execution and 
approval of a lease under authority of this act, shall be and 
remain subject to all the duties, lialjilities and restrictions 
imposed upon said lessee by the laws of this Common- 
wealth, and, as regards the railway of the lessee, to the 
same and as full control and regulation by the general 
court and the board of railroad commissioners of this 
Commonwealth as though such lease had not been made. 
Section 5. This act shall take effect upon its passage. 

A2^i:)roved March 28, 1901. 



Cha27.215 



An Act relative to the release of persons arrested on a 

CRIMINAL charge WHO HAVE FORFEITED liAIL OR HAVE BEEN 
SURRENDERED BY A I'ROBATION OFFICER. 

Be it enacted, etc., as follows: 

Section fifty-five of chapter two hundred and twelve p. s. 212, § 55, 
of the Public Statutes is hereby amended V)y inserting '*™^"'^'^''- 
after the w^ord ' ' recognizance ' ', in the third line, the 
words : — or has been surrendered by a probation officer, 

— and by inserting after the word ' ' default ' ', in the last 
line, the words : — or surrender by a probation officer, 

— so as to read as follows : — Section 55, No person persons forfeit- 
arrested on a criminal charge, who is released on bail or no^ to b'e^re-' 
recognizance and forfeits or makes default upon his bail fu7ther°baii 
bond or recognizance, or has been surrendered by a pro- etc without 

. fY.1111 • • 1 1 order of court. 

bation officer, shall be agam permitted to go at large u])on 
further bail or recognizance in the same case, unless by 
order of some justice of the court in which said charge 
was pending at the time of said default, or surrender by 
a probation officer, for good cause shown. 

Approved March 2S, 1901. 



156 



Acts, 1901. — Chaps. 216, 217, 218. 



May hold addi- 
tional real and 
personal estate. 



Proviso. 



Chup.21Q An Act to authorize the trustees ok tufts college to hold 

ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc. , as folloivs : 

Skction 1. The Trustees of Tufts College may take 
and hold in fee simple or otherwise, by gift, grant, bequest 
or devise, any lands, tenements or other estate, real or 
personal : provided, hoivever, that nothing herein con- 
tained shall be construed to give the said corporation any 
claim to greater exemption from taxation than it now has 
under the constitution and laws of this Commonwealth. 

Sp:ction 2. Chapter one hundred and sixty-two of the 
acts of the year eighteen hundred and eighty-six is hereby 
repealed. 

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

Approved March 28, 1901. 



Repeal. 



Chcip.2i\7 An Act to authorize the city of uoston to pay a sum op 

MONEY TO THE WIDOW OF HERBERT PIERCE. 



City of Boston 
may pay a sum 
of money to 
widow of Her- 
bert Pierce. 



Be it enacted, etc., as follows: 

Section 1. The city of Boston is hereby authorized to 
pay to Lena E. Pierce, widow of Herbert Pierce late a 
member of the fire department of the city of Boston, the 
remainder of the salary to which he would have been en- 
titled had he lived and continued to serve as a member of 
such department until the close of the fiscal year in which 
he died. 

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

Api^roved March 28, 1901. 



Ch(ip.'2\.S ^^ Act to authorjze the city of boston to pay a sum of 

MONEY TO ANNA L. RIDEOUT. 



City of Boston 
may pay a sum 
of money to 
widow of 
Franklin D. 
Rldeout. 



Be it enacted, etc., as folloivs: 

Section 1. The city of Boston is hereby authorized to 
pay to Anna L. Rideout, widow of Franklin D. Rideout 
late an assistant registrar in the registry department of the 
city, the remainder of the salary to which he would have 
been entitled had he lived and continued to hold his office 
until the end of the year nineteen hundred and one. 

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

A2}proved March 28, 1901. 



Acts, 1901. — Chaps. 219, 220. 157 



An Act to authorize the city of bostox to pay a sum of (7Aa».219 

MONEY TO ELLEN L. AVALKER. 

Be it enacted, etc., as folloios: 

Section 1. The city of Boston is hereby authorized to city of Boston 
pay to Ellen L. Walker, mother of Harvey W. A¥alker Xmone.v'\o"" 
late a member of the common council of the city, the re- Sarvey w. 
mainder of the salary to which he would have been entitled waiker. 
had he lived and continued to hold his office until the close 
of the term for which he was elected. 

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

A2'>X)roved March 28, 1901. 



Ghap.'llO 



An Act to confirm certain proceedings and to change the 
name of the neav england deaconess home and training 

SCHOOL. 

Be it enacted, etc., as folloios: 

Section 1. All meetings, whether for organization or certain pre- 
fer conducting its business after organization, heretofore NlwE^ngLid^ 
held by the New England Deaconess Home and Training Home and 
School since its organization under the provisions of chap- Bchoo°fon. 
ter one hundred and fifteen of the Pul)lic Statutes, and flrmed.etc. 
all proceedings, votes and contracts of said corporation, 
all deeds from or to it, and all other acts and records of 
said corporation and of the officers thereof purporting or 
intended to have been done or made under its charter and 
in exercise of the franchise created thereby, shall be of 
the same validity and have the same force and effect as 
if said meetings had been regularly and properly called 
and held and the officers duly chosen in accordance with 
the by-laws adopted at the meeting held for the organi- 
zation thereof. 

Section 2. The name of the New England Deaconess Name changed. 
Home and Training School is hereby changed to the New 
England Deaconess Association, and all gifts, grants, be- 
quests and devises heretofore or hereafter made to said 
corporation under either of said names shall vest in said 
New England Deaconess Association. 

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

Approved March 28, 1901. 



158 



Acts, 1901. 



Chaps. 221, 222. 



C7lClJ).'2'2i\. ^^ ^^'^ '^^ PREVENT THE POLLUTION OF NORTH RIVER IN THE CITY 

OF SALEM AND TOWN OF PEABODY. 



Certain waste 
water or sewage 
not to be dis- 
charged into 
Nortii river, 
etc. 



I'enalty. 



Injunction to 
prevent viola- 
tlou may isaue. 



To take effect 
September 1, 
1901. 



Be it enacted, etc., as folloivs: 

Section 1. Ko person, firm or corporation, shall dis- 
charge into North river, so-called, in Salem or Peabody, 
or into any canal through which the waters of said river 
flow or pass, or into any of the tributaries of said river 
or canal, any waste water or sewage containing flesh or 
other solid animal matter from hides, skins, glue-stock 
or from any other materials used in any manufacturing 
industry, nor allow any such waste water or sewage to 
come into said river or canal, or into any tributary of said 
river or canal, from any land owned or occupied by such 
person, firm or corporation, Avithout first having removed 
from said waste water or sewage all such flesh or solid 
animal matter, not held in complete solution, by such 
method of treatment as shall be sufficient to produce such 
effect or shall be and remain satisfactory both to the board 
of health of the city of Salem and to the board of health 
of the town of Peabody. 

Skctiox 2. Whoever violates any provision of section 
one of this act shall l)e punished for each offence by a fine 
not exceeding one hundred dollars or by imprisonment not 
exceeding thirty days. 

Section 3. Any court having jurisdiction in equity 
may, on application either of the city of Salem or of the 
town of Peabody, issue an injunction to prevent the viola- 
tion of any provision of this act. 

Section 4. This act shall take effect on the first day of 
September in the year nineteen hundred and one. 

Approved xipril 2, 1901. 



1900, 398, § 1, 
amended. 



Chap.'2i2i2i ^^ ^^T relative to interest to I5E PAID UY CORPORATIONS TO 
THE COMMONWEALTH ON OVERDUE TAXES. 

Be it enacted, etc. , as foUoics : 

Section 1. Section one of chapter three hundred and 
ninety-eight of the acts of the year nineteen hundred is 
hereby amended l)y adding at the end thereof the words : — 
provided payment of such taxes is made before the com- 
mencement of any proceedings for the recovery thereof, 
but otherwise the rate of interest to be paid on such taxes 
shall be twelve per cent per annum until the taxes are 
paid, as provided by section fifty-four of chapter thirteen 



Acts, 1901. — Chaps. 223, 224. 159 

of the Public Statutes, — so as to read as follows : — Sec- corporations to 
tio?i 1. All corporations neglecting to pay taxes assessed ovor'chfrtrxes? 
and certified to the treasurer l)y the tax commissioner 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, pro- 
vided payment of such taxes is made before the commence- 
ment of any proceedings for the recovery thereof, but 
otherwise the rate of interest to be paid on such taxes 
shall be twelve per cent per annum until the taxes are 
paid, as provided by section fifty-four of chapter thirteen 
of the Public Statutes. 

Section 2. This act shall take effect upon its passage, when to take 
but shall not affect any proceedings now pending. ^^^''^' 

Approved April 2, 1901. 

A^ Act relative to the boston and maine railroad bonds Qhrij) 99,3 

FORMING PART OF THE FITCHBURG RAILROAD LOAN SINKING 
FUND. 

Be it enacted, etc. , as follows : 

Section 1. The bonds of the Boston and Maine Rail- Bonds of Boston 
road, amounting to the sum of five million dollars, re- road received 
ceived by the Commonwealth for its fifty thousand shares momve'aith to 
of the common stock of the Fitchburg Railroad Com- toce'rtai^eink- 
pany, under the provisions of section two of chapter four i"gf"ii<i8- 
hundred and twenty-six of the acts of the year nineteen 
hundred, and now constituting a part of the Fitchburg 
Railroad Loan Sinking Fund, shall be transferred to and 
become a part of such other sinking funds held by the 
Commonwealth for the reduction of the public debt as 
the treasurer and receiver general, with the approval of 
the governor and council, shall deem most appro]iriate 
for the interests of the Commonwealth. The interest 
received from the said bonds shall be paid into and be- 
come a part of the sinking fund holding the bonds. 

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

Approved April 2, 1901. 



Cha2).224: 



An Act relatfve to the entektainment of visitors at the 
state prison and the massachusetts repormatouy. 

Be it enacted, etc., as foUoics : 

Section 1. With the approval of the commissioners Entertainment 
of prisons the warden of the state prison and the super- ptatrrr"iHon and 
intendent of the Massachusetts reformatory may expend rlformatory"^ 



160 



Acts, 1901. — Chaps. 225, 226, 227. 



such sums, not exceeding three hundred dollars each in 
any one year, as may be necessary to entertain official 
and other visitors to the said institutions, such sums to be 
paid out of the current expenses of the institutions. 

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

Approved April 2, 1901. 



GhCL7).^'2i5 A^ ^'^"^ "^O PROVIDE FOR THE PROTECTION OF GAME BIRDS AND 

ANIMALS IN THE TOWN OF ESSEX. 



1899, 289, § ], 
amended. 



Protection of 
game birds and 
animals in 
Essex. 



Be it enacted, etc., as folloros: 

Section one of chapter two hundred and eighty -nine of 
the acts of the year eighteen hundred and ninety-nine is 
hereby amended by striking out the whole of said section 
and inserting in place thereof the following : — Section 
1. Whoever takes or kills a rabbit, gray squirrel or chip- 
munk, or any kind of land bird, except beach or marsh 
birds, and except the English sparrow, within the limits 
of the town of Essex, at any time before the twentieth 
day of April in the year nineteen hundred and four, shall 
be punished by a fine of twenty dollars for every such 
rabbit, squirrel, chipmunk or bird so taken or killed. 

Approved April 2, 1901. 



Chap.'2'2iQ -^^ ■'^CT TO AUTHORIZE THE CITY OF BOSTON TO PAY A SUM OF 
MONEY TO THE WIDOW OF MATTHEW WALSH. 



Citj' of Boston 
may pay a sum 
of money to 
widow of 
Matthew 
Walsh. 



Be it enacted, etc., as folloivs: 

The city of Boston is hereby authorized to pay to Mary 
Walsh, the widow of Matthew Walsh lately employed by 
the city as supervisor of plumbing, who died on the tenth 
day of September in the year nineteen hundred, the 
amount of salary to which he would have been entitled 
had he lived and served the city till the first day of Jan- 
uary in the year nineteen hundred and one. 

Approved April 2, 1901. 



Chap.227 



Repair, etc., of 
certain highway 
in Truro. 



An Act to provide for the repair and maintenance of a 
certain highway in the town of truro. 

Be it enacted, etc., as folloios: 

Section 1. The county commissioners of the county 
of Barnstable shall, upon application of the selectmen of 
the town of Truro, expend a sum not exceeding five hun- 
dred dollars in any one year, for a period not exceeding 



Acts, 1901 . — Chaps. 228, 229. 161 

ten years, from the funds of the county, for the repair 
and maintenance of the highway extending from the rail- 
road crossing at the head of Moon Pond meadow, so- 
called, in the town of Truro, to the boundary line between 
the towns of Truro and Provincetown, the amount so 
authorized to be expended for the purpose specified in 
this act and for no other ; and the sum actually expended 
shall be repaid from the treasury of the Commonwealth. 
Section 2. This act shall take effect upon its passage. 

Approved April 2, 1001. 

An Act to autiiokize the east uostox gas company to hold fii,fj,y. 99S 

REAL ESTATE, LAY I'U'ES AND FUKNISn GAS IN THE TOWN OF ' 1 ' ~ 

WINTHROP. 

Be it enacted, etc., as follotvs : 

Section 1. The East Boston Gas Company is hereby The East bos. 
authorized to hold real estate, to extend its mains, to lay pany'lluiy"'"' 
pipes and tb maintain a gas holder, in the town of Win- ^viuthJoi'fJtc. 
throp, and to manufacture, furnish and sell gas, gas 
stoves and other gas appliances in said town for lighting, 
heating, cooking, power and other uses for which gas 
is manufactured ; and is hereby granted the same rights, 
powers and privileges in said town of Winthrop which 
it now has in that part of the city of Boston called East 
Boston. 

Section 2. Said corporation is hereby further author- Mayiay.etc, 
ized to lay and maintain its gas pipes and such siphons euu^urcs, etc. 
and other structures as are necessary to cover or carry 
the same from said East Boston to and across and over 
the tide w^aters of Chelsea creek in the town of Winthrop, 
subject to the provisions of chapter nineteen of the Pub- 
lic Statutes. 

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

Ap)proved April 2, 1901. 

An Act to authorize the city of p,oston to pay a scm of ^j 990 

MONEY TO ANN DOLAN. -i '^~" 

Be it enacted, etc., as folloios: 

Section 1. The city of Boston is hereby authorized cityofBopton 
to pay to Ann Dolan, grandmother of Frank A. McIIugh of'moneyto 
late an employee in the city messenger department of Frank a! 
the city, the remainder of the salary to which he would ^^'=""^^'- 



1G2 



Acts, 1901. — CiiAr. 230. 



have been entitled had he lived and continued to hold his 
position until the first day of February in the year nine- 
teen hundred and one. 

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

Approved April 2, 1901. 



Town of North, 
field may Incur 
indebtodiieHS 
for certain pur- 
poses. 



Chcip.2o0 ^'^^ Act to autiioiuze the town of nortiifield to incuk cer- 
tain INDEBTEDNESS FOR THE PAYMENT OF ITS SHARE OF THE 
CONSTRUCTION OF THE BRIDGE BUILT IN ACCORDANCE WITH THE 
PROVISIONS OF CHAPTER FOUR HUNDRED AND NINETY-SEVEN OF 
THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND NINETY-SEVEN. 

Be it enacled, etc., as foUoics : 

Section 1. The town of Northfield may incur indebt- 
edness to an amount not exceeding thirty thousand 
dollars, for the purpose of paying its pro})ortionate part 
of the expense of constructing a bridge across the Con- 
necticut river in the town of Nortiifield, built in accord- 
ance with the provisions of chapter four hyndred and 
ninety-seven of the acts of the year eighteen luuulred and 
ninety-seven and acts in amendment thereof, as awarded 
by the commission provided for in section four of said 
chapter, and also the interest upon such proportionate 
part of the cost of the bridge, and the ex]iense incurred 
by the town in respect to tiie hearing before said com- 
mission. 

Skction 2. For the ]>ayment of indebtedness incurred 
under this act tiie town may issue its bonds of the de- 
nomination of five hundred dollars each. Such bonds 
shall bear interest at a rate not exceeding four per cent 
per annmn, and shall be so issued that one of them shall 
mature in each of the ten years following the date of 
their issue, two in each of the succeeding ten years, and 
three in each of the ten years then next succeeding, so 
that all of said bonds shall mature wnthin thirty years 
from the date of their issue. 

Section 3. The indebtedness hereby authorized shall 
be incurred only by a vote of two thirds of the voters 
present and voting at a town meeting duly called for 
that purpose. 

Section 4. The town shall raise by taxation each year 
an amount sufficient to pay the interest on such of said 
bonds as may at the time be outstanding, and to pay the 
principal sum of any bonds maturing and becoming pay- 
able during that year. 



May Issue 
bonds, etc. 



Indebtedness to 
be incurred 
only by a two 
thirds vote. 



Payment of in- 
debtedness. 



Acts, 1901. — Chaps. 231, 232. 103 

Section 5. The indebtedness incurred under this act J^"^o°eji„ 
shall not be reckoned in determining" the limit of indebt- deterniinmg 

•PCI '^^^^ limit. 

edness of the town under section lour or chapter twenty- 
nine of the Public Statutes and acts in amendment thereof. 
Section 6. This act shall take effect upon its passage. 

Approved April 2, 1901. 



Chap.231 



Ax Act relative to the taxation of the neav youk, neav f^ 

HAVEN AND HAUTFOIU) 15AILKOAD COMPANY 

Be it enacted, etc., as follows: 

Section 1. In estimating the value of the corporate cenainaiiow. 
franchise and pro]ierty of the New York, New Haven nSadeTnestf. 
and Ilartfonl Kailroad Company for taxation the tax ;7op"c'tc.f 
commissioner may make an equitable allowance for the yonf m^ 
value of such of its shares of stock as may have been law- |J:[j^^^' 



ven and 
...irtford Rail- 

fully issued in exchanfi^e for shares of any other railroad loud company 

,.,. ", . *^„ ,. T for taxation. 

company which is taxed on its corporate franchise and 
property under the laws of the Commonwealth : j9?-o- proviso. 
vided, hoivever, that such allowance shall be made only 
while the shares so taken in exchange remain in its treas- 
ury, and while a tax is assessed and actually paid on the 
corporate franchise of such other railroad company. 
Section 2. This act shall take effect upon its passage. 

A2yproved April 2, 1901. 

An Act to approve the acquisition by the united states of (^/^^/d 232 

AMERICA OF A TRACT OF LAND ON PEDDOCK'S ISLAND IN BOSTON 
HARBOR. 

Be it enacted, etc., as folloivs : 

Section 1. The consent of the Commonwealth of Jhe united 

... , ptates may 

Massachusetts is hereby granted to the acquisition by acquire certain 

iTT-ir-i p«-i 1 1 '' I'l"'! if* Hoetou 

the United States of America, by purchase or condemna- harbor, etc. 

tion, for the purpose of national defence, of eighty acres 

of land, or so much thereof as the secretary of war of 

the United States may deem necessary, on Paddock's 

island in Boston harbor, adjoining the present United 

States military reservation on said island. Jurisdiction 

over the area so acquired is hereby granted and ceded 

to the United States : provided, always, that the Com- proviso. 

monwealth shall retain a concurrent jurisdiction with 

the United States in and over the land so acquired, so 

far as that all civil processes and such criminal processes 

as may issue under the authority of the Commonwealth 



164: Acts, 1901. — Chai's. 233, 234. 

against any person or persons charged with crimes com- 
mitted without the area so acquired may be executed 
therein in the same manner as though this cession had 

Proviso. not been granted; ?iXi& jwovided, further^ that whenever 

such land ceases to be used by the United States for the 
purposes for which it is acquired the exchisive jurisdic- 
tion over it shall revert to and revest in the Common- 
wealth. 

mrcerta'iuflat'e'^ Section 2. Thc Uuitcd States government is hereby 

etc. ' authorized, upon such terms and conditions as shall be 

prescribed by the board of harbor and land commission- 
ers, to occupy and fill such flats belonging to the Com- 
monwealth, and to place such structures in or over the 
tide water adjacent to the area herein authorized to be 
acquired as may be necessary for the purposes for which 
said area is to be used. 

Plans to be Skotion 3. This act shall be void unless a suitable 

plan or plans of the premises acquired by the United 
States under the provisions of this act shall be deposited 
in the office of the secretary of the Commonwealth within 
six months from the date of such acquisition. 

Section 4. This act shall take effect upon its passage. 

Approved April i?, 1901. 

(yjian.233 ^^ ■'^ct to authorize the aklingtox co-operative association 

TO increase its capital stock. 

Be it enacted, etc., as follows: 

Mpuir/tock! The Arlington Co-operative Association is hereby au- 

thorized to increase its capital stock in the manner pro- 
vided by law, at such times and in such amounts as it 

Proviso. may from time to time determine: py^ovided, that the 

whole amount of its capital stock shall not exceed five 
hundred thousand dollars. Approved April 2, 1901. 

ChaV 231 ^^ ■^^'^ RELATH^E TO THE ERECTION OF BUILDINGS IN THE PUBLIC 
■^' PARKS OF THE CITY OF CAMBRIDGE. 

Be it enacted, etc. , as foUotvs : 
Buiwmg^may Section 1. Exccpt iu the commons and public squares 
public parks of of the city of Cambridge said city by its park commis- 
am n ge. gJQj^gpg YiiRY crcct and maintain in the parks of the city 
which now are or hereafter may be under the control of 
said commissioners, buildings for the use, shelter and re- 
freshment of persons frequenting such parks, and build- 



Acts, 1901. — Chaps. 235, 236. 1G5 

ings for other park purposes. Said buildings shall be 
constructed of such materials and shall be located in such 
places as in the opinion of the superintendent of public 
buildings of the city will not endanger buildings outside 
of such parks. 

Section 2. Section sixteen of chapter fiftv-four of the p.s.54, §i6, 
Public Statutes shall not apply to such buildings. '"** ^" "i''''^' 

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

Ap2)roved April 2, 1901. 



Chap.235 



Ax Act to authorize the lowell and boston stkeet rail- 

A>'AY COMPANY TO CARRY THE UNITED STATES MAIL AND TO ACT 
AS A COMMON CARRIER OF BAGGAGE, MERCHANDISE AND FARM 
PRODUCE IN THE TOWN OF BURLINGTON AND THE CITY OF 
wo BURN. 

Be it enacted, etc., as follows: 

Section 1, The Lowell and Boston Street Railway May act as a 
Company may, in the town of Burlington and in the of m'^^chan'm." 
city of Woburn, carry the United States mail and act pf„e'e" ''^'"''" ' 
as a common carrier of baggage, merchandise and farm 
produce: jirovided, /towever, that said company shall not Provisos, 
so act until authorized to do so by the selectmen of Bur- 
lington and the city council of Woburn ; and provided, 
fui'tlier, that said company shall, in carrying baggage, 
merchandise and farm produce, be subject to such by- 
laws, ordinances and regulations as may from time to 
time be made by the town of Burlington and by the city 
of Woburn; 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 April 2, 1901. 



Chap.236 



An Act to extend the corporate powers of the linwood 
street railway company. 

Be it enacted, etc., as foUoics: 

Section 1. The Linwood Street Railway Company May generate 

and use eltv 
tricity, etc. 



may, for the operation of its railway by the overhead anduseeuc- 
electric trolley system, generate and use electricity, or 
purchase electricity of any other person or corporation, 
and any such person or corporation is hereby authorized 
to sell electricity to it, for the aforesaid purpose. 



166 Acts, 1901. — Chaps. 237, 238. 

^rluporcer"^ Section 2. The Linwood Street Railway Company 
tain tracks. may, wltli the consent of the owners thereof, operate 
its cars upon any tracks equipped for operation by elec- 
tricity, which are now constructed in the town of North- 
bridge, between the Whitins station on the Providence and 
Worcester railroad and tlie village of Whitinsville. 

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

Approved April 2, 1901. 

Chap.^yj An Act relative to the taking of scallops in the waters 

ADJACENT TO NANTUCKET. 

Be it enacted, etc., as folloivs : 

noT'to apply in Skction 1. The provisious of section one of chapter 
certain cases, ^wo hundred and sixty-eight of the acts of the year eight- 
een hundred and ninety-six shall not apply to the taking 
of scallo]is for bait in the waters adjacent to the town of 
Nantucket from the first day of April to the fifteenth 
day of May, inclusive. 

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

Approved April 2, 1901. 

CJiap.-iSS ^^ ^*^T RELATIVE TO FOREIGN CORPORATIONS ENGAGED IN THIS 
COMMONWEALTH IN THE CONSTRUCTION, ERECTION, ALTERATION 
OR REPAIR OF ANY BUILDING, BRIDGE, RAILAVAY OR OTHER 
STRUCTURE. 

Be it enacted, etc., as folloios: 

amended ^ ^' Scctlon ouc of chapter three hundred and thirty of the 

acts of the year eighteen hundred and eighty -four is 
hereby amended by inserting after the word "Common- 
wealth ", in the third line, the words: — and every cor- 
poration established under the laws of any other state 
or foreign country and engaged in this Commonwealth, 
either temporarily or permanently, and whether having 
a usual place of business therein or not, in the construc- 
tion, erection, alteration or repair of any building, bridge, 
railway or structure of any kind, — so as to read as fol- 
Mtioifs'\o°'^^°' ^o^^^s - — Section 1. Every corporation established under 
appoint com- the laws of auv other state or foreign country and here- 

miesioner ot . ' ci'-i •' f^ 

corporations its after liavmg a usual place ot busmess in this Common- 
wealth, and every corporation established under the laws 
of any other state or foreign country and engaged in 
this Commonwealth, either temporarily or permanently, 
and whether having a usual place of business therein or 



attorney, etc. 



Acts, 1901. — Chap. 239. 167 

not, in the construction, erection, alteration or repair of For^ig" corpo- 

' . ' ' 1 rations to 

any building, bridge, railway or structure of any kind appoiutcom. 
shall, before doing business in this Commonwealth, ap- corporatiou« its 
point in writing the commissioner of corporations or his '*"°''"''^'^*°- 
successor in office to be its true and lawful attorney upon 
whom all lawful processes in any action or proceeding 
against it may be served, and in such writing shall agree 
that any lawful process against it which is served on said 
attorney shall l^e of the same legal force and validity as 
if served on the company, and that the authority shall 
continue in force so long as any liability remains out- 
standing against the company in this Commonwealth. 
A copy of the writing duly certified and authenticated, 
shall be filed in the office of the said commissioner, and 
copies certified by him shall be deemed sufficient evidence 
thereof. Service upon such attorney shall be deemed 
sufficient service upon the principal. 

Approved April 2, 1001. 

An Act to authorize the pittsfield electric street rail- z^/,^,^ 9'^Q 
way company to construct and operate its railway in tiuc ^ 

towns of lanesborough and cheshire. 

Be it enacted, etc., as foUozvs : 

Skction 1. The Pittsfield Electric Street Eailway May extend and 
Company is hereby authorized to extend and operate its Tn certauf ^'"^^ 
lines in and through the towns of Lanesborouoh and *°"'°*' ^^'^' 
Cheshire, upon locations that may be granted by the 
boards of selectmen of said towns, respectively, and sub- 
ject to such limitations and conditions as may be imposed 
by said boards. 

Section 2. For the aforesaid purpose the said com- May increase 
pany may increase its capital stock and issue bonds : pro- ^'^p^^i ^to^k. 
vided.^ that such additional issue of stock and bonds shall Proviso. 
not exceed seventy-five thousand dollars in amount; and 
only such amounts of stocks and bonds shall be issued as 
may from time to time, upon investigation l)y the board 
of railroad commissioners, be deemed and voted by them 
to be reasonably requisite for the purpose herein set forth. 

Sf:ction 3. The authority herein granted shall cease Authority to 
in case no part of the proposed extension has been built certain c'omii. 
and put in operation at the end of two years from the "||j;^ "'[1^°"'' 
date of the passage of this act. 

Section 4. This act shall take effect upon its passage. 

Approved April 2, 1901. 



168 



Acts, 1901. — Chaps. 240, 241. 



ChC(p.240 -^^ -^CT TO PROVIDE FOR AX INCREASED EDITION OF PART ONE 
OF THE ANNUAL REPORT OF THE UOARD OF COMMISSIONERS OF 
SAVINGS BANKS. 

Be it enacted, etc., as foUoivs: 
Printing of Section 1. Tlicre shall be printed annually two thou- 

part one of i-ii -r- i >i 

report of board sancl eio^ht hundred copies of part one of the report ot the 

of commis- , in •• n- ii 

sioners of sav- Doartl oi comuiissioners 01 savings banks. 
Rfpeai!^ * Section 2. So much of section seven of chapter three 

hundred and ninety- three of the acts of the year eighteen 
hundred and ninety-four as is inconsistent herewitli is 
hereby repealed. 

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

Approved April 2, 1901. 

GhClD.24:lL ^^^ ^^^ ^^ AUTHORIZE THE FIRE DISTRICT IN THE TOWN Ol' DAL- 
TON TO TAKE WATER FROM CERTAIN BROOKS IN THE TOWN OK 



Dalton fire dis- 
trict may take 
water from cer- 
tain brooks, 
etc. 



Proviso. 



^faj' enter upon 
lands, laypipea, 
etc. 



Be it enacted, etc., as follows: 

Skction 1. The fire district in the town of Dalton is 
hereby authorized and empowered, by itself or its author- 
ized agents, to take water for the use of the said district 
from the May, Tyler and Whitmarsh brooks, so-called, 
in the town of Windsor, and to extend the existing water 
pipes of the said district into the town of Windsor, and 
to erect such dams, reservoirs and other works in the town 
of Windsor and in the town of Dalton as may be neces- 
sary to collect, to store and to convey the said water; 
and to take and hold such lands as may be required to 
carry out the pm^poses of this act : provided, that no 
source of water supply shall be taken under this act for 
domestic purposes without the recommendation and ad- 
vice of the state board of health. 

Section 2. For the above purpose the said fire district 
and its authorized agents are hereby authorized to enter 
upon any lands, and to construct, lay and maintain such 
pipes and other works under and over any lands, roads 
and other ways, and along any highways and other ways 
in the town of Windsor or in the town of Dalton as may 
be necessary : p^^ovided, that no highway or other way, 
and no private property, shall be used or obstructed in 
any unnecessary manner or for any unnecessary length 
of time. 



Acts, 1901. — Chap. 21:2. 1(39 

Section 3. The said fire district shall be liable for all Damages. 
damages to property sustained by any person by the 
taking of any land or the doing of any act herein author- 
ized; and any person who fails to agree with said fire 
district as to the amount of damages sustained by him 
may have the same assessed and determined in the man- 
ner established by law in cases where land is taken for 
the laying out of highways : provided^ that application is provino. 
made within two years after the taking. 

Section 4. The said fire district is hereby authorized ^?''!°"^'''®. 

. -J DiBtrict \\ ater 

for the above mentioned purposes to issue bonds or other Loau, 1901. 
obligations, not exceeding in the aggregate the sum of 
twenty-five thousand dollars, to pay for the cost of con- 
structing or maintaining the said works and of storing 
and conveying the said water. Such bonds and other 
obligations shall be denominated on their face, Dalton 
Fire District Water Loan, 1901 ; shall bear interest at a 
rate not exceeding four per cent per annum, and sliall 
be payable in annual proportional payments within a 
period of thirty years from the dates of issue : provided^ Proviso. 
howeve)\ that any of said bonds or other obligations may 
be paid at any earlier time. The said fire district may sell 
such bonds or other obligations at public or private sale, 
or pledge the same for money borrowed for the purposes 
of this act. 

Section 5. This act shall take effect upon its passage. 

Approved April 2, 1901. 



ChapM2 



An Act relative to the probate of wills. 
Be it enacted, etc. , as follows : 

Section one of chapter one hundred and twenty-nine p. s. 129, §i, 
of the Pubhc Statutes is hereby amended by adding at *'"®°''*^' 
the end thereof the words : — and the aflBdavit of such 
witness taken before the register of probate may be re- 
ceived as evidence, — so as to read as follows : — Section 1. win may be 
When it appears to the probate court by the consent in testimony of 
writing of the heirs, or by other satisfactory evidence, certaiM^caeeB." 
that no person interested in the estate of a person deceased 
intends to object to the prol)ate of an instrument purport- 
ing to be the will of such deceased person, the court may 
grant prol)ate thereof upon the testimony of one only of 
the subscril)ing witnesses; and the affidavit of such wit- 
ness taken before the register of probate may be received 
as evidence. Approved April 2, 1901. 



170 



Acts, 1901. — Chaps. 243, 244. 



Cha2).24:3 An Act to change the harbor line on the westerly side of 

FISH ISLAND IN NEW BEDFORD HARBOR. 



Part of harbor 
line in New 
Bedford harbor 
chauged, etc. 



Be it enacted, etc., as follows: 

Section 1. The harbor Hne on the westerly side of 
Fish island in New Bedford harbor northerly of the New 
Bedford and Fairhaven bridge is hereby changed and 
established as follows : — Beginning at the northwest 
corner of the old west alnitment of the New Bedford and 
Fairhaven bridge on Fish island, in the present harbor 
line established by chapter two hundred and sixty-nine of 
the acts of the year eighteen hundred and forty-eight, 
and running southwesterly forty- six feet, more or less, 
to the northwesterly corner of the new abutment of said 
bridge to be built as shown on plans approved by the 
joint board of railroad commissioners and harbor and 
land commissioners on the twenty-fifth day of January 
in the 3'ear nineteen hundred and one; thence north- 
easterly, five hundred and eighty -five feet, more or less, 
passing twenty-five feet northwesterly from the north- 
westerly corner of the present solid wharf on said island, 
to a point in a line drawn parallel with and twenty feet 
northwesterly from the end of said wharf ; thence north- 
easterly, in said parallel line, one hundred and forty-nine 
feet, more or less, to the present harbor line. 

Skction 2. So much of section four of chapter two 
hundred and sixty-nine of the acts of the year eighteen 
hundred and forty-eight as establishes a different harbor 
line upon the frontage covered by this act is hereby 
repealed. 

Section 3. No wharf or other structure shall ever 
hereafter be built or extended in tide water beyond the 
line aforesaid ; nor shall any wharf or other structure be 
built or extended in tide water on the inner side of said 
line without authority therefor first obtained in due form 
of laAv. 

Section 4, This act shall take effect upon its passage, 

A2)proved April 4, 1901. 

Ch(ip.2i4:4: An Act relatlve to appeals from decrees of the superior 

COURT IN EQUITY CASES. 

Be it enacted, etc., as follows: 

amended. ^^' Sectiou six of chaptcr two hundred and twenty- three 

of the acts of the year eighteen hundred and eighty-three 



Repeal. 



Building of 

structures 

restricted. 



Acts, 1901. — Chap. 245. 171 

is hereby amended by striking out in the second and third amended ^ ^' 
lines, the words "any justice of the supreme judicial court, 
or", and by striking out all after the word "appeal", 
in the seventh line, and inserting in place thereof the 
words: — jwovided, however^ that until such modification 
or annulment is made the justice of the superior court by 
whom the order or decree appealed from was made, or 
any other justice of said court, may make any proper 
interlocutory order or orders pending such appeal, in- 
cluding orders for the appointment of receivers, of in- 
junction, of prohibition, and orders for continuing in 
force such orders previously made, or for modifying or 
dissolving the same. And the justice making any such 
interlocutory order or orders may enforce the same by 
appropriate proceedings pending the appeal, — so as to 
read as folloAvs: — Sfction 6. After an appeal is taken Decrees may be 
from a decree in equity of the superior court, the full Cu ceruau'^cali^es'. 
court may by order suspend, on terms or otherwise, the 
execution or operation of the decree appealed from, pend- 
ing the appeal, and may modify or annul any order made 
for the protection of the rights of the parties j^ending the 
appeal: jjrovided, hon'eve)\ that until such modification or Proviso, 
annulment is made the justice of the superior court by 
whom the order or decree appealed from was made, or any 
other justice of said court, may make any proper interlocu- 
tory order or orders pending such appeal, including orders 
for the appointment of receivers, of injunction, of prohibi- 
tion, and orders for continuing in force such orders pre- 
viously made, or for modifying or dissolving the same. 
And the justice making any such interlocutory order or 
orders may enforce the same by appropriate proceedings 
pending the appeal. Approved April 4, 1901. 

An Act to change the hakbor line on the northeklv side /^7.^,jj ^A^t 

OF CHARLES RIVER IN THE CITY OF CAMBRIDGE. ^ '" 

Be it enacted, etc., as folloics: 

Skotion 1. The harbor line on the northerlv side of Part of harbor 
y-^7 1 • 1 -ITT -r-» 1 • 1 'i T~» 1 lino in Cam- 

Charles river, between West Boston brulge and Brook- bridge changed, 

line bridge in the city of Cambridge, is hereby changed 

and estaljhshed as follows : — Beginning at the point A 

of the harbor line estal)lished hj chapter one hundred 

and seventy of the acts of the year eighteen hundred and 

eighty, on the Cambridge side of Charles river, thence 

running southwesterly on a curve of nine hundred fifty- 



172 Acts, 1901. — Chap. 216. 

Part of harbor oHB and thirtv-foiir one hundredths feet radius, tangient 

line in Cam- -.a i -iii ^• c t p <» 

bridge changed, at point A to the said harbor hne tor a distance ot rive 
hundred and three and one one hundredth feet; thence 
continuing southwesterly on a straiglit hne tangent to said 
curve and about one hundred feet soutlierly of the harbor 
line estabhshed by cliapter one liundred and seventy-seven 
of the acts of the year eighteen hundred and seventy- 
eight, for a distance of six thousand eight hundred thirty- 
eight and nineteen one hundredths feet ; thence westerly 
on a curve of twelve hundred feet radius, tangent to the 
last named line for a distance of foiu* hundred ninety-six 
and ninety- seven one hundredths feet; thence westerly 
on a straight line tangent to the last named curve to the 
easterly side of the Grand Junction Railroad bridge; 
thence westerly, maldng an angle of one hundred and 
sixty-six degrees, twenty minutes, measuring from a 
northeasterly to a northwesterly direction, about two 
hundred and eighty-one feet to the easterly side of Brook- 
line bridge, — being coincident with the lines approved 
by the secretary of war February thirteen and March 
seventeen in the year eighteen hundred and ninety. 

Repeal. Section 2, So mucli of chapter one hundred and 

seventy-seven of the acts of the year eiohteen hundred 
and seventy-eight as establishes a different harbor line 
is hereby repealed. 

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

Approved April 4, 1901. 

C'/i«?9.21G ^^ ^'^^ '^'^ PROVIDE THAT THE EXPENSES OF TRIAL JUSTICES FOR 
OFFICE RENT SHALL BE PAID BY THE COUNTY. 

Be it enacted^ etc. , as folloios : 
1898,555 Chapter five hundred and fifty-five of the acts of the 

amended. .^ . , - . ''.,., 

year eighteen hundred and ninety-eight is hereby amended 
by striking out the word ' ' exclusively ' ', in the fourth 
Office rent of line, SO as to read as follows : — The reasonable and neces- 
be paid by sarv expcuscs, not exceeding ten dollars a month, actually 
incurred by a trial justice for the rent of an office used 
by said justice for court purposes, shall be paid by the 
county in which the office is located, in the same manner 
as the expenses of district courts for rent are now paid. 

Ap)proved April 4, 1901. 



county. 



Acts, 1901. — Chaps. 217, 248. 173 



An Act making an appropriation for the pericins institu- (^/^^^^ 247 
tion and massachusetts school for the blind. 

Be it enacted, etc., asfolloios: 

Section 1. The sum of thirty thousand dollars is Perkins institu- 
hereby appropriated, to be paid out of the treasury of the chusettfi schooi 
Commonwealth from the ordinary revenue, to the Per- °^ ^ '° ' 
kins Institution and Massachusetts School for the Blind, 
as provided for by chapter nineteen of the resolves of the 
year eighteen hundred and sixty-nine. 

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

Approved Ajnil 4, 1901. 



An Act making appropriations for the salaries and expenses fUfffj, 94Q 

OF THE inspectors OF GAS METERS. _ -^ 

Be it enacted, etc., asfoUoivs: 

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, nineteen hundred and one, to wit : — 

For the salary of the inspector of gas meters, twenty- inspector of 

, , , , y, ^ ° "gas meters. 

five hundred dollars. 

For the salary of the iirst assistant inspector of gas First assistant. 
meters, fifteen hundred dollars. 

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

For the compensation of deputies of the inspector of Deputies. 
gas meters, a sum not exceeding twenty-five hundred 
dollars. 

For travelling and incidental expenses of the inspectors Expenses. 
of gas meters, a sum not exceeding twelve hundred dollars. 

For rent, apparatus, and general office expenses of the Rent, appara- 
inspector of gas meters, a sum not exceeding sixteen hun- *"'*>®*'=- 
dred dollars. 

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

Approved April 4, 1901. 



174 



Acts, 1901. — Chap. 249. 



1808, 548, § 104, 
amended. 



Notices of 
caucu^<e^^ in 
cities and 
towns. 



(7/itt7).249 -^ -^CT RELATIVE TO NOTICES OF CAUCUSES AND THE WITHDRAWAL 
OF A PERSON NOMINATED BY A NOMINATION PAPER FOR AN OFFICE 
TO BE FILLED AT A CAUCUS. 

Be it enacted, etc., as follows : 

Section 1. Section one hundred and four of chapter 
five hundred and forty-eight of tlie acts of the year eight- 
een iiun(h"ed and ninety-eiglit is iierehy amended l)y strik- 
ing out the wliole of said section and inserting in place 
thereof tiie following : — Section 104. Notices of cau- 
cuses in said cities or towns shall state the place Avhere 
and the day and hour when nomination papers shall be 
issued; the place where and the earliest day and hour 
when such nomination papers may be filed, which time 
shall l)e not less than twenty-four week-day hours succeed- 
ing three o'clock of the day fixed for issuing sucli ])apers; 
the ]ihice ^vhere and tlie tlay and hour prior to which such 
nomination papers shall be filed; and the day on which 
the several caucuses will be held, and shall be issued not 
less tJian eighteen days prior thereto. 

SECTION 2. Section one hundred and fourteen of said 
chapter is hereby amended by striking out tlie whole of 
said section and inserting in place thereof the following : — 
if^withdruvar*^ /S'ec^iOM 114. A persou nominated by a nomination pa])er 
may, within forty-eight week-day hours succeeding five 
o'clock of the day fixed for opening nomination papers, 
withdraw his name from nomination by a request in writ- 
ing signed by him with his own hand and filed with the 
secretary of the city or town committee. Thereupon the 
secretary shall immediately give notice of such withdrawal 
and of the provisions of this section to the person who 
filed such nomination paper, and such person may, within 
twenty-four week-day hours succeeding five o'clock of 
the last day fixed for making withdrawals, present a new 
name on a paper signed by himself with his own hand ; 
otherwise the chairman and secretary of the city or town 
committee may file nomination papers for the vacancy. 

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

Approved April 4, 1901. 



1898, .'■i48, § 114, 
amended. 



how filled. 



Acts, 1901. — Ciiaps. 250, 251, 252. 175 



An Act relative to the taking of land fok scuoolhouse p'/,^^ 2^0 

PURPOSES. -^ 

Be it enacted^ etc. , as follotos : 

Section 1. Sections forty-eight and forty-nine of chap- p. s. 44, §§ 48 
ter forty- four of the Pul)hc Statutes, which relate to the ^"'^^'-''^p"'^'"'^- 
taking of land for school purposes, are hereby repealed. 

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

Approved April 4, 1901. 

An Act to authorize the southbridge and sturbridge street (JJkijj 251 
railavay company to extend its railway to the towns of 
brookfield, ijkimiteld and wales, and to lease and oper- 
ate connecting street railways. 

Be it enacted, etc., as follows: 

Section 1. The Southbridoe and Sturbrido-e Street May construct, 

T-, •! /-^, , , • , • 1 , 6tc., its railway 

Kauway Company may construct, maintain and operate in certain 
its railway in the towns of Brookfield, Brimheld and Wales, 
upon the conditions set forth in its charter and in acts of 
the general court relating to the same, subject to the ap- 
proval of the selectmen of said towns and of the railroad 
commissioners as required by the general law. 

Skcti()n 2. Said company may lease street railways jray lease and 
which now or hereafter intersect or connect with tracks sfreet'ramvaye. 
which it is authoi'ized to l)uild, and may operate said leased 
roads on the conditions set forth in its charter and in acts 
of the general court passed in regard to it, subject to the 
approval of the railroad commissioners and of the select- 
men of the towns through which tlie railway passes. 

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

Approved April 4, 1901. 

An Act relative to infectious diseases among domestic r<hfjy. 9'^9 

ANIMALS. -'■ 

Be it enacted, etc., as follows : 

Section eight of chapter four hundred and eight of the 1899,40s, §8, 
acts of the year eighteen hundred and ninety-nine is hereby *'"*^°^*'*^- 
amended by inserting after the word ' ' killed ' ', in the 
twenty-sixth line, the words : — or if such animal has 
been inspected and proof satisfactory to said board has 
been furnished to it, by certificate or otherwise, of the 
freedom of such animal from disease, — so as to read as 



17(3 



Acts, 1901. — Chap. 253. 



to he isolat^Vr foUows : — Sectioii 8. 

killed. 



A reasonable 
euin may be 
paid to owner, 
etc. 



Proviso. 



"When the board of cattle commis- 
sioners or any of its members or agents, by examination 
of a case of contagious disease among domestic animals, 
is convinced that the public good requires it, the board, 
commissioner or agent shall cause such animal or anmials 
to be securely isolated, or shall cause it or them to be 
killed without appraisal or payment. Such order for kill- 
ing shall be issued in writing by the board or any of its 
members, and may l)e directed to an inspector or other 
person, and shall contain such direction as to the examina- 
tion and disposal of the carcass, and the cleansing and 
disinfecting of the premises where such animal was con- 
demned, as the board or commissioner shall deem expe- 
dient. A reasonal:)le sum may be paid out of the treasury 
of the Commonwealth for the expense of such kilhng and 
l)urial. If it shall subsequently appear, upon post mortem 
examination or otherwise, that such animal was free from 
the disease for which it was condemned, a reasonable sum 
therefor shall be paid to the owner by the Commonwealth. 
Whenever any cattle condemned as afflicted with the dis- 
ease of tuberculosis are killed under the provisions of this 
section the full value thereof at the time of condemnation, 
not exceeding the sum of forty dollars for any one animal, 
shall be paid to the owner out of the treasury of the Com- 
monwealth if such animal has been owned within the state 
six months continuously prior to its being killed, or if such 
animal has been inspected and proof satisfactory to said 
board has been furnished to it, by certificate or otherwise, 
of the freedom of such animal from disease: provided^ 
however^ that such person shall not have, prior thereto, 
in the judgment of the board, by wilful act or neglect, 
contributed to the spread of tuberculosis; but such de- 
cision on the part of the commissioners shall not deprive 
the owner of the right of arbitration as hereinafter pro- 
vided. Approved April 4, 1901. 



Qliap^K)^ Ax Act to authorize the natick and cocHiTrATE street rail- 
way COMPANY TO TRANSACT BUSINESS AS A COMMON CARRIER OF 
GOODS AND MERCHANDISE IN THE TOWN OF WAYLAND. 

JBe it enacted, etc. , as folloios : 
wmmon "carrier Section 1. The Natlck and Cochituatc Street Railway 
etc'^fnwa"'^'*^' Company may act as a common carrier of goods and 



land. 
Proviso. 



merchandise in the town of Wayland : jprovided, however. 



Acts, 1901. — Chaps. 251, 255. 177 

that said company shall not so act until authorized to do 
so by the selectmen of said town; and provided, /(ir(//e)\ Proviso. 
that said company shall in carrying goods and merchandise 
be subject to such by-laws, ordinances and regulations as 
may from time to time be made by the town of Wayland ; 
and shall also be subject to the provisions of chapter seventy- 
three of the Pul^lic Statutes and of all other laws relating 
to common carriers. 

Section 2. Said (5ompany may connect its tracks with J'r^c^s wltifthe* 
the tracks of the steam railroad in Wayland, now owned tracks of certaiu 

.' ■ steam railroad. 

or operated by the Boston and Maine Railroad, upon such 
terms and in such manner as may l)e agreed upon by and 
between said street railway company and said Boston and 
Maine Railroad, and as shall be approved by the board of 
railroad commissioners. 

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

Approved April 4, 1901. 

An Act to authorize street kailm^ay companies to carry /^7i^/^j 254 
newspapers and the united states mail. -' 

Be it enacfed, etc., as follows: 

Section 1, Any street railway company estabhshed street railway 

,, ci'/^ 11 i*/ companies may 

under the laws oi this Commonwealth may act as a com- carry news- 

p . .. / • I • 1 •, papers and the 

mon carrier oi newspapers m any city or town m which it united states 
is authorized to operate its railway, subject to such ordi- "*'^' 
nances and by-laws as may from time to time be made by 
such city or town, and also subject to the provisions of 
chapter seventy -three of the Public Statutes and of all 
other laws relating to common carriers; and may also 
carry the United States mail. 

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

Approved April 5, 1901. 



C7iaji.255 



An Act to limit the total liahilities of any person, firm 
OR cori*<>ration for money ijorrowed from safe deposit, 
loan and trust companies ilwing a capital stock of five 

HUNDRED thousand DOLLARS OR MORE. 

Be it enacted, etc., as follows : 

Section 1. Section seventeen of chapter four hundred ■'^*';,^ed ^ ^^' 
and thirteen of the acts of the year eighteen hundred and 
eighty-eight is hereby amended by striking out the words 
"to such corporation", in the first line, and by inserting 



178 



Acts, 1901. — Chaps. 256, 257. 



Liabilities of 
Corporations, 
etc., for money 
borrowed, etc. 



after the word ' ' members ' ', in the fourth line, the words : 
— to such corporations having a capital stock of five hun- 
dred thousand dollars or more shall at no tune exceed one 
fifth part of the surplus account and of such amount of 
the capital stock as is actually paid up, and to any other 
such corporation, — so as to read as follows : — Section 1 7. 
The total Habilities of any person, firm or corporation, 
other than cities or towns, for money borrowed, including 
in the liabilities of a company or firm the liabihties of its 
several members, to such corporations having a capital 
stock of five hundred thousand dollars or more shall at no 
time exceed one fifth part of the surplus account and of 
such amount of the capital stock as is actually paid up, 
and to any other such corporation shall at no time exceed 
one fifth part of such amount of the capital stock of this 
corporation as is actually paid up. But the discount of 
bills of exchange drawn in good faith against actually ex- 
isting values, and the discount of commercial or business 
paper actually owned by the person negotiating the same, 
shall not be considered as money borrowed. 

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

Approved April 5, 1901. 



Ch(ip.'2i^Q An Act making an appropriation for the care and mainte- 
nance OF BOULEVARDS AND PARKWAYS IN CHARGE OF THE 
METROPOLITAN PARK COMMISSION. 

Be it enacted^ etc.^ as follows: 

toia1ice1>f™ce"" Section 1. A sum uot exceediug sixty thousand four 
tuia boulevards, hundred and fifty dollars is hereby appropriated, to be 
paid out of the treasury of the Commonwealth from the 
ordinary revenue, for the care and maintenance of boule- 
vards and parkways in charge of the metropolitan park 
commission, during the year ending on the thirty-first 
day of December, nineteen hundred and one. 

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

Approved April 5, 1901. 



Ch(ip.257 ^^ ^^^ RELATIVE TO THE ANNUAL REPORTS OF THE PUBLIC DOCU- 
MENT SERIES. 

Be it enacted, etc., as foUoivs : 

mentl*'may'\n. The Teports of pubHc ofRccrs, boards and commissions 
of^c'lrtain''^'"'*^ provided for in chapter three hundred and ninety -three of 

statutes, etc. 



Acts, 1901. — Chaps. 258, 250, 260. 179 

the acts of the year eighteen hundred and ninety-fonr may 
indude abstracts or compilations of the statutes relating 
to the subject-matter of the respective reports. 

Approved April o, 1901. 



Chap.2b8 



An Act to exempt the Italian charitable and mutual kelief 
society of boston from oektain obligations of fraternal 
beneficiary corporations. 

Be it enacted^ etc., as foUoics : 

Section 1. The ItaHan Charitable and Mutual Rehef Certain eociety 

f>i • p x-> • 1 1 IP ■ exempted from 

bociety of Boston is hereby exempted from the provisions provieions of 
of chapter four hundred and forty-two of the acts of the 
year eighteen hundred and ninety-nine, relative to fraternal 
beneficiary corporations. 

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

Approved April 5, 1901. 



An Act to determine the times and places of holding pro 

BATE courts FOR THE COUNTY OF FRANKLIN. 

Be it enacted, etc., as follotvs : 
S 



Chap.2rj9 



ECTioN 1. Probate courts shall be held in each year Times and 
the county of Franklin, at Greenfield, on the first Filg^prohate*'^' 
Tuesday of each month except November, and on the county^of 
third Tuesday of February, March and Decem])er; at ^''"''^'^i'"- 
Orange, on the third Tuesday of January, April, July and 
October; at Shelburne Falls, on the third Tuesday of May 
and November; at Conway, on the third Tuesday of 
June; and at Northfield, on the third Tuesday of Sep- 
tember. 

Section 2. Chapter tw^o hundred and eighteen of the Repeal, 
acts of the year eighteen hundred and ninety-eight is hereby 
repealed. 

Section 3. This act shall take effect on the first day xo take effect 
of June in the year nineteen hundred and one. '^^^^ ^' ^^°^" 

Approved April 5, 1901. 



An Act making appropriations for salaries and expenses at 
the state hospital. 



Cha2).260 

Be it enacted, etc., as foUoics: 

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



180 



Acts, 1901. — Chap. 2G1. 



May take cer 
tain waters, 
lands, etc. 



specified, for tlie year ending on tlie tliirty-first day of 
Decem1)er, nineteen Imndred and one, to wit : — 
safariesTetc*'' ^or Salaries, wages and labor at the state hospital, a 
sum not exceeding forty-two thousand six hundred dollars. 
Expenses. -poY other Current expenses at the state hospital, a sum 

not exceeding one hundred and thirty thousand five hun- 
dred dollars. 

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

Approved April 5, 1001. 

GlutnJ^Syi. -^^ ^^"^ '•'O AUTHORIZE THE CITV OF NORTHAMPTOX TO INCREASE 
ITS AVATER SUPPLY AND INCUR INDEBTEDNESS TlIERliFOR 

Be it enacted^ etc., as follows: 

Section 1. The city of Northampton, acting by its 
water commissioners, for the purpose of providing an ad- 
ditional supply of water for the use of the city and its 
inhabitants, as authorized by chapter sixteen of the acts 
of the year eighteen hundred and seventy-one and acts in 
amendment thereof and in addition thereto, may from 
time to tune take, by purchase or otherwise, hold and con- 
vey to any part of the city, the waters of Day brook in 
said Northampton, of Beaver brook in Williamsburg and 
Hatfield in the county of Hampshire, and Whately in the 
county of Franklin and of West brook in said Whately, 
and the waters of any stream, springs and water sources 
within the watersheds of said brooks and their tributaries 
and confluents, and all water rights connected therewith; 
and may from time to time take and hold as aforesaid 
any lands, property, rights of way and easements that may 
be necessary or proper for holding, storing, conveying, 
distributing and preserving the purity of any of the waters 
aforesaid, and for effectually carrying out the object of 
this act ; and may erect on any lands so taken proper dams, 
reservoirs, storage basins, fixtures, structures, macliinery 
and apjiaratus, may make such excavations and embank- 
ments and provide such other means as may be necessary 
or advisable for said purposes, and may construct and lay 
down such conduits, canals, pipes or other works, under, 
through or over any lands, water courses, railroads and 
public and private ways as may be necessary or available 
for said purpose; and for all proper purposes of this act 
may dig up any such lands and any such public or private 
ways in such manner as to cause the least hindrance to 
public travel. 



May erect 
structures, etc 
lay down con- 
duits, etc. 



Acts, 1901. — Chap. 261. 181 

SEanoN 2. The city shall, within ninety days after the Description of 

,i- p 1, • ^ j_ £ i -Ij. j. lands, etc., to 

taking oi any lands, rights oi way, water rights, water be recorded. 
sources or easements as aforesaid, otherwise than by pur- 
chase, file and cause to be recorded in the registry of deeds 
for the county within wliich the same are situated, a 
description thereof sufficiently accurate for identification, 
with a statement of the purpose for which the same were 
taken, signed by the water commissioners of said city. 

Skction 3. The city shall pay all damages sustained Damages, 
by any person or corporation in property by the taking 
of any lands, rights of way, water, water source, water 
rights or easements, or by any other thing done by the 
city under the authority of this act. Any person or cor- 
poration sustaining such damages, who fails to agree with 
the city as to the amount of such damages, may have them 
assessed and determined in the manner provided by law in 
the case of lands 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 other injury under the authority of this act; but no 
such application shall be made after the expiration of said 
two years. No application for the assessment of damages 
shall be made for the taking of any water, water right, 
or for any injury thereto, until the water is actually with- 
drawn or diverted by the city under the authority of this 
act. 

Section 4. In every case of a claim for damages, as city may tender 
provided herein, the city may tender to the complainant or fhink"™oVer as 
his attorney any sum that it shall think proper, or may ^'""^"ges, etc. 
bring the same into court to l)e paid to the complainant 
for the damages by him sustained or claimed in his peti- 
tion; and if the complainant shall not accept the same, 
with the costs up to that time, but shall proceed in the 
suit, he shall be entitled to his costs up to the time of 
the tender, or of such payment into court, and not after- 
ward, unless he shall recover greater damages than were 
so offered; and the city shall be entitled to recover its 
costs afterward, unless the complainant shall recover 
ficreater damages than were so offered. 

Section 5. The city may, for the purpose of paying cityofNorth- 
the necessary expenses and liabilities incurred under the Loim^Acto^' 
provisions of this act, borrow money from time to time ^^"^" 
and issue therefor negotiable bonds, notes or scrip to an 
amount not exceeding two hundred thousand dollars. 



182 



Acts, 1901. — Chap. 261. 



City of North- 
amptou Water 
Loan, Act of 
1901. 



Penalty for 
diverting or 
corrupting 
water, etc. 



Certain riglits 
of city not 
abridged, etc. 



Such bonds, notes or scrip shall be signed by the treas- 
urer of the city and countersigned by the mayor, shall 
be denominated on the face thereof. City of Northampton 
Water Loan, Act of 1901, shall be payable at the expira- 
tion of periods not exceeding thirty years from the dates 
of issue, and shall bear such rate of interest, not exceed- 
ing four per cent per annum, as the city council of said 
city may determine. The city may sell such securities 
at public or private sale, or pledge the same for not less 
than the par value thereof for money borrowed for the 
purposes aforesaid, upon such terms and conditions as it 
may deem proper, and shall make payable annually a 
fixed proportion of the principal of said bonds, notes 
or scrip; and the city shall raise annually by taxation, 
or otherwise, the amount required to meet such interest 
and the proportion of the principal payable annually. 
The sinking funds of any loan of the city may be invested 
in such bonds, notes or scrip. 

Section 6. If any person shall use any water taken 
or obtained under this act, without the consent of the 
city, or shall wantonly or maliciously divert water so 
taken, or obtained, or corrupt the same, or render it im- 
pure, or destroy or injure any dam, aqueduct, pipe, con- 
duit, hydrant, machinery or other works or property 
held, owned or used by the city under the authority of 
and for the purposes of this act, he shall forfeit and pay 
to the city three times the amount of damages assessed 
therefor, to be recovered in an action of tort; and on 
conviction of either of the Avanton or malicious acts afore- 
said may be punished by a fine not exceeding three hun- 
dred dollars or by imprisonment in jail for a term not 
exceeding one year. 

Section 7. This act shall not abridge any rights here- 
tofore granted to the city in respect to its water supply ; 
and the powers specified in this act shall be held to be 
in addition to all powers heretofore granted. 

Section 8. This act shall take effect upon its passage. 

Approved April 5, 1901. 



Acts, 1901. — Chaps. 262, 263, 264. 183 



An Act to increase the amount of money allowed fok (77^aD.262 

CLERICAL AND MESSENGER SERVICE FOR THE STATE BOARD OF 
EDUCATION. 

Be it enacted, etc., as foHoivs: 

Skction 1. Section one of chapter one hundred and a^e'nded.^^' 
thirty-two of the acts of the year eighteen hundred and 
ninety-five is hereby amended by striking out the words 
"two thousand", in the second Hne, and inserting in 
place thereof the words: — twenty-three hundred, — so 
as to read as follows : — Section 1. The board of educa- state board of 

education. 

tion may expend annually a sum not exceeding twenty- 
three hundred dollare for clerical and messenger service. 
Section 2. This act shall take effect upon its passage. 

Approved April 5, 1901. 

An Act relative to the printing of certain public docu- Chan.263 

MENTS. 

Be it enacted, etc., as follows: 

Section 1. There shall be printed annually, for dis- Number of cer- 
tribution according to law, forty-five hundred copies of d^ocume'utstobe 
the report of the Massachusetts highway commission ; p"°*®^- 
twenty -five hundred copies of the report of the trustees 
of the Massachusetts state sanatorium ; and one thousand 
copies of so much of the annual report of the state board 
of charity as relates to the returns of certain charitable 
corporations made to the board under the provisions of 
chapter two hundred and fifty-nine of the acts of the 
year eighteen hundred and ninety-nine. 

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

Approved April 5, 1901. 

An Act relative to the rate of taxation in cities having less QJian.26i: 

THAN ONE HLTS^DRED THOUSAND INHABITANTS. 

Be it enacted, etc., as folloivs: 

Section 1. Section two of chapter three hundred and ^^^^jj^ed.* '^' 
ninety-nine of the acts of the year nineteen hundred is 
hereby amended by adding at the end thereof the words : 
— This act shall not be construed to repeal the provi- 
sions 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 



184 Acts, 1901. — Chaps. 265, 266. 

year eighteen hundred and ninety-three, — so as to read 
Repeal, etc. ^^ follows : — jSectiOH 2. Chapter one hundred and 
seventy -eight of the acts of the year eighteen hundred 
and eighty-five and chapter two hundred and eigiity-one 
of the acts of the year eighteen hundred and eighty -seven 
are hereby repealed. This act shall not be construed to 
repeal the provisions 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. 
Section 2, This act shall take effect upon its passage. 

Approved April 8, 1901. 

C7iap.265 Ax Act relative to voting lists used at caucuses. 

Be it enacted, etc., as foUoivs : 

imendfd.^ ^^^' Section 1. Scctiou oue huudrcd and tAventy-five of 

chapter five hundred and forty- eight of the acts of the 

year eighteen hundred and ninety-eight is hereby amended 

by striking out the whole of said section and inserting in 

Certified copy placc thereof the following : — Section 125. The city 

cheTkeTmay'be or towu clerk, and in Boston the election commissioners, 

furuiBhed. upon writtcu application, signed by at least ten voters 

of a ward or town, for a copy of the list as checked, may 

open the envelope containing the voting list used at any 

caucus in such ward or town and shall furnish to them a 

certified copy thereof as checked. 

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

Approved April 9, 1901. 

ChaP.2(jQ ^^ -^CT TO AUTHORIZE THE CITY OF BOSTON TO PAY CERTAIN SUMS 
OF MONEY TO MARY A. PEARSON AND AUGUSTA W. MACCABE. 

Be it enacted, etc., as follows: 
City of Boston Section 1. The citv of Boston is hereby authorized 

may pay certain .-i-," -i c -r • -t~\ n 

Bums of money to pay to Mary A. Pearson, widow or Linus Ji. rearson 
o'f unne^^^ late a member of the board of election commissioners of 
charie8°r*^ the city, and to Augusta W. MacCabe, widow of Charles 
MacCabe. ^ MacCabe late an employee of the city, respectively, 

the remainder of the salary to which said Linus E. Pear- 
son and Charles A. MacCabe would have been entitled 
had they hved and continued in such service during the 
whole of the financial year nineteen hundred. 

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

Approved April 9, 1901. 



Acts, 1901. — Chaps. 267, 268. 185 



An Act to authorize the united states hotel company to (J], an 967 

HOLD ADDITIONAL PUOPEUTY AND TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as foUoivs: 

Section 1. The United States Hotel Company, a cor- The united 
poration established under the name of the Proprietors colnpanymay 
of the City Hotel in Boston, by chapter one hundred ^l^iie^nJ!"'""'' 
and three of the acts of the year eighteen hundred and 
twenty- four, may hold property in the city of Boston 
and within the territory bounded by Lincoln, Beach, 
Kingston and Tufts streets, for the purposes of its in- 
corporation, to an amount not exceeding two million 
dollars. 

Section 2. Subject to the provisions of the general clpuliTtock! "* 
laws relating to corporations the said company may in- 
crease its capital stock to an amount not exceeding two 
million dollars, such increase to be made only under the 
direction and with the approval of the commissioner of 
corporations. 

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

Approved April 9, 1901. 



Cha2?.26S 



Ak Act relative to certain offences against property. 
Be it enacted, etc., as follows : 

Section 1. Sections seventy-six, seventy-seven, certain provi- 
seventy-eight, seventy-nine, as amended by chapter amended."''^ 
eighty-one of the acts of the year eighteen hundred and 
eighty-three, eighty, eighty-one, eighty-two, eighty- 
three, eighty-five, eighty-six and eighty-seven of chap- 
ter two hundred and three of the Public Statutes are 
amended as follows : — 

Section 2. Section seventy-six of said chapter is p- ■*'• 203, § 78, 

-,-,, ... , -^^ 1..1,, amended. 

amended by strikmg out the words ' ' and maliciously , 
in the first Hne, by striking out in the sixth, seventh and 
eighth lines, the words "or maliciously", and inserting 
in place thereof in each place the words : — intentionally 
and without right, — so as to read as follows : — Section Penalty for 

utfilroviiitr etc 

76. Whoever wilfully, intentionally and without right cortaiii monu- ' 
,11 . . ' , , " , nifntw, mile- 

breaks down, injures, removes, or destroys a monument Btouee. lamps, 

erected for the purpose of designating the l)oundaries ^^'^' 

of a city or town, or of a tract or lot of land, or a tree 

marked for that purpose, or so breaks down, injures, re- 



186 



Acts, 1901. — Chap. 268. 



p. S. 203, § 77, 
ameuded. 



Penalty for 
defacing, etc., 
building of the 
Commouwealth 



P. S. 203, §§ 78, 
79, etc., 80, 81, 
82 and 85, 
amended. 



Penalty for 
injury, etc., to 
school-house, 
church, etc. 



Penalty for 
defacing books, 
etc., in public 
libraries, etc. 



moves, or destroys a mile- stone, mile- board, or guide- 
board erected upon a highway or other public way or 
railroad, or wilfully, intentionally and without right de- 
faces or alters the inscription on any such stone or board, 
or wilfully, intentionally and without right mars or de- 
faces a building or sign-board, or extinguishes a lamp, or 
breaks, destroys, or removes a lamp, lamp-post, railing, 
or posts erected on a bridge, sidewalk, street, highway, 
court, or passage, shall be punished by imprisonment in 
the jail not exceeding six months, or by fine not exceed- 
ing fifty dollars. 

Section 3. Section seventy- seven of said chapter is 
amended by inserting after the word "wilfully ", in the 
first line, the words : — intentionally and without riglit, 

— so as to read as foUows : — Section 77. Whoever wil- 
fully, intentionally and without right defaces, mars, or 
injures the Avails, wainscoting, or any other part of the 
state house or of any other building, or the appurtenances 
thereof, belonging to the Commonwealth, by cutting, 
writing, or otherwise, shall be punished by fine of not 
less than five dollars. 

Section 4. Sections seventy-eight, seventy-nine, 
amended as aforesaid, eighty, eighty-one, eighty-two 
and eighty- five of said chapter are amended by striking 
out the words "and maliciously ", in the first line of each 
of said sections, and inserting in place thereof the words : 

— intentionally and Avithout right, — so as to severally 
read as follows : — Section 78. Whoever Avilf ully, in- 
tentionally and without right, or wantonly and without 
cause destroys, defaces, mars, or injures a school-house, 
church, or other building erected or used for purposes of 
education or reHgious instruction, or for the general dif- 
fusion of knowledge, or an out- building, fence, Avell, or 
appurtenance of such school- house, church, or other build- 
ing, or furniture, apparatus, or other property belonging 
to or connected with such school-house, church, or other 
building, shall be punished by fine not exceeding five 
hundred doUars, or by imprisonment in the jail not ex- 
ceeding one year. Section 79. Whoever wilfully, in- 
tentionally and without right, or wantonly and without 
cause, w^rites upon, injures, defaces, tears or destroys a 
book, plate, picture, engraving, map, newspaper, maga- 
zine, pamphlet, manuscript, or statue belonging to a law, 
town, city, or other public or incorporated library, shall 



Acts, 1901. — Chap. 268. 187 

be punished by fine of not less tlian five nor more than 
fifty dollars, or by imprisonment in the jail not exceeding- 
six months. Section 80. Whoever wilfully, intentionally Penalty for 
and without right, by the explosion of gunpowder or any etc"'^by exp'io-^' 
other explosive substance, unlawfuDy destroys or injures powdirfetl!". 
a dwelling-house, office, shop, or other building, or a 
ship or vessel, shall be punished by imprisonment in the 
state prison not exceeding twenty yeare, or in the jail 
not exceeding five years, or by fine not exceeding one 
thousand dollars. Section 81. Whoever wilfully, inten- peuaityfor 
tionally and without right throws into, against, or upon, pJosheTut^' 
or puts, places, or explodes or causes to be exploded in, d^vemng^etc. 
upon, or near a dwelling-house, office, shop, building, or 
vessel, any gunpowder or other explosive substance, or 
a bomb-shell, torpedo, or other instrument filled or loaded 
with an explosive substance, with intent unlawfully to 
destroy or injure such dwelling-house, office, shop, build- 
ing, or vessel, or any person or property therein, shall be 
punished by imprisonment in the state prison not exceed- 
ing ten years, or in the jail not exceeding five years, or 
by fine not exceedino- five hundred dollars. Section^ 82. Penalty for 

-TTTi M .' n • • n 1 • 1 • 1 1 thiowiug nox- 

Whoever wiirully, mtentionaiiy and witiiout right throws ionsormthy 

. . • . ^ 1 IT 1 ai ^ Biibetances 

into, against, or upon a dwelling-house, office, shop, or into dwellings, 
other building, or a vessel, or puts or places therein *'"■ 
or thereon any oil of vitriol, coal tar, or other noxious or 
filthy sul)stance, with intent unlawfully to injure, deface, 
or defile such dwelling-house, office, shop, building, or 
vessel, or any property therein, shall be punished by im- 
prisonment in the state prison not exceeding five years, 
or in the jail not exceeding three years, or by fine not 
exceeding three hundred dollars. Section 6*0. Whoever penalty for 
wilfully, intentionally and without right breaks down, reiervohs'lTtc!' 
injures, removes, or destroys a dam, reservoir, canal, or 
trench, or a gate, flume, flash-boards, or other appur- 
tenances thereof, or a wheel, or mill gear, or machinery 
of a water-mill or steam-mill, or wilfully or wantonly, 
Avithout color of right, draws off the water contained in 
a miU-pond, reservoir, canal, or trench, or obstructs 
such water from flowing out of the same, shall be pun- 
ished by imprisonment in the state prison not exceeding 
five years, or by fine not exceeding five hundred dollars 
and imprisonment in the jail not exceeding two years. 

Section 5. Section eighty-three of said chapter is p^^;^^^, §83, 
amended by striking out the words "or maliciously ", in 



188 



Acts, 1901. — Chap. 269. 



Penalty for 
injury to dwell- 
ing, etc. 



P. 8. 203, 
amended. 



Penalty for 
Injury, etc., 
certain ice. 



the first line, and inserting in place thereof the words : 
— intentionally and without right, — so as to read as 
follows : — Section 83. Whoever wilf uUy, intentionally 
and without right destroys, injures, defaces, or mars a 
dwelling-house or other building, whether upon the in- 
side or outside, shall be })unished by imprisonment in 
the jail not exceeding sixty days, or by fine not exceeding 
fifty dollars. 

Section 6. Section eighty-six of said chapter is 
amended by striking out the word ' ' maliciously ' ', in 
the first line, and inserting in place thereof the word : — 
intentionally, — so as to read as f oUows : — Section 86. 
Whoever wilfully, intentionally, and without right or 
license, cuts, injures, mars, or otherwise damages or de- 
stroys ice upon waters from which ice is or may be taken 
as an article of merchandise, whereby the taking thereof 
is hindered or the value thereof diminished for that pur- 
pose, shall be punished by fine not exceeding one hundred 
dollars. Approved April 10, 1901. 



Ch(in.2QQ ^^ -'^^'^ KELATIVE TO THE CONSTRUCTION AND KEPAIK OP STATE 
HIGHWAYS BY THE MASSACHUSETTS HIGHWAY COMMISSION. 

Be it enacted, etc. , as foUotvs : 

audrepai'rrf Sp:ction 1. The Massachusctts highway commission 

etate highways, jg hereby authorized to expend a sum not exceeding five 
hundred thousand dollars for the construction and repair 
of state highways. Of this sum one hundred thousand 
dollars shall be reserved for expenses incurred after the 
first day of January in the year nineteen hundred and 
two. 

Section 2. For the purpose of meeting the expendi- 
ture hereby authorized the treasurer and receiver general 
is hereby empowered, with the approval of the governor 
and council, to issue scrip or certificates of indebtedness 
to an amount not exceeding five hundred thousand dol- 
lars, for a term not exceeding thirty years. Such scrip 
or certificates of indebtedness shall be issued as regis- 
tered bonds or with interest coupons attaclied, and shall 
bear interest not exceeding four per cent per annum, 
payable semi-annuaUy. They shaU be designated on 
their face as the State Highway Loan, shall be counter- 
signed by the governor, and shall be deemed a pledge 
of the faith and credit of the Commonwealth; and the 



state Highway 
Loan. 



Acts, 1901. — CiiAr. 270. 189 

principal and interest thereof shall be paid at the times 
specified therein in gold coin of the United States or its 
equivalent. They shall be sold at public auction, or dis- 
posed of in such other manner, at such times and prices, 
in such amounts and at such rates of interest, not exceed- 
ing the rate above specified, as shall be deemed best. 
The sinking fund established by chapter four hundred sinking fund, 
and ninety- seven of the acts of the year eighteen hundred 
and ninety-four shall also be maintained for the purpose 
of providing for the payment of the bonds issued under 
authority of this act, and the treasurer and receiver gen- 
eral shall apportion thereto from year to year an amount 
sufficient with the accumulations of said fund to extinguish 
at maturity the debt incurred by the issue of said ])on(ls. 
The amount necessary to meet the annual sinking fund 
requirements and to pay the interest on said bonds shall 
be raised by taxation from year to year. 

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

Approved April 10, 1901. 

An Act to autiiokize the town of Lincoln to lay out special (^Jjnj^ '^TO 

TOWN WAYS FOK THE USE OF STREET RAILWAY COMPANIES. 

Be it enacted, etc., as foHoivs : 

Section 1. The town of Lincoln may lay out special Townofuin- 

•' -^ , 1 coin may lay out 

town ways for railways operated by any motive powder special iowh 
except steam. Such ways may cross highways and town railways, etc. 
ways, at grade or otherwise, and shall be laid out, altered 
and discontinued in the manner provided by law in the 
case of town ways, except that the selectmen shall exer- 
cise the powers conferred on the road commissioners, if 
any are chosen by the town, and that there shall be no 
appeal to the county commissioners; and the rights and 
remedies of all persons interested shall be the same, so 
far as they may be a]^plicable, as those provided in the 
case of town ways. There may be included in such ways 
land necessary or convenient for approaches, and for 
Vjuildings or other structures used in the operation of such 
railways. 

Section 2. The selectmen of the said toAvn may grant selectmen may 

■1 , . . , 2 , , •^ • 1 grant locations, 

locations m such ways to street railway companies, sub- etc. 
ject to the terms, conditions and obligations authorized 
by law in the case of grants of locations to street railway 
companies in public streets, and may require any com- 



190 Acts, 1901. — Chap. 270. 

grinfiScati^us, P^^J ^o wMch a locatioii is granted to pay for the same 
etc. such amounts and in such manner as the railroad com- 

missioners shall approve, but no grant of location shall 
take effect until approved by vote of the town ; or the 
selectmen may, in the name and behalf of the town, lease 
any such way to one or more street railway companies 
for a period not exceeding ninety-nine years in any one 
case, subject to such terms, conditions and obligations as 
may be agreed upon by the parties and approved by the 
railroad commissioners, and by vote of the town. In 
granting any location or making any lease the selectmen 
may require of the company receiving the same, security 
to the town by bond or otlierwise that the company will 
perform and observe the terms, conditions and obligations 
imposed by such grant or provided in such lease. Any 
street railway company organized under general or special 
law and having authority to operate a street railway in 
the town of Lincoln may, if it obtains a location or lease 
as above provided, construct, maintain and operate its 
road over such special town ways. The town shall be 
under no obhgation to perform any work of construction, 
but may do such work as it deems expedient. 
which?piciai Section 3. Such special town ways shall be used only 
beVseXetc."**^ ^^r the purpose stated in the first section, except that 
drains, pipes, tubes and conduits, for water, gas, electric 
Avires, and other like objects, and poles for wires and 
cables, may be laid, erected and maintained therein as in 
the public streets. Town ways and highways may be 
laid out, altered or located anew across any special town 
way at grade or otherwise. The said town shall not be 
liable for any defect in a special town way, nor obliged 
to keep the same in repair. 
Croeeines may Section 4. Whcu auv pcrsou is cut off by a Special 

be established in -t ^ i i 

or abolished in towii way f rom access to lands owned by such person the 
am 868. geie(3^iT(^en shall, after due notice to the parties in interest 
and a hearing, establish a crossing, and shaU make from 
time to time all reasonable orders as to the construction, 
maintenance and use thereof, and shall apportion the ex- 
pense of construction, and from time to time the expense 
of maintenance, between such person, the town, and the 
street railway companies using the way, as justice may 
require. Any such crossing, if it has become unneces- 
sary or inconvenient, may be abolished by the selectmen 
after due notice to the parties in interest and a hearing; 



Acts, 1901. — Chap. 270. 191 

but no crossing shall be abolished against the consent 
of a person who would thereby be cut off from access to 
his lands, until another crossing established in the man- 
ner herein provided is substituted therefor. Any person Persons 
aggrieved by any action or failure to act on the part of "ppeaTto ^\h 
the selectmen in relation to such crossing may appeal to 1°oLib%Tc^' 
the railroad commissioners by petition filed within one 
month after the action complained of, or within three 
months after appHcation is first made to the selectmen 
if they have failed for two months to take final action 
thereon ; and the railroad commissioners, after due no- 
tice to the parties in interest and a hearing, shall make 
such order as the selectmen might have made. The Enforcement 
superior court sitting in equity shall have jurisdiction °^°"^®''*- 
to enforce any order made b}'^ the selectmen or railroad 
commissioners as above provided. 

Section 5. For the purpose of paying and discharg- Lincoln special 
ing all necessary expenses and liabilities incurred under lom^ ^*^ 
the provisions of this act the town of Lincoln shall have 
authority from time to time to issue bonds to such an 
amount as shall be approved by the board of railroad 
commissioners. Said ])onds shall be signed by the treas- 
urer and countersigned by a majority of the selectmen ; 
shall be payable at 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 ; 
shall bear on their face the words, Lincoln Special .Town 
Way Loan ; and may be sold at pul)lic auction or private 
sale. The town shall annually raise by taxation a sum Payment of 
sufficient to pay the interest on said loan as it accrues, °*"' '''''• 
and shall establish a sinking fund and contribute thereto 
an amount raised annually by taxation sufficient with the 
accumulations thereof to extinguish said loan at maturity ; 
and said sinking fund shall be applied to the payment of 
the principal of the loan until the same is discharged and 
paid, and shall be used for no other purpose. The sink- 
ing fund commissioners of the said town shall be trustees 
of said sinking fund, and may invest in said lionds. They 
shall report the condition of said sinking fund, and render 
an account of their doings in relation thereto, annually 
to the town. 

Section fi. Said town shall each year apply the net femin income 

. •. /•! to he applied to 

income and receipts derived from the said grants of loca- payment of 
tions and said leases to the payment of said interest, and 



192 



Acts, 1901.— Chap. 271. 



When to take 
effect. 



the remainder, if there be any, of such net income and 
receipts, it shall pay into the sinking fund so far as may 
be necessary to maintain the same, as provided in the 
preceding section, and the amount so applied or paid shall 
be deducted from the sums which would otherwise be re- 
quired to be raised by taxation. 

Section 7. Nothing shall be done under this act until 
it has been accepted at a town meeting called for the pur- 
pose. After the town has accepted this act no grant by 
the selectmen to a street railway company of a location 
in any public street in the town shall take effect until 
approved by vote of the town. 

Section 8. This act shall take effect upon its passage. 

Approved April 10, 1901. 



(JhcipJ^nX A^ ^CT TO AUTHORIZE THE TOWN OF WESTFIELI) TO MAKE AN 

ADDITIONAL AVATEK LOAN. 



Weftfield 
Water Loan, 
Act of 1901. 



Payment of 
loan. 



B'i it enacted, etc., as folloivs: 

Section 1. The town of Westfield, for the purposes 
mentioned in chapter three hundred and forty two of the 
acts of the year eighteen hundred and ninety-five, may 
borrow money from time to time and issue therefor ne- 
gotiable bonds, notes or scrip to an amount not exceed- 
ing the sum of twenty-five thousand doUars in addition 
to the amounts heretofore authorized by law to be issued 
by it for the same purposes. Such bonds, notes or scrip 
shall be signed by the treasurer of the town and counter- 
signed by the chairman of the board of water commis- 
sioners, and shall be denominated on the face thereof, 
A\^estfield Water Loan, Act of 1901. They shall be pay- 
able at the expiration of periods not exceeding thirty 
years from the dates of issue, and shall bear such rate of 
interest, not exceeding four per cent per annum, as the 
town may determine. The town may sell such securities 
at public or private sale, or pledge the same for not less 
than the par value thereof for money borrowed for the 
purposes aforesaid, upon such terms and conditions as it 
may deem proper, and shall make payable annually a 
fixed proportion of the principal of said bonds, notes or 
scrip ; and the town shall raise annually by taxation the 
amount required to meet such interest and the proportion 
of the principal which is payable annually. 

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

Approved April 10, 1901. 



Acts, 1901. — Chap. 272. 193 



An Act to incokporatr the stony bkook valley street rail- (JJkuj 272 
way company. 

Be it enacted, etc., as follows: 

Section 1. Benjamin II. Hartwell, Frank Lawrence stony Brook 
Blood, Walker J. Sleeper, Samuel Kaylor, Horace B. Railway oom- 
Parker, Thomas F. Carey and Francis A. Cuddihy, their S!"'°'"^'''' 
associates and successors, being the persons heretofore 
associated by articles in writing, are hereby made a cor- 
poration under the name of the Stony Brook Valley Street 
Railway Company, with aU the rights, powers and privi- 
leges and subject to all the duties, obligations and restric- 
tions set forth in aU general laws now or hereafter in 
force relating to street railway companies, except as here- 
inafter provided. 

Section 2. All rights, privileges and locations here- certain rights, 
tof ore granted to said incorporators, or any of them, as coMiirmed'.*'^'^'' 
such associates, under the general laws of the Common- 
wealth, by the selectmen of the towns of Ayer, Groton, 
Westford and Chelmsford, respectively, and subject to 
aU the terms, conditions, obligations and restrictions in 
said locations imposed, are hereby ratified and confirmed 
to the company hereby incorporated, which shall have 
the same right to hold and enjoy the same as if they 
had orifi-in ally been granted to it bv said selectmen: and May construct, 

. -, ^ ^ '-' ."" •■• 1 etc., a railway, 

said company may construct, equip, maintain and oper- etc. 
ate a railway, with single or double tracks, and with 
convenient turn-outs and switches, upon such locations, 
in accordance with the terms of the grants thereof, and 
elseAvhere in said towns in accordance Avith law, and 
upon and over such streets or highways in said towns as 
have been designated as aforesaid, and as shall be from 
time to time designated, subject to such conditions, obli- 
gations and restrictions as have been or shall be imposed 
in the grant of locations to said company by the select- 
men of said towns within their respective hmits. 

Section 3. Said company may use in the operation Motive power, 
of its railway any approved system of motive power other ^^■ 
than steam, and may, with the consent of the respective 
selectmen of said towns, make such underground and sur- 
face alterations of the streets and highways, and tnay 
erect such poles and wires on private land, with the con- 
sent of the owners thereof, or on land leased or purchased 



194 



Acts, 1901. — Chap. 272. 



May act as a 
common carrier 
of merchaudiee, 
etc. 



ProviBoe. 



Capital Btock. 



May issue 
mortgage bonds, 
etc. 



Issue of stock 
or bonds to be 
approved by 
railroad com- 
missioners. 



by said company, as may be necessary or convenient to 
establish, maintain and transmit said motive power. 

Section 4. Said company may carry the United States 
mails, and fuel and supphes for its own use, and ma}'^ act 
as a common carrier of baggage and small parcels of mer- 
chandise, to such extent as its directors may from time 
to time determine, over its railway and that of any com- 
pany over which it may have trackage rights : provided^ 
hoioevei\ that said company shall not act as such common 
carrier in any city or town until authorized so to do by 
the board of aldermen or selectmen thereof; and p)^'o- 
vided, further, that said company shall in the carrying 
of such parcels of merchandise be subject to the provi- 
sions of chapter seventy- three of the Pubhc Statutes and 
to all other laws relating to common carriers, and shaU 
also be subject to such by-laws, ordinances and regula- 
tions in any city or town, not inconsistent with said chap- 
ter and laws, as may from time to time be made by such 
city or town. 

Section 5, The capital stock of said company shall 
not exceed the sum of three hundred thousand dollars, 
but may be increased from time to time under the pro- 
visions of the general laws applicable to street railway 
companies. 

Section 6. Said company in order to meet the ex- 
penses incurred under this act may from time to time, by 
vote of the majority in interest of its stockholders, issue 
coupon or registered bonds. All bonds so issued shall 
first be approved by some person appointed by the cor- 
poration 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 prop- 
erty of the company, subject to the general laws relative 
thereto ; and in such mortgage the company may reserve 
to its directors the right to sell or other^^^se 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. 

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 ; and if they approve such issue a certificate setting 
forth such approval shall be executed by the board and 



Acts, 1901. — Chaps. 273, 274. 195 

filed by said company in tlie office of the secretary of the 
Common wealth. 

Section 8. This act shall take effect upon its passage. 

Approved April 10, 1901. 



Chcqj.273 



An Act making an appkopkiation for the cake op reserva- 
tions UNDER THE CONTROL OF THE METROPOLITAN PARK COM- 
MISSION. 

Be it enacttd, etc., as follows : 

Section 1. A sum not exceeding: one hundred and care of certain 

o reservations. 

twenty thousand nme hundred and fifty dollars is hereby 
appropriated, to lie paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the care of 
reservations under the control of the metropolitan park 
commission, during the year ending on the thirty-first 
day of December, nineteen hundred and one. 

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

Approved April 10, 1901. 



Chap.274. 



An Act to authorize the color guards of the grand army 

OF the republic and of the legion of SPANISH AVAR VET- 
ERANS TO PARADE IN PUBLIC WITH FIREARMS. 

Be it enacted, etc. , as follows : 

Section 1. Section six of chapter four hundred and isos, 465, §6 

r. i>i r>i •! 1111 •^'■'^•1 amended. 

sixty- five of the acts of the year eighteen hundred and 
ninety-five, as amended by section one of chapter one 
hundred and sixty-two of the acts of the year nineteen 
hundred, is hereby further amended by inserting after 
the word "general", in the twenty-eighth line, the 
words : — and j;roi'/t/e(/, furtJier, that regularly organ- 
ized posts of the grand army of the repubhc, and reg- 
ularly organized camps of the legion of Spanish war 
veterans, may parade color guards of not more than 
twelve men, armed with firearms, in pubhc at all times, 
— so as to read as follows : — Section 6. No body of Dmiing, etc., 

, - , . , * with firearms 

men whatsoever, other than the regularly organized corps restricted, etc. 
of the militia, the troops of the United States and the 
Ancient and Honorable Artillery Company of Boston, 
shall maintain 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 Common- 
wealth ; nor shall any city or town raise or appropriate 



196 Acts, 1901. — Chap. 275. 

any money toward arming, equipping, uniforming or in 
any way supporting, sustaining or providing drill rooms 
•ProviBoe. qj. armorics for any such body of men : provided, that 

associations wholly composed of soldiers honorably dis- 
charged from the service of the United States may parade 
in pul)hc with arms, upon the reception of any regiments 
or coinpanies 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 select- 
men of the towns in which they desire to parade; and 
provided, further, that students in educational institu- 
tions where military science is a prescribed part of the 
course of instruction may, with the consent of the gov- 
ernor, drill and parade with firearms in pubhc, under 
the superintendence of their teachers, and provided, fur- 
ther, that any body of men under eighteen years of age 
may, with the consent of the governor, drill and parade 
in pul)lic with any harmless imitation of firearms which 
has been approved by the adjutant general, and provided, 
further, that regularly organized posts of the grand wcray 
of the repubhc, and regularly organized camps of the 
legion of Spanish war veterans, may parade color guards 
of not more than twelve men, armed with firearms, in 
pubhc at all times. This section shall not be construed 
to prevent any organization heretofore authorized thereto 
by law from parading with side arms, 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 effect upon its passage. 

Approved April 10, 1901. 



Chav.275 ^^ ^^"^ relative to beneficiaries which may be named in cer- 
tificates ISSUED BY fraternal BENEFICIARY CORPORATIONS. 

Be it enacted, etc., as follows: 

imendtd ^ "' Sectlou clcveu of chapter four hundred and forty-two 
of the acts of the year eighteen hundred and ninety-nine 
is hereby amended by inserting after the word "certifi- 
cate", in the twenty-first fine, the words: — provided, 
that such member may, with the consent of the officers 
of the corporation, name as beneficiary any home situated 



Acts, 1901. — Chap. 275. 197 

in and incorporated under the laws of this Common- 
wealth, and maintained and supported by any secret fra- 
ternity or order, for the care and maintenance of its aged, 
infirm, indigent or unfortunate members, or for the care 
and support of the wives or widows of such members, or 
for the care, support and education of minor children of 
such members or of deceased members, to the extent of 
any sum disbursed for the benefit of such member, wife, 
widow or child, by such home, reckoned at the average 
cost of maintenance therein, during the period of main- 
tenance of such meml)er, wife, widow or child, together 
with any sums expended for assessments, dues, tax or 
other payments by such home by reason of such benefit 
certificates ; and may further provide that after said sum 
shall have been paid any remaining sum shall be paid to 
such other beneficiary as the member may lawfully des- 
ignate, — so as to read as follows: — Section 11. Any ^^^T^^^^corpo- 

~'. -TT •!• -\ " rations may 

corporation duly organized and transacting business under pay sick or 

1 • death benefits 

this act, which conducts its business as a fraternal society etc. 
on the lodge system, or which limits its certificate holders 
to a particular order, class, or fraternity, or to the em- 
ployees of towns, cities, the Commonwealth, or the fed- 
eral government, or of a designated firm, business house 
or corporation, may make provision for the payment 
of benefits in case of death, or for both death benefits 
and sick or disabihty benefits. The funds from which 
the payment of such benefits shall be made shall be de- 
rived only from assessments collected from the members, 
except as provided in this section and in section four- 
teen of this act. The fund from which the expenses shall 
be defrayed may be derived from a per capita tax, dues 
or expense assessments. Such provisions, funds, assess- 
ments and payments shall be as required and provided 
for in the by-laws of the corporation. Such death benefit to whom death 

11 1 111 1 T rr» 11 benehts shall bo 

shall be payable only to the husband, wife, afhanced hus- payable. 
band, affianced wife, child by legal adoption, parent by 
legal adoption, relatives of, or persons dependent upon 
the member named in the benefit certificate : jrrovided, P'o^^so. 
that such member may, with the consent of the officers of 
the corporation, name as beneficiary any home situated 
in and incorporated under the laws of this Common- 
wealth, and maintained and supported by any secret fra- 
ternity or order, for the care and maintenance of its aged, 
infirm, indigent or unfortunate members, or for the care 



Provisos. 



198 Acts, 1901.— Chap. 276. 

and support of the wives ot widows of such members, or 
for the care, support and education of minor children of 
such members or of deceased members, to the extent of 
any sum disbursed for the benefit of sucli member, Avife, 
widow or child, by such home, reckoned at the average 
cost of maintenance therein, during the period of main- 
tenance of such member, wife, widow or child, together 
with any sums expended for assessments, dues, tax or 
other payments by such home by reason of such benefit 
certificates ; and may further provide that after said sum 
shall have been paid any remaining sum shall be paid to 
such other beneficiary as the member may lawfully des- 
ignate; pi'ovided^ however, that in any instance where 
a benefit certificate has been issued in accordance with 
the above provisions and the beneficiary therein named 
and the husband, wife, affianced hus])and, affianced wife, 
child, child by legal adoption, parent, parent by legal 
adoption, or persons dependent upon the member named 
in the benefit certificate have all died, the member with 
the consent of the officers of the corporation, and under 
such rules as they may prescribe, may have the certificate 
transferred to any other person, and j^^'ovnled, further, 
that the benefit certificate shall, in effect, provide that if 
the death of the member therein named shall occur when 
one full assessment on each memljcr would not amount 
to the face sum of the maximum certificate of such cor- 
poration, then the amount paid the beneficiary thereunder 
shall not exceed the amount of such full assessment or 
the proportionate part thereof which said face sum named 
in such certificate bears to such maximum certificate, 
but this restriction shall not apply to a corporation which 
confines its membership to the permanent employees of 
towns, cities, the Commonwealth, or the federal govern- 
ment, nor to a corporation having an emergency or re- 
serve fund until such fund shall have been exhausted. 

Approved April 10, 1901. 

OJinn 27fi ^^ ^^^ RELATIVE TO THE WATER SUPPLY OF THE TO\ATSr OF M^EST- 
"' FIELD. 

Be it enacted, etc. , as folloios : 
Certain pro- Section 1. The dcscription of takinof filed in the regis- 

CGOQincrs oi 

town of West- try of dccds for the county of Hampden by the water 
etc. *'°" ^^^ ' commissioners of the town of Westfield on the twenty- 



Acts, 1901. — Chap. 277. 199 

third day of March in the year nineteen hundred and 
one, and dated March sixtli, nineteen hundred and one, 
is hereby ratified and conlirnied and made as valid as if 
the same had been filed in accordance with the provi- 
sions of chapter three hundred and forty-two of the acts 
of the year eighteen hundred and ninety-five; and all 
the acts and proceedings of said water commissioners or 
of said town, its officers or agents, done or had in pursu- 
ance of said act, are hereby ratified, confirmed and made 
valid, and said description of taking shall be competent 
evidence in any proceeding had or now pending under 
the provisions of said act. 

Section 2. Whenever said town shall make any fur- Description of 
ther taking of any lands, rights of way, water, water ofYamK''etc'.'fto 
source, water right or easement, otherwise than by pur- Rerecorded, 
chase, under the provisions of said act, it shall file and 
cause to be recorded in said registry of deeds a descri])- 
tion, within the time and in the manner provided in said 
act. 

Sp:ction 3. Said town shall pay all damages to prop- Damages. 
erty hereafter sustained by any person or corporation by 
any additional taking of any lands, rights of way, water, 
water source, water rights or easements, other than by 
the taking described in said description of taking men- 
tioned in section one, or by any other thing hereafter 
done by the town under authority of the said act, pro- 
vided application for such damages is made within the 
time and in the manner provided in said act. 

Section 4. This act shall take effect upon its passage. 

Approved April 10, 1901. 



Chap.211 



amended. 



An Act to authorize the sale of real estate ky administra- 
tors AND executors FOR THE NON-PAYMENT OF TAXES. 

Be it enacted, etc., as foUoiijS : 

Section five of chapter four hundred and twenty-five i89i,425,§8, 
of the acts of the year eighteen hundred and ninety-one 
is hereby amended by adding at the end thereof the 
words : — Administrators or executors shall collect taxes 
due upon real estate subject to tax under the provisions 
hereof from the heirs or devisees entitled thereto, and if 
the heirs or devisees shall refuse or neglect to pay the 
amount of said tax, such administrators or executors may 
be authorized to sell said real estate according to the 



200 Acts, 1901. — Chaps. 278, 279. 

provisions of section eiglit of this act, — so as to read as 
itc.Tto'coi'tecr' follows : — Section 5. Any administrator, executor oi" 
cases *" *^^'^*''™ trustee having in charge or trust any property subject 
to said tax, shall deduct the tax therefrom, or shall col- 
lect the tax thereon from the legatee or person entitled 
to said property, and he shall not deliver any specific 
legacy or property subject to said tax to any person until 
he has collected the tax thereon. Administrators or ex- 
ecutors shall collect taxes due upon real estate subject to 
tax under the provisions hereof from the heirs or devisees 
entitled thereto, and if tlie heirs or devisees shall refuse 
or neglect to pay the amount of said tax, such adminis- 
trators or executors may be authorized to sell said real 
estate according to the provisions of section eight of this 
act. Approved April 10, 1901. 

ChaV-'^iTS -^^ -^CT TO AUTHORIZE THE TOWX OF ANDOVER TO MAKE AN ADDI- 

TIOXAL AVATER LOAN. 

Be it enacted, etc., as folloivs: 

Loan.^^'^ ^^ "^"'^ Section 1. The town of Andover, for the purposes 
mentioned in section five of chapter four hundred and 
thirty- nine of the acts of the year eighteen hundred and 
eighty-seven, may issue bonds, notes or scrip, to be de- 
nominated on the face thereof, Andover Water Loan, to 
an amount not exceeding forty thousand dollars in addi- 
tion to the amounts heretofore authorized by law to be 
issued by the town for the same purposes. Such bonds, 
notes or scrip shall be issued u])on the same terms and 
conditions and with the same powers as are provided in 
said act for the issue of the Andover water loan l^y said 
town. 

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

Ap)proved April 10, 1901. 



An Act relative to the water loan of the city of Glouces- 
ter. 

Be it enacted, etc., as follows: 
City of Giouces- Section 1. Tlic citv of Glouccster, for the purpose 

terA\ater . '' t •, . • -, 

Loan. of paying the cost or extending its water mams to and 

through those parts of Gloucester known as Annisquam, 
Bay View, Lanes ville and Bass Rocks, and such other 
parts of Gloucester as are not supplied with water, may 



Chc(2?.279 



Acts, 1901. — Chap. 280. 201 

issue from time to time, outside of its debt limit as estab- oio^u°egter 
lished by law, bonds, notes or scrip to an amount not water Loan, 
exceeding one hundred thousand dollars. Such bonds, 
notes or scrip shall bear on their face the words, City 
of Gloucester Water Loan, and shall be signed by the 
treasurer of the city and countersigned by the water 
commissioners, as provided in section six of chapter four 
hundred and hfty-one of the acts of the year eighteen 
hundred and ninety-five, entitled "An Act to supply 
the city of Gloucester with water ". Such bonds, notes 
or scrip shall be issued on the terms and conditions 
prescribed in, and shall be regarded as authorized by, 
said chapter four hundred and fifty-one. 

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

Aiyproved April 10, 1901. 

An Act to extent) the corporate powers of the i.ynn and /nr? ,.„ 9QA 

BOSTON RAIO50AD COMPANY. ^ 

Be it enacted, etc., as follows: 

Section 1. The Lynn and Boston Kailroad Company, May use certain 
upon obtaining the right so to do from the board of alder- ta°iuTng"its™over. 
men of a city or selectmen of a town, in the manner I'em'! ^c!** ^^^' 
provided for the grant of locations for extensions of its 
railway, may use for attaching and maintaining its over- 
head wire system in such city or town any poles, with 
the consent of the owners thereof, located in a street or 
highway of such city or town, and shall, subject to the 
terms of any agreement with the owner of the poles, 
have and enjoy the same rights and be su])ject to the 
same lial)ilities in relation to such poles as pertain to poles 
erected and maintained by said company for its own use 
as a part of its railway; and said company may from 
time to time grant rights to other persons and companies 
to attach to and maintain upon its poles any wires of 
such other persons and companies as are lawfully entitled 
to erect and maintain poles for their own purposes in 
the streets and highways of such city or town ; anfl all 
such persons and companies are hereby authorized to 
make agreements with said company for the use of their 
poles by said company, or of said company's poles by 
them; and any attachments to poles of other persons 
heretofore made hy said comjiany, and by such other 
persons to poles of said company with its consent, are, 



202 



Acts, 1901. — Ch.vp. 281. 



May manufact- 
ure, etc., 
electricity for 
certain pur- 
poses. 



Certain loca- 
tions and rights 
confirmed. 



subject to the terms of any agreements with the owners 
thereof, hereby ratified and confirmed. 

Section 2. Said company may, for all purposes neces- 
sary or incident to the construction, maintenance and 
operation of an electric street railway, generate, manu- 
facture, use and transmit electricity in any city or town 
wherein it is now or may hereafter be entitled to operate 
a street railway, and for that purpose may erect and 
maintain poles, trolley, feed and stay wires and other 
devices for conducting electricity in, over and under any 
streets, highways, bridges and town ways in any city or 
town wherein it has been or may be authorized by the 
board of aldermen or selectmen to operate its railway, 
and upon and over any private land with the consent of 
the owners thereof, and may sell to or purchase from 
any other street railway company incorporated under 
the laws of this Commonwealth, electricity for all the 
purposes aforesaid ; but said company shall not generate, 
manufacture, use, transmit, purchase or sell electricity 
for light, heat or power, except for street railway pur- 
poses. All locations and rights heretofore granted to 
said Lynn and Boston Eailroad Company, or to any cor- 
poration the franchise and property of which it may 
have acquired under authority of law, are hereby ratified 
and confirmed, and shall be deemed and taken to have 
duly been granted under authority of law. 

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

Approved April 11, 1901. 



Chap.lSl 



Assessment to 
be made upon 
corporations, 
etc., making 
deposits in 
trust with the 
treasurer and 
receiver gen- 
eral. 



An Act relative to the care of deposits made avith the 
treasurer and receiver general in trust. 

Be it enacted, etc., as follows: 

Section 1. The tax commissioner shall annually assess 
upon such corporations and organizations as are required 
by law to make deposits in trust with the treasurer and 
receiver general one twentieth of one per cent of their 
several average deposits for the year next preceding such 
assessment, and the assessment so made shall be collected 
in the same manner as the assessment for the expenses 
of the railroad commissioners. The average deposits of 
every such corporation or organization shall be certified 
by the treasurer and receiver general to the tax commis- 
sioner. 



Acts, 1901. — Chaps. 282, 283. 203 

Section 2. Chapter two hundred and thirty-three of ^^veai. 
the acts of the year eighteen hundred and ninety-one is 
hereby repealed. 

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

Approved April 11, 1901. 

An Act kelative to the commitment of avomen subject to (^Jjf.q^ 9QO 

DIPSOMANIA OR INEBRIETY. ^ "~ 

Be it enacted, etc., as folloics : 

Section 1. The proceeding's on the commitment of Proceedings on 

. J^ o . . . . commitment or 

women afflicted with or subiect to dipsomania or inebriety women subject 

, . , •/•..• 1 n 1 • 1 to dipBomaniu 

to any state hospital or institution shall be m accord- or inebriety. 

ance with the provisions of chapter three hundred and 

thirty-nine of the acts of the year eighteen hundred and 

eighty-live, of chapter four hundred and fourteen of the 

acts of the year eighteen hundred and eighty-nine, and 

of chapter two hundred and sixty-six of the acts of the 

year eighteen hundred and ninety-nine, and of all acts 

in amendment thereof and in addition thereto : j)^'ovided. Proviso. 

hoicever, that this act shall not be construed to authorize 

the commitment of women to the Massachusetts hospital 

for dipsomaniacs and inebriates. 

Section 2. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

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

Ajyjyroved April 11, 1901. 

An Act relatfv^e to the burial of indigent soldiers, sailors /nrr „,^ oqo 

AND MARINES, AND OTHERS. ^ * 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 1896,2:9, §i, 
seventy-nine of the acts of 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 eight- 
een hundred and ninety-seven, and by section one of 
chapter one hundred and two of the acts of the year 
nineteen hundred, is hereby further amended by striking- 
out the whole section and inserting in place thereof the 
following: — Section 1. It shall be the duty of the Bu^iaiof 
mayor of each city and of the selectmen of each town ^^^^H^ 
of the Commonwealth to designate some suitable person eoidiers, etc. 
or persons as a burial agent, who shall serve without 



204 



Acts, 1901. — Chap. 284. 



Burial of 
deceaeed 
indigent 
soldiers, etc. 



Proviso. 



compensation, 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 bodies 
of any honorably discharged soldiers, sailors or marines 
Avho served in the army or navy of the United States 
during the war of the rebellion, and of the wives and 
widows or dependent mothers of the same in case such 
soldiers, sailors or marines or such wives or widows or 
dependent mothers die without leaving sufficient means 
to defray funeral expenses: provided, hoivever, that no 
wife or widow of any soldier, sailor or marine above de- 
scribed shall be 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 knowledge of the burial agent applica- 
tion may be made to him within thirty days from the 
date of the death, and if upon investigation he shall find 
that the deceased Avas 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 eifect upon its passage. 

Approved April 11, 1901. 



Chap,284t 



County com- 
missionerB may 
erect a Ijuilding 
at Bedham for 
the reeistries 
of deeds and 
probate, etc. 



Plans to be 
approved, etc. 



An Act to provide for the construction at dedham of a 
ijuilding for the registries of deeds and of probate and 
for the probate court for the county of norfolk. 

Be it enacted, etc., as follows: 

Section 1. The county commissioners of the county 
of Norfolk are hereby authorized to erect at Dedham for 
the registries of deeds and probate, and for the probate 
court for said county, a suitable building on the site 
heretofore acquired by said commissioners under the 
authority of chapter one hundred and eighty-eight of 
the acts of the year eighteen hundred and ninety-nine. 
The expense incurred for constructing said building shall 
not exceed the sum of two hundred thousand dollars; 
and the commissioners shall not make any contract call- 
ing for the ex|3enditure of a greater sum. 

Section 2. Ko contract shall be made for the con- 
struction of said building until plans have been submitted 
by the county commissioners to a board consisting of the 



Acts, 1901. — Chap. 284. ' 205 

judge of probate, the register of probate, and the regis- 
ter of deeds, for the county of Norfolk, and have been 
approved by said board. Such approval shall not be 
given until the board is convinced that the cost of the 
building, ready for the use of said registries and court, 
and of the offices incident thereto, will not exceed the 
sum of two hundred thousand dollars. 

Section 3. After the plans have been so approved bounty com. 

.1 II missionerp to 

the county commissioners shall advertise for proposals adverti^^e for 
for doing the work and furnishing the materials required work^etc. °' 
by the plans. Such advertisements shall be published 
in at least two daily newspapers of general circulation 
in the city of Boston, for not less than tw^o weeks in 
succession prior to the time specified in the advertise- 
ments for opening the proposals; and the proposals shall 
not specify any particular person or persons of whom the 
contractor shall be required to purchase his materials. 
The contract shall be awarded to the person, firm or Awarding of 
corporation making the lowest bid within the limits ''°°""^'^*- 
prescribed by this act : provided^ that such bidder is. Proviso. 
in the opinion of the county commissioners, responsible ; 
but the contract shall not be so awarded until it is 
approved by the l)oard provided for in section two of 
this act. 

Section 4. The county commissioners shall have au- Bide may he 
thority to reject any and all bids, and in the event of ''^J^'^^^'^' ^'^''• 
their rejecting all bids they may, without again adver- 
tising, award the contract to such person or persons, and 
for such a contract price, within the sum of two hundred 
thousand dollars, as they shall deem most appropriate for 
the interests of the county; but such contract shall not 
be so awarded until it has been approved by the board 
provided for in section two of this act. 

Section 5. Every contract awarded under the provi- contracts to be 
sions of this act shall be deemed to have been made sub- tain condition'. 
ject to the following condition ; that the contractor shall 
not be entitled to receive any sum in addition to the sum 
named in the contract, for any additional work done or 
material furnished, or for any other matter or claim 
whatsoever, unless before the additional Avork or material 
shall be done or furnished, or matter or claim allowed, 
the board appointed by section two of this act shall 
a]i]^rove the same and the additional sum or sums to be 
paid therefor. 



206 Acts, 1901. — Chap. 285. 

SrJione^s'^may Section 6. In Order to meet the expense incurred 

credit'^f°c°ountv, ^^^der this act the county commissioners may borro^Y on 

etc. the credit of the county a sum not exceeding two liun- 

dred thousand dollars. This indebtedness shall be paid 

out of the amounts received for taxes, as follows : — 

Twenty thousand dollars on the first day of July in the 

year nineteen hundred and five, and a like sum on the 

first day of July of each succeeding year, until the whole 

indebtedness is paid. 

Jcclpfancror** Section 7. The receipt and acceptance by the county 

bids to be commissioners of bids for the complete construction of 

authority to J 

incur indebted- the Said buildiug witliiu the sum of two hundred thou- 
etc. ' sand dollars, such receipt and acceptance being evidenced 

by certificate to that effect signed by the meml:)ers of the 
board named in section two of this act, shall l)e a condi- 
tion precedent to the authority of the said commissioners 
to incur indebtedness under this act, except for procur- 
ing plans and specifications. 

Section 8. This act shall take effect upon its passage. 

Ajjproved April 11, 1901. 

Chnp.2iS5 Ax Act to exempt the town of Georgetown from maintaining 

A HIGH SCHOOL. 

Be it enacted, etc. , as follows : 

^xerap^tlTfrom Section 1. So loug as thcrc shall be provided in the 
maintaining a Perlcy Frcc School, maintained in the town of Georg-e- 

bigta school, "^ . . ~ 

etc. town, free high school instruction of the grade and quality 

prescribed by law for public high schools, and satisfac- 
tory to a majority of the school committee of said town, 
for all pupils living in the town who may wish to attend 
said school, the town shall be exempt from all provisions 
of law now or hereafter in force requiring it to maintain 
a high school, or, if it is not required by law to main- 
tain a high school, from all provisions of law now or 
hereafter in force requiring it to pay for the tuition or 
transportation of pupils living in said town and attend- 
ing a high school in another town or city. 

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

Approved April 11, 1901. 



Acts, 1901. — Chaps. 286, 287. 207 



An Act relative to examination of witnesses before the rtij^.j. 9Q« 

BOARD OF RAILROAD COMMISSIONERS. -^ * 

Be it enacted.! e^c. , as follows : 

Section twenty-five of chapter one hundred and twelve p. s. 112, §25, 
of the Public Statutes is hereby amended by striking out ^™''°^«^'*- 
after the word ''■commissioners", in the first line, the 
words "in all cases investigated by the board", and 
inserting in place thereof the words : — in all cases in- 
vestigated and inquiries made by the board, and in all 
proceedings before it, — and by inserting after the Avord 
' ' testimony ' ', in the third line, the words : — and any 
person who wilfully swears or affirms falsely in regard 
to any matter or thing respecting which such oath or 
affirmation is required by said board, shall be deemed 
guilty of perjury, — so as to read as follows: — Section Railroad com- 
25. Either of the said commissioners, in all cases in- "'mmonw™"^ 
vestigated and inquiries made by the board, and in all rsteroathl^et'c. 
proceedings before it, may summon witnesses in behalf 
of the Commonwealth, and may administer oaths and 
take testimony; and any person who wilfully swears or 
affirms falsely in regard to any matter or thing respect- 
ing which such oath or affirmation is required by said 
board, shall be deemed guilty of perjury. The fees of 
such witnesses for attendance and travel shall be the 
same as for witnesses before the superior court, and shall 
be paid from the treasury of the Commonwealth, and a 
certificate, of the board shall be filed with the auditor; 
and any justice of the superior court, either in term time 
or vacation, upon application of the board, may in his 
discretion compel the attendance of such witnesses and 
the giving of testimony before the board in the same 
manner and to the same extent as before said court. 

Approved Ajyril 11, 1901. 



An Act to authorize towns to appropriate money for memo- /^j cfon 

RIALS OF THOSE WHO SERVED IN THE SPANISH-AMERICAN WAR. ^ ' 

Be it enacted, etc., as folloios: 

Section 1. Any town may, at its annual meeting or Towns may 
at any meeting called for the purpose, by vote appro- nX7y fifr*' 
priate money for erecting headstones or other monuments "hoTe^who °^ 
at the graves of persons who served in the miUtary or served in the 

Aiucricau war. 



208 



Acts, 1901. — Chaps. 288, 289. 



naval service of the United States in the Spanish-Ameri- 
can war ; for erecting monuments in memory of soldiers 
or sailors who died in the service of the United States 
in that war ; and for keeping in repair or decorating the 
graves, monuments or other memorials of such soldiers 
or sailors. 

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

Approved April 11, 1901. 



C7lCll).2SS ^^^ -^CT KELATIVE TO THE COMPLETION OF SCHOOL BUILDINGS IN 

THE CITY OF BOSTON. 



City of Boston 
may issue bonds 
for completing 
school build- 
ings, etc. 



When to take 
effect. 



Be it enacted, etc., as follows: 

Section 1. The city treasurer of the city of Boston 
shall from time to time, on the request of the mayor, 
issue and sell ])onds of the city to an amount not exceed- 
ing three hundred thousand dollars, within the debt 
limit, and from the proceeds thereof shall pay the ex- 
penses incurred in completing and furnishing the school 
buildings now in process of construction, and pay for 
lands selected prior to the first day of March in the year 
nineteen hundred and one, by the school committee and 
the mayor, for school buildings and their yards. 

Section 2. This act shall take effect upon its accept- 
ance by the city council of the city of Boston by the 
affirmative vote of two thirds of all the members of each 
branch thereof, taken by yeas and nays. 

Approved April 16, 1901. 



Cho v. 2S^ An Act to extend the time within avhicii school committees 

ARE REQUIRED TO MAKE CERTAIN RETURNS TO THE STATE BOARD 
OF EDUCATION. 



1898, 496, § 16, 
amended. 



Census of 
children to be 
taken annually. 



Be it enacted, etc. , as follows : 

Section sixteen of chapter four hundred and ninety- 
six of the acts of the year eighteen hundred and ninety- 
eight is hereby amended by striking out the word ' ' first ' ', 
in the ninth line, and inserting in place thereof the word : 

— fifteenth, — and by striking out the Avord "October ", 
in the tenth line, and inserting in place thereof the word : 

— November, — so as to read as follows: — Section 16. 
The school committees of all towns and cities shall annu- 
ally ascertain and record the names, ages and such other 
information as may be designated by the state board of 
education, of all persons between five and fifteen years 



Acts, 1901. — Chap. 290. 209 

of age, and of all minors over fonrteen years of age who 
cannot read at sight and write legibly simple sentences 
in the English language, residing in their respective 
towns and cities on the first day of September, and such 
record shall be completed on or before the fifteenth day 
of November. The first census under the provisions of 
this section shall be taken in the year eighteen hundred 
and ninety-nine. Whoever has under his control a minor penalty for 
over five years of age and withholds information in his Mo^m^lon, 
possession sought by a school committee or its agents ^**'- 
relating to the items required to be ascertained by this 
section, or falsifies in regard to the same, shall forfeit 
and pay a fine of not more than fifty dollars. 

Approved April 16, 1901. 



Cliap.2'd0 



An Act kelative to certain keturns made to the commis- 
sioners ON INLAND fisheries AND GAME. 

Be it enacted, etc., as follows: 

Section 1. The owner or owners of every pound net, owners of nets, 

j> 1 1 • •! • p Bellies, etc.. 

weir, tyke net or other similar contrivance, or of any used for fishing 
fishing pier, seine, drag or gill net, lobster pot or trap FeporTMnuaiiy 
used in any of the waters of this state for fishing pur- !,?on°e?s°on 
poses, shall make written report under oath to the com- aud°glme'!'"^^^^ 
missioners on inland fisheries and game, on or before the 
twentieth day of October in each year, specifying the 
number of pounds and the value of each kind of edible 
fish caught by his or their respective pound nets, weirs, 
fyke nets or other similar contrivances, piers, seines, drag 
or gill nets, and the number and the value of lobsters 
taken by him or them in pots or traps during the year 
next preceding the date of said report, also the number 
and value of the devices used in such catching or taking, 
and the number of persons employed therein. 

Section 2. It shall be the duty of the commissioners commifpioners 
on inland fisheries and game, upon application to them, f"rro"for ^^"^^ 
to furnish each owner or proprietor of any pound net, ^^p°^^^- 
weir, fyke net or similar contrivance, pier, seine, drag 
or gill net, lobster pot or trap, on or ])efore the fifteenth 
day of March in each year, Avith suital^le l)lank forms for 
the reports required by the preceding section, so arranged 
that each month's cak"h may be separately recorded 
thereon; and in filling out such rojiorts such owners and 
proprietors shall give the result of each month's fishing, 



num. 



210 Acts, 1901. — Chaps. 291, 292. 

so far as may be practicable; and it shall be the duty 
of such owners and proprietors to apply to the com- 
missioners on inland fisheries and game for such blank 
forms. 

Repeal. Seotion 3. Sections seventy-three, seventy-four and 

seventy-five of chapter ninety-one of the Public Statutes 
are hereby repealed. 

Penalty. Section 4. Whoever knowingly and wilfully violates 

any provision of this act shall be punished by a fine of 
not less than ten and not more than one hundred dollars. 

Ajjproved April 16, 1901. 

OhaD.291i -^^ ^^"^ "^^ PROVIDE FOR THE SUPERVISION OF THE MASSACHUSETTS 
STATE SANATORIUM BY THE STATE BOARD OF CHARITY. 

Be it enacted, etc., as follows : 
Supervision of Section 1. The State board of charity shall have gen- 
state sanato- eral supervision of the Massachusetts state sanatorium, 
and may, when so directed by the governor, assume and 
exercise the powers of the board of trustees of the said 
sanatorium, in any matter relating to the management 
thereof. 

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

Approved April 16, 1901. 



CJlClV.292 ^^ -^^^ '^^ AUTHORIZE THE CITY OF EVERETT TO INCUR INDEBTED- 
NESS FOR SURFACE DRAINAGE PURPOSES. 

Be it enacted, etc., as follows : 

^lllnl^ehoan^ Section 1. The city of Everett, for the purpose of 
constructing a system of surface drainage, and of the 
disposal of surface water within the city, and for the 
purpose of acquiring lands necessary therefor, may incur 
indebtedness beyond the limit fixed by law to an amount 
not exceeding one hundred thousand dollars, and may 
issue its bonds, notes or scrip for the same. Such bonds, 
notes or scrip shall be payable within such period, not 
exceeding thirty years from the dates thereof, as the city 
council of the city shall determine, and they may be 
issued in instahnents. They shall be denominated on 
the face thereof, Everett Surface Drainage Loan, and 
shall be signed by the mayor and treasurer of the city. 

p. 9 29, etc., to Except as herein otherwise provided the provisions of 
chapter twenty-nine of the Pubhc Statutes and of all 
acts in amendment thereof and in addition thereto shall, 



Acts, 1901. — Chaps. 293, 294. 211 

so far as they may be applicable, apply to the indebted- 
ness hereby authorized and to the securities issued there- 
for. 

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

AjJjiroved April 16, 1901. 



Chap.im 



An Act relative to the websteu and Dudley street railway 

COMPANY. 

Be it enacted,, etc, as folloios: 

Section 1. The Webster and Dudley Street Kailway TheAVebster 
Company is hereby authorized to lease, and to operate s?re^"Rariuay 
by electricity, the whole or any part of such railways as ^ay Ke and 

operate certai 
railways, etc. 



its railway shall intersect or connect with, and any com- operate certain 
pany owning such a railway is authorized to lease the 
whole or any part of it to the Webster and Dudley Street 
Kailway Company. The Webster and Dudley Street 
Railway Company is also authorized to lease its property 
and franchises to any company owning or operating a 
railway which intersects or connects with a railway 
operated by it. 

Section 2. No lease made under the authority of this Terms of lease 
act shall be valid or binding until the terms thereof have i°y boa^doT"' 
been agreed to by a majority of the directors of each of mis8?onerB!"ctc. 
the companies which are parties tliereto, and by a ma- 
jority in interest of their respective stockholders, at meet- 
ings duly called for the purpose, nor until the terms of 
such lease shall have been approved by the board of rail- 
road commissioners as being consistent with the public 
interest. 

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

Approved _ April 16, 1901. 

An Act relative to the sale or abandonment of lands by j^j OQJ. 
cities and towns. ^ * 

Be it enacted, etc., as folloios: 

Section 1. Whenever the board or other authority cities and 
of a city or town having charge of any land or easement o^lbai^on*^^^ 
or right taken for such city or town, otherwise than by certain lands, 
purchase, shall notify the city council of the city or the 
selectmen of the town that in their opinion such land, 
easement or right, or part thereof, is no longer required 
for public purposes, and said city council shall tliereafter 
by vote of two thirds of all the members of each branch 
thereof, or of the single branch thereof when it consists 



212 Acts, 1901. — Chaps. 295, 296. 

of one branch, or the inhabitants of the town shall there- 
after by vote of two thirds of the said inhabitants present 
and voting at any town meeting called for the purpose, 
authorize the conveyance of such land or of part thereof, 
or the abandonment of such easement or right or of part 
thereof, specifying the minimum sum to be paid for such 
conveyance or abandonment, the mayor of the city or 
the selectmen of the town may, for such sum or a larger 
sum, and upon such other terms as the mayor or select- 
men shall deem proper, by deed convey the said land, or 
part thereof, or declare the said easement or right, or 
part thereof, to be abandoned ; and any such declaration 
recorded in the registry of deeds for the county and dis- 
trict in which the land is situated shall extinguish the 
right or easement. 

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

Approved April 16, 1901. 

Chan 295 ^^ ^*^^ ^^^ provide CLEUICAL assistance for the clerk or THE 
CENTRAL DISTRICT COURT OF NORTHERN ESSEX. 

Be it enacted, etc., as follows : 
Clerical Section 1. The clcrk of the central district court of 

assistance. 

northern Essex shall be allowed for clerical assistance, 
upon his certificate stating the time occupied and the 
name of the person or persons by whom the work was 
performed, provided the justice of the said court shall 
certify that the work was necessary and was actually 
performed, such sums, not exceeding four hundred dollars 
in any one year, as the county commissioners for the 
county of Essex may approve. Said sums shall be paid 
monthly from the treasury of the county to the person 
or persons employed. 

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

Approved April 16, 1901. 

Oh an 2Qfi ^^ ^^^ ^^ AUTHORIZE INSURANCE COMPANIES TO INSURE AGAINST 
"' LOSS ARISING FROM ACCIDENTS TO MACHINERY AND FROM SIMILAR 

CAUSES. 

Be it enacted, etc., as follows: 

1894, 522, § 23, Section 1. Scctiou twenty-ninc of chapter five hun- 
dred and twenty-two of the acts of the year eighteen 
hundred and ninety-four, as amended by section one of 
chapter four hundred and seventy-four of the acts of the 



Acts, 1901. — Chap. 296. 213 

year eighteen hundred and ninety-five, by section one of 
chapter four hundred and forty-seven of the acts of the 
year eighteen liundred and ninety-six, and by section 
one of cliapter ninety-two of the acts of the year nineteen 
hundred, is liereby further amended by adding at the 
end of said section the words: — Eleventh, To insure To insure 
against loss or damage arising from the prevention or damage arising 
suspension of the use and occupation of any building, oV'u^i'onruUd" 
plant or manufacturing estabhshment, or any part thereof, '"gs.^tc. 
due to or caused by the breakage of or accident to engines, 
boilers, motors, machinery, or by any cause, except tire, 
not brought about by the act or will of the owners, occu- 
pants or users thereof. 

Skction 2. Section thirty-one of said chapter five 1894,522, §31, 
hundred and twenty-two, as amended by section two of 
chapter four hundred and seventy-four of the acts of 
the year eighteen hundred and ninety-five, by section 
two of chapter four hundred and forty-seven of the acts 
of the year eighteen hundred and ninety-six, and by sec- 
tion two of chapter ninety-two of the acts of the year 
nineteen hundred, is hereby further amended by striking 
out the words "or tenth", in the twelfth line, and in- 
serting in place thereof the words : — tenth or eleventh, 
— so as to read as follows: — Section 31. No corpora- to transact 
tion so formed shall transact any other business than that °pl^ified lu" 
specified in its charter and articles of association. Com- charter, 
panies to insure plate glass may organize with a capital of 
not less than one hundred thousand dollars. Companies Minimnm cap- 
so formed insuring marine or inland risks upon the stock companies!' 
plan shall have a capital of not less than three hundred 
thousand dollars. Companies so formed for the trans- 
action of fire insurance on the stock plan, of fidelity in- 
surance, of accident insurance, of steam boiler insurance, 
or for the transaction of the business authorized under 
the seventh, eighth, ninth, tenth or eleventh paragraph 
of section twenty- nine of this act shall have a capital of 
not less than two hundred thousand dollars. Companies 
may be so formed to insure mechanics' tools and appa- 
ratus 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 certain mutual 
employers' liability insurance may continue such business coJuFuurbuTi*/ 



214 



Acts, 1901. — Chap. 297. 



nesB of em- 
ployers' liabil- 
ity insurauce, 
etc. 



Repeal. 



under the fifth paragraph of section twenty-nine of this 
act, and such companies sliall be subject to the laws, so 
far as apphcable, in relation to mutual fire insurance 
companies. 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 else- 
where shall be counted as of the surplus funds of the 
company. 

Section 3. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Aj^proved April 16, 1001. 



Chcty).2iQ7 -^^ -^^"^ RELATIVE TO THE TAX ON COLLATERAL LEGACIES AND 

SUCCESSIONS. 



1891, 425, § 1, 
amended. 



Tax imposed 
on collateral 
legacies and 
Buccessions. 



Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 
twenty-five of the acts of the year eighteen hundred and 
ninety-one is hereby amended by striking out in lines 
twenty-one to twenty-four, both inclusive, the words 
'■''l^rovided, however., that no estate shall be subject to 
the provisions of this act unless the value of the same, 
after the payment of all debts, shall exceed the sum of 
ten thousand dollars", so as to read as follows: — Sec- 
tion 1. All property within the jurisdiction of the Com- 
monwealth, and any interest therein, whether belonging 
to inhabitants of the Commonwealth or not, and whether 
tangible or intangible, which shall pass by will or by 
the laws of the CommouAvealth regulating intestate suc- 
cession, or by deed, grant, sale or gift, made or intended 
to take effect in possession or enjoyment after the death 
of the grantor, to any person in trust or otherwise, other 
than to or for the use of the father, mother, husband, 
wife, hneal descendant, brother, sister, adopted child, 
the lineal descendant of any adopted child, the wife or 
widow of a son, or the husband of a daughter of a dece- 
dent, or to or for charitable, educational or religious 
societies or institutions, the property of which is exempt 
by law from taxation, shall be subject to a tax of five 
per centum of its value, for the use of the Common- 



Acts, 1901. — Chaps. 298, 299, 300. 215 

wealth; and all administrators, executors and trustees, 
and any such grantee, under a conveyance made during 
the grantor's life, shall be liable for all such taxes, with 
lawful interest as hereinafter provided, until the same 
have been paid as hereinafter directed. 

Section 2. This act shall take effect upon its passage, xottoappiyto 
but shall not be construed to apply to the estate of any ^«J^^'" ^''''''e^, 
person who died before the passage hereof. 

Approved April 16, 1001. 



An Act to i'uovide for the protection of stone walls and /nrz „ 9Qft 

FENCES. ^ 

Be it enacted, etc., asfolloios: 

Whoever wilfully and without right pulls down or Penalty for 

,• i!j 11 _p ii 1 removing with- 

removes any portion or a stone wall or fence erected and out right stou« 
maintained for enclosing lands shall be punished by a ^'*"''>®*'=- 
fine not exceeding ten dollars. 

Approved April 16, 1901. 

An Act to provide compensation for the managers of the fij ^..-^ ono 

NORFOLK, BRISTOL AND PLYMOUTH UNION TRUANT SCHOOL. ^ * 

Be it enacted, etc., as follows : 

After the first day of January in the year nineteen Manngeriof 
hundred and one the chairmen of the respective boards BHeu)Und" 
of .county commissioners of the counties of Norfolk, fr'^a™t8ch"o'i'°° 
Bristol and Plymouth, having the management of the compensation. 
Norfolk, Bristol and Plymouth union truant school, shall 
receive annually the sum of one hundred dollars each, 
such sums to be paid from the treasuries of the said 
counties, respectively. Approved April 23, 1901. 

An Act to authorize the town of Winchester to take land ^-, Qnn 

FOR THE PURPOSE OF PROTECTING ITS WATER SUPPLY. 1 ' 

Be it enacted, etc., as follows : 

Section 1. The town of Winchester may take by pur- Town of 
chase or otherwise any lands, rights of way and easements may^tare n^ces- 
necessary for diverting the water which now drains and sary lauds, etc. 
flows, or which might hereafter drain and flow, over and 
through Dike's meadow, so-called, into the north reser- 
voir, a part of the water system of said town. 

Section 2. The town shall, within sixty days after Description of 
the taking of any lands, rights of way or easements as recorded!'' *° ^* 



Damages. 



21G Acts, 1901. — Chaps. 301, 302. 

aforesaid, otherwise than by purchase, file and cause to 
be recorded in the registry of deeds for the county and 
district in whicli the same are situated, a description 
thereof sufficiently accurate for identification, with a 
statement of the purposes for which the same were taken, 
signed by the water commissioners of the town. 

Section 3. The town shall pay all damages to prop- 
erty sustained by any person or corporation by the taking 
of any land, right of way or easement, under authority 
of this act. Any person or corporation entitled to such 
damages, who fails to agree with the town as to their 
amount, may have the damages assessed and determined 
in the manner provided by law in the case of land taken 
for highways, by making application at any time within 
one year from the filing of the description of the land, 
rights or easements taken, as provided in section two of 
this act. 

Section 4, This act shall take effect upon its passage. 

Aj)proved April 23, 1901. 

C7ift/>.301 An Act to ArTHOuizK the Arlington baptist society to hold 

PKOPERTV TO THE AMOUNT OK TWO HUNDRKl) THOUSAND l>OL- 
LARS. 

Be it enacted, etc., asfolloios: 

^'ts^rJty^m'ly Section 1. Thc socicty which was incorporated by 
toL'^certaln'^'^ chapter one hundred and five of the acts of the year 
amount. eighteen hundred and sixteen as the West Cambridge 

Baptist Society, and which is now the Arhngton Baptist 
Society, its name having been changed in accordance 
Avith the provisions of chapter two hundred and twenty- 
one of the acts of the year eighteen hundred and sixty- 
seven, may hold property to the amount of two hundred 
thousand dollars. 

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

Ap^yroved Ajtril 23, 1901. 

Chcip.SO^i -^^ -^CT RELATIVE TO CLERICAL ASSISTANCE FOR THE REGISTER OF 
PROBATE AND INSOLVENCY FOR THE COUNTY OF NORFOLK. 

Be it enacted, etc. , as follows : 

altiluLe Section 1. The register of probate and insolvency 

for the county of Norfolk shall be alloAved, in addition 
to the amount now allowed by law, a sum not exceeding 



Acts, 1901. — Chap. 303. 217 

six hundred dollars per annum, for clerical assistance 
actually performed, to be paid from the treasury of the 
Commonwealth upon the certificate of the judge of pro- 
bate and insolvency for said county. 

Section 2. This act shall take effect on the thirty- to take effect 
first day of March in the year nineteen hundred and one. '"^'' ' ' 

Approved April 23, 1001. 



An Act relative to the ExrENDiTUuES ov cektain state in- 
stitutions 



Be it enacted, etc. , as follows : 

Section 1. An annual appropriation shall be made Appropriations 
for the support of each of the state insane hospitals and certai'usrate"^ 
insane asylums, the Massachusetts hospital for dipso- i"'*'''*"*!^"*- 
maniacs and inebriates, the Massachusetts hospital for 
epileptics, the Massachusetts state sanatorium, and the 
Massachusetts School for the Feeble-minded; and the 
amount of the appropriation shall be determined by 
estimating, at the rate of board fixed by law, the cost 
of the average daily number of state patients for the 
year next preceding, increased by a number equal to 
the average annual increase in the number of such pa- 
tients for the five years next preceding, in each of said 
institutions; and a statement showing said average num- 
ber and said annual increase in number shall be sub- 
mitted to the auditor by the trustees of each of said 
institutions on or before the fifteenth day of December 
in each year. The salaries and wages of all officers and Payment of 
employees and all bills for supplies and other exjjenses etc^ '"'' '^"*^^^' 
of said institutions shall be paid from the treasury of 
the Commonwealth, upon detailed schedules sworn to by 
the superintendent and approved by the trustees. Full 
copies of the pay rolls and bills shall be kept at each 
institution, but the originals shall be deposited with the 
auditor as vouchers. 

Section 2. All moneys received from cities and towns Receipts to be 
or from individuals for the support of inmates in said ^'^\ 
hospitals, asylums or other institutions, and moneys re- 
ceived for articles sold therein, shall be paid into the 
treasury of the Commonwealth as often as once in each 
month; and so much of said receipts as may be needed 
to pay the expenses of said institutions is hereby appro- 
priated for that purpose, and any excess of receipts 



into treas- 
etc. 



218 



Acts, 1901. — Chap. 301. 



Advances of 
money may be 
made to dis- 
bursing oflicer, 
etc. 



Certain powers 
of trustees not 
affected. 



To take effect 
January 1, 1902, 



above expenditures remaining in the treasury of the 
Commonwealth may be used for tlie expenses of the 
succeeding year : provided, that payments of said ex- 
penses shall be allowed by the auditor only upon sched- 
ules duly certified and approved, as required by section 
one hereof, and that the receipts from any one of said 
institutions shall be applied to paying the bills at that 
institution only. 

Section 3. There may be advanced to the treasurer 
or disbursing officer of any one of said institutions, under 
the provisions of chapter one hundred and seventy-nine 
of the acts of the year eighteen hundred and eighty-four, 
and of acts in amendment thereof and in addition thereto, 
a sum not exceeding two thousand dollars for an institu- 
tion having five hundred or less inmates, and a sum not 
exceeding five thousand dollars for an institution having 
more than five hundred inmates. 

Section 4. Nothing in this act shall be construed to 
affect the powers of the trustees of said institutions under 
the provisions of section five of chapter eighty-seven of 
the Public Statutes and chapter one hundred and fifty 
of the acts of the year eighteen hundred and fifty, and 
acts in amendment thereof, nor their right to regulate 
or control the expenditure of any funds held by them 
under the provisions of said acts. 

Section 5. This act shall take effect on the first day 
of January in the year nineteen hundred and two. 

Approved April 23, 1901. 



ChClD'O04: ^ ^^"^ '^'^ AUTHORIZE THE TOWN OF GARDNER TO INCUR INDEBTED- 
NESS BEYOND THE LIMIT FIXED BY LAW, FOR SEWERAGE PURPOSES. 

Be it enacted, etc., as follows: 

Sewer Bcrip of Section 1. The towu of Gardner, for the purposes 
Gardner, Act of mentioned in chapter sixty-four of the acts of the year 
1890, etc. eighteen hundred and ninety, as amended by chapter 

two hundred and twelve of the acts of the year nineteen 
hundred, may incur indebtedness from time to time to 
an amount not exceeding one hundred thousand dollars 
in addition to the amount already authorized to be in- 
curred by it under the general law ; and may from time 
to time issue notes, bonds or scrip therefor ; and the debt 
and loan authorized by this act, and the notes, bonds or 
scrip issued therefor, shall not be reckoned in determin- 



Acts, 1901. — Chap. 305. 219 

ing the limit of indebtedness of the town under the pro- 
visions of chapter twenty-nine of the Public Statutes 
and acts in amendment thereof or in addition thereto. 
Such notes, bonds or scrip shall be denominated on the 
face thereof, Sewer Scrip of the Town of Gardner, Act 
of 1890, issued under authority of the Act of 1901. 
They shall be payable within such periods, not exceed- 
ing thirty years from the dates of issue, and shall bear 
interest at such rate, not exceeding four per cent per 
annum, as the town may from time to time determine. 

Section 2. Said town instead of establishing a sink- ^3Tay'.''^"' 
ing fund may at the time of authorizing said loan or any mentsouioan, 
part thereof provide by a majority vote for the payment 
thereof in annual payments of such amounts as will ex- 
tinguish the same within the time prescribed in this act ; 
and when such provision has been made the amount 
required thereby shall without further vote be assessed 
by the assessors of the town in each year thereafter until 
the debt incurred by the town shall be extinguished, in 
the same manner as other taxes are assessed under the 
provisions of section thirty-four of chapter eleven of 
the Public Statutes. Except as herein otherwise pro- p. s. 29, etc., 
vided the provisions of chapter twenty-nine of the- Public ^^'^I'^^'y- 
Statutes and acts in amendment thereof and in addition 
thereto shall apply to the indebtedness hereby author- 
ized and to the securities issued therefor. 

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

J2)proved April 23, 1901. 

An Act to extend the corporate powers of the citizens' (^7fr,ij 305 

ELECTRIC STREET RAILWAY COMPANY. ^ 

Be it enacted, etc., as follows : 

Section 1. The Citizens' Electric Street Railway The citizens- 
Company, upon obtaining the right so to do from the RaliJay com. 
board of aldermen of a city or selectmen of a town, certai™'7oier 
in the manner provided for the grant of locations for us'^overheid'"^ 
extensions of its railway, may use for attaching and wire system, 
maintaining its overhead wire system in such city or 
town any poles, with the assent of the owners thereof, 
located in a street or highway of such city or town, and 
shall, subject to the terms of any agreement with the 
owner of the poles, have and enjoy the same rights and 
be subject to the same liabilities in relation to such poles 



220 



Acts, 1901. — Chap. 305. 



May manufact- 
ure, etc., elec- 
tricity for cer- 
tain purposes, 
etc. 



Certain loca- 
tions and rights 
confirmed, etc. 



as pertain to poles erected and maintained by said com- 
pany for its own use as a part of its railway ; and said 
company may from time to time grant rights to other 
persons and companies to attach to and maintain upon 
its poles any wires of such other persons and companies 
as Jire lawfully entitled to erect and maintain poles for 
their own purposes in the streets and highways of such 
city or town; and all such persons and companies are 
hereby authorized to make agreements with said com- 
pany for the use of their poles by said company or of 
said company's poles by them ; and any attachments to 
poles of other persons heretofore made by said company, 
and by other persons to poles of said company with its 
consent, are, subject to the terms of any agreements 
Avith the owners thereof, hereby ratified and confirmed. 

Section 2. Said company may, for all purposes neces- 
sary or incident to the construction, maintenance and 
operation of an electric street railway, generate, manu- 
facture, use and transmit electricity in any city or town 
wherein it is now or may hereafter be entitled to operate 
a street railway, and for that purpose may erect and 
maintain poles, trolley, feed and stay wires and other 
devices for conducting electricity in, over and under any 
streets, highways, bridges and town ways in any city 
or town wherein it has been or may be authorized by 
the board of aldermen or selectmen to operate its rail- 
way, and upon and over any private land with the con- 
sent of the owners thereof, and may sell to or purchase 
from any other street railway company incorporated 
under the laws of this Commonwealth, electricity for 
all the purposes aforesaid; but said company shall not 
generate, manufacture, use, transmit, purchase or sell 
electricity for light, heat or power, except for street 
railway purposes. All locations and rights heretofore 
granted to said Citizens' Electric Street Kailway Com- 
pany, or to any corporation the franchise and property 
of which it may have acquired under authority of law, 
are hereby ratified and confirmed, and shall be deemed 
and taken to have been duly granted under authority of 
law. 

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

Approved April 23, 1901. 



Acts, 1901. — Chaps. 306, 307. 221 



An Act to incorporate the hlackstone savings bank. Chan.^06 
Be it enacted, etc., as folloios : 

Section 1. George A, Chipman, Charles L. Dean, Biackstone 
Charles H. Bond, Thos. J. Olys, Peter Graffam, John in^corporated. 
O'Hare, Edward A. CarHsle, Henry N. Clark, Henry H. 
Savage, Simon Yorenberg, John E. Welch and Charles 
H. Snow, their associates and successors, are hereby 
made a corporation by the name of the Blackstone Sav- 
ings Bank, Avith authority to establish and maintain a 
savings bank in that part of the city of Boston known 
as the North end, said bank to be located as far north 
as Portland street; 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 savings banks and institutions for savings. 

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

Approved April 23, 1901. 



ND AMHERST STREET nUf... •iQT' 
iRRIER OF BAGGAGE, ^ ' 



An Act to authorize the Northampton and amherst street 

RAILWAY company TO ACT AS A COMMON CAl 
MERCHANDISE AND THE UNITED STATES MAIL. 

Be it enacted, etc., as folloios : 

Section 1. The Northampton and Amherst Street ^",^'^,';^,^^ ** 

ier of 
cIiaudlBc, 



Railway Company is hereby authorized to act as a com- canierof 



mon carrier of baggage and small parcels of merchandise, etc. 
and may also carry the United States mail and fuel and 
supplies for its own use : jjrovided, however, that said p^o^' 
company shall not so act in any city or town until au- 
thorized so to do by the board of aldermen of the city 
or by the selectmen of the town ; and 2^rovided, 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 l)y 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 Ap)ril 23, 1001. 



222 Acts, 1901. — Chaps. 308, 309. 



ChClV.SOS ■^'^ ^^'^ RELATIVE TO THE COMPENSATION OF THE BOARD OF OVER- 
SEERS OF THE POOR FOR THE CITY OF PITTSFIELD. 

Be it enacted, etc., as folloios: 

amended ^^^' Section 1. Section twentj-four of chapter three hun- 
dred and two of the acts of the year eighteen hundred 
and ninety-five is hereby amended by striking out in the 
fifteenth and sixteenth lines, the words " the members of 
the board shall serve without compensation ", and insert- 
ing in place thereof the words : — the compensation of 
the board shall be fixed by the city council, — so as to 
overeeersofthe read as f ollows : — Section 24. The city council shall 
termg, etc. ' by coucurreut ballot elect three persons, legal voters of 
said city, to constitute a board of overseers of the poor 
in said city, one person to be chosen by ballot in the 
month of January in each year and to serve for the term 
of three years from the first Monday of February then 
next ensuing and until his successor is chosen and quali- 
fied. The present members of said board shall, unless 
sooner removed, continue to hold office for the terms for 

Organization, wWch they wcrc severally chosen. Said board of over- 
superintendent, , ^ , 11 1 1 1 • p 1 • 
etc. seers shall organize annually by the choice or a chairman, 

and they may annually elect, but not from their own 
number, a superintendent, who shall serve as clerk of the 
Compensation, jjoard aud who may be removed by the board ; the com- 
pensation of the superintendent shall be fixed by concur- 
rent vote of the city council; the compensation of the 
board shall be fixed by the city council. 

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

Approved April 23, 1901. 

ChaV.SO^ -^^ -^CT TO AUTHORIZE THE HAVERHILL AND AMESBURY STREET 
RAILWAY COMPANT TO ACT AS A COMMON CARRIER OF CERTAIN 
MERCHANDISE IN THE CITY OF NEWBURYPORT AND TOWN OF 
SALISBURY. 

Be it enacted, etc. , as folloios : 

^mmSnTarrier SectionI. The Ha verhlll and Amesbury Street Rail- 
of baggage, etc. ^yay Compauy is hereby authorized to act as a common 
carrier of coal, market produce, provisions, ice, baggage 
and building materials, over its tracks in the city of New- 
Provieo, buryport and in the town of Salisbury : provided, hoir- 

ever, that said company shall not so act until authorized 
so to do by the board of aldermen of said city and by 



Acts, 1901. — Chaps. 310, 311. 223 

the selectmen of said town; ^ndi provided, further, that P''°^'*°- 
said company shall be subject to such ordinances or by- 
laws as may from time to time be made by said 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 April 23, 1901. 



ChapMO 



An Act to authorize the towns of amherst and pelham to 
unite in employing a superintendent of schools. 

Be it enacted, etc. , as follotvs : 

Section 1. The school committees of the towns of Towi.sof 

., . , ., Amherst and 

Amherst and relham, notwithstanding that said towns reiham may 
do not contain twenty-five schools, are hereby author- hrgalupw-ui-^ 
ized to effect a union of said towns under the provisions echooiB."^ 
of sections six and seven of chapter four hundred and 
sixty-six of the acts of the year eighteen hundred and 
ninety-eight for the purpose of the employment of a 
superintendent of schools. 

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

A]}proved April 23, 1901. 

An Act to authorize the town of Norwood to construct a /^7wy.> Q11 

SYSTEM of sewerage. ^ 

Be it enacted^ etc., as follows: 

Section 1. The town of Norwood is hereby author- TownofNor. 
ized, through a board of commissioners elected as herein- i^ruct^e^LT' 
after provided, to construct, maintain and operate drains erage%tf.*'^'' ' 
and sewers for a part or for the whole of its territory, 
with such connections and other works as may be re- 
quired for a system of sewage disposal ; and said board, 
for the purpose of providing better surface or other drain- 
age, guarding against ])ollution of waters, and otherwise 
protecting the public health, may construct and main- 
tain such main drains as it deems expedient ; and may 
Avithin 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 construct and maintain sub-drains, and, 
with the approval of the state board of health, discharge 
the water into any brook, stream or water course Avitliin 
said town. 



224 



Acts, 1901. — Chap. 311. 



Sewer commis- 
sioners, elec- 
tion, terms, etc. 



Vacancy. 



May take lands, 
water rights, 
etc. 



Proviso. 



Description of 
lands, etc., to 
be recorded. 



Damages. 



Section 2. Said board shall consist of three commis- 
sioners, to be called sewer commissioners of the town of 
Norwood, 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 
office 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 spe- 
cial meeting at which he is elected, and until his suc- 
cessor 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 occurs in the board 
the town may at a meeting called for the purpose elect 
a person duly qualified to fill the vacancy. 

Section 3. Said board of commissioners, actins: 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 and sewers under or over any water course, l)ridge, 
railroad 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 laying such main drains and sewers, and of maintain- 
ing and repairing the same, and may do any other thing 
necessary or proper for the purposes of this act : pro- 
vided, however, that they shall not take in fee any land 
of a railroad corporation, and that they shall not enter 
upon or construct any drains or sewers within the loca- 
tion of any railroad corporation, except at such time and 
in such manner as they may agree upon with such corpo- 
ration, 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 
fee, water rights, rights of way or easements, otherwise 
than by purchase or agreement, shall cause to be recorded 
in the registry of deeds for the county of Norfolk a state- 
ment signed by a majority of the board, containing a 
description thereof as certain as is required in a convey- 
ance of land, and specifying that the same are taken 
under the authority of this act ; and upon such recording 
the title in the lands, water rights, rights of way or ease- 



Acts, 1901. — Chap. 311. 225 

merits described in such statement shall vest in the town DamageB, 
of Norwood, which shall pay all damages therefor and all 
other damages sustained 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 upon the damages sustained by such person 
or corporation ; and if the damages are not agreed ujwn 
a jury in the superior court for said county may be bad 
to determine the same, upon petition of either party, in 
the manner provided by law for determining 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 peti- 
tion shall he 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 
ment of damages or for a jury said town may at any gum a'^sXm-^^'^ 
time file in the office of the clerk of the court an offer in ''g^s, etc. 
writing to pay the petitioner a sum therein specified as 
damages ; and if the said petitioner does not accept the 
same within thirty days after notice of such offer, and 
does not finally recover a sum greater than that offered, 
not including interest from the date of the offer on the 
sum so recovered, the town shall recover costs from the 
date of said notice; and the petitioner shall be entitled 
to costs only to said date. 

Section 6. The town of Norwood shall Ijy vote deter- Apportionment 
mine what proportion of the cost of said system or sys- "^ ''°**" 
tems of sewerage and sewage disposal said town shall 
pay : provided, that it shall not pay less than one third Proviso. 
nor more than one half of the whole cost. The remain- 
ing cost of said systems shall be borne by the owners of 
estates situated within the territory embraced by them 
and l^enefited thereby, but no estate shall be deemed to 
be benefited until a sewer is constructed into which it can 
be drained. The owners of such estates shall be assessed 
by said commissioners their proportional ]iarts respec- 
tively of such portion of the total cost of said systems 
as is not borne by 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 



226 



Acts, 1901. — Chap. 311. 



Payment of 
aseeesments. 



Provisos. 



AeeesBment to 
constitute a 
lien upon 
estate, etc. 



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 deptli from such street or way, or 
according to both frontage and area; and every such 
owner shall, within three months after written notice of 
such assessment, served on him or on the occupants of his 
estate, or sent by mail to the last address of said owner 
known to said commissioners, pay the sum so assessed to 
the collector of taxes of said town ; provided, that said 
board shall on the written request of any such owner, 
made within said three months, apportion such assess- 
ment into such number of equal parts or instalments, not 
exceeding ten, as the owner shall indicate in such request ; 
and said board shall certify such apportionment to the 
assessors of the town, and one of said parts or instalments, 
with interest from the date of the 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 so been added, 
unless sooner paid as hereinafter provided, diwd., provided, 
furtlter, 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. 

Section 7. An assessment made under section six shall 
constitute a lien upon the estate, which shall continue for 
three years after it is made and notice served as above 
provided, or, in case of apportionment, until the expira- 
tion of two years from the time when the last instalment 
is committed to the collector of taxes ; and said assessment, 
if not paid within three months after service of said notice, 
or, if apportioned, within three months after an}^ part has 
become due, may, together with interest thereon at the 
rate of six per cent per annum, with incidental costs and 
expenses, be levied by the collector by sale of such estate, 
or so much thereof as shall be sufficient to discharge the 
assessment and interest and intervening charges. Such 
sale and all proceedings connected therewith shall be con- 



Acts, 1901. — Chat. 311. 227 

ducted in the same manner as sales for the non-payment 
of taxes; and real estate so sold may be redeemed the 
same as if sold for the non-payment of taxes, and in the 
same manner. Such assessments or parts thereof may Maybecoi- 
also be collected by an action of contract in the name of action of c*o"n- 
the town of Norwood against the owner of the estate, *'''*'^'" 
brought at any time within three years after the same has 
become due. 

Section 8. Any person aggrieved by such assessment Persons 
may at any time within three months after service of the apply for a 
notice mentioned in section six of this act apply to the ^""^^ ' "^ *'" 
superior court of said county for a jury to revise the same, 
but before making such application he shall give fourteen 
days' notice in writing of his intention so to do to the 
said commissioners, and shall therein particularly specify 
his objection to the assessment, to wdiich specification he 
shall be confined before the jury. 

Section 9. The town of Norwood, for the purpose of Norwood sew- 
paying the necessary expenses and liabilities incurred 
under this act, may incur indebtedness and may issue 
from time to time 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 reckoned in deter- 
minino- the leg-al limit of indebtedness of the town under 
the provisions of section four of chapter twenty-nine of 
the Public Statutes and of acts in amendment thereof or 
in addition thereto. Such bonds, notes or scrip shall bear 
on their face the words, Norwood Sewerage Loan, shall 
be payable within periods not exceeding forty years from 
the issuing thereof, and shall bear interest payable semi- 
annually at a rate not exceeding four per cent per annum. 
They shall be signed by the treasurer of said town and 
shall be countersigned by a majority of the sewer com- 
missioners. The town may sell such securities or any 
part thereof from time to time, at public or private sale, 
or pledge the same for money borrowed for the purposes 
of this act : 2^^'ovtded, that they are not sold or pledged Proviso, 
for less than the par value thereof; and the proceeds 
thereof shall be retained in the treasury, and the treasurer 
shall pay therefrom the expenses incurred for the pur- 
poses aforesaid. 

Section 10. Said town instead of esta])lishing a sink- May provide for 

n ^ 1 • <■ 1 • • -11 -1 animal pav- 

ing fund may at the time oi authorizing said loan provide mentsonioan. 

for the payment thereof in such annual proportionate pay- 



228 



Acts, 1901. — Chap. 311. 



Payment of 
loan, etc. 



CommiBsionere 
to appoint a 
clerk, etc. 



Contracts. 



May prescribe 
rules and reg- 
ulations, im- 
pose penalties, 
etc. 



merits as will extinguish the same within the time pre- 
scribed in this act ; and when such vote has been passed 
the amount required thereby, less the amount that may be 
appropriated therefor as provided in the following section, 
shall without further vote be assessed by the assessors of 
the town in each year thereafter until the debt incurred 
by the town shall be extinguished, in the same manner 
as other taxes are assessed under the provisions of section 
thirty-four of chapter eleven of the Public Statutes. 

Section 11. The receipts from assessments and pay- 
ments made in lieu thereof under this act, after deduct- 
ing all charges and expenses for and incident to the 
maintenance and operation of said systems of sewerage, 
shall be applied first to the payment of the interest upon 
the bonds, notes or scrip issued under authority of this 
act, not otherwise provided for, and the balance shall be 
set apart for the payment or redemption of such bonds, 
notes or scrip, or for the payment of the further extension 
of the system or systems of sewerage herein authorized 
to be constructed by said town, as the said town shall 
vote, and shall be used for no other purpose. If the re- 
ceipts from said assessments and from payments made 
in lieu thereof in any year, not appropriated for the con- 
struction and maintenance of sewers as aforesaid, shall 
be insufficient to pay the interest on said bonds, notes or 
scrip, and the principal as it falls due, then in such case 
the town shall raise forthwith by taxation, in the same 
manner as money is raised and appropriated for other 
town purposes, such sum as will meet the said require- 
ments. 

Section 12. The 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 13. All contracts made by the board of com- 
missioners for the purposes of this act 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 appropriated by the town therefor. 

Section 14. The board of commissioners may from 
time to time prescribe rules and regulations for the con- 
nectinof of estates and buildings with main drains and 



Acts, 1901. — Chap. 312. 229 

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 im- 
pose 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 NorAvood, if there be any, and otherwise 
in some newspaper published in the county of Norfolk, 
and shall not take effe<5t until such publication has been 
made. 

Section 15. The provisions of chapter fifty of the certain pro. 
Public Statutes and Of acts in amendment thereof, and lol^ij!^^"^ 
of chapter two hundred and forty-five of the acts of the 
year eighteen hundred and ninety-two, and of the amend- 
ments thereof, so far as the same are applicable and not 
inconsistent with this act, shall apply to the town of 
Norwood in carrying out the provisions of this act. 

Section 16. No act shall be done under the authority rianstobe 
of the preceding sections until the plans for said system gtSe^board^of 
of sewerage have been approved V^y the state board of i^eaith. 
health. Upon application to said board for such approval 
the board shall give a hearing, after due notice to the 
public, and at such hearing plans showing in detail all 
the work to be done in constructing said system of sew- 
erage shall be submitted. 

Section 17. This act shall take effect upon its pas- when to take 
sage, but no expenditure shall be made nor any liability ^^'^'^^' ^^'^• 
incurred 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 the board of sewer commissioners at the 
same meeting at which it accepts this act. 

Approved April 23, 1901. 



ChapM2 



An Act to increase the amount of donds which the city op 
pittsfield is authorized to issue to provide for construct- 
ing a ststem of sewerage. 

Be it enacted, etc., as foUoivs: 

Section 1. Section ten of chapter three hundred and i89o, 3S7, § lo, 
fifty- seven of the acts of the year eighteen hundred and '»™«°''*'^- 
ninety is herel)y amended l)y striking out in the fourth 
line, the word " four ", and inserting in place thereof the 



230 Acts, 1901. — Chap. 313. 

Pittsfieid Sewer ^yord : — fivG, — SO as to read as follows : — Section 10. 

Loan Act of ' 

Eighteen Hun- The Said cltj may, for the purposes of paying the neces- 
Ninety. sary 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 five hundred 
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, Pittsfield Sewer Loan, 
Act of Eighteen Hundred and Ninety ; shall be payable 
at the expiration of periods not exceeding forty years 
from the date of issue, and shall bear interest payable 
semi-annually, at a rate not exceeding six per centum 
p. 8.29, etc., per annum; but the provisions of chapter twenty-nine 

to apply, etc. i ' i it/ 

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. But said city 
may, instead of creating a sinking fund for the payment 
of said bonds so issued or to be issued, provide by the 
terms of said bonds that at least ten thousand dollars 
shall be due and payable each year upon the principal of 
such bonds, and if so paid said sinking fund need not be 
established as required by said acts. 

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

Apj)roved April 23, 1901. 

(7A«W.313 An Act to authorize the temporary taking of water for 

EMERGENCY PURPOSES HY CITIES AND TOWNS. 

Be it enacted, etc., as folloivs: 
fainTownsmay Section 1. Cities by their city councils, and towns 
Ime^/ency take having a systeui of water supply by their water commis- 
water from cer- sioucrs or Selectmen, may in cases of emergency and for 
a period not exceeding six months in any one year, take 
water from any brook, stream, river, lake, pond or reser- 
voir, not already appropriated to uses of a municipal 
water supply, in such quantities as may be necessary to 
relieve the emergency ; but water commissioners or 
selectmen of towns shall not make any such taking 
unless previously authorized so to do at some meeting of 
the inhabitants of the town regularly called therefor. 
They may also take such rights to use any land and for 



Acts, 1901. — Chap. 313. 231 

such time as may be necessary to use such water. Such 
vote of a city council or of a town meeting shall be con- 
clusive as to the existence of the emerofency. No such water to be 

o ' approved by 

takinff shall be made until the state board of health shall state board of 

, ?. , 1.1, P health. 

have hrst approved the Avater as a proper source of water 
supply. 

Section 2. The city councils of cities and the water Description of 
commissioners or selectmen of towns shall cause .to be recorded, e^c. 
recorded in the registry of deeds for the county or dis- 
trict in which such water and land are situated, within 
thirty days after the taking, a description sufficiently 
accurate for identification, with a statement of the pur- 
pose and the time for which the same are taken, which 
statement shall be signed by the mayor of the city or by 
the chairman of the water commissioners or selectmen of 
the town making the taking, and upon such recording the 
right to use for the time stated in such taking shall vest 
in such city or town. 

Section 3. The city councils of cities and the water DamageB. 
commissioners or selectmen of towns shall within sixty 
days after the termination of the exercise of any right 
taken under the provisions of this act estimate and deter- 
mine, as near as may be, the actual damages sustained 
by any person by the taking of any water and of the right 
to use any land under this act; but any one aggrieved by 
such determination may have such damages assessed by a 
jury of the superior court, in the same manner as is pro- 
vided by law with respect to damages sustained by the 
laying out of ways. If upon trial damages are increased 
beyond the amount determined as aforesaid, the aggrieved 
person shall recover costs, otherwise such person shall pay 
costs, and costs shall be taxed as in civil cases; but no 
suit or petition for such damages shall be brought after 
the expiration of two years from the date of the recording 
of the description and statement as aforesaid. 

Section 4. The powers conferred upon and the duties certain duties, 
to be performed by the city councils and mayors of cities erci'sed by^the 
under this act shall within those cities and towns using "aterand^sew. 
the metropolitan water supply be exercised by the metro- ^'■*ee board. 
politan water and sewerage board. 

Approved April 23, 1901. 



232 



Acts, 1901. — Chaps. 314, 315. 



Better accom- 
modations to be 
provided for 
courts and reg- 
istry of deeds 
at Lawrence. 



0/itt7).314: -^ ^^'^ "^^ PROVIDE BETTER ACCOMMODATIONS FOR THE COURTS 
AND REGISTRY OF DEEDS OF THE COUNTY OF ESSEX AT LAAVRENCE. 

Be it enacted, etc.^ as follows: 

Section 1. The county commissioners of the county 
of Essex are hereby authorized and empowered to make 
necessary alterations in and additions to the registry of 
deeds and superior court building in Lawrence, and to 
acquire land and erect buildings thereon, in order to pro- 
vide sufficient accommodations for the courts and registry 
of deeds in Lawrence ; and may expend for this purpose 
a sum not exceeding one hundred thousand dollars. 

Section 2. To meet the expenses incurred under this 
act the said commissioners may borrow from time to 
time upon the credit of the county a sum not exceeding 
one hundred thousand dollars. 

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

Approved April 24, 1901. 



County coramis- 
sioners may 
borrow on 
credit of county. 



Chci]).315 An Act relative to the sale of real estate by administrators. 
Be it enacted, etc., as follows: 



Foreign admin- 
istrators may be 
licensed to sell 
real estate in 
ttiis Common- 
wealth in cer- 
tain cases. 



Proviso. 



Section 1. An administrator appointed in another 
state or country, duly qualified and acting, may file an 
authenticated copy of the record of his appointment and 
of his bond in the probate court for any county in which 
there is real estate of his intestate, when the deceased was 
not at the time, of his death a resident of this Common- 
wealth and when there is no executor or administrator of 
his estate appointed in this Commonwealth ; and such ad- 
ministrator after such notice to the treasurer and receiver 
general, creditors and all persons interested, as the court 
may order, may be licensed to sell said real estate in the 
manner and upon the terms prescribed in the case of sales 
of real estate for distribution under the provisions of chap- 
ter two hundred and sixty-six of the acts of the year 
eighteen hundred and ninety : provided, however, that no 
such license shall be granted unless it appears to the court 
that the whole of the real estate of the deceased in this 
Commonwealth does not exceed fifteen hundred dollars 
in value, that six mo^iths have expired since the death of 
the intestate, that the administrator has given a sufficient 
bond and will lie liable to account for the proceeds of the 
sale in the state or country in which he was appointed, 



Acts, 1901. — Chap. 316. 233 

and that no creditor or other person interested appears to 
be prejudiced tliereby. 

Section 2. The net proceeds of any such sale, after Portion of 
deducting the expenses thereof and after the payment and beTaTen o"t of 
satisfaction of all claims against said estate in this Com- wealth""^""' 
mon wealth, may be taken by the said foreign adminis- 
trator out of this Commonwealth, to be accounted for 
in the court in which he received his appointment. 

A^yproved April 24, 1901. 

An Act to extend the corpokate powers of the haverhill (J]iap.^\Q 

AND AMESBURY STREET RAILWAY COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The Haverhill and Amesbury Street Rail- J,!jf,]^S!'^l.^y 
way Company, upon obtaining the right so to do from street uaiiway 

i' r J ' 1 _ o o Company may 

the board of aldermen of a city or selectmen ot a town, use certain 
in the manner provided for the grant of locations for ex- uiiriug^its^over. 
tensions of its railway, may use for attaching and main- Lmtetc!^^^^^ 
taining its overhead wire system in such city or town any 
poles, with the assent of the owners thereof, located in a 
street or highway of such city or town, and shall, subject 
to the terms of any agreement with the owner of the 
poles, have and enjoy the same rights and be subject to 
the same liabilities in relation to such poles as pertain to 
poles erected and maintained by said company for its own 
use as a part of its railway ; and said company may from • 
time to time grant rights to other persons and companies 
to attach to and maintain upon its poles any wires of such 
other persons and companies as are lawfully entitled to 
erect and maintain poles for their own purposes in the 
streets and highways of such city or town ; and all such 
persons and companies are hereby authorized to make 
agreements with said company for the use of their poles 
by said company or of said company's poles by them; 
and any attachments to poles of other persons heretofore 
made by said company and by such other persons to poles 
of said company with its consent are, subject to the terms 
of any agreements with the owners thereof, hereby rati- 
fied and confirmed. 

Section 2. Said company may, for all purposes nee- May manufact- 
essary or incident to the construction, maintenance and J^Hcity^for^cIrl 
operation of an electric street railway, generate, manu- tam purposes, 
facture, use and transmit electricity in any city or town 



234 Acts, 1901. — Chap. 317. 

wherein it is now or may hereafter be entitled to operate 
a street railway, and for that purpose may erect and main- 
tain poles, trolley, feed and stay wires and other devices 
for conducting electricity in, over and under any streets, 
highways, bridges and town ways in any city or town 
wherein it has been or may be authorized by the board 
of aldermen or selectmen to operate its railway, and upon 
and over any private land with the consent of the owners 
thereof, and may sell to or purchase from any other street 
railway company incorporated under the laws of this 
Commonwealth or of the state of New Hampshire, elec- 
tricity for all the purposes aforesaid ; but said company 
shall not generate, manufacture, use, transmit, purchase 
or sell electricity for light, heat or power, except for 
Certain loca- street railway purposes. All locations and rights hereto- 
co°niirmed"e'tc/ fore granted to said Haverhill and Amesbury Street Rail- 
way Company, or to any corporation the franchise and 
property of which it may have acquired under authority 
of law, are hereby ratified and confirmed, and shall be 
deemed and taken to have been duly granted under au- 
thority of law. 

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

Approved April 24^ 1901. 

ChaV.3VI -^^ ^^^ '^^ EXTEND THE CORPORATE POWERS OF THE LAWRENCE 
AND METHUEN STREET RAILWAY COMPANY. 

Be it enacted, etc., as follows: 

I.I'd MetZfeT Section 1. The Lawrence and Methuen Street Rail- 
street iiaiiway -yyay Companv, upon obtaining the rig-ht so to do from 

Company may '' i p \ -t n • i 

use certain the board of aldermen of a city or the selectmen of a 
tainlng°it8™ ver- towu, iu thc manner provided for the granting of loca- 
tem'^etcr*^*' tions for extcusions of its railway, may use for attaching 
and maintaining its overhead wire system in such city or 
town any poles, with the assent of the owners thereof, 
located in a street or highway of such city or town, and 
shall, subject to the terms of any agreement with the 
owner of the poles, have and enjoy the same rights and 
be subject to the same liabilities in relation to such poles 
as pertain to poles erected and maintained by said com- 
pany for its own use as a part of its railway ; and said 
company may from time to time grant rights to other 
persons and companies to attach to and maintain upon its 
poles any wires of such other persons and companies as 



Acts, 1901. — Chap. 317. 235 

are lawfully entitled to erect and maintain poles for their 
own purposes in the streets and highways of such city or 
town ; and all such persons and companies are hereby 
authorized to make agreements with said company for the 
use of their poles by said company or of said company's 
poles by them; and any attachments to poles of other 
persons heretofore made by said company and by such 
other persons to poles of said company Avith its consent 
are, subject to the terms of any agreements with the 
owners thereof, hereby ratified and confirmed. 

Section 2, Said company may, for all purposes nee- Maymamifact. 
essary or incident to the construction, maintenance and iHcity*fo/ier'. 
operation of an electric street railway, generate, manu- tain purpose*. 
facture, use and transmit electricity in any city or town 
wherein it is now or may hereafter be entitled to operate 
a street railway, and for that purpose may erect and 
maintain poles, trolley, feed and stay wires and other 
devices for conducting electricity in, over and under any 
streets, highways, bridges and town ways in any city or 
town wherein it has been or may be authorized by the 
board of aldermen or selectmen to operate its railway, 
and upon and over any private land with the consent of 
the owners thereof, and may sell to or purchase from any 
other street railway company incorporated under the laws 
of this Commonwealth or of the state of New Hampshire, 
electricity for all purposes aforesaid ; but said company 
shall not generate, manufacture, use, transmit, purchase 
or sell electricity for light, heat or power, except for 
street railway purposes. 

Section 3. Said company may act as a common carrier May act as a 
of baggage and small parcels of merchandise : provided^ of m"°c°h^di8e^ 
]ioioeve7\ that it 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 be subject to such by-laws and regula- 
tions 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 4. This act shall take effect upon its passage. 

Approved April 24, 1901. 



common earner 
of m 
etc. 
ProviaoB. 



236 



Acts, 1901. — Chap. 318. 



(7A«79.318 -^^ ■^'^^'^ '^^ EXTEND THE COIIPORATE POAVERS OF THE HAVERHILL 
AND SOUTHERN NEW HAMPSHIRE STREET RAILWAY COMPANY. 



The Haverhill 
aud Southern 
New Hampshire 
Street Railway 
Company may 
use certain 
poles for main- 
taining its over- 
head wire sys- 
tem, etc. 



May manufact- 
ure, etc., elec- 
tricity for cer- 
tain purposes, 
etc. 



Be it enacted, etc. , as foUotvs : 

Section 1. The Haverhill and Southern Kew Hamp- 
shire Street Railway Company, upon obtaining the right 
so to do from the board of aldermen of a city or the 
selectmen of a town, in the manner provided for the grant 
of locations for extensions of its railway, may use for 
attaching and maintaining its overhead wire system in 
such city or town any poles, with the assent of the owners 
thereof, located in a street or highway of such city or 
town, and shall, subject to the terms of any agreement 
with the owners of the poles, have and enjoy the same 
rights and be subject to the same liabilities in relation to 
such poles as pertain to poles erected and maintained by 
said company for its own use as ft part of its railway ; and 
said company may from time to time grant rights to other 
persons and companies to attach to and maintain upon its 
poles any wires of such other persons and companies as 
are lawfully entitled to erect and maintain poles for 
their own purposes in the streets and highways of such 
city or town; and all such persons and companies are 
hereby authorized to make agreements with said com- 
pany for the use of their poles by said company or of 
said company's poles by them ; and any attachments to 
poles of other persons heretofore made by said company, 
and by such other persons to poles of said company with 
its consent are, subject to the terms of any agreements 
with the owners thereof, hereby ratified and confirmed. 

Section 2. Said company may, for all purposes nec- 
essary or incident to the construction, maintenance and 
operation of an electric street railway, generate, manu- 
facture, use and transmit electricity in any city or town 
wherein it is now or may hereafter be entitled to operate 
a street railway, and for that purpose may erect and main- 
tain poles, trolley, feed and stay wires and other devices 
for conducting electricity in, over and under any streets, 
highways, bridges and town ways in any city or town 
wherein it has been or may be authorized by the board 
of aldermen or selectmen to operate its railway, and upon 
and over any private land with the consent of the owners 
thereof, and may sell to or purchase from any other street 
railway company incorporated under the laws of this 



Acts, 1901. — Chap. 319. 237 

Commonwealth or of the state of New Hampshire, elec- 
tricity for all purposes aforesaid ; but said company shall 
not generate, manufacture, use, transmit, purchase or sell 
electricity for light, heat or power, except for street rail- 
way purposes. 

Section 3. Said company may act as a common carrier May act as a 
of baggage and small parcels of merchandise : provided^ of'^'^r^hand^se, 
]iowevei\ that it shall not so act in any city or town until p°- . 
authorized so to do by the board of aldermen of the city 
or the selectmen of the town ; and 2)rovided^ further^ that 
said company shall be subject to such by-laws and regu- 
lations as may from time to time l)e 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 4. This act shall take effect upon its passage. 

Approved April 24, 1901. 



C/iaj9.319 



An Act kelative to the water i>epaktmext of the city of 

iiolyoke. 

Be it enacted, etc., o.s folloios: 

Section 1. The water commissioners of the city of water commie. 

TT 1 T 1-1 11 1 • Bioners of 

Holyoke are hereby authorized to pay back to the city Hoiyoke to pay 
treasurer of the city of Holyoke, to be used for perma- amount'^of '"^ 
nent municipal improvements under the direction of the ^r^urer.'^'*^ 
board of public works, the amount of money raised by 
taxation in the year eighteen hundred and seventy-five 
and paid by the city treasurer to the water commissioners, 
said amount being ten thousand dollars, together with 
interest thereon at the rate of four per cent per annum. 
Ten thousand dollars shall be paid within thirty days 
after the passage of this act and the balance by the first 
day of December in the year nineteen hundred and one. 

Section 2. The said board of water commissioners is certain eum to 
hereby authorized and directed to pay over to the com- miJ'stoner/or 
missioners of the sinking fund of the said city in each ^ndletc?^ 
year, on or before the first day of October, from its net 
earnings, a percentage upon the total cost of the construc- 
tion of the said water works, as estimated in the annual 
reports of the said water commissioners, which shall be ^ 

the same as the percentage of taxation established for city, 
county and state taxes in the city of Holyoke in that 
year ; and the said commissioners of the sinking fund are 
hereby authorized to collect the said sum. In case the 



238 Acts, 1901. — Chap. 320. 

net earnings do not equal the said percentage the whole 

net earnings shall be paid over as aforesaid. The amount 

so paid or collected shall be used toward the payment of 

municipal bonds, other than water bonds. 

ufJ^/waterto Section 3. Thc board of water commissioners is 

from mun^icipai hcrcbj authorized and directed to collect payment from 

departments, all the muuicipal departments of the city of Holyoke, ex- 

except, etc. lof r-i ''iii 

cept the lire department, tor the water used by them, at 
the same rate which is paid by other consumers, 
hydrants to be Section 4. The board of water commissioners is also 
fire dt^artm^t hereby authorized and directed to collect from the fire 
department an annual rental, not exceeding eight dollars 
for each public fire hydrant. This rental shall include 
the cost of all w^ater used by the fire department for fire 
or other purposes, including the cost of furnishing and 
maintaining the hydrants. 
When to take Skotion 5. Sectiou oue shall take effect upon the pas- 
sage of this act, and sections two, three, four and five 
shall take effect on the first day of December in the year 
nineteen hundred and one. Approved April 24, 1901. 

Chap.S^O -A.X Act to incorporate chickering & sons. 

Be it enacted, etc., as follows: 

SnsSfpo- Section 1. George S. Silsbee, Neal Rantoul, Charles 
rated. jj, W. Fostcr, Charlcs H. Eddy and Frank Brewster, 

their associates and successors, are hereby made a corpo- 
ration by the name of Chickering & Sons, for the pur- 
pose of manufacturing, buying and selling pianos, organs 
and other musical instruments, with all their parts and 
accessories and all machinery and equipment necessary or 
convenient for such manufacture, purchase and sale, and 
of conducting a general business in regard to all matters 
relating to music and the promotion of the interests of 
music, and may for these purposes acquire the property 
of Chickering & Sons, a corporation organized and ex- 
isting under the laws of the state of New York, and such 
other property as may be necessary or convenient for 
any of the above purposes, and shall have all the powers 
and privileges and be subject to all the duties, liabilities 
and restrictions set forth in all general laAvs now or here- 
after in force relating to such corporations. 

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

Apjyroved April 24, 1901. 



Acts, 1901. — Chaps. 321, 322, 323. 239 



An Act relative to the packing, inspection and branding of /^^^^ QOI 

FISH. ■'- 

Be it enacted^ etc., as folloios : 

Section 1. Fish intended for sale or exportation, Packing, etc., of 
which are now subject to inspection under the provisions Baie^o? exponL 
of chapter fifty- six of the Public Statutes and of acts in **°°* 
amendment thereof and in addition thereto, may hereafter 
be packed in any mode agreed upon by the buyer and 
seller, without inspection or branding, but such fish shall 
be inspected, if inspection be required, at the time of 
purchase by the purchaser, who shall in that event pay 
all expenses of inspecting and repacking. 

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

Approved April 24, 1901. 



An Act kelative to certain evidence in actions for lidee or 

SLANDER. 



Chap.mi 



Be it enacted, etc. , as foUorvs : 

Section 1. In actions for libel or slander the defend- Evidence in 

actions tor 

ant may prove in mitigation of damages and to rebut ubei or slander. 
evidence of actual malice, acts of the plaintiff creating 
reasonable suspicion of the truth of the matters charged 
against him by the defendant. 

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

Approved April 23, 1901. 



Chap:S2S 



An Act to authorize the citizens' electric street railway 
company to act as a common carrier of certain merchan- 
dise. 

Be it enacted, etc., as follows: 

Section 1. The Citizens' Electric Street Railway Com- May act as a 
pany is hereby authorized to act as a common carrier of ofb^gagel^tT 
coal, market produce, provisions, ice, baggage and build- 
ing materials, over its tracks in the city of Newburyport 
and the town of Newbury : provided, hoicever., that said Provieos. 
company shall not so act until authorized so to do by the 
board of aldermen of said city and the selectmen of said 
town ; and 'provided, further, that said company shall be 
subject to such ordinances or by-laws as may from time 
to time be made by said city or town ; and shall also be 



240 



Acts, 1901.— Chap. 324. 



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 April 25, 1901. 



Appropriations. 



Chcil) 324 An Act MAKING appropriations for the Massachusetts chari- 
table EYE AND EAR INFIRMARY, THE MASSACHUSETTS AGRICULT- 
URAL COLLEGE, AND FOR CERTAIN OTHER EXPENSES AUTHORIZED 
BY LAW. 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified in certain acts and resolves of the present year, 
and for certain other expenses authorized by law, to 
wit : — 

For books, maps, statistics, stationery, and incidental 
and contingent expenses of the railroad commissioners, a 
sum not exceeding one thousand dollars, as authorized by 
chapter fifty-four of the acts of the present year, the 
same to be in addition to the two thousand dollars appro- 
priated by chapter twelve of the acts of the present year. 

For a tablet in memory of the late Major George 
Luther Stearns, as authorized by chapter seventy- two of 
the resolves of the year eighteen hundred and ninety - 
seven, a sum not exceeding five hundred dollars, being a 
re-appropriation, the same having reverted to the treas- 
ury in accordance with section thirty of chapter sixteen 
of the Public Statutes. 

For expenses in connection with the publication of the 
bulletin of committee hearings, as authorized by chapter 
two of the resolves of the present year, a sum not ex- 
ceeding three thousand dollars. 

For equipping the laundry at the state hospital, as 
authorized by chapter three of the resolves of the present 
year, a sum not exceeding twelve thousand dollars. 

For compiling, indexing and publishing the records of 
the Massachusetts troops who served in the revolutionary 
war, as authorized by chapter five of the resolves of the 
present year, a sum not exceeding three thousand dollars. 
Wendell P. YoT Wendell P. Marden, the sum of three hundred 

Marden and . ' . „ 

heirs of Joshua dollars, and for the heirs of Joshua Phippen, the sum oi 

Phippen. ' i r ' 



Railroad com- 
missioners, 
expenses. 



Tablet In mem- 
ory of late 
Major George 
Luther Stearns. 



Bulletin of com. 
mittee hearings 



Laundry at 
state hospital. 



Revolutionary 
war records. 



Acts, 1901. — Chap. 324. 241 

three hundred and fifty dollars, these sums being author- 
ized by chapter six of the resolves of the present year. 

For the town of Weymouth, the sum of twenty-nine Town of 
hundred and fifty-nine dollars, as authorized by chapter ^y^""* • 
seven of the resolves of the present year. 

For the town of Amesbury, the sum of two hundred X^sbury. 
dollars, as authorized by chapter ten of the resolves of 
the present year. 

For George J. Tufts, the sum of twenty-five dollars, oeoigej. 
as authorized by chapter twelve of the resolves of the ^" '"' 
present year. 

For the construction of a staircase to connect the staircase to 
reporters' gallery with the vestibule of the representa- ga'ifery" 
tives' chamber in the state house, a sum not exceeding 
one thousand dollars, as authorized by chapter thirteen 
of the resolves of the present year. 

For certain improvements and repairs at the Massa- Massachusetts 
chusetts Agricultural College, and for the further equip- ooiieg". ""^^ 
ment thereof, a sum not exceedino- eio:ht thousand five 
hundred dollars, as authorized by chapter fourteen of the 
resolves of the present year. 

For Thomas G. Stevenson, the sum of one hundred |tg°^jfgon* 
and eight dollars, as authorized by chapter eighteen of 
the resolves of the present year. 

For printing and distributing copies of the report of the Report of com- 
commissioners for consolidating and arranging the Public ^rrangrnTetT., 
Statutes, a sum not exceeding thirty-five hundred dollars, statute's."' 
as authorized by chapter nineteen of the resolves of the 
present year. 

For James Chambers and Joseph Chambers, the sum jamesand 
of two hundred and fifty dollars, as authorized by chapter chambers. 
twenty of the resolves of the present year. 

For the salary of the first clerk in the treasurer's office of treas- 
department, the sum of one hundred dollars; for the receiver gen- 
salary of the second clerk in the treasurer's department, ^''*^' ^*'*"^*- 
the sum of one hundred dollars ; for the salary of the 
cashier in the treasurer's department, the sum of two 
hundred dollars ; for the salary of the third clerk in the 
treasurer's department, the sum of two hundred dollars ; 
for the salary of the fund clerk in the treasurer's depart- 
ment, the sum of one hundred dollars ; for the salary of 
the receiving teller in the treasurer's department, the 
sum of four hundred dollars ; for the salary of the paying 
teller in the treasurer's department, the sum of four hun- 



242 



Acts, 1901.— Chap. 324. 



Carl H. 
Lippman. 



Xew England 
InduBtrial 
School for Deaf 
Mutes. 

Massachusetts 
Charitable Eye 
and Ear 
Infirmary. 



Eliza L. Stock- 
well, executrix. 



Nancy Ellen 
BesEOm. 



Patrick Layhee. 



Mary HEinnah 
Clark. 



William E. 
Coffin. 



dred dollars ; the same to be in addition to any amounts 
heretofore appropriated for the same purpose; for the 
salary of the assistant paying teller, the sum of one 
thousand dollars ; for the salary of the legacy tax clerk, 
the sum of one hundred dollars, the same to be in addition 
to any amount heretofore appropriated for the same pur- 
pose. The salaries of the warrant clerk, the files clerk 
and the stenographer shall be paid from the appropria- 
tion for clerical assistance in the treasurer's department, 
as provided for by chapter forty-nine of the acts of the 
present year. The foregoing appropriations are author- 
ized by chapter two hundred and eleven of the acts of 
the present year. 

For Carl H. Lippman, the sum of one hundred dollars, 
as authorized by chapter twenty-seven of the resolves of 
the present year. 

For the New England Industrial School for Deaf 
Mutes, the sum of two thousand dollars, as authorized by 
chapter twenty-eight of the resolves of the present year. 

For the Massachusetts Charitable Eye and Ear Infirm- 
ary, the sum of twenty-five thousand dollars, as author- 
ized by chapter twenty- nine of the resolves of the present 
year. 

For Eliza L. Stockwell, executrix, the sum of one hun- 
dred fifty-nine dollars and eighty-three cents, as author- 
ized by chapter thirty- two of the resolves of the present 
year. 

For Nancy Ellen Bessom, the sum of fifty-five dollars, 
as authorized by chapter thirty-four of the resolves of 
the present year. 

For Patrick Layhee, the sum of fifty-five dollars, as 
authorized by chapter thirty-five of the resolves of the 
present year. 

For Mary Hannah Clark, the sum of fifty-five dollars, 
as authorized by chapter thirty- six of the resolves of the 
present year. 

For William E. Coffin, the sum of fifty-five dollars, as 
authorized by chapter thirty-seven of the resolves of the 
present year. 

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

Approved Ajjril 30, 1901. 



Acts, 1901. — Chap. 325. 243 



An Act relative to the trustees ok the hoavakd funds in (JIkuj 395 
avest l5ridgewater. 

Be it enacted, etc., as follows : 

Section 1. Section two of chapter twenty-nine of the 1868,29, §2. 
acts of the year eighteen hundred and sixty-eight is 
hereby amended by striking out the words " two hun- 
dred thousand dollars ", in the last two lines, and insert- 
ing in place thereof the words : — three hundred thousand 
dollars, — so as to read as follows: — Section 2. Said ?^ilj,t';^"f •'"f 

' _ _ _ nola real and 

corporation is hereby authorized and empowered to take personal cHtate. 
and hold, for the purposes therein set forth, all the estate 
bequeathed in trust by said will to the trustees herein 
named ; and may take and hold any other estate, real or 
personal, which may be acquired by said corporation by 
gift, devise, purchase or otherwise, for the same pur- 
poses : j9ror?V/et/, however, that the actual value of the Proviso, 
estate by them held or possessed as aforesaid, shall not at 
any one time exceed the amount of three hundred thou- 
sand dollars. 

Section 2. The real and personal estate held by The To be exempt 
Trustees of the Howard Funds in West Bridge water for 



from taxation. 



school purposes or lecture purposes, or the income of 
which is to be expended for either of said purposes, shall 
be exempt from taxation, to the same extent as the prop- 
erty of other literary institutions incorporated under 
general laws in this Commonwealth is exempt : provided, rro^'so. 
luni;ever, that said trustees shall maintain a high school 
satisfactory to the superintendent of schools of said town 
in their building at West Bridgewater, which all pupils 
qualified for a high school and living in said town may 
attend ; and if said superintendent, on or before the 
fifteenth day of May of any year, shall certify to the 
assessors of said town that said trustees have not dur- 
ing such year maintained a high school satisfactory to 
him, the real and personal property held by said trustees 
shall be liable to taxation in such year as if held by an 
individual. 

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

Aj)p7'0ved April 30, 1901. 



244 



Acts, 1901.— Chap. 326. 



Chcip.32G An Act to ixcorporate the winciiendon street railway coii- 



Winchendon 
Street Railway 
Company in- 
corporated. 



Motive power, 
etc. 



May acquire 
necessary real 
estate, etc. 



Capital stock. 



May issue mort- 
gage bonds, etc, 



May act as a 
common carrier 
of merchandise, 
etc. 



Be it enacted, etc., as foHoivs: 

Section 1. Joseph N, White, Zadoc L. White, Elisha 
M. Whitney, Charles L. Beals, Murdock M. Clark, Mor- 
ton E, Converse, John H. Fairbanks and Wilder P. 
Clark, their associates and successors, are hereby made a 
corporation under the name of the Winchendon Street 
Railway Company, with all the powers and privileges 
and suljject 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 maintain and operate 
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 board of selectmen of the town 
of Winchendon, may erect such poles and wires and 
make such excavations in the streets and highways of 
that town as may be necessary to establish and maintain 
such motive power. It may acquire by purchase or lease 
all real estate and water power required for its power 
station, tracks, poles, wires, car houses and other purposes 
incident to the proper maintenance and operation of its 
railway. 

Section 3. The capital stock of said company shall 
not exceed sixty thousand dollars, but may be increased 
in accordance with the provisions of the general laws. 

Section 4. Said company in order to meet expenses 
incurred under this act may issue bonds not exceeding 
in amount 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 property included therein which may become 
unsuitable for use, provided an equivalent in value is 
substituted therefor. 

Section 5. Said company is hereby authorized to use 
its tracks for the transportation of passengers and their 
baggage, and to act as a common carrier of small par- 
cels of goods and merchandise, and to carry mails upon 



Acts, 1901. — Chap. 327. 245 

any street or highway, or over any private land upon 
Avhich it may be authorized to construct its tracks, and 
it is hereby authorized to act as a common carrier of 
freight upon its tracks in that part of the town of Win- 
chendon westerly of the N". D. "White & Sons mills, 
Winchendon Springs, so-called, and easterly of the line 
of Millers river, near the E. M. Young place on the 
South Royalston road : jyrovided, Jioicever^ that said com- provisos. 
pany shall, in the carrying of baggage, parcels of mer- 
chandise and freight, be subject to such by-laws and 
regulations as may from time to time be made by said 
town ; and shall also be subject to the provisions of 
chapter seventy-three of the PubHc Statutes and of all 
other laws relating to common carriers. 

Section 6. No stock or bonds shall be issued under iseue of stock 
this act until the terms of such issue have been submitted appro^^eVby*^^ 
to the board of railroad commissioners and approved by mi88^oue'i-8"^etc. 
them under the general laws relative to the issue of stock 
and bonds by street railway companies ; and if the board 
approves such issue a certificate setting forth such ap- 
proval shall he. executed by said board and filed by said 
company in the office of the secretary of the Common- 
wealth. 

Section 7. The authority herein granted shall cease Road to be in 

1.1 T 1 1 ' 1 1 •^J_ 1 j_ • operation at the 

unless the proposed road has been built and put m oper- end of three 
ation at the end of three years from the passage of this ^^^'®' 
act. 

Section 8. This act shall take effect upon its passage. 

Approved May i, 1901. 



An Act relative to the size of berry baskets. ClldV'^^ 

Be it enacted^ etc., as follows: 

Sections one and two of chapter three hundred and and'2^amlnded. 
thirty-nine of the acts of the year nineteen hundred are 
hereby amended by striking out the whole of said sections 
and inserting in place thereof the following : — Section 1. fJiskets^etZ 
Every basket or other receptacle holding one quart or regulated, 
less, used or intended to be used in the sale of straw- 
berries, blackberries, cherries, currants or gooseberries 
shall be of the capacity of one quart, one pint, or one 
half pint, Massachusetts standard dry measure. Section Penalty. 
2. Whoever sells or offers for sale any such basket or 
other receptacle holding one quart or less, not conform- 



246 



Acts, 1901. — Chap. 328. 



Chap.S28 



The deacons of 
The First Con- 
gregational 
Church in 
Abington, etc., 
may sell certain 
land. 



Proceeds to be 
devoted to 
maintenance, 
etc., of parson- 
age. 



ing 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 such basket or other recep- 
tacle holding one quart or less, 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. 

Approved May 1, 1901. 

An Act to authorize the deacons of the first coNGHE<iA- 

TIONAL CHUKCH IN ABINGTON AND THE FIRST CONGREGATIONAL 
PARISH IN ABINGTON TO SELL CERTAIN LAND. 

Be it enacted, etc., as folloios: 

Section 1. The deacons of The First Congregational 
Church in Abington, and the First Congregational Parish 
in Abington, are hereby authorized to sell at public or 
private sale, in one or more lots, and to convey a portion 
of the parsonage land, which land was conveyed to said 
church and parish under the will of Edward Cobb, late of 
said Abington, deceased, and is situated in the town of 
Abington. Said portion to be conveyed is bounded and 
described as follows : — Beginning at the northeasterly 
corner of the premises on Belmont street, thence westerly 
by land formerly of Z. N. Whitmarsh to the southwest- 
erly corner of said land formerly of Z. N. Whitmarsh at 
the southeasterly corner of land of Carroll A. Faxon ; 
thence southerly by a line in range with the division line 
between said land formerly of Z. X. Whitmarsh and land 
of Carroll A, Faxon to Brockton avenue ; thence easterly 
by said Brockton avenue to Belmont street; thence 
northerly by said Belmont street to the point of begin- 
ning. A deed conveying tlie parcel of land above de- 
scribed may be executed and delivered by said deacons 
and by any person who may be thereto authorized by 
the said parish, and the purchaser or purchasers shall 
hold said land free from any trust and without any obli- 
gation to see to the application of the purchase money. 

Section 2. The proceeds of the sale shall be devoted 
to the maintenance and improvement of the parsonage. 

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

Approved May 1, 1901. 



Acts, 1901. — Chaps. 329, 330, 331. 247 



An Act relative to the compensation of official stenogra- ni^f/^ 3*^9 

PHERS OF the SUPERIOU COUUT. -^ * "^ 

Be it enacted, etc, as foUoivs: 

Section 1. The provisions of chapter four hundred compensation 

i^« J., PI •! 1 11°' stenogra- 

and nity-two oi the acts oi the year eighteen hundred phereotthe 
and ninety-three, as amended by chapter sixty-eight of "^p®"'"' "^"^ 
the acts of the year eighteen hundred and ninety-four, 
shall apply to the official stenographers of the sessions 
without jury of the superior court for Suffolk county, and 
to the official stenographers of the superior court for all 
other counties having a population exceeding two hun- 
dred thousand. 

Section 2. So much of chapters three hundred and Repeal, 
thirty and four hundred and twenty-four of the acts of 
the year eighteen hundred and ninety-four, and of chap- 
ter two hundred and ninety-one of the acts of the year 
eighteen hundred and eighty-five, and of chapter seventy- 
four of the acts of the year eighteen hundred and eighty- 
seven as is inconsistent herewith is hereby repealed. 

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

A2}proved May 1, 1901. 



Chap.330 



An Act relative to the powers and duties of the board of 

RAILROAD commissioners. 

Be it enacted, etc., as follows: 

Section 1. All general laws defining the powers and ^°T«"f?^ ^^ 
duties of the board of railroad commissioners in reference of railroad com- 
to the stations and premises of railroad companies, and to 
the operation of trains in connection therewith, shall, ex- 
cept as otherwise provided in chapter five hundred and 
sixteen of the acts of the year eighteen hundred and 
ninety-six, be applical^le to the station and premises of 
the Boston Terminal Company, and to the operation of 
trains in connection therewith. 

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

Approved May 1, 1901. 

An Act to change the name of the oblate sisters of saint /~y7,^^ qq-i 

FRANCIS OF assise. -^ 

Be it enacted, etc., as folloivs : 

Section 1. The name of The Oblate Sisters of Saint Name changed. 
Francis of Assise, a charitable association incorporated 



248 



Acts, 1901. — Chaps. 332, 333. 



Gifts, bequests, 
etc. 



OAap.332 



Clerks of cer- 
tain cities, 
election, etc. 



In cities not 
required to 
elect, etc., in 
December. 



Term. 



Vacancy. 



Repeal. 



When to take 
effect. 



under the laws of the Commonwealth on the thirteenth 
day of September in the year eighteen hundred and 
ninety, is hereby changed to the Little Franciscan 
Sisters of Mary, 

Section 2. All gifts, bequests or devises heretofore 
or hereafter made to the said association under either of 
the aforesaid names shall vest in and be the property of 
the Little Franciscan Sisters of Mary. 

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

Approved May i, 1901. 

An Act relative to the terms of office of city clerks. 
Be it enacted, etc. , as follows : 

Section 1. In the year nineteen hundred and one and 
every third year thereafter there shall be elected by the 
voters in every city required to elect a city clerk in 
December, a city clerk, to hold his office for tliree years 
from the beginning of the next municipal year. 

Section 2. In the year nineteen hundred and two and 
every third year thereafter, in every city not required to 
elect or appoint a city clerk in December, there shall be 
elected or appointed as required by the charters of their 
respective cities, a city clerk, to hold his office for three 
years from the day of his election or appointment. 

Section 3. Every such clerk shall hold his office until 
the election or appointment and qualification of his suc- 
cessor, unless sooner removed l)y due process of law. 

Section 4. When a vacancy shall occur in the office 
of city clerk the person elected or appointed to fill the 
vacancy shall hold the office until the end of the unex- 
pired term of the person last holding the office. 

Section 5. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 6. This act shall be .submitted to the voters 
of every city at the next annual municipal election, and 
upon its acceptance by a majority of the voters voting 
thereon in any city shaU take effect in that city. 

Approved May i, 1901. 



CJlClV.SSS "'^^ -^^^ '^^ legalize and confirm certain proceedings of the 

TOA\"N OF WEST BROOKFIELD. 

Be it enacted, etc., as follows: 

town^mjetfngof Section 1. The prOccedings of the annual meeting 
West Brookfieid of the towu of Wcst Brookfield, held on the first day of 

confirmed. ' • «' 



Acts, 1901. — Chap. 334. 249 

April in the year nineteen hundred and one, and the elec- 
tion of town officers thereat, shall not be invalid by reason 
of the omission in the warrant callino- such meeting to 
specify by name all the officers to be voted for at such 
meeting, nor shall the election of any of the members of 
the school board at said meeting be invalid by reason of 
the omission in the vote passed at a special meeting duly 
called and held on the twenty-fifth day of September 
in the year nineteen hundred, to state specifically and 
definitely that the number of the members of the school 
board should be increased to nine ; and said proceedings 
are hereby legalized and confirmed. 

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

Approved 3Tay 1, 1901. 



Chap.334: 



An Act to authorize the Norwood, canton and sharon street 
railway company to act as a common carrier of certain 
kinds of goods and merchandise. 

Be it enacted, etc. , as follows : 

Section 1. The I^orwood, Canton and Sharon Street May act as a 

. -iii-i • 1 common earner 

Railway Company is hereby authorized to use its tracks of merchandise, 
for the transportation of passengers and their baggage, ^ 
and to act as 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 authorized to construct its tracks : provided, hoivever. Provisos. 
that said company shall not so act in any town until 
authorized so to do by the selectmen of that town ; and 
provided, further, 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 
the towns in which it operates ; and shall also be subject 
to the provisions of chapter seventy-three of the Public 
Statutes and of all other laws relating to common car- 
riers. Said company is also authorized to use its tracks 
for the transportation of coal and fuel and of other sup- 
plies, materials and merchandise necessary or convenient 
for its use in the construction, maintenance and opera- 
tion of its railway. 

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

Approved May 1, 1901. 



250 



Acts, 1901. — Chaps. 335, 336, 337. 



Ch(l7).S35 ^^ ^CT TO ESTABLISH THE SALARY OF THE SECOND CLERK OF THE 
SECRETARY OF THE STATE BOARD OF AGRICULTURE. 

Be it enacted, etc., as follows : 

Section 1. The salary of the second clerk of the 
secretary of the state board of agriculture shall be four- 
teen hundred dollars a year, to be so allowed from the 
first day of January in the year nineteen hundred and 
one. 

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

Approved May 1, 1901. 



Second clerk of 
secretary of 
state board of 
agriculture. 



(JhaiJ.o^Q An Act to provide extra clerical assistance for the clerk 

OF the central district court of WORCESTER. 



1895, 260, § 1, 
amended. 



Extra clerical 
assistance. 



Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
sixty of the acts of the year eighteen hundred and ninety- 
five is hereby amended by striking out the whole of said 
section and inserting in place thereof the following : — 
Section 1. The clerk of the central district court of 
"Worcester shall be allowed for extra clerical assistance, 
upon a certificate stating the time occupied and the 
names of the persons by whom the work was performed, 
provided the judge of said court shall certify that the 
work was actuall}^ performed and was necessary, such 
sums not exceeding twelve hundred dollars in any one 
year as the county commissioners for the county of 
"Worcester may approve in a writing or writings signed 
by them. Such sums shall be paid from the treasury of 
the county monthly to the person or persons employed. 

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

Approved May 1, 1901. 



Chctp.3S7 ■^'^ -^<^'T TO INCORPORATE THE OAKHAM STREET RAILAVAY COMPANY. 

Be it enacted, etc., as folio ws: 



Oakham Street 
Railway Com- 
pany incorpo- 
rated. 



Section 1. Frank A. Tobin, Jesse Allen, Corliss F. 
HiU, Harry B. Parker, "Wilham C. Bliss, Clarence H. 
Parker, George H. "Williams, George W. Stone and 
Charles A. Gleason, their associates and successors, are 
hereby made a corporation under the name of the Oak- 
ham Street Railway Company, with all the powers and 
privileges and subject to all the duties, liabihties and 



Acts, 1901. — Chap. 337. 251 

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^'oakham.'^^^ 
in such manner as may be convenient, upon streets, high- 
ways or state roads in the town of Oakham, subject to 
the approval and control of the board of selectmen of the 
town 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. 

Section 3. Said company may maintain and operate Motive power, 
its railway by any motive jiower 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 board of selectmen of said town, 
may erect within the town 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 e8taTc?e?cf*"^ 
power for its power stations and other purposes incident 
to the proper maintenance and operation of its railway. 

Section 4. The capital stock of the company shall not Capital stock. 
exceed forty thousand dollars, but it may be increased, 
subject to the provisions of the general laws. 

Section 5. The said company, in order to meet the May issue mort. 
expenses incurred under authority of this act, may issue ^^^^ °° '*' ^ '^' 
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 sul)stituted therefor. 

Section 6. The said company is hereby authorized to May be a 
use its tracks for the transportation of passengers and of'^^rThandut^ 
their baggage, to be a common carrier of farm produce ^'*^- 
and 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 authorized to construct its 
tracks as aforesaid : 2))'ovided, Jioivevei\ that the company Proviso, 
shall not so act in any city or town until authorized so to 
do by the selectmen of said town and aldermen of said 



252 



Acts, 1901. — Chap. 338. 



Proviso. 



Authority to 
cease unless 
certain condi- 
tions are com- 
plied with. 



city; and provided, further, that the company shall in 
carrying baggage, farm produce and small parcels, be 
subject to such by-laws and regulations 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 7. The authority hereby granted shall cease 
if two miles of the proposed railway are not constructed 
and put in operation prior to the first day of December 
in the year nineteen hundred and two and if said railway 
is not constructed and in operation in the town of Oakliam 
within four years from the granting of locations by the 
proper authorities. 

Section 8. This act shall take effect upon its passage. 

Approved May 1, 1901. 



Rutland Street 
Railway Com- 
pany incorpo- 
rated. 



May construct, 
etc., its railway 
in Rutland. 



CJiap.33S -^^ -A-CT TO INCORPORATE THE RUTLAND STREET RAILWAY COMPANY, 

Be it enacted, etc. , as follows : 

Section 1. Charles R. Bartlett, Louis M. Hanff, Wil- 
liam E. Chamberlain, George F. Hardy, Miles Holden 
and Walter J. Marcley, their associates and successors, 
are hereby made a corporation under the name of the 
Rutland Street Railway 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- 
tain and operate its railway, with a single or double track, 
in such manner as may be convenient, upon streets, high- 
ways or state roads in the town of Rutland, subject to the 
approval and control of the board of selectmen of said 
town 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 higliAvay. 

Section 3. The said company may maintain and 
operate its railway by any motive power other than 
steam, may erect and maintain poles and wires on private 
land purchased or leased for the purposes of said railway, 
and, with the consent of the board of selectmen of said 
town, may erect within the town such poles and wires in 
the streets and highways as may be necessary to establish 



Motive power, 
etc. 



Acts, 1901. — Chap. 338. 253 

and maintain sucli motive power. The company may May acquire 
acquire by purchase or lease all necessary real estate and estTtT^Jfc!^^" 
water power for its power stations and for other })urposes 
incident to the proper maintenance and operation of its 
railway. 

Section 4. The capital stock of the company shall not capuai stock. 
exceed sixty thousand dollars, but it may be increased, 
subject to the provisions of the general laws. 

Section 5. The said company, in order to meet the May issue mort. 
expenses incurred under authority of this act, may issue ^^^^ '^"°'^*' ®*'^" 
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 equiv- 
alent in value is substituted therefor. 

Section 6. The said company is hereby authorized to May be a 
use its tracks for the transportation of passengers and of'^"rc°haum", 
their baggage, to be a common carrier of farm produce ®*'^- 
and small parcels of merchandise, and to carry mails, 
upon any street or highway, or any private land upon 
which it may be authorized to construct its tracks as 
aforesaid : provided, however, that the company shall not Provisos. 
so act in any city or town until authorized so to do by 
the aldermen of the city or the selectmen of the town ; 
2lTv<\ provided, further, that the company shall in carrying- 
baggage, farm produce and small parcels, be subject to 
such by-laws and regulations as may from time to time 
be made by such city or town ; and shall also be sul)ject 
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 Authority to 
if four miles of the pro]iosed railway are not constructed certain clTndi- 
and put in operation prior to the first day of December in ^'(J^^ wuh.""^" 
the year nineteen hundred and two and if said railway 
is not constructed and put in operation in the town of 
Rutland within five years from the granting of locations 
by the proper authorities. 

Section 8. This act shall take effect upon its passage. 

Approved May 1, 1901. 



254 



Acts, 1901. — Chaps. 339, 340. 



1896, 517, § 5, 
amended. 



Veterans not to SecttOn 5. 

be removed, 
etc., without a 
hearing, etc. 



C7i«Z?.339 ^^ -^^"^ RELATIVE TO THE REMOVAL, SUSPENSION OR TRANSFER OF 
VETERANS OF THE CTVIL WAR IN THE PUISLIC SERVICE. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter five hundred and 
seventeen of • the acts of the year eighteen hundred and 
ninety-six is hereby amended by striking out the whole of 
said section and inserting in place thereof the following : 
No veteran holding office or employment 
in the public service of the state, or of any city or town 
therein, shall be removed or suspended, or shall without 
his consent be transferred from such office or employment, 
nor shall his office be abolished, except after a full hearing 
of which he shall have at least seventy-two hours' Avritten 
notice, with a statement of the reasons for the contem- 
plated removal, suspension, transfer or abolition. The 
hearing^ shall be before the state board of arbitration and 
conciliation, if the veteran be a state employee, or before 
the mayor of the city or selectmen of the town of which 
he is an employee, and the veteran shall have the right to 
be present and to be represented by counsel. Such re- 
moval, suspension or transfer, or such abolition of an 
office, shall be made only upon a written order stating 
fully and specifically the cause or causes therefor, and 
signe<l by said board, mayor, or selectmen, after a hear- 
ing as aforesaid. 

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

Approved May 1, 1901. 



ChCtV.34iO ^^ -^^"^ RELATIVE TO THE REMOVAL OF TRISONEHS FROM THE STATE 
PRISON TO THE MASSACHUSETTS REFORMATORY. 



1894, 249, § 1, 
amended. 



Removal of 
convicts. 



Be it enacted, etc., as foUoivs: 

Section 1. Section one of chapter two hundred and 
forty- nine 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 
following : — Section 1. The commissioners of prisons 
may remove to the Massachusetts reformatory any con- 
victs held in the state prison other than those serving a 
sentence of imprisonment for life or those awaiting execu- 
tion ; and they may at any time return to the state prison 
any convict so removed. 

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

Apj^roved May 1, 1901 . 



Acts, 1901. — Chap. 341. 255 



An Act relative to the sale of articles of food and drink /^7,^^ oa-\ 

WHICH contain antiseptic OR PRESERVATIVE SUllSTANCES. ^ 

Be it enacted, etc., as foUoius : 

Section 1. Every article sold as an article or in- certain articles 
gredient of food or drink that contains any added anti- be de"emld*'to*be 
septic or preservative substance, except common table ^'^""^'■'**'=*^- 
salt, saltpeter, cane sugar, alcohol, vinegar, spices, and 
in smoked food the natural products of the smoking 
process, shall be deemed to be adulterated Avithin the 
meaning of chapter three hundred and forty-four of the 
acts of the year eighteen hundred and ninety-seven, unless 
every package of such article sold or offered for sale bears 
a label on which are clearly indicated the presence and 
the percentage of every such antiseptic or preservative 
substance. 

Section 2. The foregoing provision shall not apply to Not to apply to 
such portions of suitable preservative substances as are vathTBui^"*'^" 
employed as a surface application for preserving dried stances, etc. 
fish or meat, or to such preservative sul)stances as exist 
in animal or vegetable tissues as a natural component 
thereof, but shall apply to additional quantities. 

Section 3. This act shall be construed as in addition Tobeinad.ii. 
to and not superseding or annulling any of the provisions i^-^^!" e-'^'f^fng 
of existing laws. 

Section 4. Within sixty days after the passage of this state board of 
act the state board of health shall take such measures pro!i8ionrto''be 
as the board may deem sufficient to make the provisions ^c.''*' known, 
of the act known to the persons who may be affected 
thereby. 

Section 5. Goods held in stock by retail dealers prior certain goods 
to the date of taking effect of this act, if proved to have for'ou?y"ar! 
been so held, shall be exempt therefrom during the first 
year of the operation of this act. 

Section 6. Section four of this act shall take effect when to take 
upon its passage, and the remainder of the act shall take 
effect on the first day of January in the year nineteen 
hundred and two. Approved May 1, 1901. 



256 Acts, 1901. — Chaps. 342, 343, 344. 



Chap.S4:'2i An Act to legalize and confirm the proceedings of the 

ANNUAL meeting AND OF A SPECIAL MEETING OF THE TOWN OF 
BOXBOROUGH. 

Be it enacted, etc., as follows: 

tow^TmieHng/ Section 1. The proceedings of the annual town meet- 
o^ ^oxborough ino; of the town of Boxborouffh, held on the eic^hteenth 

connrmed. Ti>-»ri-i -i 

day of March in the year nineteen hundred and one, and 
the election of town officers thereat, and of the special 
town meeting of said town held on the sixth day of April 
in the year nineteen hundred and one, shall not be invalid 
by reason of the failure of the selectmen to appoint tellers 
for said meetings in accordance with the provisions of 
section one hundred and seventy-nine of chapter five hun- 
dred and forty- eight of the acts of the year eighteen 
hundred and ninety-eight; and the proceedings of said 
meetings are hereby legalized and confirmed. 

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

A2yproved May 1, 1901. 

Ch((p.S43 An Act to authorize the arrest of persons engaged in the 

BUSINESS OF COLLECTING MONEY WHO UNREASONABLY NEGLECT 
TO PAY OVER THE SAME. 

Be it enacted, etc., as follows: 
P. s. 162, § 1, Section one of chapter one hundred and sixty-two of 

amended. . .1 ,.•'.» 

the Public Statutes is hereby amended by inserting after 
the words "attorney at law", in the eighteenth line 
thereof, the words ; — or a person, member of a firm, 
agency or association engaged in the business of collecting 
money. Approved May 1, 1901. 



CJiCip.34A An Act to extend the corporate powers 

■DrtT>r\r^nTX ■v\' a t?i?tt a ■vr A vr» rt'77 AT?n's rav sttjtt 



OF THE middle- 
borough, WAREHAM and buzzard's bay street railway COM- 
PANY. 

Be it enacted, etc., as folloros: 
Maj-^buiid and Section 1. The Middlcborough, Wareham and Buz- 
bridges, connect zard's Bay street Railway Company may build and main- 
therewTth%tc. tain bridgcs and connect its railway therewith and operate 
it thereon, over Nemasket river in the town of Middle- 
borough, over Tremont mill pond, over Agawam river, 
and over Swift's river at Point Independence, in the town 
of Wareham, and over Buttermilk bay between the towns 



Acts, 1901. — Chap. 345. 257 

of Wareham and Bourne, adjacent to the present highway 
bridges as now located and constructed : provided^ that Proviso, 
any bridge over Buttermilk bay shall cross the same 
northerly of the present highway bridge. 

Skction 2. Said company may carry fuel and supplies May act as a 
for its own use, and may act as a common carrier of ofTu^whandi't^c^ 
baggage and small parcels of merchandise upon its rail- ®"^' 
way and that of any company over which it may have 
trackage rights : lyrovided, hoivever, that said company provieos. 
shall not act as such common carrier in any city or town 
until authorized so to do by the board of aldermen or 
selectmen thereof ; ojiA provided, further^ that said com- 
pany shall in the carrying of such parcels of merchandise 
be subject to the provisions of chapter seventy-three of 
the Public Statutes and of all other laws relating to com- 
mon carriers; and shall also be subject, in any city or 
town, to such by-laws, ordinances and regulations, not 
inconsistent with said chapter and laws, as may from time 
to time be made by such city or town. 

Section 3. Said company may use in the operation of Motive power, 
its railway any approved system of motive power other 
than steam, and may, with the consent of the respective 
selectmen of the towns where it is authorized to operate 
its railway, make such underground and surface altera- 
tions of the streets and highways, and may erect such 
poles and wires therein, and may erect and maintain such 
poles and wires on private land, with the consent of the 
owners thereof, or on land leased or purchased by said 
company, as may be necessary or convenient to establish, 
maintain and transmit its motive power. 

Section 4. This act shall take effect upon its passage. 

Approved May i, 1901. 

An Act to authorize cities and towns to indemnify the com- QJi(xi).i^4:5 

MONWEALTH AGAINST DAMAGES SUSTAINED BY REASON OF THE 
CONSTRUCTION OF HIGHWAYS BY THE MASSACHUSETTS HIGHWAY 
COMMISSION. 

Be it enacted, etc. , as follows : 

Section 1. The mayor of a city or the selectmen of a cities and towns 
town, when so authorized by a vote of the board of alder- theV'ommon'/ 
men or of the town, may stipulate in writing in behalf damages^n "er- 
of the city or town to indemnify and save harmless the *"*" '='"'*^- 
Commonwealth against all claims and demands for dam- 



258 Acts, 1901. — Chap. 346. 

ages which may be sustained by any person whose prop- 
erty is taken for or is injured by the construction of any 
highway which the Massachusetts highway commission 
proposes to lay out and construct as a state road, and 
thereupon such town or city shall be liable ultimately for 
the amount of any verdict against the Commonwealth for 
such damages, and for costs, the amount thereof to be re- 
coverable by the Commonwealth in an action of contract. 
men?8°r''e1eases, Section 2. All agreements, releases or other writings 
etc., confirmed. |^y ^yhich hcrctofore the mayor of a city or the selectmen 
of a town have agreed, on behalf of such city or town, 
to release the Commonwealth from, or to indemnify it 
against, damages and costs, as stated in the previous 
section, are hereby ratified and confirmed, and such city 
or town shall be rendered liable thereby as provided in 
said section. 

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

Ajij^roved May i, 1901. 

Chcip.34iG An Act to authorize the Hampshire and avorcester street 

RAILWAY COMPANT TO ACT AS A COMMON CARRIER. 

Be it enacted, etc., as folloivs: 

common Carrier Section 1. The Hampshire and Worcester Street 
of baggage, etc. Railway Company is authorized to act as a common car- 
rier of parcels, freight and baggage in the town of Ware, 
and between Ware and Gilbertville in the town of Hard- 
wick, and may also carry the United States mail upon 
any street or higliAvay or over any private land upon 
Provisos. which it may be authorized to construct its tracks : jjro- 

vided, hoivever, that said company shall not so act in any 
town until authorized so to do by a two thirds vote of the 
voters of said town present and voting thereon at any 
annual or special meeting called for the purpose; and 
provided, further, that said company shall, in carrying 
parcels, freight and baggage, be subject to such by-laws 
and regulations as may from time to time be made by 
the towns wherein the same are carried, and as shall be 
approved by the board of railroad commissioners; 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. Said company is also 
authorized to use its tracks for the transportation of coal 
and fuel, and of all other supplies, materials and merchan- 



Acts, 1901. — Chap. 347. 259 

dise necessary or convenient for its use in the construction, 
maintenance and operation of its railway. 

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

Approved May 1, 1901. 



GhapMl 



An Act to extend the corporate powers of the iiaveriiill 
and andovek street railavay company. 

Be it enacted, etc., as follows : 

Section 1. The Haverhill and Andover Street Rail- J.I'd rndovel" 
way Company, upon obtainina: the ria-ht so to do from street uaii- 
the board oi aldermen oi a city or the selectmen of a may use certain 
town, in the manner provided for the granting* of loca- toinuig^etc.^us 
tions for the extension of its railway, may use for attach- TyV\.em, etl."^*^ 
ing and maintaining its overhead wire system in such 
city or town any poles, with the assent of the owners 
thereof, located in a street or highway in such city or 
town, and shall, subject to the terms of any agreement 
with the owner of the poles, have and enjoy the same 
rights and be subject to the same habilities in relation to 
such poles as pertain to poles erected by said company 
for its own use as a part of its railway, and said com- 
pany may from time to time grant rights to other persons 
and companies to attach to and maintain upon its poles 
any wires of such other persons and companies as are 
lawfully entitled to erect and maintain poles for their 
own purposes in the streets and highways of such city or 
town, and all such persons and companies are hereby 
authorized to make agreements with said company for 
the use of their poles by said company or of said com- 
pany's poles by them. 

Section 2. Said company may, for all purposes nee- May mannfact- 
essary or incident to the construction, maintenance and Jncity for^cer'- 
operation of an electric street railway, generate, manu- t^in purposes. 
facture, use and transmit-electricity in any city or town 
Avherein it now is or may hereafter be entitled to operate 
a street railway, and for that purpose may erect and 
maintain poles, trolley, feed and stay wires and other 
devices for conducting electricity in, over and under any 
streets, highways, bridges and town ways whereon it has 
been or may be authorized by the board of aldermen or 
selectmen to operate its railway, and upon and over any 
private land, with the consent of the owners thereof, and 
may sell to or purchase from any other street railway 



260 Acts, 1901. — Chap. 348. 

company, electricity for all purposes aforesaid ; but said 
company shall not generate, manufacture, use, transmit, 
purchase or sell electricity for light, heat or power, except 
for street railway purposes. 
wmmonTarrier Section 3. Said compauy may act as a common car- 
of^merchandise, j.jgj. ^f jjaggagc aud Small parccls of merchandise : j;>'o- 
Provisos. vided, howeve>\ that it 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 jn-ovided, 
farther^ that said company shall be subject to such by- 
laws and regulations 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 4. This act shall take effect upon its passage. 

Approved May i, 1901. 

QJian.'d4:S ^^ ^^^"^ "^^ extend the corporate POWERS OF THE LAWRENCE 
AND READING STREET RAILWAY COMPANY. 

Be it enacted, etc. , as folloivs : 

JndRe^i^r^ Section 1. The Lawrence and Reading Street Railway 
wirc^pany Compauy, upon obtaining the right so to do from the 
may use certain ])oard of aldcrmeu of a city or the selectmen of a town, 

poles for main- ^ . ' 

taining, etc., m the mauucr provided for the grant of locations for 
wire system, extcusions of its railway, may use for attaching and main- 
taining its overhead wire system in such city or town any 
poles, Avith the assent of the owners thereof, located in a 
street or highway of such city or town, and shall, subject 
to the terms of any agreement with the owners of the 
poles, have and enjoy the same rights and be subject to 
the same liabilities in relation to such poles as pertain to 
poles erected and maintained by said company for its own 
use as a part of its railway ; and said company may from 
time to time grant rights to other persons and companies 
to attach to and maintain upon its poles any wires of such 
other persons and companies as are lawfully entitled to 
erect and maintain poles for their own purposes in the 
streets and highways of such city or town, and all such 
persons and companies are hereby authorized to make 
agreements with said company for the use of their poles 
by said company or of said company's poles by them; 
and any attachments to poles of other persons heretofore 
made by said company and by such other persons to 



etc 



Acts, 1901. — Chap. 349. 261 

poles of said company with its consent are, subject to the 
terms of any agreements with the owners thereof, hereby 
ratified and confirmed. 

Section 2, Said company may, for all purposes nee- Maymanufact- 
essary or incident to the construction, maintenance and tncity for^'itr". 
operation of an electric street railway, generate, manu- ^^1° purposes. 
facture, use and transmit electricity in any city or town 
wherein it is now or may hereafter be entitled to operate 
a street railway, and for that purpose may erect and 
maintain poles, trolley, feed and stay wires and other 
devices for conducting electricity in, over and under any 
streets, highways, bridges and town ways in any city or 
town wherein it has been or may be authorized by the 
board of aldermen or selectmen to operate its railway, and 
upon and over any private land, with the consent of the 
owners thereof, and may sell to or purchase from any 
other street railway company incorporated under the 
laws of this Commonwealth, electricity for all purposes 
aforesaid ; but said company shall not generate, manu- 
facture, use, transmit, purchase or sell electricity for 
light, heat or power, except for street railway pur]:)oses. 

Section 3. Said company may act as a common car- May act as a 
rier of baggage and small parcels of merchandise : 2^^^o- Ti^v^vc-h^^dltl, 
vided, however, that said company shall not so act in any p°- . 
city or town until authorized so to do by the board of 
aldermen of the city or the selectmen of the town ; and 
provided, furtJier, that said company shall be subject to 
such by-laws and regulations 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 4. This act shall take effect upon its passage. 

Approved May 1, 1901. 



ChapM^ 



An Act to authorize the town of Williamsburg to supply 

ITSELF with water. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Williamsburg may supply Town of wn- 
itself and its inhabitants with water for the extinguish- suppiy^itee^''^ 
ment of fires and for domestic and other purposes ; may '"'**^ y^^^^r, etc. 
establish fountains and hydrants and locate or discontinue 
the same; and may regulate the use of such water and 
fix and collect rates to be paid for the use of the same. 



262 



Acts, 1901. — Chap. 349. 



May take cer- 
tain waters, 
landa, etc. 



May erect 
structures, lay 
pipes, etc. 



Description of 
lands, etc., to 
be recorded. 



Damages. 



Section 2. Said town, for the purposes aforesaid, 
may take, by purchase or otherwise, and hold the waters 
of the east branch, and all its tributaries, of Mill river, 
in said town of Williamsburg, and the waters which flow 
into and from the same, together with any water rights 
connected therewith, and also all lands, rights of way 
and easements necessary for holding, storing and preserv- 
ing such water and for conveying the same to any part 
of the said town, and for constructing and maintaining 
ponds ; and may erect on the land thus taken, purchased 
or held, proper dams, buildings, fixtures and other struct- 
ures, and may make excavations, procure and operate 
machinery, and provide such other means and appliances 
as may be necessary for the establishment and mainte- 
nance of complete and effective water works ; and may 
construct and lay conduits, pipes and other works, under 
and over any land, water courses, railroads or pubhc or 
private ways, and along any such ways in such manner 
as not unnecessarily to obstruct the same ; and for the 
purpose of constructing, maintaining and repairing such 
conduits, pipes and other works, and for all proper pur- 
poses of this act, said town may dig up such lands, and, 
under the direction of the board of selectmen of the towns 
in which any such ways are situated, may enter upon and 
dig up any such ways in such manner as will cause the 
least hindrance to public travel. 

Section 3. Said town shall within ninety days after 
the taking of any land, rights of way, water rights, water 
sources or easements as aforesaid, otherwise than by pur- 
chase, file and cause to be recorded in the registry of 
deeds for the county within which such lands or other 
property are situated, a description thereof sufficiently 
accurate for identification, with a statement of the pur- 
poses for which the same were taken and the damages 
awarded therefor to any person or corporation, signed 
by the water commissioners hereinafter provided for. 

Section 4. Said town shall pay all damages to prop- 
erty sustained by any person or corporation by the taking 
of any land, right of way, water, water source, water 
right or easement, or by any other thing done by the 
town under the authority of this act. Any person or cor- 
poration sustaining damages as aforesaid, who fails to 
agree with the town as to the amount of damages sus- 
tained, or who is aggrieved by the doings of the com- 



Acts, 1901. — Chap. 349. 263 

mission, may have the damages assessed and determined 
in the manner provided for by law when land is taken for 
the laying out of highways, on application at any time 
within the period of three years from the taking of such 
land or other property or the doing of other injury under 
the authority of this act ; but no such application shall be 
made after the expiration of said three years. No appli- 
cation for assessment of damages shall be made for the 
taking of any water, water rights, or for any injury 
thereto, until the water is actually withdrawn or diverted 
by the town under the authority of this act. 

Section 5. Said town may, for the purpose of paying Wiuinmsburg 
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 forty thousand 
dollars. Such bonds, notes or scrip shall bear on the 
face thereof the words, Williamsburg Water Loan, shall 
be payable at the expiration of periods not exceeding 
thirty years from the dates 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 
may sell such securities at public or private sale, or pledge 
the same for money borrowed for the purposes of this 
act, and upon such terms and conditions as it may deem 
proper. The town shall pay the interest on the loan as sinking fund, 
it accrues, and shall provide at the time of contracting the ^^°" 
loan for the establishment of a sinking fund, and shall 
annually contribute to such fund a sum sufficient with the 
accumulations thereof to pay the principal of the loan at 
maturity. The sinking fund shall remain inviolate and 
pledged to the payment of said loan and shall be used for 
no other purpose. 

Section 6. Said town instead of establishing a sink- May provide for 
ing fund may at the tune of authorizing said loan provide ments on ioan. 
for the payment thereof in such annual proportionate 
payments as will extinguish the same within the time 
prescribed in this act; and when such vote has been 
passed the amount required thereby shall without further 
vote be assessed by the assessors of the town in each year 
thereafter until the debt incurred by the town shall be 
extinguished, in the same manner as other taxes are 
assessed under the provisions of section thirty-four of 
chapter eleven of the Public Statutes. 



264 Acts, 1901. — Chap. 349. 

?e°rtlta*rum'by" Section 7. The saicl town shall raise annually by tax- 
Innu^iiiy ation a sum which with the income derived from water 

rates will be sufficient to pay the expenses of operating 
its water-works and the interest as it accrues on the bonds, 
notes or scrip issued as aforesaid by the town, and to 
make such contributions to the sinking fund and payments 
on the principal as may be required under the provisions 
of this act. 
chaTeiSerest"'" Section 8. The said towu may contract with any 
ertj^''etc° ^'°^' person or corporation, and may purchase any interest in 
any property which may be deemed necessary to carry 
out the provisions of this act, and may hold such interest 
and property, 
rupfionor ^'^^' Section 9. Whoever wilfully or wantonly corrupts, 
property, etc. poUutcs or iu jures any structure, works or other prop- 
erty owned, held or used by the town under the author- 
ity of this act, shall forfeit and pay to said town three 
times the amount of damages assessed therefor, to be re- 
covered by an action of tort ; and whoever is convicted 
of any of the said wilful or wanton acts shall be punished 
by a fine of five hundred dollars or by imprisonment for 
a term not exceeding two years, or by both such fine and 
imprisonment, 
s^nersl'eie^'*" Section 10. The Said towu shall after its acceptance 
tion, termB, etc. ^f |-}-^jg ^^^^^ j^j- j^j^y legal meeting called for the purpose 

elect by ballot three persons, legal voters of the town, 
to be the board of water commissioners, to serve, one 
for three years, one for two years and one for one year 
from the first day of May then next ensuing, and also 
from the time of their election to the first day of said 
May ; and thereafter the town shall annually elect in the 
manner hereinafter described one person to serve on said 
board for the term of three years. Before entering upon 
their duties said commissioners shall be sworn to the 
faithful performance thereof. All of the commissioners 
shall serve until their successors are elected and qualified. 
All the authority granted to the town by this act and not 
otherwise especially provided for shall be vested in said 
board of water commissioners, who shall be subject how- 
ever to such instructions, rules and regulations as the 
town may from tune to tune impose by its vote, within 
Vacancy, etc. ^|^g scope of its authority. Any vacancy occurring in 
said board from any cause may be filled temporarily 
by a majority vote of the selectmen of the town. The 



Acts, 1901. — Chap. 350. 265 

person so appointed shall hold the ofRce until the town 
fills the vacancy by ballot in the usual manner, which 
it may do at any annual town meeting, or at any special 
town meeting duly warned for the purpose. A majority 
of the commissioners shall constitute a quorum for the 
transaction of business. 

Section 11. Said commission shall have charge of the contracts, etc. 
whole system of water-works in the town and all matters 
pertaining thereto; but no contract requiring the pay- 
ment of money shall be made by said commissioners until 
the money therefor has been provided by the town or 
otherwise. The lawful contracts of the commissioners 
shall be the contracts of the town. 

Section 12. This act shall take effect upon its accept- ^g^°*°**^® 
ance by a two thirds vote of the voters of said town 
present and voting thereon by ballot, as provided by law, 
at a legal town meeting called for the purpose within 
five years from its passage ; but the number of meetings 
so called in any one year shall not exceed three. 

Ap2)roved May 1, 1901. 

An Act to extend the corporate powers of the Georgetown, CJfin't') 350 

ROWLEY AND IPSM^ICH STREET RAILAVAY COMPANY. 

Be it enacted, etc., asfoHotvs: 

Section 1. The Georgetown, Eowley and Ipswich The George- 

. o ' i' 1 town, Rowley 

Street Kailway Company, upon obtammg the right so to andipswich 
do from the board of aldermen of a city or the selectmen W company 
of a town, in the manner provided for the granting of po'iesTo^r main" 
locations for the extension of its railway, may use for he^d^wire °''^'^' 
attaching and maintaining its overhead wire system in system, etc. 
such city or town any poles with the assent of the owners 
thereof, located in a street or highway in such city or 
town, and shall, subject to the terms of any agreement 
with the owner of the poles, have and enjoy the same 
rights and be sul)ject to the same habihties in relation to 
such poles as pertain to poles erected by said company 
for its own use as a part of its railway ; and said com- 
pany may from time to time grant rights to other persons 
and companies to attach to and maintain upon its ])oles 
any wires of such other persons and companies as are 
lawfully entitled to erect and maintain poles for their 
own purposes in the streets and highways of such city 
or town ; and all such persons and companies are hereby 



266 



Acts, 1901. — Chap. 351. 



May mannfact- 
■are, etc., elec- 
tricity for cer- 
tain purposes. 



authorized to make agreements with said company for 
the use of their poles by said company or of said com- 
pany's poles by them. 

Section 2. Said company may, for all purposes nec- 
essary or incident to the construction, maintenance and 
operation of an electric street railway, generate, manu- 
facture, use and transmit electricity in any city or town 
where it is now or may hereafter be entitled to operate a 
street railway, and for that purpose may erect and main- 
tain poles, trolley, feed and stay wires and other devices 
for conducting electricity in, over and under any streets, 
highways, bridges and town ways wherein it has been or 
may be authorized by the board of aldermen or selectmen 
to operate its railway, and upon and over any private 
land, with the consent of the owners thereof, and may 
sell to or purchase from any other street railway com- 
pany incorporated under the laws of this Commonwealth 
or of the state of New Hampshire, electricity for all the 
purposes aforesaid ; but said company shall not generate, 
manufacture, use, transmit, purchase or sell electricity 
for light, heat or power, except for street railway pur- 
poses. 

Section 3. The said company may act as a common 
"[^"^erchaudise, carrier of baggage and small parcels of merchandise : 
jjwvided^ hoivevei-, that it 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 2)rovided, 
further, that it shall be subject to such by-laws and regu- 
lations 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 4. This act shall take effect upon its passage. 

Approved May 2, 1901. 



May act as a 
common carrier 



etc. 
Provisos. 



ChaV.35\ ^^ -'^CT TO authorize the TREASURER AND RECEIVER GENERAL OF 
THE COMMONWEALTH TO RECEIVE AND HOLD MONEYS DEVOTED 
TO THE PERPETUAL CARE AND MAINTENANCE OF ANY CEMETERY 
IN THE COMMONWEALTH NOT OAATSED BY A CORPORATION, OR OF 
ANY LOTS THEREIN. 

Be it enacted, etc. , as follows : 

MdrecefvM^"^ Section 1. Tlic trcasurcr and receiver general of the 
general may Commouwealth is hereby authorized to receive from any 



Acts, 1901. — Chap. 352. 2G7 

person any sum or sums of money which have been or receive moneys 

ini 1 !• ... ,. IT for certain 

shall be declared by instruments m writing to be mtended purposes. 
for the perpetual care, maintenance, improvement or em- 
bellishment of any cemetery in the Commonwealth not 
owned by a corporation, or of any lots or plots therein. 

Section 2. The treasurer and receiver general shall p[f,*p™e"fo?^ 
receive and receipt in the name of the Commonwealth i^.l'ende^to^fc'* 
for all moneys paid to him for any of the purj^oses speci- fi'cd, etc. 
tied in section one, and the person making such payment 
shall at the time of making the same deliver to said 
treasurer a copy of the written instrument declaring the 
purpose for which the money so paid is intended, and 
such person shall also file a copy of said written instru- 
ment in the olfice of the secretary of the Commonwealth. 

Section 3. The said treasurer shall from time to time investinent of 
invest in the name of the Commonwealth, in bonds or Sentoflu^terest, 
other obligations of the Commonwealth, or in securities ^^' 
in which the treasurer is authorized to invest moneys in 
behalf of the Commonwealth, all moneys paid to him 
under the provisions of this act ; and on the first days of 
February and August of each year he shall pay over to 
the treasurer of any unincorporated association owning 
any cemetery, for the care, maintenance or improvement 
of which, or of any lot therein, any moneys have been 
paid to him, the accrued interest of such moneys; but 
if such cemetery is not owned by any association then 
the accrued interest shall be paid to the city or town in 
which the cemetery is located. 

Section 4. At the time of paying the accrued interest Person to whom 
the treasurer and receiver general shall inform the per- made to be in. 
son to whom the payment is made of the purpose to pOT^towWch" 
which the money is to be applied, as stated in the writ- ^plfedretc.'"" 
ten instrument filed with the treasurer, and it shall be 
the duty of the person to whom such payment is made 
to apply the money to the purpose stated by the treas- 
urer of the Commonwealth. Approved May 1, 1901. 

Ax Act to authorize the worcesteu and blackstone valley z^/,^^^ S'tI^ 
street railway company to act as a common cakriek of ^ 

baggage and of small parcels of merchandise. 

Be it enacted, etc., as folloivs: 

Section 1. The Worcester and Blackstone Valley May act as 
Street Railway Company is hereby authorized to act as of'm'^^c'handise^ 



268 



Acts, 1901. — Chap. 353. 



a common carrier of baggage and small parcels of goods, 
merchandise and farm produce upon its tracks in the 
city of Worcester and in the towns of Millbury, Sutton, 
Grafton and Northbridge, and upon any other tracks 
over which it has trackage rights : provided, that said 
company shall in so acting in the said city, or in any of 
the said towns, be subject to such by-laws, ordinances 
and regulations as may from time to time be made by 
the said city or towns, respectively ; 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 i, 1901. 



(7Att'I).353 -^^ -'^CT TO AUTHORIZE THE CITY OF SALEM TO ALTER AND EXTEND 

ITS SYSTEM OF SEWAGE DISPOSAL. 



The city of 
Salem may alter 
and extend its 
system of sew- 
age disposal. 



Proviso. 



May carry its 
sewers, etc., 
under streets, 
etc. 



Be it enacted, etc., as follows: 

Section 1. The city of Salem may, for the purpose 
of removing or purifying the sewage thereof, make such 
modifications in its present system of sewers, and con- 
struct, maintain and use such additional system of sew- 
ers and sewage disposal, which may include a pumping 
station, one or more trunk sewers, and other works essen- 
tial to the proper treatment of said sewage, or to the 
proper and convenient discharge of the same at some 
point in Salem harbor, as it may deem necessary ; and 
may, for said purposes, take by purchase or otherwise 
any lands, water rights, rights of way or easements in 
said city deemed necessary tlierefor : provided, however, 
that no sewers or other works shall be constructed under 
the authority of this act until plans thereof have been 
approved by the state board of health, after due notice 
by said board of the presentation of such plans to it for 
approval, by pubHcation of such notice, with the time and 
place for a hearing thereon, in such paper or papers and at 
such time or times as the board may deem proper ; and 
the board after the hearing may reject or approve such 
plans, or may modify and amend the same, and approve 
them as so modified and amended. 

Section 2. The said city may, for the purposes of this 
act, carry its sewers, pipes and conduits under any street, 
railroad, highway or other way in the city, in such a 



Acts, 1901.— Chap. 353. 269 

manner as not unnecessarily to obstruct the same, and 
may do any other thing necessary or proper for the pur- 
poses aforesaid. 

Section 3. The said city, when it takes any lands, Deecnptionof 

, • ^ 2. • ^ 1. c i J.^ i lands, etc., to 

water rights, rights or way, easements or other real be recorded, 
estate under the authority of this act, in any manner 
other than by purchase, shall, within ninety days there- 
after, cause to be recorded in the registry of deeds for 
the county and district in Avhich the same are situated a 
description of the same as certain as is required in a com- 
mon conveyance of land, with a statement that the same 
are taken under the authority of this act, signed by the 
mayor; and upon such recording the title of the lands, 
water rights, rights of way, easements and other real 
estate so described shall vest in the city. 

Section 4. The city shall pay all damages sustained Damages, 
by any person in his property by reason of any such 
taking or by any other thing done by it under the 
authority of this act, and if such person and the city fail 
to agree as to the amount of damages sustained the 
damages shall be assessed and determined by a jury of 
the superior court, in the manner provided by law in the 
case of land taken for highways, on petition therefor by 
such person, filed in the office of the clerk of courts for 
the county of Essex at any time within the period of two 
years from the taking of such land or other property or 
the doing of such other injury. 

Section 5. The city in every case of a petition for a city may offer 

(. .. 'fY>''-i ii j-a specified sum 

jury as aforesaid may offer m said court and consent in as damages, 
writing that a sum therein specified shall be awarded as *''''■ 
damages to the complainant, and if the complainant shall 
not accept the sum so offered, within ten days after he 
has received notice of the offer, and shall not finally 
recover a greater sum than the amount so offered, not in- 
cluding interest, the city shall be entitled to recover its 
costs after the date of the offer, and the complainant if he 
recovers damages shall be allowed his costs only to the 
date of the offer. 

Section 6. The city shall, in respect to all work done to be subject to 
and structures built in tide water below high water mark, ^' ^' ^^' ^**'* 
under the authority of this act, be sul:)ject to the provi- 
sions of chapter nineteen of the Pul)lic Statutes and of all 
acts in amendment thereof, so far as the same are appli- 
cal)le to the subject-matter of this act. 



270 Acts, 1901. — Chap. 354. 

Syfetc'.to Section 7. Whoever wilfully or maliciously destroys 
injs^etc''''"'*' ^^ injures any sewer, building, structiu-e, work or other 
property owned, held or used by said city under the 
authority and for the purposes of this act, shall forfeit 
and pay to the city three times the amount of damages 
assessed therefor, to be recovered in any proper action; 
and upon conviction of either of the above wilful or 
malicious acts shall be punished by a fine not exceeding 
one thousand dollars or by imprisonment in the house of 
correction for a term not exceeding one year, or by both 
such fine and imprisonment. 
Bewefage L'<ran, Section 8. Thc city of Salem, for the purpose of de- 
Act of 1901. fraying the costs and expenses incident to the acts hereby 
authorized, may issue from time to time negotiable bonds, 
notes or scrip, to an amount not exceeding four hundred 
thousand dollars. Such bonds, notes or scrip shall be 
signed by the treasurer of the city and l^e countersigned 
by the mayor, and shall be denominated on the face 
thereof. City of Salem Sewerage Loan, Act of 1901, shall 
be payable at the expiration of periods not exceeding 
forty years from the dates of issue, shall bear interest at 
a rate not exceeding four per cent per annum, and shall 
not be reckoned in determining' the leo;al Hmit of indebted- 
ness of the city. The city may sell said securities at 
public or private sale for not less than the par value 
thereof, and may make payable annually a fixed proportion 
of the principal of said bonds, notes or scrip; and the 
city shall raise annually by taxation the amount required 
to meet such interest and the proportion of the principal 
payable annually. The sinking funds of any loans of the 
city may be invested in said bonds, notes or scrip, 
effect" ° *^ Section 9. This act shall take effect upon its accept- 
ance by the city council of the city of Salem. 

Approved May i, 1901. 

Chcip.354: An Act to authorize the city of fitchbukg to establish a 

SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc. , as follows : 

Fitchbur ma SectionI. The city of Fltchburg is hereby authoHzed 
construct, etc., to coustruct, maintain and operate main drains and com- 
Bewlge'dis- mon sewers for a part or the whole of its territory, and 
^°^**" also a system of sewage disposal for said city ; and for 

the purposes aforesaid the city may take, by purchase 



Acts, 1901. — Chap. 354. 271 

or otherwise, any lands, water rights, water privileges, 
rights of way or easements in said city, or in the town 
of Lunenburg, necessary for the establishment of such 
system. 

Section 2. The city of Fitchburg, for the purpose of May take land 
subdrammg said sewerage plant and system, may take, 
by purchase or otherwise, two several strips of land in 
the town of Leominster, neither of which shall exceed 
forty feet in width, extending from the boundary line 
between Fitchburg and Leominster, and running there- 
from to Balvcr's brook, so-called : provided, however, that Provisos. 
said strips shall be at least one hundred and fifty feet 
from Fallulah road, otherwise called Crawford street; 
and provided, further, that the city of Fitchburg shall 
have the right to drain the effluent from its sewage beds 
into said Baker's brook and therefrom into the Nashua 
river, under such limitations and restrictions as the state 
board of health may prescribe. 

Section 3. When any lands, water rights or water Description of 

• •! • ^ i_ £ j_ J. 1 • lands, etc., to 

privileges, rights of way or easements are so taken, m be recorded. 
any manner other than by purchase, the city shall, within 
sixty days after such taking, file in the Worcester northern 
district registry of deeds, and cause to be recorded therein, 
a description of the same, as certain as is required in a 
common conveyance of land, with a statement of the 
purpose for which the same are taken, and thereupon 
the water rights, water privileges, rights of way, ease- 
ments, and the fee of land so taken, shall vest in said 
city. The city of Fitchburg shall pay such damages as Damages. 
the owner or owners of lands, rights, privileges or ease- 
ments so taken shall sustain by reason of such taking, and 
any such owner who fails to agree with the city as to the 
amount of damages sustained may have the damages 
assessed and determined by a jury, on petition to the 
superior court for the county of Worcester, filed at any 
time within three years from the taking of such lands, 
rights, privileges or easements. 

Section 4. Said city is hereby authorized, for the Fitchburg 
purposes aforesaid, to issue from time to time, notes, Act o?rjo^°*°' 
bonds or scrip, beyond the limit of indebtedness fixed 
by law, to an amount not exceeding five hundred thousand 
dollars. Such notes, l)onds or scrip shall be denominated 
on the face thereof, Fitchburg Sewerage Loan, Act of 
1901, shall bear interest at a rate not exceeding five per 



272 Acts, 11)01. — Chaps. 355, 356. 

cent per annum, payable semi-annually, and the principal 
shall be payable at periods of not more than thirty years 
from the dates of issue of such bonds, notes or scrip, 
respectively. 
sJwerage! etc., Section 5. No scwers or other works shall be con- 
ify'ste'te^Joarf structed under the authority of this act until said system 
of health. of scwcragc and sewage disposal has been approved by 

the state board of health, after due notice by said board 
of the presentation to it of such system for its approval, 
by a publication of such notice, with the time and place 
for a hearing thereon, in such paper or papers and at 
such time or times as said board may deem proper ; and 
said board after such hearing may reject such system, 
may approve it, or may modify and amend the same, 
and approve it as so modified and amended. 

Section 6. This act shall take effect upon its passage. 

Approved May i, 1901. 

ChCl7).355 ^^ -^^^ "^^ AUTHORIZE THE HAVERHILL AND SOUTHERN NEW HAMP- 
SmRE STREET RAILWAY COMPANY TO LEASE ITS RAILWAY AND 
PROPERTY TO THE HUDSON, PELHAM AND SALEM ELECTRIC RAIL- 
WAY COMPANT. 

Be it enacted, etc. , as foUoivs : 

SayTe^iefBed. Section 1. The Havcrhill and Southern New Hamp- 
shire Street Railway Company may lease its railway and 
property to the Hudson, Pelham and Salem Electric Rail- 
way Company for a period not exceeding ninety-nine 
years, and the Hudson, Pelham and Salem Electric Rail- 
way Company may, after the execution of such lease, 
operate the said railway as a part of its system. Any 
lease made by virtue of this act shall be subject to the 
approval of the board of railroad commissioners. 

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

Approved 3Iay 5, 1901. 

ChCtp.35Q ^^ ^'^'^ "^^ AUTHORIZE THE LAWRENCE AND METHUEN STREET RAIL- 
WAY COMPANY TO LEASE ITS RAILAVAY AND PROPERTY TO THE 
HUDSON, PELHAM AND SALEM ELECTRIC RAILWAY COMPANY. 

Be it enacted, etc., asfolloivs: 

mS'be^ieaBed. Section 1. The Lawrcncc and Methuen Street Railway 
Company may lease its railway and property to the Hud- 
son, Pelham and Salem Electric Railway Company for a 
period not exceeding ninety-nine years, and the Hudson, 



Acts, 1901. — Chaps. 357, 358. 273 

Pelham and Salem Electric Railway Company may, after 
the execution of such lease, operate the said railway as a 
part of its system. Any lease made by virtue of this act 
shall be subject to the approval of the board of railroad 
commissioners. 

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

A2)proved May 5, 1901. 

An Act to authorize the amesbury axd hamptox street rail- rfjff-.j^ 'xrjj 

WAY COMPANY TO ACT AS A COMMON CARRIER OF BAGGAGE AND -'- 

SMALL PARCELS OK MERCHANDISE. 

Be it enacted., etc., as follows : 

Section 1. The Amesbury and Hampton Street Rail- May act as a 

^ , i common earner 

way Company is hereby authorized to transport passen- of merchandise, 
gers and their baggage, and to act as a common carrier 
of small parcels of goods and merchandise, upon any street 
or highway or over any private land upon which it may 
be authorized to construct its tracks : provided.^ Jioivevei\ Provisos. 
that said company shall not so act in any town until 
authorized so to do by the selectmen of that town ; and 
provided., farther, 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 the 
towns in which it operates ; 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 3, 1901. 

An Act relative to the imprisonment at the state prison of f^Jinri S'^ft 

PERSONS sentenced BY THE UNITED STATES COURTS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and ^-^-rl'^^' 

• ! 1 111 amended. 

twenty-one of the Public Statutes is hereby amended by 
striking out in the first line, the words ' ' Concord in the 
county of Middlesex ' ' , and inserting in place thereof the 
words : — Boston in the county of Suffolk, — by striking 
out after the words "United States", in the sixth hne, 
the words "held within the district of Massachusetts", 
and by inserting after the word "labor", in the eighth 
line, the words : — provided, that offenders so convicted 
and sentenced before any court of the United States need 
not be received in said prison unless the United States 



274: 



Acts, 1901. — Chap. 359. 



Purposes for 
■which state 
prisou may be 
used. 



shall pay all expenses incurred by the Commonwealth in 
maintaining such offenders in said prison, — so as to read 
as follows : — Section 1. The state prison in Boston in 
the county of Suffolk shall be the general penitentiary and 
prison of the Commonwealth for the reformation as well 
as punishment of male offenders ; in which shall be seciu-ely 
confined, employed in hard labor, and governed in the 
manner hereinafter directed, all offenders convicted before 
any court of this state or of the United States, and sen- 
tenced according to law to the punishment of solitary 
imprisonment and confinement therein at hard labor: 
jprovided^ that offenders so convicted and sentenced before 
any court of the United States need not be received in 
said prison unless the United States shall pay all expenses 
incurred by the Commonwealth in maintaining such 
offenders in said prison. 

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

Approved May 5, 1901. 



C7lClp.35Q An Act to pkovidk fok a keform school fok the city of 

BOSTON. 



Provieo. 



Suffolk School 
for Boys. 



Trustees for 
children of 
Boston may 
purchase laud, 
etc., for a 
reform school, 
etc. 



Be it enacted^ etc. , a.<? follows : 

Section 1. The house of employment and reformation 
for juvenile offenders established in the city of Boston 
shall hereafter be known and designated as the Suffolk 
School for Boys; and all acts and parts of acts relating 
to said house shaU apply to the Suffolk School for Boys. 

Section 2, The trustees for children of the city of 
Boston may purchase land within or without the county 
of Suffolk, construct buildings thereon, and furnish the 
same, for a reform school, and when the mayor of the 
city shall notify the board of aldermen that such build- 
ings are ready for occupation they shall constitute a 
reform school under the name of the Suffolk School for 
Boys, and minors under the age of fifteen years may be 
committed thereto and held therein in accordance with 
the provisions of law relative to the said house of employ- 
ment and reformation for juvenile offenders, and minors 
held in any reform school known as the Suffolk school for 
boys or the house of employment and reformation for 
juvenile offenders established in the city of Boston shall 
be transferred to said new reform school and held therein 
during the remainder of the term for which they were 
sentenced, as in the place to which they were committed, 



Acts, 1901. — Chap. 360. 275 

and the buildings used as a reform school at the time of 
their commitment shall no longer be used as such. 

Section 3. To pay the expenses incurred under this city may issue 
act the city treasurer of the city of Boston shall issue 
bonds of the city to an amount not exceeding three hun- 
dred thousand dollars. 

Section 4. This act shall take effect upon its accept- ggg^t" *" ^"^^ 
ance by a two thirds vote of the city council of the city 
of Boston. Approved May o, 1901. 



ChapMQ 



An Act relative to the sealing of glass bottles ok jaks usel> 
by milkmen. 

Be it enacted, etc., as follows: 

Section 1. Glass bottles or jars used for the distribu- Glass hottiesor 
tion of milk or cream to consumers, that hold, when filled miiVmen ti^be 
to a level with the bottom of the cap or stopple, not less ^*'''^^' 
than seven ounces and six drams and not over eiffht 
ounces and two drams ; not less than fifteen ounces and 
five drams and not over sixteen ounces and four drams ; 
not less than thirty-one ounces and four drams and not 
over thirty-two ounces and four drams; not less than 
forty -seven ounces and three drams and not over forty- 
eight ounces and five drams; not less than sixty-three 
ounces and two drams and not over sixty-four ounces 
and six drams, shall be sealed as measures under the 
provisions of chapter three hundred and sixty-nine of the 
acts of the year nineteen hundred, and of chapter sixty- 
five of the Public Statutes; and all dealers in milk or 
cream who use glass bottles or jars for the distribution 
of milk or cream to consumers shall bring in such bottles 
or jars to the office of the sealer of weights and measures 
in their respective cities and towns, to be sealed as afore- 
said, and no fee shall in any case be charged or received 
for sealing the same. When a bottle or jar has once 
been sealed by the sealer of weights and measures it shall 
not in any case be necessary to have it sealed again at 
any time while it is used for the distribution of milk or 
cream to consumers. Glass l)ottles or jars sealed under 
the provisions of this act shall not be legal measures 
except for the distribution of milk or cream to consumers. 

Section 2. AU acts and parts of acts inconsistent RepeaL 
herewith are hereby repealed. 

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

Approved May 5, 1901. 



276 



Acts, 1901. — Chap. 361. 



The Plymouth 
County Rail- 
road Company 
may extend its 
road. 



May acquire, 
etc., real estate 
for pleasure 
resorts, etc. 



Ghan.SGl -^^ -^^X to authorize the PLYMOUTH COUNTY RAILROAD COMPANY 
TO EXTEND ITS LINE, TO ACQUIRE LAND FOR PLEASURE RESORTS 
AND TO ISSUE STOCK AND BONDS. 

Be it enacted, etc., asfoUoivs: 

Section 1. The Plymouth County Railroad Company 
may extend its road under the provisions of chapter 
one hundred and fifty- one of the acts of the year eight- 
een hundred and ninety-two and of acts in amendment 
thereof into the town of Duxbury to a point near the 
Gurnet, so-called, as a terminus : provided, that said 
company shall within one year from the passage of this 
act construct that part of its road beginning at the 
Marshfield line and extending to the Hummock, in the 
town of Duxbury. 

Section 2. The said railroad company may acquire, 
hold, equip and maintain real estate to be used for 
pleasure resorts. Admission to such pleasure resorts 
shall be subject to such restrictions as may be proposed 
by the selectmen of the towns in which they are situ- 
ated; and the said company shall not sell intoxicating 
liquors nor allow the same to be sold on the premises. 

Section 3. The said railroad company may issue its 
stock, under the provisions of said chapter one hundred 
and fifty-one, in amounts not exceeding ten thousand 
dollars for each mile of track constructed and ready for 
operation, as soon as not less than four miles of said 
track are constructed and ready for operation. 

Section 4. Section seven of said chapter one hundred 
and fifty-one is hereby amended by inserting after the 
Avord " operation ", in the tenth line, the words : — and 
said bonds may be issued at said rate per mile as soon as 
not less than four miles of said track are actually con- 
structed and ready for operation. 

Section 5. If the said company shall, before the sixth 
day of April in the year nineteen hundred and two, com- 
plete any section of its road or of any extension thereof, 
not less than ten miles in continuous length, so that it 
shall be ready for operation, it shall be deemed a com- 
pliance with the provisions of section eight of said 
chapter one hundred and fifty-one, as amended by chap- 
ter two hundred and fifteen of the acts of the year 
eighteen hundred and ninety-seven, and by chapter one 



May issue stock. 



1892, 151, § 7, 
amended. 



Portion of road 
to be completed 
before April 6, 
1902. 



Acts, 1901. — Chaps. 362, 3G3, 3(51. 277 

hundred and eighty-one of the acts of the year eighteen 
hundred and ninety-nine. 

Section 6. This act shall take effect upon its passage. 

Ajyjoroved May 5, 1901. 

An Act to establish the salary of the clerk of the fhjst nij^.q-. QriO 

DISTRICT COURT OF UIUSTOL. ^ 

Be it enacted^ etc. , as folloivs : 

Section 1. The salary of the clerk of the first dis- cieikofnrst 
trict court of Bristol shall be thirteen hundred dollars a Kot'"'"'"'^ 
year, to be so allowed from the first day of July in the 
year nineteen hundred and one. 

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

Approved May 3, 1901. 



Chcip.363 



An Act making an appropriation for the Massachusetts state 
sanatorium. 

Be it enacted, etc., as folloivs: 

Section 1. The sum of sixty thousand dollars is Massachusetts 
hereby appropriated, to be paid out of the treasury of to^iu^'!'"'" 
the Commonwealth from the ordinary revenue, for the 
care and maintenance of patients at the Massachusetts 
state sanatorium during the year ending on the thirty- 
first day of December, nineteen hundred and one. 

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

Approved May 3, 1901. 



Cha27M4: 



An Act to establish a board of prison commissioners, and to 
regulate the appointment of officers of the state prison 
and reformatories. 

Be it enacted, etc., as follmus: 

Seotion 1. The governor, with the advice and con- Board of Prison 
sent of the council, shall appoint five persons, two of app^l^tmlm!"' 
whom shall be women, who shall constitute a Board of **'=• 
Prison Commissioners, and whose terms of office shall be 
so arranged and designated at the time of appointment 
that the term of one commissioner shall expire on the 
first Wednesday of July in each of the five years follow- 
ing the present year ; and in eacJi year hereafter the gov- 
ernor shall in like manner appoint one commissioner for 
a term of five years from the first Wednesday of July in 



278 



Acts, 1901. — Chap. 364. 



Chairman, etc. 



Offices of com- 
missioners of 
prisons and 
general super- 
intendent of 
prisons 
abolished, etc. 



Certain officers 
to continue to 
hold their 
offices, etc. 

Vacancies, etc. 



Repeal. 



the year of his appointment. A vacancy in tlie board 
shall be filled in the same manner for the unexpired 
term. Any member of the board may be removed by 
the governor with the consent of the council. The gov- 
ernor shall designate as chairman of the board one mem- 
ber who shall receive a salary of four thousand dollars 
per annum. The other members shall not receive any 
compensation, but the actual personal expenses of each 
member, including the chairman, while engaged in official 
duties, shall be allowed and paid. 

Section 2. The offices of commissioners of prisons, 
and general superintendent of prisons, are hereby abol- 
ished; and all the powers and duties now possessed by 
and devolving upon said commissioners and general su- 
perintendent are hereby conferred and imposed upon 
said board of prison commissioners. The said board may 
delegate to the chairman an}'^ of its powers and duties, 
except the authority to release and transfer prisoners. 
The unexpended balances of the appropriations of the 
current year for the salaries and expenses of the offices 
hereby abolished shall be transferred to the said board ; 
and the persons now employed in either of said offices 
may be employed in the office of said board without civil 
service examination. 

Section 3. The officers of the state prison, of the 
reformatory prison for women, and of the Massachusetts 
reformatory, shall continue to hold their offices according 
to the terms of their respective appointments. When 
a vacancy occurs in the office of warden of the state 
prison, superintendent of the reformatory prison for 
women, or superintendent of the Massachusetts reforma- 
tory, the prison commissioners shall fill the vacancy ; and 
the warden or superintendent so appointed shall hold his 
office during the pleasure of the commissioners. When a 
vacancy occurs in any other office of the state prison or 
either of the said reformatories the warden or superin- 
tendent, as the case may be, shall fill the vacancy; and 
any officer so appointed shall hold his office at the pleas- 
ure of the warden or superintendent. 

Section 4. Section one of chapter two hundred and 
nineteen of the Public Statutes, section six of chapter 
four hundred and forty-seven of the acts of the year 
eighteen hundred and eighty -seven, and so much of any 
other act as is inconsistent herewith, are hereby repealed. 



Acts, 1901. — Chap. 365. 279 

Section 5. The provisions of this act relative to the when to take 
appointment of prison commissioners shall take eifect on ^ ^*^ " 
its passage; and the other provisions shall take effect 
when all the members of said board are appointed and 
qualified. Approved May 3, 1901. 



Chap.3G5 



An Act makino appkopriations fok sundry miscellaneous 

EXPENSES authorized BY LAW. 

Be it enacted, etc. , as follows : 

Section 1. The smns 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, nineteen hundred and one, to wit : — 

For the payment of unclaimed moneys in the hands of unclaimed 
receivers of certain insolvent corporations, after the same hands of 

1 1 1 -ii-i I'lA 11 receivers. 

fiave been depositetl in the treasury or the Commonwealth, 
a sum not exceeding fifteen hundred dollars. 

To carry out the provisions of the act relative to the Funds received 
payment from the treasury of the Commonwealth of athiJin'istrarors. 
funds received from pul)lic administrators, a sum not 
exceeding two thousand dollars. 

For medical examiners' fees, a sum not exceeding five Medical 

hundred dollars. examiners- fees. 

For expenses incurred in the construction and repair of construction 

1 ■ 1 p -» r 1 1 • • etc., of roads in 

roads m the town of Mashpee during the year nineteen Mashpee. 
hundred, the sum of three hundred dollars. 

For assistance to the town of Truro in maintaining a Beach Point 
section of its county highway known as Beach Point ^°^'^' 
road, a sum not exceeding five hundred dollars. 

For the city of Waltham, for the annual assessment ntyof 
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 
hundred twenty dollars and eighty-nine cents, as provided 
for by 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 sarahj. 
jail at Lowell, a sum not exceeding four hundred dollars. """*°°- 

For the compensation of proliation officers, as authorized Probation 
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 twelve hundred dollars. 



280 



Acts, 1901. — Chap. 366. 



Small items of 
expenditure. 



Trustees of 
Lyman and 
industrial 
schools. 

State board of 
bar examiners. 



For small items of expenditure for which no appro- 
priations have been made, and for cases in which the 
appropriation has been exhausted or has reverted to 
the treasury of the Commonwealth in previous years, a 
sum not exceeding one thousand dollars, to be expended 
under the direction of the auditor of the Commonwealth. 

For travelling and other necessary expenses of the 
trustees of the Lyman and industrial schools, a sum not 
exceeding one thousand dollars. 

For the payment of expenses of the state board of bar 
examiners, as authorized by chapter three hundred and 
twelve of the acts of the year eighteen hundred and 
ninety-eight, a sum not exceeding twelve hundred doUars. 

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

Approved May 3, 1901. 



1S99. 458, § 1, 
amended. 



(7/ir/?).366 An Act relative to the compensation of commissioners ap- 
pointed BY THE SUPREME JUDICIAL COURT AND THE SUPERIOR 
COURT. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter four hundred and 
fifty-eight of the acts of the year eighteen hundred and 
ninety-nine is hereby amended by striking out in the 
third and seventh lines, respectivel}', the word "per- 
sons ' ', and inserting in place thereof in each instance the 
word : — commissioners, — and by striking out the words 
"not exceeding fifteen dollars a day ", in the sixth and 
seventh lines, so as to read as follows : — Section 1. 
Whenever upon a petition for the assessment of damages 
or in any other proceeding authorized by law one or 
more commissioners are appointed by the supreme judi- 
cial court or by the superior court to hear parties, assess 
damages and make an award to be returned into court, 
the court shall award reasonaV)le compensation to each of 
such commissioners, to be paid by the county in which 
they are appointed, and not to be taxed in the bill of 
costs of either party to the action. 

Section 2. This act shall apply to pending cases as 
well as to those hereafter begun, and shall take effect 
upon its passage. App)roved May 3, 1901. 



Compensation 
of commis- 
sioners ap- 
pointed to 
assess damages 
in certain cases. 



To apply to 
pending cases, 
etc. 



Acts, 1901. — Chaps. 367, 368. 281 

Ax Act making appropriations for continuing the PtTHLICATION nifriT) 367 
OF THE PROVINCE LAWS. -^ 

Be it enacted., etc., as follows: 

Section 1. The sums hereinafter mentioned are a])- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, during the year 
ending on the thirty-first day of December, nineteen 
liundred and one, for completing the preparation and 
publication of the acts and resolves of the province of 
Massachusetts Bay, to wit : — 

For the salary of the secretary and executive officer, secretary and 
the sum of two thousand dollars. officer.'^'' 

For the salary of the chief clerk, the sum of fifteen chief cierk. 
hundred dollars. 

For clerical service and a messenger, a sum not exceed- ^j®"*''^^ 
ing five thousand six hundred and forty dollars. 

For stationery, postage, travelling and other necessary Expenses. 
expenses, a sum not exceeding six hundred and sixty 
dollars. 

For printing and binding such volumes as may be com- Printing and 
pleted, a sum not exceeding six thousand dollars. binding. 

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

Ajiproved May 3, 1901. 



Bervice, 



ChapMS 



An Act relative to the opening of railroads and railways 

FOR public use. 

Be it enacted, etc., as folloios: 

Section one hundred and forty-one of chapter one p.g.112, §ui, 
hundred and twelve of the Public Statutes is hereby '''^^''^^^■ 
amended by inserting after the words "no railroad ", in 
the first line, the words : — or street railway, — and by 
inserting after the words "a railroad ", in the first line, 
the words : — or of a street railway, — so as to read as 
follows: — Section 141. No railroad or street railway Railroads or 
or branch or extension of a railroad or of a street rail- etc^l'not'tobr' 
way shall be open for public use until the l)oard, after an pPbifcV^e*^ 
examination, certifies that all laws relating to its con- untn.etc, 
struction have been complied with, and that it appears 
to be in a safe condition for operation. 

Axtproved May 8, 1901. 



282 



Acts, 1901. — Chaps. 369, 370. 



(7Attl>.369 -^^ -'^CT TO PROVIDE FOK THE APPOINTMENT OF A MESSENGER FOR 
THE PROBATE COURT AND COURT OF INSOLVENCY FOR THE COUNTY 
OF MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The judges of probate and insolvency for 
the county of Middlesex may appoint a messenger for 
the courts of probate and insolvency for that county, 
who shall wait upon the courts and perform such duties 
as the judges may direct. 

Section 2. The messenger shall receive from the 
county of Middlesex an annual salary of one thousand 
dollars, payable monthly. 

Section 3. The said judges may at any time remove 
the messenger for cause deemed by them sufficient, and 
may fill a vacancy caused by such removal or otherwise. 

Section 4. This act shall take effect upon its passage. 

Approved May 8, 1901. 



MeBsenger may 
be appointed. 



CompenBatioii. 



Removal, etc. 



Chcqj.370 



1895, 144, § 1, 
amended. 



Specifications, 
rate of com- 
pensation, etc., 
to be posted in 
textile factories. 



An Act relative to specifications to be furnished to persons 
employed in cotton, woolen and worsted factories. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and 
forty-four of the acts of the year eighteen hundred and 
ninety-five is hereby amended by adding at the end 
thereof the words : — The maximum length of a cut or 
piece shall not exceed five per cent of the intended length 
of the same, — so as to read as follows : — Section 1. 
The occupier or manager of every textile factory shall 
post in every room where any employees Avork by the 
job, in legible writing or printing, and in sufficient num- 
bers to be easily accessible to such employees, specifica- 
tions of the character of each kind of work to be done by 
them, and the rate of compensation. Such specifications 
in the case of weaving rooms shall state the intended or 
maximum length or weight of a cut or piece, the count 
per inch of reed, and the number of picks per inch, and 
the price per cut or piece, or per pound ; or, if payment 
is made per pick or per yard, the price per pick or per 
yard ; and each warp shall bear a designating ticket or 
mark of identification. In roving or spinning rooms the 
number of roving or yarn and the price per hank for each 
size of machine shall be stated : and each machine shall 



Acts, 1901. — Chap. 371. 283 

bear a ticket stating the number of the roving or yarn 
made upon it. The maximum length of a cut or piece 
shall not exceed five per cent of the intended length of 
the same. 

Section 2. Section three of said chapter is hereby i895,i44, §3, 
amended by adding at the end thereof the words : — amended. 
and they shall be authorized to go into any room, mill or 
factory to ascertain the facts relating to any work done 
therein or coming from any other room, mill or factory, 
and to take the measurements thereof; and any one inter- 
fering Avith them shall be liable to the penalties prescribed 
in section two hereof, — so as to read as follows : — 
Section 3. The members of the inspection department Enforcement 
of the district police force shall enforce the provisions ° p"""^'"""^- 
of this act ; and they shall be authorized to go into any 
room, mill or factory to ascertain the facts relating to 
any work done therein or coming from any other room, 
mill or factory, and to take the measurements thereof; 
and any one interfering with them shall be liable to the 
penalties prescribed in section two hereof. 

Approved May 8, 1901. 

An Act to PRomBiT the forging or counterfeiting of the (Jlfr/t) 371 

TICKETS, MILEAGE BOOKS OR PASSES OF RAILROAD COMPANIES. 

Be it enacted, etc., as folloios: 

Section 1. Whoever, with intent to injure or defraud ^ounte^/e°[jn 
any person, falsely makes, alters, forges or counterfeits etc., railroad 
a railroad ticket, railroad mileage book or railroad pass, 
shall be punished by imprisonment in the state prison for 
a term not exceeding three years, or in jail for a term 
not exceeding two years, or by fine not exceeding five 
hundred dollars. 

Section 2. Whoever, with intent to iniure or defraud Penalty^""; 

■ . J uttering, etc., 

any person, utters and pulilishes as true a false, f ore-ed or forged railroad 

•^ ^ 1 ' o ticket etc, 

altered railroad ticket, railroad mileage book or railroad 
pass, mentioned in the preceding section, knowing the 
same to be false, altered, forged or counterfeited, shall 
be punished by imprisonment in the state prison for a 
term not exceeding three years, or in jail for a term not 
exceeding two years, or by fine not exceeding five hun- 
dred dollars. 

Section 3. Whoever forges or procures to be forged, Penalty for f org. 
or assists in forging, the stamp of any railroad company of^r'anrokd^^'"'' 

' ' company, etc, 



284 Acts, 1901. — Chaps. 372, 373, 374. 

or of any railroad ticket agent, or stamps or procures to 
be stamped, or assists in stamping any railroad ticket or 
railroad mileage book with such forged stamp, or with a 
genuine stamp of any railroad company or railroad ticket 
agent, without being duly authorized thereto, shall be 
punished by imprisonment in the state prison for a term 
not exceeding three years, or in jail for a term not ex- 
ceeding two years, or by fine not exceeding five hundred 
dollars. Approved May 8, 1901. 

Chap.^l'2i -A-N Act to establish the salary of the clerk of the municipal 

COURT OF THE CHARLESTOWN DISTRICT OP THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

nlcipaxiZn, Section 1. The salary of the clerk of the municipal 

J^'haHe^stown' court of the Charlestowu district of the city of Boston 
shall l)e fifteen hundred dollars a year, to be so allowed 
from the first day of January in the year nineteen hun- 
dred and one. 

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

Approved May 8, 1901. 

Chap.37o ^^ ^CT TO PROHIBIT THE SALE OR GIFT OF CIGARETTES TO PERSONS 

UNDER EIGHTEEN YEARS OF AGE. 

Be it enacted, etc., as folloics: 
Cigarettes to Section 1. No pcrsou shall Sell a cigarette to any 

"rohibit^ed^^""^ person under the age of eighteen years. 
Gift of Section 2. Ko person other than the minor's parent 

certaf"per8°on8 ov guardiau shall give a cigarette to any minor under 
prohibited. ^j^Q g^gg Qf eighteen years. 
Penalty. Section 3, Any persou violating any provision of 

this act shall be punished by a fine not exceeding fifty 

dollars. 
^^P®"*^- Section 4. All acts and parts of acts inconsistent 

herewith are hereby repealed. Approved May 8, 1901. 

ChctV.S74: ^^ ^^'^ "^^ ESTABLISH THE BOUNDARY LINE BETWEEN THE COMMON- 
AVEALTH OF MASSACHUSETTS AND THE STATE OF NEW YORK. 

Be it enacted, etc., asfollotvs: 

he^een^u^ela. Section 1. Thc bouudary line between the Common- 
NeTyork''* wealth of Massachusetts and the state of New York, 
established. from the uorthwcst corner of Connecticut to the south- 



Acts, 1901.— Chap. 374. 285 

erly line of Vermont, shall be and hereby is fixed as Boundary iine 

r. -,1 between Massa- 

lOllOWS : clmsetts and 

Beginning at Bound 1, a granite monument set in ^stlbUshed. 
ledge on the side of a wooded mountain peak six hun- 
dred and nine feet east of Ryan Bush road, in latitude 
42° 02' 58.427'' north of the equator, and longitude 
73° 29' 15.959" west from Greenwich, and marking the 
northwest corner of Connecticut, a corner of the Com- 
monwealth of Massachusetts, and a corner of the state 
of New York; thence on an azimuth of 90° 43' 49", 
twenty-six hundred and twenty-four feet to Bound 3, a 
granite monument set in ledge on the steep westerly 
slope of a wooded mountain, in latitude 42° 02' 58.756" 
and longitude 73° 29' 50.737", at the southwest corner of 
Massachusetts, also in the eastern line of New York and 
marking a corner of the towns of Mount Washington in 
Massachusetts, and Ancram and Northeast in New York ; 
thence on an azimuth of 167° 08' 15", thirteen thousand six 
hundred and forty-nine feet to Bound 9, a granite monu- 
ment set in ledge on the westerly wooded slope of Alandar 
mountain about a quarter of a mile west of its summit, 
in latitude 42° 05' 10.205" and longitude 73° 30' 31.031", 
at the corner of Mount "Washington in Massachusetts and 
Copake in New York; thence on an azimuth of 195° 
12' 22", two hundred forty-nine thousand two hundred 
and forty- six feet, by the towns of Mount Washington, 
Egremont, Alford, West Stockbridge, Richmond, Han- 
cock and Williamstown in Massachusetts, and Copake, 
Hillsdale, Austerlitz, Canaan, New Lebanon, Stephen- 
town, Berlin and Petersburg in New York, to Bound 
112, a granite monument set in ledge and earth on an 
open easterly slope about seventy-five feet west of a pri- 
vate roadAvay, in latitude 42° 44' 45.201" and longitude 
73° 15' 54.904", at the northwest corner of Massachusetts, 
also in the east line of New York and in the south line of 
Vermont, and marking a corner in the boundaries of the 
towns of Williamstown in Massachusetts, Petersburg in 
New York, and Pownal in Vermont. 

The term " azimuth ", as used in this description, is the Term 
angle which a line makes at its point of beginning with de^tiMd".'^ 
the true meridian, reckoning from the south around by 
the west. 

In addition to the monuments at the ends of the above Monumente. 
mentioned straight lines other monuments have been set 



286 Acts, 1901. — Chap. 374. 

at the points of intersection of the above described 
straight Hnes, with highways, raiboads and boundary 
lines of three towns in New York and seven towns in 
Massachusetts ; also at mile points, excepting the twenty- 
second and twenty- third miles, which are unmarked. 
These additional marks are described as follows : — 

mffks in"' Beginning at the said northwest corner of Connecticut ; 

boundary line thcuce Westerly about six hundred and nine feet to a 

between Massa- «' • i p t-« t-» i 

chnsetts and monumeut on the west side oi Kyan liush road ; thence 
described. Westerly about two thousand and fifteen feet to Bound 
3, at the southwest corner of Massachusetts previously 
described; thence northwesterly about twenty-six hun- 
dred and fifty -six feet to a monument marking the first 
mile point; thence northwesterly about forty-eight hun- 
dred and fifty-five feet to a monument on the north side 
of the Roberts road; thence northwesterly about three 
hundred and thirty feet to a monument at the corner of 
Ancram, Copake and Mount Washington ; thence north- 
westerly about ninety-five feet to a monument marking 
the second mile point ; thence northwesterly about fifty- 
two hundred and eighty feet to a monument marking 
the third mile point; thence northAvesterly about four 
hundred and thirty-three feet to Bound 9, on Alandar 
mountain previously described ; thence northerly about 
thirty-four hundred and eighty-six feet to a monument 
at the boundary summit of the Bashbish mountain ; thence 
northerly about thirteen hundred and sixty-one feet to 
a monument marking the fourth mile point; thence 
northerly about fifty-two hundred and eighty feet to a 
monument marking the fifth mile point ; thence northerly 
about twelve hundred and nineteen feet to a monument 
on the north side of the Bashbish road ; thence northerly 
about twenty-five hundred and seventy-six feet to a 
monument at the boundary summit of Cedar mountain ; 
thence northerly about fourteen hundred and eighty- 
five feet to a monument marking the sixth mile point ; 
thence northerly about twenty-eight hundred and forty- 
eight feet to a monument at the boundary summit of 
Dugway hill ; thence northerly about nine hundred and 
eighty-five feet to a monument on the north side of 
the Mount Washington-Hillsdale road ; thence northerly 
about fourteen hundred and forty- seven feet to a monu- 
ment marking the seventh mile point ; thence northerly 
about six hundred and seventy-seven feet to a monument 



Acts, 1901. — Chap. 374. 287 

at the boundary summit of Mount Prospect ; thence Additional 
northerly about forty-five hundred and ninety-four feet wlndaTy iine 
to a monument at the corner of Copake, Egremont chuslue fnd^**' 
and Moimt Washington ; thence northerly about nine ^e'^scrrbed'' 
feet to a monument marking the eighth mile point; 
thence northerly about nine hundred and seventy feet to 
a monument at the boundary summit of Mount Fray ; 
thence northerly about forty-three hundred and ten feet 
to a monument marking tlie ninth mile point; thence 
northerly about fourteen hundred and fifty-nine feet to 
a monument on the north side of the Hillsdale-South 
Egremont road; thence northerly about four hundred 
and seventy-eight feet to a monument at the corner of 
Copake, Egremont and Hillsdale ; thence northerly about 
thirty-three hundred and forty-three feet to a monument 
marking the tenth mile point ; thence northerly about 
twenty-seven hundred and eighty-six feet to a monu- 
ment on the north side of the Hillsdale-North Egremont 
road ; thence northerly about twenty-foiu" hundred and 
ninety-four feet to a monument marking the eleventh 
mile point; thence northerly about forty-four hundred 
and eight feet to a monument on the south side of the 
North Egremont-North Hillsdale road ; thence northerly 
about eight hundred and seventy-two feet to a monument 
marking the twelfth mile point ; thence northerly about 
twenty-five hundred and forty-three feet to a monument 
at the corner of Alf ord, Egremont and Hillsdale ; thence 
northerly about three hundred and seventy- three feet to 
a monument on the north side of Whites Hill road ; thence 
northerly about twenty-three hundred and sixty-four feet 
to a monument marking the thirteenth mile point ; thence 
northerly about thirty-eight hundred and ninety-three 
feet to a monument on the south side of the Green River- 
Xorth Egremont road ; thence northerly about thirteen 
hundred and eighty-seven feet to a monument marking 
the fourteenth mile point ; thence northerly about twenty- 
three hundred and five feet to a monument on the north 
side of the Green River-Great Barrington road; thence 
northerly about twenty-five hundred and thirty-two feet 
to a monument on the south side of a road; thence 
northerly about four hundred and forty-three feet to a 
monument marking the fifteenth mile point ; thence 
northerly about thirty-five hundred and twenty-seven 
feet to a monument at a boundary smnmit; thence 



288 



Acts, 1901. — Chap. 871. 



Additional 
marks in 
boundary line 
between Massa- 
chusetts and 
New York 
described. 



northerly about seventeen hundred and fifty-three feet 
to a monument marking the sixteenth mile point ; thence 
northerly about fourteen hundred and ninety-four feet to 
a monument on the north side of the Alford- Green River 
road ; thence northerly about thirty-four hundred and 
fifty-six feet to a monument on the north side of a road ; 
thence northerly about three hundred and thirty feet to 
a monument marking the seventeenth mile point; thence 
northerly about fifty-two hundred and eighty feet to a 
monument marking the eighteenth mile point; thence 
northerly about five hundred and fifty-three feet to a 
monument at the corner of Alford, Austerlitz and West 
Stockbridge; thence northerly about forty-seven hun- 
dred and twenty-seven feet to a monument marking the 
nineteenth mile ])oint; thence northerly about fifteen 
hundred and ninety feet to a monimient at the boun- 
dary summit of Mount Harvey ; thence northerly about 
thirty-six hundred and ninety feet to a monument mark- 
ing the twentieth mile point; thence northerly al)out 
twenty- nine hundred and two feet to a monument on the 
south side of the Austerlitz -West Stockbridge south road ; 
thence northerly aljout three hundred and twenty-seven 
feet to a monument on the south side of a road ; thence 
northerly about two thousand and eight feet to a monu- 
ment on the south side of the Austerlitz-West Stock- 
bridge north road; thence northerly about forty-three 
feet to a monument marking the twenty-first mile point ; 
thence northerly about twenty-six hundred and thirty- 
five feet to a monument on the north side of a road; 
thence northerly about twenty -four hundred and nine 
feet to a monument on the south side of the Canaan- 
West Stockbridge road ; thence northerly about one hun- 
dred and fifteen feet to a monument on the Boston and 
Albany railroad ; thence northerly about one hundred 
and sixty-six feet to a monument on the north side of the 
Canaan- Richmond Furnace south road; thence northerly 
about three hundred and ninety-one feet to a monument at 
the corner of Canaan, Richmond and West Stockbridge; 
thence northerly about forty-eight hundred and thirty- 
four feet to a monument on the south side of the Canaan- 
Richmond Furnace north road ; thence northerly about 
eight hundred and twenty feet to a monument on the 
east side of the Cunningham Hill road ; thence northerly 
about eight hundred and ninety-seven feet to a monu- 



Acts, 1901. — Chap. 374. 289 

ment at the boundary summit of Cunningham hill; ^!^riis'°u''^ 
thence northerly about thirty-five hundred and seventy- boundary ime 

"J 1 • 1 "i I'etween Massa- 

three feet to a monument markmg the twenty-fourth ciuiscttsand 
mile point ; thence northerly about one hundred and described. 
sixty-seven feet to a monument on the south side of the 
Canaan- Richmond road ; thence northerly about twenty- 
eight hundred and thirteen feet to a monument on the 
west side of a road ; thence northerly about twelve hun- 
dred and eighty-five feet to a monument on the south 
side of the Canaan-Pittsfield road ; thence northerly 
about one thousand and fifteen feet to a monument 
marking the twenty-fifth mile point ; thence northerly 
about fifty-two hundred and eighty feet to a monument 
marking the twenty-sixth mile point ; thence northerly 
about fifty- two hundred and eighty feet to a monument 
marldng the twenty-seventh mile point ; thence northerly 
about eighteen hundred and ninety-nine feet to a monu- 
ment at the corner of Canaan, Hancock and Richmond, 
on Perry's Peak; thence northerly about thirty-three 
hundred and eighty-one feet to a monument marking the 
twenty-eighth mile point ; thence northerly about seven- 
teen hundred and ninety-two feet to a monument on the 
south side of the Mount Lebanon- Pittsfield road ; thence 
northerly about eighty feet to a monument on the north 
side of the Mount Lebanon- Pittsfield road ; thence nco'th- 
erly about thirty-three hundred and twenty-four feet 
to a monument on the north side of the state highway 
between Pittsfield and New Lebanon ; thence northerly 
about eighty-four feet to a monument marking the 
twenty-ninth mile point; thence northerly about thirty- 
three hundred and fifteen feet to a monument at the 
boundary summit of Mount Lebanon ; thence northerly 
about nineteen hundred and sixty-five feet to a monu- 
ment marking the thirtieth mile point ; thence northerly 
about fifty-two hundred and eighty feet to a monument 
marking the thirty-first mile point ; thence northerly 
about two hundred and fifty-six feet to a monument on 
the north side of the old Lebanon Springs- Pittsfield 
road ; thence northerly about eleven hundred and eight 
feet to a monument on the south side of the Lebanon 
Springs- Pittsfield road; thence northerly al)Out thirty- 
nine hundred and sixteen feet to a monument marking 
the thirty-second mile point; thence northerly about 
nine hundred and ninetv-six feet to a monument at the 



290 Acts, 1901. — Ch.u:'. 374. 



Additional 
marks iu 



boundary summit of Clover hill ; thence northerly about 
boundary line fortv-two hundred and eig'htv-four feet to a monument 

between Massa- -^ . i • n -i 

chusettsand marking the thirty-third mile point; thence northerly 
described. about tweuty-five hundred and fifty-five feet to a monu- 
ment on the south side of the Goodrich Hollow road ; 
thence northerly about twenty-seven hundred and twenty- 
five feet to a monmiient marking the thirty-fourth mile 
point; thence northerly about fifty-two hundred and 
eighty feet to a monument marking the thirty-fifth 
mile point; thence northerly about twenty-six hundred 
and eighty- nine feet to a monument on the north side of 
the Hancock- Stephent own road ; thence northerly about 
twenty-five hundred and ninety-one feet to a monument 
marking the thirty-sixth mile point; thence northerly 
about fifty-two hundred and eighty feet to a monument 
marking the thirty-seventh mile point ; thence northerly 
about two thousand and sixty-five feet to a monument 
at the boundary summit of Rounds mountain; thence 
northerly about thirty- two hundred and fifteen feet to a 
monument marking the thirty-eighth mile point ; thence 
northerly about fifty-two hundred and eighty feet to a 
monument marking the thirty-ninth mile point ; thence 
northerly about fifty-two hundred and eighty feet to a 
monument marking the fortieth mile point ; thence north- 
erly about forty-nine hundred and seventy-four feet to 
a monument marking the boundary summit of Mount 
Misery; thence northerly about three hundred and six 
feet to a monument marldng the forty-first mile point ; 
thence northerly about fifty-two hundred and eight}?^ feet 
to a monument marldng the forty-second mile point; 
thence northerly about nine hundred and seventy-two feet 
to a monument at the corner of Berlin, Hancock and Wil- 
liamstown ; thence northerly aliout two thousand and 
eleven feet to a monument on the north side of the Sweet 
road ; thence northerly about twenty-two hundred and 
ninety-seven feet to a monument marking the forty-third 
mile point ; thence northerly al)Out fifty- two hundred and 
eighty feet to a monument marking the forty-fourth mile 
point, on the north slope of Rhodes Pinnacle; thence 
northerly about two thousand and fifty-six feet to a monu- 
ment on the south side of the Mills Hollow road ; thence 
northerly about thirty-two hundred and twenty-four feet 
to a monument marking the forty-fifth mile point ; thence 
northerly about forty-six hundred and two feet to a 



Acts, 1901. — Chap. 375. 291 

monument on the north side of the Beebe Hollow road ; Additional 

. ' marke in 

thence northerly about six hundred and seventy-eight boundary iine 
feet to a monument marking the forty-sixth mile point ; cimeetts and"" " 
thence northerly about twenty-one hundred and seventy described. 
feet to a monument at the boundary summit of Berlin 
mountain; thence northerly about thirty-one hundred 
and ten feet to a monument marking the forty- seventh 
mile point; thence northerly about sixteen hundred and 
thirty-five feet to a monument on the north side of the 
Berlin- Williamstown road ; thence northerly about thirty- 
six hundred and forty-five feet to a monument marking 
the forty-eighth mile point; thence northerly about 
thirty-four hundred and sixty-three feet to a monument 
on the south side of the South Williamstown-Petersburg 
road; thence northerly about three hundred and seven 
feet to a monument on the north side of the Williams- 
town- Peters) )urg road; thence northerly about fifteen 
hundred and ten feet to a monument marking the forty- 
ninth mile point ; thence northerly about thirty-one 
hundred and twenty-seven feet to a monument at the 
boundary summit of Jim Smith hill; thence northerly 
about twenty-one hundred and fifty-three feet to a mon- 
ument marking the fiftieth mile point ; thence northerly 
about fifteen hundred and nineteen feet to Bound 112, at the 
northw^est corner of Massachusetts, previously described. 

Section 2. This act shall take effect on the first day when to take 
of September in the year nineteen hundred and one, or ^^'"'^' 
as soon thereafter as a similar act passed by the state 
of New York establishing the line described in this act 
shall take effect. Approved May 8, 1901. 

An Act making appkophiations for the soldiers' home in rij.^.^^ 07 r 

MASSACHUSETTS, THE NEW BEDFORD TEXTILE SCHOOL, AND FOR -^ " 

CERTAIN OTHER EXPENSES AUTHORIZED BY LAW. 

Be it enacted., etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, except as herein 
otherwise provided, for the purposes specified in certain 
acts and resolves of the present year, and for certain 
other expenses authorized by law, to wit : — 

For the preservation of war records in the office of the Preservation 
adjutant general, a sum not exceeding twenty-live hun- ° "''"'''''''°'' ^- 



292 



Acts, 1901. — Chap. 375. 



For persons 
interested under 
•will of Patrick 
Maguire. 



New Bedford 
textile school. 



State normal 
school at 
Hyanuis. 



Charles Claflin. 



Nelson 
Bpofford. 



Publication of 
course of 
instruction in 
drawing for 
use in public 
Bchools. 



State normal 
school at 
Worcester. 



William N. 
Swain. 



Examination of 
outlets of 
sewers, etc. 



Purchase of 
portraits of 
governors. 



the sum of eight- 



dred dollars, as authorized by chapter forty of the re- 
solves of the present year. 

For the persons interested under the will of Patrick 
Maguire, late of Westborough, the sum of two hundred 
dollars, to be paid out of the Abolition of Grade Cross- 
ings Loan Fund, as provided for by chapter forty-one of 
the resolves of the present year. 

For the New Bedford textile school, 
een thousand dollars, as provided for by chapter forty- 
two of the resolves of the present year. 

For the disposal of sewage at the state normal school 
at Hyannis, a sum not exceeding nine hundred dollars, 
as authorized by chapter forty-four of the resolves of the 
present year. 

For Charles Claflin, the sum of one hundred and 
twenty-five dollars, as authorized by chapter forty-five 
of the resolves of the present year. 

For Nelson Spofford, the sum of three hundred and 
fifty dollars, as authorized by chapter forty-six of the 
resolves of the present year. 

For the publication by the state board of education of 
a course of instruction in drawing for use in the public 
schools, a sum not exceeding four hundred dollars, as 
authorized by chapter forty-seven of the resolves of the 
present year. 

For the state normal school at Worcester, a sum not 
exceeding twenty-five hundred dollars, as authorized by 
chapter fifty- two of the resolves of the present year. 

For William N. Swain, the sum of sixty-three dollars 
and thirty-four cents, as authorized by chapter fifty- 
four of the resolves of the present year. 

For expenses of the examination by the state board of 
health of the outlets of sewers and of the effect of sew- 
age disposal, a sum not exceeding twenty-five hundred 
dollars, as authorized by chapter one hundred and fgur 
of the acts of the present year, the same to be in addi- 
tion to the twenty thousand dollars appropriated by 
chapter thirteen of the acts of the present year for the 
general work of the state board of health. 

For the purchase of portraits of governors of the Com- 
monwealth, as authorized by chapter eighty-nine of the 
resolves of the year eighteen hundred and ninety-nine, 
a sum not exceeding three thousand dollars, the same 
being the unexpended balance of the amount authorized 
by said resolve. 



Acts, 1901. — Chap. 375. 293 

For printing and binding extra copies of the manual ^^„uai°P'*^® ''^ 
of the general court, as authorized by chapter two hun- 
dred and ten of the acts of the present year, a sum not 
exceeding one thousand dollars, the same to be in ad- 
dition to the three thousand dollars appropriated for 
this purpose by chapter one of the acts of the present 
year. 

For the erection upon the state house grounds of a statue of late 
statue of the late Major General William Francis Bart- wuiiamFrlucis 
lett, a sum not exceeding twenty thousand dollars, as ^'''■*^*^"- 
authorized by chapter fifty-five of the resolves of the 
present year. 

For William F. Moore, the sum of one hundred and wuiiamF. 

' . Moore. 

twenty-five dollars, as authorized by chapter fifty-six of 
the resolves of the present year. 

For Joseph W. Noble, the sum of one hundred and iP\^p^^X- 

' 2sobleaiid 

twenty-five dollars, and for James Young, the sum of James Young. 
one hundred and twenty-five dollars, as authorized by 
chapter fifty-seven of the resolves of the present year. 

For the maintenance and repair of apparatus used in the Repair, etc., of 
examination of engineers and firemen by the Massachu- fnthrexam.^*^ 
setts district police, a sum not exceeding five hundred engiurers, etc. 
dollars, as authorized by chapter fifty-eight of the resolves 
of the present year. 

For the Trustees of the Soldiers' Home in Massachusetts, Tmetees of 
the sum of thirty- five thousand dollars, as authorized by ° '^'"** °™^' 
chapter fifty-nine of the resolves of the present year. 

For John Martin, the sum of one hundred and twenty- John Martin, 
five dollars, as authorized by chapter sixty of the resolves 
of the present year. 

For the purchase of land and for certain improvements Mai^eachusetts 
at the Massachusetts hospital for dipsomaniacs and in- dfpTomini'Jcs 
ebriates, a sum not exceeding three thousand five hundred and inebriates. 
and fifty dollars, as authorized by chapter sixty-one of 
the resolves of the present year. 

For the state normal school at l^orth Adams, a sum state normal 
not exceeding three thousand dollars, as authorized by Adams"* 
chapter sixty-two of the resolves of the present year. 

For Robert J. Barton, the sum of fifteen dollars, as Robert j. 
authorized by chapter sixty-three of the resolves of the 
present year. 

For clerical and messenger service in the office of the clerical and 
secretary of the state board of education, as authorized ^r^ce?^' 
by chapter two hundred and sixty-two of the acts of 
the present year, a sum not exceeding two hundred and 



294: 



Acts, 1901. — Chaps. 376, 377 



twenty dollars, the same to be in addition to any amount 
heretofore appropriated for the same purpose. 

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

Approved May 9, 1901. 



ChCtV.S7Q ^^ ^CT TO EXEMPT THE METROPOLITAN MUTUAL AID ASSOCIATION 
FROM CERTAIN PROVISIONS OF LAW RELATIVE TO FRATERNAL 
BENEFICIARY CORPORATIONS. 

Be it enacted, etc., asfolloivs: 

Section 1. The Metropolitan Mutual Aid Association 
is hereby exempted from the provisions of chapter four 
hundred and forty-two of the acts of the year eighteen 
hundred and ninety- nine, relative to fraternal beneficiary 
corporations. 

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

Approved May 9, 1901. 



The Metropoli- 
tan Mutual Aid 

Association 
exempted from 
provisions of 
1899, 442. 



Chcip. 377 An Act relative to pensioning members of police depart- 
ments IN CERTAIN CITIES AND TOWNS. 



Certain 
members of 
police depart- 
ment to be 
retired, etc. 



Cities and 
towns may 
appropriate 
money. 

Not to apply to 
certain cities 
and towns. 



Repeal . 



When to take 
effect. 



Be it enacted, etc. , as folloivs : 

Section 1. In every city and town the board or official 
having authority to make appointments to the police 
department shall retire from further service therein any 
member who shall be certified b}^ the city or town physi- 
cian and by two other physicians to be permanently 
incapacitated, either mentally or physically, by injuries 
sustained in the actual performance of duty in the depart- 
ment ; and the member so retired shall receive annually 
one half the compensation received by him at the time 
of his retirement. 

Section 2. Cities and towns are hereby authorized to 
appropriate money to provide for the payment of pen- 
sions authorized by this act. 

Section 3. This act shall not apply to any city or town 
which before the passage of this act has established a sys- 
tem of pensions for the members of its police department. 

Section 4. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 5. This act shall take effect in any city upon 
its acceptance by the city council thereof, and in any 
town upon its acceptance by a majority of the citizens 
present and voting thereon at any annual toAvn meeting. 

Approved May 10, 1901. 



Acts, 1901. — Chaps. 378, 379. 295 



An Act making an appropriation for the expense of dispos- (^1.^.^^ QTQ 

ING of PKOPERTV USED BY THE GYPSY MOTH COMMITTEE OF THE ^ 

STATE BOARD OF AGRICULTLRE. 

He it enacted, etc., as folloics : 

Section 1. The sum of one thousand dolkirs is hereby care and sale, 
appropriated, to be paid out of the treasury of the Com- ul*e'd°bj^gypty^ 
mon wealth from the ordinary revenue, to pay the cost oTJtate°™ar"of 
of storage, care and sale of property in the city of Mai- agriculture. 
den which was used by the gypsy moth committee of 
the state board of agriculture in its efforts to extermi- 
nate the gypsy moth. The state board of agriculture is 
hereby directed to dispose of the said property on or 
before the first day of September in the present year, 
either by transferring the same to some state department 
or commission that may have use for it, or by sale at 
public auction or otherwise, the net proceeds of any such 
sale to ])e paid into the treasury of the Commonwealth. 

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

Approved May 14, 1901. 



Chcqy.Sld 



Ax Act to incorporate the milford and uxbridge street 

RAILAVAY COMPANY'. 

Be it enacted, etc., as follows: 

Section 1. Arthur E.. Taft, Sydney Harwood, James Mufordand 
Daley, Samuel A. Andrew, John T. Manson, Charles E. Rauwafclm"^* 
Graham, Julius A. George and others, subscribers to Fated.^"'^^'^^*'' 
articles of association to form the Milford and Uxbridee 
Street Ranway Company, and their successors, are hereby 
made a corporation under the name of the Milford and 
Uxbridge Street Railway 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. The said company may locate, construct, May construct, 
maintain and operate its railway, Avith a single or doul)le iVcertaiu'"''''^ 
track, in such manner as may be convenient, in the towns *°^'"^- 
of Hopedale, Mendon and Uxbridge, in the county of 
Worcester, subject to the approval and control of the 
selectmen of said towns as provided by the general law, 
and subject also to the approval of the IMassachusetts 
highway commission as to any part of said railway 
located upon a state highway. 



296 



Acts, 1901. — Chap. 379. 



Motive power, 
etc. 



May acquire 
real estate, etc. 



Certain loca- 
tions confirmed, 
etc. 



May be a 
common carrier 
of merchandise, 
etc. 



Provisos. 



Capital stock. 



May issue 
mortgage 
bonds, etc. 



Section 3. Said company may maintain and operate 
its railway by any motive power other than steam, and, 
with the consent of the board of selectmen of the said 
towns, respectively, may erect such poles and wires and 
make such excavations in the streets and highways of 
the said towns as may be necessary to establish and 
maintain such motive power. It may acquire by pur- 
chase or lease all real estate and water power required 
for its power stations, tracks, poles, wires, car houses and 
other uses incident to the operation of its railway. 

Section i. The locations heretofore granted to the 
Milford and Uxbridge Street Railway Company as a 
preliminary organization, by the selectmen of the towns 
of Hopedale, Mendon and Uxbridge, are hereb}^ ratified 
and confirmed, and are given the same force and effect 
as if granted to said company under the provisions of 
this act, and shall continue in force, subject to all the 
provisions, restrictions, regulations and conditions con- 
tained in said locations and in the general laws apply- 
ing to street railways, and subject also to revocation as 
therein provided. 

Section 5. Said company is hereby authorized to use 
its tracks for the transportation of passengers and their 
baggage, and to be a common carrier of small parcels of 
goods and merchandise, and to carry mails: jwovided^ 
however^ that the company shall not so act in any town 
until authorized so to do by the selectmen of the town ; 
and provided, further^ that the company shall in carry- 
ing baggage and small parcels be subject to such by-laws 
and regulations 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 6. The capital stock of said company shall 
not exceed fifty thousand dollars, but it may be increased 
in accordance with the general laws. 

Section 7. Said company, in order to meet expenses 
incurred under this act, may issue bonds not exceeding 
the amount of its capital stock and payable within 
periods not exceeding twenty years from the dates 
thereof, secured by mortgage of its franchise and prop- 
erty, subject to the general laws relative thereto; and in 
such mortgage the company may reserve to its directors 
the rio:ht to sell or otherwise in due course of business to 



Acts, 1901. — Chap. 380. 297 

dispose of property included therein which may become 
unsuitable for us.e, provided an equivalent in value is 
substituted therefor. 

Section 8. The authority herein granted shall cease Road to be lu 
if the proposed road is not constructed and put in opera- wlthfn'two 
tion within two years after the passage of this act. ^^'"^^' 

Section 9, This act shall take effect upon its passage. 

Approved May 14, 1901. 



Chap.380 



commission. 



An Act to authorize certain advances of money to i'.e made 

TO THE secretary of the METROrOLITAN RARK COMMISSION OR 
TO SUCH PERSON AS IT MAY DESIGNATE, FOR PAYMENT OF PAY 
ROLLS AND OTHER ACCOUNTS. 

Be it enacted, etc. , as folloivs : 

Section 1. Section six of chapter four hundred and l*^^•''•f^,'§''' 
l amended. 

fifty of the acts of the year eighteen hundred and ninety- 
five is hereby amended by striking out the whole of said 
section and inserting in place thereof the following : — 
Section 6. The secretary of the metropolitan park com- certain 
mission, or such other person as said commission may mJneymaybe 
designate, may have advanced to him from the Metro- pomln^pT/k"^"' 
politan Parks Loan and from appropriations made by the 
general court from time to time to meet the expenses of 
the care and maintenance of the reservations and park- 
ways of the metropolitan parks system, such sums, not 
exceeding ten thousand dollars at any one time, as the 
auditor may certify to be necessary to enable said com- 
mission to make direct payment upon its pay rolls and 
other accounts. The person so designated by said com- 
mission shall give a bond with sufficient sureties, to be 
approved by the auditor of the Commonwealth, in the 
sum of ten thousand dollars. As soon as may be after statement of 
expending such advance, and in any case within thirty be m'edl et'c".'* 
days from its receipt, the person who has received the 
money from the Commonwealth under the provisions of 
this act shall file with the auditor a statement in detail 
of the sums expended subsequent to the previous account- 
ing, approved by the board, if any, authorized to super- 
vise such expenditure, and, where it is practicable to obtain 
them, accompanied by receipts or other like vouchers of 
the persons to whom the payments have been made. 
Section 2. This act shall take effect upon its passage. 

Approved May 14, 1901. 



298 



Acts, 1901. 



Chaps. 381, 382. 



C^«X).381 -^^ ■^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 

THE BUREAU OF STATISTICS OF LABOR. 



Appropriations , 



Chief of bureau 
of statistics of 
labor. 

First clerk. 



Second clerk. 



Special ageuts. 



Clerical 
assistance, etc. 



Statistics of 
manufactures. 



Expenses of 
special census. 



Be it enacted, etc., as foUoivs: 

Sectiojm 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, nineteen hundred and one, to wit : — 

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

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

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

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

For such additional clerical assistance and other ex- 
penses 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 expenses in connection with taking a special census 
in towns having an increased resident population during 
the summer months, a sum not exceeding four hundred 
and fifty dollars. 

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

Approved May 14, 1901. 



Ch(lp.3S2i An Act in addition to an act making appropriations for 

DEFICIENCIES IN APPROPRIATIONS FOR CERTAIN EXPENSES AU- 
THORIZED IN THE YEAR NINETEEN HUNDRED. 

Be it enacted, etc. , as follows : 

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 certain expenses in 
excess of appropriations authorized in the year nineteen 
hundred, to wit : — 

For incidental and contingent expenses in the adjutant 
general's department, the sum of one hundred forty-two 
dollars and sixty cents. 



AppropriationB. 



Adjutant 
general's 
expenses. 



Acts, 1901. — Chap. 383. 299 

For incidental and contingent expenses in the quarter- Quartermaster 
master general's department, the sum of one hundred expeMes. 
sixty-six dollars and thirty-nine cents. 

For ex|)enses in connection with military accounts not Military 

1 1 accounts. 

otherwise provided for, the sum of twenty-three dollars 
and sixty-three cents. 

For the compensation of officers and men of the vol- ^Jngation™' 
unteer militia, the sum of six hundred and twenty -three 
dollars. 

For the transportation of officers and men of the volun- Transportation. 
teer mihtia when on military duty, the sum of two hun- 
dred sixty dollars and eight cents. 

For expenses in connection with the finishing and fur- Lyman school 
nishing of certain buildings at the Lyman school for boys, °' °^^" 
the sum of thirteen hundrec\ eight dollars and twenty-five 
cents, the same to be paid out of the appropriation for 
current expenses of the present year. 

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

Approved May 14, 1901. 

An Act eelatr^e to houks of business in registries of deeds. (7/^^r).383 

Be it enacted^ etc., as follows: 

Section 1. Section one of chapter three hundred and amended ^^' 
twenty-seven of the acts of the year nineteen hundred is 
hereby amended by striking out in the sixth and seventh 
lines, the words "justices of the superior court", and 
inserting in place thereof the words : — county commis- 
sioners, — so as to read as follows: — Section 1. The Fixed hours to 
registry of deeds in each county shall be open a fixed lorTe'cordlng^ 
number of hours daily, except on Sunday and public ^e^gtries of 
holidays, for the receiving and recording of papers. The deeds. 
hours now fixed by the registers in each county shall con- 
tinue as the fixed hours herein prescribed until changed 
by order of the county commissioners, who shall have 
full power to fix such hours for the receiving and record- 
ing 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 con- 
spicuous places upon or near the entrance door or doors, 
and upon the walls or counters in each registry. 

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

Approved May 16, 1901. 



300 



Acts, 1901. — Chaps. 381, 385. 



OAaW.381: ^^ ^^'^ "^^ PROVIDE FOR THE RELOCATION AND AVIDENING OF THE 
OLD BRIDGE OR THE CONSTRUCTION OF A NEAV BRIDGE OVER THE 
APPONAGANSETT RIVER IN THE TOWN OF DARTMOUTH. 



Town of 
Dartmouth 
may reconstruct 
present liridge 
or construct a 
new bridge, 
etc., over 
Apponagansett 
river. 



Town may act 
by a committee 
of voters. 



May issue 
bonds, etc. 



Be it enacted, etc., as foUoics : 

Sectkw 1. The town of Dartmouth is hereby author- 
ized to widen the bridge over the Apponagansett river 
within the town of Dartmouth at the village of South 
Dartmouth, or to make such changes in the location of 
the present bridge and its approaches, and of any way 
leading thereto, or any part thereof, as in the judgment 
of the town pubhc necessity and convenience may require. 
The town may reconstruct the present bridge and ap- 
proaches or way, or may construct a new l^ridge and 
approaches and way, at such width in either case as in 
the judgment of the town public necessity and convenience 
require, subject to the provisions of chapter nineteen of 
the Public Statutes and of all other general laws applica- 
ble thereto. 

Section 2. In exercising the powers conferred by this 
act the town may act by a committee of its voters, of 
such number as the town shall determine, chosen at a 
meeting of the qualified voters of the town duly called 
for the purpose as provided by law 

Section 3 
the bridge under the provisions of this act shall be borne 
by the town of Dartmouth ; and for the purpose of 
paying the same the town may issue and sell l)onds or 
certificates of indebtedness, payable after a period not 
exceeding twenty years from their dates, and l^earing 
interest at a rate not exceeding six per cent per annum. 

Section 1. This act shall take effect upon its passage. 

Approved May 16. 1901. 



The cost of constructing or reconstructing" 



CIiCCV.SSd -^^ ■^^'^ "^^ INCORPORATE THE HAVERHILL AND PLAISTOW STREET 

RAILWAY COMPANY. 



Haverhill and 
Plaistow Street 
Railway 
Company 
incorporated. 



Be it enacted, etc., asfoHoios: 

Section 1. George C. Elliott, Essex S. Abbott, Lamont 
H. Chick, Charles H. Poor and Edmund B. Fuller, their 
associates and successors, are hereby made a corporation 
under the name of the Haverhill and Plaistow Street 
Railway Company, with all the powers and privileges 
.and subject to all the duties, Habilities and restrictions 



Acts, 1901. — Chap. 385. 301 

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 conBtruct, 
tain and operate its railway, with a single or double hfiiaverhiir*^ 
track, in such manner as may be convenient, in part 
upon private land acquired by purchase or lease, and 
upon streets, highways or state roads in the city of 
Haverhill, subject to the approval and control of the 
board of aldermen of said city as provided by general 
laws, and subject also to the approval of the Massachu- 
setts highway commission as to any part of said railway 
located upon a state highway. The location of said rail- Location. 
way 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 board of aldermen of said city, may 
erect within the city such poles and wires in the streets 
and highways as may be necessary to establish and main- 
tain such motive power. The company may acquire by May acquire 
purchase or lease all necessary real estate and water estaTeret'c.'^^ 
power for its power stations and other purposes incident 
to the proper maintenance and operation of its railway. 

Section 4. The capital stock of the company shall capital etocij. 
not exceed forty thousand dollars : provided^ that the Proviso. 
company may increase its capital stock, in accordance 
with the general laws. 

Section 5. Said company, in order to meet the ex- May issue 
penses incurred under this act, may issue bonds payable Sfndfl'ltc. 
within periods not exceeding -twenty years from the dates 
thereof, secured by mortgage of its franchise and prop- 
erty, in such amount as the board of railroad commis- 
sioners 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. 

Section 6. Said company is hereby authorized to use Maybeacom- 
its tracks for the transportation of passengers and their me^chandue"^ 
baggage, to be a common carrier of small parcels of '^"^- 



302 



Acts, 1901. — Chap. 386. 



Provisos. 



Authority to 
cease unless 
certain condi- 
tions are com- 
plied with. 



goods and merchandise, and to carry mails upon any 
street or highway, or over any private land upon which 
it may be authorized to construct its tracks as aforesaid : 
provided^ however^ that said company shall not so act 
until authorized so to do by the board of aldermen of 
said city; a.ndp7'ovided^fu7'fhe)\ 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 city ; and shall also be subject to the pro- 
visions 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 two miles of the proposed railway are not constructed 
and put in operation prior to the first day of December 
in the year nineteen hundred and two and if said railway 
is not constructed and in operation in the city of Haver- 
hill within four years from the granting of locations by 
the proper authorities. 

Skction 8. TMs act shall take effect upon its passage. 

Approved May 16, 1901. 



Town of Barre 
may invest 
certain money. 



Chctp.SSG ^^ ^^'^ "^^ AUTHORIZE THE TOWN OF BARRE TO INVEST MONEYS 
AVHICH IT MAY RECEIVE FROM SALE OF STOCK OF THE CENTRAL 
MASSACHUSETTS RAILROAD COMPAN'Y. 

Be it enacted, etc., as folloivs: 

Section 1. The town of Barre is hereby authorized 
to invest the money which it may receive from the sale 
of nine hundred shares of the stock of the Central Mas- 
sachusetts Railroad Company in bonds or notes issued 
by the Commonwealth, or by any county, city or town 
therein, or it may deposit such money in savings banks 
in this Commonwealth, or it may invest the money in 
any securities in which savings banks can lawfully invest, 
until the said town has by vote appropriated the proceeds 
of such sale or any part thereof to some other lawful 
purpose. 

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

Approved 3Iay 16, 1901. 



Acts, 1901. — Chaps. 387, 388, 389. 303 



An Act to authorize the boston institute ok osteopathy QJicirf. SS7 
TO receive dead bodies for dissection. 

Be it enacted^ etc. , as follows : 

Section 1. The Boston Institute of Osteopathy is The Boston 
hereby authorized, through its president or other officer, o" tJopa'thy may 
to make application for and to receive the bodies of dead bod^e^for'"^ 
persons, as if the said corporation were a medical school : 'I'ssecuon. 
provided, that it complies with the laws of the Common- Proviso. 
wealth relative to the promotion of anatomical science. 

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

Airproved May 16, 1901. 



Chcq^.SSS 



Clerical 
assistance. 



An Act to provide clerical assistance in the office of the 
treasurer op the county of middlesex. 

Be it enacted, etc., as folloios: 

Section 1. The county treasurer for the county of 
Middlesex shall be allowed for clerical assistance, in addi- 
tion to the amount now allowed by law, a sum not ex- 
ceeding three hundred dollars a year, from the first day 
of January in the year nineteen hundred and one, to be 
paid from the treasury of the county to persons who 
actually perform the work, provided the county commis- 
sioners of the county shall approve such payment. 

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

Approved May 16, 1901. 

An Act relative to restrictions upon the erection of elec- 
tric LIGHT wires. 

Be it enacted, etc. , as follows : 

Section 1. Section three of chaiiter three hundred and i887,382, §3 

I , etc., amended. 

eighty- two of the acts of the year eighteen hundred and 
eighty- seven, as amended by section one of chapter two 
hundred and seventy-four of the acts of the year eighteen 
hundred and ninety-two, is hereby further amended by 
striking out the word "and", after the word "manu- 
facture ", in the second line, and inserting in place thereof 
the word : — or, — so as to read as follows : — Section 3. Laying, ercct- 

T .J ' . , . 1 . , . ing, etc., electric 

in any city or town m which a company is engaged in iight wires in 
the manufacture or sale of electric light, no other person, andTo'Vill?'' 
firm or corporation shall lay, erect, maintain or use, over 
or under the streets, lanes and highways of such city or 



Chaj^.SSd 



304 



Acts, 1901. — Chap. 390. 



town, any wires for use in conveying electricity for light- 
ing, without the consent of the mayor and alderman of 
such city, or selectmen of such town, after a public hear- 
ing and notice to all parties interested. 

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

Approved May 16, 1901. 



Chcip.390 Ax Act kelative to the abolition of grade crossings in the 

CITY OF HAVERHILL. 



Changes may 
be made in 
bridge of 
Boston and 
Maine Railroad 
over the Merri- 
mac river in 
Haverhill, etc. 



Authority given 
for carrying out 
certain orders, 
etc. 



Be it enacted, etc. , as folloius : 

Section 1. The commissioners appointed by the su- 
perior court to consider the matter of the petition of the 
mayor and aldermen of Haverhill for the abolition of 
certain grade crossings within the limits of the city may 
in their discretion order in their report that any changes 
which they may deem necessary, in connection with the 
proper abolition of said grade crossings, in the bridge of 
the Boston and Maine Railroad over the Merrimac river 
in Haverhill shall be made, including any changes in the 
construction or elevation of the bridge, or they may find 
and order that the present bridge shall l)e moved to a 
new site, or a new bridge constructed in the present or 
on a new site, any such new site to be however within 
two hundred feet of the present site; and it shall be 
lawful for any court before which the report of said 
commissioners may come to order said report to be con- 
firmed, notwithstanding the ordering of any such changes 
or the ordering of the moving of the present bridge or 
the construction of a new bridge as aforesaid. 

Skction 2. Full authority is hereby given for the 
carrying out of any order or finding of the said commis- 
sioners, confirmed by the court, as to said bridge, includ- 
ing any changes in said bridge, the moving of the present 
bridge to a new site, or the construction of a new bridge 
m the present or a new site, and this act shall apply to 
the approaches to the bridge as well as to the bridge 
itself. 

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

Approved May 16, 1901. 



Acts, 1901. — Chap. 391. 305 



An Act relative to the ixspection and branding of the car- nhf.j^ Qoi 

CASSES OF animals SLAUGHTERED FOR HUMAN FOOD. ^ 

Be it enacted, etc., as foHoivs: 

Section 1. The carcasses of all animals slaughtered of'^certafn 
under the provisions of chapter four hundred and ninety- animals to be 

r.1 PI •! 1 II 1 • Stamped or 

one oi the acts oi the year eighteen hundred and ninety- branded, etc. 
four, and of all acts in amendment thereof, shall at the 
time of slaughter, if not condemned, be stamped or 
branded by the inspector thereof in like manner as those 
inspected by the United States bureau of animal indus- 
try for interstate trade : jjwvided, nevertheless, that in all Proviso, 
slaughtering estaljlishments where inspection and brand- 
ing are now carried on under the rules and regulations 
for the inspection of live stock and other products, estab- 
lished by the United States department of agriculture 
in accordance with present existing acts of congress, no 
further inspection and branding shall be required by the 
provisions of this act. 

Section 2. The stamps or brands for such purpose stamps or 
shall be designed and furnished by the board of cattle Sthedby 
commissioners to the board of health of any city or town f?"ie commiB. 
requiring the same. Such stamps shall be uniform in 
design throughout the state, excepting that they shall 
contain the name of the city or town in wdiich they are 
used. 

Section 3. The carcasses of all animals slaughtered carcasses of 

-, . 1 .. p , 1 • , T , certain animals 

under the provisions of this act, and not stamped or to be deemed 
branded as herein provided, shall be deemed unfit for foo*d, etc!''^'"*° 
human food, and shall not be sold or offered for sale 
within this Commonwealth. 

Section 4. Whoever sells, or offers for sale, or has Penalties. 
in his possession with intent to sell, a carcass or any part 
thereof required by law to be stamped or branded, which 
has not been stamped or branded as herein provided, 
shall be subject to the penalties prescribed by section 
fifteen of said chapter four hundred and ninety-one. 

Section 5. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Approved May 16, 1901. 



306 



Acts, 1901. — Chaps. 392, 393. 



(7/itt7).392 -^^ ■^^'^ '^^ ESTABLISH THE SALARY OF THE CLERK OF THE FOURTH 
DISTRICT COURT OF EASTERN MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The salary of the clerk of the fourth 
district court of eastern Middlesex shall be one thousand 
dollars a year, to be so allowed from the first day of 
January in the year nineteen hundred and one. 

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

Approved May 16, 1901. 



Clerk of fourth 
district court of 
eastern Middle- 
sex. 



(7Aa».393 -^^ -'^CT TO ESTABLISH A PART OF THE BOUNDARY LINE BETWEEN 
THE CITY OF MARLBOROUGH AND THE TOWN OF SOUTHBOROUGH. 



Part of 
boundary line 
between 
Marlborough 
and South- 
borough 
established. 



Be it enacted, etc. , as follows : 

Section 1. The following described line shall here- 
after be in part the dividing line between the city of 
Marlborough and the town of Southborough, viz. : — 
Beffinnino; at the bound standing one hundred feet south 
of a point on Brigham street fourteen hundred and fifty 
feet westerly from its junction with the main road con- 
necting Marlborough junction and Westborough, being 
in an open pasture on the south bank of a small stream 
and against the easterly face of a waU running southerly 
from Brigham street,"^ in latitude 42° 19' 35.21" and 
longitude 71° 33' 05.79", marked by a rough granite 
monument three and eight tenths feet in height and six 
inches by seven inches in section, lettered S M ; thence 
north 81° 16' east ninety-four hundred and sixty-five 
feet to a point on the large island in the Sudbury 
reservoir, in latitude 42° 19' 49.40" and longitude 71° 
31' 01.24"; thence south 68° 42' east twenty-four hun- 
dred and thirteen feet to a point on the "taking" line 
of the Sudbury reservoir, and in the present dividing 
line between Marlborough and Southborough, in latitude 
42° 19' 40.73" and longitude 71° 30' 31.32"; thence 
north 81° 54' east fifty- eight hundred and fifty feet to 
the corner of Framingham, Marlborough and South- 
borough, marked by a granite monument four feet in 
height and six inches by seven inches in section, lettered 
M F S, with a half inch drill hole in the top, standing 
on the northerly side of Edmands street, in latitude 42° 
19' 48.87" and longitude 71° 29' 14.21"; and the topo- 
graphical survey commission is hereby directed to file a 



Acts, 1901. — Chaps. 394, 395. 307 

plan of the same with the secretary of the Common- 
wealth. 

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

Approved May 16, 1901. 



Cha2J.S94: 



An Act to establish a part of the boundary line ijetween 

THE towns of carver AND WAREHAM. 

Be it enacted^ etc., as folloios: 

Section 1. The following described line shall here- Part of 
after be in part the dividing line between the towns of between carver 
Carver and Wareham, viz. : — Beginning at the corner erttt^shed?"" 
of Carver, Middleborough and Wareham, a rough granite 
monument marked C M W, in latitude 41° 49' 32.99'' 
and longitude 70° 46' 14.72", standing near the north- 
westerly corner of the barn on the farm of Harvey H. 
Garney on the easterly side of East street ; thence south 
40° 50' east twelve thousand two hundred and fifty-seven 
feet to Carver- Wareham 1, known as the "Tihonet cor- 
ner ", a rough granite monument marked C W, in latitude 
41° 48' 01.35" and longitude 70° 44' 28.92", standing in 
level woodland on the westerly side of the road lead- 
ing from Tremont to Shaky Bottom bridge, about seven 
hundred feet southwesterly from the house on Emulus 
Small's cranberry bog ; thence north 86° 06' east about 
sixty-three hundred and eighty-four feet to the corner of 
Carver, Wareham and Plymouth, a point in the channel 
of Wankinco river south 85° 40' west and about sixty feet 
distant from the witness mark, a rough granite moniunent 
marked C P W, standing on the east ])ank of the river in 
latitude 41° 48' 05.67" and longitude 70° 43' 04.04"; and 
the topographical survey commission is hereby directed to 
file a plan of the same with the secretary of the Common- 
wealth. 

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

Approved May 16, 1901. 



Cha2J.395 



An Act to authorize the avorcester and southbridge street 

RAILWAY company TO ACT AS A COMMON CARRIER OF BAGGAGE 
AND CERTAIN MERCHANDISE. 

Be it enacted, etc. , as follows : 

Section 1. The Worcester and Southliridge Street May act as a 

-i-> •! r^ !■ 1 1 !•<••, common carrier 

Kailway Company may capry fuel and snpphes tor its own of merchaudise, 
use, and may act as a common carrier of baggage, mer- *^'*^' 



308 



Acts, 1901. — Chap. 396. 



Provisos. 



chandise in small quantities, and farm produce, over its 
tracks in the towns of Southbridge, Chariton and Oxford : 
provided^ ]iov'evei\ that said company siiall not so act in 
any town until authorized so to do by the selectmen of the 
town; 3ind provided, further, that said company shall, in 
carrying baggage, merchandise and farm produce, be sub- 
ject to sucli 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 2. This act shall take effect upon its passage. 

Approved May 16, 1901. 



Chcip.SQG -^^^ -f^CT KELATH'E TO THE LABELLING OF CERTAIX ARTICLES OF 

FOOD AND DKINK. 



Size of type to 
be used, etc., in 
the labelling of 
certain articles 
of food and 
driuk. 



Specific labels 
may be ap- 
proved in 
certain cases. 



Certain labelled 
goods to be 
subject to laws 



Be it enacted, etc., as follows: 

Section 1. In every case where a statement of any 
of the ingredients is required by law to be announced 
upon the label of an article of food or drink, or of an 
article entering into food or drink, such statement and 
the name and address of the manufacturer or vendor of 
the article shall be distinctly and conspicuously printed 
on the label in straight, parallel lines of plain, uncon- 
densed, legible type, well spaced on a plain ground. The 
statement of ingredients shall be clearly separated from 
and not interspersed or confused with other matter, shall 
specify every such ingredient by its ordinary name, and 
shall be in the English language. The letters of said 
type shall be not less than one twelfth of an inch long, 
and shall be larger than those of any other printed 
matter on the label or package, except that the name 
of the compound or chief article enclosed therein may 
be in larger type. The required label shall be firmly 
attached to or printed on the exterior of the package or 
envelope of the said article, on the top or side thereof 
and in plain sight. 

Section 2. The state board of health may in writing 
approve specific labels not strictly in accordance with 
the provisions of section one, if they deem that the 
information required by law is set forth thereon clearly 
enough for the reasonable protection of the purchaser. 

Section 3. Except as otherwise provided in section 
two goods labelled in violation of section one hereof 



Acts, 1901. — Chap. 397. 309 

shall be subject to the same provisions of the laws rela- relative to 
tive to adulteration of food which would apply to them food, 
if unlabelled. 

Section -i. Within sixty days after the passage of heaith\Tma*ke 
this act the state board of health shall take such meas- P'oyisious of 

act known. 

ures as the board may deem suthcient to make the 
provisions of the act known to the persons who may be 
affected thereby. 

Section 5. Goods held in stock by retail dealers prior certain goods 
to the date of taking effect of this act, if proved to have '-'"''""p*" 
been so held, shall be exempt therefrom during the first 
year of the operation of this act. 

Section 6. This act shall be construed as in addition Tobeinaddi. 

1 , !• 11. _e ii tion to existing 

to and not as superseding or annuilmg any of the pro- lawe. 
visions of existing laws relative to the labelling of articles 
of food or drink. 

Section 7. Section four of this act shall take effect when to take 

effect. 

upon its passage, and the remainder of the act shall take 
effect on the first day of January in the year nineteen 
hundred and two. Aiiproved May 16, 1901. 

An Act relative to the number of avards and to the elec- (JJian.'SQl 

tion of COUNCILMEN in the city of CAMBRIDGE. 

Be it enacted, etc., asfolloivs: 

Section 1. Section two of chapter three hundred and g^gij^g^'^-' 
sixty-four of the acts of the year eighteen hundred and 
ninety-one is hereby amended by striking out the last 
two sentences and inserting in place thereof the follow- 
ing : — The qualified voters of the whole city shall elect 
from among their number the mayor and aldermen. In 
the year nineteen hundred and one, after the redivision 
of the city into wards according to section three of this 
act, the city council shall apportion two members of the 
common council to each ward, and the qualified voters 
of each ward shall elect from among their number the 
members of the common council to which it shall be 
entitled on such apportionment, — so as to read as fol- 
lows : — Section 2. The administration of the fiscal, Administration 

... 'of municipal 

prudential and municipal affairs of said city, and the affairs, etc. 
government thereof, shall be vested in a mayor and a 
city council, which shall consist of a board of aldermen 
consisting, until the municipal year beginning on the 
first Monday in January in the year eighteen hundred 



310 



Acts, 1901. — Chap. 397. 



Election of 
mayor, alder- 
men, etc. 



1891, 3&4, § 3, 
amended. 



Eleven wards. 



Apportionment 
of coimcilmen. 



When to take 
effect. 



and ninety- three, of ten members, and thereafter of 
eleven members, and a common council consisting of 
twenty members. Each branch shall sit separately, 
except when required to meet in joint convention by 
the provisions of this charter or by a concurrent vote. 
The qualified voters of the whole city shall elect from 
among their number the mayor and aldermen. In the 
year nineteen hundred and one, after the redivision^of 
the city into wards according to section three of this 
act, the city council shall apportion two members of the 
common council to each ward, and the qualified voters 
of each ward shall elect from among their number the 
members of the common council to which it shall ])e 
entitled on such apportionment. 

Section 2. Section three of said chapter is hereby 
amended by striking out the whole of said section and 
inserting in place thereof the following : — Section 3. 
In the year nineteen hundred and one the city shall 
be divided into eleven wards, the boundaries thereof to 
be determined and defined by the city council so as to 
include in. each ward, as nearly as may be, the same 
number of male voters, but without disturbing the 
boundaries of the existing representative districts as es- 
tablished by the county commissioners of the county of 
Middlesex. These boundaries so determined and defined 
shall be retained until the same shall be changed under 
the general law relating thereto. The apportionment of 
councilmen of the year nineteen hundred and one shall 
be retained until October in the year nineteen hundred 
and five. The city council shall in the month of October 
in the year nineteen hundred and five, and in every fifth 
year thereafter, apportion the members of the common 
council to the several wards as nearly as may be on the 
basis of male voters. 

Section 3. In the year nineteen hundred and one, for 
all elections held in the city, for all special elections 
held therein prior to the annual state election of the year 
nineteen hundred and two, and for the assessment of 
taxes in the year nineteen hundred and one, the wards 
shaU continue as they existed prior to the redivision 
mentioned in section two of this act and in section three 
of said chapter three hundred and sixty-four ; and for 
such purposes the election officers shall be appointed and 
hold office, and voting lists shall be prepared, and aU 



Acts, 1901. — Chap. 398. 311 

other things required by law shall be done, as if no 
redivision had been made. For all other purposes the 
new division shall take effect on the first day of May in 
the year nineteen hundred and one. 

Approved May 16, 1901. 



Cha2y.S98 



An Act to puovide for surveys and improvements for the 
preservation of harbors and for repairing damages occa- 
sioned by storms along the coast lke or river banks of 
the commonwealth. 

Be it enacted, etc., as follows: 

Section 1. The board of harbor and land commis- surveys, etc, 
sioners is hereby authorized to make surveys and im- ™?^pres^rvltion 
provements for the preservation of harbors and to repair °^ iiarbors, etc. 
damages occasioned by storms or other destructive agencies 
along the coast hne or river banks of the Commonwealth. 

Section 2. Said board may take, by purchase or Necessary land 
otherwise, in the name and behalf of the Commonwealth, may bl^taken, 
any land or materials necessary for making such improve- ^*''- 
ments or repairs. The manner of such taking and of 
determining the damages caused thereby, or by any other 
doings of said board under the provisions of this act, shall 
be that 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 powers like those 
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. There shall be allowed and paid out of Appropriations, 
the treasury annually a sum not exceeding ten thousand 
dollars, to be expended as may be necessary in carrying 
out the provisions of this act. 

Section 4. No contract made under authority of this contracts to be 
act shall be valid until approved in writing bv the governor governor a/d 
and council. ' «"'''''°"- 

Section 5. This act shall take effect upon its passage. 

Approved May 16, 1901. 



312 



Acts, 1901. — Chaps. 399, 400. 



OAft7).399 '^^ -^CT TO PROVIDE FOR THE FURTHER IMPROVEMENT OF LAKE 
ANTHOXY IN THE TOWN OF COTTAGE CITY. 

Be it enacted, etc., as follows: 

lXauZTd/^ Section 1. The board of harbor and land commis- 
in Cottage City, sioners is hereb}'' authorized to expend, in its discretion, 
a sum not exceeding five thousand dollars, for dredging 
and other necessary work for the improvement of Lake 
Anthony and the channel leading thereto, in the town of 
Cottage City ; this sum to be paid out of the annual 
harbor and river improvement and contingency appro- 
priation. 

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

Approved May 16, 1901. 

Chcip.4iOO ^^ *^< T HELATIVE TO FIRST ASSISTANT ASSESSORS OF THE CITY OF 

BOSTON. 

Be it enacted, etc., asfoUoivs: 

aesel^ori^or* Section 1. The first assistaut assessors of the city of , 
mem'etc^^"*"*' Boston shall be appointed for the term of three years, and 
shall be paid for their services such compensation as the 
city council of the city shall by ordinance establish. 

Section 2. Each of the said assessors shall annually, 
in his district, personally make investigation as to every 
person who has been assessed for a poll tax supplementa- 
rily to the original assessment, in accordance with the 
provisions of section twenty of chapter five hundred and 
forty-eight of the acts of the year eighteen hundred and 
ninety-eight, and shall, Avithin ten days after any such 
person was so assessed, report in writing to the assessors 
of Boston whether such person actually resided at the 
place at which he was so assessed upon the first day of 
May previous to the assessment, or upon some later day 
in May at least six months prior to the election at which 
he claims the right to vote. All such reports shall be 
open to the inspection of the public. 

Section 3. Any first assistant assessor who fails to 
perform any duty imposed by this act shall be punishable 
by fine not exceeding one hundred dollars. 

Section 4. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Approved May 16, 1901. 



ment, etc. 



Duties, etc. 



Penalty. 



Repeal. 



Acts, 1901. — Chaps. 401, 402. 313 

An Act i{elative to indexes in the registry of deeds for /^7,^,jt AQ't 

THE county of SUFFOLK. ^ 

Be it enacted, etc., as foUoivs : 

Section twenty-seven of chapter twenty-four of the p. s. 24, § 27, 
Public Statutes is hereby amended by striking out in '*™«°'^^'^- 
lines eight, nine and ten, the words "and in the per- 
formance of its duties said board shall not expend an 
amount in excess of such sum as may be authorized by 
the board of aldermen of the city of Boston ", so as to 
read as follows : — Section 27. In the county of Suffolk index commiB. 

■^ . Bioners in 

the powers and duties exercised m other counties bv the Suffolk county, 

^ , . . , . J J 1 J ' 1 • appointment, 

county commissioners according to the two preceding etc 
sections shall be exercised by a board of three index 
commissioners, one of whom shall annually be appointed 
by the justices of the superior court, or by a majority 
thereof, during the month of March, to hold office for 
the term of three years beginning with the first day of 
April following. The members of said board shall serve 
without pay. Any of said commissioners may be re- 
moved by the justices aforesaid for good cause shown, 
in the same manner as is provided for the removal of a 
register of deeds; and any vacancy in said board shall 
be filled by appointment by the justices aforesaid for the 
unexpired term. Approved May 16, 1901. 

An Act relative to the nomination and election of sena- z^/,^,^^ 402 

tors and members of state committees in the SUFFOLK "^ 

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

Section 1. Nomination papers of candidates for sen- Nomination, 
ator or member of the state committee for each of the etci.'^nthe"^""' 
Suffolk senatorial districts, to ])e nominated or elected fj'rfafdistrictB. 
by a political party, shall be signed by at least five regis- 
tered voters of each ward and of each town in the district, 
who shall be members of the poHtical party holding the 
caucus. Such candidate for senator shall be nominated 
and such member shall l)e elected ])y direct plurality vote 
in caucuses of the party held in every such Avard and 
town, and the person who in the aggregate of all the 
ballots cast at all such caucuses in each district for such 
candidate for senator shall receive the highest number of 
such votes shall be the candidate nominated, and the per- 



314 



Acts, 1901. — Chap. 402. 



Returns of 
results of 
ballots, etc. 



CanvaBBlng 
boards, how 
constituted. 



To meet and 
determine 
result, file 
certificate, etc. 



son who in the aggregate of all the ballots cast at all such 
caucuses in each district for such member shall receive the 
highest niunber of such votes shall be the member elected. 
The nomination paper of a candidate for member of a 
state committee shall state the street and number, if any, 
of his residence, and against the name of such candidate 
shall be printed on the ballot the street and number, if 
any, of his residence. 

Section 2. All such ballots, except those cast in the 
city of Chelsea, in the towns of Eevere and Winthrop, 
and in ward three in the city of Cambridge, and returns 
of the results of such ballots cast in all said districts, 
except as aforesaid, shall forthwith be returned to the 
election commissioners of the city of Boston, as ballots 
cast in elections in said city and returns relating thereto 
are returned ; and the clerks of the several caucuses in the 
city of Chelsea, in the towns of Revere and "Winthrop, 
and in ward three in the city of Cambridge shall make 
returns of the results of such ballots cast in said city, 
towns and ward, to the city and town clerks of their 
respective cities and towns on or before twelve o'clock, 
noon, of the day following the last day fixed by law for 
filing a petition for a recount of ballots, if no such petition 
has been filed, or, if such petition has been filed, on or 
before twelve o'clock, noon, of the day following the day 
upon which the ballots have been recounted and the results 
finally determined. For the purpose of tabulating and 
determining the results of all such l)allots and returns in 
the several Suffolk districts the chairman of the election 
commissioners of the city of Boston, the city clerk of 
the city of Chelsea, and the town clerks of the towns of 
Revere and Winthrop, shall constitute a canvassing board 
for the first district ; the election commissioners of the 
city of Boston and the city clerk of the city of Cambridge 
shall constitute such board for the second district; and 
the election commissioners of the city of Boston shall 
constitute such board for the remaining districts. Said 
canvassing boards shall meet for such purpose at the 
office of the election commissioners in Boston at ten 
o'clock in the forenoon of the Monday preceding the day 
on which certificates of nomination for senator are re- 
quired by law to be filed with the secretary of the Com- 
monwealth. Said canvassing boards shall tabulate and 
determine the results of all such ballots and returns, and 



Acts, 1901. — Chaps. 403, 404. 315 

each canvassing board shall certify to the facts required 
by law in certificates of nomination for senator, and 
shall hie such certificates with the secretary of the Com- 
monwealth on or before the Thursday provided by law 
for fihng such certificates of nomination, shall furnish 
to the members elected as aforesaid certificates of their 
election, and shall send to the secretary of the state 
committee of each political party holding such caucuses 
the names and residences of such members. The secre- 
tary of the Commonwealth shall place on the official 
ballots to be used at state elections the names of all 
candidates for senator nominated as aforesaid. 

Section 3. All provisions of law relating to the prep- certain pro. 
aration of nomination papers and Ijallots, to caucuses and [o^appiy .^ ^^"^ 
elections, to ballots cast at caucuses and elections, to re- 
counts of such ballots, and to certificates of nomination 
of candidates for senator, shall, so far as they are appli- 
cable and not inconsistent with this act, apply to the 
caucuses aforesaid, the Ijallots cast thereat, the returns 
relating to such ballots, the recounts of such ballots, and 
the certificates of nomination made as aforesaid. 

Section 4. This act shall take effect upon its passage. 

Approved May 16, 1901. 

An Act making an appropriation for the expenses of the nijfiq-. 40S 

STEAMER LEXINGTON, IN CHARGE OF THE MASSACHUSETTS DIS- ^ 

TRICT POLICE. 

Be it enacted, etc., as follows: 

The sum of seven thousand dollars is hereby appropri- Expenses of 
ated, to be paid out of the treasury of the Commonwealth Lexington. 
from the ordinary revenue, to meet the expenses for the 
year ending on the thirty-first day of December, nineteen 
hundred and one, of the steamer Lexington, which is 
under the charge of the chief of the district police and is 
used for the enforcement of the fishery laws of the Com- 
monwealth. Apjproved May 16, 1 901 . 

An Act relative to the filling of vacancies in delegations QJiar),4:04: 

TO CONVENTIONS IN CERTAIN CASES. 

Be it enacted, etc. , as follows : 

Section ninety-three of chapter five hundred and ^mendtd ^ ^^' 
forty-eight of the acts of the year eighteen hundred 
and ninety -eight is hereby amended by adding after the 



316 



Acts, 1901. — Chap. 405. 



Persons to be 
declared 
elected, etc. 

Delegates to a 
convention, tie 
vote, etc. 



word "vacancy ", in the last line of the first paragraph 
thereof, the words : — except that, where only one dele- 
gate or two delegates were to be elected, the delegate or 
the remaining delegate, as the case may be, shall fill such 
vacancy and notify the secretary of the convention of 
such action, — so that said paragraph shall read as fol- 
lows : — Section 93. The persons receiving the highest 
number of votes in a caucus shall be declared elected or 
nominated. If there is a tie vote for delegates to a con- 
vention, or a place unfilled in a delegation, or a vacancy 
occasioned by inability or neglect of a delegate elected to 
attend a convention, such vacancies shall be filled only 
by vote of the remaining members of the delegation at 
a meeting called for the purpose. Such meeting shall 
choose a chairman and secretary, and the secretary shall 
notify the secretary of the convention of the action taken 
relative to such vacancy, except that, where only one 
delegate or tAvo delegates were to be elected, the delegate 
or the remaining delegate, as the case may be, shall fill 
such vacancy and notify the secretary of the convention 
of such action. Approved May 17, 1901. 



ChapAOb ^^ Act relative to the ixcorporation of charitable corpo- 
rations OR HOMES FOR THE CARE AND SUPPORT OF MINOR 

children. 

Be it enacted, etc., as follows: 

Section 1. Before the secretary of the Common- 
wealth shall make and issue a certificate for the incor- 
poration of a charitable corporation or home for the care 
and support of minor children he may forward a state- 
ment to the state board of charity, giving a list of the 
names of the persons who have asked to be incorporated, 
the purpose of the organization as stated by the applicants, 
and all other facts which may be set forth in the appli- 
cation for incorporation. It shall be the duty of the state 
board of charity immediately to make an investigation 
as to the persons who have asked to be incorporated and 
as to the purposes of the incorporation, and any other 
material facts relating thereto ; and the said board shall 
forthwith make a report to the secretary setting forth 
all the facts ascertained by it. If in the opinion of the 
secretary of the Commonwealth it shall appear from the 
report of the board or otherwise, that the probable pur- 



Secretary of the 
Commonwealth 
may forward 
statement to 
Btate board of 
charity in 
certain cases of 
application for 
incorporaftion. 



State board of 
charity to in- 
vestigate, etc. 



Acts, 1901. — Chap. 406. 317 

pose of the formation of the proposed corporation is to 
cover any illegal business, or that the persons asking for 
incorporation are not suitable persons to have charge of 
minor children, from lack of financial ability or from any 
other cause, then the secretary of the Commonwealth '^^^'^.1°^ , 

' <.' . . certincates to 

shall refuse to issue his certificate and the organization i^e refused in 

. '^ certain cases. 

shall not be incorporated. 

Section 2. In case the secretary of the Commonwealth ^^Jg'to™''^ '"" 
shall refuse to issue his certificate the persons asking to superior court 

i: , , ^ in certain cases. 

be incorporated may appeal to the superior court, which 
shall hear the case and finally determine whether or not 
the certificate of incorporation shall be issued. 

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

Apjyroved May 17, 1901. 

An Act to authorize the to"\at^ of Norton to estaklish a QJi(nj^4.0Q 

SYSTEM OF AVATER SUPPLY OR TO CONTRACT FOR THE SUPPLY 
OF WATER. 

Be it enacted, etc., as foUoivs : 

Section 1. The town of Norton may contract either Town of Norton 
with the town of Mansfield or with the town of Attle- ™?tem of water 
borough to supply the town of Norton with Avater, or ^^pp^^' '**''• 
may supply itself and its inhabitants with w^ater, for the 
extinguishment of fires and for domestic and other pur- 
poses ; may establish fountains and hydrants and relocate 
or discontinue the same ; and may regulate the use of 
such water and fix and collect rates to be paid therefor : 
provided, however, that no source of water supply for Proviso. 
domestic purposes, or lands necessary for preserving the 
quality of such water, shall be acquired without the advice 
and approval of the state board of health. 

Section 2. The said town, for the purposes aforesaid, ^atere^reaT"'" 
may, within the limits of the town, take the Avaters of estate, etc 
Rumford, Wading and Canoe rivers, so-called, anfl their 
tributaries, and any Avater rights connected thercAvith, 
and may also take the Avaters of any wells within or near 
the Avatersheds of said riA^ers and tributaries; and may 
also take, by purchase or otherwise, and hold, any real 
estate, rights of Avay or easements necessary to construct 
and maintain aqueducts and other Avorks for collecting-, 
purifying, discharging, conducting and distributing Avater 
for the purposes aforesaid: provided, hovever, that the Proviso. 
toAvn shall not take, use or divert more than ten per 



318 



Acts, 1901. —Chap. 406. 



Description of 
real estate, etc., 
to be recorded. 



May erect 
structures, con- 
struct conduits, 
etc. 



Damages. 



Norton "Water 
Loan. 



cent of the water flowing in any of the rivers afore- 
said. 

Section 3. The said town shall, within sixty days 
after taking any of the waters, water rights, real estate, 
rights of way or easements aforesaid, otherwise than by 
purchase, file and cause to be recorded in the office of the 
registry of deeds for the northern district of the county 
of Bristol a description thereof sufficiently accurate for 
identification, with a statement of the purposes for which 
the same were taken, signed by the board of water com- 
missioners hereinafter provided for. 

Section 4. The town may excavate the land taken or 
held as aforesaid, and may erect thereon dams, buildings 
and other necessary structures, may procure and operate 
machinery, and may provide all other means necessary 
for carrying out the purposes aforesaid ; and may con- 
struct conduits, pipes and other works under or over any 
lands, water courses, railroads, and public or private 
ways, and along any such ways, in such a manner as 
not unnecessarily to obstruct the same ; and for all the 
purposes of this act the town may dig up any such lands, 
and, with the approval of the board of selectmen of the 
town in which the ways are situated, the said board of 
water commissioners may enter upon and dig up any 
such ways in such manner as to cause the least practicable 
hindrance to public travel. 

Section 5. Said town shall be liable for all damages 
to property sustained by any person by the taking of 
any land, water or water rights, or by constructing any 
aqueducts or other works, or by doing any other thing 
under authority of this act; and if any person so injured 
cannot agree with the water commissioners of the town 
upon the amount of the damages, the same shall be 
ascertained and recovered in the manner provided by 
law in the case of land taken for highways. 

Section 6. Said town may, for the purpose of paying 
the necessary expenses and liabilities incurred under the 
provisions of this act, issue from time to time, bonds, 
notes or scrip, to an amount not exceeding fifty thousand 
dollars. Such bonds, notes or scrip shall bear on their 
face the words, jSTorton Water Loan; shall be payable 
at the expiration of periods not exceeding thirty years 
from the dates of issu^ shall bear interest, payable semi- 
annually, at a rate not exceeding six per cent per annum. 



Acts, 1901. — Chap. 406. 319 

and shall be signed by the treasurer of the town and 
countersigned by the water commissioners hereinafter 
provided for. The town may sell such securities at 
public or private sale or pledge the same for money 
borrowed for the purposes of this act : provided, that no Proviso, 
such bonds, notes or scrip shall be sold for less than their 
par value. 

Section 7. The said town instead of establishing a to provide for 
sinking fund shall at the time of authorizing said loan m^nts o^n^ioan. 
provide for the payment thereof in such annual propor- 
tionate payments as will extinguish the same within the 
time prescribed in this act; and when a vote to that 
effect has been passed the amount required shall, without 
further vote, be assessed by the assessors of said town in 
each year thereafter until the debt incurred by said loan 
is extinguished. 

Section 8. The assessors of the town shall annually, separate tax to 

T • j_T J_^ !• J- ', be assesged on 

in accordance with tlie preceding section, assess a separate property within 

tax, to the amount provided for in the preceding section, belts!" ^°'^'^^°' 

upon all the taxable property contained within zones or 

belts, extending in width one thousand feet on each side, 

from the centre of any public, private or other way in 

which pipes or other structures for the conveyance of 

water have been laid and are in use under the provisions 

of this act, so that said zones shall be two thousand feet 

wide; and in length the said zones shall extend along 

the said ways, respectively, to a point three hundred feet 

beyond the last hydrant or other fixture on any such 

way from which water can be drawn for extinguishing 

fires. 

Section 9. The said town shall raise annually by Town to raise a 
taxation a sum which with the income derived from the twation"™ ^'^ 
water rates will be sufficient to pay the current annual »°""^iiy- 
expenses of operating its water works and the interest 
as it accrues on the bonds, notes or scrip issued as afore- 
said. 

Section 10. Whoever wilfully or wantonly corrupts. Penalty for 
pollutes or diverts any of the waters taken or held under w°ater*etc?^ 
this act, or injures any structure, work or other property 
OAvned, held or used by said town under the authority 
and for the purposes of this act, shall forfeit and pay to 
said town three times the amount of damages assessed 
therefor, to be recovered in an action of tort ; and upon 
conviction of any of the above Avilful or wanton acts shall 



320 



Acts, 1901. — Chap. 407. 



Water commis- 
sioners, elec- 
tion, terms, etc. 



To be trustees 
of sinking fund, 



Vacancy. 



When to take 
effect. 



be punished by a fine not exceeding three hundred dol- 
lars or by imprisonment for a term not exceeding one 
year. 

Section 11. The said town shall after its acceptance 
of this act, at a legal meeting called for the purpose, 
elect by ballot three persons to hold office, one until the 
expiration of three years, one until the expiration of two 
years and one until the expiration of one year from the 
next succeeding annual town meeting, to constitute a 
board of water commissioners; and at every annual .town 
meeting thereafter one such commissioner shall be elected 
by ballot for the term of three years. All the authority 
granted to the town by this act and not otherwise specially 
provided for shall be vested in said board of water com- 
missioners, who shall be subject however to such instruc- 
tions, rules and regulations as the town may impose by 
its vote. The said commissioners shall be trustees of the 
sinking fund herein provided for, and a majority of the 
commissioners shall constitute a quorum for the transac- 
tion of business relative both to the water works and to 
the sinking fund. Any vacancy occurring in the board 
from any cause may be filled for the unexpired term 
by the town at any legal town meeting called for the 
purpose. 

Section 12, This act shall take full effect upon its 
acceptance ])y two thirds of the voters of the town of 
Norton present and voting thereon at a legal town meet- 
ing called for the purpose within three years from its 
passage; but the number of meetings so called in any 
one year shall not exceed three ; and for the purpose of 
beinff submitted to the voters as aforesaid this act shall 
take effect upon its passage. Ajjproved May 17, 1901. 



Chan 407 -^^^ ^^"^ '^*^ establish the boundary line between the towns 

OF lynnfield and saugus. 

Be it enacted, etc., as follows: 

Boundary line Section 1. The followiuff dcscribcd line shall here- 

between Lynn- ,_..-. ,. , ^ , p-t oii 

field and saugus after bc the dividing line between the towns oi Lynnheld 
and Saugus, viz. : — Beginning at the corner of Lynn, 
Lynnfield and Saugus, marked by a rough boulder three 
feet in height and seven feet by seven feet by four feet 
at the base, lettered L S L D, and standing in a stone 
wall in woodland about one hundred feet west of the 



Acts, 1901. — Chaps. 408, 409. 321 

west shore of Walden pond, in latitude 42° 30' 06.15'' 
and longitude 71° 00' 43. 64" ; thence about north 78° 48' 
west about sixty- eight hundred feet to a point in the 
present dividing line between Lynnfield and Wakefield 
in the channel of Saugus river; and the topographical 
survey commission is hereby directed to file a plan of the 
same with the secretary of the Commonwealth. 

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

Approved May 17, 1901. 

An Act relative to imprisonment for non-payment of poll n],fi^x AC)Q. 

TAXES. ^ 

Be it enacted, etc. , as folloios : 

Section 1. Section eighteen of chapter three hundred isss.soo, §i8, 

. PI PI • 1 etc., amended. 

and ninety of the acts of the year eighteen hundred and 

eighty-eight, as amended by section one of chapter two 

hundred and forty-one of the acts of the year eighteen 

hundred and ninety-three, is hereby further amended by 

striking out the word "twenty", in the last line, and 

inserting in place thereof the word : — seven, — so as to 

read as follows: — Section 18. If a person refuses or Person may be 

neglects for fourteen days after demand to pay his tax, Mn-paymeut°of 

and the collector cannot find sufficient goods upon which * ^'°'' ^^^' 

it may be levied, he may take the body of such person 

and commit him to prison, there to remain until he pays 

the tax and charges of commitment and imprisonment, 

or is discharged by order of law. But a person im- imprisonment 

prisoned for non-payment of a poll tax shall not be seven days!'^ 

detained in prison more than seven days. 

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

Approved May 17, 1901. 



ChajjAOd 



An Act relative to the Atlantic mutual life insurance 

company. 

Be it enacted, etc. , as folloios : 

Section 1. The Atlantic Mutual Life Insurance Com- May establish 
pany, a corporation existing and doing business under capita'i!"etc. 
the laws of this Commonwealth, is hereby authorized to 
establish 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. 



Acts, 1901. — Chap. 410. 



Dividends. 



Reserve fund to 
be established. 



Sectiou"'tc. Section 2. At all elections of directors the number 

of directors elected shall be as provided in the by-laws 
of the corporation, and one half of the total authorized 
number of directors 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 stockholders or assured they shall cease to hold office 
as directors. 

Section 3. Whenever the net surplus of the corpo- 
ration shall be sufficient for the purpose the stockholders 
shall be entitled to an annual dividend of not over seven 
per cent. 

Section 4. After providing for risks, losses, incidental 
expenses and dividends as aforesaid, the directors shall 
set aside 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 the amount of such fund 
shall be sufficient for the purpose, and the guaranty 
capital shall be redeemed by an appropriation of surplus, 
when said surplus shall be in excess of three times the 
amount of said capital. 

Section 5. Upon the redemption and extinction of 
reaemption, ^^^ guaranty capital stock under the provisions of sec- 
etc, of guaranty tiou four of tMs act the dlrcctors shall be chosen by the 

caDital stock. •/ 

assured. 

Section 6. This act shall take effect upon its passage. 

Ajyproved May 17, 1901. 



Directors to be 
chosen by 
assured upon 
redemption, 



capital stock. 



ChcipAlO -A-N Act to authorize the city of chicopee to take an addi- 
tional WATER SUPPLY AND TO MAKE AN ADDITIONAL WATER 
LOAN. 

Be it enacted., etc. , as follows : 

Section 1. The city of Chicopee, for the purpose of 



City of 

Chicopee may ... - - 

take certain lucreasiug its watcT supply, may take, hold and convey 

waters, neces- . i i' i i • i n -.^t-it 

sary real estate, luto and through the City the waters of Wilhmansett 
brook, so-called, and any tributaries thereof, and may 
also take by pm^chase or otherwise and hold any rights 
of way, easements or real estate necessary for laying, 
constructing and maintaining pipes, aqueducts, water 
courses, reservoirs, dams, filter galleries and such other 
works as may be deemed necessary for collecting, purify- 



Acts, 1901.— Chap. 410. 323 

ing, storing, discharging, conducting and distributing said 
waters or for preserving the purity thereof: provided, P"""^*""- 
hoivever, that any lands taken for preserving the said 
waters or water supply shall not be more than one thou- 
sand feet distant from the same; and provided, furtJier, 
that water for domestic purposes and lands necessary for 
preserving the quality of the water shall be taken only 
with the advice and approval of the state board of health. 

Section 2. The city shall, within sixty days after Description of 
taking for the purposes of this act any lands, rights of recorded!'' "^ 
way, water rights, water sources or easements aforesaid, 
otherwise than by purchase, file and cause to be recorded 
in the registry of deeds for the county of Hampden a 
description thereof sufficiently accurate for identification, 
with a statement of the purposes for which the same 
were taken, which shall be signed by the mayor. 

Section 3, The city, for the purposes aforesaid, may city may con. 
construct and maintain aqueducts, dams, reservoirs, filter ducts, etc., 
galleries and other proper works ; may erect buildings fountaTns.^Jtc.*'' 
and machinery ; may make and establish such public 
fountains and hydrants as may from time to time be 
deemed proper, and may change or discontinue the same ; 
may regulate the use of water and estabhsh the rates to 
be paid therefor; and may collect the rates by process 
of law. The city may also, for the purposes aforesaid, 
carry any pipe, drain or aqueduct over or under any 
river, water course, railroad, public or other way, in such 
manner as not unnecessarily to obstruct the same, and 
may enter upon and dig up any such way for the pur- 
pose of laying down, maintaining or repairing any pipe, 
drain or aqueduct, and may do any other thing necessary 
and proper in executing the purposes of this act. 

Section 4. The city shall pay all damages sustained Damages, 
by any person or corporation by the taking of any land, 
right of way, water, water source, water right or ease- 
ment, or by any other thing done by the city under 
authority of this act. Any person or corporation sus- 
taining damages as aforesaid, and failing to agree with 
the city as to the amount thereof, may have them deter- 
mined in the manner provided by law in the case of land 
taken for laying out highways, on application at any 
time within two years from the taking of the property 
or the doing of other injury under authority of this act ; 
but no such application shall be entertained after the 



324 



Acts, 1901. — Chap. 111. 



Chicopec Public 
Water Supply 
Loan, 



Penalty for 
corruption of 
water, etc. 



expiration of two years from such taking or doing, No 
application for assessment of damages shall be made for 
the taking of any water or water rights, or for any 
injury thereto, until the water is actually withdrawn or 
diverted by the city under authority of this act. 

Section 5, For the purpose of paying the cost of the 
property purchased, taken or held by virtue of this act, 
and also for the purposes mentioned in chapter three 
hundred and eighty -four of the acts of the year eighteen 
hundred and ninety-two, the city of Chicopee may issue 
notes, bonds or scrip, to be denominated on the face 
thereof, Chicopee Public Water Supply Loan, to an 
amount not exceeding twenty-five thousand dollars in 
addition to the amounts heretofore authorized by law to 
be issued by the city for the same purpose. Such notes, 
bonds or scrip shall l)e issued upon the terms and condi- 
tions specified in said chapter three hundred and eighty- 
four, and sections eight and nine of that chapter shall 
apply, so far as is practicable, to the loan herein author- 
ized. 

Section 6, Whoever Avantonly or maliciously diverts 
any water taken or held pursuant to the provisions of 
this act, or corrupts the same, or renders it impure, or 
destroys or injures any dam, aqueduct, pipe, conduit, 
hydrant, machinery or other works or property held, 
owned or used by the city under authority of this act, 
shall forfeit and pay to the city three times the amount 
of the damages assessed therefor, to be recovered in an 
action of tort ; and on conviction of any of the wanton 
or malicious acts aforesaid may also be punished by fine 
not exceeding three hundred dollars or by imprisonment 
in the house of correction for a term not 
year. 

Section 



exceeding one 



This act shall take effect upon its passage. 
Approved May 17, 1901. 



Chap. 



Part of harbor 
line changed. 



411 -^ ^^"^ '^^ CHANGE A PART OF THE HARBOR LINE ON THE NORTH- 
ERLY SIDE OF CHAELES RIVER BELOW CHARLESTOWN BRIDGE. 

Be it enacted, etc. , as follows : 

Section 1, The harbor line on the northerly side of 
Charles river below Charlestown bridge is hereby changed 
and established as follows : — Beginning at the intersec- 
tion of the southwesterly side line of pier six of the 
Fitchburg Kailroad Company with the harbor line es- 



Acts, 1901. — Chaps. 412, 413. 325 

tablished by chapter four hundred and seventy-nine of 
the acts of the year eighteen hundred and ninety-seven, 
and thence running northeasterly six hundred and thirty- 
six feet to the pier and bulkhead line approved by the 
secretary of war on the seventh day of September in the 
year eighteen hundred and ninety-eight. 

Section 2. So much of chapter four hundred and Repeal, 
seventy-nine of the acts of the year eighteen hundred 
and ninety-seven as establishes a different line upon the 
frontage covered by this act is hereby repealed. 

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

Approved May 17^ 1901. 

An Act to authorize the Northampton and amherst street nf^nv^ 4I 9 

RAILWAY COIIPANY TO EXTEND ITS RAILWAY IX THE TOWNS OF ^ 

HATFIELD, AVHATELY AND DEERFIELD, AND TO INCREASE ITS CAPI- 
. TAL STOCK. 

Be it enacted, etc., as folloivs: 

Section 1. The Northampton and Amherst Street May extend us 

1 . ^ 1 • • J! 1 railway into 

Ranway Company may, subject to the provisions or the certain towns, 
general laws relating to street railways, extend its rail- 
way in the town of Hatfield and into the towns of 
Whately and Deerfield. 

Section 2. For the purpose aforesaid and for huild- Ma>Mncrea8eits 
ing and equipping its road upon locations which may be issue bonds, etc 
granted hereafter in the towns of Hatfield, Whately and 
Deerfield, the said company may increase its capital 
stock, and may issue stock and bonds in such amounts 
as the board of railroad commissioners shall approve in 
accordance with the provisions of the general laws relat- 
ing thereto : provided, however, that the capital stock p^^so. 
issued under the provisions of this act shall not be less 
than five thousand dollars for each mile of its track con- 
structed in the towns of Hatfield, Whately and Deerfield, 
and may be less than ten thousand dollars for each mile. 

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

Approved May 17, 1901. 

An Act to authorize the wachusett mountain state reser- QJf^^^y 423 

VATION COMJnSSION TO GRANT LOCATIONS TO STREET RAILWAY 
COMPANIES. 

Be it enacted, etc., as folloics: 

Section 1. The Wachusett mountain state reservation The wachusett 
commission shall have authority to grant locations, as ^^sen-ation " ^ 



326 



Acts, 1901. — Chap. 413. 



commission 
may grant 
locations to 
street railways. 
Hearing to be 
given, etc. 



Commission to 
have authority 
over location, 
etc. 



Share of tax 
paid Into 
treasury to be 
apportioned to 
the Common- 
wealth, etc. 



Street railway 
companies to 
have certain 
powers, duties, 
etc. 



provided herein, to street railways within the roads, 
parks and reservations under its control. 

Section 2. Said commission, upon petition of the 
directors of a street railway company, or of a majority 
thereof, for such location, shall give a hearing thereon, 
notice of the time and place of which shall be given to 
all persons interested at least fourteen days before the 
hearing, by publication in one or more newspapers pub- 
lished in each city or town in which the location peti- 
tioned for lies, and if none such is published then by 
publication in one or more newspapers published in each 
county in which the location petitioned for lies; and 
after the hearing, if in the opinion of the commission 
public necessity and convenience so require, it may 
grant such location, or any part thereof, upon such 
terms, conditions and obligations, and for such com- 
pensation, as the public interest and a due regard for 
the rights of the Commonwealth may require. Such 
locations shall be void unless accepted in writing by the 
directors of the railway company, or by a majority of 
them, within thirty days after receiving notice thereof. 

Section 3. Within the limits of the Wachusett moun- 
tain state reservation the Wachusett mountain state res- 
ervation commission shall have full authority over the 
location of any such railway, and over the method and 
manner of its construction, and of its kind of motive 
power, and generally shall have such control of its oper- 
ation and condition as said commission may deem reason- 
ably necessary to insure the safety and convenience of 
the public. 

Section 4. The share of the tax paid into the treasury 
of the Commonwealth by any street railway company 
operating hereunder which would under other provisions 
of law be apportioned to the city or town Avithin which 
its tracks laid hereunder are situated, shall be apportioned 
to the Commonwealth and credited by the treasurer to 
the sinking fund of the loan to which the expenditure for 
the road, park or reservation in wliich the tracks are 
located was charged. 

Section 5. All street railway companies operating 
hereunder shall remain subject to the duties, liabilities 
and restrictions imposed by other provisions of law not 
inconsistent herewith, and shall have the powers, duties 
and rights herein authorized, all of which shall be in 



Acts, 1901. — Chap. 414. 327 

addition to and in amendment of any charter or special 
provision of law or of the general laws under which 
such companies are organized. 

Section 6. This act shall take effect upon its passage. 

Approved May 17^ 1901. 

An Act relative to the location of street railways on z^?, „,,^ ^-i ^ 

TOWN roads which IT IS PROPOSED TO PLACE UNDER THE CON- "^ 

TROL OF THE MASSACHUSETTS HIGHWAY COMMISSION. 

Be it enacted, etc. , as folloics : 

Section 1. If the selectmen of any town and the Massachusetts 
president of any street railway company shall make m,^^So°™' 
application to the Massachusetts highway commission, tio'li*^e\'c^°of' 
and with the application shall submit satisfactory plans, street railways 
profiles and cross-sections of a road which the selectmen roads. 
of the town, or the county commissioners of the county 
in which the town lies, have in writing requested the 
Commonwealth to take charge of, the Massachusetts 
highway commission shall indicate on such plans and 
profiles a location and grade for the tracks of said street 
railway company. 

Section 2. If the Massachusetts highway commission Damages, cost 
consider the said road suitable for a state higlnvay, and «* e''ai''"g' etc. 
the said commission and the president of said street rail- 
way company shall agree as to the proportionate part of 
the cost of constructing it that shall be paid by the state 
and by the street railway company, then the Massachu- 
setts highway commission is authorized to pay, out of 
the sums appropriated for the construction and repair 
of state highways, the agreed upon proportionate part 
of the damages sustained by any person whose property 
is injured by the construction of such state highway, and 
of the cost of grading said road to the lines established 
by the Massachusetts highway commission. 

Section 3. Any highway graded under this act shall {^^,^f"i"hwa 
remain a town hig'hwav, subiect to all laws relating "ntii taken as 
thereto, until the said highway is taken charge of as a 
state highway by the Commonwealth. 

Section 4. This act shall take effect upon its passage. 

Approved May 17, 1901. 



328 



Acts, 1901. — Chaps. 415, 116. 



C%<Z7?.415 -^N Act to establish the salaky of the clekk of the police 

COURT OF NEWBUKYPORT. 

Be it enacted, etc., as folloivs : 

Section 1. The salary of the clerk of the police court 
of Newbury port shall be one thousand dollars a year, to 
be so allowed from the first day of January in the year 
nineteen hundred and one. 

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

Approved May 17, 1901. 



Clerk of police 
court of New- 
buryport. 



Road machinery 
owned by the 
Commonwealth 
to be managed, 
etc., by the 
Massachusetts 
highway com- 
mission. 



(7A«7?.416 An Act to give to the Massachusetts highway commission 

THE MANAGEMENT AND MAINTENANCE OF ALL ROAD MACHINERY 
0"\VNED BY THE COMMONWEALTH, AND TO PRO^^I)E FOR THE USE 
OF SUCH MACHINERY BY CERTAIN TOM'NS 

Be it enacted, etc., as follows: 

Section 1. All steam road rollers and other road 
machinery now owned by the Commonwealth or here- 
after acquired by authority of the general court shall 
be managed and maintained under the direction of the 
Massachusetts highway commission. The Massachusetts 
highway commission may engage competent engineers 
and mechanics to operate and keep said machines in 
repair, may purchase all needed materials and supplies, 
and may incur such other expenses as may be necessary 
to operate, maintain and transport said machines. 

Section 2. Upon the application of the selectmen or 
road commissioners of any town of not more than twelve 
thousand inhabitants the Massachusetts highway com- 
mission may furnish any such road machinery for use in 
building or repairing roads in that town. The expenses 
incurred under section one of this act shall be paid by the 
towns using said machines, as apportioned and directed 
by the Massachusetts highway commission. 

Section 3. Chapter five hundred and thirteen of the 
acts of the year eighteen hundred and ninety-six and 
section three of chapter three hundred and fifty-five of 
the acts of the year eighteen hundred and ninety-seven 
are hereby repealed. 

Section 1. This act shall take effect upon its passage. 

Approved May 17, 1901. 



May be 
furnished for 
use in certain 
towns. 



Repeal 



Acts, 1901. — Chaps. 417, 418, 419. 329 



An Act to extend the time fok petitioning fok damages (JJi(ip^4^^ 

UNDER THE ACT TO LIMIT THE HEIGHT OF BUILDINGS IN THE 
VICINITY OF THE STATE HOUSE. 

Be it enacted, etc., asfollotcs: 

Section 1. Section two of chapter four hundred and ^^gij^ed^^' 
fifty-seven of tlie acts of the year eighteen hundred and 
ninety-nine is hereby amended by striking out the words 
"one year", in the tenth line, and inserting in place 
thereof the words : — three years, — so as to read as 
follows: — Section 2. If and in so far as this act, or Damages under 
proceedings to enforce it, may deprive any person of height of buud. 
rights existing under the constitution, any such person of^^tet'ehoube! 
now owning land within the district above described, 
sustaining damages in his property by reason of tlie 
limitations of the height provided for in this act of any 
building on or to be placed on such land may recover 
from the Commonwealth such damages, as determined 
by a jury of the superior court for the county of Suffolk, 
on his petition therefor filed in the office of the clerk of 
said court within three years after the passage of this 
act, such determination and payment of the damages to 
be made under the same rules of law, so far as ap])licable, 
as govern the determination and payment of damages 
for the taking of hinds for highways in said city. 

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

Apjyroved May 17, 1901. 



ChcqjAlS 



An Act to establish the salary of the clerk of the police 
court of lynn. 

Be it enacted, etc., as folloics: 

Section 1. The salary of the clerk of the police court ^'^^^^°/^°"^® 
of Lynn shall be fifteen hundred dollars a year, to be so 
allowed from the first day of January in the year nine- 
teen hundred and one. 

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

Approved May 17, 1901. 



ChajyAld 



An Act to change the harbor line in boston harbor at 

JEFFRIES point, EAST BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The harbor line in Boston harbor at Jef- r-art ofharbor 

line at East 

fries Point, East Boston, is hereby changed and estab- BoBton estab- 

' » ^ D lished, etc. 



330 



Acts, 1901. — Chaps. 420, 421. 



Part of harbor 
line at East 
BoBton estab- 
lished, etc. 



Proviso. 



lished as follows : — Beginning at the Point I of the 
harbor line established by chapter forty-eight of the 
acts of the year eighteen hundred and eighty-two ; thence 
running southeasterly, in the prolongation of the line H-I 
of the said harbor line ten hundred and fifty feet ; thence 
deflecting to the left and running northeasterly about 
twenty- nine hundred feet to a point in the harbor line 
established by chapter two hundred and ninety-three of 
the acts of the year eighteen hundred and fifty-six, and 
therein described as in the northeasterly line of Everett 
street continued southeasterly, and distant sixteen hun- 
dred and ten feet from the southeasterly line of Jeffries 
street : jjro?nV/efZ, that no structure shall be licensed to 
encroach upon the channel within the harbor line hereby 
established without first providing a channel in substi- 
tution of the portion encroached upon, substantially as 
accessible as the one then existing. 

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

Approved May 17 ^ 1901. 



Ch(in.4:2iO -^^ -^CT TO LEGALIZE AND CONFIRM CERTAIN PROCEEDINGS OF THE 
ANNUAL TOWN MEETIN(J OF THE TOWN OF HROOKFIELD. 



Proceedings of 
town meeting 
of Brookfield 
coufirmed, etc. 



Be it enacted, etc., as foUoics: 

Section 1. The proceedings of the annual town meet- 
ing of the town of Brookfield held on the first day of 
April in the year nineteen hundred and one, and the 
election of toAvn officers thereat, shall not be invalid by 
reason of the omission in the warrant calling such meet- 
ing to specify by name all the offices to be filled at such 
meeting ; and the proceedings of said meeting are hereby 
legalized and confirmed, notwithstanding said omission 
in the warrant and notwithstanding any irregularities in 
the proceedings of the meeting, the result of said omis- 
sion. 

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

Approved May 17, 1901. 



ChC(,pA2\ ^^ ^^T RELATIVE TO THE CONSTRUCTION OF A NEW BRIDGE OVER 
THE CONNECTICUT RIVER BETWEEN THE CITY OF SPRINGFIELD AND 
THE TOWTS^ OF WEST SPRINGFIELD. 

Be it enacted, etc. , as folloios : 
m^f^n^Y Section 1. The special commission appointed under 

nefetc^^iu^"' ^^^^ authority of chapter four hundred and fifty-eight of 



Acts, 1901. — Chap. 421. 331 

the acts of the year nineteen hundred is hereby author- which certain 
ized to prescribe the manner in which the New York, Yo,k,°New^ 
New Haven and Hartford Railroad Company shall raise ^rriiruroad'^*' 
and alter the grade of its railroad at the point where said {;°'°Ji"e^or'''" 
railroad crosses or may cross the roadway of the easterly altered. 
approach to the new bridge which shall be selected by 
the said special commission, and that commission shall 
have authority to determine and prescribe within what 
reasonable time the grade of said railroad, tracks, grounds 
and buildings shall Ije so raised and altered. 

Section 2. After the grade of said railroad, tracks, raymontfor 
grounds and buildings has been altered and the work has damages'to 
been completed, as prescribed by the said special com- pany°.'"* *'°'"' 
mission, the commission shall determine the damages and 
expense to the New York, New Haven and Hartford 
Railroad Company caused by raising or changing the 
grade of its tracks, grounds and buildings, as prescribed 
by said commission under the authority of this act, and 
shall certify an itemized account of the same to the county 
commissioners of the county of Hampden, and shall also 
file a duplicate of the same with the clerk of the superior 
court of said county. The county commissioners of the 
county of Hampden, having received the report of the 
said commission, as hereinbefore provided in this section, 
shall audit and the county treasurer shall pay the just 
claims of said railroad company for such expense and 
damages, but under the restrictions and as provided in 
section two of said chapter four hundred and fifty-eight, 
as amended by section five of this act. 

Section 3. If said railroad company or any city or Damages may 
town in interest is aggrieved by the estimate and deter- aluryTu^certJin 
mination of damages or expenses sustained, as made by *"***• 
the special commission aforesaid, such company, city or 
town may have its damages assessed by a jury in the 
manner provided with respect to damages sustained by 
reason of the laying out of highways. 

Section 4. Section one of said chapter four hundred ^^^jj^fj^^ ^' 
and fifty-eight is hereby amended by striking out the 
words "and grade", in the fourteenth line, and by in- 
serting in the fifteenth line, after the word "bridge", 
the words : — and fix the grade of said bridge and ap- 
proaches, — and by striking out the word "four", in 
the twenty- seventh line, and inserting in place thereof 
the word : — six, — so as to read as follows : — Section 



332 Acts, 1901. — Chap. 421. 

bL^ronstructld 1- The coiinty commissioners of the county of Hampden 
cutriverbe'^*'' ^^® hereby authorized and required, within four years 
tween Hpnng- f rom the passag'e of tliis act, to construct and complete 

field and West , . i • i • i i i i /-. • 

Springfield, etc. a bridge, With suitable approaches, over the Connecticut 
river between the city of Springfield and the town of 
West Springfield. Three commissioners, no one of them 
being a resident of the county of Hampden, shall be ap- 
pointed by the supreme judicial court or by the superior 
court, or by any justice thereof, upon application by the 
county commissioners of the county of Hampden, or by 
any city, town or person in interest, which application 
shall be made in not less than three nor more than six 
months from the passage of this act, to select the site 
and locate the approaches of the said bridge, and fix 
the grade of said bridge and approaches. The said com- 
mission shall also apportion in the manner hereinafter 
provided, the expense of constructing the bridge and 
the approaches thereto. The said commissioners, having 
been duly sworn to the faithful and impartial discharge 
of their duties, shall give one or more hearings in the 
city of Springfield, of wliich due notice shall be given, at 
Avhich all parties in interest may be heard as to the site, 
location of approaches and grade most suitable for said 
bridge. After hearing such parties, inspecting the sites 
and approaches proposed, and taking any other steps 
which said commissioners may deem just and proper, 
they shall select a site and fix the grade and approaches 
for the said bridge, and, within six months from the 
date of their appointment, file their finding in the office 
of the clerk of the supreme judicial court or of the su- 
perior court for the county of Hampden. The said find- 
ing when accepted by the court shall be final and binding 
upon all parties. 

1900, 458 §2, Section 5. Section two of said chapter four hundred 

and fifty-eight is hereby amended by inserting after the 
word "approaches", in the eighteenth line, the words: 
— including the changing of the grade of the tracks of 
the New York, New Haven and Hartford railroad, — 
and by striking out the words ' ' one year from the pas- 
sage of this act ", in the last sentence of said section, and 
inserting in place thereof the words : — twelve months 
from the date of the appointment of said special commis- 

Apportionment siou, — SO as to read as follows : — Section 2. When 
the location, approaches and grade for said bridge have 



Acts, 1901.— Chap. 121. 333 

been determined and the finding- filed as above provided, ^/e^ji'^lTsc'^e^tc! 
the commission appointed under the authority of section 
one of this act shall, after due notice to all parties inter- 
ested, and one or more hearings in the city of Springfield, 
determine and decree what proportional part of the cost 
of said bridge, and of the approaches thereto, and all 
other expenses incurred under this act, including their 
own fees and what proportional amount of all the ex- 
penses of maintaining and repairing said bridge and its 
appurtenances, excluding the approaches, shall be borne 
and paid by said county of Hampden and by such towns 
or cities in said county as the said commissioners shall 
determine to be specially benefited by the construction 
of said bridge, and assess upon them the cost of construc- 
tion and maintenance, in such manner and in such pro- 
portions as they shall deem just : provided, however, that Proviso. 
any excess in the cost of constructing said approaches, 
including the changing of the grade of the tracks of the 
New York, New Haven and Hartford railroad, above 
the sum of one hundred thousand dollars, shall be borne 
and paid by the city of Springfield, They shall also 
determine and award how, by and to w^hom such pro- 
portional amounts shall be paid, and their determination 
and decree, or that of the major part of them, shall be 
made in writing and reported to the supreme judicial or 
to the superior court for the county of Hampden, and 
when the same is filed and accepted by said court it shall 
be final and binding upon all parties interested. The 
said finding and decree shall be filed not later than twelve 
months from the date of the appointment of said special 
commission. 

Section 6. Section three of said chapter four hundred woo, 458 §3, 

lop -I'l 1 Tii-1- amended. 

and fifty-eight is hereby amended by striking out the 

words "The easterly approaches", in the eleventh line, 

and inserting in place thereof the words : — The roadway 

of the easterly approach, — so as to read as follows : — 

Section 3. The bridge authorized by this act shall be a construction of 

substantial structure ; the roadway shall be not less than " ^^' ^ °' 

fifty nor more than fifty-seven feet wide, out of which 

provision shall be made for double street car tracks, and 

it shall be so built that it can be paved with brick or 

asphalt ; the f ootwalks shall not be less than six feet wide 

each; the piers shall be so located and the bridge so 

constructed that a draw can conveniently and economi- 



334 Acts, 1901. — Chap. 122. 

Construction of callj be placecl in the structure when required ; and the 
n ge, etc. p^r^^s of the bridge in this respect must be approved by 
the board of harbor and land commissioners. The road- 
way of the easterly approach to said bridge shall pass 
under the tracks of the New York, New Haven and 
Hartford Railroad Company at a suitable grade for the 
passage of vehicles and street cars, allowing fourteen feet 
in the clear under said tracks, and the design, dimensions 
and construction of the foundations of the piers and 
abutments of said bridge may be such, if the city of 
Springfield so requires, as to permit of the construction 
of piers and extension of the abutments thereof on the 
down stream or southerly side of the bridge, of sufficient 
length and form to admit of the convenient and safe 
placing of a pipe line and its supporting bridge, trusses 
or girders, for conveying water to the city of Springfield, 
and any increased cost caused thereby in the designs, 
dimensions and construction of the foundations of the 
piers and abutments of said bridge shall be determined 
by the contractor for the foundations and the county 
commissioners, and shall be paid by the city of Spring- 
field. 

Section 7. This act shall take effect upon its passage. 

Approved May 22, 1901. 

QJiaiyA^^ Ax Act kelative to fraternal keneficiary corporations. 
Be it enacted, etc., as follows: 

ficrary°corpora- Section 1. Seveu or more persons Avho are residents 

fcfrme™*^ ^^ ^^ ^^^^ Commonwcalth may form a fraternal beneficiary 
corporation for the purpose of providing for the payment 
of benefits in the case of death, sickness or disability, 
or of both death benefits and sick or disability benefits. 
The disability may be temporary or permanent and the 
result of sickness or of accident. Any educational, chari- 
table, benevolent or social purpose may be united there- 
with. 

ma^blumued. The membership may be limited to members of a par- 
ticular order, class or fraternity, or to the employees of 
towns or cities, or of the CommouAvealth, or of the 
federal government, or of a designated firm, business 
house or corporation, or to persons of the same occupa- 
tion. 



Acts, 1901. — Chap. 422. 335 

If its membership is not limited as above provided its Business to be 
business shall be conducted on the lodge system, with a iTdge^sj^'tem in 
representative form of government. certain cases. 

When conducted on the lodge system the incorpo- subordinate 
rators, their successors and associates, with the officers, cr'e'ited™"^ ^^ 
ex-presiding officers, and such persons as may be ad- 
mitted as representatives, shall be deemed a supreme or 
governing body, with power to create subordinate bodies 
by the grant of charters to applicants therefor, which 
charters may authorize those named therein to organize 
as a subordinate lodge and to admit members after its 
organization, in accordance with such ritual as the su- 
preme or governing body may prescribe. 

Section 2. The agreement shall state that the sub- ^i;*'.?X"n ""^ 
scribers thereto associate themselves Avith the intention 
of forming a corporation, the name of the corporation, 
the purpose for which it is formed, and the town or city, 
which shall be in this Commonwealth, in which it is 
located. The name shall be one not in use by an exist- Name, 
ing corporation, nor so similar as to be liable to be mis- 
taken therefor, and shall indicate that it is the name of a 
corporation. 

Section 3. The first meeting of the associates shall ^•"*"^«'®"°k- 
be called by a notice signed by one or more of the sub- 
scribers to such agreement, stating the time, place and 
purpose of the meeting; a copy of which notice shall, 
seven days at least before the day appointed for the 
meeting, be given to each subscriber or left at his usual 
place of business or place of residence, or deposited in 
the post office, postpaid, addressed to him at his usual 
place of business or residence. Whoever gives such notice 
shall make an affidavit of his doings, which shall be re- 
corded in the records of the corporation. 

Section 4. At such first meeting, including any neces- organization. 
sary or reasonable adjournment thereof, an organization 
shall be effected by the choice by ballot of a temporary 
clerk, who shall be sworn, and by the adoption of by- 
laws and the election by ballot of directors, president, 
treasurer and clerk, or other officers corresponding 
thereto, with powers and duties similar to those of such 
officers, and such other officers as the by-laws may pro- 
vide for; but at such election no person shall be eligible 
as a director or other officer who has not subscribed the 



336 



Acts, 1901. — Chap. 1:22. 



By-lawB may 
prescribe man- 
ner in which 
purposes shall 
be carried out, 
etc. 



Tenure of 
office. 



Provisos. 



Certificate and 
records to be 
submitted to 
insurance com- 
missioner. 



agreement of association. The temporary clerk shall 
make and attest a record of the proceedings until the 
clerk has been chosen and sworn, including a record of 
such choice and qualification. 

Section 5. The by-laws may prescribe, where no 
other provision is specially made, the manner in which 
and the officers, agents and committees by whom the 
purposes of the corporation shall be carried out; the 
officers and elective members of standing committees, 
who may be ex officiis directors or other officers corre- 
sponding thereto ; the method of calling its meetings and 
the notice thereof that shall be given ; the right of attend- 
ance, individual or representative, at its meetings; the 
assessments and benefits in case of disability or death, 
and the conditions upon which the same shall be paid; 
the amount which shall be deemed one full individual 
assessment for the respective funds and for calls for 
fractional parts thereof; and the loss or forfeiture of 
membership and benefits; and may provide for the 
amendment of the by-laws from time to time, and may 
include such other provisions as the corporation may 
deem proper. 

Section 6. Officers chosen as required in section four 
shall hold office until the next meeting of the corporation 
for the election of officers, the date of which, within two 
years of the time of organization, shall be prescribed by 
the by-laws. At the said meeting, and thereafter at least 
biennially, the officers shall be chosen, and shall hold 
office until their successors are elected and qualified : 
provided, however, that standing committees or boards 
having prescribed duties under the by-laws, including 
those the members of which are by such by-laws made 
directors or other officers corresponding thereto, may 
be constituted by the election of one or more members 
thereof annually, to serve for a period not exceeding three 
years under any one election ; and provided, further, that 
no person shall be elected or appointed to an adminis- 
trative position for more than three years at any one 
election or appointment. 

Section 7. The president, secretary, and a majority 
of the directors, or other officers corresponding thereto, 
shall forthwith make, sign and swear to a certificate 
setting forth a true copy of the agreement and declara- 
tion of purpose of the association, with the names of the 



' Acts, 1901.— Chap. 422. 337 

subscribers thereto, the date of the first meeting, and of 
the successive adjournments thereof, if any, and shall 
submit such certificate and the records of the corporation 
to the insurance commissioner, who shall make such ex- 
amination and require such evidence as he deems neces- 
sary ; and if it appears that the purposes and proceedings certificate to 
of the corporation conform to the law he shall so certify, office^ofThe ^ 
and the certificate shall then be filed by said officers in the co^mmon. 
the office of the secretary of the Commonwealth, who, wealth, etc. 
upon payment of a fee of five dollars, shall cause the 
same, with the indorsements, to be recorded, and shall 
thereupon issue a certificate in the following form : — 



COMMONWEALTH OF MASSACHUSETTS. 

Be it known that whereas [here the names of the sub- fa°t™o'*be^'^*^' 
scribers to the agreement of association shall be inserted 1 issued by the 

.-,", .,,. . j?p secretary of the 

have associated themselves with the intention oi form- commonwealth. 
ing a corporation under the name of [here the name of 
the corporation shall be inserted], for the purpose [here 
the purpose declared in the agreement of association shall 
be inserted], and have complied with the provisions of 
the statutes of the Commonwealth in such case made and 
provided, as appears from the certificate of the officers of 
said corporation, duly certified by the insurance commis- 
sioner and recorded in this office : now, therefore, I [here 
the name of the secretary shall be inserted], secretary of 
the Commonwealth of Massachusetts, do hereby certify 
that said [here the names of the subscribers to the agree- 
ment of association shall be inserted], their associates 
and successors,- are legally organized and established as, 
and are hereby made a corporation, under the name of 
[here the name of the corporation shall be inserted], 
with the powers, rights and privileges, and subject to the 
limitations, duties and restrictions w^hich by law apper- 
tain thereto. Witness my official signature hereunto 
subscribed, and the seal of the Commonw^ealth of Massa- 
chusetts hereunto affixed, this day of in the 
year . [In these blanks the day, month and 
year of the execution of the certificate shall be inserted. ] 

The secretary shall sio;n the same and cause the seal of certificate to be 

J n 11. evidence of 

the Common Avealth to be affixed thereto, and such cer- existence of 
tificate shall be conclusive evidence of the existence of '^°''p°''* °°" 
such corporation at the date of the certificate. He shall 



338 



Acts, 1901. — Chap. 422. 



Not to do busi- 
ness until cer- 
tificate is re- 
ceived from 
insurance com 
mlBeiouer. 



Provieoe. 



also cause a record of such certificate to be made, and a 
certified copy of such record may be given in evidence, 
with like effect as the original certificate. 

Section 8, No corporation hereafter organized as 
aforesaid to conduct business as a fraternal society on 
the lodge system, or limiting its membership to a par- 
ticular order or fraternity, shall incur any liabihty or 
issue any benefit certificate until it has received from the 
insurance commissioner a certificate to the effect that it 
has complied with all the requirements of law and is duly 
authorized to transact business in this Commonwealth: 
provided, however, that the above provisions of this sec- 
tion shall not apply to any corporation confining its mem- 
bership to that of any particular order or fraternity in 
any one county, or to any one lodge of such order or fra- 
ternity. Before such certificate is granted the corpora- 
tion must present satisfactory evidence to the insurance 
commissioner that at least five hundred persons have each 
paid one advance assessment for its mortuary or disability 
business, or both if such business is combined, at its estab- 
lished rates, and have become bona fide members of the 
corporation. If such corporation is a fraternal society 
on the lodge system, paying a death benefit, then it must 
also show that it has established mortuary assessment 
rates which are not lower than those now indicated as 
necessary by the ' ' National Fraternal Congress Mortality 
Tables": provided, however, that this requirement shall 
not apply to any fraternal beneficiary corporation Avhich 
confines its membership to the employees of towns or 
cities, or of the Commonwealth, or of the federal gov- 
ernment, or of a designated firm, business house or cor- 
poration, or to persons of the same occupation. 

Section 9. Any domestic corporation subject to the 
provisions of this act may, with the consent of the insur- 
ance commissioner, upon application to the commissioner 
of corporations, change its name under the conditions 
and in the manner prescribed in chapter three hundred 
and sixty of the acts of the year eighteen hundred and 
ninety-one and acts in amendment thereof. 

Section 10. Any domestic corporation subject to the 

i5ommonweaith. provisious of this act may hold its annual meetings in 
any state, in the District of Columbia, or in any province 

Proviso. jjj ^j^g Dominion of Canada : jvovided, that in such state, 

district or province it has one or more local branches; 



Names of cer 
tain corpora- 
tions may be 
changed. 



May hold meet- 
ings outside the 



Acts, 1901. — Chap. 422. 339 

and its acts at such meetings shall have the same effect as 
if done within this Commonwealth. 

Section 11. Any corporation duly oro-anized and certain corpo- 

•J L ^ i/ _ O _ rations may 

transacting business under this act which conducts its pay sick or 

,. p, 1 -i ,111 , death benefits, 

business as a iraternal society on the lodge system, or etc. 
which limits its certificate holders to a particular order, 
class or fraternity, or to the employees of towns or cities, 
or of the Commonwealth, or of the federal government, 
or of a designated firm, business house or corporation, or 
to persons of the same occupation, may make provision 
for the payment of benefits in case of death, or in case 
of sickness or disability, or for both death benefits and 
sick or disability benefits. The funds from which the 
payment of such benefits shall be made shall be derived 
only from assessments collected from the members, ex- 
cept as is otherwise provided in this section and in section 
fourteen of this act. The fund from which the expenses 
shall be defrayed may be derived from a per capita tax, 
dues or expense assessments. Such provisions, funds, 
assessments and payments shall be as required and pro- 
vided for in the by-la^ts of the corporation. Such death J° '^ii°™/'!f*'* 

, " 111 benentB shall 

beneht shall be payable only to the husband, wife, afR- be payable. 
anced husband, affianced wife, child by legal adoption, 
parent by legal adoption, relatives of or persons depend- 
ent upon the member named in the benefit certificate : 
provided, hoiceve)\ that in any instance where a benefit Provisos, 
certificate has been issued in accordance with the above 
provisions and the beneficiary therein named and the 
husband, wife, affianced husband, affianced wife, child, 
child by legal adoption, parent, parent by legal adoption, 
or persons dependent upon the member named in the 
benefit certificate have all died, the member, with the 
consent of the officers of the corporation and under such 
rules as they may prescribe, may have the certificate 
transferred to any other person ; and j)rovided, further, 
that the benefit certificate shall, in effect, provide that if 
the death of the member therein named shall occur when 
one full assessment on each member would not amount 
to the face sum of the maximum certificate of such cor- 
poration, then the amount paid the beneficiary thereunder 
shall not exceed the amount of such full assessment or 
the proportionate part thereof which said face sum named 
in such certificate bears to such maximum certificate, but 
this restriction shall not apply to a corporation which 



34:0 



Acts, 1901. — Chap. 422. 



Membership. 



Meetings. 



Incorporators, 
officers, etc., 
may be mem- 
bers. 



May hold as a 
death fund an 
amount not ex- 
ceeding three 
assessments, 
etc. 



Proviso. 



Death fund, 
etc., to be in- 
vested in cer- 
tain securities, 
etc. 



confines its membership to the permanent employees of 
towns or cities, or of the Commonwealth, or of the fed- 
eral government, nor to a corporation having an emer- 
gency or reserve fund, until such fund shall have been 
exhausted. 

Any such corporation which conducts its business as a 
fraternal society on the lodge system shall have a ritual- 
istic form of work ; and no person shall be admitted to 
membership therein unless he has first made a written 
application therefor, and has been initiated in, and has 
become a member of, a local branch of such corporation. 

The by-laws of such corporation shall provide that 
meetings of said branches shall be held at least once 
each month. 

The by-laws may provide that, in addition to represent- 
atives chosen by the grand or subordinate bodies, the 
incorporators, officers, members of standing committees, 
and the ex-presiding officers of the supreme or governing 
body, may be members thereof. 

Section 12. Any corporation organized under or con- 
ducting its business in accordance with the provisions of 
this act may hold as a death fund belonging to the bene- 
ficiaries of anticipated deceased members an amount not 
exceeding three assessments from a general or unhmited 
membership, or an amount not exceeding in the aggregate 
three assessments from each limited class or division of 
its members; and in addition thereto may create, collect, 
maintain, disburse and apply an emergency fund in accord- 
ance with its by-laws, not however at any time exceed- 
ing in amount collected from its members five per cent 
of the agffre^ate face value of all its benefit certificates 
then outstanding. If any part of such fund payable by 
a member under such by-laws remains unpaid at his de- 
cease the same may be deducted from the amount pay- 
able to his beneficiary or beneficiaries : provided, ho^uever, 
that any decrease in such face value shall not require a 
corresponding diminution of such emergency fund. The 
emergency fund shall be used only for the payment of 
death or disabihty benefits. The death fund while held 
in trust shall be invested in securities in which insurance 
companies are allowed by law to invest their capital, or 
deposited in safe banking institutions subject to sight 
drafts, for distribution to the beneficiaries aforesaid. 
Whenever the death fund shall exceed above all known 



easiirer of 
minou- 



Acts, 1901.— Chap. 422. 341 

liabilities the amount of three assessments as aforesaid the 
excess shall be transferred to the emergency fund. The 
emergency fund shall be invested in securities in which 
insurance companies are allowed by law to invest their 
capital, but a part thereof, not exceeding twenty per 
cent, may be invested in a building for use and occupancy 
by the corporation as its home office, within this Com- 
monwealth. Such securities, if registered or recorded, jepoSwitif 
shall be taken and stand in the name of the corporation, JJj^[ve 
and all the securities in which the emergency fund is wealth, etc 
invested shall be deposited with the treasurer of the 
Commonwealth ; but the corporation shall have at all 
times the right to exchange any part of said securities 
for others which said treasurer may determine to be of 
equal value and character. No part of said securities 
shall be withdrawn except upon a requisition signed Ijy 
three fourths of the directors or executive committee, or 
other officers corresponding thereto, and indorsed by the 
insurance commissioner, setting forth that the same is to 
be used for the purposes of the trust; provided, hcncever, ProviBos. 
that the income from such securities shall be paid to the 
corporation for the uses of the fund as specified in the 
by-laws, and provided, further, that no sale, assignment, 
release, discharge or surrender of said securities t6 or in 
favor of any obligor, mortgagor or other person, shall be 
valid or of any effect against the corporation owning the 
same, unless the original papers which constitute or are 
the evidence of said securities are transferred or sur- 
rendered to the person entitled thereto, except in case 
of the actual loss or destruction thereof. 

Section 13. No part of the death, disability or emer- Funds to be 
gency funds herein provided for shall be used for any prescribed"' 
purposes other than those specifically prescribed in this p"'"p°*''^> ^*'=- 
act, and no assessment for the disability fund shall be 
called while there remains on hand of such fund an 
amount equal to that received from three assessments : 
provided^ hoivever, that payments for total permanent Proviso, 
disability may be made from the death fund if made in 
a single payment. 

No contract under this act shall be valid or legal which [ioj;*f/"o,"t"rlct9 
shall be conditional upon an agreement or understand- not valid, etc. 
ing that the person to whom the death benefit is made 
payable shall pay the dues and assessments, or either of 
them. Death, disability and expense assessments may be 



342 



Acts, 1901. — Chap. 422. 



ProviBo. 



Transfers may 
be made from 
expense fund. 

May receive 
and hold gifts, 
bequestB, etc. 



Certain corpo- 
rations may 
contribute to 
the support of 
a supreme 
body, etc. 



May pay death 
benefits, etc. 



Proviso. 



called together : provided^ that the proportion to be used 
for either purpose shall be distinctly stated and the 
amount received for each fund shall be held and used only 
in the manner heretofore specified. 

Any sum may be transferred from the expense fund to 
any other fund by vote of the directors. 

Section 14. Any domestic corporation subject to the 
provisions of this act, in addition to the revenues in this 
act provided for, may receive and hold gifts, bequests 
and moneys from other sources, which shall be placed 
and held in a separate fund ; subject however to transfer 
in accordance with its by-laws to other funds herein 
authorized. 

Section 15. Any corporation organized under or con- 
ducting its business in accordance with the provisions of 
this act which now is, or the members of which now form, 
a part or jurisdiction of one general order or fraternity, 
conducted on the lodge system and paying only death, 
sick, disability or old age benefits, and having a common 
name and ritualistic ceremonies, and which corporation 
is in affiliation with the supreme or governing body of 
such order or fraternity, may continue to affiliate with 
and contribute to the support of such supreme body 
undei*the methods and laws now existing, or which may 
by both said corporation and supreme body hereafter be 
adopted ; and in addition to the other rights and author- 
ity conferred by this act may make provision either by 
assessments or through its other funds for, or for the 
payment of, and may pay death benefits to or for the 
beneficiaries of deceased members of such order or fra- 
ternity, holding ])enefit certificates issued not by said 
corporation but by said supreme body or by one of the 
grand or subordinate bodies thereof, organized or incor- 
porated elsewhere than in this Commonwealth, under an 
arrangement or agreement with said supreme l)ody and 
in compliance with laws or rules thereof, whereby said 
corporation may afford relief and aid by payment of or 
for such death benefits as aforesaid, or itself receive simi- 
lar payments for relief and aid to the beneficiaries of its 
deceased members as the case may require and as such 
laws and rules provide : ^;rov«7efZ, however^ that this au- 
thority shall not be construed to permit the payment of 
benefits other than those arising from death. 



Acts, 1901. — Chap. 422. 343 

Section 16. Any corporation organized under or con- certain corpo- 
ducting its business in accordance with the provisions of makethTeY 
this act, and which has no per capita tax or dues payable ye^/fOT^"** ^^'^ 
to the supreme or governing body for expenses, may expensea. 
make assessments not exceeding three per year, to meet 
its reasonably necessary expenses. The jiurjiose of such 
assessments shall be clearly stated in calls therefor, and 
no expense assessment shall be called wlule the amount 
of one assessment remains on hand. 

Any corporation organized as aforesaid which limits certain corpo- 
its membership to the permanent employees of towns or pay^annuiUcB, 
cities, or of the CommouAvealth, or of the federal govern- ®**'* 
ment, and which does not pay death benefits, may pay ' 
annuities or gratuities contingent upon disability or long 
service, and may fix the amount of the annual assessment 
therefor. 

Any corporation may reinsure with or transfer its May reinsure 
membership, certificates or funds, to any other corpora- us membe^nhip^ 
tion or organization authorized to do business in this co^rporauo'^^t" 
Commonwealth. The agreement of transfer or re-insur- «*«• 
ance must first be submitted to and approved by a two 
thirds vote of the certificate holders of each corporation 
or organization present at meetings called to consider the 
same, of which meetings written or printed notice shall 
be mailed to each certificate holder at least thirty days 
before the day fixed for the meeting, and such agreement 
shall not take effect until a certified copy thereof is filed 
with the insurance commissioner. The members of fra- Members not to 
ternal beneficiary corporations shall not vote by proxy Ixctpt^at ce^^ 
except at meetings called to consider the agreements of g^j." ™®*'*i'^s8, 
transfer aforesaid, and then not unless the instrument 
appointing the proxy is filed with the secretary of the 
corporation at least fifteen days before the day fixed for 
the meeting. 

Section 17. Any fraternal beneficiary corporation, or certain corpo- 
any association that limits its membership to a particular may pVdeath 
order, class or fraternity, or to the employees of towns benefite'etc. 
or cities, or of the Commonwealth, or of the federal 
government, or of a designated firm, business house or 
corporation, or any secret fraternity or order, or any ex- 
isting purely charitable association or corporation, which 
pays a death or funeral benefit not exceeding two hun- 
dred dollars, or disability benefits not exceeding ten dol- 



344 Acts, 1901.— Chap. 422. 

lars a week, or both, and Avhich is not conducted as a 
business enterprise or for profit, is hereby authorized to 
transact in this Commonwealth such business without 
otherwise conforming to the provisions of this act. 
underlvhfch Section 18. Fraternal beneficiary corporations or- 

fmtera/rbeife" g^uized uudcr the laws of another state or of the 
ficiary corpo- Dominion of Canada or any province thereof, and pay- 
rations may do . ii'i'i-, 11,11 ■/-. 1 - 
business in this ing ouly disability and death benefits, and now transact- 
^^ommonwea , ^^^ ^^ ^^^^ Commou Wealth the business defined in this act, 
may continue such business upon complying with the 
provisions of this act ; and any such corporation not noAv 
doing business in this Commonwealth may be admitted 
to do such business Avhen it files with the insurance com- 
missioner a duly certified copy of its charter and articles 
of association, and a copy of its constitution or laws cer- 
tified by its secretary or corresponding officer, together 
with the appointment of such commissioner as the person 
upon whom process shall be served as hereinafter pro- 
vided, and a statement under oath of the president and 
secretary in the form required by such commissioner of 
its business for the preceding year, provided that such 
corporation is shown to be authorized or permitted to do 
business in the state or in the Dominion of Canada or 
any province thereof in which it is incorporated or organ- 
ized, and provided that similar corporations organized 
under the laws of this Commonwealth are authorized to 
do business in such state or in the Dominion of Canada 
or any province thereof. When any other state or the 
Dominion 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 corpora- 
tions of such state or of the Dominion of Canada or any 
province thereof doing business in this Commonwealth. 
The transaction of the business defined in this act by any 
corporation, association, partnership or individuals, un- 
less organized, continuing or admitted as provided herein. 
Proviso. ig forbidden : provided, hoicever, that no such corporation 
not now doing business in this Commonwealth shall here- 
after be admitted to do such business in this Common- 
wealth unless it shall have adopted and have in force 
mortuary assessment rates which are not lower than 
those now indicated as necessary by the " National Fra- 
ternal Congress Mortality Tables." 



Acts, 1901. — Chap. 422. 345 

Section 19. Every corporation doing business under Annual report 
the foregoing provisions sliall annually on or before the ineifrMce com. 
first day of February report to the insurance commissioner '^i'*^*^"^'- 
the location of its principal office in this Commonwealth, 
and the names and addresses of its president, secretary 
and treasurer, or officers corresponding thereto ; and shall 
make under oath such statements of its membership and 
financial transactions for the year ending on the preced- 
ing thirty-first day of December, Avith other information 
relating thereto as said commissioner may deem neces- 
sary to a proper exhibit of its business and standing ; and 
the commissioner may at other times require any further 
sworn statement relating to any such corporation which 
he may deem necessary. For good cause shown the 
commissioner may extend the time within w4iich any 
annual statement may be tiled, but not to a date later 
than the first day of March. Such statement shall be 
subscribed and sworn to by the president and secretary 
of the corporation, or officers corresponding thereto. 
For wilfully making; a false statement, whether annual Penalty for 

»' O " making false 

or otherwise, which it is required by law to make, the statement, etc. 
corporation and the persons making oath to or subscrib- 
ing the same shall severally be punished by fine of not 
less than one hundred dollars, nor more than five hundred 
dollars. The insurance commissioner shall, upon request Affairs of cer- 

. . Ill t8,i" corpora- 

of any corporation doing business on the lodge system, tionstobe 
personally or by some person designated l)y him visit such ^^^^^ ' 
domestic corporation and thoroughly inspect and examine 
its affairs, especially as to its financial condition. When- 
ever he deems it prudent for the protection of the cer- 
tificate holders in the Commonwealth he may in like 
manner visit and examine, or cause to be visited and 
examined by some competent person or persons whom he 
may appoint for the purpose, any foreign fraternal bene- 
ficiary corporation applying for admission or already 
admitted to do business in this Commonwealth, and 
such foreign corporation shall pay the expense of such 
examination. For the purposes aforesaid the commis- 
sioner or person making the examination shall have free 
access to all the books and papers that relate to the 
business of such corporation , and to the books and papers 
kept by any of its organizers, and may summon and 
qualify as witnesses under oath, and examine the directors, 
officers, agents, organizers and trustees of any such corpo- 



346 



Acts, 1901. — Chap. 422. 



Foreign corpo- 
rations to ap- 
point insurance 
commissioner 
its attorney, 
etc. 



Corporation to 
be notified when 
process has 
been served, 
etc. 



Corporations 
not to employ 
paid agents in 
soliciting busi- 
ness, except, 
etc. 



ration, and any other persons, in relation to its financial 
affairs, transactions and condition. He may in his dis- 
cretion accept, in lieu of such examination, the examina- 
tion of the insurance department of the state where such 
foreign corporation is organized. 

Section 20. Every foreign corporation shall, before 
doing business in this Commonwealth, appoint in writing 
the insurance commissioner or his successor in office to 
be its true and lawful attorney, upon whom all lawful 
process in any action or proceeding against it shall be 
served; and in such writing shall agree that any lawful 
process against it which is served on said attorney shall 
be of the same legal force and validity as if served on 
the corporation, and that the authority shall continue in 
force so long as any liability remains outstanding against 
the corporation in this Commonwealth. A copy of the 
writing, duly certified and authenticated, shall be filed 
in the office of the commissioner, and copies certified by 
him shall be deemed sufficient evidence thereof. Service 
upon such attorney shall be made by leaving the same 
in his hands or office, and shall be deemed sufficient 
service upon the principal. When legal process against 
any such corporation is served upon the commissioner he 
shall immediately notify the corporation of such service, 
by letter, prepaid and directed to its secretary ; and shall, 
Avithin two days after such service, forward in the same 
manner a copy of the process served on him to such sec- 
retary, or to any person previously designated by the 
corporation in writing. The plaintiff in each process so 
served shall pay to the commissioner at the time of such 
service a fee of two dollars, which shall be recovered by 
him as part of the taxable costs if he prevails in the suit. 
The commissioner shall keep a record of all processes 
served upon him, which record shall show the day and 
hour when such service was made. 

Section 21. No corporation organized or transacting 
business under this act shall employ paid agents in solicit- 
ing or procuring business, except that corporations which 
transact business as fraternal societies on the lodge sys- 
tem may employ organizers in the preliminary organ- 
ization of local branches, and members, as officers or 
deputies, to assist members of weak and inactive local 
branches to increase their membership, provided their 
compensation does not depend upon and is not affected 



Acts, 1901. — Chap. 422. 347 

by such increase, and that corporations limiting their 

certificate holders to a particular order or fraternity may 

employ and pay members for securing new members, and 

any corporation may pay local collectors. Any person penalty for 

who shall solicit membership for, or in any manner assist berBWpfn'"^'"' 

in procuring membership in, or aid in the transaction of coV'^Jl^^rlailfu'e'^ 

business for, any corporation or organization not author- etc. 

ized to do business in this Commonwealth, shall be guilty 

of a misdemeanor, and upon conviction thereof shall 

be punished as provided in section twenty-six of this 

act. Every corporation org-anized or transacting- busi- corporations to 

•^ i P . . 1 11 • 1 • file with insur- 

ness under or as defined m this act shall withm two ance commis- 
months after the adoption by it of an amendment to cJTpies 17 ' ^ 
its by-laws file with the insurance commissioner a copy b^.iaw^.*^"'^ *" 
thereof, setting forth such amendment distinctly and 
clearly, and this copy shall be certified by its recording 
officer. 

Section 22. The money or other benefit to be paid noTnabie"uf* 
by any corporation authorized to do business under this attachmeut, etc. 
act shall not l)e liable to attachment by trustee or other 
process, and shall not be seized, taken, appropriated or 
applied by any legal or equitable process, or by opera- 
tion of law, to pay any debt or liability of a certificate 
holder, or of any beneficiary named therein. 

Section 23. Any solicitor, ao-ent or examinino- physi- Penalty for 

~ 1 t-' making false 

cian who shall knowingly or wilfully make any false or etatemeut, etc. 
fraudulent statement or representation in or with refer- 
ence to any application for membership, or who shall 
make any false or fraudulent statement or representation 
for the purpose of obtaining any money from or benefit 
in any corporation transacting business under this act, 
shall be guilty of a misdemeanor, and upon conviction 
shall be punished l^y fine of not less than one hundred 
nor more than five hundred dollars, or by imprisonment 
in the county jail for not less than thirty days nor more 
than one year, or by both such fine and imprisonment, 
in the discretion of the court. Any person who shall 
wilfully make a false statement of any material fact or 
thing in a sworn statement as to the death or disability 
of a certificate holder in any such corporation, for the 
purpose of procuring payment of a benefit named in the 
certificate of such holder, shall be deemed guilty of per- 
jury and shall be proceeded against and punished in the 
manner provided by law for the crime of perjury. 



348 



Acts, 1901. — Chap. 422. 



Facts concern- 
ing certain cor- 
porations to be 
reported to 
attorney-gen- 
eral. 



Proviso. 



Injunction may 
issue in certain 



Receiver may 
be appointed, 
etc. 



Section 24. When the insurance commissioner on in- 
vestigation is satisfied that any corporation organized or 
conducting business under tiiis act lias exceeded its pow- 
ers, or has failed to comply with any provision of law, 
or has conducted business fraudulently, or that its con- 
dition is such as to render its further proceeding hazard- 
ous to the public or to its certificate holders, or in case 
any such corporation shall vote to discontinue its busi- 
ness, he shall report the facts to the attorney -general : 
provided, that the insurance commissioner shall first 
notify such corporation of the particulars in which he 
deems it has exceeded its powers, or of the provisions of 
law with which it has failed to comply, or of the fraud- 
ulent matter in the conduct of its business, and has given 
such corporation a reasonable opportunity to comply with 
the law or amend its methods. The attorney-general, if 
he deems the report requires such action, may thereupon 
apply to a justice of the supreme judicial court, or to a 
justice of the superior court, for an injunction restraining 
such corporation in whole or in part from the further 
prosecution of business. Such application shall state the 
specific facts relied upon, as in excess of power, or as 
neglect or violation of law, or as constituting fraudulent 
conduct of business. Such justice may in his discretion 
issue such an injunction forthwith, or upon notice and 
after a hearing may issue an injunction or decree for the 
removal of any officer of said corporation, and may sub- 
stitute a suitable person to serve in his stead until a suc- 
cessor is chosen, and after a full hearing on the matter 
may dissolve or modify such injunction or make it per- 
petual, and may make such further orders and decrees 
as the interests of the corporation, the certificate holders, 
and the public may require ; and may appoint a receiver 
to take possession of the property and effects of the cor- 
poration and to settle its affairs, subject to such rules and 
orders as the court may from time to time prescribe ac- 
cording to the course of proceedings in equity. No such 
injunction shall issue, and no order, judgment or decree 
appointing a temporary or permanent receiver shall be 
made or granted, otherwise than upon the application of 
the attorney-general, on his own motion, or at the rela- 
tion of the insurance commissioner, whether the state, or 
a member or other party seeks relief. 



Acts, 1901. — Chap. 422. 349 

Section 25. Any fraternal beneficiary corporation Existing corpo. 
existing under the laws of this Commonwealth may, [ncwpomte, etc. 
with the approval of the insurance commissioner, change 
the purposes for which it was organized, so as to permit it to 
transact any business authorized by this act. Upon such 
approval the presiding, financial and recording officers, 
and a majority of its other officers having the powers of 
directors, shall file in the office of the secretary of the 
Common wealtli a certificate, with the approval of the in- 
surance commissioner endorsed thereon, setting forth the 
change in the purposes of the corporation. The secretary 
of the Commonwealth shall upon receipt thereof and upon 
the payment of a fee of five dollars cause such certificate 
to be filed and recorded in his office, and such corpora- 
tion shall thereafter be construed to have re-incorporated 
hereunder : provided, that nothing in this act shall be Proviso, 
construed as requiring or making it obligatory upon any 
such corporation to re-incorporate ; and any such corpo- 
ration may continue to exercise all the rights, powders and 
privileges conferred by this act or by its articles of in- 
corporation not inconsistent herewith, and shall be subject 
to the requirements and penalties of this act, the same as 
if it were re-incorporated hereunder. No certificate of 
incorporation granted under the provisions of this act 
shall continue valid after one year from the date of such 
certificate, unless the organization has been completed 
and business begun thereunder. The certificate of in- 
corporation or the charter of any corporation subject to 
the provisions of this act, and any certificate hereafter 
granted under this act, shall become invalid and of no 
force if during a period of twelve months no business is 
transacted thereunder. 

Section 2(i. Any such corporation, association or Penalty for 
society transacting business in this Commonwealth, and provisionB, etc. 
any agent or officer of such corporation, association or 
society, neglecting to comply with or violating any pro- 
vision of this act, shall be punished by fine of not less 
than fifty nor more than tw^o hundred dollars, or by im- 
prisonment in a jail or house of correction for not less than 
three months nor more than two years, or by both such 
fine and imprisonment, in the discretion of the court. 

Section 27. The provisions of chapter five hundred ^^^*{^f^^^y 
and twenty-two of the acts of the year eighteen hundred 



350 



Acts, 1901.— Chap. 423. 



Provisions the 
eame as of ex- 
isting laws to 
be construed as 
a continuation, 
etc. 



Repeal, etc. 



and ninety-four and acts in amendment thereof shall not 
apply to corporations organized or admitted under and 
transacting business in conformity with this act. 

Section 28, The provisions of this act so far as they 
are the same as those of existing laws shall be construed 
as a continuation of such laws and not as new enactments ; 
and the repeal by this act of any provision of law shall 
not affect any act done, liabihty incurred, or right accrued 
and established, or any suit or prosecution, civil or crim- 
inal, pending or to be instituted, to enforce any right or 
penalty or to punish any offence under the authority of 
the laws repealed ; and any person who at the time when 
said repeal takes effect holds office under any of the laws 
repealed shall continue to hold such office according to 
the tenure thereof, unless such office is abolished or a 
different provision is made herein. 

Section 29. All acts and parts of acts inconsistent 
herewith are hereby repealed, excepting that all corpora- 
tions or associations heretofore exempted by special acts 
of the general court from the provisions of chapter four 
hundred and forty -two of the acts of the year eighteen 
hundred and ninety-nine relative to fraternal beneficiary 
corporations shall continue to be so exempted from the 
provisions of this act. 

Section 30. This act shall take effect upon its passage. 

Approved May 23, 1901. 



Sale of coke, 
charcoal and 
coal regulated 



ChCipA2S -^^ ^^'^ RELATIVE TO THE SALE OF COKE, CHARCOAL AND COAL. 

Be it enacted, etc. , as follows : 

Section 1. Coke in quantities of less than one hun- 
dred pounds, and charcoal in any quantities, shall be 
sold only by baskets or in bags, and when sold by 
baskets shall be kept until delivered in the same baskets 
in which the goods are measured. Coke sold in quanti- 
ties of one hundred pounds or more shall be sold only 
by baskets or by weight. Coal sold in quantities of one 
hundred pounds or more shall be sold only by weight. 

Section 2. Every basket used in selling coke or char- 
coal shall be of the capacity of two bushels, of one bushel, 
or of one half bushel, Massachusetts standard dry meas- 
ure; shall be sealed, and its capacity plainly marked 
thereon by a sealer of weights and measures of the city 
or town in which the person using the same resides or 



Capacity of 
baskets or bags, 
etc. 



, Acts, 1901.— Chap. 423. 351 

does business, and shall be filled level full. Every bag 
of coke or charcoal sold or offered for sale shall contain 
and shall be sold as containing one half bushel, dry 
measure, standard aforesaid, of said goods, and shall be 
plainly marked with the name of the person who puts up 
the same, and the words in capital letters, each at least 
one inch in height, — one half bushel. 

Section 3. Every person selling coke or coal by rereonsBeinng 
weight shall without cost to the purchaser cause the weigh7to°cau7e 
goods to be weighed by a sworn weigher of the city or H^aeViTe^ied, 
town in which they are sold, and shall cause a certificate **°- 
stating the name and place of business of the seller, the 
name of the person taking charge of the goods after the 
weighing, as given to the weigher on his request, and 
the quantity of the goods, to be signed by the weigher; 
which certificate shall be given to the said person and 
shall by him be given only to the owner of the goods 
or his agent when he unloads the same; and every such 
person, owner or agent shall, on request and without 
charge therefor, permit any sealer of weights and meas- 
ures of any city or town to examine the certificate and 
to make a copy thereof. 

Section 4. Any sealer of weights and measures of l^efghts Md 
any city or town in which any quantity of coke, char- measures may 

, 1/. IT •PI 'I'T • determine 

coal or coal for delivery is lound may, m his discretion, weight, etc., in 
direct the person in charge of the goods to convey the '^'^^^ 
same without delay or charge to scales designated by 
such sealer, who shall there determine the quantity of 
the goods, and, if they are not in baskets or bags, shall 
determine their weight with the weight of the vehicle in 
which they are carried, and shall direct said person to 
return to such scales forthwith after unloading the goods ; 
and upon such return the sealer shall weigh the vehicle. 

Sp:ction 5. Every sealer of weio^hts and measures of seaiers of 

•J p 1 n 1 • weights and 

a city or town and every sworn weigher shall keep in a measures, etc. 

l)Ook used by him solely for that purpose a record of all of baskets 

baskets sealed by him as aforesaid, and of all Aveighings ^^ls,etZ^^ ' 

and determinations of quantities of coke, charcoal or coal 

made by him as aforesaid, Avhich record shall be made at 

the time of measuring or weio^hino:, and shall state the 

day and hour of the measuring or weighing, the name 

and place of business of the seller of the goods, the name 

of the owner of the baskets or of the purchaser of the 

goods as given to him on his request by the person taking 



352 Acts, 1901. — Chaps. 424, 425. 

charge of the baskets or goods after weighing or measur- 
ing, the capacity of the baskets measured or quantity of 
goods determined, and the name of said person, and, in 
the case of a re- weighing as aforesaid, shall state the 
weight as given in the certificate and as determined by 
him. No charge shall be made by any such sealer for 
anything done under authority of this act. 

Penalty. SECTION 6. Whocvcr violatcs any provision of this 

act or fails to comply with any request for information 
or direction made under authority of this act, or gives a 
false answer to any such request, shall for each offence 
be punished by a fine not exceeding fifty dollars ; and 
whoever shall be guilty of any fraud or deceit in relation 
to the weighing, selling or delivering of coke, charcoal or 
coal, shall for each offence be punished by a fine not ex- 
ceeding one hundred dollars. 

^^T^^^' Section 7. All acts and parts of acts inconsistent 

herewith are hereby repealed. Approved May 23, 1901. 



GkapA24: 



An Act to establish a uniform poll tax. 

Be it enacted, etc., as folloivs: 

Tmendld^^' Section 1. Scctlou onc of chaptcr eleven of the Pub- 

he Statutes is hereby amended by striking out the whole 
of said section and inserting in place thereof the follow - 

PerBons subject jno- ; — Sectioii 1. A poU tax of two dollars shall be 

to a poll tax. o , . , 1 • Pi -11 

assessed, m the manner herematter provided, on every 
male inhabitant of the Commonwealth above the age of 
twenty years, whether a citizen of the United States or 
an alien. 

^«p«^i- Section 2. Section forty-eight of chapter eleven of 

the Public Statutes, and so much of any other act as is 
inconsistent herewith, are hereby repealed. 

When to take Section 3. TMs act shall apply to all poll tax assess- 
ments made as of the first day of May in the year nine- 
teen hundred and one, and thereafter. 

Approved May 23, 1901. 



ChanA25 An Act to confer additional authority upon the deputy 
sealer of weights and measures of the commonwealth. 

Be it enacted, etc., as folloivs: 

Deputy sealer Section 1. Whenever in the performance of his official 

of weights and ,.,, ip-i n ^ a.i 

measures may dutics the dcputy scalcr 01 wcights and measures or the 



Acts, 1901. — Chap. 426. 353 

Commonwealth shall discover a violation of the laws he prosecute in 

, 1 • J 1 , i 1 1 j> certain cases. 

may enter a complaint and prosecute the same, and tor 
this purpose shall have the same powers and authority 
as are conferred upon the sealer or deputy sealer of a 
city or town by section eighteen of chapter sixty-five 
of the Public Statutes and by chapter two hundred and 
twenty-five of the acts of the year eighteen hundred and 
eighty-three. 

Section 2. Whoever hinders, obstructs or in any way Penalty for 
interferes with the deputy sealer in the performance of et'c!*'^'"'*^"^' 
his duty shall be punished by fine not exceeding three 
hundred dollars or by imprisonment for not more than 
sixty days. Approved May 23, 1901. 



Cha2)A26 



Ax Act to incorporate the Gardner theatre company. 
Be it enacted, etc. , as follows : 

Section 1. Charles N. Edgell, William J. Drenning, Gardner 
C. Leslie Bent, Louis A, Greenwood, Marcus E. Osgood, pMyTncor°p™- 
Dexter A. Smith, Henry O. Curtis, Edwin Ray, Charles ''^^^^' 
L. Leland and George B. Underwood, their associates 
and successors, are hereby made a corporation by the 
nalne of the Gardner Theatre Company, for the purpose 
of acquiring, holding, maintaining and improving the real 
estate in Gardner called Music Hall Block, situated on 
the southerly side of Central street, with frontage thereon 
of one hundred and ten feet and a depth of ninety feet, 
and such other real estate adjoining the same and front- 
ing on said Central street, between Pine and Lake streets, 
as they may hereafter purchase, for a public hall, a theatre, 
and for mechanical, mercantile and other lawful purposes. 
The said corporation is hereby authorized to perform all 
legal acts which may be necessary to accomplish the 
aforesaid purposes, and shall have all the powers and 
privileges and be subject to the duties, liabilities and 
restrictions set forth in all general laws now or hereafter 
in force applicable to such corporations. 

Section 2. The said corporation may sell or mort- Mayeeiior 
gage the whole or any part of its real estate. real estate, etc. 

Section 3. The capital of the said corporation shall capital. 
not exceed fifty thousand dollars, the shares shall be 
of a par value of one hundred dollars each, and no 
shares shall be issued except for cash actually paid in 
or property actually conveyed ; and the value of such 



354 Acts, 1901. — Chap. 427. 

property shall be determined by the commissioner of 
corporations. 

Section 4. This act shall take effect upon its passage. 

Approved May 23, 1901. 

ChUpA'^il ^^ -^CT TO PROVIDE FOR THE ABATEMENT OF THE SMOKE NUISANCE. 

• Be it enacted, etc., as foUon\<i ,- 

i^tofhTopen Section 1. The emission into the open air of dark 

smo'ke'lYtc., smoke or dense gray smoke for more than five minutes 
restricted. coutinuously, or the emission of such smoke dm^ing twelve 
per cent of any continuous period of twelve hours, within 
a quarter of a mile of any dwelling, except under a per- 
mit granted as herein provided, is hereby declared a 
nuisance. 
Penalty. Section 2. Whocvcr commits such nuisance or suffers 

the same to be committed on any premises owned or 
occupied by him, or in any way participates in commit- 
ting the same, shall be punished by a fine of not more 
than one hundred dollars for each week during any part 
of which such nuisance exists. 
dlBTg°n°a*ted to ^ Section 3. The mayor of any city or the selectmen 
enforce law. ^f ^^^y towu may, in January of each year, designate 
some proper person or persons who shall be charged 
with the enforcement of this law during the year in 
which they are appointed ; but such designation shall be 
subject to change at any time. 
Mmf"°ur^^ Secti(5n 4. Any offi^cer so designated may apply to 

be'e^n'oined ™^^ the suprcmc judicial court, or to the 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 enjoin the further opera- 
tion of any such furnace, boiler or boilers, 
grimed, ^cf^^ Section 5. Permits for the production and emission 
of smoke in the manner described in section one may be 
granted annually by the mayor and aldermen of cities or 
the selectmen of towns to persons duly applying for the 
same. Every such permit shall be signed by the mayor 
or by a majority of the lioard of selectmen and by the 
city or town clerk, and shall be recorded in the office of 
said clerk. Such permit shall name the person, firm or 
corporation to whom it is granted, and shall definitely 



Acts, 1901.— Chap. 127. 355 

and clearly describe the location and limits of the prem- 
ises to which it applies, and shall remain in force until 
the first day of May next ensuing, unless sooner forfeited 
or rendered void. 

Section 6. Notice of all applications for such permits Notice of ap- 
shall be published at the expense of the applicant in the permuTto^be 
manner prescribed by section six of chapter one hundred i'"'^"^'^^^- 
of the Public Statutes relative to applications for liquor 
licenses. 

Section 7. If before the expiration of the ten days oymeiB of cer. 
following the publication of the notice, as required by mLyobjectTo 
the preceding section, the owner of any dwelling within pe^r^Hr,'e°tf.°* 
a quarter of a mile of the premises described therein 
gives Avritten notice to the board having authority to 
grant the permit, that he objects to the granting of the 
permit, no permit shall be granted, unless said board, 
after a public hearing of the persons interested, shall 
decide that no just ground for objection exists, or that 
the public good requires the granting of such permit; 
but the granting of a permit shall not prejudice any 
right of damages which any person may have under the 
laws of the Commonwealth against the person or persons 
receiving the permit. In case a permit is granted after permits may be 
objection is filed, and without a hearing as aforesaid, or [afncaeel^^f/.' 
without proper advertisement as herein provided, the 
owner of any such dwelling may apply to the police, 
district or municipal court, or to any trial justice within 
whose jurisdiction the premises are situated, for a hearing 
in the case ; and said court or trial justice, if it appears 
that said permit was granted without compliance with 
the provisions of this act, shall revoke the permit, and 
notice of such revocation shall be sent to the board grant- 
ing the permit and to the person receiving the permit. 

Section 8. The board granting the permit may es- Feeefor 
tablish fees for the issue of permits under this act, not p^''™'*"- 
exceeding one dollar each, to be paid to the treasurer 
of the municipality. 

Section 9. This act shall not apply to the emission xottoappjyto 
of smoke ])V locomotive engines or bv brick kilns. Miioke by loco- 

Section 10. This act shall take^ effect in any city e"c!''' '°^°''' 
when accepted by a majority vote of the city council of when to take 
the city, and in any town when accepted by a majority ^ 
of the voters of the town voting thereon at an annual 
town meeting. Approved May 23, 1901. 



356 Acts, 1901. — Chaps. 128, 429. 

CJiaX) 428 An Act relative to the punishment of kidnapping and similar 

OFFENCES. 

Be it enacted, etc., as folloivs : 
p. 8.202, §30, Section thirty of chapter two hundred and two of the 

amended. .ii iii it i i 

PubUc Statutes is hereby amended by adding at the end 
thereof the words : — Whoever commits any offence de- 
scribed in this section with the intent to extort money 
or other valuable thing thereby shall be punished by im- 
prisonment in the state prison not exceeding twenty-five 
Penalty for years, — SO as to read as follows : — Section 30. Who- 
BimuT/offfnces. evcr, without lawful authority, forcil)ly or secretly con- 
fines or imprisons another person within this state against 
his will, or forcibly carries or sends such person out of 
this state, or forcibly seizes and confines or inveigles or 
kidnaps another person, with intent either to cause him 
to be secretly confined or imprisoned in this state against 
his will, or to cause him to be sent out of this state 
against his will, or in any way held to service against 
his will, and whoever sells or in any manner transfers for 
any term the service or labor of a negro, mulatto, or 
other person of color, who has been unlawfully seized, 
taken, inveigled, or kidnapped from this state to any 
other state, place, or country, shall be punished by im- 
prisonment in the state prison not exceeding ten years, 
or by fine not exceeding one thousand dollars and im- 
prisonment in the jail not exceeding two years. Who- 
ever commits any offence described in this section with the 
intent to extort money or other valuable thing thereby 
shall be punished by imprisonment in the state prison 
not exceeding twenty-five years. 

Approved May 25, 1901. 

ChcipA29 A^' Act making an appropriation for maintaining and operat- 
ing THE QUINCY PUMPING STATION AND FORCE MAINS IN THE 
SOUTH METROPOLITAN SEWERAGE SYSTEM. 

Be it enacted, etc., as foUoius: 

^c*,°of Quincy Section 1. A suiii uot cxcecdiug fifty-five hundred 
p^^pj^'j.g sta- dollars is hereby appropriated, to be paid out of the treas- 
ury of the Commonwealth from the ordinary revenue, 
for the maintenance and operation dimng the year ending 
on the thirty-first day of December, nineteen hundred 



Acts, 1901. — Chap. 430. 357 

and one, of the Quincy pumping station and force mains 
taken by the metropoHtan water and sewerage board. 
Section 2. This act shall take effect upon its passage. 

Aj)proved May 23, 1901. 



ChapASO 



Ax Act to restrict the use of streets ix the city of hoston 

BY the UXION freight RAILROAD COilPAXY. 

Be it enacted, etc. , as foUoics : 

Section 1. Section one of chapter three hundred and i872, 342, §i, 

I- amcuded. 

forty-two of the acts of the year eighteen hundred and 
seventy-two is hereby amended by striking out the words, 
"Brighton, Minot, Nashua, Prince, Hanover, Fleet, 
India, Broad, Federal, Kneeland, Lincoln and Eliot 
streets", in the tenth, eleventh, twelfth and thirteenth 
lines of said section, by inserting before the word 
"Cove ", in the thirteenth line, the word : — and, — and 
also by inserting after the word "Cove", in the thir- 
teenth line, the words : — j^^^ovuJed, that Lowell street 
and that part of Causeway street which lies between 
Haverhill and Lowell streets shall be used for the opera- 
tion of the said railroad only between the hours of twelve 
o'clock, midnight, and five o'clock in the morning, except 
that when perishal>le freight is to be transported the said 
company may operate the said railroad at any hour of 
the day or night, under such permission to do so as may 
be granted by the board of railroad commissioners, — so 
as to read as follows: — Section 1. George B. Upton, union Freight 
Percival L. Everett, Henry S. Kussell, their associates pany°nco?pr 
and successors, are hereby made a corporation by the '^**'''^- 
name of the Union Freight Eailroad Company, for the 
purpose of locating, constructing, maintaining and operat- 
ing a railroad, for public use in the conveyance of freight 
only, with convenient single or double tracks, between 
the terminal points of the several steam railroads enter- 
ing the city of Boston, and extending in and through 
such portions of the following streets as may be necessary 
for that purpose, namely : Lowell, Causeway, Commer- 
cial, Atlantic avenue and Cove : f>rovided, that Lowell Proviso, 
street and that part of Causeway street which lies be- 
tween Haverhill and Lowell streets shall be used for the 
operation of the said railroad only between the hours of 
twelve o'clock, midnight, and five o'clock in the morn- 
ing, except that when perishable freight is to be trans- 



858 



Acts, 1901. — Chaps. 431, 432. 



May construct 
eide tracks to 
-wharves or 
■warehouses, 
etc. 



Provisos. 



ported the said company may operate the said railroad at 
any hour of the day or night, under such permission to 
do so as may be granted by the board of railroad com- 
missioners; and upon and over such other streets as the 
board of aldermen of said city may from time to time 
determine, on the petition of the said corporation ; with 
the right also to construct, use and maintain side tracks 
from its main tracks to any wharf or wharves or ware- 
houses, when requested, in writing, so to do by a majority 
in interest of the owners or occupants of such wharves or 
warehouses : jwovided, lioirever, that no side track shall 
be laid upon a public street to any wharf or warehouse 
without the approval of the board of aldermen ; and 
'provided, cdm, that the rails for said tracks shall be of 
such pattern, suitable for railway freight cars in common 
use, as the board of aldermen may prescribe. Said cor- 
poration shall have all the powers and privileges and be 
subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or hereafter may 
be in force relating to street railway corporations, and to 
other railroad corporations, so far as the same may be 
applicable. 

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

Apjjroved May 23, 1901. 



GhcipA3\ Ax Act to change the name of hrockton kikst church of 

CHRIST SCIENTISTS. 

Be it enacted, etc., as foUoics: 
Name changed. Section 1. The name of Brockton First Church of 
Christ Scientists, a religious society organized under the 
provisions of chapter one hundred and fifteen of the 
Public Statutes, is changed to First Church of Christ 
Scientists in Brockton, Massachusetts. 

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

Approved May 23, 1901. 



C/hCl)).4:'S'2 -f^^ -^CT TO INCORPORATE THE MOUNT AVACHUSETT STREET KAILAVAY 

COMPANY. 



Mount Wachu- 
eett Street Kail- 
■way Company 
Incorporated. 



Be it enacted, etc., as foUoics : 

Section 1. Frederick S. Coolidge, Edward F. Blodg- 
ett, William S. Keed, George R. Damon, Alexander S. 
Paton and James A, Stiles, their associates and suc- 
cessors, are hereby made a corporation under the name of 



Acts, 1901. — Chap. 132. " 359 



Mount Wachusett Street Railway Company, with all the 
powers and privileges and subject to all the duties, liabil- 
ities and restrictions set forth in all general laws now or 
hereafter in force relating to street railway companies, 
so far as the same are applicable and consistent with the 
provisions of this act, and also subject to the provisions 
of any act conferring authority upon the Wachusett 
mountain state reservation commission to grant locations 
to street railway companies within the limits of the 
Wachusett mountain state reservation. 

Section 2. The said company may locate, construct. May construct, 
maintain and operate a railway, in part over Wachusett L'^certaiif ^"^^ 
mountain state reservation, in part upon private land, and *°^'"''' ^^'^• 
upon highways in the towns of Westminster and Prince- 
ton, from some point at or near the terminus of the line 
of the Gardner, Westminster and Fitchburg Street Rail- 
way Company, to a point at or near the top of Mount 
Wachusett. No location on private land or on the Mount 
Wachusett state reservation shall exceed fifty feet in width, 
and the proceedings for the taking of private property, 
and for the determination and payment of damages 
therefor, shall be similar to those prescribed by general 
law in relation to railroads, but nothing in this act shall 
be so interpreted as to authorize the taking of any part 
of the property of the Wachusett mountain state reserva- 
tion. 

Section 3. The selectmen of the towns aforesaid may Location. 
grant a location for the tracks of the said company in any 
Avays of the said towns, respectively, subject to the pro- 
visions of section thirteen of chapter five hundred and 
seventy-eight of the acts of the year eighteen hundred 
and ninety-eight. 

Section 4. The capital stock of the said company Capital stock, 
shall not exceed one hundred thousand dollars, but may 
be increased, sul)ject to the provisions of all general laws 
relating to the increase of capital stock of street railway 
companies. 

Section 5. The said company may from time to time, May issue 
by a vote of the majority in interest of its stockholders, ''°"'^'*' ^**'" 
issue coupon or registered Ijonds to an amount not ex- 
ceeding one hundred thousand dollars, and bearing in- 
terest at a rate not exceeding six per cent per annum, 
payable within periods not exceeding twenty years from 
the dates thereof: jwovided, that such issue of bonds Proviso. • 



360 



Acts, 1901. — Chap. 433. 



May make 
leases, etc., 
with any other 
compaDy. 



Road to be con- 
structed, etc., 
before July 1, 
1902. 



shall be subject to the provisions of all general laws re- 
lating to the issue of bonds by street railway companies. 

Skction 6. The said company is hereby authorized to 
make with any other railway company such leases or 
contracts for operating said railway as the directors of 
such other railway corporation may agree to, and as may 
be a|iproved by the majority in interest of the stock- 
holders of each corporation at rtieetings duly called for 
the purpose. 

Skction 7. The provisions of this act shall be void if 
the said company shall not have constructed and operated 
the road on or before the first day of July in the year 
nineteen hundred and two. 

Section 8. This act shall take effect upon its passage. 

Aiyproved May 23, 1901. 



ChapA33 A^ ^<^T RELATIVE TO TI 
HIGHWAY COMMISS 



HE IMPROVEMENT BY THE MASSACHUSETTS 
lOX OK HIGHWAYS IN SMALL TOWNS. 



1900, 432, § 2, 
amended. 



Conetruction 
and repair of 
highways in 
certain towns. 



Be it enacted.) etc., as follows: 

Section 1. Section two of chapter four hundred and 
thirty-two of the acts of the year nineteen hundred is 
hereby amended by inserting after the word "towns", 
in the sixth line, the Avords : — the valuation of which 
does not exceed one million dollars and, — and by insert- 
ing after the word "built", in the sixth line, the 
words : — The Massachusetts highway commission may 
expend a further amount, not exceeding five per cent of 
the amount appropriated each year for the construction 
and repair of state highways in towns the valuation of 
which exceeds one million dollars, in such amounts as it 
may determine : provided, that such towns appropriate 
an equal amount in addition to the average annual appro- 
priation for repairs of highways for the preceding five 
years, to be expended in accordance with the provisions 
of this act, — so as to read as follows : — Section 2. Of 
the amount appropriated each year for the construction 
and repair of state highways five per cent shall be ex- 
pended under the direction of the Massachusetts highAvay 
commission in such towns and in such amounts as it 
shall determine, in constructing or repairing highways in 
towns the valuation of which does not exceed one million 
dollars and in which no state highway has been built. 
The Massachusetts highway commission may expend a 



Acts, 1901. — Chaps. 434, 435. 361 

further amount, not exceeding five per cent of the amount 
appropriated each year for the construction and repair 
of state highways in towns the vahiation of which exceeds 
one million dollars, in such amounts as it may determine : 
provided, that such towns appropriate an equal amount Provisos, 
in addition to the average annual appropriation for re- 
pairs of highways for the preceding five years, to be ex- 
pended in accordance with the provisions of this act. 
Such allotments and expenditures shall be made only 
upon petition of selectmen of towns, and any highway 
constructed or repaired under the provisions of this sec- 
tion shall remain a town highway and subject to all laws 
relating thereto ; provided, that no town shall receive in 
one year a sum exceeding forty per cent of its average 
appropriations for highway purposes for the five years 
next previous. 

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

Approved May 23, 1901. 

Ax Act relative to the old coloxy street rail^vay company, nhf-.j^ A34 
Be it enacted, etc., as follows: 

Section 1, Chapter two hundred and fourteen of the 1901,214, 
acts of the year nineteen hundred and one is hereby ''°"^°'*''*^- 
amended by changing the name Brockton Street Rail- 
way Company, wherever the same occurs in that act, to 
Old Colony Street Railway Company, to conform to a 
change in the name of said company which was author- 
ized by the commissioner of corporations, and which 
occurred between the introduction of the company's 
petition for legislation and the passage of the said act. 

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

Approved May 23, 1901. 



Chap)A^5 



An Act relative to nomination papers. 
Be it enacted, etc., as follows: 

Section one hundred and eight of chapter five hun- isgs, 548, § los, 
dred and forty-eight of the acts of the year eighteen """^^ 
hundred and ninety-eight is hereby amended by adding 
after- the word "provided ", in the last line of the first 
paragraph thereof, the words : — Such nominations shall 
be made on the blank nomination papers prepared and 
delivered in accordance with the preceding section ; and 



362 



Acts, 1901. — Chap. 436. 



Nominations to 
be made by 
nomination 
papers, etc. 



no nomination paper offered for filing shall be received 
or shall be valid to which is attached any card, paper or 
other device containing the name of a candidate, his 
written acceptance, or the signature of any legal voter 
required by this section, — so that said paragraph shall 
read as follows: — Section 108. Nominations of candi- 
dates for elective offices, for delegates to a convention, 
for caucus officers, and for a ward or town committee to 
be voted for at a caucus, shall be made by nomination 
papers, as hereinafter provided. Such nominations shall 
be made on the blank nomination papers prepared and 
delivered in accordance with the preceding section ; and 
no nomination paper offered for filing shall be received 
or shall be vahd to which is attached any card, paper 
or other device containing the name of a candidate, his 
written acceptance, or the signature of any legal voter 
required by this section. Airproved May 23, 1901. 



CJlC(p.43(y ^^ -^<^T KELATIVE TO ST. MARY'S SCHOOL AND ASYLUM, AND AU- 
THORIZING IT TO CONVEY CERTAIN REAL ESTATE. 



Certain persons 
maj' associate 
with Mary 
Tiernan as 
members of St. 
Mary's School 
and Asylum. 



Trustees, ap- 
pointment, etc. 



Be it enacted, etc., as follows: 

Section 1. Mary Tiernan, sole surviving member of 
the St. Mary's School and Asylum, a corporation duly 
organized under the laws of this Commonwealth, is hereby 
authorized to associate with her such persons as mem- 
bers of said corporation as she may deem advisable by a 
written declaration to that effect, duly signed by her 
and entered upon the records of said corporation. She 
is hereby authorized to call a meeting of said corporation 
and, with her said associates, to elect officers and addi- 
tional meml^ers thereof from time to time. 

Section 2. The probate court for the county of Nor- 
folk, on petition of any member of said corporation, may 
appoint a successor or successors in trust to the trustees 
named in the deed of Martin Bates to Ann Alexis Shorb, 
Andrea Corry and Aloysia Reed as trustees for said cor- 
poration, the deed being dated June 1, 1866, and recorded 
in the registry of deeds for the county of Norf