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

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f 






MASS 



ACTS 



RESOLVES 



PASSED BY THE 



^^neral (^amt of Ulassarhtisdts, 



IN THE YEAR 



1902, 

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. 

1902. 



A CONSTITUTION 



FORM OF GOYEmSTMEXT 



Cmnmontoijaltb cf Uassacljusetts. 



PREAMBLE. 

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

The body politic is formed by a voluntary association Body pontic, 
of individuals :' it is a social compact, by which the whole itTuatme!''' 
people covenants with each citizen, and each citizen with 
the whole people, that all shall be governed by certain 
laws for the common good. It is the duty of the people, 
therefore, in framing a constitution of government, to pro- 
vide for an equitable mode of making laws, as well as for 
an impartial interpretation and a faithful execution of 
them ; that every man may, at all times, find his security 
in them. 

We, therefore, the people of Massachusetts, acknowl- 
edging, mth grateful hearts, the goodness of the great 
Legislator of the universe, in affording us, in the course 
of His providence, an opportunity, deliberately and peace- 



CONSTITUTION OF THE 

ably, without fraud, violence, or surprise, of entering into 
an ()ri<i:inal, explicit, and solemn compact with each other; 
and of forming- a now 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 Hightfi, and 
Frame of Government, as the Constitution of the Com- 
monwealth OF Massachusetts. 



Equality and 

natural rights 
of all men. 



Right and duty 
of public relig- 
ious worship. 
Protection 
therein. 
2 0u8h. 104 
12 Allen, 129. 



Amendments, 
Art. XI substi- 
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 arc born free and equal, and have 
certain natui'al, essential, and unalienable rights ; among 
which may be reckoned the right of enjoying and defend- 
ing their lives and liberties ; that of acquiring, possess- 
ing, and protecting property ; in fine, that of seeking and 
obtaining their safety and happiness. 

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

III. [As the happiness of a people, and the good order 
and prcserv^ation of civil government, essentially depend 
upon })it^ty, religion, and morality; and as these cannot 
be generally diH'used through a community but by the 
institution of the publi(; worship of God, and of public 
instructions in piety, religion, and morality : Therefore, 
to promote their happiness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitabhi })rovision, at their own expense, 
for the institution of the i)ublic worship of God, and for 



COMMONWEALTH OF MASSACHUSETTS. 5 

the support and maintenance of public Protestant teacliers 
of piety, rcliii^ion, and morality, in all cases where such 
provision shall not be made voluntarily. 

And the i^eople of this commonwealth have also a riffht .5"^ to enjoin 

i A , , , , & attendance 

to, and do, invest their legislature with authority to enjoin thereon. 
upon all the subjects an attendance upon the instructions 
of the public teachers aforesaid, at stated times and sea- 
sons, if there be any on whose instructions they can con- 
scientiously and conveniently attend. 

Provided, notwithstanding, that the several towns, par- Exclusive right 
ishes, precincts, and other bodies politic, or religious socie- fiusTeachcTs'^" 
ties, shall, at all tunes, have the exclusive right of electing ^^''"•■ed- 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of ^fimparochiai 
public worship, and of the public teachers aforesaid, shall, taxes may be 

•i? 1 • • J 1 • f -I T 1 /» 1 paid, unless, 

II he require it, be unitormly applied to the sui)port of the etc. 
public teacher or teachers of his own religious sect or de- 
nomination, provided there be any on whose instructions 
he attends ; otherAvise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which 
the said moneys are raised. 

And every denomination of Christians, demeaning them- Aiidenomina- 
selves peaceably , and as good subj ects of the commonwealth , p^otectld^^^^ 
shall be e(iually under the protection of the law : and no luborVunatiou 
subordination of any one sect or denomination to another another?rV° 
shall ever be established by law.] Mbited. 

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

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

V. All power residing originally in the people, and ^f°aiTo"ffic^Jr"^ 
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 pubHc*be^ng 
and exclusive privileges, distinct from those of the com- p^cuuir privu° 
munity, than what arises from the consideration of ser- leges.heredi- 

11 1 1. ,,.. .. tary offices are 

Vices rendered to the public; and this title being in absurd and 
nature neither hereditary, nor transmissible to children, ""^^'"^*- 



CONSTITUTION OF THE 



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



Right of people 
to secure rota- 
tion in office. 



All, having the 
qualiiications 
prescribed, 
equally eligible 
to office. For 
the definition of 
*' inhabitant," 
see Ch. 1, Sect. 
2, Art. II. 
Right of protec- 
tion and duty of 
contribution 
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, 1.50. 
4 Allen, 474. 

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

6 c'ush. 327. 
14 Gray, 15.5. 
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, prosperity, and happiness of the 
people ; and not for the profit, honor, or private interest 
of any one man, family, or class of men : Therefore the 
people alone iiave 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 oiBcers to return to private life ; and to fill up 
vacant places by certain and regular elections and appoint- 
ments. 

IX. All elections ought to be free ; and all the inhab- 
itants of this commonwealth, having such qualifications as 
they shall establish by their frame of government, have an 
equal right to elect 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 him, or applied to 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllable by any other laws 
than those to which their constitutional representative 
body 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. 

11 Allen, 530, 106 Mass. 356, 362. 

12 Allen, 223, 230. 108 Mass. 202, 213. 
100 Mass. 544, 560, 111 Mass. 130, 



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



127 Mass. 50, 52, 

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



XL Every subject of the commonwealth ought to find 
a certain remedy, by having recourse to the laws, for all 
injuries or ^vrongs which he ma}^ receive in his person, 
property, or character. He ought to obtain right and 



COMMONWEALTH OF MASSACHUSETTS. 7 

justice freely, and without being obliged to purchase it ; 
completely, and without any denial ; promptly, and with- 
out delay ; conformably to the laws. 

XII. No subject shall be held to answer for any crimes Prosecutions 
or offence, until the same is fully and plainly, substantially 8 Pick. 211. 
and formally, described to him ; or be compelled to accuse, is pick. 4k, 
or fiu-nish evidence against himself. And every subject fulth^' 
shall have a right to produce all proofs that may be favor- l^Q^f\^^^' 
able to him ; to meet the witnesses against him face to face, 5 gray', leo. 
and to be fully heard in his defence by himseh', or his 10 Gray, ii." 
counsel, at his election. And no subject shall be arrested, 2 AiieY.'sei.' 
imprisoned, despoiled, or deprived of his property, immu- 240^26X439!" 
nities, or privileges, put out of the protection of the law, t2\iien,i7o, 
exiled, or deprived of his life, liberty, or estate, but by the 97 Maes.'svo, 
judgment of his peers, or the law of the land. 100 Mass. 287, 

107 Mass. 172, 180. 118 Mass. 443, 451. 122 Mass. 332. 127 Mass. 550, 554. lOSMass. 418. 

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

And the lemslature shall not make any law that shall Right to trial 

o , . . , "y jury in 

subject any person to a capital or infamous punishment, criminal cases, 
exceptino; for the o-overnment of the army and navy, with- sGray, 329, 373. 

, / . T^ . ® "^ '' 103Ma88.418. 

out trial by jury. 

Xni. In criminal prosecutions, the verification of facts. Crimes to be 
in the vicinity where they happen, is one of the great- ?idnity!°* * 
est securities of the life, liberty, and property of the isi'Mass!"!, 62. 
citizen . 

XIV. Every subject has a right to be secure from all ^n^'^ggfiure'*'^''^ 
unreasonable searches, and seizures, of his person, his regulated. 
houses, his papers, and all his possessions. All warrants, Amen'd'tiv. '' 
therefore, are contrary to this right, if the cause or founda- scush. 369. 
tion of them be not previously supported by oath or affir- l3'Griy,^454. 
mation, and if the order in the warrant to a civil officer, to Joo'Mase Ts^e 
make search in suspected places, or to arrest one or more JgeMass 269 
suspected persons, or to seize their property, be not accom- 273. 
panied with a special designation of the persons or objects 

of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerning property, and in mght to trial 
all suits between two or more persons, except in cases in elclp'tfetc!'^^ ' 
which it has heretofore been otherways used and practised, Amend°t vif."* 
the parties have a right to a trial by jury ; and this method 2 p>|^-|^^. 
of procedure shall be held sacred, unless, in causes arising 5 Gray, 144. 

ii'i 1 1 ii • » 8 Gray, 373. 

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

. ~ . 577 

the legislature shall hereafter find it necessary to alter it. io2"Mas8.45,47. 

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



CONSTITUTION OF THE 



Liberty of the 
press. 



Right to keep 
and bear arms. 
Standing armies 
dangerous. 
Military power 
Bubordinate to 
civil. 
5 Gray, 121. 



Moral qualifica- 
tions for office. 



Moral obliga- 
tions of law- 
givers and 
magistrates. 



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



Power to BUS- 
pend the laws 
or their execu- 
tion. 



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



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, 247. 



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

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, the}^ ought not to be 
maintained without the consent of the legislature ; and 
the military power shall alwa3^s 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 piety, justice, moderation, temperance, indus- 
try, and frugality, are absolutely necessary to preserve the- 
advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular atten- 
tion to all those principles, in the choice of their officers 
and representatives : and they have a right to require of 
their lawgivers and magistrates an exact and constant 
observance of them, in the formation and execution of the 
laws necessary for the good administration of the common- 
wealth. 

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

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

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

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

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



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before ex post. facto 
the existence of such laws, and which have not been de- ilTiien, 42if ' 
clared crimes bj preceding laws, are unjust, oppressive, ^^*'*28,434. 
and inconsistent with the fundamental principles of a free 
ofovernment. 

XXY. No subject ought, in any case, or in any time. Legislature not 
to be declared guilty of treason or felony by the legis- treason, etc. 
lature. 

XXVI. No magistrate or court of law shall demand o/fiue^i7lr,d^'' 
excessive bail or sureties, impose excessive fines, or inflict crueipunish- 

' i ' ments, pro- 

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

XXVII. In time of peace, no soldier ought to be quar- No soidiertobe 
tered in an}'' 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 b}^ the legis- 
lature. 

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, tiai, unless, 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, libertj^ property, and charac- court? ^^'^^"'^^ 
ter, that there be an impartial interpretation of the laws, \^r^y^l^i_ 
and administration of justice. It is the right of every ^|^}}^°'^^^- 
citizen to be tried by judges as free, impartial, and inde- los Mass. 219, 
pendent as the lot of humanity will admit. It is, therefore, Temire'of their 
not only the best policy, but for the security of the rights ** 

of the people, and of every citizen, that the judges of the 
supreme judicial court should hold their offices as long as 
they behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing Salaries, 
laws . 

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive ciairanTiegis.*' 
and judicial powers, or either of them : the executive shall menfg^^^^'^'^ 
never exercise the legislative and judicial powers, or either 2 Aiie^' seV. 
of them : the iudicial shall never exercise the leo'islative L^ll®°'^Ji?^^- 

. "^ . 1 ^1 1 T • ^*'*' Mass. 282, 

and executive powers, or either 01 them : to the end it 286. 

114 Mass 247 

may be a government of laws and not of men. 249. * ' 

116 Mass. 317. 129 Mass. 559, 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PAET THE SECOND. 

The Frame of Government. 

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



CHAPTER I 



Legislative 
department. 



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



Governor's 

veto. 

99 Mass. 636. 



Bill may be 
passed by tv?o- 
thirds of each 
house, notwith- 
Btanding. 



THE LEGISLATIVE POWER. 

Section I. 

TJie General Court. 

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

The legislative body shall assemble every year [on the 
last Wednesday in May, and at such other times as they 
shall judge necessary ; and shall dissolve and be dissolved 
on the day next preceding the said last Wednesday in 
May ;] and shall be styled. The General Court of 
Massachusetts . 

II. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, until 
it shall have been laid before the governor for his revisal ; 
and if he, upon such revision, approve thereof, he shall 
signify his approbation by signing the same. But if he 
have any objection to the passing of such bill or resolve, he 
shall return the same, together with his objections thereto, 
in writing, to the senate or house of representatives, in 
whichsoever the same shall have originated ; who shall 
enter the objections sent down by the governor, at large, 
on their records, and proceed to reconsider the said bill or 
resolve. But if after such reconsideration, two-thirds of 
the said senate or house of representatives, shall, notwith- 
standing the said objections, agree to pass the same, it 
shall, together with the objections, be sent to the other 
branchy of the legislature, where it shall also be reconsid- 
ered, and if approved b}^ two-thirds of the members pres- 
ent, shall have the force of a law : but in all such cases, 



COMMONWEALTH OF MASSACHUSETTS. 11 

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

And in order to prevent unnecessary delays, it any bill mease of ad- 
or resolve shall not be returned by the governor within thege^erai 
five days after it shall have been presented, the same shall thefivedaj", 

have the force of a law. 3 Mass. 567. ^nerft" Art. I. 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and judicatories" ^ 
com-ts of record, or other courts, to be held in the name o^dfetc.* ''^*'' 
of the commonwealth, for the hearing, trying, and deter- js^Jrly.^iiT, 
mining of all manner of crimes, offences, pleas, processes, i54. 
plaints, actions, matters, causes, and things, whatsoever, 

arising or happening within the common w^ealth, or between 

or concerning persons inhabiting, or residing, or brought 

within the same : Avhether the same be criminal or civil, 

or whether the said crimes be capital or not capital, and 

whether the said pleas be real, personal, or mixed ; and 

for the awarding and making out of execution thereupon. 

To which courts and judicatories are hereby given and ^""■"a'd'^-ni-gter 

granted full power and authority, from time to time, to oaths. 

administer oaths or affirmations, for the better discovery 

of truth in any matter in controversy or depending before 

them. 

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

11.1 1 i x' J.- / may enact laws, 

given and granted to the said general court, iroiii time to etc. 
time to make, ordain, and establish, all manner of whole- 4 Aii'ln', 473. 
some and reasonable orders, laws, statutes, and ordinances, Hj^^^^""''^^' 
directions and instructions, either with penalties or with- 100 Mass. 544. 
out; so as the same be not repugnant or contrary to this ne Mass. 467, 
constitution, as they shall judge to be for the good and may enact 
welfare of this commonwealth, and for the government J-epugnant to * 
and ordering thereof, and of the subjects of the same, and e^Xuenfsss!'""' 
for the necessary support and defence of the government 
thereof; and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil officers or appointment 
within the said commonwealth, the election and consti- ii5°Massf'602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several thSr duUeT."*"^ 
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 Allen, 428. 

6 Allen, 558. 

8 Allen, 247, 253. 

10 Allen, 235. 

11 Alien, 268. 

12 Allen, 77,223, 
235, 238, 240, 
298, 300, 312, 
313, 5U0, 612. 

98 Mass. 19. 

100 Maes. 285. 

101 Mass. 575, 
585 

103'Mas8. 267. 
114 Mass. 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 estates Ijing, 
within the said commonwealth ; and also to impose and 
levy reasonable duties and excises upon any produce, 
goods, wares, merchandise, and commodities, whatsoever, 
brought into, produced, manufactured, or being within 
th(! same ; to be issued and disposed of" by warrant, under 
the hand of" the governor of. this commonw^ealth for the 
time being, with the advice and consent of the council, 
for the public service, in the necessary defence and sup- 
port of the government of the said commonwealth, and 
the protection and preservation of the subjects thereof, 
according to such acts as are or shall be in force within 
the same. 

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

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



CHAPTER I 



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



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



Section II. 

Senate. 

Article I. [There shall be annually elected, by the 
freeholders and other inhabitants of this commonwealth, 
(jualified 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 time, be 
divided by the general court for that purpose : and the 
general court, in assigning the numbers to be elected by 
the respectiv(; districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
timely make known to the inhabitants of the common- 
wealth the limits of each district, and the number of coun- 
cillors and senators to be chosen therein ; provided, that 
the number of such districts shall never be less than thir- 



COMMONWEALTH OF MASSACHUSETTS. 13 

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

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

II. The senate shall be the first branch of the legislat- Jf^eo^choling 
ure ; and the senators shall be chosen in the following man- senators and 

• 1 11 1 • i_i m -\/r 1 • councillors, bee 

ner, viz. : there shall be a meeting on the [urst Monday in amendmentB, 
April,] annually, forever, of the inhabitants of each town xv.' As 
in the several counties of this commonwealth ; to be called amMdmente, 
by the selectmen, and warned in due course of law, at ^^'KYiodb as to 
least seven days before the [first Monday in April,] for qualifications of 

•^ . L •/ 1 'J voters, Buper- 

the purpose of electing persons to be senators and coun- sededbyamend- 
cillors : [and at such meetino-s every male inhabitant of iii., xx., 
twenty-one years of age and upwards, having a freehold xxx.,x'xxi. 
estate within the commonwealth, of the annual income of word'^'hihabi. 
three pounds, or any estate of the value of sixty pounds, |*ee*ak'|ff,ae'J,d. 
shall have a ri^ht to ffive in his vote for the senators for ments, Art. 

^ ~i . , ,~ . . , , . -, AT XXIlI., which 

the district oi which he is an inhabitant.] And to remove was annulled by 
all doubts concerning the meaning of the word ' ' inhabi- 12'^Gray, 21.' 
tant" in this constitution, every person shall be considered 122 Mass. 095, 
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 seiectmento 

•11 1111 •! i' preside at town 

such meetings impartially ; and shall receive the votes 01 meetings. 
all the inhabitants of such towns present and qualified 
to vote for senators, and shall sort and count them in 
open town meeting, and in presence of the town clerk, Return of votes. 
who shall make a fair record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copy of this record shall be attested by as to cities, see 

11 11 11 11 11 amendments, 

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 

of the contents thereof, and delivered by the town clerk 
of such towns, to the sherift' of the county in which such 
tofiMtwedneB. ^^^^'^ ^^^^^ thirty days at least before [the last Wednes- 
day of January, day in May] annually; or it shall be delivered into the 
ments, Art. X. secretary's office seventeen days at least before the said 
[last Wednesday in May :] and the sheriff of each county 
shall deliver all such certificates by him received, into 
the secretary's office, seventeen days before the said [last 
Wednesday in May.] 
un^ncorporatid A"*^ ^^^ inhabitants of plantations unincorporated, 
plantations qualified as this constitution provides, who are or shall 

who paj' state i i i • i 

taxes, may vote, bc empowcrcd 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 
meetings" havc in their respective towns ; and the plantation meet- 
Time of eiec- ji^o-s for that purpose shall be held annually [on the same 

tion changed by .",-• t • i •i-i ^ • ii 

amendments, tirst Monday in April] , at such place in the plantations, 
Assessor's to respectively, as the assessors thereof shall direct; which 
notify, etc. asscssors sliall have like authorit}^ for notifying the elec- 
tors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, b}^ this con- 
stitution. And all other persons living in places unincor- 
porated (qualified as aforesaid) who shall be assessed to 
the support of government by the assessors of an adjacent 
town, shall have the privilege of giving in their votes for 
councillors and senators in the town where they shall be 
assessed, and be notified of the place of meeting by the 
selectmen of the town where they shall be assessed, for 
that purpose, accordingly. 
Oovernorand HI, And that there ma}^ be a due convention of sena- 
amineand count tors ou the [last Wednesday in May] annuallv, the gov- 

votes, and issue .,, /V n ,-, •-, ,. .1 ,. , ' . , ,i 

summonses. cmor With uvc ot thc couucil, tor the time being, shall, 
to^flr^stwednes- as soou as iiiay be, examine the returned copies of such 
byamendmen't^, ^ccords ; and fourtecn days before the said day he shall 
^'V ^; issue his summons to such persons as shall appear to be 

Majority . ^ tit 

changed to clioscu bv [a, maioritv 01 I voters, to attend on that day, 

plurality by »/L«'.'J ' ^ ./' 

amendments, aiid take their seats accordingly : provided, nevertheless, 
that for the first year thc 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, 
finauudge^of ^^ ' ^hc scuatc shall be the final judge of the elec- 

«iections, etc., tions, rcturns and (jualifications of their own members, as 



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, [on the said ofus own mem- 
last Wednesday in Mavl annually, determine and declare Time changed 

-, I , ^ -',-,. . , r^ to first \\ ednes- 

Aviio are elected by each district to be senators [by a day of January 
majority of votes; and in case there shall not appear to m^entsfArt. x. 
be the full number of senators returned elected by a ^^nged to 
majority of votes for any district, the deficiency shall be Amendments 
supplied in the following manner, viz. : The members of Ait. xiv. 
the house of representatives, and such senators as shall 
be declared elected, sliall take the names of such persons 
as shall be found to have the highest number of votes 
in such district, and not elected, amounting to twice the 
number of senators wanting, if there be so many voted 
for ; and out of these shall elect by ballot a number of ^j^g^"'''®*' ^""^ 
senators sufficient to fill up the vacancies in such district; changed to 
and in this manner all such vacancies shall be filled up in people. 
every district of the commonwealth ; and in like manner nfe^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.] 

V. 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, fsh^ed!'"'''"^" 
of the value of three hundred pounds at least, or possessed ^Mt^Art 
of personal estate to the value of six hundred pounds at ^^ii- _,^ 

1 c ^ ^ PI 1-11 For further pro- 

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

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

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

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

district for which he shall be chosen. 

VI. The senate shall have power to adjourn themselves, senate not to 
provided such adjournments do not exceed two days at a thln'two'daj^s. 
time . 

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

. . i ' i its oflicers and 

point its own omcers, and determine its own rules oi establish its 
proceedings. 

VIII. The senate shall be a court with full authority j^f^^^^'^*" 
to hear and determine all impeachments made by the 

house of representatives, against any officer or officers 

of the commonwealth, for misconduct and mal-administra- 

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

impeachment the members of the senate shall respectively 

be sworn, truly and impartially to try and determine the Oath. 

charge in question, according to evidence. Their judg- Limitation of 

ment, however, shall not extend further than to removal 

from office and disqualification to hold or enjoy any place 



16 



CONSTITUTION OF THE 



Quorum. See 
amendments. 
Arte. XXII. 
and XXXIII. 



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 
XIII., which 
•were also 
superseded by 
amendments, 
Art. XXI. 
7 Mass. 523. 



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
iine in case, etc. 



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



Qualifications 
of a repre- 
sentative. 



CHAPTER I. 
Section III. 

House of Representatives. 

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

II. [And in order to provide for a representation of 
the citizens of this commonwealth, founded upon the prin- 
ciple of equality, every corporate town containing one 
hundred and fifty ratable polls may elect one represent- 
ative ; every corporate town containing three hundred 
and seventy-five ratable polls may elect two representa- 
tives ; every corporate town containing six hundred ratable 
polls may elect thi*ee 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^ 
returning home, once in every session, and no more, shall 
be paid by the government, out of the public treasury, to 
every member who shall attend as seasonably as he can, in 
the judgment of the house, and does not depart without 
leave.] 

III. Every member of the house of representatives 
shall be chosen by ^vritten votes ; [and, for one 3'ear at 



COMMONWEALTH OF MASSACHUSETTS. 17 

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

• , , f 11 V • 1 • 1 •■ • 1 J. J? J} as to residence. 

itant 01, and have been seised in his own right or a tree- seeamend- 
hold of the value of one hundred pounds within the town xxl*'^"^*" 
he shall be chosen to represent, or any ratable estate to f cauons aTol"' 
the value of two hundred pounds: and he shall cease to ishedbyamend- 

• i-T 1. . , ments, Art, 

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

IV. [Every male person, being- twenty-one years of Qualifications 

-,'-.-, "^ . ^ . , ~ . ■, . " of a voter. 

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

1 . , /. , 1 f" 1 T 1 • visions siiper- 

wealth tor the space oi one year next preceding, having a sededby 
freehold estate within the said town of the annual income A^rj^lfL^xx., 
of tliree pounds, or any estate of the value of sixty pounds, xxx^^xxxi 
shall have a rio'ht to vote in the choice of a representative andxxxii. 

~ , , , ^ See also amend- 

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

V. [The members of the house of representatives shall was annulled by 
be chosen annually in the month of May, ten days at least ^f j.fg'e^J' 
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 gfrand House aione 

c ^ • 11 111' 1 can impeach. 

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

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

" , "^ nate all money 

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

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

IX. [Not less than sixty members of the house of Quonim. see 

L , . "^ ^ 1 • • amendments, 

representatives shall constitute a quorum for doino- busi- Arts. xxi. and 

^ -, 1 & XXXIII. 

ness . ] 

X. The house of representatives shall be the judge of To judge of 
the returns, elections, and qualifications of its own mem- itsown'mem- 
bers, as pointed out in the constitution ; shall choose their its officers and^ 
OAvn speaker ; appoint their own officers, and settle the ruiesl'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^c^ray, 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 time of its sitting, shall 
threaten harm to the body or estate of any of its members, 
for any thing said or done in the house ; or who shall 
assault any of them therefor ; or who shall assault, or 
arrest, any witness, or other person, ordered to attend the 



18 



CONSTITUTION OF THE 



Privileges of 
membere. 



Senate. 
Governor and 
council may 
puniBb. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



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

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

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

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



CHAPTER II 



Governor. 



His title. 

To be chosen 
annually. 
QualificatioDB. 
See amend- 
ments. Arts. 
VII. and 
XXXI v. 



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. 

Governoi'. 

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

II. The governor shall be chosen annually ; and no 
person shall be eligible to this oiEce, unless, at the time of 
his election, he shall have been an inhabitant of this com- 
monwealth for seven years next preceding ; [and unless he 
shall at the same time be seised, in his own right, of a 
freehold, within the commonwealth, of the value of one 
thousand pounds ;] [and unless he shall declare himself to 
be of the Cliristian 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 each person against his name ; and shall make a fair 
record of the same in the town books, and a public decla- ab to cities, see 

,. , .1 . Tin-j^i amendments, 

ration thereof m the said meeting; and shall, in the pres- Art.ii. 

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

attested by him and the selectmen, and transmit the same 

to the sherifl' of the county, thirty days at least before the 

[last Wednesday in May] ; and the sherifl' shall transmit ^i^.^'.t'wednes- 

the same to the secretary's office, seventeen days at least day of January 

. "^ - by amend- 

before the said [last Wednesday in May] ; or the select- ments, Art. x. 
men may cause returns of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May] , to be by them changed to 

T 1 • /• 1 ^' 1- r • "i n i' n plurality by 

examined ; and in case oi an election by a [majority] oi an amendments, 
the votes returned, the choice shall be by them declared ^'■^•^^v. 
and published ; but if no person shall have a [majority] of when no person 
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 o;overnor shall have authority, from time to Power of gov- 

1 • !• • 11 T n X ii j-1 ernor, and of 

time, at his discretion, to assemble and caii togetner tue governor and 
councillors of this commonwealth for the time being ; and '^°'*'"^' " 
the governor with the said councillors, or five of them at 
least, shall, and may, from time to time, hold and keep a 
council, for the ordering and directing the affairs of the 
commonwealth, agi-eeably 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 court 

1 , , T ii J. J.' upon request, 

eral court, to adjourn or prorogue the same to any time and convene 
the two houses shall desire ; [and to dissolve the same on as '(Tdis'soiu- 
the day next preceding the last Wednesday in May ; and, *^°°'t^,^l'^^"|f' 
in the recess of the said court, to prorogue the same from 
time to time, not exceeding ninety days in any one recess ;] 
and to call it together sooner than the time to which it 
may be adjourned or prorogued, if the welfare of the com- 
monwealth shall require the same ; and in case of any 
infectious distemper prevailing in the place where the said 
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- 
cbief. 



Limitation. 



happening, whereby danger may arise to the health or 
lives of the members from their attendance, he ma}^ direct 
the session to be lield at some other, the most convenient 
})hice Avithin the state. 

[And the governor shall dissolve the said general com't 
on the day next preceding the last Wednesday in May.] 

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

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

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



COMMONWEALTH OF A^EASSACHUSETTS. 21 

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

VIII. The power of pardoning offences, except such Governor and 
as persons may be convicted of before the senate by an pardon o'ffenceB, 
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 party pleading the same. But not before 

, .,, ,!• ij-1 • conviction. 

notwitustancling any general or particular expressions logMasa. 323. 
contained therein, descriptive of the offence or offences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the judicial offi- 
solicitor-general, [all sheriffs,] coroners, [and registers of nominated^n'd 
probate,] shall be nominated and appointed by the gov- Fo?°provkion8 
ernor, bv and with the advice and consent of the council ; as to election 

'- ••in 1 ^^ attorney- 

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

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

X. The captains and subalterns of the militia shall be Miiitia officers, 
elected by the written votes of the train-band and alarm imitation of 
list of their respective companies, [of twenty-one years blVme^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, b}^ standing laws, du'ect the tmie Election of 
and manner of convening the electors, and of collect- °^°^'"*- 
ing votes, and of certifying to the governor, the officers 
elected. 

The maior-generals shall be appointed by the senate and Major-generau, 

"^ O 1 1 • "^ ,. ,1 howappomted 

house 01 representatives, each havinof a nesfative ui3on the andcommis- 

. . o o 1 sioned 

other ; and be commissioned by the governor. 

For provisions as to appointment of a commissary -general, see amendments, Art. IV. 

And if the electors of brigadiers, field officers, captains vacancies, how 
or subalterns, shall neglect or refuse to make such elec- etc. ' 



22 CONSTITUTION OF THE 

tions, after beino; duly notifiod, according to the laws for 
the time being, then the governor, with advice of council, 
shall apj)oint .suitable persons to till such offices. 
2)mmiL'ioned, [And uo officcr, dulv comuiissioned to connnand in the 
how removed, militia, shall be removed from his office, but by the address 
ainendments, of botli liouscs to the govcmor, or bv fair trial in courts 
martial, pursuant to the laws of the commonwealth for the 
time being.] 
how^appo^i'nted.' ^he 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. 
hoTap^inted "^^^^ govcmor, witli aclvicc 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. 
mmt^^^^*'°° °* '^^^ divisions of the militia into brigades, regiments, and 
companies, made in pursuance of the militia laws now in 
force, shall be considered as the proper divisions of the 
militia of this commonwealth, until the same shall be 
altered in pursuance of some future law. 
draw^'n 'from the ^^- ^^ moncys sliall bc issucd out of the treasury of 
IxTe^Y^etc ^^^^® commonwealth, and disposed of (except such sums as 
13 Allen, 593. may bc appropriated for the redemption of bills of credit 
or treasurer's notes, or for the payment of interest arising 
thereon) but by warrant under the hand of the governor 
for the time being, with the advice and consent of the 
council, for the necessary defence and support of the com- 
monwealth ; and for the protection and preservation of 
the inhabitants thereof, agreeably to the acts and resolves 
of the general court. 
boar^"!*etc., to XII. All pubHc boai'ds, the commissary-general, all 
returns"'*'^^'^'^ 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 witli their a])pendages, and small arms 
with their accoutrements, and of all other public property 
whatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together Avith the condition of such forts 
and orarrisons : and the said commandinij 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 ma,y 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 go^^""""'- 
members of the general court by a dependence on them 
for his support, that he should in all cases act with free- 
dom for the benefit of the public, that he should not have 
his attention necessarily diverted from that object to his 
private concerns, and that he should maintain the dignity 
of the commonwealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, ampl}^ suffi- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts" of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

Permanent and honorable salaries shall also be estab- salaries of jus- 
lished b}^ law for the justices of the supreme judicial court, judfciai^wnir™*' 

And if it shall be found that any of the salaries afore- Salaries to be 
said, so established, are insufficient, they shall, from time insufficient. 
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, fitiTand'quaTi- 
whose title shall be — His Honor; and who shall be amen°dment^sr 
qualified, in point of [religion,] [property,] and residence xxxrv.^' ^'''^ 
in the commonwealth, in the same manner with the gov- 
ernor ; and the day and manner of his election, and the 
qualifications of the electors, shall be the same as are re- 
quired in the election of a governor. The return of the now chosen. 
votes for this officer, and the declaration of his election, 
shall be in the same manner ; [and if no one person shall p/uranty p'^ro- 
be found to have a maiority of all the votes retm'ned, the videdforby 

1 n 1 yn i i i i i n amendments, 

vacancy shall be filled by the senate and house oi 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 liis 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 <>:overnor shall be vacant. 



III. 



Whenever the chair of the governor shall be 



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



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



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

Superseded by 
amendments. 
Art. XVI. 



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



CHAPTER II. 
Section III. 

Council, and the Manner of sefflinc/ Elections by the Legis- 
lature. 

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

II. [Nine councillors shall be annually chosen from 
among the persons returned for councillors and senators, 
on the last Wednesday in May, by the joint ballot of 
the senators and representatives assembled in one room ; 
and in case there shall not be found upon the first choice, 
the whole number of nine persons who will accept a seat 
in the council, the deficiency shall be made up by the 
electors aforesaid from among the people at large ; and 
the number of senators left shall constitute the senate 
for the year. The scats of the persons thus elected from 
the senate, and accepting the trust, shall be vacated in the 
senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

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

IV. [Not more than two councillors shall be chosen No district to 
out of any one district of this commonwealth.] two. 

Superseded by amendments, Art. XVI. 

V. The resolutions and advice of the council shall be Register of 
recorded in a register, and signed by the members present ; °°^"" " 
and this record may be called for at any time by either 
house of the legislature ; and any member of the council 

may insert his opinion, contrary to the resolution of the 
majority. 

VI. Whenever the office of the governor and lieuten- council to exer- 
ant-governor shall be vacant, by reason of death, absence, "/governoirfn 
or otherwise, then the council, or the major part of them, <"*«^'®*<=- 
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- unt'u.^et'c'!"^'* 
ally, by the two houses of the legislatm'e, may not be 
completed on that day, the said elections may be adjourned 

from day to day until the same shall be completed. And guperg*^d'ed°by 
the order of elections shall be as follows : the vacancies in amendments, 
the senate, if any, shall first be filled up ; the governor xxv. 
and lieutenant-governor shall then be elected, provided 
there should be no choice of them by the people ; and 
afterwards the two houses shall proceed to the election of 
the council.] 



CHAPTER II. 
Section IV. 

Secretary, Treasurer, Co'inmissary, etc. 

Article I. [The secretary, treasurer and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] ho\7cho8e^n. 
naval officers, shall be chosen annually, by joint ballot of to^eiection'of *^ 
the senators and representatives in one room. And, that ^^^erTuIte-^^^' 
the citizens of this commonwealth may be assured, from ceivergenerai, 

.■..,,. and auditor and 

time to time, that the moneys remainmg in the public attomeygen- 
treasury, upon the settlement and li(|uidation of the pub- men'ts, Art. 



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for 
more than five 
euccesBive 
years. 



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



lie accounts, are their property, no man sliall be eligible 
a.s treasurer and receivcr-(>;enoral more than five j^ears 
successively. 

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

II. The records of the commonwealth shall be kept in 
the office of the secretary, who may appoint his deputies, 
for whose conduct 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. 



CHAPTEE 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 Cush. 584. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



JUDICIARY PC WEE,. 

Article I. The tenure, that all commission officers 
shall by law have in their offices, shall be expressed in 
their respective commissions. All judicial officers, duly 
appointed, commissioned, and sworn, shall hold their offices 
dm-ing good behavior, excepting such concerning whom 
there is different provision made in this constitution : 
provided, nevertheless, the governor, with consent of the 
council, may remove them upon the address of both houses 
of the legislature. 

II. Each branch of the legislature, as well as the gov- 
ernor and council, shall have authority to require the opin- 
ions of the justices of the supreme judicial court, upon 
important questions of law, and upon solemn occasions. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ^ivorc^e^and 
all appeals from the judges of probate, shall be heard and Qijfg*^"^'^^,. 
determined by the governor and council, until the legis- visions made 

•^ o ^ ^ ^ t-j fjy law, 

lature shall, by law, make other provision. 105 Mass. 327. 

•^ ^ • 116 Mass. 317. 



CHAPTER lY. 

DELEGATES TO CONGRESS. 

[The deleofates of this commonwealth to the congress of Delegates to 

L O • 1 1 c T congress. 

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



CHAPTER V. 

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

Section I. 

The University. 

Article I. Whereas our wise and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, ^°"®s®- 
laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public employments, both in church 
and state : and Avhereas the encourao-ement 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, prfvi- 
Harvard College, in their corporate capacity, and thrpresfdent 
their successors in that capacity, their officers and ser- conVrmeJ.^* 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, immuni- 
ties, and franchises, which they now have, or are entitled 



28 



CONSTITUTION OF THE 



All gifts, 
grants, etc 
conlirmed. 



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 grantors, 
devisor or devisors. 

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

Power of altera- provided, that nothing herein shall bo construed to prc- 
the"iegi8iature.° vcut thc 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. 



Who Bhall be 
overseers. 

See Statutes, 

1851, 224. 

1852, 27. 
1859. 212. 
1865, 173. 
1880. 65. 



COMMONWEALTH OF MASSACHUSETTS. 29 

CHAPTER V. 
Section H. 

27^6 Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diflused gen- Dutyofiegisiat- 
erally among the body of the people, being necessary for "stmtesln^aif' 
the preservation of their rights and liberties ; and as these j^^^furtheTpro- 
depend on spreadino^ the oiDportunities and advantao-es of visions as to 

^..i ~. '- >■ , o public schools, 

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

. ^ ments Art 

the difierent orders of the people, it shall be the duty xviii. 
of legislatures and magistrates, in all future periods of 503. ^°'^ 
this commonwealth, to cherish the interests of literature ws Mass. 94,97. 
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 agricultm^e, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and fi'ugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the people. 



CHAPTER VI. 

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

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

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

' ' ' . , . amendments, 

gion, and have a firm persuasion of its truth ; and that I Art. vii. 
am seised and possessed, in my own right, of the property 
required by the constitution, as one qualification for the 
office or place to which I am elected." 

And the governor, lieutenant-governor, and councillors, 
shall make and subscribe the said declaration, in the pres- 



30 



CONSTITUTION OF THE 



Declaration and 
oaths of all 
officers. 



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



Oath of office. 



Proviso. See 
amendments. 
Art. VI. 



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

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

[" I, A. B., do truly and sincerely acknowledge, profess, 
testify, and declare, that the Commonwealth of Massachu- 
setts is, and of right ought to be, a free, sovereign, and 
independent state ; and I do swear, that I will bear true 
faith and allegiance to the said commonwealth, and that I 
will defend the same against traitorous conspiracies and all 
hostile attempts whatsoever ; and that I do renounce and 
abjure all allegiance, subjection, and obedience to the king, 
queen, or government of Great Britain (as the case may 
be) , and every other foreign power whatsoever ; and that 
no foreign prince, person, prelate, state, or potentate, 
hath, or ought to have, any jm-isdiction, superiority, pre- 
eminence, authority, dispensing or other power, in any 
matter, civil, ecclesiastical, or 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 testify and declare, that 
no man or body of men hath or can have any right to 
absolve or discharge me from the obligation of this oath, 
declaration, or affirmation ; and that I do make this ac- 
knowledgment, profession, testimony, declaration, denial, 
renunciation, and abjuration, heartily and truly, according 
to the common meaning and acceptation of the foregoing 
w^ords, 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] ' ' s^vear 
and" and [in each of them] the words " So help me, 
God;" subjoining instead thereof, " This I do under the 
pains and jjenalties oj^ ^jerjuri/." 

And the said oaths or affirmations shall be taken and affirmations 
subscribed by the governor, lieutenant-governor, and coun- how adminia- 
cillors, before the president of the senate, in the presence 
of the two houses of assembly ; and by the senators and 
representatives first elected under this constitution, before 
the president and five of the council of the former consti- 
tution ; and forever afterwards before the governor and 
council for the time being ; and by the residue of the 
officers aforesaid, before such persons and in such manner 
as from time to time shall be prescribed by the legislature. 

H. No governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial court, shall hold any other office or place, hibited^tcTgov- 
under the authority of this commonwealth, except such as except.^etc. 
by this constitution they are admitted to hold, saving that me^n?™Xrt. 
the judges of the said coiu-t may hold the offices of justices viii. 
of the peace thi'ough 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^fg^'^sll'''* 
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, Avhich 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 tlic office of judge of the supreme incompatible 
judicial com-t — secretary — attorney-general — solicitor- For*'further pro- 
general — treasurer or receiver-general — judge of probate ^co°mpatlbre 

— commissary-general — [president, professor, or instruc- amendments 
tor of Harvard Collco-e1 — sherifl' — clerk of the house of :^lj-"^iii: ' 

. -^ i. . ^11 Officers of Har- 

representatives — register oi probate — register oi deeds vardCoUege 

— clerk of the supreme judicial court — 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 



CONSTITUTION OF THE 



Incompatible 
offices. 



Bribery, etc., 
disqualify. 



Value of money 
ascertained. 



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



Provisions 
respecting 
commissions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 59. 

2 Mass. 534. 

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



Benefit of 
habeas corpus 
secured, except, 
etc. 



same time have a seat in the senate or house of representa- 
tives ; but their being chosen or appointed to, and accept- 
ing the same, shall operate as a resignation of their seat in 
the senate or house of representatives ; and the place so 
vacated shall be filled up. 

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

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

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

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

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

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

VII. The privilege and benefit of the writ of habeas 
corpus shall be enjoyed in this commonwealth, in the most 
free, eas}^ cheap, exj^editious, and ample manner ; and 
shall not be suspended hy the legislature, except upon the 
most urgent and pressing occasions, and for a limited 
time, not exceeding twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

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

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

of the said government and people, at the time this con- 
stitution shall take effect, shall have, hold, use, exercise, 
and enjoy, all the powers and authority to them gi-anted 
or committed, until other persons shall be appointed in 
their stead ; and all com-ts of law shall proceed in the 
execution of the business of their respective departments ; 
and all the executive and legislative officers, bodies, and 
powers shall continue in full force, in the enjoyment and 
exercise of all their trusts, employments and authority ; 
until the general coiu't, and the supreme and executive offi- 
cers under this constitution, are designated and invested 
with their respective trusts, powers, and authority. 

X. [In order the more effectually to adhere to the Provieionfor 
principles of the constitution, and to correct those viola- stHutionf°° 
tions which b}^ any means may be made therein, as well provi8i'o^''af to 
as to form such alterations as from experience shall be g^^am^n^-*^' 
found necessary, the general court which shall be in the ments, Art. ix. 
year of our Lord one thousand seven hundred and ninety- 
five, shall issue precepts to the selectmen of the several 

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

And if it shall appear, by the returns made, that two- Provision for 
thirds of the qualified voters throughout the state, who atsTutioir"" 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general com*t 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^e^*ingand ^I- Tliis foriii of government shall be enrolled on 

constitution!'''' 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 futm:'e editions of the said laws. 



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



General court 
empowered to 
charter cities. 
122 Mass. 354. 



Proviso. 

112 Mass. 200. 



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



AETICLES OF AMENDMENT. 

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

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

Art. III. Every male citizen of twenty-one years of 
age and upwards, excepting paupers and persons under 
guardianship, Avho shall have resided within the common- 
wealth one year, and within the town or disti'ict 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, an}^ state 



COMMONWEALTH OF MASSACHUSETTS. 35 

or county tax, which shall, within two 3'ears next preced- i.22Ml8(f^595 
ins: such election, have been assessed upon him, in any 597. 

^ ,.,',.,, 1.1 11 124 Mass. 596. 

town or district 01 tins commonwealth ; and also every For educational 
citizen who shall be, by law, exempted from taxation, 8ee''amTnd°"' 
and who shall be, in all other respects, qualified as above FoTpro^isira^' 
mentioned,] shall have a right to vote in such election of ^ave s^rTedTu ° 
governor, lieutenant-governor, senators, and representa- the army or 

~ ' o in -11 • navy in time 

tives ; and no other person shall be entitled to vote m of war, see 

, , . amendments, 

such election. Arts.xxviii. 

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

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

.1 • 1 • • 1 /r> how appointed 

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

[In case the office of secretary or treasurer of the com- Vacancies in the 

lii 1 11 1 2^ _<• 1 • offices of secre- 

mon wealth shall become vacant irom any cause, dm'ing tary and treas- 
the recess of the general court, the governor, with the Tmsciausf^'^*^' 
advice and consent of the council, shall nominate and aX^'nd^ent^^ 
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 geiJ^J^l^may be 
require the appointment of a commissary-general, he shall appointed, in 
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, 

, ^ f ly ' 1 i 1 T • how removed. 

may be removed ironi office m such manner as the legis- 
lature may, by law, prescribe. 

Art. V. In the elections of captains and subalterns who may vote 
of the militia, all the members of their respective compa- subafternT.^ ""'^ 
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 ^y'aVoffiVers.^'' 
by the constitution, the followino- oath shall be taken and %T^rV^^:\ t 

1 -T. 1 1 1 • 1 Ch. 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 THP: 

Quaker may J^wvided, That when any person shall be of the denomi- 
afflrm. nation 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." 
Tests abolished. Art. VII. No oatli, 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 res[)ective offices, 
of offlTes"^""^ -^^T. VIII. No judge of any court of this common- 
122 Mass. 445, wealth, (cxccpt the court of sessions,) and no person 
izsMass. 535. holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorney, clerk 
of any court, sheriff, treasurer and receiver-general, reg- 
ister of probate, nor register of deeds, shall continue to 
hold his said office after being elected a member of the 
Congress of the United States, and accepting that trust ; 
but the acceptance of such trust, by any of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 
^M^uuiTion*^ *'' Art. IX. If, at any time hereafter, any specific and 
how made. particular amendment or amendments to the constitution 
be proposed in the general court, and agreed to by a ma- 
jority of the senators and two-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the ^^eas and nays 
taken thereon, and referred to the general court then next 
to be chosen, and shall be published ; and if, in the general 
court next chosen as aforesaid, such proposed amendment 
or amendments shall be agreed to by a majority of the 
senators and two-thirds of the members of the house of 
representatives present and voting thereon, then it shall 
be the duty of the general court to submit such proposed 



COMMONWEALTH OF I^IASSACHUSETTS. 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 purpose, they shall become part of 
the constitution of this commonwealth. 

Art. X, The political year shall begin on the first commencement 
Wednesday of Januar}^ instead of the last Wednesday of 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 Wednesday of May. And the general court shall be ^^^^^^^^°''''^■ 
dissolved on the da}'^ next preceding the first Wednesday 
of January, without any proclamation or other act of the 
governor. But nothing herein contained shall prevent 
the ireneral 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 theu* respective offices for one year 
next following the first Wednesday of January, and until 
others are chosen and qualified in their stead. 

[The meeting for the choice of governor, lieutenant- ^of^e of gov*^^ 
governor, senators, and representatives, shall be held on emor, lieuten- 

1 1 T «- 1 1^' -vr 1 • I- J. ant-governor, 

the second Monday oi JNovember in every year; but etc., when to be 
meetings may be adjourned, if necessary, for the choice Thisciauee 
of representatives, to the next day, and again to the next ameli'^dmemB'^^ 
succeeding day, but no further. But in case a second ^r*. 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 when the same shall be operation. 
duly ratified and adopted as an amendment of the consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 



38 



CONSTITUTION OF THE 



Inconsistent 

provisions 

annulled. 



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



122 Mase. 40,41. 



Census of rata- 
ble polls to be 
taken in 1837, 
and decennially 
thereafter. 
This article was 
superseded by 
amendments. 
Art. XIII., 
which was also 
superseded by 
amendments, 
Art. 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 conforniably 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. XL Instead of the third article of the bill of 
rights, the following modification and amendment thereof 
is substituted : — 

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

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



COMMONWEALTH OF MASSACHUSETTS. 39 

ble 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 thi'eo hun- 
dred, one representative more. 

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

Any city or town having ratable polls enough to elect feprelented.'"^ 
one or more representatives, with any number of polls 
beyond the necessary number, may be represented, as to 
that surplus number, by multiplying such surplus number 
by ten and dividing the product by four hundred and fifty ; 
and such city or town may elect one additional representa- 
tive as many years, Avithin the ten years, as four hundred 
and fifty is contained in the product aforesaid. 

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

The governor and council shall ascertain and determine. The governor 
within the months of July and August, in the year of our deferm^ne'the 
Lord one thousand eight hundred and thirty-seven, accord- r"g™ntativerto" 
ing to the foregoing principles, the number of representa- J^^'n^js^gntitied 
fives, which each city, town, and representative district 
is entitled to elect,, and the number of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
representative ; and Avhere 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- 

,1 /., 1 ,1 1 M 1 j_i ment to be made 

years, thereaiter, by the governor and council, and the once in every 
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 tlie number of representatives to be elected 
by each city, town, or representative district is ascertained 
and determined as aforesaid, the governor shall cause the 
same to bo 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* ^^^ ^^^^ provlsious of the existing constitution incon- 

annuiied. sistcut with the provisions herein contained, are hereby 

wholly annulled.] 
habUant°s^o°i)e Art. XIII. [A ccnsus of the inhabitants of each city 
taken in 1840 j^,^(j towu. On the first dav of May, shall be taken, and 

and decennially ' J J ^ ' 

thereafter, for retumcd luto the Secretary s ornce, on or beiore the last 
sentation. day of Juuc, of the year one thousand eight hundred and 

cenJu8*Buper- ° forty, and of every tenth year thereafter ; which census 
mentll'A'rte!'"^" ^^^^^^ determine the apportionment of senators and repre- 
XXI. and XXII. .sentativcs for the term of ten years. 122 Maes. 595. 

frlcfs^deciarld The scveral senatorial districts now existing shall be 
permanent. permanent. The senate shall consist of forty members : 

Provisions as to i , i • i i i i i <> 

senatore super- and lu the year one thousand eight hundred and lorty, 

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

^^^' shall assio;n 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. 

^ntafiveVZw" The iiiembers of the house of representatives shall be 

apportioned. apportioncd in the foUowino; manner : Every town or city 

Provisions astoiJ-.. ii-ii-j ^ i 

representatives Containing twclvc huiidrcd inhabitants may elect one rep- 
am^en'dme^nts/ rcsentativc ; and two thousand four hundred inhabitants 
Art. XXI. .shall be the mean increasing number, which shall entitle 

it to an additional representative. 
Small towns, Evcry towu containino; less than twelve hundred inhab- 

now repre- J o 

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. 
Zn^el^o^ Any two or more of the several towns may, by consent 

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



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 inhaHljitants. 

The number of inhabitants which shall entitle a town Basis of 

, 1 . i i* 1 ii • • representation, 

to elect one representative, and the mean increasing 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 Jn^dc^lJnciTto 
council shall, before the first day of September, apportion n^^ber""/^^ 
the number of representatives which each city, town, and representatives 
representative district is entitled to elect, and ascertain once in every 
how many years, within ten years, any town may elect a ^^'^y^'*'^^- 
representative, which is not entitled to elect one every 
year ; and the governor shall cause the same to be pub- 
lished forthwith. 

Nine councillors shall be annually chosen from among councillors to 
the people at large, on the first Wednesday of January, the^propte It"^ 
or as soon thereafter as may be, by the joint ballot of the prfvisions as to 
senators and representatives, assembled in one room, who gupergededbv 
shall, as soon as may be, in like manner, fill up any vacan- ^lendments, 
cies that may happen in the council, by death, resignation, 
or otherwise. No person shall be elected a councillor, who Qualifications 
has not been an inhabitant of this commonwealth for the ° 
term of five years immediately preceding his election ; 
and not more than one councillor shall be chosen from 
any one senatorial district in the commonwealth.] 

No possession of a freehold, or of any other estate, shall quaimclftion'for 
be required as a qualification for holdins: a seat in either a seat in general 

1 i . , ® . ., court or council 

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

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

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



42 CONSTITUTION OF TIIK 

resentatives on that day, a second meeting shall be holden, 
for that jiurpose, on the fourth Monday of the same montli 
of November. 
Eight council- ^j^rp XVI. Eio-ht conneiHors shall be annually ehosen 

lors to be chosen . pi- i-^ i 

by the people, bv the inhabitants oi this commonwealth, qualmed to vote 

12'^ MasB 595 *^ 

598. ' ' for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its first ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 

Legislature to thercafterwards, shall divide the commonwealth into eight 

distnct state. , . . „ . . , . . , 

districts or 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, hoivever, that if, at an}^ 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 thne, established by the legis- 

diftned."^ latiire. 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- 

Dayandman- ^jy,^ 'j'j^g (j^y ^^^^ manner of thc election, the return of 

ner of election, .- ^ i • i i • in 

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

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

fiued""^'' ^"^ [Whenever there shall be a failure to elect the full num- 

Fornewpro- jh>gj. ^f couucillors, tlic vacauclcs shall be filled in the same 

vision as to . • i j? £ii- • • a1 *. 

vacancies, see manner as IS required for filling vacancies in tne senate ; 

amendments, , . ^ . -> ^ -i t\ ir? j.ij.j. 

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 \)^^ after such vacaucics shall have ha]:)pened.l And that 

the government. ' i i • ^i • /• x* xu 

there may be no delay in the organization of the govern- 
ment on the first Wednesdaj' of flanuarv, 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 
Januar}^ he shall issue his summons to such persons as 
appear to be chosen, to attend on that day to be (j^ualified 
accordingly ; and the secretary shall lay the returns before 
the senate and house of representatives on the said first 
AYediiesday in January, to be by them examined ; and in 
case of the election of citlicr 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 secretarj^ treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen urerfauditor,^^' 
annually, on the day in November prescribed for the genera?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 declaration of the election , shall be such as are required 
in the election of governor. In case of a failure to elect vacancies, how 

, . " . filled. 

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 Januar}^ next thereafter, from 
the two persons who had the highest number of votes for 
said offices on the day in November aforesaid, by joint 
ballot of the senators and representatives, in one room ; 
and in case the office of secretary, or treasurer and receiver- 
general, or auditor, or attorney-general, shall become va- 
cant, from any cause, dm"ing an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occiu" at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the To qualify 
offices aforesaid, shall neglect, for the space of ten days Tther'^vif^oftke 
after he could otherwise enter upon his duties, to qualif}^ vacant ^^'"^'^ 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to Qualification 
either of said offices unless he shall have been an inhabi- "'^'^*^**®* 
tant of this commonAvealth 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 pHed'fo? seJta- 
all moneys which may be appropriated by the state for Fo?orig?niT 
the support of common schools, shall be applied to, and provision as to 



44 



CONSTITUTION OF THE 



schools, see 
constitution, 
Part First, Art. 

m. 

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, 1. 
13 Gray, 74. 



Reading consti- 
tution in 
English and 
writing, neces- 
sary qualifica- 
tions of voters. 
Proviso. 
For other quali- 
fications, see 
amendments. 
Art. III. 
See also amend- 
ments. Art. 
XXIII., which 
was annulled by 
amendments. 
Art. XXVI. 

Census of legal 
voters and of 
inhabitants, 
when taken, 
etc. See 
P. 8. 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 laAV, 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-attorne3^s 
shall be chosen by the people of the several districts, for 
such term of office as the legislature shall prescribe. 

110 Mass. 1V2, 173. 117 Mass . 602, 603. 121 Mass. 65. 

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

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

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



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 may be after it is determined cers' authorized 
by the legislature, the number of representatives to which counties! 
each county shall be entitled, to the board authorized to 
divide each county into representative districts. The 
mayor and aldermen of the city of Boston, the county 
commissioners of other counties than Sufiblk, — or in lieu 
of the mayor and aldermen of the city of Boston, or of the 
county commissioners in each county other than Suffolk, 
such board of special commissioners in each county, to 
be elected by the people of the county, or of the towns 
therein, as may for that purpose be provided by law, — 
shall, on the first Tuesday of August next after each Meeting for 
assignment of representatives to each county, assemble at firltTuesday 
a shire town of their respective counties, and proceed, as pr^eldilgs. 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding Quaiiflcationsof 
his election, shall have been an inhabitant of the district i22MasB!'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- des^ribTd 'and 
tion of each, with the numbers thereof and the number ''®''*'^®*^- 
of legal voters therein, shall be returned by the board, to 
the secretary of the commonwealth, the county treasurer 
of each county, and to the clerk of every town in each 
district, to be filed and kept in their respective offices. 
The manner of callins: 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^.'xxxm. 
constitute a quorum for doing business ; but a less num- 
ber may organize temporarily, adjourn from day to day, 
and compel the attendance of absent members.] 

Art. XXII. A census of the legal voters of each city Census, etc. 
and town, on the first day of May, shall be taken and 



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to con- 
sist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments. 
Art. XXXUI. 



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- 
wealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special 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 enumei^tion aforesaid shall determine the apportion- 
ment of senators for the periods between the taking of the 
census. The senate shall consist of forty members. The 
general court shall, at its first session after each next pre- 
ceding special enumeration, divide the commonwealth into 
forty districts of adjacent territory, each district to contain, 
as nearly as may be, an equal number of legal voters, ac- 
cording to the enumeration aforesaid : provided, however, 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect one 
senator, who shall have been an inhabitant of this com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from daj'^ to day, and compel the attendance of 
absent members.] 

Art. XXIII. [No person of foreign birth shall be en- 
titled to vote, or shall be eligible to office, unless he shall 
have resided within the jurisdiction of the United States 
for two years subsequent to his naturalization, and shall 
be otherwise qualified, according to the constitution and 
laws of this commonAvealth : provided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth j)ossessed at the time of the adoption thereof; and, 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born 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. 



C^OMMON WEALTH OF MASSACHUSETTS. 47 

Art. XXV. In case of a vacancy in the council, from va^nciesinthe 
a failure 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-turd 
of amendment of the constitution of this commonwealth, amendments 
which is as follows, to wit: " No person of foreign birth '^^^'^'^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 naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : provided, that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the tem- 
porary absence of the parent therefrom," is hereby wholly 
annulled. 

Art. XXVII. So much of article two of chapter six Provisions of 

.1 .. /.I. 1,1 ij.i Art. II., Chap. 

of the constitution of this commonwealth as relates to per- vi., relating to 
sons holding the office of president, professor, or instructor vardTcoiieget 
of Harvard College, is hereby annulled. ^°^""^''- 

Art. XXVIII. No person having served in the army superseded by 

-7 . f, 11' Art. AJLA.1. 

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

Art. XXIX. The general court shall have full power Voting pre- 

o . /. 1 X cinots in towns. 

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 ?"a*in^of ^ 
representatives, shall, by reason of a change of residence dencfuntiiMx 
witliin the commonwealth, be disqualified from voting for t^°f^fVem^^ai. 
said officers in the citv or town from which he has removed 



48 



CONSTITUTION OF THE 



Amendments, 
Art. XXVUl. 
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 
property quali- 
fication of 
governor, 
annulled. 



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



his residence, until the expiration of six calendar months 
from the time of such removal. 

Art. XXXI. Article twent3^-eight of the amendments 
of the constitution is hereby amended b}'^ striking out in 
the fourth line thereof the words " being a pauper", and 
inserting in place thereof the words : — receiving or having 
received aid from any city or town, — and also by striking 
out in said fourth line the words " if a pauper", so that 
the article as amended shall read as follows : Article 
XXVIII. No person having served in the army or navy 
of the United States in time of war, and having been hon- 
orably discharged from such service, if otherwise qualified 
to vote, shall be disqualified therefor on account of receiv- 
ing or having received aid from any city or town, or be- 
cause of the non-payment of a poll tax. 

Art. XXXII. So much of article three of the amend- 
ments of the constitution of the commonwealth as is con- 
tained in the following words : " and who shall have paid, 
by himself, or his parent, master, or guardian, any state or 
county tax, which shall, within two years next preceding 
.such election, have been assessed upon him, in any town 
or district of this commonwealth ; and also every citizen 
who shall be, by law, exempted from taxation, and who 
shall be, in all other respects, qualified as above men- 
tioned ", is hereby annulled. 

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

Art. XXXIV. So much of article two of section one 
of chapter two of part the second of the constitution of 
the commonwealth as is contained in the following Avords : 
"and unless he shall at the same time be seised, in his 
own right, of a freehold, within the commonwealth, of the 
value of one thousand pounds" ; is hereby annulled. 

Art. XXXV. So much of article two of section three 
of chapter one of the constitution of the commonwealth 
as is contained in the following words : " The expenses of 
travelling to the general assembl}^ 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 

merit 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 : " conmiis- 
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 "Wechiesday of the ensuing June. In the mean time the 
constitution was submitted to the people, to be adopted by them, 
provided two-thirds of the votes given should be in the affirmative. 
\\'Tien 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 jjlace on the last Wednesday of October next ; 
and not before, for any purpose, 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 submitted, by delegates 
in convention assembled, November 15, 1820, to the people, and by 
them ratified and adopted April 9, 1821. 

The tenth Article was adopted by the legislatures of the political 
years 1829-30 and 1830-31, respectively, and was approved and 
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 ajjproved and ratified 
by the people November 11, 1833. 

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

The thirteenth Article was adoj^ted by the legislatures of the politi- 
cal years 1839 and 1840, respectively, and was ajiproved and ratified 
by the people the sixth day of April, 1840. 

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

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



50 CONSTITUTION OF MASSACHUSETTS. 

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

Tlie twenty-fourth and twenty-fifth Articles were adopted by the 
legislatures of the political years 1859 and 1860, and ratified by the 
2)eople on the seventh day of May, 1860. 

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

The twenty-seventh Article was adopted by the legislatures of the 
political years 1876 and 1877, and was approved and ratified bv 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 a^jproved and ratified by the 
peojjle 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 apjjroved and ratified Ijy the 
people ou 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 the third day of November, 1891. 

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

The thirty-fifth Article was adopted by the legislatures of the 
political years 1892 and 1893, and was approved and ratified hj 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 18!)(;, were rejected by the people at 
the annual election held on tJie 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-general, appointed by the governor, .... 22 
Adjutants, to be appointed by commanding oificers 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 

51 



52 INDEX TO THE CONSTITUTION. 



Page 



Attorney-general, vacancy occurring during session of the legislat- 
ure, lilled by joint l^allot 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 lor revisal, . . 10 

to have force of law if signed by governor, .... 10 

if objected to by governor in writing, to be returned to 
branch in which originated, and may be passed by two- 
thirds of each branch present and voting thereon by yeas 
and nays, .......... 10 

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

before that time expires, 11,34 

Boards, public, to make quarterly reports to the governor, . . 22 
Body politic, formation and nature of, ..... . 3 

title of : The Commonwealth of Massachusetts, ... 10 
Bribery or corruption used in procuring an appointment or elec- 
tion, to disqualify from holding any office of trust, etc., . 32 

c. 

Census of ratable polls, 38 

of inhabitants, 40, 44, 45 

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

every tenth year thereafter, 44, 46 

enumeration of voters to determine the apportionment of 

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



INDEX TO THE CONSTITUTION. 53 

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

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

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

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 eftect, it 
shall be submitted to the peojjle, 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 president of the senate in 

presence of both houses of assembly, .... 29 
to rank next after the lieutenant-governor, .... 25 
resolutions and advice to be recorded in a register, and signed 

by the members present, 25 

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

and lieutenant-governor is vacant, 25 



54 



INDEX TO THE CONSTITUTION. 



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 3'ears pre- 
ceding election, ......... 

temi 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, 

Coiirt, superior, judges not to hold certain other offices. 
Court, supreme judicial, jvidges 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., Avhen 
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 people of the several counties, . 
Courts and judicatories may be established by the general court, 

may administer oaths or affirmations, .... 
Crimes and ofi^ences, prosecutions for, regulated, . 
Crimes to be proved in the vicinity of where they happen, . 



P.age 
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 judicial, to be kept separate, 9 

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

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

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

several counties, 39,45 

Divorce, alimony, etc., 27 



E. 

Educational interests to be cherished, 29 

Elections ought to be free, 6 

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



INDEX TO THE CONSTITUTION. 55 

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

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

on fourth Monday in November, 41, 42 

Election returns, 13,42 

Enacting style of laws, established, 33 

Equality and natural rights of all men , 4 

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

^xpos</«c('o laws, declared imjust and opiiressive, ... 9 

F. 

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

Fines, excessive, not to be imposed, .... 

Frame of government, ......... 10 

Freedom of speech and debate in the legislatvire, . 

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 freqvient 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 public service, . 12 
to be dissolved on the day next preceding the first Wednes- 
day of January, . 20,37 

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

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



5() INDEX TO THE CONSTITUTION. 

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

to office 32 

certain officers not to have seats in, 31 

may be j^rorogued by governor and council for ninety days, if 

houses disagree, etc., 20 

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

empowered to charter cities, ....... 34 

to determine election of governor, lieutenant-governor and 

councillors,. ......... 41,42 

to prescribe by law for election of 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 army and navy, but may not 

oblige them to go out of the limits of the state, . . 20, 21 
to appoint the adjutant- general, . . . • # • 22 

may call together the councillors at 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 

with advice of council, may adjourn or prorogue the legislat- 
ure upon rec^uest, 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 CONSTTrUTION. 57 

Page 
Governor, to appoint officers of the continental army, ... 22 
may jjardon offences, 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 susjjended by legislature except 

upon most virgent 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 oflices and privileges, absurd and unnatural, . .5,6 

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

a representation of the people annually elected and founded 

upon the princijile of equality, 16 

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

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

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

large upon records, 10 

qualifications of members, 17,41,45 

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

members not to be arrested on mesne process during going 

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

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

concur 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. 

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

may require the attentlance of secretary of tlie commonwealtli 

in person or by deputy, 26 

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

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

first Monday of November, 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 



I. 

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

indictment, 15, 16 

Incompatible offices, 31,36 

" Inhabitant,'' the word defined, 13 

Inhabitants, census to be taken in 1865, 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 ofiice 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 
recjuired 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 w^hen otherwise 

jjrovided by the constitution, 26 

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

of both houses of the legislature, 26 

Jury, trial b}, right secured, . 7 

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

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

L. 

Law-martial, only those employed in the army and navy, and the 
militia in actual service, subject to, except by authority 
of the legislature, ........ 9 

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

projjerty, .......... 6 

power of suspension or execution of, only in the legislature, . 8 

ex j)ost facto, prohibited as unjust and inconsistent with free 

government, ......... 9 

of province, colony and state, not repugnant to the constitu- 
tion, continued in force, 32 

Legislative power, 9 

Legislative department, not to exercise executive or judicial powers, 9 

Legislature (see General Court). 

Liberty of the press, essential to the secui'ity 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 president of the council, . 24 
to be acting governor Avhen the chair of the governor is 
' vacant, .......... 24 

to take oath of office before president of the senate in pres- 
ence of both houses, ........ 31 

not to hold certain other offices, .31 

term of office, 37 

Literature and the sciences to be encouraged, .... 29 

M. 

Magistrates and officers, accountable to the people, ... 5 

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

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

concurrent vote, 21 

may appoint their aids, 22 

Marriage, divorce and alimony, 27 



60 INDEX TO THE CONSTITUTION. 

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

of legislatui-e, 9 

Military power, subordinate to civil authority, .... 8 
Militia, not to be obliged by commander-in-chief to march out of 

the limits of the state, 21 

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

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

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

brigadiers, elected by field officers, 21 

major-generals, elected by senate and house of representatives 

l)y concurrent vote, 21 

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

may appoint officers, ........ 22 

officers commissioned to command may be removed as may 

be prescribed by law, 22, 35 

appointment of staff officers, ....... 22 

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

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

shillings and eight pence per ounce, ..... 32 

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

to be applied for support of sectarian schools, ... 43 

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

Moral qualifications for office, 8 

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

address of both houses, 35 

o. 

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

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

forms of, 29, 30, 35 

30,36 

35 

3,6 

7 

32 

6 



Quakers may affirm, ....... 

to be taken by all civil and military officers, . 

Objects of government, 

Offences and crimes, prosecutions for, regulated, . 

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

Office, rotation in, right secured, 

all persons having the prescribed qualifications equally eli 
gible to, 



INDEX TO THE CONSTITUTION. 61 

Page 
Office, no person eligible to, unless they can read and write, . 44 
Officers, civil, legislature may provide for the naming and settling 

of, 11 

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

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

the address of both houses of the legislature, ... 26 
Officers of former government, continued, ..... 33 
Officers of the militia, election and appointment of, . . . 21 

removal of, 22, 35 

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

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

and judges, 31,36 

incompatible, 31,32,36 

Organization of the militia, 22 



P. 

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

not before conviction, 21 

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

have a right to keep and to bear arms for the public defence, 8 

have a right to assemble to consult upon the common good, to 

instruct their representatives, and to petition legislature, 8 

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

Petition, right of, 8 

Plantations, unincorijorated, tax-paying inhabitants may vote for 

counc-illors and senators, 

Plurality of offices, 

of votes, election of civil officers by. 
Political year, begins on the first Wednesday of January, 

Polls, ratable, census of, 

Preamble to constitution, 

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

for, 

Probate courts, provisions for holding, .... 
registers, elected by the people of the several counties, 
judges may not hold certain other offices. 
Property qualification, may l)e increased by the legislature, 

partially abolished, 

of governor, annulled, 

Prosecutions for crimes and offences regulated. 

Provincial laws, not repugnant to the constitution, continued in 

force, 32 



made 



6 

26 
21,44 
36 
32 
41 
48 
7 



62 INDEX TO THE CONSTITUTION 



Public boards and certain officers to make quarterly reports to the 

governor, .......... 22 

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

Public notary (see Notary public). 

Public religious worshij), 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 ofiice may be increased by 

the legislature, ......... 32 

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

Qualification, property, partially abolished 41 

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



of governor, 

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 

K. 

Ratable polls, census of, 38 

Reading and writing, know^ledge 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 psobate, chosen by the people of the several counties, 21,44 

Religious denominations, equal jn'otection secured to all, . . 5, 38 
Religious sect or denomination, no subordination of one to another 

to be established by law, 6, 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 
sujiport of the ministry, and erection and repair of houses of 

worship, 4, 6, 38 



INDEX TO THE CONSTTrUTION. 63 

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

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

Retiu-us of votes, 13,19,42,43 

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



s. 

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

poll tax, 48 

Salary, a stated and honorable salarj^ to be established for the 

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

permanent and honorable salaries to be established for the 
justices of the supreme judicial court, and to he 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 legislatui'e is not in session, to be 
filled hj 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 appoint deputies, for whose conduct he shall be account- 
able, 26 

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

by deputies, as they shall require, 26 

to attest all commissions, ........ 32 

to certify to board authorized to divide county into districts, 
the number of representatives to which the county is 
entitled, 45 



64 INDEX TO THE CONSTITUTION. 

Page 

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

Self-government, right of, asserted, 5 

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

to consist of forty members, apportionment, etc., . . 12, 39, 46 
to be chosen annually, ........ 13 

governor and at least five councillors, to examine and count 

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

to be final judges of elections, returns and qualifications of 

their own members, ........ 14 

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

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

qualifications of a senator, 15,41 

not to adjourn more than two days at a time, .... 15 
to choose its officers and establish rules, ..... 15 

shall try all impeachments, 15, 17 

quorum of, 16,46,48 

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

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

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

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

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

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

apportionment based upon legal voters, 46 

Sheriffs, elected by the people of the several counties, . . .21,44 
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 armies, dangerous to liberty and not to be maintained 

without consent of the legislature, 8 

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

Supreme judicial court, judges to have honorable salaries fixed by 

standing laws, and to hold office during good behavior, . 9, 23 
to give opinions upon important questions of law, etc., when 
required by either branch of the legislature or 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 CONSTITUTIOX. 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 people an- 
nually in November, 25, 26, 43 

to hold office for one year from third Wednesday in January 

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

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

next preceding election or appointment, .... 43 

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

vacancy occurring during session of the legislature, filled by 

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

office to be deemed vacant if person elected or appointed fails 

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

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

governor, except, etc., 22 

Trial by jury, right to, secured, 7 

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



66 INDEX TO THE CONSTITUTION. 

u. 

Page 
University at Cambridge, 27,28,47 



Y. 

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

Vacancy in offices of governor and lieutenant-governor, powers 

to be exercised by the council, ...... 25 

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

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

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

Vacancy in office of secretary, treasurer, auditor and attorney- 
general, caused by decease of person elected, or I'ailure 
to elect, filled 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 jsaid 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 rei>resentatives 

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 ofiicers, 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, 32 



Y. 

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



ACTS AND EESOLYES 



MASSACHUSETTS. 



1902. 



1^ The General Court of the year nineteen hundred and two assembled on 
Wednesday, the first day of January. The oaths of office were taken and sub- 
scribed by His Excellency W. Murray Crane and His Honor John L. Bates on 
Thursday, the second day of January, in the presence of the two Houses assembled 
in convention. 



ACTS. 



An Act making appropriations for the compensation of the (JJiaj)^ \ 

MEMBERS 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 Mejoresentatives in 
General Court assembled, and by the authority of the same, 
as follows : 

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

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

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

For the compensation of representatives, one hundred ^v^J^comp'en- 
and eighty thousand seven hundred and fifty dollars. sation. 

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 
of representatives, three thousand dollars each. u^ecer e. 

For the salaries of the assistant clerks of the senate and ^erts*.**"* 
house of representatives, two thousand dollars each. 

For such additional clerical assistance to the clerks of asli"tance. 
the senate and house of representatives as may be neces- 
sary for the proper despatch of public business, a sum not 
exceeding three thousand dollars. 

For the salary of the sergeant-at-arms, thirty-five hun- sergeant- 
dred dollars. ' **-"™^- 

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

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



Acts, 1902. — Chap. 2. 



PoBtmaBter, 
meBsengerB,etc. 



Senate, 
Btationery. 

House, 
stationery. 



Printing and 
binding, senate 
and houBe. 



Manual. 



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



Senate and 
house contin- 
gent expenses. 



Expenses of 
committees. 



Witness 
fees, etc. 



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

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

For stationery for the house of representatives, pur- 
chased by the clerk, a sum not exceeding twelve 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 twenty-seven thousand 
dollars. 

For printing and binding the manual for the general 
court, under the direction of the clerks of the senate and 
house of representatives, a sum not exceeding four 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 necessar}^ expenses in and about the 
state house, a sum not exceeding six thousand dollars. 

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

For expenses of summoning witnesses before commit- 
tees, and for fees of such witnesses, a sum not exceeding 
two hundred dollars. 

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

Approved Jcmuary 9, 1902. 



CllClV. 2 -^^ ^^^ ^^ EXTEND THE TIME FOR FILING THE PINDING AND 
DECREE OF THE SPECIAL COMMISSION APPOINTED TO APPORTION 
THE EXPENSE OF CONSTRUCTING THE NEW BRIDGE ACROSS THE 
CONNECTICUT RIVER BETWEEN SPRINGFIELD AND WEST SPRING- 
FIELD. 

Be it enacted, etc., as folloios : 
Time extended. SECTION 1. The finding and decree of the special 
connnission a})pointed under the authority of chapter 
four hundred and fifty-eight of the acts of the year nine- 



Acts, 1902. — Chap. 3. 5 

teen hundred shall be filed not later than sixteen months 
from the date of the appointment of said commission, in- 
stead of not later than twelve months from said date as 
provided by section five of chapter four hundred and 
twenty-one of the acts of the year nineteen hundred and 
one. 

Section 2. So much of section two of said chapter Repeal. 
four hundred and fifty-eight, as amended by section five 
of said chapter four hundred and twenty-one, as is incon- 
sistent herewith is hereby repealed. 

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

Approved January 21, 1902. 

An Act making appropriations for salaries and expenses in ni^r,^ Q 

THE EXECUTIVE DEPARTMENT OF THE COMMONWEALTH. ^ 

Be it enacted, etc., as folloios : 

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

For the compensation of the lieutenant governor, two Lieutenant 
thousand dollars ; and for that of the executive council, fi^d'^Jouncii, 
sixty-four hundred dollars. compensatiou. 

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

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

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

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

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

For contingent expenses of the executive department, 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 dollars. p""*'°s> **'=• 

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

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



Acts, 1902. — Chap. 4. 



Extraordinary 
expenseH. 



Indexes, etc. 
to statutes. 



Reimbursement 
to towns. 

Arrest of 
fugitives 
from justice. 



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

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

For reimbursement to towns for the support of insane 
persons, a sum not exceeding fifteen thousand dollars. 

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

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

Ajyproved January 27, 1902. 



Chap. 4l 



Appropriations. 



Railroad 
commissioners. 

Clerk, 
Assistant clerk. 

Accountant. 



Steam railroad 
inspectors. 



Experts, etc. 



Rent, mes- 
senger, etc. 



Stationery, etc. 



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

Be it enacted, etc., as foUoivs : 

Section 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasur}^ of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirtj^-first day of 
December, nineteen hundred and two, to wit : — 

For the salaries of the railroad commissioners, thirteen 
tliousand dollars. 

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

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

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 dol- 
lars. 

For the compensation of experts or other agents of the 
railroad commissioners, a sum not exceeding five thousand 
two hundred dollars. 

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

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



Acts, 1902.— Chaps. 5, 6. 7 

For the expenses of takino: evidence o-iven at inquests Evidence 

*^ nl^i'i 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- heTS"^ 
ing twelve hundred dollars. 

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

Ax)proved January 27, 1902. 

An Act making appropriations for the payment of annuities (JJi^ip^ 5 
TO soldiers and others. 

Be it enacted, etc., as foUoivs : 

Section 1. The sums hereinafter mentioned are Appropriations. 
approf)riated, 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-hrst day of December, nineteen hundred and two, 
to wit : — 

For annuities incurred by the acceptance of the bequest f^^^°j°?g°* 
of the late Martha Johonnot, a sum not exceeding two 
hundred dollars. 

For annuities to soldiers and others, as authorized by Annuities to 
the general court, the sum of five thousand five hundred ^° 
and eight dollars. 

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

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

Approved January 27, 1902. 

An Act making an appropriation for the payment of pre- QJ^qj) Q 

MIUMS ON securities PURCHASED FOR THE MASSACHUSETTS ^' 

SCHOOL FUND. 

Be it enacted, etc., as folJoivs : 

Section 1. A sum not exceeding thirty-five thousand ^fj^j^^"^ 
dollars is hereby appropriated, to be paid out of the ou certain 

/> ,, ^i Til ,' ii T securities. 

treasury of the CommouAvealth irom the ordinary rev- 
enue, for the payment l)y the treasurer and receiver 
general of premiums on securities purchased for the Mas- 
sachusetts School Fund, as provided for by section three 
of chapter forty-one of the Revised Laws. 

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

Approved January 27., 1902. 



8 



Acts, 1902. — Chaps. 7, 8, 9, 10. 



Cliap. 7 An Act 



MasBachiisettB 
Institute of 
Technology. 



MAKING AN APPROPRIATION FOR THE MASSACHUSETTS IN- 
STITUTE OF TECHNOLOGY. 

Be it enacted, etc., as folloios : 

Section 1. The sum of twent3^-nine thousand dollars 
is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, to the 
Massachusetts Institute of Technology. 

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

Approved January 27, 1902. 



Chap. 



Worcester 

Polytechnic 

Institute. 



8 An Act making an appropriation for the Worcester poly- 
technic INSTITUTE. 

Be it enacted, etc., as folloios : 

Section 1. The sum of six thousand dollars is hereby 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, to the \Yorcester 
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 27, 1902. 



Chan, 9 An Act making an appropriation for the prisons and hospi- 
tals LOAN SINKING FUND. 



Prisons and 
Hospitals Loan 
Sinking Fund. 



Be it enacted, etc., as follows : 

Section 1. The sum of five thousand eight hundred 
thirty-one dollars and thirty cents is hereby appropriated, 
to be paid out of the treasury of the Commonwealth from 
the ordinary revenue, for the Prisons and Hospitals Loan 
Sinking Fund, as provided for by chapter four hundred 
and seventy-one of the acts of the year nineteen hundred 
and one, said sum being the estimate of the treasurer and 
receiver general. 

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

Approved January 27, 1902. 



Chap. 10 An Act making 



AN APPROPRIATION FOR THE STATE HIGHWAY 
LOAN SINKING FUND. 

Be it enacted, etc., as follows : 
state High- Section 1. The sum of one hundred and five thou- 

Sinking Fund, gand six hundred forty dollars and eighty-two cents is 



Acts, 1902. — Chaps. 11, 12, 13. 9 

hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, for the 
State Highway Loan Sinking Fund, as provided for by 
chapter two hundred and sixty-nine of the acts of the 
year nineteen hundred and one, said sum being the esti- 
mate of the treasurer and receiver general. 

Section 2. This act shall take efi'ect upon its passage. 

Approved January 27, 1902. 

An Act making an appropriation for the state house loans (JJidr) 11 

SINKING FUND. 

Be it enacted, etc., as follows : 

Section 1. The sum of ninety thousand three state House 
hundred seven dollars and thirty-six cents is hereby ap- iiig'^Fund^'' 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the State House 
Loans Sinking Fund, as provided for by chapter thirty- 
nine of the acts of the year eighteen hundred and ninety- 
live, said sum being the estimate of the treasurer and 
receiver general. 

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

Aptproved January 27, 1902. 



Chap. 12 



An Act making an appropriation for the removal of wrecks 

FROM tide waters. 

Be it enacted, etc., as follows : 

Section 1. The sum of three thousand dollars is Removal of 
hereby appropriated, to be paid out of the treasury of fr'ifmtide""* 
the Commonwealth from the ordinary revenue, for the waters. 
removal of wrecks and other obstructions from tide 
waters, as provided for by section twenty-two of chapter 
ninety-seven of the Revised Laws, during the year ending 
on the thirty-first day of December, nineteen hundred 
and two. 

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

Approved January 27, 1902. 



Cha]). 13 



An Act making an appropriation for operating the south 
metropolitan system of sewage disposal. 

Be it enacted, etc., as follows : 

Section 1. A sum not exceeding ninety-three thou- south metro- 
sand six hundred and sixty-six dollars is hereby appro- of sewage**'''" 



disposal. 



10 



Acts, 1902. — Chaps. U, 15. 



priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for the maintenance and 
operation of the south metropolitan system of sewage dis- 
posal, comprising a part of Boston, the cities of Newton, 
Quincy and Waltham, and the towns of Brookline, Water- 
town, Dedham, Hyde Park and Milton, during the year 
ending on the thirty-first day of December, nineteen 
hundred and two. 

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

Ai^proved January '27^ 1902. 



GhCLT)' 11 ^^ ^^'^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES 
OF THE COMMISSIONERS OF SAVINGS BANKS. 



Appropriations. 



CommiBBionerB 

of savings 

banks, 

chairman. 

Associate 

commissioners. 

First clerk. 



Second clerk. 



Additional 
clerks, etc. 



Expenses, 



Be it enacted, etc., as foUoivs : 

Section 1. The sums hereinafter mentioned are 
appropriated, 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 two, to wit : — 

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

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

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

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

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

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

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

Approved January 28, 1902. 



ChClT). 15 ^^ ^^^ MAKING AN APPROPRIATION FOR THE SUPPORT OF THE 

WORCESTER INSANE ASYLUM. 



Worcester in- 
sane asylum. 



Be it enacted, etc., as follows : 

Section 1. The sum of twenty-nine thousand nine 
hundred ninety-four dollars and twenty-five cents is 
hereby appropriated, to be paid out of the treasury of 



Acts, 1902. — Chaps. 16, 17. 11 

the Commonwealth from the ordinary revenue, for the 
support of the AVorcester insane asylum during the present 
year, said sum being based upon the average number of 
state patients at the rate of three dollars and twenty-five 
cents per week, as provided for by sections one hundred 
and twenty-seven and one hundred and twenty-eight of 
chapter eighty-seven of the Revised Laws, this amount 
to be in addition to the receipts from other sources ; 
and so much of said receipts as may be needed to pay 
the expenses of said institution may be used for that 
purpose. 

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

Approved January 28, 1902. 

An Act making an appropriation for the perkins institution (JJiq/q 1 Q 
and massachusetts school for the blind. "' 

Be it enacted, etc., as follows: 

Section 1. The sum of thirty thousand dollars is Perkins insti- 
hereby appropriated, to be paid out of the treasury of Massachusetts 
the Commonwealth from the ordinary revenue, to the themlndf 
Perkins 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 eft'ect upon its passage. 

Approved January 28, 1902. 

An Act making an appropriation for payment of the tuition njjfjr) 17 
OF children attending school outside of the town m 

WHICH they RESIDE. 

Be it enacted, etc., as follows : 

Section 1. A sum not exceeding fourteen thousand ™".°°°t. 

. . o certain children. 

dollars is hereby appropriated, to be paid out of the 
treasury of the Commonwealth from the ordinary revenue, 
for the tuition of children of any town in which 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. 

Approved January 2$, 1902. 



12 



Acts, 1902. — Chap. 18. 



GhciT)' 18 ^^ ^'^^ MAKING APPROrRIATIONS FOR SALARIES AND EXPENSES IN 
THE JUDICIAL DEPARTMENT OF THE COMMONWEALTH. 

Be it enacted,, etc., as follows : 
Appropriations. Section 1. TliG suiiis hereinafter mentioned are 
appropriated, to be paid out of tlie treasury of the Com- 
monwealtli from tlie ordinary revenue, for the purposes 
specified, for the year ending on tlie thirty-first day of 
December, niueteen hundred and two, to wit : — 



Supreme 
judicial court, 
chief justice. 

Associate 
justices. 



Clerical assist- 
ance to clerk. 



Clerical assist- 
ance to justices. 



Expenses. 



Reporter of 
decisions, etc. 



Officers and 
messenger. 



Clerk for 

Suffolk. 



SUPKEME JUDICIAL COURT. 

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

For travelling expenses of the six associate justices of 
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 judi- 
cial court, five hundred dollars. 

For clerical assistance to the justices of the supreme 
judicial court, a sum not exceeding twenty-five hundred 
dollars. 

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

For the salary of the reporter of decisions of the 
supreme judicial court, four thousand dollars ; and for 
clerk hire and incidental expenses of said reporter, a sum 
not exceeding two thousand dollars. 

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

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



SUPERIOR COURT. 



Superior court, 
chief justice. 

Associate 
justices. 



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

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



Acts, 1902. — Chap. 18. 13 



COURTS OF PROBATE AND INSOLVENCY. 

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

For the salary of the judge of probate and insolvency gg^'^gJiJ^i^' 
for the county of Berkshire, twenty-five hundred dollars. 

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

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

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

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

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

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

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

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

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

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

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

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

For the compensation of judges of probate and insol- ^^er counties 
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 Register, 
for the county of Barnstable, thirteen 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 Bristol. 
for the county of Bristol, twenty-five hundred dollars. 

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



14 



Acts, 1902. — CiiAr. 18. 



Ebbcx. 

Franklin. 

Hampden. 

Hampehire. 

Middlesex. 

Nantucket. 

Norfolk. 

Plymouth. 

Suffolk, 

Worcester. 



Assistant regis 
ter, Bristol. 



Hampden. 



HampBhire. 



Middlesex. 



Norfolk. 



Suffolk. 



Worcester. 



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 Franklin, fifteen hundred dollars. 

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

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

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

For the salary of the register of probate and insolvency 
for the count}^ of Plymouth, eighteen hundred 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 Worcester, three thousand dollars. 

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

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

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

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

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

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

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

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



Acts, 1902. — Chap. 18. 15 

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

For extra clerical assistance to the register of probate Essex. 
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 Hampden. 
and insolvency for the county of Hampden, a sum not ex- 
ceeding six 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. 

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

For extra clerical assistance to the register of probate Suffolk. 
and insolvency for the county of Suftblk, a sum not ex- 
ceeding fift3"-one hundred dollars. 

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

For the salary of the clerk of the register of probate cierk of regis- 
and insolvency for the county of Suffolk, twelve hundred *®'"' ^"^°''^- 
dollars. 

For extra clerical assistance to the courts of probate in the several 
and insolvency in the several counties of the Common- Hampshirr^^* 
wealth, excepting Hampshire and Suffolk counties, a sum ^^d Suffolk. 
not exceeding eighty-four hundred sixty-six dollars and 
sixty-seven cents. 

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

DISTRICT ATTORNEYS. 

For the salary of the district attorney for the Suffolk District at- 
district, five thousand dollars. *°"^y' ^"^"^^• 

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

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

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

For the salary of the district attorney for the northern District attor- 
district, twenty-four hundred dollars. dfstrict.'^*^^™ 



16 



Acts, 1902. — Chap. 19. 



ABBistant. 



Eastern district. 



Southeastern 
district. 



Assistant. 



Southern 
district. 



Assistant. 



Middle district. 



Western 
district. 



N'orthwestern 
district. 



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

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

For the salary of the assistant district attornc}^ for the 
southern district, twelve hundred dollars. 

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

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

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

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

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

Approved January 29, 1902. 



Chap. 19 -^N Act making appropriations for salaries and expenses 

IN THE department OF THE AUDITOR OF THE COMMONWEALTH. 



Appropriations . 



Auditor. 



First clerlt. 



Second clerk. 



Extra clerks. 



Stenogra- 
pher, etc. 



Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are 
appropriated, 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 two, to wit : — 

For the salary of the auditor, thirty-five hundred dol- 
lars. 

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

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

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

For a stenographer, and for such additional clerical 
assistance as the auditor may find necessary for the proper 



Acts, 1902. — Chap. 20. 17 

despatch of public business, a sum not exceeding three 
thousand dollars. 

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

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

For incidental and contingent expenses in the depart- Expenses. 
ment of the auditor, a sum not exceeding fifteen hundred 
dollars. 

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

Approved January 29, 1902. 

An Act making appkopriations for salaries and expenses r'Jir/j) 20 

IN THE DEPARTMENT OF THE SECRETARY OF THE COMMONWEALTH. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, 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 two, to wit : — 

For the salary of the secretary of the Commonwealth, secretary of 
thirty-five hundred dollars. weaith"^™*"^ 

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

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

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

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

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

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

For the arrangement and preservation of state rec- Arrangement of 

ij 1. j*j2j.i 111 records, etc. 

ords and papers, a sum not exceeding five thousand dol- 
lars . 

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



18 Acts, 1902. — Chaps. 21, 22. 



Ballot boxes. 



For furnishing cities and towns with ballot boxes, and 
for repairs to the same, a sum not exceeding tliree thou- 
sand dollars. 

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

Approved January 29, 1902. 

Chap. 21 An Act making an appropriation for the Massachusetts 

HOSPITAL FOR EPILEPTICS. 

Be it enacted, etc., as follows : 

ho^spua^for"^ SECTION 1. The sum of thirteen thousaud six hundred 
epileptics. ^,^(j eight3^-nine dollars is hereby appropriated, to be paid 
out of the treasury of the Commonwealth from the ordi- 
nary revenue, for the support of the Massachusetts hos- 
pital for epileptics during the present year, said sum 
being based upon the average number of state patients at 
the rate of three dollars and twenty-five cents per week, 
as provided for by sections one hundred and twenty-seven 
and one hundred and twenty-eight of chapter eighty-seven 
of the Revised Laws, this amount to be in addition to the 
receipts from other sources ; and so much of said receipts 
as may be needed to pay the expenses of said institution 
may be used for that purpose. 

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

Approved January 29, 1902. 

ChctlJ. 2i2i An Act making an appropriation for the support of the 

MASSACHUSETTS SCHOOL FOR THE FEEBLE-MINDED. 

Be it enacted, etc., as follows : 

SoTfor'the Section 1. The sum of fifty-eight thousand tliree 
Feeble-minded, hundred and fivc dollars is hereby appropriated, to be 
paid out of the treasury of the Commonwealth from the 
ordinary revenue, for the support of the Massachusetts 
School for the Feeble-minded during the present year, 
said sum being based upon the average number of state 
patients at the rate of three dollars and twenty-five cents 
per week, as provided for by sections one hundred and 
twenty-seven and one hundred and twenty-eight of chap- 
ter eighty-seven of the Revised Laws, this amount to be 
in addition to the receipts from other sources ; and so 
much of said receipts as may be needed to pay the ex- 
penses of said institution may be used for that purpose. 
Section 2. This act shall take effect upon its passage. 

Approved January 29, 1902. 



Acts, 1902. — Chaps. 23, 24, 25. 19 



An Act making an appropriation for the support of the (JJi^qj^ 23 

DANVERS INSANE HOSPITAL. 



Banc hospital. 



Be it enacted, etc., as folloivs : 

Section 1'. The sum of forty-three thousand two Danversin- 
hundred thirteen dollars and thirty-nine cents is hereby 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the support 
of the Danvers insane hospital during the present year, 
said sum being based upon the average number of state 
patients at the rate of three dollars and twenty-five cents 
per week, as provided for by sections one hundred and 
twenty-seven and one hundred and twenty-eight of chap- 
ter eighty-seven of the Revised Laws, this amount to be 
in addition to the receipts from other sources ; and so 
much of said receipts as may be needed to pay the ex- 
penses of said institution may be used for that purpose. 

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

Approved January 29, 1902. 



An Act making appropriations for the compensation and (Jfidr) 24 

EXPENSES of the BALLOT LAW COMMISSION. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, 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 two, to wit : — 

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



commission. 



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

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

Appiroved January 29, 1902. 

An Act making appropriations for salaries and expenses in ri'Uf.-Y^ OPT 

THE office of THE CONTROLLER OF COUNTY ACCOUNTS. "* 

Be it enacted, etc., as folloivs : 

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



20 



Acts, 1902. — Chaps. 26, 27. 



Controller 
of county 
accounts. 

First deputy. 



Second deputy. 



Third deputy. 



Expenaes. 



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

For the salary of the controller of count}^ accounts, 
twenty-five hundred dollars. 

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

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

For the salary of the third deputy controller of county 
accounts, twelve hundred dollars. 

For travelling and office expenses of the controller of 
county accounts and his deputies, a sum not exceeding 
twelve hundred dollars. 

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

Approved January 29, 1902. 



Chap. 26 ■^'^ -^CT MAKING AN APPROPRIATION FOR PROTECTING THE PURITY 

OF INLAND WATERS. 



Protecting 
purity of 
inland waters. 



Be it enacted, etc., as follows : 

Section 1. A sum not exceeding thirty-four thou- 
sand dollars is hereby appropriated, to be paid out of the 
treasury of the Commonwealth from the ordinary revenue, 
for services of engineers, chemists, biologists and other 
assistants, and for other expenses made necessary and 
authorized by chapter seventy -five of the Revised Laws, 
in protecting the purity of inland waters during the year 
nineteen hundred and two. 

Section 2. This act shall take eft'ect upon its passage. 

Approved January 29, 1902. 



QJlQ/r), 27 ^^ ^'^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 

THE STATE LIBRARY. 



Appropriations. 



State librarian. 



Purchase 
of books. 



He it enacted, etc., as folloivs : 

Section 1. The sums hereinafter mentioned are 
appropriated, 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 da}^ of 
December, nineteen hundred and two, to wit : — 

For the salary of the state librarian, tliree thousand 
dollars. 

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



Acts, 1902.— Chaps. 28, 29. 21 

For such clerical assistance in the state library as may ciencai 
be necessar}^ a sum not exceeding forty-three hundred *^"^''°*'®' 
dollars. 

For preparing an index to current events and such other index to 
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. 

For contingent expenses in the state library, to be ex- Expenges. 
pended under the direction of the trustees and librarian, 
a sum not exceeding eighteen hundred dollars. 

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

Approved January 29, 1902. 

An Act making appropriations for salaries and expenses in (JJkij) 28 
the office of the civil service commissioners. 

Be it enacted, etc., as folloios : 

Section 1. The sums hereinafter mentioned are Appropriations, 
appropriated, 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 two, to wit : — 

For the compensation and expenses of the members of ^dmm^tsion! 
the civil service commission, a sum not exceeding two 
thousand dollars. 

For the salary of the chief examiner of the civil service chief examiner. 
commission, three thousand dollars. 

For the salary of the secretary of the civil service com- secretary, 
mission, two thousand dollars. 

For the salary of the registrar of labor of the civil ser- Registrar 
vice commission, two thousand dollars. 

For clerical assistance, and for oflSce, printing, travel- Expeneee. 
ling and incidental expenses of the commissioners, chief 
examiner and secretary, advertising and stationery, a sum 
not exceeding fifteen thousand five hundred dollars. 

Section 2. This act shall take efl'ect upon its passage. 

Approved January 31, 1902. 

An Act making an appropriation for the Massachusetts (JJiftr) 29 

SCHOOL FUND. "' 

Be it enacted, etc., as follows : 

Section 1 . The sum of one hundred thousand dollars Maseachut^etts 
is hereby appropriated^ to be paid out of the treasury of 



22 



Acts, 1902. — Chaps. 30, 31. 



the Commonwealth from the ordinary revenue, for the 
Massachusetts School Fund, as provided for by section 
two of chapter forty-one of the Kcvised Laws. 

Section 2. This act shall take eft'ect upon its passage. 

AjJjiroved January 31, 1902. 



Appropriations, 



Tax com- 
missioner. 



Chap, 30 ^^ ^^^ MAKING APPROPKIATIONS FOK SALARIES AND EXPENSES IN 
THE DEPARTMENT OF THE TAX COMMISSIONER. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are 
appropriated, 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 two, 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 seventeen thousand dollars. 

For travelling expenses of the tax commissioner and 
his deputy, a sum not exceeding five hundred dollars. 

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

A^ij^roved January 31, 1902. 



Deputy. 



First clerk. 



Second clerk. 



Clerical 
assistance. 



Travelling 
expenses. 

Expenses. 



Statu valuation. 



GhciTy 31 "^^ "^^^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES 
OF THE GAS AND ELECTRIC LIGHT COMMISSIONERS. 

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



Acts, 1902. — Chaps. 32, 33. 23 

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

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

1 J.1 J J 1 1 electric light 

sioners, eleven thousand dollars. commiesionerB. 

For clerical assistance to the gas and electric lig^ht clerical 
commissioners, a sum not exceeding forty-one hundred 
dollars. 

For statistics, books, stationery, and for the necessary ExpenBes. 
expenses of the gas and electric light commissioners, a 
sum not exceeding twenty-five hundred dollars. 

For the inspection of electric meters, a sum not exceed- e?e*cm^3'm1ter8 
ing fifteen hundred dollars. 

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

App7'oved January 31, 1902. 



Chap. 32 



Aif Act making an appropriation for the support of the 

TAUNTON INSANE HOSPITAL. 

Be it enacted, etc., as folloivs : 

Section 1 . The sum of forty-two thousand four hun- Taunton in- 
dred and nineteen dollars is hereby appropriated, to be ^*°<' ^°^p'*^i- 
paid out of the treasury of the Commonwealth from the 
ordinary revenue, for the support of the Taunton insane 
hospital during the present year, said sum being based 
upon the average number of state patients at the rate of 
three dollars and twenty-five cents per week, as provided 
for by sections one hundred and twenty-seven and one 
hundred and twenty-eight of chapter eighty-seven of the 
Revised Laws, this amount to be in addition to the re- 
ceipts from other sources ; and so much of said receipts as 
may be needed to pay the expenses of said institution 
may be used for that purpose. 

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

Aiyproved January 31, 1902. 



An Act making an appropriation for the support of the 
westborough insane hospital. 



Chap. 33 



Be it enacted, etc., as follows : 

Section 1. The sum of thirty-six thousand one hun- westborough 
dred fifty-four dollars and seventeen cents is hereby i°«*°e hospital. 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the support of 
the Westborough insane hospital during the present year. 



24 Acts, 1902. — Chaps. 34, 35. 

said sum being based upon the average number of state 
patients at the rate of three dollars and twenty-five cents 
per Aveek, as provided for by sections one hundred and 
twenty-seven and one hundred and twenty-eight of chap- 
ter eighty-seven of the Revised Laws, this amount to be 
in addition to the receipts from other sources ; and so 
much of said receipts as ma}^ be needed to pay the ex- 
penses of said institution may be used for that purpose. 
Section 2. This act shall take efi'ect upon its passage. 

Approved January 31, 1902. 

ChClV* 34 -^^ ^^'^ MAKING AN APPROPRIATION FOR THE SUPPORT OF THE 

NORTHAMPTON INSANE HOSPITAL. 

Be it enacted, etc., as foUoivs : 

Se^^eToStai. SECTION 1. The suui of Seventeen thousand six hun- 
dred and twenty-three dollars is hereby appropriated, to 
be paid out of the treasury of the Commonwealth from 
the ordinary revenue, for the support of the Northampton 
insane hospital during the present year, said sum being 
based upon the average number of state patients at the 
rate of three dollars and twenty-five cents per weels, as 
provided for by sections one hundred and twenty-seven 
and one hundred and twenty-eight of chapter eighty-seven 
of the Revised Laws, this amount to be in addition to the 
receipts from other sources ; and so much of said receipts 
as may be needed to pay the expenses of said institution 
may be used for that purpose. 

Section 2. This act shall take efi'ect upon its passage. 

Approved January 31, 1902. 

CJiaV. 35 ^^ -^^^ MAKING AN APPROPRIATION FOR THE SUPPORT OF THE 

WORCESTER INSANE HOSPITAL. 

Be it enacted, etc., as follows : 

i^Bane hoBpitai. Section 1 . The sum of fifty-sevcn thousand four hun- 
dred and sixty dollars is hereby appropriated, to be paid 
out of the treasury of the Commonwealth from the ordi- 
nary revenue, for the support of the Worcester insane 
hospital during the present year, said sum being based 
upon the average number of state patients at the rate of 
three dollars and twenty-five cents per week, as provided 
for by sections one hundred and twenty-seven and one 
hundred and twenty-eight of chapter eighty-seven of the 



Acts, 1902. — Chaps. 36, 37. 25 

Revised Laws, this amount to be in addition to the re- 
ceipts from other sources ; and so much of said receipts 
as may be needed to pay the expenses of said institution 
may be used for that purpose. 

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

Approved January 31, 1902. 

An Act making appropriations for the support of the med- Qj^i^^ 3(5 

FIELD INSANE ASYLUM. 

Be it enacted, etc., as folloivs : 

Section 1. The sums hereinafter mentioned are Medfiew insane 
appropriated, to be paid out of the treasury of the Com- *^y^^™- 
monwealth from the ordinary revenue, for the support of 
the Medfield insane asylum during the year ending on 
the thirty-first day of December, nineteen hundred and 
two, to wit : — 

For the support of state patients, the sum of forty- support of 
two thousand five hundred fifteen dollars and twenty * parens, 
cents, said sum being based upon the average number of 
such patients at the rate of two dollars and eighty cents 
per week, as provided for by sections one hundred and 
twenty-seven and one hundred and twenty-eight of chap- 
ter eighty-seven of the Revised Laws, the same to be in 
addition to the receipts from other sources ; and so much 
of said receipts as may be needed to pay the expenses of 
said institution may be used for that purpose. 

For current expenses, in addition to the appropriation Expenses. 
for state patients and the receipts as aforesaid, a sum not 
exceeding twenty thousand dollars. 

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

Approved January 31, 1902. 



Chap. 37 



An Act making appropriations for salaries and expenses in 
the office of the insurance commissioner. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, 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 two, to wit : — 

For the salary of the insurance commissioner, thirty- insurance 
fire hundred dollars. commissioner.. 



26 

Deputy. 
Actuary. 
Examiner. 
Chief clerk. 
Second clerk. 
Third clerk. 



Additional 
clerks, etc. 



Expenses. 



Acts, 1902. — Chaps. 38, 39. 

For the salary of the deputy insurance commissioner, 
twcntj-five hundred dollars. 

For the salary of the actuary in the insurance depart- 
ment, two thousand dollars. 

For the salary of the examiner in the insurance depart- 
ment, two thousand dollars. 

For the salary of the chief clerk in the insurance de- 
partment, two thousand dollars. 

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

For the salary of the third clerk in the insurance de- 
partment, twelve hundred dollars. 

For such additional clerks and assistants as the insur- 
ance commissioner may find necessary for the despatch of 
public business, a sum not exceeding twenty-six thousand 
and twenty-five dollars. 

For incidental and contingent expenses of the insurance 
commissioner, a sum not exceeding thirty-five hundred 
dollars. 

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

Approved January 31, 1902. 



dJldJ), 38 -^N -^CT MAKING APPROPRIATIONS FOR SALARIES AND 

THE STATE PRISON. 



EXPENSES AT 



Appropriations. 



State prison. 



Expenses. 



Be it enacted^ etc., as follows : 

Section 1. The sums hereinafter mentioned are 
appropriated, 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 two, to wit : — 

For the payment of salaries at the state prison, a sum 
not exceeding eighty-one thousand dollars. 

For other current expenses at the state prison, a sum 
not exceeding eighty-one thousand two hundred dollars. 

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

Approved January 31, 1902. 



ChCLT). 39 -^N ^^"^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE OFFICE OF THE PRISON COMMISSIONERS, AND FOR SUNDRY 
REFORMATORY EXPENSES. 

Be it enacted, etc., as follows : 
Appropriations. Section 1. The sums hereinafter mentioned are 
appropriated, to be paid out of the treasury of the Com- 



Acts, 1902. — Chap. 40. 27 

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

For the salary of the chairman of the prison commis- Prison 

n ;i J 1 11 commissioners, 

sioners, tour thousand dollars. chairman. 

For the salary of the secretary of the prison commis- secretary. 
sioners, twenty-five hundred dollars. 

For clerical assistance in the office of the prison com- clerical 
missioners, a sum not exceeding four thousand seven *^"^**°'=®- 
hundred dollars. 

For the salaries of the agents of the prison commission- Agents. 
ers, fifty-two hundred dollars. 

For travelling expenses of the prison commissioners, Travelling 
and of the secretary and agents of said commissioners, a ^''p®^*®*- 
sum not exceeding three thousand one hundred dollars. 

For incidental and contingent expenses of the prison Expenses. 
commissioners, a sum not exceeding fifteen hundred dol- 
lars. 

For the salary of the agent for aiding discharged female Agent for aiding 
prisoners, one thousand dollars. f^makT^^^ 

For the expenses of the agent for aiding discharged p^so'iers. 
female prisoners, including assistance rendered to said 
prisoners, a sum not exceeding three thousand dollars. 

For aiding prisoners discharged from the Massachusetts Aiding 
reformatory, a sum not exceeding five thousand dollars. chargecTfrom 

For aiding prisoners discharged from the state prison, ^^05™^*°''^- 
a sum not exceeding three thousand dollars. prisoners dis. 

-r-i . ^ 1 . . . . -, charged from 

lor expenses incurred in removing prisoners to and state prison. 
from state and county prisons, a sum not exceeding one ^^-^n'^fg"^ 
thousand dollars. 

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

Approved January 31, 1902. 



Chaj). 40 



An Act making an appropriation for the publication of a 
record of massachusetts soldiers and sailors who served 
in the war of the rebellion. 

Be it enacted, etc., as folloios : 

Section 1 . The sum of ten thousand dollars is hereby Publication of 
appropriated, to be paid out of the treasury of the Com- soidi'ersind 
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 



28 



Acts, 1902. — Chaps. 41, 42. 



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 January 31, 1902. 



CTlGV. 41 -^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES 



IN 



THE OFFICE OF THE COURT OF LAND REGISTRATION. 



Appropriations, 



Judge of land 
registration. 

Associate 
judge. 

Recorder. 



Clerical 
assistance. 

Expenses. 



Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are 
appropriated, 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 two, to wit : — 

For the salary of the judge of land registration, four 
thousand five hundred dollars. 

For the salary of the associate judge of land registra- 
tion, four thousand dollars. 

For the salary of the recorder of the court of land regis- 
tration, four thousand five hundred dollars. 

For clerical assistance in "the ofiice of the court of land 
registration, a sum not exceeding four thousand dollars. 

For sheriffs' bills, advertising, surveying, examination 
of titles, and sundry incidental expenses, a sum not ex- 
ceeding ten thousand dollars. 

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

Approved January 31, 1902. 



Chap 



AppropriationB, 



Engineer's 
department. 



A<2i An -^CT MAIUNG APPROPRIATIONS FOR THE SALARIES OF EMPLOYEES, 
AND FOR OTHER NECESSARY EXPENSES IN THE DEPARTMENT OP 
THE SERGEANT-AT-ARMS. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are 
appropriated, 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 two, to wit : — 

For the salaries of the chief engineer and other em- 
ployees in the engineer's department, a sum not exceed- 



Watchmen. 



ing ten thousand two hundred dollars. 

For the salaries of the watchmen and assistant watchmen 



at the state house, a sum not 
one hundred dollars. 



exceeding eleven thousand 



Acts, 1902. — Chap. 43 29 

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

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

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

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

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

For the care of the state house and grounds, including Care of state 

/>., T 'ii i»i 1 house, etc. 

repairs, furniture and repairs thereof, and such expenses 
as may be necessary at the various buildings now occupied 
by state departments, a sum not exceeding twenty-two 
thousand dollars. 

For new furniture and fixtures, a sum not exceeding New furniture, 

etc 

tliree thousand dollars. 

For the salaries of the messengers to the sergeant-at- Messengers. 
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 eight hundred dollars. 

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

Api^oved Jamiary 31, 1902. 

An Act making appropriations for the salaries and expenses (J^ciT). 43 

OF THE STATE BOARD OF CONCIUATION AND ARBITRATION. 

Be it enacted, etc., as folio ivs : 

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



30 



Acts, 1902. — Chap. U. 



Board of arbi- 
tration, etc. 



Clerk. 



Expeui^es, 



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

For the salaries of the members of the state board of 
conciliation and arbitration, six thousand dollars. 

For the salary of the clerk of the state board of con- 
ciliation and arbitration, twelve hundred dollars. 

For travelling, incidental and contingent expenses of 
the state board of conciliation and arbitration, a sum not 
exceeding three thousand five hundred dollars, which shall 
include the compensation of expert assistants. 

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

Approved January 31, 1902. 



Chap. 44 ^ ^CT MAKING APPROPKIATIONS FOR SALARIES AND EXPENSES IN 
THE DEPARTMENT OF THE TREASURER AND RECEIVER GENERAL. 



Appropriations, 



Treasurer. 
First clerk. 
Second clerk. 
Third clerk. 
Receiving teller, 
Paying teller. 



Assistant 
paying teller. 



Cashier. 



Assistant 
bookkeeper. 



Fund clerk. 



Warrant clerk. 



Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are 
appropriated, 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 two, 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-six hundred dollars. 

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

For the salary of the third clerk in the treasurer's de- 
partment, sixteen hundred dollars. 

For the salary of the receiving teller in the treasurer's 
department, eighteen hundred dollars. 

For the salary of the paying teller in the treasurer's 
department, eighteen hundred dollars. 

For the salary of the assistant paying teller in the 
treasurer's department, one thousand dollars. 

For the salary of the cashier in the treasurer's depart- 
ment, twenty-two hundred dollars. 

For the salary of the assistant bookkeeper in the treas- 
urer's department, twelve hundred dollars. 

For the salary of the fund clerk in the treasurer's 
department, fifteen hundred dollars. 

For the salary of the warrant clerk in the treasurer's 
department, twelve hundred dollars. 



Acts, 1902. — Chap. 45. 31 

For the salary of the files clerk in the treasurer's de- Files cierk. 
partment, nine hundred dollars. 

For the salary of the legacy tax clerk in the treasurer's Legacy tax 
department, nineteen hundred dollars. '^^'^'^^' 

For the salary of the stenographer in the treasurer's stenographer. 
department, nine hundred dollars. 

For the salary of the messenger in the treasurer's de- Messenger. 
partment, nine hundred dollars. 

For such additional clerical assistance in the treasurer's clerical 
department as may be necessary for the despatch of pub- "^"^*^'=^- 
lie business, a sum not exceeding thirty-five hundred 
dollars. 

For incidental and contingent expenses in the treas- Expenses. 
urer's department, a sum not exceeding five thousand 
dollars. 

For such expenses as the treasurer and receiver gen- Tax on coiiat- 

•1 £J • • j.^1 ••/» e''al legacies, 

eral may find necessary in carrying out the provisions of etc. 
the act imposing a tax on collateral legacies and succes- 
sions, a sum not exceeding one thousand dollars. 

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

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

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

Approved January 31, 1902. 

An Act making appropriations for the salaries and expenses HJirifn AK 
OF the harbor and land commissioners. "' 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, 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 two, to wit : — 

For the salaries of the harbor and land commissioners. Harbor and land 
eighty-seven hundred dollars. commissioners. 

For compensation and expenses of the engineer, and ailfJtTnce etc. 



32 Acts, 1902. — Chaps. 46, 47. 

for clerical and other assistance authorized by the harbor 
and land commissioners, a sum not exceeding twenty- 
seven thousand dollars. 

Jxplne^fetc. ^or travelling and other necessary expenses of the 
harbor and land commissioners, a sum not exceeding seven 
hundred and fifty dollars. 

Office expenses. ^qy incidental and contingent office expenses of the 
harbor and land commissioners, a sum not exceeding 
twelve hundred dollars. 

Jtules!'"""'^'"^^ For printing town boundary atlases, a sum not exceed- 
ing tliree thousand dollars. 

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

Approved January 31, 1902. 

ChCtV' 46 -^^ ■^^'^ MAKING APPROPRIATIONS FOR THE EXPERIMENT STATION 
AT THE MASSACHUSETTS AGRICULTURAL COLLEGE. 

Be it enacted, etc., as follows : 
Appropriations. Section 1. The suiiis hereinafter mentioned are 
appropriated, 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 two, to wit : — 
^sricuuurai Yov maintaining an agricultural experiment station at 

station. the Massachusetts Agricultural Colleo^e, the sum of ten 

thousand dollars. 
Mmpie^ff ctnl' ^or collcctiug and analyzing samples of concentrated 
centrated com- commercial feed stuffs, the sum of twelve hundred dollars. 

mercial feed ' 

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

Ajjproved January 31, 1902. 

ChCiV. 47 -^^ ^^'^ MAKING APPROPRIATIONS FOR PAYMENT OF STATE AND 
MILITARY AID AND EXPENSES IN CONNECTION THEREWITH. 

Be it enacted, etc., as folloios : 

Appropriations. Section 1. The sums hereinafter mentioned are 
appropriated, 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 thirtj^-first day of 
December, nineteen hundred and two, to wit : — 

muitar'"^aid "^^^ 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 
hundred and seventy thousand dollars, the same to be 
paid on or before the tenth day of December in the year 
nineteen hundred and two. 



Acts, 1902. — Chap. 48. 33 

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

For clerical assistance, salaries and expenses of agents, clerical 
and for other expenses of the commissioners of state aid, ' 

a sum not exceeding nine thousand three hundred dollars. 

For postage, printing and other necessary expenses in Expenses. 
carrying out the provisions of the state and military aid 
laws, a sum not exceeding eight hundred dollars. 

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

A2'>proved January 31, 1902. 

An Act makesg appropriations for printing and binding pub- QJidj) 43 

Lie DOCUMENTS, FOR PURCHASING PAPER, AND FOR PUBLISHING. 
LAWS AND MATTERS RELATING TO ELECTIONS. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, 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 two, to wit : — 

For printing and binding the series of public docu- Pnbuc 
ments, a sum not exceeding sixtj^-three thousand dollars. <^°"=^™®°**- 

For printing the pamphlet edition of the acts and re- pampuet 
solves of the present year, a sum not exceeding four Ind^re^'otves. 
thousand dollars. 

For printing and binding the blue book edition of the Blue book. 
acts and resolves of the present year, a sum not exceeding 
seven thousand dollars. 

For the newspaper publication of the general laws and ^f'^J'^^^fe^" 
information intended for the public, a sum not exceeding 
five hundred dollars. 

For reports of decisions of the supreme judicial court. Decisions of 
a sum not exceeding two thousand dollars. judicial court. 

For the purchase of paper used in the execution of the purchase 
contract for the state printing, a sum not exceeding thirty- °* p^p^"^* 
two thousand dollars. 

For assessors' books and blanks, a sum not exceeding Assessors' 
fifteen hundred dollars. 

For registration books and blanks, indexing returns Registration 
and editing registration report, a sum not exceeding three ^°°^^> ^''°- 
thousand dollars. 

For printing and distributing ballots, a sum not ex- Printing, etc., 
ceeding nine thousand dollars. 



34 



Acts, 1902. — Chaps. 49, 50. 



Blank forms, 
etc. 



Blanks. 



Counting 
apparatus. 



For blank forms for town officers, election laws and 
instructions on all matters relating to elections, and 
expenses of advertising the state ticket, a sum not exceed- 
ing tkree thousand dollars. 

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

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

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

Approved January 31, 1902. 



Cha]) 



, 49 -A.N Act making appropriations for the expenses of the com- 
missioners OF the MASSACHUSETTS NAUTICAL TRAINING SCHOOL. 



Appropriations. 



Nautical 
training school. 



Expenses of 
commissioners. 



Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are 
appropriated, 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 two, to wit : — 

For current expenses of the Massachusetts nautical 
training school, a sum not exceeding fifty thousand dol- 
lars. 

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

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

Approved January 31, 1902. 



Chap. 50 -^ -'^CT MAKING AN APPROPRIATION FOR THE COMPENSATION OF 

INSPECTORS OF ANIMALS. 



Inspectors of 
animals. 



Be it enacted, etc., as follows : 

Section 1. A sum not exceeding seven thousand 
dollars is hereby appropriated, to be paid out of the 
treasury of the Commonwealth from the ordinary revenue, 
for the compensation of inspectors of animals, during the 
year ending on the thirty-first day of December, nineteen 
hundred and two. 

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

Ajyproved January 31, 1902. 



Acts, 1902. — Chaps. 51, 52. 35 



An Act making an appropriation for operating the north QJidr), 51 

METROPOLITAN SYSTEM OF SEWERAGE. 

J5e it enacted, etc., as foUotcs : 

Section 1. A sum not exceeding one hundred and ^o°iiten'syrtem 
three thousand four hundred dollars is hereby appropri- of sewerage. 
ated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the maintenance and opera- 
tion of the system of sewage disposal for the cities of 
Boston, Cambridge, Somerville, Maiden, Chelsea, Woburn, 
Medford, Melrose and Everett, and the towns of Stoneham, 
Winchester, Arlington and Belmont, known as the Xorth 
Metropolitan System, during the year ending on the 
thirty-first day of December, nineteen hundred and two. 

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

Apjiroved January 31, 1902. 

An Act making appropriations for salaries and expenses in HI^qj^ fJQ 

THE* office of THE STATE BOARD OF INSANITY. "' 

Be it enacted, etc., as folloivs : 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, 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 two, to wit : — 

For travelling and office expenses of the state board of offnsaniT^ 
insanity, a sum not exceeding five thousand dollars. 

For the salaries of officers and employees of the state officers and 
board of insanity, a sum not exceeding sixteen thousand ®™p^°^'^^^- 
two hundred dollars. 

For transportation and medical examination of state Transportation, 
paupers, under the charge of the state board of insanity, paupew.*"^^ 
eight thousand five hundred dollars. 

For the support of insane paupers boarded out in fami- support of 

-,. - .'■'■, /•!! If. . certain insane 

lies, under tlie charge oi the state board of insanity, ten paupers, 
thousand dollars. 

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

Approved January 31, 1902. 



36 



Acts, 1902. — Chaps. 53, 54. 



ChClV' 53 "^^ ^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 

THE BUREAU OF STATISTICS OF LABOR. 

Be it enacted, etc., as follows : 
AppropriatioDB, Section 1. The sums hereinafter mentioned are 
appropriated, 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 two, 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 sta- 
tistics of labor, sixteen hundred and fifty dollars. 

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

For such additional clerical assistance and for such ex- 
penses of the bureau of statistics of labor as may be neces- 
sary, a sum not exceeding 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. 

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

Ajyjyroved January 31, 1902. 



Chief of bureau 
of statistics 
of labor. 

First clerk. 



Second clerk. 
Special agents. 



Clerical 
assistance, etc. 



Statistics of 
manufactures. 



Expenses of 
special census. 



CllClT)' 54 -^^ ^^'^ MAKING APPROPRIATIONS FOR THE SALARY AND EXl'ENSES 
OF THE COMMISSIONER OF PUBLIC RECORDS. 



Appropriations. 



Commissioner 
of public 
records. 



Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are 
appropriated, 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 two, to wit : — 

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



Acts, 1902. — Chaps. 55, 56, 57. 37 

For travelling, clerical and other necessary expenses ExpenBes. 
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 Purchase of ink. 
exceeding four hundred dollars. 

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

Approved January 31, 1902. 



Chap. 55 



An Act to provide for the payment of sums of money due 
to persons who served in the spanish war. 

Be it enacted, etc., as follows : 

Section 1. The treasurer and receiver general is Payments to 
hereby authorized to pay out of the treasury of the Com- slrved i/the 
monwealth all checks issued to persons in the military or ^p^°'^^ '^'*''- 
naval service of the United States during the Spanish 
war, under authority of chapter five hundred and sixty- 
one of the acts of the year eighteen hundred and ninety- 
eight and amendments thereof, which were not presented 
for payment within the time prescribed by chapter one 
hundred and seventeen of the acts of the year nineteen 
hundred, and which remain unpaid. 

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

Approved January 31, 1902. 

An Act to change the name of the democratic social party. OJ^Qrf, ^g 

Be it enacted, etc., as folloivs : 

Section 1. The party heretofore designated as the Party name 
democratic social party shall hereafter, upon ballots and '^^^"sed. 
otherwise, be designated as the socialist party. 

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

Approved February 3, 1902. 



Chap. 57 



An Act to authorize certain city and town officers to enter 
upon private lands for exterminating the brown tail moth 

AND other similar PESTS. 

Be it enacted, etc., as follows : 

Section 1. Whenever the brown tail moth, the elm- Extermination 
leaf beetle, or any other tree or shrub destroying pest tiii mott°lim- 
shall be discovered in any city or town of the Common- leaf beetle, etc. 
wealth, such city or town, by the municipal officer or 
officers to whom the care of the shade trees in the streets 



38 



Acts, 1902. — Chap. 58. 



Damages. 



Penalty. 



or roads of such city or town is or may be intrusted, may 
enter upon private land for the purpose of investigating 
said pest, and may adopt reasonable measures to prevent 
its spread and to secure its extermination. 

Section 2. The owner of any land so entered upon, 
who shall suffer damage by such entry and acts done 
thereon under the authority herein given, may recover 
the same of the city or town in which the lands so asserted 
to have been damaged are situated, by action of contract ; 
but any benefits received by such entry and the acts done 
on such lands in the execution of the purposes of this act 
shall be determined by the court or jury before whom 
such action is heard, and the amount thereof shall be 
applied in reduction of said damages. 

Section 3. Whoever shall oppose the entry afore- 
said, or obstruct the performance by the said local au- 
thorities of said work, shall be punished by a fine not 
exceeding twenty dollars for each offence, 

Ajiproved February 5, 1902. 



(JJldT), 58 -A-N Act kelative to the field memokial library in the town 

OF CONWAY. 



1900, 293, § 3, 
amended. 



Field memorial 

library, 

membership. 



Be it enacted, etc., as folloivs : 

Section 1 . Section three of chapter two hundred and 
ninety-three of the acts of the 3^ear nineteen hundred is 
hereby amended by striking out the word "all", in the 
second line, and inserting in place thereof the words : — 
at least four, — so as to read as follows : — Section 3. 
The corporation shall consist of five members, at least four 
of whom shall be citizens of the town of Conway. When- 
ever a vacancy occurs in the number of corporators by 
death, resignation or removal from the town, the remain- 
ing members shall elect some person as a candidate to fill 
such vacancy. If such election is approved by the judge 
of the probate court for the county of Franklin such per- 
son shall thereupon become a member of said corporation. 
In case the remaining members shall fail to elect a person 
to fill the ofiice within six months from the time when it 
becomes vacant, it shall be competent for the judge of 
probate aforesaid, upon the application of any member 
of said corporation or of any inhabitant of the toAvn of 
Conway, to fill such vacancy ; and the majority of the 
corporators may at any time, with the approval of the 



Acts, 1902. — Chap. 59. 39 

judge of probate aforesaid, remove any one of the corpora- 
tors, and the vacancy thus occasioned shall be filled as in 
other cases. 

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

Approved February 6, 1902. 



Chap. 59 



An Act to consolidate the board of water commissioners 
and the board of sewer commissioners of the town of 
concord, and further to define the duties and powers of 
the trustees of town donations of said town. 

Be it enacted, etc., as follows : 

Section 1. The town of Concord shall, within two Board of water 
years after this act takes eftect, elect by ballot a board 



and Bewer com- 
miBBioners, 



of water and sewer commissioners, to consist of three tems^etc. 
persons, who shall hold office from their election for terms 
ending one year, two years and three years, respectively, 
from the date of the meeting at which they are elected, 
if the same is an annual meeting, or, if the same is a 
special meeting, for terms ending one year, two years 
and three years, respectively, from the date of the annual 
meeting next following their election, and in either case 
until their successors are elected ; and at each annual 
meeting thereafter the town shall elect one member of 
said board to serve for three years or until his successor 
is elected. If a vacancy shall occur in said board the vacancy, 
town may at any meeting called for the purpose elect a 
person to fill the vacancy. 

Section 2. Upon and by the election of a board of Boards of water 

, . "^ , . /» 1 . *^" Bewer com- 

water and sewer commissioners, under section one of this miBsionerB to 
act, the board of water commissioners established under 
chapter one hundred and eighty-eight of the acts of the 
year eighteen hundred and seventy-two, and the board 
of sewer commissioners established under chapter one 
hundred and fifty-one of the acts of the year eighteen 
hundred and ninety-five, shall be abolished, and all the 
powers, rights, duties and liabilities of said board of water 
commissioners and of said board of sewer commissioners 
shall thereby be transferred to said board of water and 
sewer commissioners. No contracts, rights, liabilities or certain con- 
suits existing at the time of such election and transfer affected, et'c?° 
shall be affected in any way, but the said board of water 
and sewer commissioners shall, in all respects and for all 
purposes whatsoever, be the lawful successor of said board 



4:0 Acts, 1902. — Chaps. 60, 61. 

of water commissioners and of said board of sewer com- 
missioners, respectively. 
^wn^donations Section 3. Tlic trustccs of town donations of the 
c° to^n^el'^'k*'**^'* ^^^^^ o^ Concord, established under chapter one hundred 
ing funds. and cightj-one of the acts of the year eighteen hundred 
and ninety-t^s^o, shall take, hold, manage and dispose of 
the sinking fund for the payment of the Concord munic- 
ipal light loan, and all sinking funds from time to time 
entrusted to them by said town, as well as the sinking 
funds for the payment of the Concord water and sewer 
loans, with the powers conferred upon said board by sec- 
tion four of said chapter one hundred and eif?hty-one. 
take^effect. SECTION 4. This act shall take efi'ect upon its accept- 

ance by said town at a legal meeting called for that 
purpose. AjJj^roved February 6, 1902. 

Chap. 60 -^N^ -A-CT TO AUTHORIZE THE CITY OF NORTHAMPTON TO MAKE AN 

ADDITIONAL WATER LOAN. 

Be it enacted^ etc. , as foUoios : 

ampton\vate'r SECTION 1 . The city of Northampton, for the purposes 
1902?''^''*°* mentioned in chapter two hundred and sixty-one of the 
acts, of the year nineteen hundred and one, may issue 
bonds, notes or scrip, to be denominated on the face 
thereof. City of Northampton Water Loan, Act of 1902, 
to an amount not exceeding fifty thousand dollars in 
addition to the amounts heretofore authorized by law 
to be issued by the city for the same purposes. Such 
bonds, notes or scrip shall be issued upon the same 
terms and conditions, and Avith the same powers of the 
city, as are provided in said act for the issue of the city 
of Northampton water loan by said city. 

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

Approved February 6, 1902. 

(JJlCtT). 61 ■^'^ ^^"^ MAKING APPROPRIATIONS FOR SUNDRY CHAMTABLE EX- 
PENSES. 

Be it enacted^ etc., as foUoivs : 
Appropriations. c^ECTiON 1. The suius hereinafter mentioned are 
appropriated, 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 two, to wit : — 



Acts, 1902. — Chap. 61. 41 



STATE BOARD OF CHARITY. 

For expenses of the state board of charity, including skateboard of 
travelling and other necessary expenses of members, and 
salaries 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 Aduitpoor. 
poor, a sum not exceeding thirty-eight thousand dol- 
lars. 

For salaries and expenses in the division of state minor Minor wards. 
wards, a sum not exceeding forty-one thousand dollars. 

For travelling and other necessary expenses of the Auxiliary 
auxiliary visitors of the state board of charity, a sum not 
exceeding sixteen hundred dollars. 

MISCELLANEOUS CHARITABLE. 

For transportation of state paupers, under charge of J/g''tatepauper°. 
the state board of charity, including return of prisoners 
released on probation from the state farm, a sum not ex- 
ceeding twelve thousand five hundred dollars. 

For the care and maintenance of indigent and neglected negjfg°e'if°'^ 
children and juvenile oft'enders, to include expenses in children, etc. 
connection with the same, a sum not exceeding one hun- 
dred and seventy thousand dollars. 

For expenses in connection with smallpox and other Dangerous 
diseases dangerous to the public health, for the present 
year and for previous years, a sum not exceeding twenty- 
five thousand dollars. 

For instruction in the public schools in any city or instruction of 
town in the Commonwealth of children boarded or bound '^^^^^'"^ ' 
out by the state board of charity, for the present year 
and for previous years, a sum not exceeding eighteen 
thousand dollars. 

For the support of sick state paupers by cities and ^^^^y*^*® 
towns, for the present year and for previous years, the 
same to include cases of wife settlement, a sum not ex- 
ceeding sixty-five thousand dollars. 

For the burial of state paupers bv cities and towns, for Burial of state 

.1 ■ 1 /• • ^ J paupers. 

the present year and lor previous years, a sum not exceed- 
ing eighty-five hundred dollars. 

For temporary aid furnished by cities and towns to Temporary aid. 
state paupers and shipwrecked seamen, for the present 



42 



Acts, 1902. — Chaps. 62, 63. 



Unsettled 
pauper infantB. 



year and for previous years, a sum not exceeding tiiirty- 
two thousand five hundred dollars. 

For the support and transportation of unsettled pauper 
infants in this Commonwealth, including infants in infant 
asylums, a sum not exceeding forty-eight thousand dol- 
lars. 

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

Approved February 6, 1902. 



ChaV' 62 -^^ -^^^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES 



Appropriations, 



Chief of dis- 
trict police. 



First clerk. 



Second clerk. 



Clerk in boiler 

inspection 

department. 

Members of 
district police. 

Travelling 
expenses. 



Expenses. 



OF THE DISTRICT POLICE. 

Be it enacted, etc. , as follows : 

Section 1. The sums hereinafter mentioned are 
appropriated, 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 two, to wit : — 

For the salary of the chief of the district police, twenty- 
five hundred dollars. 

For the salary of the first clerk in the office of the chief 
of the district police, fifteen hundred dollars. 

Fqr the salary of the second clerk in the office of the 
chief of the district police, one thousand dollars. 

For the salary of the clerk in the boiler inspection de- 
partment of the district police, six hundred dollars. 

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

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

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

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

Approved February 6, 1902. 



ChCtp. 63 ^^ -^^^ ^^ ADDITION TO AN ACT MAKING AN APPROPRIATION FOR 
THE MASSACHUSETTS HOSPITAL FOR EPILEPTICS. 



Massachusetts 
hospital for 
epileptics. 



Be it enacted., etc., as follotvs : 

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, for the 



Acts, 1902.— Chaps. 64, 65, 66. 43 

support of the Massachusetts hospital for epileptics during 
the present year, said sum being in addition to the appro- 
priation heretofore made for state patients, and to the 
receipts of said hospital. 

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

Approved February 6, 1902. 

An Act making an appuopriation for the support of state (JJku)^ g^. 

PAUPERS IN THE HOSPITAL COTTAGES FOR CHILDREN. 

Be it enacted^ etc., as follows : 

Section 1 . The sum of six thousand dollars is hereby Hospital 
appropriated, to be paid out of the treasury of the Com- chudfen. ^"^ 
mon wealth from the ordinary revenue, for the support of 
paupers in The Hospital Cottages for Children, during the 
year ending on the thirty-first day of December, nineteen 
hundred and two. 

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

Approved February 6, 1902. 



Chap. 65 



An Act making an appropriation for the state colony for 

the insane. 

Be it enacted, etc., as folloivs : 

Section 1. A sum not exceeding fifty thousand dol- fhetagaie?^ ^""^ 
lars is hereby appropriated, to be paid out of the treas- 
ury of the Commonwealth from the ordinary revenue, for 
repairs of buildings, construction of new buildings, and 
for the care and maintenance of the state colony for the 
insane, as authorized by section seven of chapter four 
hundred and fifty-one of the acts of the year nineteen 
hundred, being a reappropriation, the same having re- 
verted to the treasury, in accordance with section thirty- 
one of chapter six of the Revised Laws. 

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

Approved February 6, 1902. 



Chap. 66 



An Act making appropriations for the Massachusetts agri- 
cultural COLLEGE. 

Be it enacted, etc., as follows : 

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



44 



Acts, 1902. — Chap. 67. 



specified, for the year ending on the thirty-first day of 
December, nineteen hundred and two, to wit : — 
^ofiegeSoiar- ^^^^ ^^^^ Massacliusctts Agricultural College, for the 
ships. ' })urpose of providing eighty free scholarships, the sum of 

ten thousand dollars. 
Labor fund, etc. p^^. ^^^ Massachusctts Agi'icultural College, the sum 
of ten thousand dollars, to be expended under the direc- 
tion of the trustees for the following purposes, to wit : — 
Five thousand dollars for the establisliment 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 laAvs 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. 

For travelling and other necessary expenses of the 
trustees of the Massachusetts Agricultural College, a sum 
not exceeding five hundred dollars. 

For a maintenance fund for the veterinary laboratory 
at the Massachusetts Aijricultural Colleo:e, the sum of one 
thousand dollars. 

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

Aijproved February 6, 1902. 



Inslruction. 



Expenses of 
trustees. 



Veterinary 
laboratory. 



CJhciT). 67 ^'^ ^^"^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES 
OP THE MASSACHUSETTS HIGHWAT COMMISSION. 



Appropriations, 



iLassachusette 
highway com- 
mission. 

Engineers, 
clerks, etc. 



Expenses. 



Be it enacted., etc. , as foUoios : 

Section 1. The sums hereinafter mentioned are 
appropriated, to bo paid out of the treasur}^ 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 two, to wit: — 

For the salaries of the Massachusetts highway com- 
mission, the sum of eighty-five hundred dollars. 

For the salaries of the engineers, clerks and assistants 
in the office of the commission, a sum not exceeding 
thirteen thousand dollars. 

For travelling and other expenses of the commission, 
including printing, postage and necessary office expenses, 
a sum not exceedino- five thousand dollars. 



Acts, 1902. — Chaps. 68, 69. 45 

For rent of ofl5ces for the use of the commission, a sum Rent of offices. 
not exceeding four thousand seven hundred and fifty 
dollars. 

For care and repair of road-building machinery, a sum Roadbmiding 
not exceeding twenty-five hundred dollars. '^^'^ ^°^'^' 

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

Approved February 6, 1902. 

An Act making appropriations for salaries and expenses in nhn^^ gg 

THE department OF THE ATTORNEY-GENERAL. 

Be it enacted, etc., as folloios : 

Section 1. The sums hereinafter mentioned are Appropriations, 
appropriated, 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 two, to wit : — 

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

For the compensation of assistants in the office of the Assistants, etc. 
attorney-general, and for such additional legal assistance 
as he may deem necessary in the discharge of his duties, 
and also for other necessary expenses in his department, 
a sum not exceeding forty thousand dollars. 

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

Approved Febrziary 10, 1902. 

An Act making appropriations for the expenses of the uoard nj^^rj^ PX) 
OF free public library commissioners. ^ 

Be it enacted^ etc. , as follows : 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, 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 two, to wit : — 

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

For clerical assistance to and incidental and necessary clerical assist- 
expenses of the board of free public library conimis- *°''^' 
sioners, a sum not exceeding five hundred dollars. 

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

Approved February 10, 1902. 



46 



Acts, 1902. — Chaps. 70, 71, 72. 



ChcLT). 70 -^N Act makikg appropriations for continuing the publica- 
tion OF THE PROVINCE LAWS. 

Be it enacted^ etc., as follows : 
AppropriatioDB. SECTION 1. The suiiis hereinafter mentioned are 
appropriated, 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 
hundred and two, for completing the preparation and 
publication of the acts and resolves of the province of 
Massachusetts Bay, to wit : — 

For the salary of the editor, two thousand dollars. 

For the salary of the chief clerk, fifteen hundred dol- 
lars. 

For clerical service, and a messenger, a sum not exceed- 
ing three thousand five hundred dollars. 

For stationery, postage, travelling and other necessary 
expenses in the preparation and publication of the province 
laws, a sum not exceeding one hundred and fifty dollars. 

For printing and binding such volumes as may be com- 
pleted, a sum not exceeding six thousand dollars. 

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

Approved February 10, 1902. 



Editor of 
province laws. 
Chief clerk. 



Clerical eervioe, 
etc. 



Expenses. 



Printing and 
binding. 



GhCLV 71 "^^ ^^'^ ^^ AUTHORIZE THE WHEATON FEMALE SEMINARY TO HOLD 
ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as folloios : 
May hold addi- Section 1. The Whcaton Female Seminary is hereby 

tional real and iiiTii i 

personal estate, authorized to hold real and personal estate to an amount 
not exceeding five hundred thousand dollars in addition 
to the amount which it is now authorized to hold. The 
use and income of such additional estate shall be applied 
exclusively to the purposes of education. 

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

Approved February 10, 1902. 



OhdT). 72 -^^ ^^^ MAKING AN APPROPRIATION FOR THE CARE AND MAINTE- 
NANCE OF THE NANTASKET BEACH RESERVATION BY THE METRO- 
POLITAN PARK COMMISSION. 

Be it enacted, etc., as folloios : 

tea^^^^TNan. Section 1. A sum not exceeding fifteen thousand 
tasket beach, dollars is hereby appropriated, to be paid out of the treas- 



Acts, 1902. — Chaps. 73, 74. 47 

ury of the Commonwealth from the ordinary revenue, for 
the care and maintenance of Xantasket beach by the met- 
ropolitan park commission during the year ending on the 
thirty-first day of December, nineteen hundred and two, 
this amount to be reimbursed to the Commonwealth by 
the towns and cities in the metropolitan parks district, 
in accordance with the provisions of chapter four hun- 
dred 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 February 10, 1902. 



Chap. 73 



An Act making appropriations for deficiencies in appropri- 
ations FOR CERTAIN EXPENSES AUTHORIZED IN THE YEAR NINE- 
TEEN HUNDRED AND ONE. 

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 payment 
of certain expenses in excess of the appropriations there- 
for in the year nineteen hundred and one, to wit : — 

For the care and maintenance of indigent and neglected care,etc.,of 

o & indigent and 

children, the sum of three thousand six hundred thirty- neglected cwi- 
two dollars and seventy-one cents. 

For the support and transportation of unsettled pauper support, etc., 
infants of this Commonwealth, the sum of six hundred pl^erTnlants. 
forty-two dollars and fifty-two cents. 

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

Approved February 10, 1902. 

An Act to provide better accommodations for the courts and nj^fj^ 74 

REGISTRY OF DEEDS OF THE COUNTY OF ESSEX AT LAWRENCE. "' 

Be it enacted, etc., as follows : 

Section 1. The county commissioners of the count}^ Additions, etc., 
of Essex are hereby authorized, for the purpose of com- deedfanY°^ 
pleting the necessary alterations and additions to the regis- building i 
try of deeds and superior court building in Lawrence, to Lawrence, 
expend, in addition to the amount already authorized, the 
further sum of one hundred thousand dollars, to acquire 
land and erect buildings thereon, and to provide the 
necessary furnishings for said building for the purpose 
of providing sufficient accommodations for the courts and 
registry of deeds in Lawrence. 



jr court 



48 



Acts, 1902. — Chaps. 75, 76. 



County com- 
miBsioners to 
borrow upon 
credit of county. 



Section 2. To meet the additional expenses incurred 
under this act said commissioners may borrow from time 
to time upon the credit of said county a sum not exceed- 
ing^ one hundred thousand dollars. 

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

A2)proved February 11, 1902. 



Chap. 75 -^^ -^CT MAKING APPROPKIATIONS FOR SALARIES AND EXPENSES AT 

THE LYMAN SCHOOL FOR BOYS. 



A ppropriations. 



Lyman school 
for boys, sala- 
ries, wages, etc, 



Expenses. 



Agents. 



Boarding out 
children. 



Instruction in 
public schools. 



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 two, to wit : — 

For salaries, wages and labor at the Lyman school for 
boys, a sum not exceeding twenty-nine thousand dol- 
lars. 

For other current expenses at the Lyman school for 
boys, a sum not exceeding forty-five thousand four hun- 
dred and ten dollars. 

For salaries and expenses of such agents as the trustees 
of the Lyman and industrial schools may deem necessary 
to employ, a sum not exceeding seven thousand five hun- 
dred dollars. 

For expenses in connection with boarding out children 
by the trustees of the Lyman and industrial schools, a 
sum not exceeding forty-five hundred dollars. 

For instruction in the public schools in any city or 
town in the Commonwealth of boys boarded or bound out 
by the trustees of the Lyman and industrial schools, a 
sum not exceeding fi.ve hundred dollars. 

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

Approved February 11, 1902. 



Char) 76 -^^ -^^^ making appropriations for salaries and EXPENSES AT 
^ * THE STATE INDUSTRIAL SCHOOL FOR GIRLS. 

Be it enacted, etc., as folloivs : 
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 



Acts, 1902. — Chaps. 77, 78. 49 

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

For salaries, wages and labor at the state industrial gcho^oi^f^oTgiris, 
school for girls, a sum not exceeding fifteen thousand salaries, etc. 
eight hundred dollars. 

For other current expenses at the state industrial school ^^penseB. 
for girls, a sum not exceeding twenty-three thousand nine 
hundred and seventy-five dollars. 

For expenses in connection with boarding out younger Boardingout 
girls from the state industrial school, to include boarding y°™^"^''^^- 
and other expenses for girls on probation, a sum not ex- 
ceeding thkty-two hundred dollars. 

For instruction in the public schools in any city or inetruction in 

town in the Commonwealth of oirls boarded or bound out ^" ^'^^'^ °° *' 

o 

by the trustees of the Lyman and industrial schools, a 
sum not exceeding one hundred and tw^enty-five dol- 
lars. 

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

Approved Fehruary 11, 1902. 

An Act to establish the salaries of the metkopolitan pakk njirijj 'J'J 

COMMISSIONERS. 

Be it enacted, etc., as follows : 

Section 1. The chairman of the metropolitan park Metropolitan 
commissioners shall receive, from December thirty-first, eroners^^arieB. 
nineteen hundred and one, a salary of forty -five hundred 
dollars a year, and the other members of said commission 
shall each receive a salary of six hundred dollars a year ; 
and all of said sums shall be paid out of the funds pro- 
vided l)y law for the maintenance of the metropolitan 
reservations and parkways. 

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

A2J2y'roved February 11, 1902. 

An Act to authorize the barre library association to hold z^/,^^ 7Q 

ADDITIONAL REAL AND PERSONAL ESTATE. ■^' 

Beit enacted, etc., as follows: 

Section 1. The Barre Library Association of Barre May hold addi- 
is hereby authorized to hold real and personal estate for perTonaTestatt. 
the purposes named in its act of incorporation, chapter 
one hundred and five of the acts of the year eighteen hun- 
dred and eighty-five, to a value not exceeding two hundred 



50 



Acts, 1902. — Chaps. 79, 80, 81. 



thousand dollars, exclusive of books, papers, works of art, 
and other collections in its museum. 

Section 2. This act shall take eft'ect upon its passage. 

Approved February 11, 1902. 



Chan. 79 ^^ ^^'^ making an appropriation for the MASSACHUSETTS 

STATE SANATORIUM. 



MaBsachueetts 
state sana- 
torium. 



Be it enacted, etc., as foUoivs : 

Section 1. The sum of seventy-five thousand dollars 
is hereby appropriated, to be paid out of the treasury of 
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 two, this 
amount to be in addition to tiie receipts of the institu- 
tion ; and so much of said receipts as may be needed to 
pay the expenses of the institution may be used for that 
purpose. ^ 

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

Approved February 11, 1902. 



Chan. 80 ^^ -'^CT making an appropriation for the care of RESERVA- 
TIONS UNDER THE CONTROL OF THE METROPOLITAN PARK COM- 
MISSION. 



Care of certain 
reservations. 



Be it enacted, etc., as foUotvs : 

Section 1. A sum not exceeding one hundred twenty- 
nine thousand one hundred and fifty-five dollars is hereby 
appropriated, to be 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 two. 

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

Approved February 11, 1902. 



Chaj)' 81 ^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES AT 

THE STATE HOSPITAL. 

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



Acts, 1902. — Chaps. 82, 83. 51 

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

For salaries, wages and labor at the state hospital, a state hoepuai, 
sum not exceeding forty-six thousand dollars. eaanee, etc. 

For other current expenses at the state hospital, a sum Expenses. 
not exceeding one hundred and fifty-one thousand dollars 

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

Apinoved February 11, 1902. 

An Act to authorize the provident institution for savings nj^rij) S2 
IN the town of boston to hold additional real estate. ^ * 

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

Section 1. The Provident Institution for Savings in Mayhouiaddi- 
the Town of Boston, incorporated by an act passed in the esute.'^*'*^ 
year eighteen hundred and sixteen, is authorized to pur- 
chase and hold real estate in the city of Boston, not 
exceeding one million dollars in value, for the purposes 
stated in the eighth clause of section twenty-six of chap- 
ter one hundred and thirteen of the Revised Laws. 

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

Approved February 11, 1902. 



Chap. 83 



An Act to authorize the handel and iiaydn society to hold 
additional real and personal estate. 

Be it enacted, etc., as follows: 

Section 1 . Section three of chapter seventy-seven isie, ii, § 3, 
of the acts of the year eighteen hundred and sixteen, *™®°'^®^- 
entitled " An Act to incorporate the Handel and Iiaydn 
Society ", is hereby amended by striking out the word 
" fift}^ ", in the third line, and also in the fourth line, and 
inserting in place thereof, in each instance, the words : — 
two hundred, — so as to read as follows : — Section 3. The Handei and 
Be it further enacted. That the said corporation shall be may hokuddi^ 
capable of taking and holding real estate, not exceeding pMsonaTestate. 
the value of tM'o hundred thousand dollars, and personal 
estate not exceeding the value of two hundred thousand 
dollars, which estate shall never be divided among the 
members of the corporation, but shall descend to their 
successors, subject only to the payment of the just debts 
to be incurred by said corporation. 

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

Approved February 12, 1902. 



52 Acts, 1902. — Chaps. 84, 85, 86. 



Chcip. 84 An Act to authorize the town of needham to make an 

ADDITIONAL "VVATEli LOAN. 

Be it enacted^ etc., as folloios : 

\vate/]S.an. SECTION 1. Tlic towii of Ncodhaiii, for the purposes 

mentioned in cliapter one liundred and seven of the acts 
of the year eighteen hundred and eighty-eight and acts in 
addition thereto, and for the further purpose of extending 
tlic water system therein authorized, may issue bonds, notes 
or scrip, to be denominated on the face thereof, Needham 
Water Loan, to an amount not exceeding twenty-five 
thousand dollars in addition to the amount heretofore 
authorized by law to be issued by said town for said pur- 
poses. Such bonds, notes or scrip shall bo issued upon 
the same terms and conditions, and with the same powers 
in behalf of said town, as are provided in said chapter one 
hundred and seven. 

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

Approved February 12, 1902. 



Chcip. 85 An Act to korkid quail shooting on the island of nantucket 

FOR A period of THREE YEARS. 

Be it enacted, etc., as follows : 

of quiu^a't N^an- Section 1 . It shall bc uulawful to take, kill or have 

dlnVoVa certain i» posscssion any quail on the island of Nantucket at any 

period. time within tliree years after the first day of March in the 

3^ear nineteen hundred and two. 

°°"'^" Section 2. Whoever violates any provision of this 

act shall be punished by a fine of twenty dollars for every 

quail taken, killed or had in possession contrary to the 

})rovisions hereof. Ap>proved February 12, 1902. 



Chap. 86 -^^ -^^^ '^^ AUTHORIZE THE TOWN OK SWAMPSCOTT TO CONSTRUCT 

A SYSTEM OF SEWERAGE. 

Be it enacted, etc., as follows : 

Section 1. The town of Swampscott is hereby author- 

Swrmpacott izcd, tlirougli its board of sewer commissioners, to lay out, 

^ci^ aT/st "m ' construct, maintain and operate main drains and common 

etc?^"^^'**^' sewers for a part or the Avhole of its territory, with such 

connections and other works as may be required for a 



Acts, 1902. — Chap. 86. 53 

system of sewage disposal ; and said board, for the pur- 
pose of providing better surface or other drainage, guard- 
ing against pollution of waters, and otherwise protecting 
public health, may lay out, construct and maintain such 
main drains as it deems expedient ; and may within the 
limits of said town deepen, widen and clear of obstruc- 
tions 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 lioard of health, discharge the water 
into any brook, stream or water course within said town. 

Section 2. Said board of commissioners, acting for May take lands, 
and in behalf of the said town, shall have full power to ;\^t""g^*«- 
take by purchase or otherwise any lands, water rights, 
rights of way or easements in said town, public or pri- 
vate, of any persons or corporations, necessary for any of 
the purposes mentioned in this act, and may construct 
such main drains and sewers under or over any water 
course, bridge, railroad, highwa}-, boulevard or other 
way, or within the location of any railroad, and may 
enter upon and dig up any private land, street or way or 
railroad location, for the purpose of laying such drains 
and sewers and of maintaining and repairing the same, 
and may do any other thing proper or necessary for the 
purposes of this act : provided, /lowever, that they shall pi-ovibo. 
not take in fee any land of a railroad corporation, and that 
they shall not enter upon or construct any drain or sewer 
within the location of any railroad corporation, except at 
such time and in such manner as they may agi'ee upon 
with such corporation, or, in case of ftiilure to agree, as 
may be approved by the board of railroad commissioners. 

Section 3. Said board, in order to take any lands in Description of 

/. J.'^^'^J.I^ j_j.i* lands, etc., to be 

tee, water rights, rights ot way or easements, otherwise recorded. 
than by purchase or agreement, shall cause to be recorded 
in the registry of deeds for the county of Essex, southern 
district, a statement signed by a majority of the board 
containing a description thereof as certain as is required 
in a conveyance of land, and specifying that the same are 
taken under the authority of this act ; and upon such re- Damages, 
cording the title in the lands, water rights, rights of way 
or easements described in such statement shall vest in the 
town of Swampscott, which shall pa}' all damages therefor 
and all other damages sustained by any person or corpo- 



54 



Acts, 1902. — Chap. 86. 



ration through any action of said board under this act. 
Said board at the time of such taking shall notify the 
oAvners thereof in writing, and may agree with any person 
or corj)oration upon the damages sustained by such person 
or corporation ; and if tlie damages are not agreed upon a 
jury in tlie superior court for said county may be had to 
determine the same, upon petition of either party, in the 
manner provided by law for determining damages for land 
taken for highways ; Ijut in case of a taking no suit or 
petition shall be brought after the expiration of two years 
from the date of the recording of the taking as herein 
provided ; and in all other cases no suit or petition shall 
be brought after the expiration of two years from the time 
when the cause of action accrues. 
iBiTedfied r^m'^ Section 4. In every case of a petition for the assess- 
as damages, etc. ij^ipnt. of damages or for a jury said town may at any time 
file in the office of the clerk of the court an offer in writing 
to pay the petitioner a sum therein specified as damages ; 
and if the petitioner does not accept the same Avithin 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 toAvn 
shall recover costs from the date of said notice ; and the 
petitioner shall be entitled to costs only to said date. 

Section 5 . The owners of estates benefited and abut- 
ting on any streets or ways, public or private, in which 
sewers shall be laid under the provisions of this act, shall 
pay to said town toAvards defraying the cost of such sewers, 
system or systems of scAverage and scAvage disposal, an 
assessment or betterment charge as follows : — Twenty- 
five cents per running foot frontage on the street or Avay 
in Avhicli a sewer is constructed, and three tenths of one 
cent per square foot of area Avithin a depth of one hun- 
dred and twenty-five feet from the line of such street or 
way. In cases of corner estates abutting on more than 
one sewered street the same area shall not be assessed 
twice, and the frontage upon the longest side upon any 
sewered street or way shall be assessed only, except when 
the frontage on the remaining scAvered street or Avay is 
more than one hundred and twenty-five feet, Avhen all 
frontage on such remaining sewered street or Avay in 
excess of such amount shall be assessed as provided. 
No estate shall be deemed benefited unless or until a 
sewer is constructed into Avhich it can be drained. The 



Apportionment 
of cost. 



Acts, 1902. — Chap. 86. 55 

remainder of the cost of said system or systems shall be 
borne by tlie town. The sewer commissioners shall deter- 
mine the amount of assessment due, in accordance with this 
act, from any and all estates benefited, and as soon as the 
sewer or sewers are completed so that such estates may be 
drained therein, they shall assess said amount upon the 
owners of such estates by filing a certificate with the col- 
lector of taxes of said town, designating the street or way 
or part thereof sewered, and setting forth the names of 
the owners of the estates abutting and benefited, and the 
amount of the assessment to be paid by each, and refer- 
ring to a plan on file in said sewer commissioners' office, 
which plan shall show the name of each owner of such 
estates, the location thereof upon such sewered street or 
way, and the frontage and area of each estate as assessed. 
The collector shall upon receipt of such certificate make Payment of 
a demand m writing tor the payment oi such assessment etc. 
or charge, and every owner shall within three months 
after such demand is served upon him or on the occupant 
of such estate, or sent by mail to the last address of the 
owner known to the collector of taxes, pay to the town 
collector of taxes the sum so assessed or charged : jwo- Proviso. 
vuled, that said board shall, on the written request of any 
owner, made within three months, apportion such assess- 
ment or charge into sucli a number of equal parts or instal- 
ments, not exceeding ten, as the owner shall designate in 
such request, and they shall specify such apportionment 
to the assessors. Interest from the date of such appor- 
tionment at the rate of five per cent per annum shall be 
added to each of such assessments or charges until they are 
paid, and one of such parts or instalments shall be added 
by the assessors to the annual tax of such estates for each 
year ensuing until all such parts have so been added, un- 
less paid before as hereinafter provided. Nothing herein 
shall be construed to prevent the payment at any time 
in one payment, notwithstanding its prior apportionment, 
of any remainder of any assessment or charges then re- 
maining unpaid, but interest on such balance at the rate 
of five per cent per annum shall be paid to the date of 
such payment, and tliereupon the town treasurer shall 
receive the same and certify such payment or pa3micnts 
to the assessors, who shall preserve a record thereof. 

Section 6. The assessment or charge aforesaid sliall ^crto^onsti- 
constitute a lien upon the estate, which shall continue for *^jft^ ".fj^ "p°" 



56 



Acts, 1902. — CiiAr. SCy. 



two years after such certificate is made and filed, and 
after the demand aforesaid is made, or, in case of appor- 
tionment, until the expiration of two years from the time 
when the last instalment is committed to the collector. 
Said assessment, together Avith interest at the rate of five 
per cent per annum, with incidental costs and expenses, 
may be levied by the sale of such estate or so much thereof 
as shall be sufficient to discharge the assessment and in- 
terest and intervening ehargesj if the assessment is not 
paid within three months after the service of said notice, 
or, if it has been apportioned, within three months after 
any portion has become due. Such sale and all proceed- 
ings connected therewith shall be conducted in the same 
manner as sales for the non-payment of taxes are con- 
ducted, and real estate so sold may be redeemed in the 
same manner as if it were sold for the non-payment of 
May be collected taxcs. Sucli assessmcuts or part thereof mav be col- 

by an action ot,.,- , ^ , -^ 

contract. Icctcd also by an action oi contract m the name of the 

town of Swampscott against the owner of such estate, 
brought at any time within two 3^ears after the same has 
become due. 

Section 7. Any person aggrieved by such assessment 
may at any time Avithin tliree months after the service of 
the demand mentioned in section five of this act apply to 
the superior court of said count}- for a jury to revise the 
same, but before making such application he shall give 
to said commissioners fourteen days' notice in writing, 
and shall therein specify particularly his objection to the 
assessment, to which specification he shall be confined 
in his hearing before a jury. 

Section 8. The town of Swampscott, for the purpose 
of 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 
determining the legal limit of indebtedness of the town 
under the provisions of section four of chapter twenty- 
seven of the Revised Laws. Such bonds, notes or scrip 
shall bear on their face the words, Swampscott ScAverage 
Loan, shall be payable Avithin 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 bA' the treasurer 



Persons 
aggrieved may 
apply for a 
jury, etc. 



Swampscott 
Sewerage Loan 



Acts, 1902. — Chap. 86. 57 

of said town and shall be countersigned by a majority of 
the sewer commissioners. The town may sell such secu- 
rities or any part thereof from time to time at public or 
private sale, or pledge the same for money borrowed for 
the purpose of this act : provided, that they are not sold P'o'^so- 
or pledged for less than the par value thereof ; and the 
proceeds thereof shall be retained in the treasury, and 
the treasurer shall pa}^ therefrom the expenses incurred 
for the purposes aforesaid. 

Section 9. Said town instead of establishing a sinking May provide for 
fund may at the tmie of authorizing said loan provide for mems oM^oan. 
the payment thereof in such annual proportionate pay- 
ments as will extinguish the same within the time pre- 
scribed in this act ; and when such vote has been passed 
the amount required thereb}^ 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 sec- 
tion thirty-seven of chapter twelve of the Revised Laws. 

Section 10. The receipts from assessments and pay- Payment of 
nients made in lieu thereof under this act, after deducting °""'''^'^- 
all charges and expenses for and incident to the mainte- 
nance 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 payment of the further extension of the 
system or systems of sewerage herein authorized to bo 
constructed by said town, as the said town shall vote, 
and shall be used for no other purpose. If the receipts 
from said assessments and from payments made in lieu 
thereof in any year, not appropriated for the construc- 
tion and maintenance of sewers as aforesaid, shall be in- 
sufficient to pay the interest on said bonds, notes or 
scrip, and the principal as it falls due, then in such cases 
the town shall raise forthwith by taxation, in the same 
manner as money is raised and appropriated for other 
town purposes, such sums as will meet the said require- 
ments. 

Section 11. The board of commissioners shall an- commissionerB 
nually appoint a clerk, and may appoint a superintendent cierkfetc!* 
of sewers, and may remove said clerk or superintendent 



58 



Acts, 1902. — Chap. 86. 



Coutracte. 



May prescribe 
rules and regu- 
lations, impose 
penalties, etc. 



Certain provi- 
sions of law to 
apply. 



Plans to be ap- 
proved by state 
board of health. 



When to take 
effect. 



at its pleasure. The compensation of tlic commissioners 
shall be fixed by the town. 

Section 12. All contracts made by the board of 
commissioners for the purposes of this act shall be made 
in the name of the town, and shall be signed by the 
board ; but no contract shall be made or obligation in- 
curred by the commissioners for any purpose in excess of 
the amount of money appropriated by the toAvn therefor. 

Section 13. The board of commissioners may from 
time to time prescribe rules and regulations for the con- 
necting of estates and buildings with main drains and 
sewers, and for the inspection of material, the construc- 
tion, alteration and use of all connections and drains 
entering into such main drains or sewers, and may impose 
penalties not exceeding twenty dollars for each violation 
of any such rule or regulation. Such rules or regula- 
tions shall be published not less than once a week for 
three successive weeks in some newspaper published in 
the town of Swampscott, if there be any, and otherwise 
in some newspaper published in the county of Essex, and 
shall not take efiect until such publication has been made. 

Section 14. The provisions of chapters twenty-seven 
and forty-nine of the Revised Laws, so far as the same 
are applicable and not inconsistent with this act, shall 
apply to the town of Swampscott in carrying out the pro- 
visions of this act. 

Section 15. No work shall be done under the au- 
thority of the preceding sections until the plans for said 
system or systems of sewerage have been approved by 
the state board of health ; and no system or systems of 
sewage disposal shall be approved by said board, except 
such as provide that the point of discharge of said sewage 
shall be at or near Dread Ledge beacon in Nahant bay, 
unless some other point of discharge shall be approved 
by said board after a public hearing of which the mayor 
and aldermen of the city of Lynn and the selec-tmen of 
the towns of Marblchead and Nahant shall receive proper 
notice. 

Section 10. This act shall take eft'ect upon its pas- 
sage, but no expenditure shall be made nor any liability 
incurred thereunder unless this act shall first be accepted 
by vote of the majority of the voters of said town at a 
legal meeting called for the purpose. 

Approved February 13, 1902. 



Acts, 1902. — Chaps. 87, 88. 59 



An Act to incorporate the francis wyman association. (JJian 87 
Be it enacted, etc., as follows : 

Section 1, Benjamin F. Wyman, Morrill Wyman, Francis wyman 
junior, Henry A. W3''man, Louis A. Wyman, L. Waldo incorpo^rated. 
Thompson, Edward F. Johnson, H. Winlield Wyman and 
Gerald Wyman, their associates and successors, are hereby 
made a corporation by the name of the Francis Wyman 
Association, for the purpose of acquiring and preserving 
relics and records of the family of Francis Wyman, and 
the ancient Wyman homestead in the town of Burlington 
built by his son about the year sixteen hundred and sixty- 
six, and also of encouraging friendly intercourse among 
his descendants. Said corporation is to maintain its prin- 
cipal office or rooms in said town of Burlington, 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 twenty-five of the Revised Laws and acts 
in amendment thereof, except as otherwise stated herein. 

Section 2 . The capital stock of said corporation shall cap'tai stock. 
be five thousand dollars, divided into one thousand shares 
of the par value of five dollars each. 

Section 3. Said shares shall be held only by persons who may hold 
who are descendants of said Francis Wyman, and no one 
person shall be the owner of more than twenty shares. 

Section 4. Said corporation may acquire by gift, Gj^fts, grants, 
grant, devise- or purchase, and hold for the purposes 
aforesaid, real and personal estate to the value of five 
thousand dollars. 

Section 5. This act shall take eftect upon its passage. 

Approved February 18, 1902. 



Chap. 88 



An Act making appropriations for salaries and expenses in 

THE department OF THE ADJUTANT GENERAL, AND FOR SUNDRY 
OTHER MILITARY EXPENSES. 

Be it enacted, etc., as follows : 

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

For the salary of the adjutant general, thirty-six hun- Adjutant gen- 
dred dollars. ''^^- 



60 



Acts, 1902. — Chap. 88. 



First clerk. 



Second clerk. 



Additional 
clerk. 



Extra clerks. 



MeBsenger. 



Clerical 
ai^Hititance. 



Militia 
compenBation. 



Transportation. 



Kxpenseg. 



Ilent of 
arinoriee, etc. 



Quai^termaeters' 
Huppliea. 

Expenses. 



Camp ground. 



Military 
accounts. 



Care of 
armories. 



Janitors. 



Clothing. 



For the salary of the first clerk in the adjutant general's 
department, twenty-two hundred dollars. 

For the salary of the seeond 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 employees at the 
state arsenal, a sum not exceeding sixty-three hundred 
dollars. 

For the compensation of officers and men of the volun- 
teer militia, a sum not exceeding one hundred and fifty 
thousand dollars. 

For the transportation of officers and men of the volun- 
teer militia, wdien 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-tive hun- 
dred dollars. 

For rent of brigade and battalion headquarters and 
company armories, a sum not exceeding thirtj^-seven 
thousand dollars. 

For quartermasters' supplies, a sum not exceeding ten 
thousand dollars. 

For incidental and contingent expenses in the quarter- 
master general's department, a sum not exceeding live 
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 thou- 
sand dollars. 

For heating, lighting, furnishing and caring for the 
armories recently erected in certain cities of the Com- 
monwealth for tlie use of the volunteer militia, a sum 
not exceeding twenty-five thousand dollars. 

For the services of janitors of certain armories, a sum 
not exceeding seven thousand dollars. 

For allowance and repair of clothing of the volunteer 
militia, a sum not exceedino- nine thousand dollars. 



Acts, 1902. — Chap. 89. 61 

For expenses in connection with the rifle practice of the Rifle practice. 
volunteer militia, a sum not exceeding eighteen thousand 
dollars. 

For furnishing repairinfj and carino; for the United care, etc., of 
States steamer Inca, a sum not exceeding twelve hun- inca- 
dred dollars. 

For the salary of the surgeon general, twelve hundred svujgeon gen- 
dollars. 

For medical sui)plies for the use of the volunteer militia, Medical 
and for incidental and contingent expenses of the surgeon *"^^ ^^^' 
general, a sum not exceeding twenty-two hundred dollars. 

For expenses in connection with the examination of fecr^ilr'^"" °^ 
recruits for the militia, a sum not exceeding twenty-tive 
hundred dollars. 

Any sums of money received under the provisions of camp^ground^ 
section one hundred and two of chapter sixteen of the ®*'^- 
Revised Laws, and any sums received from the sale of 
grass at the camp ground at Framingham during the 
year nineteen hundred and two, 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 eft'ect upon its passage. 

Apjyroved February 18, 1902. 



^^ Chap. 89 

NS -^ 



An Act to authorize the county of Worcester and cities and 
towns in said county to contribute toward the deven 
memorial monument, and to incorporate the worcester 
county memorial devens statue commission. 

Be it enacted, etc., as follows : 

Section 1 . Any city or town in the county of Worces- certain cities 
ter may raise and appropriate, and pay to the corporation contri*Mi°e ^^^ 
hereinafter created, a sum not exceeding one cent on D^enimemo- 
every one hundred dollars of its valuation, for the pur- rmi monument, 
pose of erecting in front of the county com*t house in tlie 
city of Worcester a monument in memory of the patriot- 
ism and valor of the men of AYorcester county in the war 
for the union ; the monument to be surmounted by a 
bronze equestrian statue of the late major general and 
judge, Charles Devens. 

Section 2. George F. Hoar, J. Evarts Greene, Her- Worcester 
hext Parker, Nathaniel Paine, Emerson Stone, Rufus B. ria"i)event™° 
Dodge, Daniel Merriman, Edward J. Russell, and the si'onTnc^orpo™''' 

rated. 



62 



Acts, 1902. — Chap. 90. 



County of 
Worcester may 
pay a certain 



Repeal. 



mayor of the city of Worcester for the time being, and 
their associates and successors, are hereby made a corpo- 
ration under the name of the Worcester County Memorial 
Devens Statue Commission, with power to cause to be 
erected the monument above described, and to fix the 
position thereof in front of the Worcester county court 
house in the city of Worcester, and to receive the con- 
tributions already collected for said monument and statue 
and all moneys that may hereafter l)c contributed for that 
purpose, and all moneys that may be raised and appro- 
priated by the cities and towns of Worcester county and 
by Worcester county under authority hereof. 

Section 3. The county commissioners of the county 
of Worcester are hereby authorized to ai)propriate and 
pay to said corporation a sum not exceeding live thou- 
sand dollars. 

Section 4. Chapter five hundred and six of the acts 
of the year eighteen hundred and ninety-six is hereby 
repealed. 

Section 5. This act shall take effect upon its passage. 

Approved February 18, 1902. 



Chap. 90 -^N Act relative to publication by the assessors of the city 

OF BOSTON OF THE NAMES AND RESIDENCES OF PERSONS AS- 
SESSED OR CERTIFIED, AND THEIR WITNESSES. 



R. L. 11, § 20, 
amended. 



Record of per- 
sons assessed 
and witnesses 
to be kept, etc. 



Be it enacted, etc., as follows : 

Section 1. Section twenty of chapter eleven of the 
Revised Laws is hereby amended by inserting in the fifth 
line, after the word "and", the words: — the assessors 
of Boston, — and by adding at the end of the sixth line, 
the words: — by them, — so as to read as follows: — 
Section 20. The assessors shall enter the name and resi- 
dence of each person thus assessed or certified in a book 
provided for that purpose, and opposite to each name, 
the names, occupations and residences of the persons 
who have testified as above provided, and the assessors 
of Boston shall cause to be printed in some newspaper 
published in Boston the name and residence of each per- 
son thus assessed or certified by them, wath the names 
and residences of the two witnesses who have testified for 
such person. The names and residences of such persons 
and witnesses shall be printed, as above provided, within 
two days after the number of names of persons thus as- 
sessed or certified, not printed, reaches fifty, and on the 



Acts, 1902. — Chap. 91. 63 

day when such number is reached, the names to be printed 
within sucli two days shall inchide tlie names of all such 
persons and witnesses up to the close of business in the 
office of the assessors on such day. The names and resi- 
dences of the persons thus assessed or certified shall be 
printed in Roman type, and immediately following each 
of such names shall be printed in Italic type the names 
and residences of the two witnesses who have testified 
for such person. The names of such persons and wit- 
nesses shall be arranged and printed by wards and pre- 
cincts. 

In every place where voters are registered, the regis- copies of laws 
trars, and in every place where oaths are administered as ° ''po**® • 
required by this chapter, the assessors, shall post in a 
conspicuous place a copy of sections three hundred and 
eighty-nine and three hundred and ninety, printed on 
white paper with black ink, in type not less than one 
quarter of an inch Avide. 

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

Ap])roved Fehruary 20, 1902. 

An Act relative to the abatement of certain poll taxes, z^/,^//,^ qi 
Be it enacted, etc., as folloius : 

Section 1. Section eighty-four of chapter twelve of RL.12 §84, 

c5 «' A amended , 

the Revised Laws is hereby amended by inserting after 
the words "But no poll tax shall be abated", in the 
eleventh line, the words : — under the provisions of this 
section, — so as to read as follows : — -Section 84. If a Abatement of 
collector is satisfied that a poll tax or tax upon personal taxe^B!^*^**^'^ 
property, or any portion of said tax, committed to him 
or to any of his predecessors in office for collection, can- 
not be collected l^y reason of the death, absence, poverty, 
insolvency, bankruptcy or other inability of the person 
assessed to pay, he shall notify the assessors thereof in 
writing, under oath, stating the reason why such tax can- 
not be collected. The assessors, after due inquiry, may 
abate such tax or any part thereof, and shall certify such 
abatement in writing to the collector ; and said certificate 
shall discharge the collector from further oblifi^ation to 
collect the tax so abated. But no poll tax shall be Poutaxuot 
abated, under the provisions of this section, within the of a^rseB^Bmentf' 
calendar year in which it is assessed. 

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

Approved Fehruary 20, 1902. 



64 Acts, 1902. — Chaps. 92, 93, 94. 



CliaD. 92 ■'^^ -'^CT TO AUTHORIZE THE SUFFOLK SAVINGS UANK FOR SEAMEN 
AND OTHERS TO HOLD ADDITIONAL REAL ESTATE. 

Be it enacted, etc., as follows : 
May hold addi- Segtion 1. The Sufl'olk Savings Bank for Seamen and 
estate. Otliei's, incorporated by chapter .seventy-three of the acts 

of the year eighteen hundred and thirty-three, is author- 
ized to purchase and hold real estate in the city of Bos- 
ton to a value not exceeding one million dollars, for the 
purposes set forth in the eighth clause of section twenty- 
six of chapter one hundred and thirteen of the Revised 
Laws. 

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

Approved February 20, 1902. 

Char) 93 ^^ ^^^ '^^ authorize the towns of carver, lakeville and 

ROCHESTER TO UNITE IN THE EMPLOYMENT OF A SUPERINTEND- 
ENT OF SCHOOLS. 

Be it enacted, etc., as follows : 
Certain towns SECTION 1. The towiis of Carvcr, Lakeville and 

may unite in , ti i ,i j. -j. i? j.i 

the employment Rochcstcr sliall liavc the same power to unite tor the pur- 
ent of school, ' posc of employing a superintendent of schools, and the 
***'* same right to receive an allowance from the state treas- 

ury, which, under the provisions of section forty-three 
of chapter forty-two of the Revised Laws, they would 
have if said towns contained twenty-five schools, and they 
shall be subject to the same duties and liabilities to which 
they would be subject if they contained twenty-five 
schools. 

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

Ajypiroved February 20, 1902. 



ChaV 94 ^^ ^^'^ '^^ REGULATE THE TAKING OF SHELLFISH IN THE TOWN 
"' OF MARION. 

Be it enacted, etc., as follows : 
Taking of shell- Section 1 . It shall bc unlawful to take or catch any 
regulated*. ' oystcrs froiu or in the waters of Blankinships or Plaintain 
island coves in the town of Marion, or to use a dredge or 
a drag net in said waters for any purpose, before the first 
day of September in the year nineteen hundred and four. 
Penalty. SECTION 2. Whocvcr violatcs any provision of this 

act shall be punished by a fine not exceeding twenty dol- 
lars for each offence. Ap)p)roved February 20, 1902. 



Acts, 1902. — Chaps. 95, 9(3. 65 



An Act to extend the time within which the Plymouth ni^rfy. or; 

COUNTY RAILKOAI) COMPANY MAY EXTEND ITS ROAD. ^ 

Be it enacted., etc., as folloivs : 

Section 1. Section one of chapter three hundred and amended^'' 
sixty-one of the acts of the year nineteen hundred and one 
is hereby amended by inserting after the word "year", in 
the seventh line, the Avords : — and six months, — so as 
to read as follows : — /Section 1. The Plymouth County Thei'iymouth 
Railroad Company may extend its road under the provi- company''may'"^ 
sions of chapter one hundred and tifty-one of the acts of ^^^^'^'^ "** '^'^^^• 
the year eighteen 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 : ^ji-oi'/rferZ, that Proviso. 
said company shall Avithin one year and six months from 
the passage of this act construct that part of its road 
beginning at the jNIarshfield line and extending to the 
Hummock, in the town of Duxbury. 

Section 2. Section live of said chapter is hereby 1901, set, §5, 
amended by striking out the word " April", in the sec- ^'"^''^'"^■ 
ond line, and inserting in place thereof the word: — 
October, — so as to read as folloAvs : — /Section 5. If the Portion of road 
said company shall, before the sixth day of October in iTef^ore'^oaober'^ 
the year nineteen hundred and two, complete any section ^'i'-*"^- 
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 compliance Avith the pro- 
visions of section eight of said chapter one hundred and 
fifty-one, as amended by chapter two hundred and fifteen 
of the acts of the year eighteen hundred and ninety-seven, 
and by chapter one hundred and eighty-one of the acts of 
the year eighteen hundred and ninety-nine. 

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

Approved February 20, 1902. 



Chap. 96 



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- Appropriatione. 
propriated, to be paid out of the treasury of the Com- 
mouAvealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-tirst day of 
December, nineteen hundred and tAvo, to Avit ; — 



66 



Acts, 1902. — Chaps. 97, 98. 



MasBachusettB 
reformatory. 



Instructors, 
teachers, etc. 



Expenses. 



For the salaries of officers at the Massachusetts reform- 
atory, a sum not exceeding eightj-one thousand five hun- 
dred dollars. 

For the salaries and wages of instructors, teachers and 
other employees at the Massachusetts reformatory, a sum 
not exceeding twenty-four thousand nine hundred dol- 
lars. 

For other current expenses at the Massachusetts reform- 
atory, a sum not exceeding one hundred and nine thousand 
seven hundred dollars. 

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

Approved February 20^ 1902. 



Chap, 97 



Appropriations. 



State board of 
health, secre- 
tary. 

Expenses. 



Inspection of 
railli, food and 
drugs. 



Examination of 
sewer outlets. 



An Act making appropriations for salaries and expenses in 
the office of the state board of health. 

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 two, 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, in- 
cluding all necessary travelling expenses, a sum not ex- 
ceeding 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. 

For expenses in connection with the examination of 
sewer outlets, a sum not exceeding twenty-five hundred 
dollars. 

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

Approved February 20, 1902. 



ChClV. 98 ^^ ■^'^'^ MAKING APPROPRIATIONS FOR SUNDRY MISCELLANEOUS EX- 
PENSES AUTHORIZED BY LAAV^ 

Be it enacted, etc., as follotvs : 
Appropriations. gscTiON 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, 1902. — Chap. 98. 67 

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

For the payment of unclaimed moneys in the hands of J^oneyTfn 
receivers of certain insolvent corporations, after the same hands' of re- 

CGivcrs. 

have been deposited in the treasury of the Commonwealth, 
a sum not exceeding five hundred dollars. 

To carry out the provisions of the act relative to the Funds received 
payment from the treasury of the Commonwealth of admliiiBtrators. 
funds received from public administrators, a sum not 
exceeding five hundred dollars. 

For medical examiners' fees, a sum not exceeding five Medical ex- 

1 1 1 1 11 amlnerB' fees. 

hundred dollars. 

For expenses incurred in the construction and repair Congtruction, 
of roads in the town of Mashpee during the year nineteen Mashpee. 
hundred and one, the sum of three hundred dollars. 

For assistance to the town of Truro in maintaining a Beach roiut 
section of its county highway known as Beach Point 
road, a sum not exceeding five hundred dollars. 

For the city of Waltham, for the annual assessment due city of 
from the Commonwealth toward maintaining and operat- ^™' 

ing a system of sewage disposal at the Massachusetts 
School for the Feeble-minded, the sum of eight hundred 
twenty dollars and eighty-nine cents, as provided for in 
section three of chapter eighty-three of the acts of the 
year eighteen hundred and ninety-three. 

For the support of Sarah J. Robinson, a prisoner in the sarahJ. 
jail at Lowell, a sum not exceeding four hundred dollars. 

For small items of expenditure for which no appro- smaii itemB of 

• ,. 1 1 1 T jy • ^ • ^ expenditure. 

priations have been made, and tor cases in which ap- 
propriations have been exhausted or have 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 
trustees of the Lyman and industrial schools, a sum not uSwtrtal'^ 
exceeding one thousand dollars. schools. 

For expenses of the state board of bar examiners, a sum state board of 

2. J* /^i^i- 1 1 1 1 n bar examiners. 

not exceeding niteen hundred dollars. 

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

Approved February 20^ 1902. 



68 Acts, 1902. — Chaps. 99, 100, 101. 



Chcip. 99 -^N Act to authorize the taking of land of the common- 
wealth AT THE STATE FARM IN THE TOWN OF BRIDGEWATER 
FOR A HIGHWAY. 

Be it enacted, etc., as follows : 

Bridgeware^" SECTION 1. The county coiiiniis.sioner.s of the county 
fS?^a h1ghw*a"y. ^f Pljiiiouth iiiay take such land of the Commonwealth 
occupied as the state fiirm in the town of Bridgewater 
as may be necessary for widening and straightening the 
highwa}^ known as Titicut street, from C^onant street to 
the Taunton river, as shown on a i)lan made under the 
direction of said commissioners by Harrison L. House, 
their engineer, and on tile in their office. 

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

Approved February 20, 1902. 

Chcin.liOO -^N -^CT TO AUTHORIZE THE TOWN OF STONEHAM TO APPROPRIATE 
MONEY FOR A RECEPTION AND CELEBRATION. 

Be it eyiacted, etc., as folloivs : 
LTmaya'ppro- SECTION 1. Tlic town of Stoncliam is hereby autlior- 
fJr'^a'recepMon ^^^^ ^^ ralsc by taxatiou and to appropriate, a sum not 
and celebration, exceeding tlircc hundred dollars, for a reception to those 
veterans of the civil war who Avere members of the sixth 
Massachusetts regiment in the year eighteen hundred and 
sixty-one, and for a celebration of the forty-first anniver- 
sary of the passage of that regiment through the city of 
Baltimore. 

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

Approved February 20, 1902. 



(JJiajyJVOX ^ ^^^ ^^ ^^^ '^"^ TIME WHEN PROPERTY SHALL BE DEEMED TO 
BE TAKEN FOR THE METROPOLITAN SEWERAGE WORKS. 

Be it enacted, etc., as follows : 

pro'^ertv'tobi Section 1. Thc metropolitan water and sewerage 
recordeJi, etc. board, in Order hereafter to take any property by right 
of eminent domain for the metropolitan sewerage works, 
shall sign and cause to be recorded in the registry of 
deeds for the county and district in which the property 
to be taken is situated, a statement containing a descrip- 
tion thereof, as certain as is required in a common con- 
veyance of land, and stating that the same is taken for thc 
metropolitan sewerage works ; and upon such recording 



Acts, 1902.— Chaps. 102, 103. 69 

the rights, easements and other property described in 
such statement shall be taken for the Commonwealth for 
the purposes of the metropolitan sewerage works. Said 
board, after it has so taken any property under the right 
of eminent domain, shall notify the owner thereof, and 
upon his request, within three years after such taking, 
shall, within thirty days after such request, furnish him 
with a description in writing of the land or other prop- 
erty so taken from him. 

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

Approved February 24, 1902. 



Chap.102 



debt. 



An Act to authorize the town of hudson to refund a part 
of its debt. 

Be it enacted, etc., as follows : 

Section 1. The town of Hudson is authorized to bor- Town of Hud- 
row, for a term not exceeding ten years, a sum not ex- Tpart o^f ittf""'^ 
ceeding twenty-five thousand dollars, for the purpose of 
paying the balance of a note for forty thousand dollars, 
which becomes due on the twelfth day of April in the 
year nineteen hundred and two. For the sum borrowed 
under this act the town shall give a note which shall 
provide for such annual proportionate payments of the 
principal thereof as will extinguish the same at maturity. 

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

Approved February 24, 1902. 



Clicq^lO^ 



An Act making appropriations for sundry agricultural ex- 
penses. 

Be it enacted, etc., as foUotcs : 

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 two, to wit : — 

For the salary of the secretary of the state board of Board of agri- 

' . /IT '^ 1 1 • culture, secre- 

agriculture and executive oincer of the state dairy bureau, tary.etc. 
three thousand dollars. 

For the salary of the first clerk of the secretary of the First cierk. 
state board of aoriculture, eio'hteen hundred dollars. 

For the salary of the second ch^rk of the secretary of secondcierk. 
the state board of agriculture, fourteen hundred dollars. 



70 



Acts, 1902. — Chap. 104. 



Clerical aselst- 
ance. 



Travelling 

expeuBeB, etc. 



locldental 
expenees, etc. 



Expenees of 
secretarj'. 



Farmers' 
institutes. 



Bounties. 



Agent of dairy 
bureau. 



Experts, chem- 
ists, etc. 



For other clerical assistance in the ofl5ce of the secre- 
tary of the state board of agriculture, and for lectures 
before the board at its annual meeting and at 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 ex- 
ceeding 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 ex- 
ceeding nineteen thousand dollars. 

For the salary of the general agent of the dairy bureau, 
twelve hundred dollars. 

For assistants, experts, chemists, agents, and for other 
necessary expenses of the state dairy l^ireau, a sum not 
exceeding seven thousand dollars. 

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

Approved Febmary 24, 1902. 



Care, etc., of 
certain boule- 
vards, etc. 



Ch(ip.li04: An Act making an appropriation for the cake and main- 
tenance OF BOULEVARDS AND PARKWAYS IN CHARGE OF THE 
metropolitan park COMMISSION. 

Be it enacted, etc., cts foUotvs : 

Section 1. A sum not exceeding eighty thousand 
three hundred and thirteen dollars is hereby appropri- 
ated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the care and maintenance 
of boulevards and parkways in charge of the metropolitan 
park commission, during the year ending on the thirty- 
first day of December, nineteen hundred and two. 

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

Ax>2yroved February 24, 1902. 



Acts, 1902. — Chaps. 105, 106. 71 



An Act kelative to the fire department of the city of (JJinn 105 

QUINCY. 

Be it enacted, etc., asfoHoivs: 

Section 1 . Section twenty-two of chapter three hiin- isss, 347, § 22, 
dred and forty-seven of the acts of the year eighteen *™'^" ^ 
hundred and eighty-eight is hereby amended by striking 
out the words " one assistant engineer from each Avard ", 
in the third line, — so as to read as follows: — ^Section viiedepart- 
22. The city council may establish a fire department for '"''" ° "^"''^' 
said city, to consist of a chief engineer and such other 
officers and men as it may prescribe ; and it may make 
regulations for the government of the department. 

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

Approved February 24, 1902. 



An Act relative to life insurance. Ohaii 106 

Be it enacted, etc., as follows : 

Section 1. Section fifteen of chapter one hundred and ^^p^jj\^^' ^ ^^' 
eighteen of the Revised Laws is hereby amended by in- 
serting after the word "policies", in the second line, 
the words : — of a domestic company, — so as to read as 
follows: — Section 15. He shall collect and pay into insurance com- 
the treasury charges and fees as follows : for valuation "uect°etc!° 
of life policies of a domestic company, two and one half and'fees!*'"^^'^* 
mills for each thousand dollars of insurance ; for each ex- 
amination of a domestic company's (|ualification to transact 
business, thirty dollars ; for tiling copy of charter or deed 
of settlement of each foreign company, thirty dollars, and 
for filing statement with application for admission and for 
each annual statement, twenty dollars ; fdr each license to 
procure fire insurance in unauthorized foreign companies, 
twenty dollars annuall}^ ; for each license to an insurance 
broker, ten dollars ; for each license or renewal thereof 
to an insurance agent, two dollars ; for each certificate of 
the valuation of the policies of any life insurance com- 
pany and for each certificate of the examination, condition 
or qualification of an insurance company, two dollars ; for 
each service of lawful process upon him as attorney, two 
dollars ; for each copy of any paper on file in his office, 
twelve cents a page and one dollar for certifying the 
same ; and all other fees and charges due and payable 



72 



Acts, 1902. — Chaps. 107, 108. 



into the treasury for any official act or service of the 
commissioner. 

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

Ajyj^roved February 24, 1902. 



Preservation of 
harbors, etc. 



ChapA07 An Act making an appkopriation for surveys, improvements 

AND PRESERVATION OP HARBORS, AND FOR REPAIRING DAMAGES 
OCCASIONED BY STORMS ALONG THE COAST LINE AND RIVER BANKS. 

Be it enacted, etc., as follows : 

Section 1. Tlie sum of ten thousand dollars is hereljy 
appropriated, to be paid out of the treasury of the Com- 
monwealth, for surveys of harbors, and for })reserving and 
improving tlie same, and for repairing damages occasioned 
by storms along the coast line or river banks of the Com- 
monwealth, during the year ending on the thirty-first day 
of December, nineteen hundred and two. 

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

Ajyproved February 25, 1902. 



R. L. 32, § 71, 
amended. 



Allowance to 
Massachusetts 
State Firemen'] 
AsBocJation. 



Chcin.lOS A^ -'^CT TO INCREASE THE ANNUAL PAYMENT BY THE STATE TO 
THE MASSACHUSETTS STATE FIREMEN'S ASSOCIATION. 

Be it enacted, etc. , as follotos : 

Section 1. Section seventy-one of chapter thirty- 
two of the Revised Laws is hereby amended by strik- 
ing out the word "ten", in the first line, and inserting 
in place thereof the Avord : — twelve, — so as to read as 
follows : — Section 71. The sum of twelve thousand 
dollars shall annually, before the first day of July, be 
paid by tlie treasurer and receiver general to the treas- 
urer of the Massachusetts State Firemen's Association out 
of the money received from taxes on fire insurance com- 
panies doing Imsiness in this Commonwealth, and it shall 
be known as the Firemen's Relief Fund of Massachusetts. 

Section 2. Section seventy-two of said chapter is 
hereby amended b}^ striking out the word "ten", in the 
second line, and inserting in place thereof the word: — 
twelve, — so as to read as follows: — Section 72. The 
treasurer of said association shall give a bond in the sum 
of twelve thousand dollars with sureties appro\ed by the 
treasurer and receiver general conditioned for the faithful 
performance of his duties. 

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

Approved February 25, 1902. 



R. L. 32, § 72, 
amended. 



Treasurer to 
give bond. 



Acts, 1902. — Chaps. 109, 110, 111, 112. 73 



An Act to establish old home week and to authorize its rjl^n^j \0^ 

OBSERVANCE BY CITIES AND TOWNS. 

Be it enacted, etc., as foUoios : . 

vSection 1. The calendar week beginninw wdth the last oidHomeWeek 

. •Ill- 1 r\^ ^ established. 

bunday of July in each year is hereby designated as Old 
Home Week, and is set apart as a season during which 
cities and toAvns may conduct appropriate celebrations in 
honor of returning sons and daughters of the Common- 
wealth and other invited guests, and may hold exercises 
of historical interest. 

Section 2. Cities by their city councils, and towns Appropriations 

,11, ,. .. f l^ for observance. 

at legal town meetings, may appropriate money lor the 
observance of old home week. 

Section 3. This act shall take eft'ect upon its passage. 

Approved February 25, 1902. 



CJicqy.nO 



An Act to transfer the powers and duties of the inspector 
and assayer of liquors to the state board of health. 

Be it enacted, etc., as follows : 

Section 1. The office of inspector and assay er of ^fand°Uaavlr' 
liquors is hereby abolished. °b''rT'd 

Section 2. The powers and duties heretofore conferred powers and 
and imposed on the inspector and assayer of liquors are feared toTtete 
hereby conferred and imposed on the state board of health, board of health. 

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

Ap)p)roved February 25, 1902. 

An Act to repeal the law requiring assessors to specify ni^^.r,^ ill 

THE AMOUNT OF CERTAIN CLASSES OF PERSONAL PROPERTY. ^ 

Be it enacted, etc., as folloics : 

Section 1. Section forty-nine of chapter twelve of ^gpeaild.^ ^'^' 
the Revised Laws is hereby repealed. 

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

Aj)proved February 25, 1902. 

An Act relative to the taxation of mortgaged real estate. /^7,a/>j 119 

Be it enacted, etc., as follotvs : 

Section 1. Section seventeen of chapter twelve of the r.l. 12, § 17, 
Revised Laws is hereby amended by adding at the end ""*®°'*®^- 
thereof the words: — Whenever, in any case of niort- 



74 Acts, 1902. — Chap. 113. 

gaged real estate, a statement is not brought in as herein 
provided, no tax on such real estate for the year then 
current shall be invalidated for the reason that a mort- 
gagee's interest therein has not been assessed to him, — 
Taxation of SO as to read as follow^s : — Section 1 7. If the holder of 
^tatfr^'^'^ ^^^^ such mortgage fails to file in the assessors' office a state- 
ment under oath of all his estate liable to taxation under 
the preceding section, including a statement of the full 
amount remaining unpaid upon such mortgage and of his 
interest therein, the amount stated in the mortgage shall 
be conclusive as to the extent of such interest ; but his 
interest in such real estate shall not be assessed at a 
greater sum than the fair cash valuation of the land and 
the structures thereon or affixed thereto ; and the amount 
of a mortgage interest in an estate which has been divided 
after the creation of such mortgage need not be appor- 
tioned upon the several parts of such estate, except as 
provided in sections eighty-eight to ninety inclusive. 
Whenever, in any case of mortgaged real estate, a state- 
ment is not brought in as herein provided, no tax on 
such real estate for the year then current shall be invali- 
dated for the reason that a mortgagee's interest therein 
has not been assessed to him. 

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

Approved February 25, 1902. 

(JJiart.W^ An Act relative to the record of the ownership of real 

ESTATE SUBJECT TO TAXATION. 

Be it enacted, etc., as folloivs : 

fm^nded^^^' Section 1. Scctiou fifteen of chapter twelve of the 
Revised Laws is hereby amended by inserting after the 
word "record", in the fourth line, the words: — in 
the records of the county, or of the district, if such 
county is divided into districts, in which the estate lies, 
Ownership of — SO as to I'cad as follows : — Section 15. Taxes on real 
lect to*?axation, cstatc shall be assessed, in the city or town in which the 
mined.'^*^'^' estatc lies, to the person Avho is either the owner or in 
possession thereof on the first day of May, and the per- 
son appearing of record, in the records of the count}^ or 
of the district, if such county is divided into districts, 
in which the estate lies, as owner on the first day of 
May, even thougli deceased, shall ]ie held to be the true 
owner thereof. Except as provided in the three fol- 



Acts, 1902. — Chaps. 114, 115. 75 

lowing sections, mortgagors of real estate shall for the 
purpose of taxation be deemed the owners until the mort- 
gagee takes possession, after which the mortgagee shall 
be deemed the owner. 

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

A2y2iroved February 25, 1902. 

An Act relative to the connecting of the east boston tunnel, QJ^q^^ li\4: 

THE CAMBRIDGE STREET SUBWAY, AND OTHER SUBWAYS. 

Be it enacted, etc., as follows . 

Section 1. The provisions of chapter five hundred fsg^ygjo^e"^ 
of the acts of the year eighteen hundred and ninety- tended. ' 
seven, relative to the construction of a tunnel to East 
Boston and a subway under Cambridge street, are ex- 
tended so that the East Boston tunnel and the Cambridge 
street subway may, with the consent of the Boston Ele- 
vated Railway Company, be connected with the existing 
subAvay and with each other, and with any other subway, 
on such terms, in such manner and at such points, whether 
at o-rade or otherwise, as the Boston transit commission 
may deem that the public interests require. 

Section 2. The provisions of chapter five hundred ^^^,***°f?awto 
and fortv-eio-ht of the acts of the year eighteen hundred apply to the 

■, T 1 jy 1 , /. Boston transit 

and ninety-four, of chapter nve hundred oi the acts oi commission, 
the year eighteen hundred and ninety-seven, and of the ^'^' 
acts in amendment of or in addition to said acts, shall 
apply to the Boston transit commission and the members 
thereof in the execution of any work authorized by law 
to be done by said commission. 

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

Approved February 25, 1902. 

An Act to establish the standard weight ov a barrel of /^f? „,. -i i r 

SAVEET POTATOES. ^ 

Be it enacted, etc., as folloivs : 

Section three of chapter sixty-two of the Revised Laws r. l. 62, § s, 
is hereby amended by striking out the word " and ", after "•^^'^ded. 
the word "pounds", in the second line, and by adding 
after the word "pounds", in the third line, the words : — 
and the barrel of sweet potatoes one hundred and fifty 
pounds, — so as to read as follows : — Section 3. The weight of 
barrel of flour, measured by weight, shall contain one ^a"^' "f ao""". 



76 



Acts, 1902. — Chap. IIG. 



hundred and ninety-six pounds, the barrel of potatoes 
one hundred and seventy-two pounds, and tlie barrel of 
sweet potatoes one hundred and fifty pounds. 

Approved February 25, 1902. 



Board of cattle 
comraissionerB 
abolished. 

Cattle bureau 
of state board of 
agriculture 
created. 

Chief of the 
cattle bureau, 
appoiutmeut, 
powers and 
duties. 



Proviso. 



CluiJ) 11(3 ^^ ^^^ ^^ ABOLISH THE BOAKD OF CATTLE COMMISSIONERS AND 
TO CREATE A CATTLE BUREAU OF THE STATE BOARD OF A<iRI- 
CULTURE. 

Be it enacted, etc. , as foUoivs : 

Section 1 . The board of cattle commissioners is hereby 
abolished. 

Section 2. A bureau of the state board of aoTiculture 
is hereby created, to be known as the cattle bureau of the 
state board of agriculture. 

Section 3. The governor shall annually appoint a 
chief of the cattle bureau of the state board of agricul- 
ture, who shall have the powers and perform the duties 
heretofore conferred and imposed upon the board of cattle 
commissioners : jywvided, that no orders or regulations 
made by him under authorit}^ of sections four and seven 
of chapter ninety of the Revised Laws shall take efl'ect 
until approved by the governor and council. His ap- 
pointment shall be confirmed by the executive council. 
He shall make a written report on or before the tenth 
days of January and July in each year to the state board 
of agriculture, and the board shall include an abstract 
of his reports in its annual report to the general court. 
He shall receive an annual salary of eighteen hundred 
dollars and the amount of his necessary expenses, and 
may appoint a clerk at a salary of twelve hundred dol- 
lars a year. 

Section 4. Section one of chapter eighty-nine of 
the Revised Laws is hereby amended by inserting after 
the word "agriculture", in the third line, the words: 
— the chief of the cattle bureau of the state board of 
agriculture, — so as to read as follows : — Section 1. The 
governor and lieutenant governor, ex officiis, the secre- 
tary .of the Commonwealth, the j)resident of the agri- 
cultural college, the secretary of the state board of 
agriculture, the chief of the cattle bureau of the state 
board of agriculture, one })erson appointed from and by 
the Massachusetts society for promoting agriculture, one 
person appointed from and by each agricultural society 



R. L. 89, § 1, 
amended. 



State board Of 
agriculture, how 
constituted. 



Acts, 1902. — Chaps. 117, 118. 77 

which receives an annual bounty from the Commonwealth, 
and three other persons appointed by the governor, with 
the advice and consent of the council, shall constitute the 
state board of agriculture. 

Section 5. So nuich of section three of this act as when to take 
authorizes the appointment of said chief of the cattle 
bureau shall take effect thirty dB.ys after the passage of 
this act, and the remainder of the act shall take effect as 
soon as the said chief has been appointed and qualified. 

Approved February 25, 1902. 

An Act in addition to an act making appropriations for de- nhfiY) 117 

FICIENCIES IN APPROPRIATIONS FOR CERTAIN EXPENSES AUTHOR- 
IZED IN THE YEAR NINETEEN HUNDRED AND ONE. 

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 expenses in 
excess of the a})propriations therefor in the year nineteen 
hundred and one, to wit : — 

For the compensation of officers and men of the vol- Miiuiacompen- 
unteer militia, the sum of seven thousand nuie hundred 
ninety-six dollars and sixty-four cents. 

For expenses in connection with the state armories, the state armories. 
sum of three thousand six hundred thirty-four dollars and 
twelve cents. 

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

Approved February 25, 1902. 

An Act making appropriations for salaries and expenses at fiUf^^-. 11^ 

THE REFORMATORY PRISON FOR WOMEN. ^ 

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 two, 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 for Expenses. 
women, a sum not exceeding thirty-two thousand dollars. 



78 



Acts, 1902. — Chaps. 119, 120, 121. 



Sewage die- 
poeal. 



For the town of Framingham, toward the annual ex- 
pense of maintaining and operating the .system of sewage 
disposal at the reformatory prison for women, the sum of 
six hundred dollars. 

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

Apjiroved February 25, 1902. 



Chap.11^9 An Act to authorize the town of essex to keconstruct the 

BRIDGE OVER ESSEX RIVER IN THE VILLAGE OF ESSEX. 



Bridge over 
EsBBX river in 
Essex may be 
recoDBtructed. 



Be it enacted, etc. , as folloivs : 

Section 1 . The town of Essex is hereby authorized 
to reconstruct the bridge over Essex river in the village 
of Essex, without a draw therein, and of such dimensions 
and in such manner as the selectmen may deem public 
necessity and convenience to require, subject to the pro- 
visions of chapter ninety-six of the Revised Laws. 

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

Approved February 25, 1902. 



ChctpA2iO ^ ^^"^ RELATIVE TO PRIVATE CONTRIBUTIONS FOR THE LOWELL 

TEXTILE SCHOOL. 



Private contri- 
butions for the 
Lowell Textile 
School. 



Be it enacted, etc., as folloivs : 

Section 1. The limitation of three hundred thousand 
dollars in value of real and personal property which the 
trustees of the Lowell Textile School are authorized to 
hold under section one of chapter four hundred and 
seventy-five of the acts of the year eighteen hundred and 
ninety-five shall not apply to contributions for that school 
from private sources. 

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

Approved February 25, 1902. 



CJiap.121 ^^ ^^"^ ^^ FURTHER ADDITION TO AN ACT MAiaNG APPROPRIA- 
TIONS FOR DEFICIENCIES IN APPROPRIATIONS FOR CERTAIN EX- 
PENSES AUTHORIZED IN THE YEAR NINETEEN HUNDRED AND ONE. 

Be it enacted, etc., as folloivs : 
Appropriations. Section 1. The sums hereinafter mentioned are 
a[)propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for certain expenses 
in excess of the appropriations therefor in the year nine- 
teen hundred and one, to wit : — 



Acts, 1902. — Chap. 122. 79 

For the education of deaf pupils of the Commonwealth Education of 
in the schools designated by law, the sum of seven thou- *** p"p*i«- 
sand nine hundred nine dollars and fifty-five cents. 

For current expenses at the state farm, the sum of three state farm. 
thousand tAvo hundred fifty-four dollars and eighteen 
cents. 

For contingent expenses in the office of the chief of ^f^jgt^fct^*^* 
the district police, the sum of one hundred twenty-five police, ex- 
dollars and ninety-nine cents. 

For travelling expenses of the trustees of the Massa- Tnieteesof 
chusetts Agricultural College, the sum of one hundred AgSurar 
fifty-six dollars and thirty-four cents. oouege. 

For expenses of the railroad inspectors, the sum of one Railroad in. 
hundred dollars and forty-eight cents. penfe°"'^^' 

For expenses in connection with boarding out younger Boarding out 
girls from the state industrial school for girls, the sum fr°o"m^gtat?in. 
of ninety-eight dollars and forty-one cents. dustriai school. 

For the support of state paupers at the Massachusetts Massachusetts 
School for the Feeble-minded, the sum of eight hundred FeeWeminded. 
eighteen dollars and seventy-three cents. 

For expenses in preventing the adulteration of food fJuItMatlon of 
and druo^s, the sum of one hundred seven dollars and food and drugs, 

. . ... , expenses. 

Sixty-eight cents. 

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

Ax)proved February 25, 1902. 

An Act to authorize the town of HAjnLTON to supply itself f^hfjy. 199 

AND ITS INHABITANTS AVITH WATER. ^ ' 

Be it enacted, etc., as folloios : 

Section 1. The town of Hamilton may supply itself '^°^^^^^^'^l^- 
and its inhabitants with water for the extinguishment of itscifwith 

/. ^ n ^ .• f j^ • 1 ii water, etc. 

hres and tor domestic, manuiacturing and other purposes ; 
may establish fountains and hydrants and relocate or dis- 
continue the same ; and may regulate the use of such water 
and fix and collect rates to be paid for the use of the 
same. 

Section 2. Said town, for the purposes aforesaid, J^jY^'^^e^g"' 
may take, by purchase or otherwise, and hold the waters lands, etc. ' 
of any streams, ponds or springs, wholly within the limits 
of said town, and the water rights connected thercAvith, 
within said limits, and may take from the Chebacco lakes 
in the toAvns of Essex and Hamilton so much of the waters 
thereof as it may desire, and may also obtain and take 



80 



Acts, 1902. 



Chap. 122. 



Proviso. 



May erect 
structures, lay 
pipes, etc. 



Title to land to 
vest in town, 
etc. 



Description of 
lands, etc., to 
be recorded. 



water by means of bored, drhen, artesian or other wells, 
on any land within said town of Hamilton : j))vvided^ that 
no source of water supply shall be taken under this act 
for domestic purposes without the recommendation and 
advice of the state board of health. Said town of Hamil- 
ton may hold and convey said water through said town, 
and may take and hold, by purchase or otherwise, all 
lands, rights of way and easements, within said towns of 
Hamilton and Essex, necessary for holding, storing, puri- 
fying and preserving such water and for convejdng the 
same to any part of said town of Hamilton ; and may 
erect on the lands thus taken, purchased or held, i)roper 
dams, reservoirs, buildings, fixtures and other structures, 
and may make excavations, procure and operate machin- 
ery, and provide such other means and api)liances as may 
be necessary for the establishment and maintenance of 
complete and effective water works ; and may construct 
and lay conduits, pipes and other works, under or over 
any lands, water courses, railroads or public or private 
ways, and along any such way in such manner as not un- 
necessarily to obstruct the same ; and for the purpose of 
constructing, maintaining and repairing such conduits, 
pipes and other works, and for all proper purposes of 
this act, said town may dig up any such lands, and may 
enter upon and dig up any such ways in such manner 
as to cause the least hindrance to public travel thereon. 
The title to all land taken or purchased under the provi- 
sions of this act shall vest in said town, and the land so 
taken may be managed, improved and controlled by the 
board of water commissioners hereinafter provided for, in 
such manner as they shall deem for the best interests of 
said town. Said town shall not enter upon, construct or 
lay any conduits, pipes or other works, within the loca- 
tion of any railroad corporation, except at such time and 
in such manner as it may agree upon Avith such corpora- 
tion, or, in case of failure so to agree, as may be approved 
by the board of railroad commissioners. 

Section 8. Said town shall, within ninety daj's after 
the taking of any lands, rights of way, water rights, water 
sources or casements as aforesaid, otherwise than by pur- 
chase, file and cause to be recorded in the registry of 
deeds for the soutliern district of the county of Essex a 
description thereof sufticientl}^ accurate for identification, 
Avith a statement of the purpose for Avhich the same Avere 



Acts, 1902. — Chap. 122. 81 

taken, signed by the water commissioners hereinafter pro- 
vided for. 

Section 4. Said town shall pay all damages to prop- Damages. 
erty sustained by any person or corporation by the taking 
of any lands, right of way, water, water sources, Avater 
rights or easement, or by any other thing done by said 
town under the authority of this act. Any person or 
corporation sustaining damages as aforesaid under this 
act, who fails to agree with said town as to the amount 
of damages sustained, may have the damages assessed 
and determined in the manner provided by law when 
land is taken for the laying out of highways, on making 
application at any time within the 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 expira- 
tion of said two years. No application for the assess- 
ment of damages shall be made for the taking of any 
water, water right or for any injury thereto until the 
water is actuall}^ withdrawn or diverted by said town 
under the authority of this act. 

Section 5. In every case of a petition to the superior Town may 

. /. "i /» 1 j_i • 1 i tender any sum 

court tor an assessment ot damages the said town may for damages, 

tender to the petitioner or his attorney any sum or may ^^^' 

bring the same into court to be paid to the petitioner for 

the damages by him sustained or claimed in his petition, 

or may in writing oft'er to be defaulted and that damages 

may be awarded against it for the sum therein expressed, 

and if the petitioner does not accept such sum, with his 

costs up to that time, but proceeds in his suit, and does 

not recover greater damages than were so offered or ten- 

dered, not including interest on the sum recovered in 

damages from the date of such offer or tender, the town 

shall have judgment for its costs after said date, for which 

execution shall issue ; and the petitioner, if he recovers 

damages, shall be allowed his costs only to the date of 

such offer or tender. 

Section (3. Said town may, for the purpose of paying TownofHamii- 

.1 1 !• 1 'I'i' • 1 1 " ii ton Water Loan. 

the necessary expenses and liabilities incurred under the 
provisions of this act, issue from time to time lionds, 
notes or scrip to an amount not exceeding in the aggre- 
gate one hundred thousand dollars. Such bonds, notes 
or scrip shall bear on their face the words. Town of 
Hamilton AVater Loan, and shall be payable at the ex- 



82 Acts, 11)02. — Chap. 122. 

piration of periods not exceeding tliirty years from the 
date of issue, shall bear interest payable semi-annually, 
at a rate not exceeding four per cent i)er annum, and 
shall be signed by the treasurer of the town and counter- 
signed by the water commissioners hereinafter provided 
for. Said town may sell such securities at public or pri- 
vate sale, or pledge the same for money l)orrowed for the 
purpose of this act, and upon such terms and conditions 
Proviso. as it may deem proper : provided^ that such securities 

Sinking fund, sliall uot be soM for less thauthe par value thereof. Said 
town shall provide at the time of contracting said loan 
for the establishment of a sinking fund, and shall an- 
nually contribute to such fund a sum sufficient with the 
accumulations thereof to pay the principal of such loan 
at maturity. Said sinking fund shall remain inviolate 
and pledged to the payment of said loan and shall be 
used for no other purpose. 
funiriTS'^"' Section 7. Said town instead of establishing a sink- 
ments on loan. j,jg fm^^j y^^^y ^^ ^j^g ^jjj^g ^f authorizing said loan pro- 
vide 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 said town in each 
year thereafter until the debt incurred by said loan shall 
be extinguished, in the same manner as other taxes are 
assessed under the provisions of section thirty-seven of 
chapter twelve of the Ke vised Laws, 
wruin^sum bV SECTION 8. Said towu shall raise annually by taxation 
annu^iii" ^ ^^^^^ whicli witli tlic incoiiie derived from water rates 

will be sufficient to pay the current annual expenses of 
operating its water works and the interest as it accrues 
on the notes, bonds and scrip issued as aforesaid by said 
town, and such contributions to the sinking fund and 
payments on the principal as may be required under the 
provisions of this act. 
comiption'^of SECTION 9. Whocvcr uscs any Avater taken under this 

waters, etc. j^^t witliout thc couscut of Said towu, Or wilfully or wan- 
tonly corrupts, pollutes or diverts any of the w^aters taken 
or held by said town pursuant to the provisions of this 
act, or destroys or injures any structure, work or other 
property owned, held or used by said town under the 
authority and for the i)uri)oses of this act, shall forfeit 
and pay to said town three times the amount of damages 



Acts, 1902. — Chap. 122. 83 

assessed therefor, to be recovered in an action of tort ; and 
upon conviction of any of the above wilful or wanton acts 
shall be punished by a fine not exceeding three hundred 
dollars or by imprisonment not exceeding one year. 

Section 10. The occupant of any tenement shall be Liability for 
liable for the payment of the rent for the use of water in Fo/use'of wate". 
such tenement, and the owner shall also be liable in case 
of non-payment by the occupant, for all sums due for the 
use of water under this act, to be collected in an action 
of contract in the name of the town of Hamilton. 

Section 11. Said town shall after the acceptance water commis. 
of this act, at a legal meeting called for the purpose uonftermsT 
elect by ballot three persons to hold oiEce, one until the ^^'^' 
expiration of three years, one until the expiration of two 
years and one until the ex})iration of one year from the 
next succeeding annual town meeting, to constitute a 
board of water commissioners, and at each annual town 
meeting thereafter one such commissioner shall be elected 
by ballot for a term of three years. All the authority 
granted to the town by this act and not otherwise spe- 
cially provided for shall be vested in said board of water 
commissioners, who shall be subject however to such in- 
structions, rules and regulations as said town may impose 
by its vote. The said commissioners shall be trustees 
of the sinking fund herein provided for and a majority 
of said connnissioners shall constitute a quorum for the 
transaction of business relative both to the water works 
and to the sinking fund. Any vacancy occurring in Vacancy, 
said board from any cause may be filled for the unex- 
pired term by said town at any legal meeting held for 
the purpose. 

Section 12. Said commissioners shall fix such prices Payment of 
or rents for the use of water as shall produce annually °*°'^*'' 
as near as may be a net surplus over operating expenses 
and interest charges equal to two per cent of the total 
amount of the bonds, notes or scrip issued under this act, 
after paying all current expenses of operating the Avater 
works and interest upon loans, and after payment of all 
expenses for new construction, not exceeding two thousand 
dollars in any one year after the original construction. 
The sinking fund shall be set apart for the payment and 
redemption 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 



84 Acts, 1902. — Chap. 123. 

shall bo paid into tho 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 taxa- 
tion a sum which with the surplus will equal said two per 
cent, and shall contribute said sum to the sinking fund. 
fo°™"der'ar" ^^^^^ coiumissioncrs shall annually, and as often as the 
do^n^sin rei-r''^ towu uuiy rcquirc, render an account of their doings in 
tion to the eink- relation to the sinkino- fund, and shall be o-overned by 

Ing fund etc. o 7 o ./ 

the provisions of section fifteen of chapter twenty-seven 

of the Kevised Laws, except as herein otherwise provided. 

Giouce°tcr"nd* Section 13. Nothing in this act shall be construed 

certaiii towns ^o prcvcut tlic towus of Esscx and Wenham and the city 

not affected. r^i n i • i i • i 

01 (jrloucester irom supplying themselves with water 
from the Chebacco lakes for the extinofuishment of fires 
and for domestic and other purposes, or to prevent the 
town of Manchester from so supplying itself from Gravel 
pond, so-called. 
When to take SECTION 14. This act shall take full effect upon its 
acceptance by a majority of the legal voters of the town 
of Hamilton present and voting thereon at a legal town 
meeting 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 
being submitted to the voters as aforesaid this act shall 
take effect upon its passage. 

Approved February 26, 1902.. 



Chap.123 



An Act to authokize the county commissioners of the county 
of berkshire to pay a sum of money to the widow of 
james bird. 

Be it enacted, etc., as follows : 

County of Berk- SECTION 1. The county commissioncrs of the count}^ 
eum'^oTmoney * of Bcrksliirc arc hereby authorized to pa}^ to the widow 
j'ame8°Bird of Jaiiics Bird latc clerk of the district court of southern 
Berkshire, who died on the seventeenth da}^ of ^lay in 
the year nineteen hundred and one, the sum of four hun- 
dred thirty-three dollars and sixty cents, being the 
amount which he would have been entitled to receive if 
he had lived and continued to serve as such clerk until 
the end of the said year. 

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

Approved February 26, 1902. 



Acts, 1902. — Chaps. 124, 125, 126. 85 



An Act to extend the time within which the town of med- (JJiff'j^ \2i4: 

WAY MAY BEGIN WORK ON ITS WATER SYSTEM. 

Be it enacted, etc., as folloios : 

Section ten of chapter two hundred and five of the acts 1899, 205, § 10, 
of the year eighteen hundred and ninety-nine is hereby "™^° 
amended by striking out the word " three ", in the fifth 
line, and inserting in place thereof the word : — five, — 
so as to read as follows : — .S'edion 10. This act shall Time extended. 
take effect upon its passage, but shall become void unless 
said town shall by a two thirds vote of the voters present 
and voting thereon at a legal meeting called for the pur- 
pose accept this act and begin work thereunder within 
five years from the date of its passage. 

Approved Febrtiary 26, 1002. 



An Act to authorize the county of Berkshire to pay a sum 

OF money to MARY A. FULLER. 



0/^^9.125 



Be it enacted, etc., as folio ivs : 

Section 1. The county of Berkshire is hereby author- county of Berk- 
ized to pay to Mary A. Fuller, widow of James W. BumVSney" 
Fuller late a shop officer at the house of correction in j°amLi°w.°^ 
Pittsfield in said county, who died on the twenty-fourth ^^ler. 
day of July in the year nineteen hundred and one from 
injuries received at the hands of a prisoner, or to pay to 
her legal representative, the sum of three hundred and 
twenty-five dollars, being the amount to which he would 
have been entitled had he lived and served as such officer 
until the first day of January in the year nineteen hun- 
dred and two. 

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

Approved February 26, 1902. 

An Act to authorize the county of Norfolk to pay a cer- HTffjq^ 126 

TAIN SUM of money TO THE WIDOW OF JAMES HUMPHREY. ^ ' 

Be it enacted, etc., as follows : 

Section 1 . The county of Norfolk is hereby author- county of Nor- 
ized to pay to the widow of James Humplirey late justice f um ^f^money'^ 
of the district court of east Norfolk, who died on the six- ja^ef"" °^ 
teenth day of July in the year nineteen hundred and one, Humphrey. 
the sum of six hundred seventy-nine dollars and seventeen 
cents, being the amount he would have been entitled to 



86 Acts, 1902. — Chaps. 127, 128. 

receive had he lived until the thirty-first day of December 
in the year nineteen hundred and one. 

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

AjyjJroved February 26, 1902. 

Chap.127 -^N ^CT TO PROHIBIT HOLDING INSECTIVOROUS AND SONG BIRDS IN 

CAPTIVITY. 

Be it enacted., etc. , as folloivs : 

ra^pufrfng%tc., SECTION 1. Whocvcr capturcs or has in possession a 

certuiu birds, ^yj^^^ qj. undomesticatcd bird not named in sections two, 

three, four or five of chapter ninety-two of the Revised 

LaAvs, except English sparrows, crow blackbirds, crows, 

jays, birds of prey, wild geese and fresh water and sea 

fowl not named in said sections, and birds which are not 

found Avild within the Commonwealth of Massachusetts, 

shall be punished by a fine of ten dollars, l)ut this act 

shall not apply to birds held in captivity before this act 

takes eftect. 

beprlma^ade SECTION 2. Posscssiou of the wild or undomesticatcd 

clp'ture%°tc. birds specified in this act shall be prima facie evidence 

that they have been captured and are held in possession 

contrary to law. Approved February 26, 1902. 

Chew 128 ^^ -^^^ RELATIVE TO THE ELECTION OF ALDERMEN IN THE CITY 

OF WORCESTER. 

Be it enacted, etc., as folloivs : 
1894, 475 § 2, Section 1 . Scctlou two of cliaptcr four hundred and 

amended, '^ , ■, -i ■, i 

seventy-hve oi the acts or the year eighteen hundred and 
ninety-four is hereby amended by striking out in the 
eighteenth, nineteenth, twentieth and twenty-first lines, 
the words ' ' at large by and from the qualified voters of 
the entire city, but no voter shall vote for more than six 
of the nine aldermen on one ballot, and the nine having 
the highest number of votes shall be declared elected ", 
and inserting in place thereof the words : — one alderman 
b}'^ and from the f|ualified voters of each ward and one 
alderman by and from the qualified voters of the whole 
city. 
Question of Section 2. This act shall be submitted to the voters of 

&cct^pt&nc6 10 D© . , J TXT" 

submitted to the City 01 vVorcester who shall vote "Yes", or "No", 

VOtCTB etc -t 

' ' upon the question of its acceptance, at the municipal elec- 
tion in December next, and it shall take effect upon its 



Acts, 1902. —Chap. 129. 87 

acceptance by the affirmative votes of a majority of the 
voters voting at said election. The vote shall be taken 
by ballot in answer to the following question : — Shall 
the act to discontinue the present method of electing 
aldermen in the city of Worcester and to provide for the 
election of one alderman from and by each ward and one 
alderman-at-large be accepted? 

Section 3. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed, xipproved February 26, 1902. 

An Act to authorize the town of ashfield to supply itself QJinjj 129 

WITH water. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Ashfield may supply itself J^i^^^^gfu^piy 
and its inhabitants with water for the extinguishment of Jtseif with 

"^ w£itGr etc* 

fires and for domestic and other purposes ; may establish 
fountains and hydrants and relocate or discontinue the 
same ; and may regulate the use of such water and fix 
and collect rates therefor : jjr'ovided, that no source of Proviso. 
Avater supply shall be taken under this act for domestic 
purposes without the advice and approval of the state 
board of health. 

Section 2. Said town, for the purposes aforesaid, may May take cer- 
take, by purchase or otherwise, and hold the waters of land^etc?' 
Taylor brook in said Ashfield and all the waters which 
flow into or from the same, together with any water 
rights connected therewith, and also all lands, rights 
of way and easements necessary for holding and stor- 
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 so acquired, proper May erect 
dams, buildings, fixtures and other structures, and may pipTe^tc!' ''^ 
make excavations, procure and operate machinery, and 
provide such other means and appliances as may be neces- 
sary for the establishment and maintenance of complete 
and effective water works ; and may construct and lay 
conduits, pipes and other works, under and over any 
land, water courses, railroads or public or private ways, 
and along any such ways, in such manner as not unneces- 
sarily to obstruct the same ; and for the purpose of con- 
structing, maintaining and repairing such conduits, pipes 
and other works, and for all proper purposes of this act, 
said town may dig up such lands, and, under the direction 



88 



Acts, 1902. — Chap. 129. 



Description of 
lauds, etc., to 
be recorded. 



Damages. 



Ashfleld Water 
Loan. 



of the selectmen of the town.s in which any such ways are 
situated, may enter upon and dig up such ways in such 
manner as will cause the least hindrance to public travel. 

SE("rioN 3. Said town shall within ninety days after 
the taking of any land,- rights of way, water rights, water 
sources or casements as aforesaid, otherwise than by pur- 
chase, file and cause to be recorded in the registry of 
deeds for the county in which such lands or other property 
are situated, a description thereof sufficiently accurate for 
identification, with a statement of the purposes for Avhich 
the same were taken and the damages awarded therefor 
to any person or corporation, signed by the water com- 
missioners hereinafter provided for. 

Section 4. Said town shall pay all damages to prop- 
erty sustained by any person or corporation by the tak- 
ing of any land, right of way, water, water som'cc, water 
right or easement, or by any other thing done by the 
town under authority of this act. Any corporation or 
person sustaining damages as aforesaid, who fails to agree 
with the town as to the amount of damages sustained, or 
who is aggrieved by the doings of the commissioners 
hereinafter mentioned, may have the damages assessed 
and determined in the manner provided by law when 
land is taken for highways, on application at any time 
within tlu-ee years after the taking of such land or other 
property or the doing of other injury under authority of 
this act ; but no such application shall be made after the 
expiration of said tlu-ee years. No application for assess- 
ment of damages shall be made for the taking of any 
water or water rights, or for any injury thereto, until 
the Avater is actually withdrawn or diverted by the town 
under authority of this act. 

Section 5. Said town may, for the purpose of pay- 
ing the necessary expenses and liabilities incurred under 
the provisions of this act, issue from time to time bonds, 
notes or scrij) to an amount not exceeding ten thousand 
dollars. Such bonds, notes or scrip shall bear on the 
face thereof the words, Ashheld 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 counter- 
signed by the selectmen of the town. The town may 
sell such securities at public or private sale, or pledge 



Acts, 1902. — Chap. 129. 89 

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 siukingfund, 

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 (3. Said town instead of establishing a sinking May provide 
fund may at the time of authorizing said loan provide for mlifts'oirioMf." 
the payment thereof in such annual proportionate pay- 
ments as will extinguish the same within the time pre- 
scribed in this act ; and when such vote has been passed 
the amount required thereby shall without further vote 
be assessed by the assessors of 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-seven of 
chapter twelve of the Revised Laws. 

Section 7. Said town shall raise annually by taxa- Town to raise a 

,• 1*1 "i-i ii • 1 • 1 A- ' i certain sum by 

tion a sum which with the income derived irom Avater taxation 
rates will be sufficient to pay the expenses of operating ^'"'"'''^y- 
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 pay- 
ments on the principal as may be required under the 
provisions of this act. 

Section 8. Said town may contract with any person May purchase 
or corporation, and may purchase any interest in any taiu^property^' 
property which may be deemed necessary to carry out ^^"'' 
the provisions of this act, and may hold such interest 
and property. 

Section 9. Whoever wilfully or wantonly corrupts, Penalty for - 
pollutes or injures any water, structure, works or other wate''r^et°c'! °^ 
property owned, held or used by the town under the 
authority of this act shall forfeit and pay to said town 
three times the amount of damages assessed therefor, to 
be recovered in an action of tort ; and Avhoever is con- 
victed of any of the said wilful or wanton acts shall be 
punished by a fine not exceeding five hundred dollars or 
by imprisonment for a term not exceeding two years, 
or by both such fine aiid imprisonment. 



90 



Acts, 1902. — Chap. 129. 



Water commis- 
niouers, elec- 
tion, terms, etc. 



Vacancy, etc. 



Quorum. 



Contracts, etc. 



When to take 
©fleet. 



Section 10. Said town shall after its acceptance of 
this act, at any legal meeting called for the purpose, elect 
by ballot three persons, legal voters of the town, to be 
a board of water commissioners, to serve, one for tliree 
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 elect at each annual town meet- 
ing one person to serve on said board for the term of tliree 
3^ears. Before entering upon their duties said commis- 
sioners shall be sworn to the faithful performance thereof. 
The commissioners shall serve until their successors are 
elected and qualified. All the authority granted to the 
town by this act and not otherwise specially provided for 
shall be vested in said board of water commissioners, who 
shall be subject however to such instructions, rules and 
regulations as the town may from time to time impose 
by its vote, within the 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 person so appointed shall hold office 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 called for the purpose. A 
majority of the commissioners shall constitute a quorum 
for the transaction of business. 

Section 11. Said commissioners shall have charge 
of the system of Avater works in the town and all matters 
pertaining thereto ; but no contract requiring the payment 
of money shall be made by them until the money there- 
for has been provided by the town or otherwise. The 
lawful contracts of the commissioners shall be the con- 
tracts of the town. 

Section 12. This act shall take effect upon its ac- 
C(!ptance 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 after its passage ; but the number of meetings so 
called in any one year shall not exceed tlu'ee. 

Apj^'i'oved February 27, 1902. 



Acts, 1902. — Chaps. 130, 131. 91 



An Act to authorize the city of Northampton to refund (JJkuj \^0 
certain debts. 

Be it enacted, etc., as follows : 

Section 1. The city of Northampton, for the purpose cityof North- 
of refunding that part of its indebtedness at present ex- ?"unTiMiebt- 
isting as the sewer loan, may issue bonds to an amount as'tbreewer"^ 
not exceeding one hundred and fifty thousand dollars, ^°^^- 
payable not more than twenty years from the dates of 
issue. Such bonds shall be issued in accordance with 
and be deemed to constitute a part of the loan authorized 
by the provisions of chapter three hundred and fifty-four 
of the acts of the year eighteen hundred and eighty-eight 
and acts in amendment thereof and in addition thereto. 
The proceeds shall be used to refund said indebtedness, 
but no purchaser shall be responsible for the application 
thereof. 

Section 2. The city of Northampton, for the purpose May refund in- 
of refunding that part of its indebtedness now existing fg^g'lTthe*'''' 
as the Massachusetts Central Kailroad Bonds, may issue ce^ufr^a'^i^Raf"* 
bonds to an amount not exceeding twenty-five thousand ""oad Bonds. 
dollars, payable not more than ten years from the dates 
of issue. Such bonds shall be issued in accordance with 
and be deemed to constitute a part of the loan authorized 
by the provisions of chapter tMo hundred and sixty of 
the acts of the year eighteen hundred and sixty-nine and 
acts in amendment thereof and in addition thereto. The 
proceeds shall be used to refund said indebtedness, but 
no purchaser shall be responsible for the application 
thereof. 

Section 3. The provisions of chapter twenty-seven r.l. 27to 
of the Revised Laws, so far as they may be applicable "^^^^' 
and except as otherwise provided herein, shall' apply to 
the indebtedness authorized hereby and to the securities 
issued hereunder. 

Section 4. This act shall take efiect upon its passage. 

Approved February 27, 1902. 

An Act to authorize the city of newburyport to supply (JJinry 231 

the inhabitants of the town of NEWBURY WITH WATER. 

Be it enacted, etc., as follows : 

Section 1. The city of Newburyport may supply the city of New. 
inhabitants of the town of Newbury with water for the ex- Buppfy town^of 



92 



Acts, 1902. — Chap. 131. 



Provisos. 



Newbury with tinguishmeiit of fires and for domestic and other purposes, 
waer.ec. ^^^^ ^^^^^ coustruct and lay conduits, pipes and other 
works, under or over any lands, water courses, railroads, 
and public or private ways, and along any such ways 
within the town of Newbury in such manner as not un- 
necessarily to obstruct the same ; and for the purpose of 
constructing, maintaining and repairing such conduits, 
pipes and other works, and for all other proper purposes 
of this act, the city of Newburyport may enter upon, dig 
up, raise and embank any such lands and ways -.provided^ 
however^ that the said city shall not enter upon and dig 
up, raise or embank any public ways in the town of New- 
bury except with the consent of the selectmen of the 
town, and the city of Newburyport shall restore to the 
satisfaction of the selectmen of the town the public ways 
dug up or otherwise disturbed in said town, and shall pay 
all damages sustained by any person in consequence of 
any act or neglect upon the part of the city of Newbury- 
port, its agents or employees, in digging up or otherwise 
disturbing any lands or public or private ways within the 
toAvn of Newbury ; and provided, further, that said city 
shall not enter upon, construct or lay conduits, pipes or 
other works, within the location of any railroad corpora- 
tion, except at such time and in such manner as it may 
agree upon with such corporation, or, in case of failure 
so to agree, as may be approved by the board of railroad 
commissioners. 

Section 2. The city of Newburyport may distribute 
water through the town of Newbury or any part thereof, 
may regulate the use of such Avater and fix and collect 
rates for the use of the same ; and the toAvn of NcAvbury 
or any fire district now or hereafter established therein, 
or any individual or corporation, may make such contract 
Avith the city of Newburyport for the extinguishment of 
fires and for other purposes as may be agreed upon be- 
tween said toAvn, fire district, individual or corporation, 
and the city of Newburyport, and may establish and main- 
tain fountains and hydrants and relocate or discontinue 
the same. 
J^opertTet'c*!'" SECTION 3. The towu of Ncwbury shall have the right 
at any tiii«;, etc, yj^ ^^y ^j^j^g ^^ take, by purchase or otherwise, the prop- 
erty and all the rights and privileges of the city of New- 
buryport Avithin the town of NeAvbury, on payment to 
said city of the actual cost of its Avorks and property 



May distribute 
water through 
Newbury, etc. 



Acts, 1902. — Chaps. 132, 133. 93 

of all kinds held under the provisions of this act. The 
city of Newburyport shall keep a separate account of 
the construction expenses of its plant within the town 
of Newbury, which account shall l^e open to the select- 
men or any committee a})pointed for that purpose by the 
town. In case said town shall vote to purchase said 
property, rights and privileges, and cannot agree Avith 
the city of Newburyport upon the amount of the total 
actual cost thereof, then upon a suit in equity by either 
the city or the town the supreme judicial court shall 
ascertain and fix such total actual cost, in accordance 
with the foregoing provisions, and shall enforce the right 
of the town of Newbury to take possession of said prop- 
erty, rights and privileges, upon the payment of such 
cost to the city of Newburyport. 

Section 4. This act shall take effect upon its passage, wtento take 
but shall become void unless the city of Newbur3^port shall ^^^^^' 
begin to distribute Avater through its pipes to consumers 
in the town of Newbury within three years after the date 
of its passage. Ajyproved Fehruary 27, 1902. 



(7%9.132 



An Act to authorize the sinkes'g fund commissioners op the 
town of south hadley to make a transfer of funds. 

Be it enacted, etc., as folloivs : 

Section 1. The sinking fund commissioners of the The sinking 
town of South Hadley arc hereby authorized to transfer eio'ifers^f'sontii 
from a sinking fund known as the Town Debt Loan Sink- make^aSfer 
ing Fund, to such other existing sinking funds of the off^i^ds. 
town as the town may at an annual or special meeting 
determine, such sum as may be in excess of the amount 
required to liquidate said Town Debt Loan, maturing on 
the fifteenth day of July in the year nineteen hundred 
and two, for the payment of which said sinking fund was 
established. 

Section 2. This act shall take efi'ect upon its passage. 

Approved February 27, 1902. 

An Act to authorize the towns of millis, westwood and /^7,>7>i1Q^ 
norfolk to unite for the employment of a superintend- 

ENT of SCHOOLS. 

Be it enacted, etc., as follows : 

Section 1, The tow^ns of MilHs, Westwood and Nor- certain towns 
folk shall have the same power to unite for the purpose Ihe^empioy" 



94 Acts, 1902. — Chaps. 134, 135. 

mentof BRuper- of the emuloynicnt of a suiierintendent of schools, and 

intendent of , .i, -ii £• xiii. 

schools. the same riglit to receive an allowance ironi the state 

treasury, under the provisions of section forty-three of 
chapter forty-two of the Revised Laws, which they would 
have if said towns contained twenty-five scliools, and 
they shall be subject to the same duties and liabilities 
to which they would be subject if they contained twenty- 
five schools. 

Section 2. This act shall take efl^ect upon its passage. 

Apjjroved February 27, 1902. 

Chap.\34: An Act relative to the police department of the city of 

SPRINGFIELD. 

Be it enacted, etc., as follows : 

e "!*rei!rti'v^To''' SECTION 1 . The powcrs and duties conferred and im- 

*art'^e!i?o'f'^' poscd by cliaptcr ninety-four of the acts of the year 

Springfield to eighteen hundred and fifty-two upon the mayor and 

etcrby'^t^'^city aldemien of the city of Springfield in relation to the 

establishment and maintenance of a police department, 

the appointment of a constable, or a city marshal and 

assistants, and all other police officers, may be exercised 

and performed by the city council, in such manner as it 

may from time to time prescribe, and wholly or in part 

through the agency of any persons acting as a board 

whom it may from time to time designate, and with such 

limitations of power as it may by ordinance determine. 

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

Approved February 27, 1902. 

CA«».135 ■'^^ ^^^ ^^ authorize the city of chicopee to refund a part 

OF its indebtedness. 

Be it enacted, etc., as folloivs : 

raayi«'^^e'°^''^ Section 1. Thc clty of Cliicopce is licrcby autliorizcd 
bondB, notes or ^^ extcud, rcHcw or rcfund a part of its existing indebt- 

Bcrip, etc. ' a •it 

edness, and for that purpose may issue bonds, notes or 
scrip to an amount not exceeding eighty-one thousand 
dollars, payable within a period not exceeding thirty 
years from the date of issue, and bearing interest paya- 
ble semi-annually at a rate not exceeding four per cent 
per annum. Such bonds, notes or scrip may be sold at 
public or private sale, and the proceeds thereof shall be 
used to discharge an equal amount of the present indebt- 



Acts, 1902. — Chap. 136. 95 

edness of the city. The provisions of chapter twentj- r. l. 27to 
seven of the Revised Laws shall, so far as they may be ^^^ ^' 
applicable, appl}'^ to the indebtedness authorized hereby 
and to the securities issued therefor, and the bonds, notes 
or scrip issued under authority of this act shall not exceed 
the limit of municipal indebtedness fixed by law. 

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

Approved February 27, 1902. 

An Act making appkopkiations fok the compensation and njiajj ^36 

EXPENSES OF THE BOARD OF COMMISSIONERS ON 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 ordinaiy revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
December, nineteen hundred and two, to wit : — 

For the compensation of the commissioners on fisheries commisBioners 

dj. J • ir j.1. J • 1 on flBheriee and 

game, a sum not exceeding lour thousand nine hun- game. 

dred and thirty dollars. 

For travelling and other necessary expenses of the said Expenses. 
commissioners, a sum not exceeding fifteen hundred and 
fifty dollars. 

For clerical services in the ofiice of the said commis- clerical 
doners, a sum not exceeding seven hundred and eighty ^®'"^''®*- 
dollars. 

For the enforcement of laws relating to fisheries and ^°^°T.*?„®fl°* 
game and the propagation and distribution of fish, birds tion of fish, etc. 
and other animals, and for running expenses, rent, pur- 
chase of land and maintenance of hatcheries, a sum not ex- 
ceeding; sixteen thousand seven hundred and five dollars. 

For stocking great ponds with food fish, a sum not stocking great 

^ o G i- ' ponds. 

cxceedinsf five hundred dollars. 

For stocking brooks with food fish, a sum not exceed- ^r°o^g°^ 
ing three hundred dollars. 

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

Approved February 27, 1902. 



96 Acts, 1902. — Chaps. 137, 138. 



Ohan.liM ^^ '^^^ ^^ establish the open season kou trout, land looked 

SALMON AND LAKE TROUT IN THE COUNTIES OF BERKSHIRE, FRANK- 
LIN, HAMPDEN AND HAMPSHIRE. 

Be it enacted, etc., as follows : 

R. L 91 § 63, Section sixty-throe of chanter ninety-one of the Revised 
Laws is hereby amended by striking out tlie words " first 
day of August", in tlic fifth and sixth lines, and inserting 
in place thereof the words: — fifteenth day of Jul}-, — 
and by striking out the word "first", in the sixth line, 
and inserting in place thereof the word : — fifteenth, — 
cioBe season for SO as to rcad as follows : — Section 63. Whoever, ex- 
'""'^ ■ cept as provided in section sixty-six, sells or offers or 

exposes for sale, or has in his i)()ssession, a trout, land 
locked salmon or lake trout, except alive, between the 
■ first day of September and the first day of April, or 
in the counties of Berkshire, Franklin, Hampden and 
Hampshire, between the fifteenth day of July and the 
fifteenth day of April, shall forfeit not less than ten nor 
more than twenty-five dollars for each oftencc ; and the 
possession of any such fish between said dates shall be 
prima facie evidence to convict. 

Approved February 27, 1902. 



Ch(fl)»lSS ^^ "^^^ '^^ TRANSFER THE POWERS AND DUTIES OF THE INSPECTOR 
GENERAL OF FISH TO THE BOARD OP COMMISSIONERS ON FISHERIES 
AND GAME. 

Be it enacted, etc., as folio ivs : 
Office of inspcc SECTION 1. The officc of inspcctor o-eneral of fish is 

tor general of i • i J^ o 

fish abolished, hcrcby abolishcd. 

Powers, etc., Section 2. Thc powcrs and duties heretofore con- 

confcrred, etc., ^ . i/>r-i 

upon commis- f errcd and imposed upon the inspector general of fish are 

BionGrB oil ^^ 

fisheries and hereby conferred and imposed upon the board of commis- 

^^'^^' sioners on fisheries and game. 

Inspectors of SECTION 3. Said board may a])]K)int in every town in 

fish, appoint- i • i r« i • i i • . • r> i 

ment, etc. which fish IS packcd tor export, inspectors ot fish, who 

shall be sworn before them or before a justice of the 
peace, and shall give bond to them with sufficient sure- 
ties, and be removable at the discretion of said board. 
Each inspector shall once in six months make the returns 
to said board necessary to carry into effect the provisions 
of chapter fifty-six of thc Revised Laws. 



Acts, 1902. — Chaps. 139, 140. 97 

Section 4. The inspectors of fish shall have the Powers and 
powers and perform the duties heretofore conferred and 
imposed upon the deputy inspectors of fish, but shall pa}^ 
to the commissioners on fisheries and game the propor- 
tion of fees formerly paid to the inspector general of fish. 
Said commissioners shall pay the fees received from the 
inspectors into the treasury of the Commonwealth on the 
first Monday of January and the first Monday of July 
in each year, and shall include a l)rief statement of the 
work of fish inspection, and of the fees received therefor, 
in their annual report. 

Section 5. Sections three and four of chapter fift}^- Repeal, 
six of the Revised Laws are hereby repealed. 

Approved February 27, 1902. 

An Act to extend the time within avhich the town of (JJiaqj 1 39 

HOLDEN MAY' ACCEPT AN ACT PROVIDING FOR SUPPLYING THE 
TOWN WITH WATER. 

Be it enacted, etc., as foUoivs : 

Section 1. Section ten of chapter one hundred and amended ^^^' 
eighty of the acts of the year eighteen hundred and 
ninety-six is hereby amended by striking out the word 
"three", in the fourth line, and inserting in place thereof 
the word : — six, — so as to read as follows : — Section 10. Y^tZ *° ^^^ 
This act shall take effect upon its acceptance by a two 
thirds vote of the voters of said town present and voting 
thereon at a legal town meeting held for the purpose 
within six 3^ears from its passage ; but the number of 
meetings so called in any one year shall not exceed four. 

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

AppjToved March 4, 1902. 

An Act relative to the Salisbury and amesbury mutual fire HJ/fyjy 1 JO 

INSURANCE COMPANY'. ^ 

Be it enacted, etc.^ as folio ids : 

Section 1. The Salisbury and Amesbury Mutual Fire Piace of holding 
Insurance Company is hereby authorized to hold its annual fngsretc^f of the 
meetings and have its principal ofl5ce in such city or town Anueimry*'^'' 
in this Commonwealth as its by-laws shall designate. A ^e*ranS'^com 
copy of any amendment to its by-laws changing the jJace v^'^y- 
for holding its annual meetings or the location of its prin- 
cipal office shall be sent to each member of the company 



98 Acts, 1902. — Chaps. 141, 142. 

in suitable form to be attached to his policy and shall 

also be sent to the insurance commissioner with hi fifteen 

da^^s of the time when such amendment goes into etlect. 

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

Approved March 4, 1902. 

(J]ia'r).\4i\ ^^ ^^^ "^^ CONFIRM A CERTAIN AGREEMENT BETAVEEN THE CITY 
OF BOSTON AND THE BOSTON TERMINAL COMPANY RELATING TO 
THE CONSTRUCTION OF COVE STREET BRIDGE. 

Be it enacted^ etc., as folloivs : 
SenfbetfeTn SECTION 1. The agreement signed by the mayor of 
ton aud the^M'- ^^® ^^^J ^^ BostoH, assuuiing to act for that cit}^ and 
ton Terminal bv the vicc chaiiTiian of the Boston Terminal Company 

Company con- ii'>i ni i* i 

firmed. OH behalf ot the trustees of that company, relating to the 

construction of Cove Street bridge, so-called, over the 
lands of said company, and dated January thirt3^-first, 
nineteen hundred and two, is hereby ratified and con- 
firmed as a contract between the city of Boston and the 
said terminal company ; and the city and company may 
do the things therein agreed upon and as therein specified. 
Section 2. This act shall take efl'ect upon its passage. 

Ap)proved March 4, 1902. 

ChapA42l ^^ -^CT TO TRANSFER THE POWERS AND DUTIES OF THE STATE 
FIRE MARSHAL TO THE MASSACHUSETTS DISTRICT POLICE. 

Be it enacted, etc., as folloivs : 

fir^mafehir SECTION 1. Tlic officc of statc firc iiiarslial and all 

etc., abolished, officcs thcrcundcr are hereby abolished. 

dep'artmeMt''of SECTION 2. A HCw department of the district police 

p'J)1ice*cr*ea\ed ^^ hereby crcatcd, with the powers and duties heretofore 
conferred and imposed upon the state fire marshal, his 
deputy, clerk, assistants and aids. Said department shall 
be called the fire marshal's department, and there shall 
be assigned to it the following otiicers, who shall be ap- 
pointed by the governor, each to hold ofiice for the term 

Officers, ap. of tlircc ycai's from the date of his aiipointment : — A 

pointment, i • /• i i n i 

gowereaud clcputy cliicf, who sliall havc all the powers and duties 
heretofore conferred and imposed upon the state fire 
marshal, and shall have charge of the said department 
under the direction of the chief of the district police, at 
a salary of twenty-four hundred dollars a year ; a chief 
aid, Avho shall have all the powers and duties heretofore 



duticB. 



Acts, 1902. — Chap. 143. 99 

conferred and imposed upon the deputy state fire marshal, 
at a salary of fifteen hundred dollars a year ; and not more 
than six additional aids, each at a salary of one thousand 
dollars a year. The chief of the district police may ap- 
point for service in said department a clerk and a ste- 
nographer, each at a salary of twelve hundred dollars a 
year. In the organization of the fire marshal's depart- 
ment any person now in the service of the state fire 
marshal may be appointed or employed without civil 
service examination. The chief of the district police 
may at his discretion exercise any of the powers and per- 
form any of the duties of the deputy chief, and may at 
any time detail any of the members of the detective 
department of the district police for service in the fire 
marshal's department. The deputy chief shall submit the Deputy chief 
annual report of his official action to the chief of the dis- *"°* '^ ''^p°'''- 
trict police, who shall transmit the same to the insurance 
commissioner. 

Section 3. So much of section two of this act as au- when to take 
thorizes the appointment of the members of the said fire ^^^^*' 
marshal's department of the district police shall take efiect 
upon the first day of May in the year nineteen hundred 
and two, and the remainder of this act shall take effect as 
soon as the members of said department are appointed 
and qualified. Approved March 4, 1902. 

An Act relative to the recovery for injuries to property nijriry^ 14'^ 

CAUSED BY THE REBUILDING OF BROADWAY BRIDGE IN THE CITY "' 

OF BOSTON. 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter four hundred and woo, 452, §1, 
fifty-two of the acts of the year nineteen hundred is hereby 
amended by adding at the end thereof the words : — Any 
person injured in his propertjs whether as owner, lessee 
or mortgagee, by the change of grade of said Broadway 
bridge under authority of this act, may have his damages 
therefor determined by a jury and paid by the city of 
Boston, under the same rules of law as damasfes for the 
change of grade of any highway in said city are deter- 
mined, — so as to read as follows: — Section 1. The Broadway 
New England Railroad Company shall pay into the treas- cuy of Boston 
ury of the city of Boston the amount of money which it ^"g''^ rebuilt, 
would have been obliged to pay for raising Broadway 



100 Acts, 1902. — Chap. 144. 

bridge, so-called, and the approaches thereto in said city, 
in the manner recently authorized by the board of alder- 
men of the city on the petition of said com})any, and 
on such payment the city engineer of the city shall re- 
build said BroadAvay bridge and the approaches thereto 
at grades no lower than those to which the bridge was so 
authorized to be raised, and according to plans approved 
Damages. j^^ ^j^g uiayor of the city. Any person injured in his 

property, whether as owner, lessee or mortgagee, by the 
change of grade of said Broadway bridge under authority 
of this act, may have his damages therefor determined 
by a jury and paid by the city of Boston, under the same 
rules of law as damages for the change of gi'ade of any 
highway in said city are determined. 

Section 2. This act sh^ll take effect upon its passage. 

Approved March 4, 1902. 

ChCiP.li4.4: ^^ '^^'^ '^^ AUTHORIZE THE TOWN OP WELLESLEY TO ELECT A 
BOARD OF WATER AND MUNICIPAL LIGHT COMMISSIONERS. 

Be it enacted, etc., as follows : 

wdies*ii to Section 1. The town of Wellesley shall, within one 

elect a board of year after this act takes effect, elect by ballot a board 
municipal light of watcr and municipal light commissioners, to consist of 

commisBioiiers, ,1 i iniii^ui? ii-ii.- 

etc. ttiree persons, who sliali hold office from tlieu" election 

for terms ending one year, two 3^ears and tliree years, 
respectively, from the date of the meeting at which they 
are elected, if the same is an annual meeting, or, if the 
same is a special meeting, for terms ending one year, 
two years and throe years, respectively, from the date 
of the annual meeting next following their election, and, 
in either case, until their successors are elected ; and at 
each annual town meeting thereafter said town shall elect 
one member of said board to serve for tlu'ee years or 

Vacancy. until liis succcssor Is electcd. If a vacancy shall occur 

in said board said town may at any meeting called for 
the purpose elect a person to fill said vacancy. 

^ommisHiriferJ Section 2. UpoH and by the election of a board of 

to^be abolished, water and municipal light commissioners under section 
one of this act the board of water commissioners estab- 
lished under chapter one hundred and sixty-six of the 
acts of the year eighteen hundred and eighty-three shall 
be abolished, and the selectmen of said town shall cease 
to exercise such })owers and to be subject to such duties, 



Acts, 1902. — Chap. 145. 101 

liabilities and penalties as at tlie time of such election 
are conferred or imposed by general laws upon municipal 
light boards, and thereupon all the powers, rights, duties 
and liabilities of said board of water commissioners shall 
be transferred to said board of water and municipal light 
commissioners. Said board of water and municipal liirht Powers and 

1 11 1 1 11 1 1 duties, etc., of 

commissioners shall also have all the powers and be sub- board of water 
ject to all the duties, liabilities and penalties which at nght°^ommi*B^. 
the time of such election are or thereafter may be con- ^*°°®''*- 
ferred or imposed by general laws upon municipal light 
boards. No contracts, rights, liabilities or suits existing 
at the time of such election shall be affected in any way, 
but said Ijoard of water and municipal light commissioners 
shall, in all respects and for all purposes whatsoever, be 
the lawful successor of said board of water commissioners 
and of said selectmen acting as aforesaid, respectively. 

Section 3. This act shall take effect upon its ac- when to take 
ceptance by said town at a legal meeting called for that 
purpose. Approved March 4, 1902 



effect. 



Chap. 14:5 



An Act to amend the charter of the scituate water com- 
pany AND to authorize SAID COMPANY TO ACQUIRE ADDITIONAL 
WATER SUPPLY. 

Be it enacted, etc., as follwvs : 

Section 1. Section two of chapter three hundred ^^^3, 391 §2, 

1 • <> 1 /• 1 • 1 amended. 

and ninety-one ot the acts 01 the year eighteen hun- 
dred and ninety-three is hereby amended l)y inserting 
after the word " brook ", in the third line, the words : — 
and any other body or bodies of water, — by striking out 
the words " on the southerly side of Willow street and 
easterly of the tracks of the Old Colony Railroad Com- 
pany", in the seventh, eighth and ninth lines, by striking- 
out the word "and", in the thirteenth line, and inserting 
in place thereof the words : — provided, that no source of 
water supply for domestic purposes, and no lands neces- 
sary for preserving the quality of such water, shall be 
taken without first obtaining the advice and approval 
of the state board of health. Said town may also, — 
and by addino- at the end of said section the followino- 
words : — The company shall not have the right how- 
ever, except by agreement with the owner thereof, to 
take Beaver Dam spring, so-called, or any land now be- 
longing to Albert and Fannie M. Clapp on the westerly 



102 



Acts, 1902. — Chap. 145. 



side of the track 
Hartford Railroad 



Scituate Water 
Company may 
take certain 
waters, lands 
etc. 



Proviso. 



May erect 
structures, lay 
down conduits, 
pipes, etc. 



of the New York, New Haven and 
Company, nor any of the adjoining 



land now owned by said Clapps lying on the northerly 
side of WilloAV street and between said track and Satuit 
brook, so-called, and situated at a distance of more than 
two hundred feet westerly from said brook, — so as to 
read as follows : — Section 2. Said corporation, for the 
purposes aforesaid, may lease, take, ac(juire by piu*chase 
or otherwise, and hold the waters of Satuit brook and 
any other body or bodies of water within the limits of 
said town of Scituate, and all water rights connected 
therewith, and obtain and take water by means of bored, 
driven, artesian or other wells, on land within the limits 
of said town of Scituate, and hold them and convey said 
waters through said town ; and may also take and hold, 
by lease or otherwise, all lands, rights of way and ease- 
ments necessary for holding and preserving such water 
and conveying the same to any part of said town : 'pro- 
vided^ that no source of water supply for domestic pur- 
poses, and no lands necessary for preserving the quality 
of such water, shall be taken without first obtaining the 
advice and approval of the state board of health. Said 
town may also erect on the land thus taken or held proper 
dams, fixtures or other structures ; and may make excava- 
tions, procure and operate machinery, and provide such 
other means and appliances as may be necessary for the 
establishment and maintenance of complete and effective 
water works ; and may construct and lay down conduits, 
pipes and other works, over and under any lands, water 
courses, railroads, highways, town ways, public or pri- 
vate ways of any nature, kind or description, and along 
such ways, and in such manner as not unnecessarily to 
obstruct the same ; and for the purpose of construct- 
ing, maintaining and repairing said conduits, pipes an,d 
other works, and for all proper purposes of this act, 
said corporation may dig up any such lands, and, under 
the direction of the board of selectmen of said town of 
Scituate, enter upon and dig up any such ways in such 
manner as to cause the least hindrance to public travel 
thereon. The right hereinbefore granted to dig up said 
lands and ways, to lease, take, acquire and hold waters and 
convey them through said town for the purpose of the 
establishment and maintenance of complete and effective 
water works, shall apply equally to Avaters now owned 



Acts, 1902. — Chap. 146. 103 

by said persons named in section one of this act, or any 
of them, and to structures, dams, conduits and other ap- 
purtenances to complete and eftective water works, now 
owned and laid by them or either of them. The company Not to take cer. 
shall not have the right however, except by agreement es'^epuiy^*^' 
with the owner thereof, to take Beaver Dam spring, so- ''s'"®*'™^"*- 
called, or any land now belonging to Albert and Fannie 
M. Clapp on the westerly side of the track of the New 
York, New Haven and Hartford Railroad Company, nor 
any of the adjoining land now owned by said Clapps ly- 
ing on the northerly side of Willow street and between 
said track and Satuit brook, so-called, and situated at a 
distance of more than two hundred feet westerly from 
said brook. 

Section 2. Section four of said chapter three hun- 1893,391, §4, 
dred and ninety-one is hereby amended by striking out 
the last sentence' thereof. 

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

Aj)proved March 4, 1902. 



amended. 



Chapim 



An Act to incorporate the symmes Arlington hospital. 
Be it enacted, etc., as foUoivs : 

Section 1. George Y. Wellington, William N. fonTo^puaf"^' 
Winn, Charles A. Dennett, Henry Hornblower, William ijicorporated, 
H. H. Tuttle and Omar W. Whittemore, all of Arling- 
ton, the trustees named in the last will of Stephen Symmes 
late of Arlington, and their associates and successors, are 
hereby made a corporation by the name of the Symmes * 
Arlington Hospital, for the purpose of establishing and 
maintaining in tlie town of Arlington a hospital and a 
training school for nurses, or in lieu thereof a home 
for aged indigent married couples and women, under and 
in accordance with the terms and provisions of said will, 
and of otherwise executing and carrying out the trusts 
and purposes of said will ; and said corporation shall 
have and exercise all the rights, powers, privileges and 
authority given to or vested in said trustees by said will, 
and shall also have and exercise all the powers and privi- 
leges and be subject to all the duties, restrictions and 
liabilities contained in all general laws now or hereafter 
in force relating to such corporations. 

Section 2. The corporation shall consist of the afore- Membership, 
said incorporators and such other persons as may at any 



lOtt Acts, 1902. — CiiAr. 147 



legal meeting of the corporation be elected members 
thereof by ballot. 

fti""' ^""^"''^**' Skction 3. Said corporation shall have authority to 
receive all the real and personal estate given, bequeathed 
and devised by said will to the trustees therein named, 
and also to receive and acquire other real and personal 
estate by grant, devise, bequest, gift or subscription, to 
an amount not exceeding in the whole two hundred 
thousand dollars, and to hold, use and expend the same 
under the trusts and for the purposes and objects set forth 
in said will. 

poiutmeiufctc. Section 4. Said corporation shall have full power to 
elect or appoint such officers as from time to time it may 
deem necessary or expedient ; to fix and establish all 
needful regulations, and all rates and charges for patients 
at the hospital, and for membership in said home ; and 
generally to do all acts and things necessary or expedient 
to be done to carry out the provisions and objects of said 
will and of this act. 

Section 5. This act shall take eftect upon its passage. 

A2yproved March 4, 1902. 

Ch(ip.'1.4!7 -^^ ^^^ '^^ INCORPORATE THE JAMAICA SAVINGS BANK. 

Be it enacted, etc., as foUoivs : 

SBank"^' Section 1. Thomas L. Livermore, Thomas G. Plant, 

incorporated. Rudolph F. Haffenreffcr, Arthur A. Maxwell, John J. 
Cantwell, Michael J. Murray, William M. Clark, J. 
Albert Brackett, Gustave Magnitzky, Andrew J. Peters, 
Joseph B. Gould, John Dufi', John Roessle and Thomas 
D. Roberts, their associates and successors, are hereby 
made a corporation by the name of the Jamaica Savings 
Bank, with authority to establish and maintain a savings 
bank in that part of the city of Boston which was for- 
merly lloxbury, or in that part which was formerly West 
Roxbury, and on Columbus avenue, or on AYashington 
street south of its junction Avith said avenue as now laid 
out, or at some point westerly of the above locations ; 
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 March 4, 1902. 



Acts, 1902. — Chaps. 148, 149, 150. 105 



An Act to authorize the boston five cents savings bank (7/i^r).148 

TO HOLD additional KEAL ESTATE. 

Be it enacted., etc., as follows : 

Section 1. The Boston Five Cents Savings Bank, TheBostonFive 
incorporated by chapter two hundred and thirty-two of Bank may hold 
the acts of the year eighteen hundred and fifty-four, is eefate?"''' '^'''^^ 
authorized to purchase and hold real estate in the city of 
Boston, not exceeding nine hundred thousand dollars in 
value, for the purposes set forth in the eighth clause of 
section twenty -six of chapter one hundred and thirteen 
of the Revised Laws. 

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

Approved March 4, 1902. 

An Act to authorize the cities of eyerett and malden to Hfinr^^ 149 

MAKE CERTAIN SEWER ASSESSMENTS. 

Be it enacted., etc., as follows : 

Section 1. Chapter four hundred and ninety-five of ^^e;,de^j'_ 
the acts of the year eighteen hundred and ninety-eight 
is hereby amended by striking out section two and in- 
serting in place thereof the following new section : — 
Section 2. Any estate in either of said cities which re- Assessment of 
ceives benefit by reason of sewer facilities furnished by 
virtue of a contract or contracts made under authority of 
this act, shall be subject to assessment therefor, such as- 
sessment to be levied and collected by the city in which 
the estate is situated, in the manner and to the extent 
now provided by law for the levy and collection of sewer 
assessments in that city. 

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

Approved March 4, 1902. 



bettetmeuts. 



Chaj^.WO 



An Act to provide for widening hyde park avenue in the 
city of boston. 

Be it enacted, etc., as folloics : 

Section 1. The board of street commissioners of the Hyde Park 
city of Boston may, in that part of Boston which was tJnmly b?°*' 
formerly the town of West Roxbury, widen Hj^de Park widened, etc. 
avenue to a width not exceeding eighty-five feet, and 
may take therefor a strip of land from the burial ground 
situated on the westerly side of said avenue, near and 



106 



Acts, 1902. — Chaps. 151, 152. 



southerly from Walk Hill street ; and the city of Boston, 
by the officer or board constructing said avenue, may, and 
at the request of parties interested shall, remove the re- 
mains of the dead, if any there be in the part so taken, 
to some other part of the said burial ground or to some 
other cemetery. 

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

Ap2^roved March 5, 1902. 



Chap.151 An Act relative to the licensing of money lenders in the 

CITY OF LOWELL. 



Board of police 
to grant certain 
licenses in 
Lowell. 



Be it enacted, etc., as folloios : 

Section 1. Licenses to carry on the business of 
lending money on personal property, which licenses are 
granted under authority of section fifty-seven and the 
following sections of chapter one hundred and two of 
the Revised Laws, shall in the city of Lowell be granted 
only by the board of police of that city. 

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

Approved March 5, 1902. 



Chap.W2 



City council 
and board of 
alderinen in 
Everett, elec- 
tion, terras, etc. 



An Act to amend the charter of the city of everett. 
Be it enacted, etc., as folloios: 

Section 1. Beginning with the next municipal year 
after the passage of this act the city council and the board 
of aldermen of the city of Everett shall be composed and 
elected as follows : — The board of aldermen shall be com- 
posed of seven members, one at large, and one from each 
ward. At the first municipal election held after the pas- 
sage of this act, and in every alternate year thereafter, 
four aldermen shall be elected by the voters of the whole 
city, as follows : — One from the voters of ward one, one 
from the voters of ward four, one from the voters of ward 
five and one from the voters of ward six. The persons 
so elected shall hold office for the two municipal years 
next succeeding their election. At the second municipal 
election held after the passage of this act, and in every 
alternate year thereafter, two aldermen shall be elected 
by the voters of the whole city, as follows : — One from 
the voters of ward two and one from the voters of ward 
three. The persons so elected shall hold office for the 
two municipal years next succeeding their election. At 



Acts, 1902. — Chap. 152. 107 

the second municipal election held after the passage of 
this act, and in every alternate year thereafter, one alder- 
man at large shall be elected by and from the voters of 
the whole city, who shall hold office for the two munic- 
ipal years next succeeding his election. Three member-s 
of the conmion council shall be elected annually by and 
from the voters of each ward, and the councilmen so 
elected shall hold office for the municipal year next suc- 
ceeding their election. 

Section 2. Section one of chapter three hundred and Jepekied li- 
sixty-six of the acts of the year eighteen hundred and cept, etc! 
ninety-six, except as herein otherwise provided, is hereby 
repealed ; but the aldermen and councilmen elected at the 
municipal election next prior to the passage of this act 
shall hold office until the expiration of the terms for 
which they were respectively elected. 

Section 3. Section five of chapter three hundred and amended ^^' 
fifty-five of the acts of the year eighteen hundred and 
ninety-two is hereby amended by striking out the words 
" twelve o'clock, noon ", wherever they occur, and insert- 
ing in place thereof the words : — eight o'clock in the 
evening, — so as to read as follows : — Section 5. The Municipal eiec- 
municipal election shall take place annually on the second pai°/e°a1-™""*" 
Tuesday of December, and the municipal year shall begin 
at eight o'clock in the evening on the first Monday of 
January, and continue until eight o'clock in the evening 
on the first Monday of the following January. 

Section 4. Section eleven of said chapter three hun- i892, 355, § ii, 
dred and fifty-five is hereby amended by striking out the *™^° ^ 
words "twelve o'clock, noon", in the third line, and in- 
serting in place thereof the words : — eight o'clock in the 
evening, — so as to read as follows : — Section 11. The Oath of office of 
mayor elect and the members elect of the city council Members of 
shall, on the first Monday in the January succeeding "*^ council. 
their election, at eight o'clock in the evening, assemble 
too^ether and be sworn to the faithful discharo-e of their 
duties. The oath may be administered to the mayor by 
the city clerk, or by a judge of a court of record, or by 
a justice of the peace, and the oath may be administered 
to the members of the city council by the mayor, or by 
the city clerk, or by a justice of the peace. In case 
of the absence of the mayor elect on the first Monday 
in January, or if a mayor shall be subsequently elected, 
the oath of office may at any time thereafter be adminis- 



108 Acts, 1902. — CiiAr. 153. 

tered to him in the presence of the city council ; and 
at any time after the first Monday in January the oath 
of office may be administered in the presence of either 
branch of the city council to a member of such branch 
who was absent on the first Monday in January or who 
shall be subsequently elected. A certificate that such 
oath has been taken by the mayor shall be entered in the 
journal of both branches of the city council, and in the 
journal of each branch shall be entered a certificate 
that the oath has been so taken by the members of that 
branch. 
fa"opt°uce to be ^ECTiON 5. TMs act shall be submitted to the voters 
Bubmittedto of the city of Everett, who shall vote "Yes", or " No", 
upon the question of the acceptance of the several sec- 
tions, at the annual state election in the present year, 
and only such sections shall take eft'ect as shall at such 
election be accepted by the affirmative votes of a majority 
of the voters voting thereon. The vote shall be taken by 
ballot, in answer to the following questions : — Shall sec- 
tion one of the act to amend the charter of the city of 
Everett, providing for a board of seven aldermen, one 
from each ward to be elected by the voters 
of the whole city, and one at large to be 
elected by the voters at large, be accepted? 



YES. 



NO. 



YES. 




NO. 





Shall section two of said act, making the municipa 
year begin at eight o'clock in the evening, 
instead of twelve o'clock, noon, on the first 
Monday of January, be accepted? 

Ap2)roved March 5, 1902. 

Chap.\5'3 ^^ ^^^ MAKING APPROPRIATIONS FOR SUNDRY EDUCATIONAL EX- 
PENSES. 

Be it enacted^ etc., as folloivs : 
Appropriations. j^ection 1. The suHis hereinafter mentioned are 
ajopropriated, to be paid out of the treasuiy of the 
Connnonwealth from the ordinary revenue, except as 
otherwise i)rovided herein, for the year ending on the 
thirty-first day of December, nineteen hundred and two, 
to Avit : — 
edu'cation''^ °^ For the Salary and expenses of the secretary of the 
secretary .' .state board of cducatioH, forty-five hundred dollars, to 
be paid out of the moiety of the income of the Massachu- 
setts School Fund ai>plicable to educational purposes. 



Acts, 1902. — Chap. 153. 109 

For clerical and messenger service for the state board ^^^Ifg^J^*^ 
of education, a sum not exceeding twenty-three hundred service. 
dollars. 

For salaries and expenses of agents of the state board Agents. 
of education, a sum not exceeding ten thousand 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 Expenses of 

o r^ _ members of 

the state board of education, a sum not exceeding one board. 
thousand dollars. 

For the support of state normal schools, including the state normal 
employment of accountants, and certain other expenses 
of the boarding houses at the said schools, a sum not ex- 
ceeding two hundred and sixty-one thousand four hun- 
dred and fifty-two dollars, to be paid out of the moiety 
of the income of the Massachusetts School Fund applicable 
to educational purposes, the deficiency, if any, to be paid 
from the treasury of the Commonwealth. 

For the support of the state normal art school, a sum state normal 
not exceeding twenty-six thousand three hundred and six ^^ school. 
dollars, to be paid out of the moiety of the income of the 
Massachusetts School Fund applicable to educational 
purposes, the deficiency, if any, to be paid from the treas- 
ury of the Commonwealth. 

For the expenses of teachers' institutes, a sum not Teachers' 
exceeding two thousand dollars, to be paid out of the 
moiety of the income of the Massachusetts School Fund 
applicable to educational purposes. 

For the Massachusetts Teachers' Association, the sum Massachusetts 
of three hundred dollars, to be paid out of the moiety AstocfaUon. 
of the income of the Massachusetts School Fund applica- 
ble to educational purposes, subject to the approval of 
the state board of education. 

For the expenses of county teachers' associations, a sum county 
not exceeding three hundred and twenty-five dollars, to ciatlons! ^^^^ 
be paid out of the moiety of the income of the Massachu- 
setts School Fund applicable to educational purposes. 

For the Dukes County Educational Association, the oukes county 
sum of fifty dollars. ^ SSn. 

For aid to pupils in state normal schools, a sum not Aid to pupils in 
exceeding four thousand dollars, payable in semi-annual schools. 
instalments, to be expended under the direction of the 
state board of education. 



110 



Acts, 1902. — Chaps. 154, 155. 



School euperin- 
tcudents in 
Biuall towns. 



ICflucation of 
deaf pupilB. 



School Ijlanks. 



Summer schools 
for teachers. 



To enable small towns to provide themselves with school 
superintendents, a sum not exceeding eighty-two thou- 
sand five hundred dollars. 

For the education of deaf pupils of the Commonwealth 
in the schools designated by law% a sum not exceeding 
seventy 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 the expenses of summer schools for teachers, a 
sum not exceedino- fifteen hundred dollars. 

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

Apj)roved March 12, 1902. 



Chap.154: 



R L.92 
amended. 

Hunting, etc., 
of deer by dogs 
prohibited. 



An Act to pkovide for the better protection of deer. 

Be it enacted, etc., as follows : 

Section 1. Chapter ninety-two of the Revised Laws 
is hereby amended by striking out section eighteen and 
inserting in place thereof the following: — Section 18. 
The owner or keeper of a dog found chasing or hunting 
deer at any time shall be punished by a fine of twenty 
dollars. Any person may kill a dog found chasing or 
hunting deer at any time, if the dog is used for such pur- 
pose with the knowledge and consent of his owner or 
keeper, and the owner or keeper of such dog shall be 
punished by a fine of fifty dollars. 

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

Aiyproved March 12, 1902. 



Cha7).\^5 -^^ ■^^'^ '^^ authorize the city library association of spring- 
field to hold additional real and personal property. 



1001, 90, §1, 
amended. 



May hold addi- 
tional real and 
personal estate. 



Be it enacted, etc., as follows : 

Section 1. Section one of chapter ninety-five of the 
acts of the year nineteen hundred and one is hereby 
amended by striking out the words ' ' six hundred ", in 
the sixth line, and inserting in place thereof the words : 
— one million five hundred, — so as to read as follows : — 
/Section 1. The City Library Association of Springfield 
is hereby authorized to hold real and personal estate for 
the purposes named in its act of iiicor})oration, chap- 
ter one hundred and forty-two of the acts of the year 
eighteen hundred and sixty-four, to an amount not exceed- 



Acts, 1902. — Cii.a>. 156. Ill 

ing one million five hundred thousand dollars, exclusive 
of books in its library and collections of natural history 
and works of art in its museum. 

Section 2. Section four of said chapter one hundred etc^'ame'ndtd. 
and forty-two of the acts of the year eighteen hundred 
and sixt3-four, as amended by subsequent acts, is hereby 
amended so as to read as follows : — Section 4. So long city may aid 
as said corporation shall allow the inhabitants of the city have^f^ee^^"* 
of Springfield free access to its library and nmseums *'"^^**' 
at reasonable hours, and shall further allow said inhab- 
itants the free use of its books on its premises and for 
home reading, under such reasonable regulations and re- 
strictions as may be imposed by the directors of said 
corporation, said city may api^ropriate and pay annually 
toward defraying the expenses of carrying on the work 
of said corporation, as authorized by its charter, such 
sums as the city may judge proper. 

Ajyjn-oved March 12, 1902. 

An Act to incokpohate the tkustees fok the diocese of f^hQjy 1 56 

WESTERN MASSACHUSETTS. 

Be it enacted, etc., as follows : 

Section 1. Charles Thornton Davis of Worcester, Trustees for the 
Henry H. Skinner of Springfield, Edward L. Davis of westernVassa- 
AVorcester, Frederick N. Deland of Great Barrington, ^Sd'/etr' 
Charles H. Read of North Adams, George H. Morgan of 
Lenox, Ernest Lovering of Holyoke, Henry N. Bigelow 
of Clinton and William C. Simons of Springfield, and 
their successors, are hereby made a body politic and 
corporate, by the name of Trustees for the Diocese of 
AVestern Massachusetts ; and by that name may sue and 
be sued ; shall have and use a common seal ; shall have 
authority to hold meetings, and thereat to establish all 
reasonable orders and by-laws for the better government 
of the said corporation, not repugnant to the laws of 
this Commonwealth, and by said orders and by-laws the 
officers to be appointed in the said corporation and em- 
ployed in their affairs, and the manner of electing them, 
with their several duties and compensations, shall be 
determined and specified ; and at such meetings the said 
corporation shall direct from time to time the manage- 
ment, improvement and disp(jsition of the donations and 
property with which they shall be entrusted, in manner 



112 



Acts, 1902. — Chap. 156. 



May receive, 
manage, etc., 
funds, proper- 
ties, etc. 



Enforcement of 
provisions. 



not inconsistent with the trusts upon which the same are 
hold. 

Section 2. Said corporation shall have authority from 
time to time to determine the number of trustees who shall 
constitute a quorum for transacting business. No trustee 
shall be removed unless Avith the concurrence of two thirds 
of the number constituting a quorum for the time being, 
nor without the concurrence of two thirds of the number 
present at any legal meeting of said corporation. 

Section 3. Said corporation may receive, acquire, 
take, hold, manage, invest and re-invest, lease, Ijargain, 
sell, improve, use and dispose of any and all moneys or 
funds, and any and all real estate or other properties, for 
the use, benefit, support or promotion of any work, office, 
official, religious or charitable institution, or other interest 
of the Protestant Episcopal Church within the diocese of 
western Massachusetts ; and especially of the funds or 
proportions of funds which it was resolved at the con- 
vention of the diocese of Massachusetts, on Friday, the 
fourteenth day of June, nineteen hundred and one, should 
be paid to or divided with the diocese of western Massa- 
chusetts, under and upon the same or similar provisions, 
terms and trusts, as to religious usages, purposes, per- 
sons, institutions and properties within the diocese of 
western Massachusetts, as those upon which the same 
or corresponding moneys, funds or properties have here- 
tofore been held and administered l)y the trustees of 
donations to the Protestant Episcopal Church, or by any 
other organization, person or persons, for the benefit, use, 
support or promotion of any similar work, office, official, 
religious or charitable institution, or other interest of the 
Protestant Ejnscopal ( -hurch within the former diocese of 
Massachusetts ; and any corporation, person or persons 
now holding such moneys, funds or properties in trust 
as aforesaid, are hereby authorized and empowered to 
convey and transfer them to said Trustees for the Diocese 
of Western Massachusetts, in trust as aforesaid. 

Section 4. The supreme judicial court and the supe- 
rior court shall have jurisdiction, upon the application 
of any party in interest, in term time or vacation, to 
enforce the performance of all trusts as to any lands, 
moneys and other estate, real and personal, which shall 
be lawfully vested in the said corporation, and to inquire 
as to the disposition and management thereof ; and by in- 



Acts, 1902. — Chaps. 157, 158. 113 

junction, or otherwise, to afford such remedies and relief 
as to law and justice shall appertain. 

Section 5. Charles Thornton Davis and Henry H. ^"1 meeting. 
Skinner are authorized to fix the time and place for the 
first meeting of the said corporation, of which they sliall 
give not less than seven days' notice in writing to each 
member thereof. 

Section 6. This act shall take effect upon its passage. 

Approved March 12, 1902. 



Chap. 157 



An Act relative to the appointment of election officers 
in the city of boston. 

Be it enacted., etc., as follows : 

Section 1. Section one hundred and seventy-one of R. l ii,§ni, 

. . -^ amended. 

chapter eleven of the Kevised Laws is liereby amended 

by inserting after the word "part", in the sixth line, 

the words : — except that in Boston no deputy election 

officers shall be appointed, — so as to read as follows : — 

Section 171. The mayor of every city shall annually in Election officers 

September, or as soon thereafter as possible, with the p^oStmentfetc. 

approval of the aldermen, appoint as election officers for 

each voting precinct, one warden, one deputy warden, 

one clerk, one deputy clerk, four inspectors and four 

deputy inspectors, who shall be qualified voters in the 

ward of Avhich such precinct forms a part, except that in 

Boston no deputy election officers shall be appointed. 

He may, in like manner, a})point two inspectors and tAvo 

deputy inspectors in addition. Every such nomination 

shall be acted upon by the aldermen not less than three 

nor more than ten days after it has been made. 

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

Approved March 12, 1902. 



Cha2),158 



An Act relative to the discharge of enlisted men from the 
massachusetts volunteer militia. 

Be it enacted, etc., as follows : 

Section eighty-two of chapter sixteen of the Revised f^ended.^^^' 
Laws is hereby amended by adding at the end thereof 
the following : — provided, hoivever, that whenever the 
commanding officer of a company shall apply to his supe- 
rior commander for the discharge of an enlisted man 
under the last provision of this section, he shall at once 



IM 



Acts, 1902. — Chaps. 159, 160. 



Discharge of 
enlisted men 
from the volun- 
teer militia. 



notify tlio enlisted man of such application ; and should 
the enlisted man, within seven days after such notifi- 
cation by his company commander, api)ly to the com- 
manding officer of his organization for a hearing upon 
the application for his discharge, he shall be given a 
hearing, — so as to read as follows: — Section 82. No 
enlisted man shall be discharged before the expiration of 
his term of service, except by order of the commander-in- 
chief, and for the following reasons : — Upon acceptance 
of promotion by commission ; upon remo-val of residence 
from the Commonwealth, or so far from the bounds of 
the connnand to Avhich he belongs that he cannot, in the 
opinion of his commanding officer, properly perform his 
military duty ; upon disability, established by certificate 
of a medical officer ; upon conviction of a felony ; when 
in the opinion of the commander-in-chief the interests 
of the service require his discharge ; to carry out the 
sentence of a court martial ; or upon application of his 
company commander, approved by superior commanders : 
provided^ however., that whenever the commanding officer 
of a company shall apply to his superior commander for 
the discharge of an enlisted man under the last provision 
of this section, he shall at once notify the enlisted man 
of such application ; and should the enlisted man, within 
seven days after such notification by his company com- 
mander, apply to the commanding officer of his organiza- 
tion for a hearing upon the application for his discharge, 
he shall be given a hearing. Approved March 12, 1902. 



C/?rt».159 -^^ ■^^'^ "^^ PROVIDE THAT THE OFFICE OF WEIGHEU OF COAL MAY 

BE HELD BY WOMEN. 

Be it enacted, etc., as foUoivs : 

wfighe/of coal Section 1. No pcrsou shall be deemed ineligible to 
may 1)6 held by Jiold tlic officc of wciffhcr of coal in any city or town by 

women. o ./././ 

reason of sex. 

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

Apjn'oved March 12, 1902. 



Chap.im 



R. L. irir,, § 12, 
amended. 



An Act relative to the custody of wills. 

Be it enacted, etc. , as folloivs : 

Section 1 . Section twelve of chapter one hundred 
and thirty-five of the Revised Laws is hereby amended 



Acts, 1902. — Chaps. IGl, 162. 115 

by striking out the words "proved before the judge of 
probate ", in tlie third line, and inserting in place thereof 
the word : — verified, — so as to read as follows : — Sec- Custody of 
tion 12. During the lifetime of the testator such will ^'^^' 
shall be delivered only to him or in accordance with his 
order in Avriting duly verified by the oath of a subscrib- 
ing witness ; and after his death it shall be delivered to 
the person named in the endorsement, if such person 
demands it. 

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

Aiyinoved March 12, 1902. 

An Act to include the town of nokthborough within the r'Jinj^ 1 fil 

JUDICIAL DISTRICT OF THE FIRST DISTRICT COURT OF EASTERN 
WORCESTER. 

Be it enacted, etc., as folloivs : 

Section 1 . The town of Northborough is hereby an- Town of North- 
nexed to and made a part of the judicial district of the nexed^to judi- 
first district court of eastern Worcester, but this act shall fi,^it1if*trict°^ 
not aft'ect any suit or other proceeding pending at the eru'^yjrcester 
time of its passage. 

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

Approved March 12, 1902. 

An Act to authorize the boston society of civil engineers r^l^ffr^^ 1^9 
TO hold additional real and personal estate. -^ * " 

He it enacted, etc., as follows : 

Section 1. Section two of chapter sixtj^-nine of the issi.eg, §2, 
acts of the year eighteen hundred and fifty-one is hereby *'"®°'^^^- 
amended by striking out the word '< twenty", in the 
second line, and inserting in place thereof the words : — 
two hundred, — so as to read as follows : — Section 2. }}^y jioid addi- 

rni • 1 • 1 1 T 1 1 tional real and 

Ihe said corporation may hold real and personal estate, personal estate, 
not exceeding in amount two hundred thousand dollars, 
and the funds or property thereof shall not be used for 
any other purposes than those declared in the first section 
of this act. 

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

Approved March 12, 1902. 



116 



Acts, 1902. — Chap. 163. 



Town of Lex- 
ington may take 
certain lands, 
waters, etc. 



May erect 
structures, lay 
pipes, etc. 



CJian.lQS An Act to authokize the town of Lexington to obtain an 

ADDITIONAL WATER SUPPLY. 

Be it enacted, etc., as foil own : 

Section 1. The town of Lexington, for the purpose 
of increasing and protecting its water supply by means 
of driven, artesian or otlier wells, and by the construction 
and maintenance of filter beds, reservoirs and other works 
or structures, may take from time to time by purchase or 
otherwise, and hold, any land in said town within the 
territory bounded northerly by INIiddle street, westerly 
by Waltham, Allen and Blossom streets, southerly by 
Concord avenue, and easterly by Massachusetts avenue 
and Pleasant street, together with any water or water 
rights therein or any water tributary to water therein, 
and also all lands, rights of way and easements necessary 
for procuring, holding, protecting and distributing said 
water, and for any other purpose connected with the 
maintenance of said water supply. 

Section 2. Said town may erect on the lands taken 
or held under authority of this act such wells, galleries, 
dams, fixtures, reservoirs and other structures as it may 
deem proper, and may make such excavations and procure 
and operate such machinery and do such other things as 
may be necessary for providing and maintaining eflective 
Avater works ; and for that purpose may lay and maintain 
aqueducts, conduits, pipes and other works under and 
over any lands or ways within said territory, and under 
or along any ways in said town, in such manner as shall 
not unnecessarily obstruct the same. The provisions of 
sections three and six of chapter two hundred and sixty- 
seven of the acts of the year eighteen hundred and eighty- 
one shall apply to said town and to all takings under this 
act, and to all structures or property that may be placed 
thereon. 

Section 3. All the authority granted to said town by 
this act and not otherwise specially provided for shall be 
vested in the board of water commissioners of said town, 
Avho shall be subject however to such instructions as the 
town may impose by its vote. 

Section 4. The town of Lexington, for the purposes 
mentioned in this act, may borrow money from time to 
time and issue therefor negotiable bonds, notes or scrip 



Certain pro- 
visions of law 
to apply. 



Authority to 
vest in board of 
water commis- 
sioners, etc. 



Lexington 
Water Loan, 
Act of 1902. 



Acts, 1902. — Chaps. 164, 165. 117 

to an amount not exceeding the sum of twenty-five thou- 
sand dollars. Such bonds, notes or scrip shall be signed 
by the treasurer of the town and countersigned by the 
chairman of the board of water commissioners, and shall 
be denominated on the face thereof, Lexington Water 
Loan, Act of 1902. They shall be payable at the ex- 
piration 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 sucli terms and conditions as it may deem 
proper, and shall make payable annually a fixed propor- 
tion of the principal of said bonds, notes or scrip ; and 
the town shall raise annually by taxation the amount 
required to meet sucli interest and the proportion of the 
principal Avhich is payable annually. 

Section 5. This act shall take eifect upon its passage. 

A2)proved March 12, 1902. 

An Act to authorize the board of commissioners on fish- (^l^fijy 1(34 

ERIES AND GAME TO ISSUE PERMITS FOR TAKING SAND EELS IN 
the MERRIMAC and IPSWICH RIVERS AND IN PLUM ISLAND SOUND. 

Be it enacted, etc., as folloios : 

Section 1. Chapter ninety-one of the Revised Laws r. l. 91 
is hereby amended b}^ striking out section seven and in- "™®'''^^'*- 
sorting in place thereof the following : — Section 7. The PermitB may be 
board of commissioners on fisheries and game may issue sXfeeUin^ 
permits for the taking of sand eels in the tidal waters of ''^•^''i" waters. 
the Merrimac and Ipswich rivers and Plum Island sound, 
and their tributaries. Said permits shall be issued with- 
out any fee therefor, and shall be revocable at the discre- 
tion of the commissioners. 

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

Aiyproved March 12, 1902. 

An Act relative to the protection and sale of quail in ni^fir) 1g5 

THE COUNTY OF BRISTOL. 

Be it enacted, etc. , as follows : 

Section 1. Section three of chapter ninety-two of ^^^^^p^^^^' 
the Revised Laws is hereby amended by inserting after 



118 Acts, 1902. — Chap. 166. 

the word "following", in the third line, the words: — 
or, in the county of Bristol, between the fifteenth day of 
December and the first day of November following, — 
and by inserting after the word "May", in the ninth 
line, the words : — except that, in the county of Bristol, 
this period shall be from the fifteenth day of December 
to the first day of May, — so as to read as follows: — 
ra1e*ofqu"aii°'^ Sectioii 3. Whocvcr takes, kills or has in possession, or 
buys, sells or ofters for sale a quail, between the first day 
of December and the first day of October following, or, 
in the county of Bristol, between the fifteenth day of 
December and the first day of November following, when- 
ever or wherever such bird may have been taken or killed, 
shall be punished by a fine of twenty dollars for each bird ; 
but a person, firm or corporation dealing in game or en- 
gaged in the cold storage business may buy, sell or have 
in possession, and a person may buy from such person, 
firm or corporation, and have in possession if so bought, 
quail from the first day of December to the first day of 
May, except that, in the county of Bristol, this period 
shall be from the fifteenth day of December to the first 
day of May, if such quail were not taken or killed in 
this Commonwealth contrary to the provisions of this 
chapter; and a person, firm or corporation dealing in 
game or engaged in the cold storage business may have 
quail in possession on cold storage at any season, if such 
quail were not taken or killed in this Commonwealth 
contrary to the provisions of this chapter. 

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

Approved March 12, 1902. 

Chan.lGG -^ ■^^'^ "^^ exempt the towk of wtnthrop from certain costs 

FOR THE MAINTENANCE OF THE METROPOLITAN PARK SYSTEM. 

Be it enacted, etc., as foUoivs : 

tTnopexemp?" Section 1 . The town of Winthrop sliall hereafter be 
from certain cxcmpt from all costs of maintainiui^ and keepino- in re- 

coHts tor main- ^ i _ ~ x f^_ 

teiiaiice of the pair that part of the metropolitan park system which has 
parksyBtem. bccu coustructcd within the limits of the town, excepting 
such assessments for the maintenance of the metropolitan 
park system as may be imposed by law upon the said 
town in common with all other cities and towns in the 
metropolitan park district. 

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

A2)2i'>'oved March 12, 1902, 



Acts, 1902. — Chaps. 1G7, 168, 169. 119 



An Act to authorize the city of fall river to incur in- Qlinry. -xerr 

DEBTEDNESS FOR SEWERAGE PURPOSES. ^ 

Be it enacted, etc., as follows : 

Section 1. The city of Fall River, for the purposes of Rl7er°La?incur 
constructino- sewers and extendino; its sewerao;e system, indebtedDess, 

.~ . ^ . . ~ issue bonds, 

may incur indebtedness beyond its debt limit as fixed by etc. 
law, to an amount not exceeding one hundred thousand 
dollars, and may issue bonds, notes or scrip therefor. 
Said bonds, notes or scrip shall be payable within such 
period, not exceeding thirty years from the date thereof, 
and shall bear such rate of interest, as the city council 
shall determine. Except as herein otherwise provided ^'^p^iy ®**''' 
the provisions of chapter twenty-seven of the Revised 
Laws and acts in amendment thereof and in addition 
thereto shall, so far as applicable, apply to the indebt- 
edness hereby authorized and to the securities issued 
therefor. 

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

Approved March 12, 1902. 

An Act to repeal an act to provide better access for Qlinj) 1 (ig 

BOATS to MANCHESTER HARBOR UNDER THE TRACKS OF THE 
boston and MAINE RAILROAD. 

Be it enacted, etc., as follows : 

Section 1 . Chapter four hundred and ten of the acts woo, 4io, re- 
of the year nineteen hundred is hereby repealed. ^^^^ ' 

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

Approved March 12, 1902. 



Chap.Wd 



An Act relative to savings banks. 
Be it enacted, etc., as folloios: 

Section 1. Section sixteen of chapter one hundred f^en^el' ^ ^^' 
and thirteen of the Revised Laws is hereby amended by 
inserting after the word " elected", in the fifteenth line, 
the words : — and a list of the names of the corporators 
of the corporation. Said lists shall be included in the 
annual report of the corporation to the board of commis- 
sioners of savings banks, and shall be kept on file in the 
office of said commissioners for inspection by the public, 
— so as to read as follows: — Section 16. The officers officers of sav- 
of such corporation, except the treasurer, vice treasurer lufn*ap|l'olnt!^''' 

ment, etc. 



120 Acts, 1902. — Chap. 169. 

Officers of eav- and assistant treasurer, shall be chosen at its annual meet- 
tion, appoiut- ing to bc held at such time as the by-laws direct, any- 
inent.ctc. thing in its charter to the conti-ar}^ notwithstanding. 

The treasurer, vice treasurer and assistant treasurer shall 
be appointed by the trustees and shall hold office during 
their pleasure. If an office becomes vacant during the 
year, the trustees may appoint a person to fill it until 
the next annual meeting ; and if a person chosen or ap- 
pointed does not, within thirty days thereafter, take the 
oath, his office shall thereupon become vacant. The per- 
son acting as clerk at such meeting shall, within ten days 
thereafter, notify all persons elected to office ; and within 
thirty days thereafter shall publish in a newspaper pub- 
lished in the county in which the corporation is estab- 
lished a list of all persons who have taken the oath of 
office to which they were elected, and a list of the names 
of the corporators of the corporation. Said lists shall be 
included in the annual report of the corporation to the 
board of commissioners of savings banks, and shall be 
kept on file in the office of said commissioners for inspec- 
Penaity for fail- tiou bv the publlc. A clcrk wlio ueo-lccts to give such 

lire to make . . . 

puhiication, etc. uoticc or make such pul)lication or who makes a false 
publication, and a person who knowingly publishes or 
circulates, or knowingly causes to be published or circu- 
lated, a printed notice containing the name of a person 
as an officer of such corporation who has not taken the 
oath of office, shall be liable to a penalty of fifty dollars. 

R.L.ii3,§47, Section 2. Section forty-seven of said chapter one 

hundred and thirteen is hereby amended by striking out 

in the seventh line, the word "number", and inserting 

in place thereof the word : — names, — so as to read as 

Annual report foUows : — Section 47. The treasurer of such corpora- 
te be made to . 1 Ti n . , . . ,1 [, ill 

coramiBBioners tion shall annually, withm twenty aaya alter the last 
baukB. ^* business day of October, make a report to the board of 
commissioners of savings banks, showing acciu'ately the 
condition of such corporation at close of business on said 
day. The report shall be in such form as said board shall 
prescribe, and shall specify the following particulars : 
name of cori)oration and names of corporators ; place 
wiiere located ; amount of deposits ; amount of each item 
of other liabilities ; public funds, including all United 
States, state, county, city, town and district bonds, stat- 
ing each particular kind, the i)ar value, estimated market 
value and amount invested in each ; loans on public funds, 



Acts, 1902. — Chap. 169. 121 

stating amount on each ; stock in banks and trust com- Ammai report 
panics, stating par value, estimated market value and commissioners 
amount invested in each ; loans on stock in banks and bankV."^* 
trust companies, stating amount on each ; railroad bonds, 
stating par value, esthnated market value and amount 
invested in each ; loans on railroad bonds, stating amount 
on each ; loans on railroad stock, stating amount on each ; 
estimated value of real estate, and amount invested 
therein ; loans on mortgage of real estate ; loans to coun- 
ties, cities, towns or districts ; loans on personal security ; 
cash on deposit in banks and trust companies, with the 
names of such banks and trust companies and the amount 
deposited in each ; cash on hand ; the whole amount of 
interest or profits received, and the rate and amount of 
each semi-annual and extra dividend for the previous 
year ; the times for the dividends fixed by the by-laws ; 
the rates of interest received on loans ; the total amount 
of loans bearing each specified rate of interest ; the num- 
ber of outstanding loans which are of an amount not ex- 
ceeding three thousand dollars each, and the aggregate 
amount of the same ; the number of open accounts ; also 
the number and amount of deposits received ; the num- 
ber and amount of withdrawals ; the number of accounts 
opened and the number of accounts closed, severally, for 
the previous year ; and the annual expenses of the cor- 
poration ; all of which shall be certified and sworn to by 
the treasurer. The president and five or more of the 
trustees shall certify and make oath that the report is 
correct according to their best knowledge and belief. 

Section 3. No savings bank now incorporated shall ^ofto^^ccupy 
after the first day of July in the year nineteen hundred same office with 

•'. Ill c ' J.1111 «■ national banli, 

and four, and no savings bank hereaiter mcorporated shall trust company, 
after its incorporation, occupy the same office or suite of 
offices with a national bank, trust company or other bank 
of discount, nor any office directly connected by means 
of doors or other openings in partitions with the office 
or suite of offices used or occupied by any such national 
bank, trust company or other bank of discount. Any Penalty, 
savings bank violating the provisions of this section shall 
be punished by a fine of not more than five hundred dol- 
lars. 

Section 4. After the first day of July, nineteen hun- certain officers 
dred and four, no president, vice president or treasurer bMkn^tTo^ 
of a savings bank shall hold the office or perform the n°|fond bankf 



122 



Acts, 1902. — Chaps. 170, 171. 



duties of president, vice president, treasurer or cashier 
of a national bank or trust company or any other bank 
Penalty. of discouut. Wliocvcr violatcs the provisions of this sec- 

tion shall be punished by a fine of not more than five 
hundred dollars. 

Section 5. This act shall take effect upon its passage. 

Approved March 12, 1902. 



Chctn.VJO -^^ ^CT TO AUTHORIZE THE SALE OR EXCHANGE OF CERTAIN LAND 
TAKEN FOR PUBLIC PARK PURPOSES IN THE CITY OF MALUEN. 



Park commis- 
sioners of Mai- 
den may sell 
or exchange 
certain land. 



Proceeds to be 
paid into city 
treasury, etc. 



Be it enacted, etc., as follows : 

Section 1. The board of park commissioners of the 
city of Maiden is hereby authorized to sell the whole or 
any part of a strip of land on the easterly side of the 
park in Maiden, known as Huntings Field, not exceed- 
ing one hundred feet in width, and extending from Salem 
street to the southerly line of said park, or to exchange 
said strip of land or any part thereof for other land now 
abutting on said park. Said strip is bounded and de- 
scribed as follows : — Northerly by the southerly line of 
Salem street ; easterly by the easterly line of said park ; 
southerly by the southerly line of said park, and west- 
erly by a line drawn parallel to the easterly line of said 
park and one hundred feet westerly therefrom. 

Section 2. The proceeds of any sale authorized by 
this act shall be paid into the city treasury, to be ex- 
pended by said park commission, when appropriated by 
the city council, for any of the purposes authorized by 
chapter one hundred and seventy-seven of the acts of the 
year eighteen hundred and ninety-nine and acts in amend- 
ment thereof or in addition thereto. 

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

Ap)proved March 12, 1902. 



Chap.ni 



R. L.lOO 
amended. 



Fees for liquor 
licenses. 



An Act relative to fees for liquor licenses. 
Be it enacted, etc., as folloivs : 

Section 1. Chapter one hundred of the Revised Laws 
is hereby amended by striking out section twenty and in- 
serting in place thereof the following : — /Section 20. If 
a license has been surrendered and cancelled and not trans- 
feiTcd the board or authority issuing the license may issue 
another such license of the same class, and the two licenses 



Acts, 1902. — Chap. 172. 123 

shall count as one license ; and said board or authority 
shall require as a license fee for such second license a 
part of the license fee required therefor for the whole 
year proportionate to the unexpired term of the license. 
Said board or authority may in its discretion, in cases 
where two licenses of the same class have been issued for 
the same place in the same year, give a certificate to the 
party to whom the first license was issued that a part of 
the fee paid therefor proportionate to the unexpired term 
of the license is to be refunded to such party by the 
treasurer of the city or town from the fees thereafter re- 
ceived by said treasurer for licenses to sell intoxicating 
liquors. Said treasurer shall comply with the require- 
ments of such certificate, and shall retain one quarter of 
the amount so paid from any money thereafter due from 
him or the city to the Commonwealth on account of 
licenses to sell intoxicating liquors. 

Section 2. This act shall take effect on the first day to take effect 
of May in the year nineteen hundred and two. May 1,1902. 

Approved March 12, 1902. 

An Act to increase the amount of money to be placid at the f^l^r,^^ 1 70 

DISPOSAL OP the metropolitan PARK COMMISSION FOR GENERAL ^ 

PURPOSES. 

Be it enacted, etc., as follotvs : 

Section 1. The metropolitan park commission, created The metropou- 

■Li {• 1 111 PI />! ° park com- 

by chapter four hundred and seven of the acts of the year mission may 
eighteen hundred and ninety-three, for the purpose of additional sum. 
carrying out the provisions of that act and of chapter 
two hundred and eighty-eight of the acts of the year 
eighteen hundred and ninety-four and of all acts in 
amendment thereof or in addition thereto, may expend 
an additional sum of four hundred and fifty thousand 
dollars. 

Section 2. To meet the expenditures made under Metropolitan 
authority of this act the treasurer and receiver general, series Two.' 
with the approval of the governor and council, shall issue 
scrip or certificate of indebtedness, bearing interest at a 
rate not exceeding four per cent per annum, to the said 
amount of four hundred and fifty thousand dollars, as an 
addition to the Metropolitan Parks Loan, Series Two, 
at such times and in such sums as the metropolitan park 
commission shall certify to him to be necessary to meet 



124 



Acts, 1902. — Chaps. 173, 174. 



the liabilities incurred by said commission under the acts 
aforesaid, and shall add to the existing winking fund to 
provide for the payment of the same. Such scrip or 
certificates of indebtedness shall be issued and additions 
to said sinking fund shall be assessed and coUected in 
accordance with the provisions of sections eight, ten and 
eleven of said chapter two hundred and eighty-eight and 
in accordance with the provisions of chapter two hundred 
and eighty-three of the acts of the year eighteen hundred 
and ninety-five and of chapter four hundred and nineteen 
of the acts of the year eighteen hundred and ninety-nine. 
Section 3. This act shall take efiect upon its passage. 

Approved March 12, 1902. 



CJlClp.VI3 -^^ -^"^T TO AUTHORIZE AMHERST COLLEGE TO HOLD ADDITIONAL 

PROPERTY. 



May hold addi- 
tioual property. 



ProviBO. 



Be it enacted, etc., as follows : 

Section 1. The Trustees of Amherst College, for the 
purposes set forth in the act establishing said college, 
being chapter eighty-four of the acts of the year eighteen 
hundred and twenty-four, and in the several acts in addi- 
tion thereto, are hereby authorized to acquk'c by gift, 
grant, bequest, devise or otherwise, any lands, tene- 
ments or other estate, real or personal, and to hold, 
manage, and from time to time to invest and reinvest 
the same, or the proceeds of any sale thereof, for the 
purposes aforesaid : provided, that tlie net annual in- 
come of all the property so held shall not exceed the 
sum of five hundred thousand dollars. 

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

Approved March 12, 1902. 



.174 ^^ ^^'^ MAKING AN APPROPRIATION FOR IMPROVING THE CHANNEL 
AT THE ENTRANCE OP BASS RIVER, BETWEEN THE TOWNS OF 
DENNIS AND YARMOUTH. , 

Be it enactedj etc., as follows : 

Section 1. The sum of twelve thousand dollars is 
the enu-ance of hercbv appropriated, to be paid out of the treasury of 

S&8B river y x i x 7 j. •/ 

the Commonwealth, for improving the channel at the 
entrance of Bass river, between the towns of Dennis and 
Yarmouth, as authorized by chapter one hundred and 
thirteen of the resolves of the year nineteen hundred 



Chap 



Improvement 
of channel at 



Acts, 1902. — Chap. 175. 125 

and one, said sum to be in addition to the amount appro- 
priated for the same purpose hy chapter five hundred and 
thirty-two of the acts of tlie year nineteen hundred and 
one. 

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

Approved March 12, 1902. 



Chap.VI^ 



An Act in addition to the several acts making appropkia- 

TIONS FOR deficiencies IN APPROPRIATIONS FOR CERTAIN EX- 
PENSES AUTHORIZED IN THE YEAR NINETEEN HUNDRED AND ONE. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for certain ex- 
penses in excess of the appropriations therefor in the 
year nineteen hundred and one, to wit : — 

For contingent expenses of the state board of concilia- Board of con- 
tion and arbitration, the sum of two hundred sixt}" dollars aibitrauou.' 
and eighty-three cents. 

For bar examiners' expenses, the sum of six hundred exTeMe"*"^*^*' 
eight dollars and twenty-one cents. 

For incidental expenses of the state board of agricul- a*ricJitu?e °^ 
ture, the sum of thirty-eight dollars and fifteen cents, 
which shall be paid from the appropriation for the pres- 
ent year. 

For the dissemination of useful information in agricul- ^/^fgeTunufo". 
ture by the state board of agriculture, the sum of ninety- mation in agri- 
nine dollars and forty-seven cents, which shall be paid 
from the appropriation for the present year. 

For the expenses of railroad inspectors, the sum of Raikoadinspec- 
sixty-seven dollars. 

For rent of rooms for the use of the railroad commis- Railroad oom- 
sioners, the sum of four hundred twelve dollars and fifty '""'"°"'^''''- 
cents. 

For ex])enses of the nautical trainino; school, the sum of Nautical train- 
one hundred eighty-five dollars and ninety-one cents, which 
shall be paid from the appropriation for the present year. 

For the support of state insane paupers, the sum of two state insane 
thousand three hundred six dollars and fifty-three cents, p''"?®"- 

For expenses of state armories, the sum of two hundred ^*^^® armories. 
seventy-one dollars and fifty-four cents. 

For expenses of the state board of conciliation and Board of con- 

•1 •r'/» -iin !• cihation and 

arbitration, the sum oi nfty-eight dollars and iorty-seven arbitration. 



126 



Acts, 1902. — Chaps. 170, 177. 



cents, which shall be paid from the appropriation for the 
present year. 

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

Approved March 12, 1902. 



Chap.176 



Certain eum 
to be trans- 
ferred to the 
State House 
Loans Sinking 
Fund. 



An Act relative to the state house construction loan. 
Be it enacted, etc., as folloivs : 

Section 1. The treasurer and receiver general is 
hereby authorized to transfer the sum of thirty-nine 
thousand five hundred thirty-one dollars and seventeen 
cents, standnig on the books of the treasury department 
to the credit of the State House Construction Loan Fund, 
Bultinch front, to the State House Loans Sinking Fund. 

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

Approved March 12, 1902. 



ChCiP.177 ^^ ^CT TO AUTHORIZE THE AUDITOR OF ACCOUNTS TO EMl'LOY 

ADDITIONAL CLERICAL ASSISTANCE. 



R. L. 6, § 14, 
amended. 



Auditor of ac- 
counts, salary, 
clerks, etc. 



, as follows : 

Section fourteen of chapter six of the 
hereby amended by striking: out the 



IS 



Be it enacted, etc 

Section 1 . 
Kevised Laws 

word "three", in the eighth line, and inserting in place 
thereof the word : — four, — so as to read as follows : — 
Section 14. He shall receive an annual salary of thirty- 
five hundred dollars. He may employ in his oiEce one 
clerk at a salary of twenty-five hundred dollars a } ear, 
one clerk at a salary of twenty-two hundred dollars a 
year, three clerks at a salary of fifteen hundred dollars 
a year each and a messenger at a salary of not more than 
nine hundred dollars a year. He may also employ such 
additional clerical assistance as may be necessary at an 
expense not exceeding four thousand dollars a year. If, 
by reason of sickness, absence or other cause, the auditor 
is temporarily unable to perform the duties of his ofiice, 
the first clerk in his oiBce shall act as his deputy and 
perform the duties of the auditor until such disability 
ceases. 

Section 2. This act shall take effect u])on its passage. 

Approved March 12, 1902. 



Acts, 1902. — Chaps. 178, 179, 180. 127 



An Act to authorize the board of commissioners on fisheries QJian.VIS 

AND GAME TO MAKE CERTAIN INVESTIGATIONS. 

Be it enacted, etc., as folloios : 

Section 1. The authority of the commissioners on Authority of 

^ , . T 1 11 j_ 1 i J.1 • i- i.' i> commissionere 

Dsheries and game shall extend to the investigation oi on fisheries and 
tiuestions relating to fish and fisheries, or to game, and k'^® extended. 
they may from time to time, personally or by assistants, 
institute and conduct inquiries pertaining to such ques- 
tions. 

Section 2. This act shall take effect ui)on its passage. 

Approved 3farch 12, 1902. 

An Act in further addition to the several acts making QJiafj^YlQ 

APPROPRIATIONS FOR DEFICIENCIES IN APPROPRIATIONS FOR CER- 
TAIN expenses AUTHORIZED IN THE YEAR NINETEEN HUNDRED 
AND ONE. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are Appropriations. 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for certain ex- 
penses in excess of the appropriations therefor in the 
year nineteen hundred and one, to wit : — 

For the expense of caring for the United States steamer u. s. steamer 
Inca, the sum of seven hundred ninety-three dollars and 
nineteen cents. 

For expenses in connection with the steamer Lexing- steamer Lex. 
ton, under the charge of the district police, the sum of 
three hundred eighty-eight dollars and three cents. 

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

A2)2yroved March 12, 1902. 

An Act relative to the charter of the city of haverhill. QJidn^lQO 

Be it enacted, etc., as folloios : 

Section 1. Section five of chapter four hundred and amended.^ ^' 
thirty-eight of the acts of the year nineteen hundred 
and one is hereby amended by striking out the whole 
of said section and inserting in place thereof the fol- 
lowing : — Section 5. The municipal election shall take Municipal eiec- 
place annually on the second Tuesday of December, and ip°a'i year!"""'''' 
the municipal year shall begin at ten o'clock in the fore- 
noon on the first Monday of January, and continue until 



128 



Acts, 1902. — Chap. 180. 



1901, 438, § 43, 
amended. 



Mayor and 
aldermen may 
lay out side- 
walks, etc. 



May cause side- 
walks to be 
paved. 



Laying out of 
streets and 
ways, assess- 
ment of dam- 
ages, etc. 



Drains and 
common sewers 
may be laid 
through streets 
or private 
lands, etc. 



ten o'clock in the forenoon on the first Monday of the 
following eJanuary. 

Section 2. Section forty-three of said chapter is 
hereby amended by striking out the words ' ' and keep 
the same in good repair", in the fifth and sixth lines, by 
striking out the words "and kept in good repair", in the 
twelfth and thirteenth lines, and by striking out the 
words "and of keeping the same in good repair", in 
the fifteenth and sixteenth lines, — so as to read as 
follows: — Section 43. The mayor and aldermen shall 
have the power to lay out sidewalks, and to fix the 
width, height and grade of the same, and to require all 
persons owning land abutting on such sidewalks to pave 
the walks with brick, stone or cement, as they may 
direct, the city first setting the curbstones and paving 
the gutters ; and in case any person owning land as 
aforesaid shall neglect or refuse to comply with the 
requirements of the mayor and aldermen, after receiving 
due notice of such requirements, the mayor and aldermen 
shall have power to cause such sidewalks to be paved, 
according to said requirements, and may recover of the 
owner in an action of tort, in the name of the city, the 
expense of paving. The mayor and aldermen shall have 
the same powers in relation to the laying out, acceptance, 
altering or discontinuing of streets and ways, and the 
assessment of damages, which selectmen and inhabitants 
of toAvns now have by laAV. Any person aggrieved by 
any proceedings of the mayor and aldermen under this 
provision shall have all the rights and privileges now 
allowed in appeals from the decisions of selectmen or of 
the inhabitants of towns. No street or way shall here- 
after be opened in the city of Haverhill over any private 
land by the owners thereof, and dedicated to or permitted 
to be used by the public, of a width less than forty feet, 
except with the consent of the mayor and aldermen in 
writing. The mayor and aldermen shall also have 
authority to cause drains and common sewers to be 
laid through any street or private lands, paying the 
owners the damages sustained thereby, such damages to 
be assessed in the same manner as damages are assessed 
in the laying out of town ways, and to require all 
persons to pay a reasonable sum for the privilege of 
opening any drain into such public drain or common 
sewer, and also to require that private drains shall be 



Acts, 1902. — Chap. 180. 129 

conducted into the public drain or sewer, in case the 
mayor and aldermen shall judge the same necessary or 
proper for the health and cleanliness of the city. 

Section 3. Section fifty-one of said chapter is hereby woi, 438, § 51, 
amended by striking out the whole of said section and ""'''°'^^'^- 
inserting in place thereof the following: — Section 51. f^fg^^^a mm^t *" 
After the expiration of the financial year and before the certain' uabiu- 
making of the regular appropriations, liabilities payable 
out of a regular appropriation may be incurred by the 
school committee to an amount not exceeding one sixth 
of the total of the appropriation made for similar pur- 
poses in the preceding 3'ear. 

Section 4. At the annual state election in the year Question of 
nineteen hundred and two the following question shall be submutedVo" 
submitted to the (jualified voters of the city of Haverhill "'°^^^^' 
upon the ofiicial ballots used at said election : — Shall an 
act passed by the general court in the year nineteen hun- 
dred and one, entitled "An act to revise the charter of 
the city of Haverhill ", as amended by the acts of the year 
nineteen hundred and two, be accepted? said question to 
be printed upon said official ballots after the list of can- 
didates. If a majority of the votes cast at said election when to take 
upon said question shall be in favor of the acceptance of ^^^''^' 
said act as amended, then said chapter four hundred and 
thirty-eight of the acts of the year nineteen hundred 
and one, as amended by this act, shall, for the municipal 
election and for the election of municipal officers, take 
effect upon its acceptance, and for all other purposes it 
shall take eft'ect at the beginning of the municipal year 
in the January next following, and shall thereafter be the 
charter of the city of Haverhill. 

Section 5. All acts and parts of acts inconsistent Repeal, etc. 
herewith are hereby repealed ; l)ut the acceptance of said 
chapter four hundred and thirty-eight, as amended by this 
act, by the city of Haverhill, shall not aft'ect the term of 
office of the city clerk as fixed by chapter three hun- 
dred and thirty-two of the acts of the year nineteen 
hundred and one, which act has been accepted by the 
city of Haverhill. 

Section 6. This act shall take effect upon its passage. 

Approved March 12, 1902. 



130 



Acts, 1902. — Chaps. 181, 182. 



Certain allow- 
auce may be 
made in eeti- 
raatliig value of 
property, etc., 
of the Old 
Colony Rail- 
road Company 
for taxation. 



Cy^tt/?.181 ^N Act kelative to the taxation of the old colony rail- 
road COMPANY. 

Beit enacted, etc., as foUoios : 

Section 1. In estimating tlic value of the corporate 
franchise and property of the Old Colony Railroad Com- 
pany for taxation the tax commissioner may make an 
equitable allowance for the value of such of its shares 
of stock as may have been lawfully issued in exchange 
for shares of the Old Colony Steamboat Company, under 
the authority of chapter four hundred and fifty-one of the 
acts of the year eighteen hundred and ninety-three ; but 
such allowance shall be made only while the shares so 
taken in exchange remain in the treasury of the Old 
Colony Railroad Company, and while a tax is assessed 
and actually paid on the corporate franchise of the Old 
Colony Railroad Company. 

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

Approved March 12, 1902. 



Chap 



1901, 349, § 2, 
amended. 



Town of Wil- 
Uamsliiirg may 
take certain 
waters, lauds, 
etc. 



.182 ^^ -^^'^ '^^ AUTHORIZE THE TOWN OF WILLIAMSBURG TO INCREASE 
ITS WATER SUPPLY AND TO INCUR INDEBTEDNESS FOR THAT 
PURPOSE. 

Be it enacted, etc. , as follows : 

Section 1. Section two of chapter tliree hundred and 
forty-nine of the acts of the year nineteen hundred 
and one is hereby amended by inserting after the word 
"branch", in the third line, the words : — and the west 
branch, — by striking out the words "and all its tribu- 
taries", in the same line, by inserting after the word 
"river", at the end of said line, the words: — and of 
Unquomonk brook, and of all their tributaries, — and by 
striking out the word " and", in the tenth line, and in- 
serting in place thereof the words : — iirovided, that no 
source of water supply for domestic purposes, and no 
lands necessary for preserving the quality of such water, 
shall be taken Avithout first obtaining the advice and a^)- 
proval of the state board of health. Said town, — so as 
to read as follows : — Section 2. Said town, for the pur- 
poses aforesaid, may take, by purchase or otherwise, and 
hold the Avaters of the east branch and the Avcst branch 
of Mill river, and of Uncjuomonk brook, and of all their 
tributaries, in said town of AVilliamsburg, and the waters 



Acts, 1902. — Chap. 182. 131 

Avhich 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 preserving such water and for conveying the same 
to any part of the said town, and for constructing and 
maintaining ponds '.provided, that no source of water sup- Proviso. 
ply for domestic purposes, and no lands necessary for 
preserving the quality of such water, shall be taken with- 
out first obtaining the advice and approval of the state 
board of health. Said town may erect on the land thus May erect 
taken, purchased or held, proper dams, buildings, fixtures p\peB%?c!' *^ 
and other structures, and may make excavations, procure 
and operate machinery, and provide such other means and 
appliances as may be necessary for the establishment 
and maintenance of complete and eftective water works ; 
and may construct and lay conduits, pipes and other 
works, under and over any land, water courses, railroads 
or public or private ways, and along any such ways in 
such manner as not unnecessarily to obstruct the same ; 
and for the purpose of constructing, maintaining and re- 
pairing such conduits, pipes and other works, and for all 
proper purposes 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 2. Section five of said chapter is hereby 1901,349, §5, 
amended by striking out the Avord ' ' forty ", in the fourth "'^'^° 
line, and inserting in place thereof the word : — fifty, — 
so as to read as follows : — Section 5. Said town may, wiiuamsburg 
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 the face thereof the words, Williams- 
burg 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 sinking fund, 

etc. 



132 Acts, 1902. — Chap. 183. 

the interest on the loan as 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 suiBcient with the accumulations thereof to 

pay the principal of the loan at maturit3^ The sinking 
fund shall remain inviolate and pledged to the payment 
of said loan and shall be used for no other purpose. 
Section 3. This act shall take effect upon its passage. 

Approved March 12, 1902. 



Chcqy.lSd 



An Act kelative to the employment of certain minors. 
Be it enacted^ etc., as follows : 
R.L.106, §35, Section 1. Section thirty-five of chapter one hun- 

amended. . e. \ -n • ^ 4 -i 

dred and six of the Kevised Laws is hereby amended by 
striking out the word "cannot", in the third line, and 
inserting in place thereof the words : — does not have a 
certificate signed by the superintendent of schools, or b}^ 
the school committee, or by some person acting under 
authority thereof, certifying to the minor's ability to, — 
also by inserting after the word "cause", in the seven- 
teenth line, the words: — Any minor not holding the 
certificate described above shall furnish to his emplo3^er 
a record of his school attendance each week while the 
evening school is in session, and wdien this record shows 
unexcused absences from the sessions his attendance shall 
be deemed irregular according to this act, — so as to 
Illiterate minore read as follows : — Section 35. While a public evening 
ployed, unless, scliool is maintained in the city or town in which any 
minor who is over fourteen years of age and wdio does 
not have a certificate signed by the superintendent of 
schools, or by the school committee, or by some person 
acting under authority thereof, certifying to the minor's 
ability to read at sight and write legibly simple sentences 
in the English language resides, no person shall employ 
him and no parent, guardian or custodian shall permit him 
to be employed unless he is a regular attendant at sut^h 
evening school or at a day school ; but, upon presenta- 
tion by such minor of a certificate signed by a registered 
practising physician and satisfactory to the superintend- 
ent of schools, or, if there is no such superintendent, to 
the school committee, showing that his physical condition 
would render such attendance in addition to daily labor 
prejudicial to his health, said superintendent or school 



Acts, 1902. — Chaps. 184, 185. 133 

committee shall issue a permit authorizing the employ- 
ment of such minor for such period as said superintendent 
or school committee may determine. Said superintendent 
or school committee, or teachers acting under authority 
thereof, may excuse any absence from such evening school 
which arises from justifiable cause. Any minor not hold- 
ing the certificate described above shall furnish to his 
employer a record of his school attendance each week 
while the evening school is in session, and when this 
record shows unexcused absences from the sessions his 
attendance shall be deemed irregular according to this 
act. Whoever employs a minor in violation of the pro- Penalty, 
visions of this section shall forfeit not more than one 
hundred dollars for each oftence to the use of the even- 
ing schools of such city or town. A parent, guardian 
or custodian who permits a minor under his control to be 
employed in violation of the provisions of this section 
shall forfeit not more than twenty dollars to the use of 
the evening schools of such city or town. 

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

Approved March 13^ 1902. 

An Act to extend the time for completing and operating /^/i/yjj 1S4 

THE MOUNT WACHUSETT STREET RAILWAY. ^ 

Be it enacted, etc., as folloios : 

Section 1. Section seven of chapter four hundred i^oi.fs §7, 
and thirty -two 01 the acts of the year nineteen hundred 
and one is herel)y amended by striking out the word 
"two", in the last line, and inserting in place thereof 
the word : — tliree, — so as to read as follows : — Section Time extended. 
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 nine- 
teen hundred and three. 

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

Approved March 13, 1902. 

An Act making an appropriation for dedicating the monu- nj^f^rf. IQ/^ 

MENT ON DORCHESTER HEIGHTS IN THE CITY OF BOSTON. ^ * 

Be it enacted^ etc., as follows : 

Section 1. The sum of five thousand dollars is hereby Dedication of 
appropriated, to be paid out of the treasury of the Com- Do?"h?8ter°" 

Heights. 



134 Acts, 1902. — Chaps. 186, 187. 



mon wealth, and to be expended under the direction of 
the governor and council for the payment of expenses 
in connection with dedicating, on Evacuation Day, the 
seventeenth of March of the present year, the monument 
on Dorchester Pleights in the city of Boston. 

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

Approved March 14, 1002. 

ChctvAS() ^^ -^^^ '^'^ PROVIDE THAT THE TOWN OF RUTLAND SHALL BE IN- 
CLUDED IN THE JUDICIAL DISTRICT OF THE CENTRAL DISTRICT 
COURT OF WORCESTER. 

Be it enacted, etc., as follows : 
Town of Rut- Section 1. The town of Rutland is hereby annexed 

laud auuexed to . ^ .^ 

judicial diHtrict to and uiadc a part of the judicial district of the central 
district court disti'lct coui't of Worccstcr, but this act shall not att'ect 
any suit or other proceeding pending at the time of its 
taking effect. 

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

Approved March 14, 1902. 

Chcin.\S7 -^^ -^^^ ^^ AUTHORIZE CITIES AND TOWNS TO REGULATE AND 

LICENSE JUNK COLLECTORS. 

Be it enacted, etc., as follows : 

?m^nded' ^ ^^' Section 1 . Scction twenty-nine of chapter one hun- 
dred and two of the Revised Laws is hereby amended 
by striking out all after the word "town", in the sixth 
line, and inserting in place thereof the Avords : — They 
may also license suitable persons as junk collectors, to 
collect, by purchase or otherwise, junk, old metals and 
second hand articles from place to place in such city or 
town ; and they may provide that such collectors shall 
display badges upon their persons or upon their vehicles, 
or upon both, when engaged in collecting, transporting or 
dealing in junk, old metals or second hand articles ; and 
may prescri})c the design thereof. They may also provide 
that such shops and all articles of merchandise therein, 
and any place, vehicle or receptacle used for the collec- 
tion or keeping of the articles aforesaid, may be examined 
at all times by the mayor and aldermen or selectmen, or 
by any })erson by them res})ectivel3^ authorized thereto. 
The aforesaid licenses may be revoked at pleasure, and 
shall be subject to the provisions of sections one hundred 



Acts, 1902. — Chap. 187. 135 

and eighty-six to one hundred and eighty-nine, inclusive, 

of this chapter, — so as to read as follows : — Section 29. ^^''^^i^^^^^^^^ 

The mayor and aldermen of any city except Boston, and 

in Boston, the board of police, and the selectmen of any 

town, if ordinances or by-laws therefor have been adopted 

in such city or town, may license suitable persons to be 

dealers in and keepers of shops for the purchase, sale or 

barter of junk, old metals or second hand articles, in such 

city or town. They may also license suitable persons as 

junk collectors, to collect, by purchase or otherwise, 

junk, old metals and second hand articles from place to 

place in such city or town ; and they may provide that 

such collectors shall display badges upon their persons 

or upon their vehicles, or upon both, when engaged in 

collecting, transporting or dealing in junk, old metals or 

second hand articles ; and may prescribe the design 

thereof. They may also provide that such shops and all ft^e^^^'aTbe''^^^ 

articles of merchandise therein, and any place, vehicle or examined, etc. 

receptacle used for the collection or keeping of the articles 

aforesaid, may be examined at all times by the mayor 

and aldermen or selectmen, or by any person by them 

respectively authorized thereto. The aforesaid licenses Licenses may 

may be revoked at pleasure, and shall be subject to the ^« ''®^°'"^''' ^t''- 

provisions of sections one hundred and eighty-six to one 

hundred and eighty-nine, inclusive, of this chapter. 

Section 2. Section thirty of said chapter is hereby r. L.102, §30, 
amended by inserting after the word "shop", in the *'"^'^^®^- 
sixteenth line, the words: — and no junk collector, — 
by inserting after the word "received", in the nineteenth 
line, the words : — by such shopkeeper, — and by insert- 
ing after the word " thereof", in the twenty-second line, 
the words: — and no junk collector, — so as to read as 
follows : — Section 30. A city or town may provide by oities and 
ordinance or by-law that every keeper of a shop for the mriTe^ure^s for 
purchase, sale or barter of junk, old metals or second ^j^^deaiere, 
hand articles, within its limits, shall keep a book, in 
which shall be Avritten, at the time of every purchase 
of any such article, a description thereof, the name, age 
and residence of the person from whom, and the day and 
hour when, such purchase was made ; that such book shall 
at all times be open to the inspection of the mayor 
and aldermen or selectmen and of any person by them 
respectively authorized to make such inspection ; that 
every keeper of such shop shall put in a suitable and con- 



13(3 



Acts, 1902. — Chap. 187. 



R. L. 102, § 32, 
amended. 



Penalty for 
violation of 
rules, etc. 



spicuous place on his shop a sign having his name and 
occupation legibly inscribed thereon in large letters ; that 
•such shop, and all articles of merchandise therein, may be 
at all times examined by the mayor and aldermen or select- 
men, or by any person by them respectively authorized to 
make such examination ; and that no keeper of such shop 
and no junk collector shall, directly or indirectly, either 
purchase or receive by way of barter or exchange any of 
the articles aforesaid of a minor or apprentice, knowing 
or having reason to believe him to be such ; and that no 
article purchased or received by such shopkeeper shall 
be sold until at least one week from the date of its pur- 
chase or receipt has elapsed. A city or town may also 
prescribe in like manner the hours in Avhich such shops 
shall be closed, and that no keeper thereof and no junk 
collector shall purchase any of the articles aforesaid dur- 
ing such hours. 

Section 3. Section thirty-tw^o of said chapter is hereby 
amended by inserting after the word ' ' dealer ", in the 
second and also in the third line, the words : — or junk 
collector, — so as to read as follows: — Section 32. 
Whoever, not being so licensed, keeps such shop or is 
such dealer or junk collector in such city or town, or, 
l)eing licensed, keeps such shop or is such dealer or junk 
collector in any other place or manner than that desig- 
nated in his license or after notice to him that his license 
has been revoked, shall forfeit twenty dollars for each 
offence ; and whoever violates any rule, regulation or 
restriction contained in his license shall forfeit not more 
than twenty dollars for each offence. 

Section 4. Section one hundred and eighty-six of 
said chaj)ter is hereby amended by inserting after the 
word "articles", in the second line, the words: — junk 
F^™'/^?".*!"**'' <^ollectors, — so as to read as follow^s : — Section 186. 
Licenses granted to keepers of intelligence offices, dealers 
in junk, old metals and second hand articles, junk collect- 
ors, pawnbrokers and keepers of billiard saloons, pool or 
sippio rooms or tables, bowling alleys, skating rinks and 
picnic groves, shall be signed by the clerk of the city or 
town in which they are granted, except in Boston, where 
they shall be signed by a majorit}^ of the board of police. 
Every such license shall, before being delivered to the 
licensee, be recorded by the clerk of the city or town, 
or in Boston, by the clerk of the board of police, in a 



R. L. 102, § 186, 
amended. 



etc., of certain 
liceuseu. 



Acts, 1902. — Chaps. 188, 189. 137 

book kept for that purpose. Such license shall set forth 
the name of the licensee, the nature of the business, and 
the building- or place in such city or town in which it is 
to be carried on, and shall continue in force until the first 
day of May following, unless sooner revoked. The board 
issuing such a license shall, except as provided in section 
forty, receive, for the use of the city or town, such 
amount, not less than two dollars for each license, and 
in Boston, for a pawnbroker's license such amount, not 
less than ten dollars, as the board considers reasonable. 

Section 5. The powers and duties conferred and anrdluiesTrbe 
imposed by sections twenty-nine and one hundred and L^o"g\*'^,f '" 
eightj^-six of chapter one hundred and two of the Re- board of police. 
vised Laws, as hereby amended, shall in the city of 
Lowell be exercised by the board of police. 

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

Ap2iroved March 14, 1902. 

An Act to authorize the selectmen of the towns of tisbury (^hffj^ I^Q 

AND cottage city TO GRANT LICENSES TO PLANT, GROAY AND DIG 
oysters in lagoon pond in SAID TOWNS. 

Be it enacted, etc., as folloios : 

The selectmen of the town of Tisbury and the select- f icenses may 

n -i f /-i /^^• T f be granted to 

men oi the town oi Cottage City may grant a license tor plant, grow, 
a term not exceeding twenty years to any inhabitant of Lagoon''pond.° 
their respective towns to plant, grow and dig oysters, at 
all times of the year, in Lagoon pond in said towns. 

AjijJroved March 19, 1902. 



CJuqj.lSd 



An Act to authorize the metropolitan water and sewer- 
age BOARD TO FURNISH WATER TO COMPANIES OWNING WATER 
pipe systems in SECTIONS OF CERTAIN CITIES AND TOWNS. 

Be it enacted, etc., as folloios : 

Section 1. The metropolitan water and sewerage Tiie metropoii- 
board may from time to time furnish water to any water lewera^ge board 
company which owns the water pipe system in a section "ateMo^certaiu 
of a city or town, for the supply of such section, although companieB. 
the city or town, or a part of the city or town, is within 
ten miles of the state house, and the city or town has 
not been admitted into the metropolitan Avater district, 
on payment by the water company of such sum of money 
as the said board may determine : provided, however, proviso. 



138 Acts, 1902. — Citap. 190. 

tliat the sum so determined in any case shall in the 
opinion of the board exceed the proper proportion of 
the entire assessment which would be imposed upon the 
city or town were it a part of the metropolitan district. 
Section 2, This act shall take eflect upon its passage. 

A}yproved March 19, 1902. 

Chc(p.\00 An Act relative to vaccination. 

Be it enacted, etc., as folloivs : 

^m^uded,^ ^^^' Section 1. Section one hundred and thirty-seven 
of chapter seventy-five of the Revised Laws is hereby 
amended by striking out in the fifth and sixth lines, the 
words " being over twenty-one years of age and not 
Cities and uudcr guardianship ", so as to read as follows : — /Section 
vaccination ill 137. Tlic boai'd of health of a city or town if, in its 
ceitaiu cases, opinion, it is ncccssary for the public health or safety 
shall require and enforce the vaccination and re-vacci- 
nation of all the inhabitants thereof and shall provide 
them with the means of free vaccination. AVhoever re- 
fuses or neglects to comply with such requirement shall 
forfeit five dollars, 
fii^nd^ed ' ^^^' SECTION 2. Scction onc hundred and thirty-nine of 
said chapter is amended by striking out the whole of said 
section and inserting in place thereof the following : — 
exempt from""^ Secf'ion 139. Any person over twenty-one years of age 
vaccimitton^ who prcscuts a Certificate signed by the register of a 
probate court that he is under guardianship shall not be 
subject to the provisions of section one hundred and 
thirty-seven ; and any child who presents a certificate, 
signed by a registered physician designated by the parent 
or guardian, that the physician has at the time of giving 
the certificate personally examined the child and that he 
is of the opinion that the physical condition of the child 
is such that his health will be endangered by vaccination 
shall not, while such condition continues, be subject to 
the provisions of section six of chapter forty-four of the 
Revised Laws or of the three preceding sections of this 
chapter ; and the parent or guardian of such child shall 
not be liable to the penalties imposed by section one 
hundred and thirty-six of this chapter. 

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

Approved March 19, 1902. 



Acts, 1902.— Chaps. 191, 192. 139 



An Act to extend the time within which the Berkshire (lJi(ij),']_Q'\_ 

AND CANAAN STREET RAILWAY COMPANY MAY CONSTRUCT ITS 
RAILWAY. 

Be it enacted, etc., as follotus : 

Section 1. Section eight of chapter four hundred amended.^ ^' 
and sixteen of the acts of the year eighteen hundred and 
ninety-nine is hereby amended by striking out the word 
"tliree", in tlie third line, and inserting in place thereof 
the word : — five, — so as to read as follows: — tSect ion Time exteudnd. 
8. The authority herein granted shall cease if the pro- 
posed road is not constructed and put in operation within 
five years from the passage of this act. 

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

Approved March 19, 1902. 



An Act to abolish the board of commissioners of state aid 
and the office of state pension agent and to provide for 
the appointment of a commissioner and a deputy commis- 
sioner of state aid and pensions. 



C%9.192 



Be it enacted, etc. , as follows : 

Section 1. The board of commissioners of state aid Board of com- 
and the office of state pension agent are hereby abolished, state aid and 

o r> rni -ji ii i • i office of state 

Section z. ihe governor, with the advice and con- pension agent 
sent of the council, shall appoint for the term of three ^,^°"«^^'^; 

' i A ^ , Commissioner 

years a commissioner and deputy commissioner of state and deputy 
aid and pensions. The commissioner shall have the of state aid and 
powers and duties heretofore conferred and imposed upon porntmra't?^ 
the board of commissioners of state aid and the state Payers, duties, 
pension agent, and the deputy commissioner shall be sub- 
ject to the direction and control of the commissioner. 
In case the commissioner is temporarily absent or unable 
from any cause to perforin the duties of his office the 
deputy shall perform the duties of the commissioner until 
such absence or disability ceases. Said commissioner 
shall receive an annual salary of twenty-five hundred 
dollars, and said deputy commissioner shall receive an 
annual salary of two thousand dollars, and each shall de- 
vote liis whole time to the duties of his office. 

Section 3. Said commissioner shall determine all con- commissioner 
troversies between invalid pensioners and city and town cer'tain^lTtro. 
authorities relative to claims for state aid. He may re- ^ersies.etc. 



140 



Acts, 1902. — Chap. 193. 



An appeal may 
be taken. 



Clerical assist- 
ance, agents, 
etc. 



Repeal. 



When to take 
effect. 



fuse to decide on the necessity of the claimants for aid, 
but if he shall determine that the claimant is entitled 
thereto he may authorize its payment to him monthly 
for not more than one year, under such limitations as he 
may impose. An appeal may be taken from his deter- 
mination to the governor and council, whose decision 
shall be final. 

Section 4. Said commissioner may appoint a chief 
clerk at a salary of fifteen hundred dollars a year ; two 
agents each at a salary of thirteen hundred dollars a year ; 
one agent at a salary of one thousand dollars a year ; one 
special agent at a salary of three hundred dollars a year ; 
one bookkeeper at a salary of thirteen hundred dollars a 
year ; one clerk at a salary of one thousand dollars a year ; 
and three clerks each at a salary not exceeding eight hun- 
dred and forty dollars a year. The civil service rules 
shall not apply to the appointment hereunder of any per- 
son who is now in the service of either of the depart- 
ments hereby abolished. 

Section 5. Section eight of chapter seventy-nine of 
the Revised Laws and all other acts and parts of acts 
inconsistent herewith are hereby repealed. 

Section (>. So much of section two of this act as 
authorizes the appointment of said commissioner and 
deputy commissioner shall take efiect upon the sixteenth 
day of June in the year nineteen hundred and two, and 
the remainder of this act shall take efiect as soon as the 
commissioner and deputy conmiissioner are appointed and 
qualified. Approved March 19, 1902. 



C//rn>.193 -^^ -^CT TO AUTHORIZE THE TOWN OF EASTHAMPTON TO TAKE AN 
ADDITIONAL WATER SUPPLY AND TO MAKE AN ADDITIONAL 
WATER LOAN. 

Be it enacted, etc., as foUoivs : 
Town of East. Section 1. The towu of Easthampton, for the pur- 

liampton may ti- it«. • 

take certain posc of establishing a ucw watcr supply and ot increasing 
sary real estate, Its prcsciit watcr supply, may take, hold and convey into 
and through the town and through the town of West- 
hampton and the city of Northampton the waters of 
Sodden brook and North brook, so-called, tributaries of 
the north branch of the Manhan river, so-called, in the 
town of Westhampton, and any tributaries of said brooks, 
and may also take by i)urchase or otherwise and hold an}' 



Acts, 1902. — Chap. 193. 141 

rights of way, casements or real estate necessary for la}'-- 
ing, constructing and maintaining pipes, aqueducts, Avater 
courses, reservoirs, dams, filter galleries and such other 
works as may be deemed necessary for collecting, purify- 
ing, storing, discharging, conducting and distributing 
said waters or for preserving the purity thereof: provided^ Provieos. 
however, 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 i^rovided, further, 
that water for domestic pur})oses 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 town shall, within sixty days after DeBcnptionof 
taking for the purposes of this act any lands, rights of b'e^reco^rded." 
way, water rights, water sources or easements aforesaid, 
other Avise than by purchase, file and cause to be recorded 
in the registry of deeds for the county of Hampshire a 
description thereof sufficiently accurate for identification, 
with a statement, signed by the selectmen and counter- 
signed by the board of water commissioners, of the pur- 
poses for which the same were taken. 

Section o. The town, for the purposes aforesaid, may Town may con- 
construct and maintain aqueducts, dams, reservoirs, filter aqu'educte^' 
galleries and other proper works ; may erect buildings •^'*™*' ^*''- 
and machinery ; may make and establish such public foun- 
tains 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 establish the rates to be 
paid therefor ; and may collect the rates by process of 
law. The town may also, for the purposes aforesaid, 
carry any pipe, drain or aqueduct over or under any 
river, water course, railroad, railway, 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 purpose of lajdng, maintaining or repairing any pipe, 
drain or aqueduct, and may do any other thing necessar}^ 
and proper in executing the purposes of this act. 

Section 4. The town 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 town under 
authority of this act. Any person or corporation sus- 
taining damages as aforesaid, and failing to agree with 
the town as to the amount thereof, may have them deter- 



142 



Acts, 1902. — Chap. 193. 



Easthamplon 
I'liblic 'Water 
Supply Loan. 



Penalty for cor- 
ruption of 
water, etc. 



When to take 
effect. 



mined in tho. manner provided by law in the case of land 
taken for 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 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 town 
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 two hun- 
dred and lifty-two of the acts of the year eighteen hundred 
and ninety-one, the town of Easthampton may issue notes, 
bonds or scrip, to be denominated on the face thereof, 
Easthampton Public Water Supply Loan, to an amount 
not exceeding one hundred and thirty thousand dollars, in 
addition to the amounts heretofore authorized by law to 
be issued by the town for the same purpose. Such notes, 
bonds or scrip shall be issued upon the terms and condi- 
tions specified in said chapter two hundred and fifty-two ; 
and sections five and six of that chapter shall apply, so 
far as practicable, to the loan herein authorized. 

Section G. Whoever wantonly 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 town under authority of this act, shall forfeit 
and pay to the town 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 afore- 
said may also be punished by fine not exceeding three hun- 
dred dollars or by imprisonment in the house of correction 
for a term not exceeding one year. 

Section 7. This act shall take effect upon its accept- 
ance by a vote of two thirds of the voters of the said town 
present and voting thereon at any legal town meeting 
called for the purpose within tlu-ee years after its passage ; 
but the niunber of such meetings shall not exceed three 
in any one year. At such meetings the votes shall be 
taken by written or printed ballots and the polls shall l)c 
kept open at least four hours. At such meetings the 



Acts, 1902. — Chaps. 194, 195, 19(5, 197. 143 

selectmen shall preside, and in receiving said ballots the 
check list shall be used, in the same manner as it is used 
at elections of national, state and county officers. 

Approved March 19, 1902. 

An Act to extend the time avithin which the city of bkock- (Jlinij \^A^ 

TON MAY INCREASE ITS WATER SUPPLY. 

Be it enacted^ etc., as follows : 

Section 1. The provisions of chapter three hundred Time extended. 
and fifty-six of the acts of the year eighteen hundred and 
ninety-nine, authorizing the city of Brockton to take an 
additional water supply, are hereby extended for the 
period of three years from the tenth day of May in the 
year nineteen hundred and two. 

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

Aj)proved March 19, 1902. 

An Act to authorize the supreme council of the royal nhnj) 295 

ARCANUM TO ADMIT TO MEMBERSHIP PERSONS BETWEEN THE 
AGES OF EIGHTEEN AND TWENTY-ONE YEARS. 

Be it enacted, etc., as follows : 

Section 1 . The Supreme Council of the Royal Ar- Royai Arcanum 
canum, in addition to its existing powers, may admit as t^m pewonrto 
members and issue l)encfit certificates to persons between "membership. 
the ages of eighteen and twenty-one years. 

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

Approved March 19, 1902. 

An Act relative to reports from probation officers of the ni^f,^^ IQfi 

SUPERIOR court. ^ ' 

Be it enacted, etc., as follows : 

Section 1. The probation officers of the superior Probation om. 
court shall make to the board of prison commissioners court°to make""^ 
such reports as said commissioners shall require. reports. 

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

Approved March 19, 1902. 

An Act to incorporate the hadley water company. OJion 197 

Be it enacted, etc., as follows : 

Section 1. John J. Kirkpatrick, Daniel O'Connell, uadiey water 

I . ' . ' Company in- 

Junior, and John J. Sullivan, their associates and sue- corporated. 



144 



Acts, 1902. — Chap. 197. 



May take cer- 
tain water, 
lands, etc. 



Provleo. 



■Description of 
lands, etc., to be 
recorded. 



May acquire 
other sources of 
water supply, 
etc. 



(Capital stock, 
etc. 



cessors, are hereby made a corporation by the name of 
the Had ley Water Company, for the purpo.^e of suppl}^- 
ing the inhabitants of the town of Hadley with water for 
the extinguishment of hres and for domestic, manufactur- 
ing and other purposes. 

Section 2. Said corporation, for the purposes afore- 
said, may lease, take or acquire by purcliase or otherwise, 
as provided in the following section, the water of Hart's 
brook, so-calk^d, or any of its tributaries, together with 
such adjacent lands as may be necessary for the preserva- 
tion of the purity of the water, and for the location of a 
standpii)e ; also the rights of Avay and easements neces- 
sary for holding and preserving said water and for con- 
vejMiigthe same across private lands, if necessary for the 
purposes aforesaid; also any water necessary for supplying 
that part of said town called North Hadley, and such ad- 
jacent lands as may be necessary for the preservation of 
the purity of the water, or for the location of astandpi})e, 
and rights of way and easements necessary for holding 
and preserving said water and convejdng the same across 
private lands, if necessary for the purposes aforesaid : 
provided, that no source of water supply shall be taken 
under this act for domestic pur]30ses without the advice 
and approval of the state board of health. 

Section 3. Said corporation shall within sixty da3^s 
after taking any lands, rights of way, water rights, water 
sources or easements as aforesaid, other than by purchase, 
cause to be recorded in the registry of deeds for Hamp- 
shire county a description and map thereof sufficiently 
accurate for identification, Avith a statement signed by the 
president and treasurer of the corporation of the purpose 
for which the same were taken. The recording shall 
operate as a taking of the real estate and rights and ease- 
ments therein described. 

Section 4. Said corporation may also by lease or 
purchase acquire for its purposes other sources of Avater 
supply, and other lands and water power for the purpose 
of operating pumping stations. 

Section 5. Said corporation may for the purposes 
aforesaid hold real estate not exceeding in value twenty 
thousand dollars. The whole capital stock of said cor- 
]ioration shall not exceed twenty-five thousand dollars, to 
be divided into shares of one hundred dollars each. If 
necessary for the purposes of said corpoi*ation an increase 



Acts, 1902. —Chap. 197. 145 

of capital stock may be authorized by the commissioner of 
corporations, in the manner provided in section thirty 
of chapter one hundred and nine of the Revised Laws. 
It may issue bonds and secure the same by mortgage on May issue mort- 
its franchise and other property; the total amount of ^^^^ '°'^ *> *^ *=• 
such bonds not to exceed its capital stock actually paid 
in. Such bonds shall be issued only in such amounts as 
may from time to time upon investigation by the com- 
missioner of corporations be deemed by him to be reason- 
ably requisite for the purposes for which such corporation 
is established. A certificate setting forth the decision of fifed'befo?o*° ^^ 
the commissioner shall be filed in the office of the secre- 1^^°"''^'"'^ 
tary of the Commonwealth before the bonds are issued, 
and the proceeds shall be applied to such purposes as are 
specified in the decision of the commissioner. 

Section (^. Said corporation may locate its water Location of 
pipe in or under any public way in said Hadley. The "^'^^''p^p^- 
selectmen may determine where the main line of the water 
pipe shall be located in any way. Construction and re- 
pairs shall l)e so carried on as not to prevent the con- 
venient passing of vehicles. 

Section 7. Any person sustaining damage by reason Damages, 
of any taking of property or other act done under au- 
thority of this act may have the damage assessed in the 
manner provided in chapter forty-eight of the Revised 
Laws. 

Section 8. Said corporation may distribute water Distribution of 
through the town of Hadley, may regulate the use of ^* ^'' ^ '^' 
such water and fix and collect the rates to be paid there- 
for, and may make such contracts with the said town or 
Avith any fire district that may hereafter be established 
therein, or with any individual or corporation, to supply 
water for the extinguishment of fires, or for any other 
purposes, as may be agreed upon with said town or with 
such fire district, individual or corporation ; and said 
corporation may establish public fountains and hydrants 
and relocate and discontinue the same. 

Section 9. Said corporation shall, if it installs a certain persons 
water supply system under this act, supply all persons withwati'r'ete. 
desirous of taking water who reside in those parts of 
Hadley known as the Bay road, from the house of Dwight 
Morton and Edward Morton to West street in Hadley ; 
West street. Middle street and East street and the con- 
necting streets ; and shall furnish a continuous water 



'146 Acts, 1902. — Chap. 197. 

supply along the main highway to North Hadley and to 
the Sunderland lin(>, with a su])ply to other .streets in the 
village of North lladley Avhere the residents desire to take 
the water. 
Si"ted^' Section 10. The system shall be completed within 

7e'ar6°ete''^ three years after the passage of this act, and the town of 
Hadley may enforce the provision for the furnishing of a 
complete system by any suitable proceedings. 
fra^chiTefpfo^p- SECTION 11. The towu of Iladlcy shall have the right 
erty.etc, j^^^ q^^^j ^^^-^^ ^^ take, by purchase or by exercise of the 

right of eminent domain, the franchise, property and all 
the rights and privileges of said corporation on payment 
of the actual cost thereof; and, unless the dividends 
earned and declared by said company on its stock shall 
be equal to or in excess of five per cent per annum, there 
shall be added to the first cost such sum as shall make 
the net return to the stockholders five per cent per annum 
on the investment. If said town shall so take said proj)- 
erty it may, as part payment of the amount to be paid 
for said taking, assume any indebtedness of said corpora- 
tion incurred in the construction or improvement of the 
property by lawful issue of bonds secured by mortgage. 
Said corporation shall furnish to the town of Hadley, 
under oath, an itemized statement of the cost of the 
Avater supply system authorized under this act, together 
with a copy of all contracts made in providing and con- 
structing said Avater supply system and any extension 
recef^R and* thcrcof, and shall furnish to said town annually an item- 
expenditureB, jzed Statement, under oath, of its receipts and expendi- 

etc, to lio fur- tpitii 

nished annually, turcs and of the dividends paid on its stock, which shall 
l)e submitted by the selectmen to the citizens of the toAvn 
at each annual town meeting. The authority to purchase 
or take the franchise and property of said corporation 
shall be exercised by said town only after the town has 
voted to purchase or take the same by a two thirds vote 
of the voters of the town present and voting thereon at 
a meeting legally called for that purpose. And the tak- 
ing, if by exercise of the right of eminent domain, shall 
be by filing in the registry of deeds for Hampshire county 
a declaration of such taking, which shall include a certi- 
fied copy of the article in the warrant under which the 
town acted and of the vote of the town thereon showing 
that it was passed by a two thirds vote as herein required. 

effect! *° *^'^° Section 12. This act shall take efl;ect upon its accept- 



Acts, 1902. — Chaps. 198, 199, 200. 147 

ance by a two thirds vote of the voters of the town voting 
thereon by ballot at a special town meeting legally called 
for the purpose. If then voted upon and not accepted, 
it may be resubmitted at subsequent town meetings 
legally called for the purpose : provided, that it shall not 
be voted upon by the toAvn more than twice in any one 
year. Ajyproved March 19, 1902. 

An Act to authokize the city of lowell to pension a former n}fr,q^ IQQ 

POLICE OFFICER OF THE CITY. "^ ' 

Be it enacted, etc., as foUoivs : 

Section 1. The city of Lowell is hereby authorized cityofLoweii 

•/ t/ naay pay an 

to pay to Thomas Ino^alls, formerly a member of the anuuaipen- 

^. ■• . ii»i • 1 1 IT ®'°" *° Thomas 

police department oi that city, who was honorably dis- ingaiis. 
charged on the thirty-first day of July in the year eighteen 
hundred and ninety-two, the same annual pension which 
he would be entitled to receive had he retired troni ser- 
vice after the acceptance by the city of the provisions of 
chapter three hundred and seventy-eight of the acts of 
the year eighteen hundred and ninety-two. 

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

A2}2)roved March 19, 1902. 

An Act to authorize the city of NEWTON to pay' a sum of Qlinyy 1 99 
MONEY TO ABBIE F. HUMPHREY. 

Be it enacted, etc., as follows : 

Section 1. The city of Newton is hereby authorized !^!y. °L^!^*°i' 

•/ «/ iiiaj I'aj Ok sum 

to pay to Abbie F. Humphrey, widoAv of Francis PI. of money to 

^ ^ , X */ ? Widow of 

Humphrey late assistant chief of the fire department of Francis h. 
that city, the remainder of the salary to which he would ^^^ '^^" 
have been entitled had he lived and continued to hold his 
office until the first day of January in the year nineteen 
hundred and two. 

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

Approved March 19, 1902. 



Chap.200 



An Act to authorize the city of newton to pay a sum of 

MONEY to MARY A. FOLEY. 

Be it enacted, etc., as folloivs : 

Section 1. The city of Newton is hereby authorized city of Newton 

•^ • may pay a sum 

to pay to Mary A. Poley, widow of John Foley late a ^^.^°^%^? -^ 
laborer in the employment of that city, the wages to Foley. 



state Farm. 



148 Acts, 1902.— Chaps. 201, 202, 203. 

which he would have been entitled had he lived and con- 
tinued to work for the city until the first day of May in 
the year nineteen hundred and two. 

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

Approved March 19, 1902. 

Ghcip.^iOl An Act making appropriations for salaries and expenses at 

THE STATE FARM. 

Be it enacted, etc., as foUoios: 
Appropriations. gECTiON 1. Tlic suiiis hereinafter mentioned are ap- 
l)ropriatcd, to be paid out of tlie treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified, for the year ending on the thirty-first day of 
T3ecember, nineteen hundred and tAvo, to wit : — 

For salaries, wages and labor at the state farm, a sum 
not exceeding forty-six thousand dollars. 
xpenscB. p^^ other current expenses at the state farm, a sum 

not exceeding one hundred and twenty-two thousand 
dollars. 

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

Approved March 19, 1902. 

Cha,p.2i0^ An Act to provide for the payment of a certain bounty to 

THE BRISTOL COUNTY AGRICULTURAL SOCIETY. 

Be it enacted, etc., as follows : 

Agrt«!uuTaf^ SECTION 1. There shall be allowed and paid out of 
Society. ^1^(3 trcasury of the Commonwealth to the Bristol County 

Agricultural Society, located at Taunton, the sum of six 
hundred dollars, being the amount to which the society 
was entitled for the year nineteen hundred and one, in 
accordance with the provisions of section one of chapter 
one hundred and twenty-four of the Revised Laws. 
Section 2. This act shall take effect upon its passage. 

A2?2Jroved March 19, 1902. 

Chap. 203 An Act making an appropriation for the Massachusetts 

STATE firemen's ASSOCIATION. 

Be it enacted, etc., as follows : 

K'^Kire.nen'B Section 1. The suHi of twclvc thousand dollars is 

ABsociatioii. ht^reby appropriated, to be paid out of the treasury of 

tlie Commonwealth from the ordinary revenue, for the 



Acts, 1902. — Chaps. 204, 205. 149 

Massachusetts State Firemen's Association, as provided 
for by chapter one hundred and eight of the acts of the 
year nineteen liundred and two. 

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

Ax)2^roved March 19, 1902. 



Chap,204. 



An Act making appropkiations for salaries and expenses in 
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 salaries and 
expenses in the office of the state fire marshal from Janu- 
ary first to May first of the present year, to Avit : — 

For the salary of the state fire marshal, fifteen hundred ghai!^"'™"' 
dollars. 

For the salary of the deputy fire marshal, eight hun- Deputy. 
dred thirty-three dollars and thirty-three cents. 

For salaries of the clerk, aids, stenogi'aphers and mes- Aids, cierk, 
senger in the office of the state fire marshal, a sum not ''*^' 
exceeding fifty-two hundred dollars. 

For travelling, contingent and incidental expenses, the Travelling 
same to include the services and expenses of persons em- ^""p®"^^*- 
ployed in secret investigations under the direction of the 
state fire marshal, and fees of witnesses, a sum not ex- 
ceeding thirty-five hundred dollars. 

For postage, printing, stationery, telephone, telegrams office expenses. 
and incidental and contingent office expenses of the state 
fire marshal, a sum not exceeding nine hundred dollars. 

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

Approved March 19, 1902. 



C7iap.205 



An Act to provide for the removal of snow and ice from 
sidewalks in towns, 

Be it enacted, etc., as folloios : 

Section 1. Any toAvn, the population of which ex- certain towns 
ceeds three thousand, which shall adopt the provisions "^Jrlmoltxor 
of this act at an annual town meeting, or at a special ?ro°^6^de walks. 
meeting called for that purpose, may annually appropriate 
and expend money for the removal of snow and ice from 
its permanent sidewalks constructed of brick, stone, 
cement, concrete or asphalt, and may provide that the 



150 Acts, 1902.— Chap. 206. 

board of assessors may assess upon the estates abutting 
on said sidewallvs, from which snow or ice has thus been 
removed, the whole or any part of the cost of such re- 
moval ; and the amount of such assessment upon each 
estate, unless previously paid, shall be certified by the 
board of assessors to the collector of taxes of the town, 
who shall include the same in the next tax bill issued for 
an annual tax upon such estate, and the same shall be a 
lien upon such estate, and shall be considered as part of, 
and shall be levied, collected and paid or abated in the 
same manner as, the town taxes on real estate. 
may''p?ocu're°"^ Sectiox 2. Any pcrsou, or the agent of any person, 
as8^6ment^*^°'" owuiug an cstatc abutting on any sidewalk as aforesaid, 
etc. niay, on or before the first da}^ of Novemljer in any year, 

procure the exemption of such estate from the assessment 
aforesaid for the following year by a stipulation in writing 
with the selectmen that he will remove snow and ice from 
the sidewalk on which the estate abuts, at such time and 
in such manner as the selectmen or road commissioners 
shall direct; and if he fails to fulfil his stipulation the 
assessment above provided for shall be made and col- 
lected as if no such stipulation had been made. 

Section 3. This act shall take efl'ect upon its passage. 

Approved March 19, 1902. 

ChCtvJ^OG -^ -^^'^ RELATIVE TO DISEASES DANGEROUS TO THE PUBLIC HEALTH. 

Be it enacted, etc. , as follows : 

h"vfng iiSn Section 1. The board of health of any city or town 
reciive peTons whlch lias established or which may hereafter establish 
from adjoining within its limits a hospital for the receijtion of persons 
having smallpox or any other disease dangerous to the 
public health, may receive for care and treatment in such 
hospital persons from an adjoining town who are infected 
with any of said diseases, provided the approval of the 
board of health of the city or town into which such per- 
sons are to be taken shall first have been obtained. 
Snendeci.^^"' SECTION 2. Scctiou forty-six of chapter seventy-five 
of the Revised Laws is hereb}^ amended by adding thereto 
the following words: — The removal authorized by this 
section may be made to any hospital in an adjoining city 
or town established for the reception of persons having 
smallpox or other disease dangerous to the public health, 
provided the assent of the board of health of the city or 



Acts, 1902. — Chap. 207. 151 

town to which such removal is to be made shall first have 

been obtained, — so as to read as follows : — Section 46. mo^/e pmsods'' 

A mag-istrate authorized to issue warrants in criminal cases infected with 

o 1 1 • T /> 1 contagious 

may issue a warrant dn'ected to tlie sheriti or tlie county diaeaee, etc. 
or his deputy, or to any constable or police officer, re- 
cjuiring them under the direction of the board to remove 
any person who is infected with contagious disease, or to 
impress and take up convenient houses, lodging, nurses, 
attendants and other necessaries. The removal authorized 
by this section may be made to any hospital in an adjoin- 
ing city or town established for the reception of persons 
having smallpox or other disease dangerous to the public 
health, provided the assent of the board of health of the 
city or town to which such removal is to be made shall 
first have been obtained. Approved March 19, 1902. 

An Act to authorize the new Bedford and onset street QJi^u^ 207 

RAILWAY COMPANY TO EXERCISE ITS CORPORATE POWERS IN THE 
TOWN OF FAIRHAVEN AND IN THE CITY OF NEW BEDFORD. 

Be it enacted,, etc., as follows : 

Section 1. The New Bedford and Onset Street Eail- Jo^SfdVutet 
way Company may enter upon, use and operate upon gj'^''\y''*|j^''y 
and over such parts of the railway of the Union Street operate in Fair- 
Railway Company in the town of Fairhaven and in the Bedford, etc. 
city of New Bedford, and under such terms as to the 
conditions of such entry, use and operation, and the com- 
pensation to be paid therefor, as said companies may from 
time to time agree upon : provided, however, that such ProviBo. 
entry, use or operation shall not take place in the town 
of Fairhaven until authorized by the selectmen of that 
town, nor in the city of New Bedford until authorized 
by the l^oard of public works of that city, and neither 
in said town or city until also authorized by the board 
of railroad commissioners. And said New Bedford and ^onsof kwto 
Onset Street Railway Company in such entry, use and apply. 
operation shall have all the powers and be subject to all 
the duties and limitations set forth in chapter one hun- 
dred and thirty-two of the acts of the year nineteen hun- 
dred and one, and in all other laws applicable hereto. 

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

Approved March 25, 1902. 



152 



Acts, 1902. — Chap. 208. 



Appropriations. 



Chci7).20S An Act making appropriations for the Massachusetts chari- 
table EYE AND ear INFIRMARY AND THE LOWELL TEXTILE 
SCHOOL, AND FOR SUNDRY MISCELLANEOUS EXPENSES AUTHOR- 
IZED BY LAW. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned arc ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified in certain acts and resolves of the present year, 
and for certain other expenses authorized by law, to 
wit : — 

For printing- and distributing additional copies of the 
Kevised Laws, as authorized by chapter one of the re- 
solves of the present year, a sum not exceeding thirteen 
hundred dollars. 

For expenses in connection with the publication of the 
bulletin of committee hearings, as authorized by chapter 
three of the resolves of the present year, a sum not ex- 
ceeding thirty-five hundred dollars. 

For the clerk of the police court of Lowell, as author- 
ized by chapter six of the resolves of the present year, 
the sum of three hundred dollars. 

For the Massachusetts Charitable Eye and Ear Infirm- 
ary, as authorized by chapter seven of the resolves of 
the present year, the sum of twenty-five thousand dollars. 

For the wife of Alexander McDonald, as authorized by 
chapter eleven of the resolves of the present year, the sum 
of forty-seven dollars and one cent. 

For certain improvements at the state normal school at 
Framingham, as authorized by chapter twelve of the re- 
solves of the present year, a sum not exceeding sixty-five 
hundred dollars. 

For Ellen Ford, as authorized by chapter thirteen of 
the resolves of the present year, the sum of five hundred 
dollars. 

For compensation and expenses of a committee ap- 
pointed to determine whether compensation should be 
paid to the towns of Clinton, Sterling and Holden by 
reason of the construction of the Wachusett reservoir 
by the metropolitan water and sewerage board, as author- 
ized by chapter one hundred and one of the resolves of 
the year nineteen hundred and one, a sum not exceeding 
thirty-three hundred dollars. 



Revised Laws. 



Bulletin of com- 
mittee liearlngs, 



Clerk of police 
court of Lowell. 



Massachusetts 
Charitable Eye 
and Ear Infirm- 
ary. 

Wife of 

Alexander 

McDonald. 



State normal 
school at Fram- 
ingham. 



Ellen Ford. 



Compensation, 
etc., of commit- 
tee appointed 
under resolve 
101, 1901. 



Acts, 1902. — Chap. 208. 153 

For compensation of the persons appointed to prepare Revised Laws. 
for printing tlie Revised Laws, as authorized by chapter 
one hundred and twenty-two of the resolves of the year 
nineteen hundred and one, the sum of four hundred 
dollars. 

For the salary of the assayer and inspector of liquors Assayerand 
from the first day of January to and including the twenty- uquors. 
fifth day of February of the present year, being the date 
of the abolition of said ofiice by chapter one hundred and 
ten of the acts of the present year, the sum of one hun- 
dred and eighty-nine dollars and twenty-nine cents. 

For Ledyard Bill, executor, as authorized by chapter LedyardBiii. 
fourteen of the resolves of the present year, the sum 
of one hundred dollars. 

For John P. Ryan, as authorized by chapter seventeen John p. Ryan. 
of the resolves of the present year, the sum of seven hun- 
dred and twenty-nine dollars. 

To reimburse the town of New Ashford for expense Town of New 
incurred in repaying certain highways, as authorized by 
chapter eighteen of the resolves of the present year, the 
sum of five hundred dollars. 

For collecting portraits of auditors of the Conuuon- Portraits of 
wealth, as authorized by chapter nineteen of the resolves 
of the present year, a sum not exceeding five hundred 
dollars. 

For the town of Peru, as authorized by chapter twenty Town of Peru, 
of the resolves of the present year, the sum of one hun- 
dred fifty-two dollars and thirty-nine cents, the same to 
be paid out of the moiety of the income of the Massa- 
chusetts School Fund payable to towns for educational 
expenses. 

For the Lowell Textile School, as authorized by chapter Loweii Textile 
twenty-one of the resolves of the present year, the sum 
of twenty thousand dollars. 

For stenographers and for such additional clerical as- Additional 
sistance as the auditor of the Commonwealth may find anc" hi office of 
necessary for the proper despatch of public business, as ^^ditor. 
authorized by chapter one hundred and seventy-seven of 
the acts of the present year, a sum not exceeding one 
thousand dollars, the same to be in addition to any 
amount heretofore appropriated for the same purpose. 

For Ella Raymond, as authorized by chapter twenty- Eiia Raymond, 
two of the resolves of the present year, the sum of three 
hundred dollars. 



154 



Acts, 1902. — Chap. 209, 



Lowell Textile 
fcschool. 



State normal 
echool at West- 
field. 



Sarmiel Ilill- 
man. 



Memorial to 
MasHachusetta 
soldiere who 
took part in 
siege of Vicks- 
burg. 

State normal 
Bchool at West- 
field. 



Charles H. 
Sargent. 



Bristol county 

agricultural 

society. 



For a heating and ventilating plant for the Lowell 
Textile School, as authorized by chapter twent3'-tliree of 
the resolves of the present year, a sum not exceeding 
twenty-one thousand seven hundred and fifty dollars. 

For certain repairs and improvements at the state 
normal school at Westfield, as authorized by chapter 
twenty-four of the resolves of the present j'ear, a sum 
not exceeding two thousand dollars. 

For Samuel Hillman, as authorized by chapter twenty- 
five of the resolves of the present year, the sum of tlu'ee 
hundred and sixty dollars. 

For the erection of a memorial to Massachusetts soldiers 
who took part in the siege of Vicksburg, as authorized by 
chapter twenty-six of the resolves of the present year, 
a sum not exceeding five thousand dollars. 

For the construction of a new dormitory at the state 
normal school at Westfield, as authorized by chapter 
twenty-seven of the resolves of the present year, a sum 
not exceeding twenty-five thousand dollars, the same to 
be in addition to the fifty thousand dollars authorized by 
chapter ninety-five of the resolves of the year nineteen 
hundred and one. 

For Charles H. Sargent, as authorized by chapter 
twenty-eight of the resolves of the present year, the 
sum of one hundred and twenty-five dollars. 

For the payment of a bounty to the Bristol county 
agricultural society, as authorized by chapter two hun- 
dred and two of the acts of the present year, the sum of 
six hundred dollars. 

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

Api^roved March 26, 1902. 



ChCip.2iO^ ■^'^ -'^CT MAKING APPROPRIATIONS FOK THK SALARY AND EXPENSES 

OF THE STATE PENSION AGENT. 



Appropriations. 



State pension 
agent. 



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 salary and 
expenses of the state pension agent from the first day of 
January to the first day of July of the present year, 
to wit : — 

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



Acts, 1902. — Chaps. 210, 211. 155 

For clerical assistance, travelling and other necessary Expenses. 
expenses of the state pension agent, a sum not exceeding 
twentj^-tive hundred dollars. 

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

Approved March 26, 1902. 



An Act making an appropriation for expenses of the hoard 
of cattle commissioners. 



Chap.210 



animals. 



Be it enacted, etc., as folloivs : 

Section 1. The sum of eight thousand dollars is Extermination 
hereby appropriated, to be paid out of the treasury of dLea^l^s^mong 
the Commonwealth from the ordinary revenue, to meet 
expenses authorized by the board of cattle commissioners 
in connection with the extermination of contag-ious diseases 
among horses, cattle and other animals, from January first 
to April fifteenth of the present year. 

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

Approved March 26, 1902. 



Cha2y.211 



An Act relative to the investigation and report of cer- 
tain supplementary assessments for poll taxes in the city 
of koston. 

Be it enacted, etc., as folloivs : 

Section 1. Section two of chapter four hundred of ^„°^^d°°'^"' 
the acts of the year nineteen hundred and one is hereby 
amended by inserting after the word "Boston", in the . 
ninth line, the words : — except as to such assessments 
as are made between the fifteenth day of June and the 
twentieth day of August, the report upon which shall be 
made on or before the thirtieth day of August, — so as to 
read as follows : — Section 2. Each of the said assessors First assistant 
shall annually, in his district, personally make investiga- BosTo^n.'^duties, 
tion as to every person who has been assessed for a poll ^**'- 
tax supplementarily to the original assessment, in accord- 
ance 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, within ten days after 
any such person was so assessed, report in writing to the 
assessors of Boston, except as to such assessments as are 
made between the fifteenth day of June and the twentieth 
day of August, the report upon which shall be made on or 
before the thirtieth day of August, whether such person 



156 



Acts, 1902. — Chaps. 212, 213. 



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. 
^^v^-^^- 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 26, 1902. 

C/i«^.212 ■^''^ ^^^ RELATIVE TO THE TAXATION OF THE CENTRAL MASSACHU- 
SETTS RAILROAD COMPANY. 

Be it enacted., etc., as follows : 

Section 1. In estimating the value of the corporate 
franchise and property of the Central Massachusetts Rail- 
road Company for taxation the tax commissioner may 
make an equitable allowance for the value of such of its 
shares as have been acquired by the Boston and Maine Rail- 
road under the provisions of chapter four hundred and 
twenty-four of the acts of the year nineteen hundred, 
and also for the value of such of its shares as are still 
outstanding, for which the Boston and Maine Railroad has 
actually issued stock under the provisions of said chap- 
ter ; but such allowance shall be made only while the 
shares so acquired remain in the treasury of the Boston 
and Maine Railroad and while a tax is assessed and actually 
paid on the corporate franchise of the Boston and Maine 
Railroad. 

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

Approved March 26, 1902. 



Certain allow- 
ance may be 
made in esti- 
mating value of 
property, etc., 
of the Central 
Massachusetts 
Railroad Com- 
pany for taxa- 
tion. 



GllCin '^13 "^^ ^^^ RELATIVE TO COMPENSATING CITIES AND TOWNS FOR CAR- 
ING FOR PERSONS INFECTED WITH THE SMALLPOX OR OTHER 
DISEASE DANGEROUS TO THE PUBLIC HEALTH. 

Be it enacted, etc. , as follows : 

peL^B°ncurted Section 1. Reasonable expenses incurred by the board 

by cities and of health of a city or town in making the provision re- 
towns for car- ■ i . ox 

ing for persons qun'cd bv law for i)ersons infected with the smalli)Ox or 

infected with , ,.■ - • Tiiiiiii • i 

disease danger- otlicr discasc daiigcrous to tlic public hcaltli shall be paid 

uc health! ^'" ' by sucli pcrsoii or his parents, if he or they be able to 

pay, otherwise by the city or town in which he has a legal 

settlement, upon the approval of the bill by the board of 

health of such city or town ; and such settlements shall 



Acts, 1902. — Chaps. 211, 215. 157 

be determined by the overseers of the poor. If the per- 
son has no settlement such expense shall be paid bj the 
Commonwealth, upon approval of bills therefor by the 
state board of charity. In all cases of persons having 
settlements a written notice sent within the time required 
in case of aid given to paupers, shall be sent by the board 
of health or by the officer or board having the powers of 
a board of health in the city or town where the person is 
sick, to the board of health, or to the officer or board 
having the powers of a board of health in the city or town 
in which such person has a settlement, who shall forth- 
with transmit a copy thereof to the overseers of the poor 
of the place of settlement. In case the person has no 
settlement such notice shall be given to the state board 
of health, in accordance with the provisions of section 
fifty-two of chapter seventy-five of the Revised Laws. 

Sectiox 2. No person for whose care and maintenance Certain persons 

, ,1/^^ Till' 1 notto be deemed 

a city or town or the Connnonwealth has mcurred expense paupers. 
in consequence of smallpox, scarlet fever, diphtheria or 
other disease dangerous to the public health shall be 
deemed to be a pauper by reason of such expenditure. 

Section 3. Section fifty-seven of chapter seventy-five Repeal. 
of the Revised Laws is hereby repealed. 

Section 4. This act shall take effect upon its passage. 

Aiyproved March 26, 1902. 

An Act to exempt the boston and maine railroad relief (JJidj^ 214 

ASSOCIATION FROM THE PROVISIONS OF LAW RELATIVE TO FRA- 
TERNAL BENEFICIARY CORPORATIONS. 

Be it enacted, etc., as folloivs : 

Section 1. The Boston and Maine Railroad Relief ^j^S^^d'' 
Association is hereby exempted from the provisions of JioJ,'e*j;;'^,^*°'^''*' 
chapter one hundred and nineteen of the Revised Laws, from provisious 

i"^. ^jii/«' .• ofR. L. 119. 

relative to fraternal l^enenciary corporations. 

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

Approved March 26, 1902. 

An Act to incorporate the millville cemetery association. (Jhfijj 215 
Be it enacted, etc., as follows : 

Section 1. Lyman Legg, Eliza W. Mann, Robert Miuviue ceme- 

^ oo' ' tery Associa- 

Aldrich, Edna I. Holt, Elizabeth F. Southwick, Emeline tionincorpo- 

rated 

H. Wilson, Charles F. Taft, J. Ardelle Mann and Frederic 



158 Acts, 1902. — Chap. 215. 

W. Southwick, their associates and successors, are hereby 
made a corporation by the name of the Millville Cemetery 
Association, for the pur})ose of acquiring and maintaining 
as a burial ground certain land in the town of Blackstone 
now used for that purpose, situated on the east side of 
Central street in that part of Blackstone called INIillville, 
and near the stale line, containing about five acres, 
bounded northerly, easterly and southerly by land now 
or late of Kussel Wilson, and Avesterly by said street, 
subject to the rights of any person holding an estate or 
interest in the said land under the original proprietors or 
otherwise ; and also any additional land in the town of 
Blackstone that may be necessary for the said purpose. 
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 re- 
lating to such corporations, except as herein otherwise 
provided. 

etc" "*'^*"'^' Section 2. The first meeting of the said corporation 
shall be held on the second Monday of June in the year 
nineteen hundred and two, at two o'clock in the afternoon, 
at the house of Willard AVilson in said Millville. At such 
meeting the incorporators may organize by the choice of 
a temporary chairman and clerk, and may adopt by-laws ; 
and they may proceed at such meeting, or at a subsequent 
meeting called in accordance with the by-laws, to make a 
permanent organization of the corporation, and to elect 
such officers as may be necessary. 

etc."' ■ ®'^"*^^ *' Section 3. Said corporation may purchase from time 
to time, and may take by devise or gift, and hold so much 
real and personal estate as may be necessary for its pur- 
poses as a cemetery corporation. Said cori)oration may 
also hold in trust any money or other property given or 
bequeathed for the care, embellishment or extension of 
its cemeter}^ or for the care or embellishment of an}^ lot 
therein, or for the care, repair, preservation or renewal 
of any monument, tomb, fence or other structure therein, 
or for planting a lot or its vicinity with trees or shrubs ; 
and when .such gift or bequest is made the said corpora- 
tion shall give to the person making the same, or to his 
representative, an obligation, upon such conditions as 
may be agreed upon, binding the corporation to fulfil the 
terms of the trust. 

K etc*! *""* °^ Section 4. The said corporation may lay out its real 



Acts, 1902. — Chaps. 216, 217. 159 

estate, or any part thereof, in lots ; and may sell the same 
or grant rights of burial therein, and rights of erecting 
tombs, monuments or otlier structures thereon, and of 
caring for and ornamenting the same, upon such terms, 
conditions and regulations as it may prescribe. All in- 
come received by the said corporation, the use of which is 
not determined by a trust, shall be applied excUisively to 
the care, maintenance, improvement and embellishment of 
its cemetery and the structures therein, or to the purchase 
of additional land for cemetery purposes. 

Section 5. This act shall take effect upon its passage. 

Approved March 26, 1902. 

An Act relative to the waiving of certain claims against /^a^,jj 91 « 

THE government OF THE UNITED STATES FOR THE BURIAL OF ^ 

DECEASED SOLDIERS AND SAILORS. 

Be it enacted, etc., as follotvs : 

Section 1. The commissioners of state aid are hereby certain claims 
authorized and directed to waive all claims on the part tfnued* states to 
of the Commonwealth of Massachusetts against the United ^^ waived. 
States for the whole or any part of a pension accrued at 
the date of the death of any pensioner, or of a pension 
application for which is pending at the date of the death 
of any person entitled to a pension, in cases where the 
Commonwealth has, since the fourth day of June, eighteen 
hundred and eighty-nine, contributed to the expense of 
burial of such pensioner or person. 

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

Apjyroved March 26, 1902. 

An Act to define the time avithin which suits may 15^/^7,^,^017 
brought for damages under the act to rrohibit the ^ ' 

drawing down of the water of the charles river at 
certain seasons of the year. 

Be it enacted, etc., as follows : 

Section 1. Section two of chapter five hundred and 1901,529 §2, 

/. , /• j^i • 1 1 1 T amended. 

twenty-nine of the acts of the year nineteen hundred 
and one, entitled " An Act to prohibit the drawing down 
of the water of the Charles river at certain seasons of the 
year", is hereby amended by striking out the words 
"passage of this act", at the end thereof, and inserting 
in place thereof the words : — acceptance of this act by 



Proviso. 



160 Acts, 1902. — Chaps. 218, 219. 

the town of Natick as provided for in section four of this 
Damages. act, — SO as to rcad as follows : — Section 2. Any person 

or corporation damaged in their property by the pro- 
visions of this act shall be entitled to recover the same, 
in equal shares, from the Commonwealth of Massachusetts 
and the town of Natick, in the same manner as is provided 
for the recovery of damages occasioned by the taking of 
land in the laying out of highways : j)f'ovided, however, 
that no action shall be brought hereunder to recover said 
damages after a period of two years from the acceptance 
of this act by the town of Natick as provided for in 
section four of this act. 

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

Approved March 26, 1902 

Ohai),2ilS ^^ ^<^T TO AUTHORIZE THE TOWN OF IPSWICH TO PAY A CERTAIN 
SUM OF MONEY TO THE ESTATE OF GEORGE P. SMITH. 

Be it enacted, etc., as foUoivs : 
1900,336 §1, Section 1. Section one of chapter three hundred and 

amended. ./.i /»i • iin- 

thirtj^-six of the acts of the year nineteen hundred is 
hereby amended b}^ inserting after the words "George 
P. Smith", in the second line, the words: — or to the 
estate of George P. Smith, — so as to read as follows : — 
wkTmaypaya Sectioii 1. The towu of Ipswicli is hereby authorized to 
tottie^S7or pay to Olive P. Smith, widow of George P. Smith, or 
estate of^ to tlic cstatc of Gcorgc P. Smith, a sum of money on 

Smith. account of injuries received by him on the eighteenth 

day of April in the year eighteen hundred and ninety- 
five, while assisting a police officer of said town in making 
an arrest. 

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

Approved March 26, 1902. 

QJiaj).21.Q An Act relative to the manufacturers mutual casualty 

COMPANY. 

Be it enacted, etc., as folloios : 

bythe^M^anu^"" Section 1. The pcrlod during which the Manufac- 

Mutualcamiait ^urcrs Mutual Casualty Company, incorporated by chapter 

Company. nincty-ninc of the acts of the year nineteen hundred, is 

authorized by general law 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 



Acts, 1902. — Chaps. 220, 221, 222. 161 

the year nineteen hundred and three, subject to the pro- 
visions of its act of incorporation. 

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

Approved March 26., 1902. 



Chcq).22{) 



An Act to authorize the town of revere to refund a part 

OF ITS indebtedness. 

Be it enacted, etc., as follows : 

Section 1. The town of Revere is hereby authorized mayrssuJifoTes! 
to refund a part of its present indebtedness, and for that bonds or scrip, 
purpose may issue notes, bonds or scrip to an amount not 
exceeding two hundred thousand dollars, payable in such 
proportionate annual pajmients as will extinguish the 
same within the twenty years following the passage of 
this act, and bearing interest, payable semi-annually, at 
a rate not exceeding four per cent })er annum. Such 
notes, bonds or scrip shall be signed by the treasurer 
and countersigned by the selectmen of the town, and 
may be sold or negotiated at public or private sale, and 
the proceeds shall be used to discharge an equal amount 
of the existing debt of the town, and for no other pur- 
pose ; but the purchasers thereof shall not be responsible 
for the application of the proceeds. 

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

Approved March 26, 1902. 



Chap.221 



An Act to authorize the pekkins street baptist society in 
somerville to change its name to the east somerville 
baptist society in somerville. 

Be it enacted, etc.y as follows : 

Section 1. The Perkins Street Baptist Society in The Perkins 
Somerville is hereby authorized to change its name to lodety^i'^som- 
the East Somerville Baptist Society in Somerville. chlngeTts^ 

Section 2. This act shall take effect upon its passage, "^anie- 

Approved March 26, 1902. 



Cha2).222 



An Act to authorize the town of methuen to pay a sum of 
money to the father or guardian of ernest h. gaunt. 

Be it enactedy etc. , as follows : 

Section 1. The town of Methuen is hereby authorized Town of 
to raise by taxation and to pay to Henry Gaunt, father pay a sum of 
of Ernest H. Gaunt, a minor, for the benefit of the said Mher^or 



162 Acts, 1902. — Chaps. 223, 224. 

guardian of iiiinor, oi' to a legal guardian of the said minor, the sum 

Gaunt^' of twciity-five hundred dollars. The payment of said 

sum shall be in full compensation for injuries received 

by the said minor during the performance of a chemical 

experiment in the high school of the said town. 

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

Approved March 26y 1902. 

OhClV.^^S -^^ ^^^ "^^ AUTHORIZE A CHANGE IN THE BOUNDARY LINE OF 
THE BURIAL GROUND BELONGING TO THE FIRST CONGREGATIONAL 
SOCIETY IN BRIDGEWATER. 

Be it enacted, etc., as follows : 

of°buriaigro^d SECTION 1. The First Congregational Society in 
belonging to Brldgcwatcr is hereby authorized to change a part of 
gregatiouai the bouudary line of its burial ground in the town of 
Bridgl^water Bridgcwatcr at the northeast corner of said burial ground 
maybechauged. ^^ gummcr Street, SO that the curve of the new boundary 
line shall come nine feet within the outer limit of the 
curve of the existing boundary line, and shall extend in 
both directions from this point to the straight part of the 
boundary line, as shown on a plan to be filed in the office 
of the town clerk of BridgcAvater. That part of the 
burial ground lying between said new boundary line and 
the old boundary line may hereafter be used for improv- 
ing the condition of the highway adjacent to the burial 
ground, upon a vote to that effect of the First Congre- 
gational Society, and upon the acceptance of the afore- 
said plot of ground by the toAvn of Bridgewater as a 
public highway. 

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

Approved March 26, 1902. 

Cliap.'2i2^ An Act relative to boston bridges. 

Be it enacted, etc., as folloivs : 

etc""o7bHdge8 SECTION 1. Subjcct to the approval of the board of 
in j5o8ton, etc. harbor and land commissioners the city of Boston and 
any other city or town betAveen which and the city of 
Boston any bridge has heretofore been built or author- 
ized to be built, or between which and the city of Boston 
any bridge shall hereafter be authorized to be built, may 
Avidcn any such bridge to a width not exceeding one hun- 
dred and live feet, may widen the draw openings thereof, 



Acts, 1902. — Chaps. 225, 226. 163 

may discontinue the draw of any such bridge below which 
a bridge has been authorized without a draw, and may 
build piers, guards and fenders for maintaining and pro- 
tecting any such bridge or draw. 

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

Approved March 26, 1902. 

An Act to provide for the announcement of the number njfp^^ OOK 
OF persons to be chosen as members of ward and town ^ ' 

COMMITTEES. 

Be it enacted^ etc., as follows : 

Section 1. Section eighty-four of chapter eleven of ^lii. §84, 
the Revised Laws is hereby amended by inserting after 
the word "consist", in the fourth line, the words: — 
which number shall be announced in the call for the 
meeting at which they are to be chosen ; but said num- 
ber may be increased or decreased by vote of said meet- 
ing, — so as to read as follows : — Section 84. A state. Political com- 
city or town committee may make rules and regulations, mLk^ruTes^and 
not inconsistent with law, for its proceedings and rela- etc."'^"°°^' 
tive to caucuses called by it, and may fix the number of 
persons of whom it shall consist, which number shall 
be announced in the call for the meeting at which they 
are to be chosen ; but said number may be increased or 
decreased b}^ vote of said meeting. Each city or town 
committee may make reasonable regulations, not incon- 
sistent with law, to determine membership in the party, 
and to restrain persons not entitled to vote at caucuses 
from attendance thereat or taking part therein. But no 
j)olitical conmiittee shall prevent any voter from partici- 
pating in a caucus of its party for the reason that the 
voter has supported an independent candidate for political 
office. 

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

Approved March 26, 1902. 

An Act to provide for the better protection of sheep f^lff,^-. 22f> 

FROM DOGS. -^ 

Be it enacted, etc., cts folloivs : 

It shall be lawful for the county commissioners of any protection of 
county, or their agents thereto authorized in writing, to do^s!'^'^"™ 
enter upon the premises of the owner of any dog known 



164 Acts, 1902. — Chap. 227. 

to thoni to have worried or killed sheep, and then and 
there to kill such dog, unless such owner whose premises 
are thus entered for the said })urpose shall give a bond in 
the sum of two hundred dollars, with sufficient sureties, 
to be approved by the county conmiissioners, the con- 
dition of the bond being that the dog shall refrain from 
killing or worrying sheep for the space of twelve months 
next ensuing. And if the owner of the dog declares his 
intention to give such a bond the said county conunis- 
sioners or their agents shall allow him reasonable time in 
which to procure and prepare the same and to present it 
to them, or to tile it with the clerk of the city or town in 
which the said owner resides. 

Apjn-oved March 26, 1902. 

f^h 997 "^^ ^^^ KELATIVE TO THE KELEASE OF PRISONERS UPON PKOBA- 

^ * TION. 

Be it enacted, etc., as follows : 

R. I.. 225, § 121, Section 1. Section one hundred and twenty-one of 
amen e . chapter two hundred and twenty-five of the Revised Laws 

is hereby amended by striking out the words "for a mis- 
demeanor", in the fourth and fifth lines, — so as to read 
ReicnBcof *^ follows ." — fSectioH 121. A probation officer may, 
priKonerB upon ^yrith the cousciit of the countv commissioners, or, in the 

probation. /• ci «. n f ^ t • • • • • 

county of Sunolk, of the penal institutions commissioner 
of the city of Boston, investigate the case of any i)erson 
who is imprisoned in a jail or house of correction upon 
a sentence of not more than six months, or upon a longer 
sentence of which not more than six months remain un- 
expired, for the purpose of ascertaining the probability 
of his reformation if released from imprisonment. If, 
after such investigation, he reconmiends the release of 
the prisoner, and the court which imi)osed the sentence, 
or, if the sentence was im})osed by the superior court, 
the district attorney, certifies a concurrence in such rec- 
ommendation, the county commissioners or the penal 
institutions commissioner may, if they consider it ex- 
l)edient, release him upon probation, upon such terms 
and conditions as they may prescribe and may reijuire a 
bond for the fulfilment of such conditions. The surety 
upon any such bond may at any time take and surrender 
his principal, and the county commissioners or the penal 
institutions commissioner may at any time order any 



Acts, 1902. — Chap. 228. 165 

prisoner released by them upon probation to return to 
the prison from which he Avas released. The provisions 
of this section shall not apply to persons held upon sen- 
tence of the courts of the United States. 

Section 2. This act shall tal^e effect upon its passage. 

Approved March 27^ 1902. 

An Act to transfer the powers and duties ok the inspector QJiar).2i2S 
OP gas meters and of illuminating gas to the board of 
gas and electric light commissioners. 

Be it enacted, etc., as foUotvs : 

Section 1. The powers and duties heretofore con- Powers and 
ferred and imposed upon the inspector of gas meters and spVrtor'of gas 
of illuminating gas are hereby conferred and imposed il?anXrredto 
upon the board of gas and electric light commissioners, fightcommu"'' 
The care and custody of all property of the Common- sioners. 
wealth in the possession of said inspector are hereby 
transferred to said board. 

Section 2. Said board shall have under their control poi^f^^e^t • *P' 
an inspector and one or more assistant inspectors, who term, etc. ' 
shall be appointed by the governor, with the advice and 
consent of the council, for terms of three years from the 
dates of their respective api)ointments, and who shall be 
sworn to the faithful performance of their official duties. 
The inspector, assistant inspectors, and the deputy in- 
spectors hereinafter provided for, shall not be pecuniarily 
interested, directly or indirectly, in the manufacture or 
sale of illuminating gas, of gas meters, or of any other 
article or connnodity used by gas light companies or used 
for any purpose connected with the consumption of gas 
or with gas companies, and shall not give certificates or 
written opinions to makers or vendors of any such articles 
or commodities. 

Section 3. Said inspectors, subject to the rules and ^^^7®/* ^"'^ 
regulations prescribed by the board, shall make the in- 
spections of gas required by section fourteen of chapter 
fifty-eight of the Kevised Laws, and shall inspect, exam- 
ine, ascertain and prove the accuracy of all gas meters 
which are used for measuring the (juantity of illuminating 
gas and are to be furnished to or for the uset»f any person, 
and shall seal, stamp or mark every such meter, if it be 
found correct, with some suitable device, which shall be 
recorded in the office of the secretary of the Common- 



166 



Acts, 1902. — Citap. 228. 



Deputj' inepec- 
tors may be 
appuiiited for 
temporary 
service. 



Fees. 



Compensation 
of inspectors, 
etc. 



Payment of 
expenses of 
board, etc. 



wealth, and ^y\i\\ the name of the inspector, the date of 
the ins})ec'tion and the number of burners which the meter 
is intended to suppl3\ They shall also })erform sueh 
other duties and make such reports of their doings as the 
])oard may require. 

Section 4. If the inspectors at an)^ time are unable 
fully to perform the duties required of them by this act 
the board shall appoint for temporary service one or more 
deputy inspectors of meters, and shall determine their 
compensation. Any person now in the service of the 
inspector of gas meters and of illuminating gas may be 
appointed or employed as such deputy without civil 
service examination. Such deputies shall be sworn, shall 
act under the direction of said board, shall not be con- 
nected with or employed by any gas company, and from 
their decisions the gas company or the consumer may 
appeal to the board. 

Section 5. For examining, comparing and testing 
meters, with or wathout stamping them, the board may 
collect a fee of twenty-five cents for each meter deliver- 
ino; not more than a cubic foot of o^as in four revolutions, 
vibrations or complete repetitions of its action, and for 
each meter so delivering more than a cubic foot, a fee of 
thirty cents with twenty cents added for every additional 
cubic foot so delivered. The board shall designate one of 
its members to receive said fees, who shall give a bond to 
the treasurer and receiver general in the penal sum of 
five thousand dollars. All fees so received shall be paid 
into the treasury of the Commonwealth (Quarterly, on the 
last days of March, June, September and December in 
each year. 

Section G . The salary of the inspector shall be twenty- 
five hundred dollars a 3^ear, the salary of the first assistant 
inspector shall be fifteen hundred dollars a 3'^ear, and the 
salary of the second assistant inspector, if there be one 
appointed, shall be twelve hundred dollars a }'ear, and the 
board may expend annually a sum not exceeding five 
thousand dollars for the compensation of deputies and for 
necessary apparatus, travelling expenses, office rent and 
expenses, and for other necessary expenses incident to 
the duties of said inspectors. 

Section 7. The amount of the expenses incurred by 
the board under this act, and of salaries paid thereunder, 
less the amount deposited with the treasurer and receiver 



Acts, 1902. — Chap. 229. 167 

general from the fees for the inspection of meters, shall 
be borne by the several gas companies in proportion to 
their gross earnings, and shall be assessed and recovered 
in the manner provided by section ten of chapter one hun- 
dred and eleven of the Revised Laws for the assessment 
and recovery of the expenses of the railroad commis- 
sioners. If at any time however the amount collected 
under the provisions of section five hereof shall exceed 
the amount of such salaries and expenses, such excess 
shall be applied to reduce the annual assessment levied 
upon the several gas companies under the provisions of 
chapter one hundred and twenty-one of the Revised Laws, 
for the annual expenses of the board. 

Section 8. Sections one, two, three, four, five, six Repeal. 
and seven of chapter fifty-eight of the Revised Laws, and 
so much of section seven of chapter nine thereof as relates 
to the annual report of the inspector of gas and gas 
meters, are hereby repealed. 

Section 9. So much of this act as relates to the when to take 



effect. 



OAai>.229 



appointment of the inspector and assistant inspectors 
shall take effect upon its passage, and the remainder of 
this act shall take effect as soon as said ofiicers are 
appointed and qualified. Ai^proved March 27^ 1902. 

An Act relative to water courses and drainage in the 
city of marlborough. 

Be it enacted, etc., as follows : 

Section 1. The city of Marlborough, for the purposes city of Mari- 
of surface and ground drainage and for the protection of improve Srtain 
the public health, may by its board of aldermen from time for drainage 
to time improve the brooks and natural streams in said purposes, etc. 
city by widening the same, removing obstructions in or 
over them, diverting the water, or by altering the courses 
or deepening the channels or constructing new channels, 
and may conduct the water of any such brook or stream 
and any surface or ground water tlu-ough pipes, covered 
conduit or open channel, or convert any such brook or 
stream, whether in its original channel or after the altera- 
tion of the course of the same, wholly or in part into a 
covered conduit ; and for the purposes aforesaid may by May take land, 
its city council from time to time, subject to the provisions courfe'of ** 
hereof, purchase or take land in fee simple or otherwise, *"'°°''^' ^*<'- 
or any right or easement in land, including any brook or 



1(38 Acts, 1902. — Chap. 229. 

May take land, strcaiii OF part of aiij brook or stream which is wholly 
couiHcof^ or parti}' within the boundaries of any land so purchased 
brooks, etc. ^^ taken, and may, by the board of aldermen, change the 
course of any brook or stream so that it shall flow within 
said taking, and may by the construction of drains or 
otherwise divert any surface . water or ground water into 
any brook, pipe, conduit or channel constructed or main- 
tained under this act, and for the purposes of this act may 
conduct any stream or drain across any railroad or street 
railway location, or across, along or under any way, 
without unnecessarily obstructing the same, and may 
enter upon any land or way and do any work thereon 
which the board may deem necessary for said purposes, 
and may make such improvements on the land so taken or 
purchased as the board of aldermen shall deem necessary 
for the protection of public health and for protecting 
the water of any brook, stream, drain, conduit or channel 
against pollution, and may construct such walks or ways 
thereon as they may deem necessary for public conven- 
ience, and may also enter upon the location of any railroad 
or railway corporation, by agreement with said corpora- 
tion, for the purpose of improving in the manner here- 
inbefore provided, brooks and natural streams flowing 
under or at the side of the tracks and within said location, 
and may do any work thereon which said board shall deem 
necessary ; and for the purposes of this act may enter 
into any contracts or agreements with any person or 
corporation. 
uking^finrJt7 Section 2. When land or any right or easement in 
land is taken under the provisions of the preceding 
section the proceedings for the taking shall be the same 
Proviso. as in the laying out of streets in said city : jjrovided, 

that before any land or right or easement therein is taken 
the city council shall give a public hearing to all parties 
interested, notice of which shall be given in one or more 
ncAvspapers published in the city of Marlborough once a 
week for tAvo weeks successively ; and by posting such 
notice in two public places in said city seven days at least 
before such hearing, and no other hearing or notice shall 
peHcription of ])q rcouired. A description and plan of the land so taken 

land to be hied, ' i i n . i . . i 

etc. or purchased shall, withm sixty days after the passage or 

the order or vote under which the land was taken or 
purchased, be filed for record by the city in the registry 
of deeds for the southern Middlesex district. 



Acts, 1902. — Chap. 229. 169 

Section 3. All claims for damages sustained by the Damages, 
taking of lands, rights or easements under this act other- 
wise than by purchase, or by any other act done under 
authority hereof, shall be ascertained and recovered in 
the manner now provided by law in the case of land taken 
for laying out highways in said city : 2')rovided^ that, ex- Proviso. 
cept in the case of lands taken under the provisions 
providing for the assessment of betterments, in estimat- 
ing the damages sustained by any person by the taking 
of his land or by any other act done by virtue of this act 
there shall be allowed by way of set-otf the benefit, if any, 
to the property of such person resulting from the taking 
of such land or from any other act so done. 

Section 4. At any time within two years after any AsseBemeut of 

, 1 iij_ j^ii- • • ^ . • j_ \ betterments. 

brook or natural stream or the drainage in said city has 
been improved in any of the ways mentioned in the first 
section of this act, under an order declaring the same 
to be done under the provisions of law authorizing the 
assessment of betterments, if, in the opinion of the board 
of aldermen of said city, any real estate in said city, 
including that, if any, of which a part is taken therefor, 
receives any benefit or advantage therefrom beyond the 
general advantage to all real estate in said city, the board 
may determine the value of such benefit and advantage to 
said real estate, and may assess upon the same a propor- 
tionate share of the expense of making such improve- 
ment ; but no such assessment shall exceed one half of 
such adjudged benefit and advantage, nor shall the same 
be made until the work of making such improvement is 
completed. All laws now or hereafter in force in re la- certain pro- 
tion to the assessment and collection of betterments in toappf/." *^ 
the case of the laying out, altering, widening, grading or 
discontinuing of ways in said city shall, so far as the same 
are applicable and not inconsistent with the provisions 
of this act, apply to the doings of the board of aldermen 
under this act ; and all persons who are aggrieved by the 
assessment of betterments under the provisions of this act 
shall have the same remedies now or hereafter provided 
by law for persons aggrieved by the assessment or levy 
of betterments in the laying out of ways in said city. 

Section 5. No person shall, without lawful author- Penalty for 
ity, injure, disturb or destroy any Avork of said city con- pouutiou of°'^ ' 
structed or maintained for the purposes of this act, nor waters, etc. 
pollute the waters of any brook, stream, drain, conduit or 



170 Acts, 1902. — Chap. 230. 

channel in said city, or put or maintain any obstruction 
therein. Whoever violates any provision of this section 
shall for each offence be punished by a fine not exceeding 
five hundred dollars or by imprisonment in the house of 
correction for a term not exceeding three months, or by 
both such fine and imi)risonment. 
Repeal, etc. SECTION 6. Chapter two hundred and seventy of the 

acts of the year eighteen hundred and ninety-nine is 
hereby repealed, but such repeal shall not aft'ect any 
right of action accrued or accruing by reason of the acts 
of said city under authority of said chapter previous to 
the time when this act shall take effect. 

Section 7. This act shall take effect upon its passage. 

Axiproved Mwrch 27, 1902. 

Chctp.2i30 An Act to authokize the state board of health to pub- 
osh certain information in the interests of the public 
health. 

Be it enacted, etc., as foUotvs : 

state board of Section 1. The statc board of health is hereby au- 
luh certaiu h" tliorizcd to pulilisli for general distribution such parts of 
formatiou, etc. -^^^ annual report and such other matter as it may deem 
adapted to promote the interests of the pu])lic health in 
Proviso. this Commonwealth : jwovided, that the expense of such 

pulilication is paid out of the appropriation for the gen- 
eral expenses of the board and does not exceed in any one 
year the sum of five hundred dollars. The Ijoard is also 
authorized to publish not oftener than once in three years, 
beginning with the year nineteen hundred and two, a 
manual of the laws relating to boards of health in this 
Commonwealth, together with such other information 
upon the same subject as the board may deem expedient, 
the same to be distributed among the local boards of 
health throughout the Commonwealth. The cost of such 
publications shall not exceed five hundred dollars for each 
edition and shall l)e paid out of the appropriation for gen- 
eral expenses of the board. 

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

A^iiJroved March 27, 1902. 



Acts, 1902. — Chaps. 231, 232. 171 



An Act to authorize the city of fall river to inclti est- /^/./y >) QQ1 

DEBTEDNESS FOR PARK PURPOSES BEYOND THE LIMIT FIXED BY ^ 

LAW. 

Be it enacted, etc., as foUoivs : 

Section 1. The citj of Fall River, for the purpose Fan River Part 
of paying for lands for public parks or for the extension ^°^°" 
of existing parks, or for paying the cost of constructing 
such parks or extensions, may from time to time incur 
indebtedness, in addition to the amount already author- 
ized l)}^ law, to an amount not exceeding one hundred 
thousand dollars beyond the limit of indebtedness fixed 
by law for said city ; and for said purposes may issue 
from time to time bonds, notes or scrip not exceeding in 
the aggregate said amount. Such bonds, notes or scrip 
shall bear on their face the words. Fall River Park Loan, 
shall be payable at the expiration of periods not exceed- 
ing fifty 3^ears 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 mayor and 
treasurer of the city. The city may sell such securities 
at public or private sale, or pledge the same for money 
borrowed for the purposes aforesaid, upon such terms and 
conditions as it may deem proper. 

Section 2. Except as herein otherwise provided the r. l. 'j7to 
provisions of chapter twenty-seven of the Revised Laws *pp'^' 
shall apply to the indebtedness hereby authorized, to the 
securities issued therefor, and to the sinking fund estab- 
lished for the payment thereof. 

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

Approved March 27, 1902. 



Cha2?.232 



An Act to change the name of the Massachusetts loan and 

TRUST company TO THE MASSACHUSETTS TRUST COMPANY. 

Be it enacted, etc., as foHoivs : 

Section 1. The Massachusetts Loan and Trust Com- Name changed. 
pany, located in Boston, shall hereafter be called the 
Massachusetts Trust Company. 

Section 2. This act shall take eflect when accepted ^^^°"'*^^'' 
by the holders of a majority of the stock of the company 
at a meeting called for that purpose. 

Approved March 27, 1902. 



172 



Acts, 1902. — Chaps. 233, 234, 235. 



Oh((p.2S3 ^^ ^CT TO AUTHORIZE THE TRUSTEES OF THE PUnUC SCHOOL 
TEACHERS' RETIREMENT FUND TO INVEST IN BONDS OF THE CITY 
OF BOSTON. 



Trustees of 
I'ulilic School 
Teachers' Re- 
tirement Fund 
may invest in 
bonds of city 
of Boston. 



Be it enacted, etc., as folloivs : 

Section 1. The treasurer of the city of Boston is 
hereby authorized to sell to the trustees of the Public 
School Teachers' Retirement Fund, and the said trustees 
are hereby authorized to buy, bonds of the city of Bos- 
ton, upon the same terms and in such manner as the said 
treasurer is now authorized to sell such bonds to the board 
of sinking fund commissioners of the city of Boston. 

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

Approved March 27, 1902. 



Chcip.2i34: ^^ -^CT TO AUTHORIZE THE CITY OF BOSTON TO PAY A CERTAIN 
SUM OF MONEY TO JOSEPHINE E. O. LANG. 



City of Boston 
may pay a cer- 
tain sum of 
money to the 
widow of Wil- 
liam D. Lang. 



Be it enacted, etc., as folloivs : 

Section 1. The city of Boston is hereby authorized 
to pay to Josephine E. O. Lang, widow of William D. 
Lang late superintendent of lamps in that city, a sum 
of money not exceeding one half the annual salary of 
said William D. Lang as such superintendent. 

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

Aptproved March 27, 1902. 



(JJlCin.2i35 ^^ ^^^ RELATIVE TO FILLING VACANCIES IN THE BOARD OF ALDER 

MEN OF THE CITY OF MELROSE. 



1899, 162, § 51, 
amended. 



Vacancy in 
ofdce of mayor. 



Be it enacted, etc., as follotvs : 

Section 1. Section fifty-one of chapter one hundred 
and sixty-two of the acts of the year eighteen hundred 
and ninety-nine is hereby amended by inserting after the 
word " vacancy", in the twenty-second line, the words : 
— if not elected at large, — so as to read as follow^s : — 
/Section 51. If there is no choice of a mayor, or if the 
person elected mayor shall refuse to accept the office, or 
shall die before (jualifying, or if in the first nine months 
of the municipal year a vacancy in said office shall occur, 
the board of aldermen shall forthwith call meetings for a 
new election, and the same proceedings shall be had in 
respect thereto as are hereinbefore provided for the elec- 
tion of mayor, and shall be repeated until the election of 



Acts, 1902. — Chaps. 236, 237. 173 

a mayor is completed. But if such vacancy in the office 
of mayor shall occur in the last three months of the mu- 
nicipal year it shall be filled by the board of aldermen by 
a majority vote of all its members. If the full number vacancy in 
of members of the board of aldermen has not been elected, men"^!^ of aider. 
or if a vacancy in the office of alderman shall occur in the 
first six months of the municipal year, it shall be filled 
by an election by the voters of the city in the case of an 
alderman at large, or by an election by the voters of the 
Avard entitled to such representative in the case of a Avard 
alderman. But if such vacancy occur in the last six 
months of the municipal year it shall be filled by the 
board of aldermen by a majority vote of all its members. 
The person elected to fill such vacancy, if not elected at 
large, shall be a resident of the ward in which the vacancy 
occurs. 

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

Approved March 27, 1902. 



Cha2).236 



An Act to provide for the better protection of game. 
Be it enacted, etc., as follows : 

Section 1. Whoever, except as provided in section Protection of 
twenty-one of chapter ninety-two of the Revised Laws, ^^'"^' 
takes or sends or causes to be taken or sent out of the 
Commonwealth any bird or animal protected by the pro- 
visions of said chapter which has illegally been taken or 
killed within the CommonAvealth ; and whoever has in 
possession any such bird or animal with intent to take or 
send the same or to cause the same to be taken or sent 
out of the Commonwealth, shall be punished by a fine of 
twenty dollars for every bird or animal so had in posses- 
sion or taken or sent beyond the limits of the Common- 
wealth. 

Section 2. Section twenty-two of chapter ninety- Repeal, 
two of the Revised Laws is hereby repealed. 

Ajypjroved March 27, 1902. 



CJiap.231 



Ai'i Act to authorize the city of newburyport to incur 
indebtedness for school purposes. 

Be it enacted, etc., as follovjs : 

Section 1. The city of Xew1)ury})ort, for the purpose cityofNew- 
of purchasing a lot and building for high school purposes, LTurTnde'bted. 



174 Acts, 1902. ~ Chaps. 238, 239. 

nesB, issue or of i)uri'hasinj; land and erecting thereon a hierh school 

bonds, etc. .it • -iii ^ 

buildnig, may incur indebteaness to an amount not ex- 
ceeding seventy thousand dollars beyond the limit of in- 
debtedness fixed by law for that city, and may from time 
to time issue negotiable notes, bonds or scrip therefor, 
properly denominated on the face thereof, signed by its 
treasurer and countersigned by its mayor, payable at 
periods not exceeding twenty years from the dates of 
issue, and bearing interest at a rate not exceeding four 
per cent per annum, i)ayable semi-annually. 
app\y?^*° Section 2. The provisions of chapter twenty-seven 

of the Revised Laws shall, except as otherwise provided 
herein, apply to the issue and sale of such bonds, notes 
or scrip, and to the establishment of a sinking fund for 
the payment thereof at maturity. 

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

Ap2)roved March 27, 1902. 



Ch(iP.2i^S ^^ -^^"^ '^^^ AUTHORIZE THE CITY OF BOSTON TO PAY A CERTAIN 

SUM OF MONEY TO MARY M< GEE. 

Be it enacted, etc., as folloivs : 
maypaj^a'ce" SECTION 1. The city of BostoH is licrebj authorized 
mo°ne"To*the ^^ P^J ^° Mary McGcc, the mother of Dennis McGee a 
mother of menibcr of the fire deiiartment of that city who died on 
the fourteenth day of January in the year nineteen hun- 
dred and two, the amount of salary to Avhich he would 
have been entitled had he lived and served the city until 
the fourteenth day of July in the year nineteen hundred 
and two. 

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

Approved March 27, 1902. 



(7/ia/?.239 An Act RELATIVE TO THE IMPROVEMENT OF THE STATE HOUSE 

GROUNDS. 

Be it enacted, etc., as follows : 

Mrtair^ui Section 1. The governor and council may alter or 
grounds. rccoustruct, in accordance with the drawings and speci- 

fications of Robert D. Andrews, the entrance on the east- 
erly side of the state house nearest Beacon street, so that 
it shall conform to the change of grade caused by the lay- 
ing out and construction of the state house park as author- 



Acts, 1902. — Chaps. 240, 241. 175 

ized by chapter five hundred and twenty-five of the acts 
of the year nineteen hundred and one. 

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

Approved March 27, 1902. 



ChapMO 



An Act relative to the central block, a corporation lo- 
cated IN THE CITY OF PITTSFIELD. 

Be it enacted, etc., as follows : 

Section 1. The Central Block, located in the city of SJie central 

' "^ Block of Pitts- 

Pittsfield, for all the purposes, Avith all the powers and field may take 
privileges and subject to all the duties and liabilities set estate, etc 
forth in its act of incorporation, namely, chapter one 
hundred and eighteen of the acts of the year nineteen 
hundred and one, is hereby authorized to take and hold, 
subject to any easements which other persons may have 
therein, the following described real estate and interests 
in real estate, to wit: — So much of ^Market street, so- 
called, as is owned by the owners of the real estate 
described in said chapter, and a strip of land adjoining 
the same on the northerly side and now used as a way, 
twelve feet wide, and running to Depot street, together 
with all rights, interests and easements now possessed by 
the said owners mentioned or referred to in said chapter, 
in the lands adjoining all the lands herein described and 
described in said chapter. 

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

xipproved March 27, 1902. 

An Act to authorize the city of boston to pay a certain ni^fir.^ 94I 

SUM OF MONEY TO ELIZABETH M. O'FLAHERTY. ^ 

Be it enacted, etc., as follows : 

Section 1. The city of Boston is hereby authorized city of Boston 

•/ •/ may pay a cer- 

to pay to Elizabeth M. O'Flaherty, widow of William K. *-'''" """""^i^^ 
O'Flaherty late an employee at Suffolk county jail, a sum of wiuiamE. 
of money not exceeding one half the annual salary of said ^ ^^ ^' 
William E. O'Flaherty as such employee. 

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

Approved March 27, 1902. 



176 Acts, 1902. — Chap. 242. 



(7/ir<W.242 ^'^ ^^"^ '^'^ authorize the city of SPRINGFIELD TO REFUND A 

PART OF ITS WATER DEBT. 

Be it enacted, etc., as follows : 

SmayS Section 1. The citj of Springfield, by vote of its 
bonds, etc. f,\iy council, is hereby authorized to issue bonds to an 
amount not exceeding two hundred and fifty thousand 
dollars, for the purpose of refunding a part of its in- 
debtedness at present existing as a water loan, and matur- 
ing on the first day of April in the year nineteen hundred 
and three. The bonds issued under the provisions of this 
act shall be made payable not more than ten years from 
the date of issue, shall bear interest at a rate not ex- 
ceeding three and one half per cent per annum, and 
shall not be reckoned in determining the limit of in- 
debtedness of the city fixed by law. They shall be signed 
by the treasurer and countersigned by the mayor and 
auditor of the city, and may be sold or negotiated at 
public or private sale, and the proceeds shall be used in 
payment of water bonds of the city falling due on the 
first day of April in the year nineteen hundred and three ; 
but no purchaser shall be responsible for the application 
of said proceeds. 
Payment of SECTION 2. The city couucil of said city shall include 

each year in the appropriation of money to be raised by 
taxation such a sum as it shall determine will be required 
during that municipal year to meet the interest on the 
Springfield water bonds and on bonds issued under au- 
thority hereof, which will not be met by the estimated 
net income of the water department ; and in estimating 
such net income all expenses of said department, includ- 
ing the interest upon its bonds and the estimated cost of 
new distributing mains to be laid that year, shall be taken 
into account. The sinking fund provisions of chapter 
three hundred and forty-five of the acts of the year eight- 
een hundred and seventy-two and of all acts in amendment 
thereof shall, so far as they may be applicable, apply to 
the indebtedness hereby authorized. 

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

Approved March 27, 1902, 



Acts, 1902. — Chaps. 243, 244, 245. 177 



An Act relative to the board of overseers of harvard ni^n^^ 94Q 

COLLEGE. 

Be it enacted, etc., as follows : 

Section 1. The President and Fellows of Harvard ^e?//ofHa7.'"" 
College and the board of overseers of said colleo-e, actinoj vard coiiege, 

o . 111^1 ^/.^ election, etc. 

separately at meetings called lor that purpose, may, alter 
the expiration of three years from the date of the accept- 
ance of this act, as provided for in section two, determine 
from time to time by concurrent vote whether any, and, 
if any, what degrees issued by said college other than 
those mentioned in the first section of chapter one hun- 
dred and seventy-three of the acts of the year eighteen 
hundred and sixty-five, shall entitle the recipients thereof 
to vote for overseers to the same extent and under the 
same restrictions to and under which recipients of the 
degi'ee of bachelor of arts from said college may now so 
vote. 

Section 2. This act shall take effect when the board ^^^^^t^^ *° ^^''^ 
of overseers and the President and Fellows of Harvard 
College, respectively, at meetings held for that purpose, 
shall by vote assent to the same. 

Approved March 27, 1902. 



Chaj)M4: 



An Act to place the public cemeteries of the city of fall 

RIVER under the CONTROL OF THE PARK COMMISSIONERS OF 
THAT CITY. 

Be it enacted, etc., as follows : 

Section 1 . The park commissioners of the city of puMJc^ceme* 
Fall Eiver shall have the custody, care and control of the ^[^^^ '" ^''^ 
public cemeteries in that city, subject to all general laws 
relating to cemeteries, with all the powers which said city 
has in the selection of officers and employees. 

Section 2. This act shall take effect upon its [)assagc. 

Approved April 1, 1902. 



Chap.245 



An Act to authorize the great Harrington fire district to 

INCREASE its WATER SUPPLY AND TO ISSUE BONDS FOR THAT 
PURPOSE. 

Be it enacted, etc., as follows : 

Section 1. The Great Barrinijton Fire District is T^e ^-■■e^.t Bar. 

i^ nngton l<ire 

hereby authorized, for the use of the inhabitants of said J>i«trictmay 



178 



Acts, 1902. — Cuai'. 245. 



take certain 
waters, etc. 



May enter upon 
lands, lay pipes, 
etc. 



Damages. 



Proviso. 



Great Barring- 
ton Fire Dis- 
trict Water 
Loan, Fourth 
Issue. 



district, to take tlie Avliolc or any part of the Avatcrs of 
Green river in the town of Great Barrington, of Harmon 
brook in the town of Montere}^ of Mount Washington 
brooli in the towns of Egreniont and Mount Washington, 
of Seelvonk brook in the town of Alford, of Kil))ourne 
broolv, Leavitt brook and Roaring broolv in the town of 
Great Barrington, and of any otlier springs or streams in 
tlie town of Great Barrington or in eitlier of the above 
named towns : jn'ovided, that no source of water supply 
sliall be talven for domestic purposes under this act witli- 
out the advice and approval 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 and wa^^s, 
and along any ways in the towns aforesaid as may be 
necessary : provided, that no way and no private property 
shall be used or obstructed in an unnecessary manner or 
for an unnecessary length of time. 

Section 3. The said fire district shall be liable for all 
damages to property sustained by any person by the tak- 
ing of any land or by the doing of any other act herein 
authorized ; and an}^ 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 : jyrovided, that application is 
made within two 3^ears after the taking 

Section 4 
is hereby authorized, for the above mentioned purposes, 
to issue from time to time bonds or other obligations, not 
exceeding}: in the acrcreo-ate the sum of two hundred thou- 
.sand dollars. Such bonds or other obligations shall be 
in addition to the amount of the bonds already issued 
by said fire district ; shall be denominated on their face, 
Great Barrington Fire District Water Loan, Fourth Issue ; 
shall be jiayablc 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 ; 
and shall be signed by the treasurer and countersigned by 
the chairman of the water commissioners of said fire dis- 
trict. The said fire district may sell such securities at 
public or private sale, or pledge the same for money bor- 
rowed for the purposes of this act, upon such terms and 



The said Great Barrington Fire District 



Acts, 1902. — Chap. 246. 179 

conditions as it may deem proper. The said fire district Binkingfund. 
shall provide at the time of contracting said loan for the 
establishment of a sinking fund, and shall annually con- 
tribute to such fund a sum sufficient with the accumula- 
tions thereof to pay the principal of said loan at maturity. 
The said sinking fund shall remain inviolate and pledged 
to the payment of said loan and shall be used for no other 
purpose. 

Section 5. The said fire district, instead of establish- May provide for 
ing a sinking fund, may at the time of authorizing said meiUB on*ioau, 
loan provide for the payment of the same by such annual '^"^" 
payments as will, in the aggregate, extinguish the same 
at maturity. The tow^n of Great Barrington is hereby 
authorized to assess and collect upon the polls and estates, 
real and personal, in said fire district, all taxes necessary 
to pay the principal and interest of any obligations sold 
or pledged by the said district as aforesaid. 

Section 6. The authority to take an additional water To be assented 
supply, to incur indebtedness, and to issue bonds or other thirds vote. 
obligations therefor, under the provisions of this act, is 
granted on condition that the same is assented to by a 
two thirds vote of the voters of the said fire district 
present and voting thereon at a meeting called for that 
purpose. 

Section 7 . Except as otherwise provided in section when to take 
six this act shall take effect upon its passage. 

Approved April 1, 1902. 

An Act kelative to the construction and kepair of state f^-t c^in 

HIGHWAYS BY THE MASSACHUSETTS HIGHWAY COMMISSION. ^ * 

Be it enacted, etc., as follows : 

Section 1. The Massachusetts highway commission construction 
is hereby authorized to expend a sum not exceeding five stlfte wgh^v/ys. 
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 
three. 

Section 2. For the purpose of meeting the expendi- state Highway 
ture hereby authorized the treasurer and receiver general 
is hercb}^ 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- 



180 Acts, 1902. — Chat. 247. 

lars, for a term not exceeding thirty years. Such scrip 
or certificates of indebtedness shall be issued as registered 
bonds or with interest coupons attached, and shall bear 
interest not exceeding four per cent per annum, payable 
semi-annually. They shall be designated on their face as 
the State Highway Loan, shall be countersigned by the 
governor and shall be deemed a pledge of the faith and 
credit of the Commonwealth ; and the principal and in- 
terest thereof shall be paid at the times specilied therein 
in gold coin of the United States or its equivalent. They 
shall be sold at public auction, or disposed of in such other 
manner, at such times and prices, in such amounts and 
at such rates of interest, not exceeding the rate above 
Sinking fund, specified, as shall be deemed best. The sinking fund 
established by chapter four hundred and ninetj'^-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 general shall appor- 
tion 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 bonds. 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. 

Ajyjyroved Ax)rU 1, 1902. 

Ghap.'2i^ An Act kelative to sewer assessments in the town oe 

WAKEFIELD. 

Be it enacted, etc., as foUoivs : 

amendld. SECTION 1. Chapter three hundred and seventy-seven 

of the acts of the year nineteen hundred is hereby amended 
by striking out section six and inserting in place thereof 
ItlT^lemlr'^ the following : — Section 6. The town of Wakefield shall 
sewerage, etc. pay one third of the estimated cost of said system or sys- 
tems of sewerage. The remaining cost shall be borne 
by the owners of estates situated within the territory 
embraced by said sewers and benefited thereby, but no 
estate shall be deemed to be benefited until a sewer is 
constructed into Avhich the sewage from it can be drained. 
The owners of such estates shall be assessed by said com- 
missioners their proportional parts respectively of such 
portion of the total cost as is not borne by the town as 



Acts, 1902. — Chap. 248. 181 

above provided. Such proportional parts shall be based 
upon the estimated cost of all the sewers composing said 
system or systems, and shall be assessed by a fixed uni- 
form rate according to the frontage of such estate on any 
street or way in which a sewer is constructed, or according 
to the area of such estate within a fixed depth from such 
street or way, or according to both frontage and area, 
and the said commissioners may from time to time estab- 
lish just and equitable annual cliarges for the use of the 
sewer in said toAvn, which vshall be paid by every person 
who enters his particular sewer therein. The money 
received from such annual charges may be applied to the 
payment of the cost of maintenance and repair of such 
sewers or of any debt contracted for sewer purposes, 
including the amounts which the town is required to pay 
by the provisions of chapter one hundred and seventy- 
two of the acts of the year nineteen hundred. 

Section 2. This act shall take eft'ect upon its accept- ^^^^"^ *° ^^""^ 
ance by the town of Wakefield . 

Approved April 1, 1902. 



An Act to authorize the city of quincy to make an addi- 
tional SEWERAGE LOAN. 



Cha2).24S 



Be it enacted, etc., as folloios : 

Section 1 . The city of Quincy, for the purpose of city of Quincy 

-,. *; , ''' „ ^*^ , Sewer Loan, 

extending and completing its system oi sewerage, and Act of 1902. 
for the purposes mentioned in chapter two hundred and 
seventy-nine of the acts of the year eighteen hundred 
and ninety-five and acts in amendment thereof, may 
issue bonds, notes or scrip to be denominated on the 
face thereof. City of Quincy Sewer Loan, Act of 1902, 
to an amount not exceeding two hundred thousand dol- 
lars, outside the limit of indebtedness fixed by law 
for that city and in addition to the amounts heretofore 
authorized by law to be issued by the city for the same 
purposes. Such bonds, notes or scrip sliall be issued 
upon the same terms and conditions and with the same 
force and eft'ect as are provided for in said chapter two 
hundred and seventy-nine and in chapter two hundred 
and twenty-five of the acts of the year eighteen hundred 
and ninety-seven, and in acts in amendment thereof and 
in addition thereto. 

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

Approved April i, 1902, 



182 



Acts, 1 902. — Chaps. 249, 250, 251. 



C7irt7:>.249 ^^ -^^"^ '^^ prohibit advertising regarding the performance 

OF THE MARiUAGE CEREMONY. 

Be it enacted, etc. , as follotvs : 

Section 1. It shall be unlawful for any person to 
advertise in a neAvspaper, circulated in this Common- 
wealth, or by any other means, to perform or to procure 
the performance of the marriage ceremony. 

Section 2. Whoever violates any provision of this 
act shall be liable to a fine of not less than ten nor more 
than one hundred dollars. Approved April i, 1902. 



Advertising to 
perforin the 
marriage cere- 
mony, etc., 
prohibited. 



Penalty. 



Chap.^t)0 An Act to extend to army nurses the provisions of laws 

RELATIVE TO SOLDIERS' RELIEF AND TO THE BURIAL OF INDIGENT 



Provisions of 

laws relative to 

sold 

and 

tended 

nurses 



SOLDIERS. 

Be it enacted, etc. , as foUotvs : 
Section 1. The provisions 



of section eisfhteen of 



iers' relief chapter sevcnty-ninc of the Revised Laws, relative to 
led to army soldlcrs' rclicf, and the provisions of sections twenty and 
twenty-one of said chapter, relative to the burial of in- 
digent soldiers, are hereby extended to include such army 
nurses as are entitled to state aid under the provisions of 
section three of chapter seventy-nine of the Revised Laws 
and of any amendments thereof. 

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

Approved April 1, 1902. 



(7/ittZ).251 ^"^ -^^^ ^*^ PROVIDE THAT CERTAIN ARMY 



NURSES SHALL BE ELI- 
GIBLE TO RECEIVE STATE AID. 



R. L. 79, § 3, 
amended. 



Certain army 
nurses eligilile 
to receive state 
aid. 



Be it enacted, etc., asfoUotvs: 

Section 1. Section three of chapter seventy-nine of 
the Revised Laws is hereby amended by striking out lines 
ninety-five to one hundred and eight, inclusive, and 
inserting in place thereof the following : — Fifth class. 
Women who served not less than three months as nurses 
in the army hospitals of the United States between the 
nineteenth day of April in the year eighteen hundred and 
sixty-one and the first day of September in the year 
eighteen hundred and sixty-five, and who for three con- 
secutive years next prior to the date of application for aid 
shall have been actually resident in this Commonwealth 
and who shall not be in receipt of an annuity from this 



Acts, 1902. — Chaps. 252, 253. 183 

Commonwealth; if the municipal authorities are satisfied, 
on evidence first reported to and found satisfactory by the 
commissioners of state aid, that the service was actually 
rendered and that justice and necessity require the grant- 
ing of aid. The amount of such aid and its duration 
shall be determined by the commissioners of state aid. 
Section 2. This act shall take eflect upon its passage. 

Airproved April i, 1902. 



Cha2?.252 



An Act to authorize the Worcester and southbridge street 
railway company to act as a common carrier of merchan- 
dise, fuel and farm produce. 

Be it enacted, etc., as folloivs : 

Section 1. The Worcester and 8outhbrido;e Street ^^y act as a 

. ~ „ common earner 

Kailway Company may act as a conmion carrier oi mer- of merchandiBe, 

chandise in small quantities, and of fuel and farm produce, 

over its tracks in the towns of Southbridge, Charlton, 

Oxford, Leicester and Auburn, and upon other tracks 

over which it may have trackage rights : provided, how- provisos. 

ever, that said company shall not so act in any town until 

authorized so to do by the selectmen of such town ; and 

provided, furfher, that said company shall in so acting be 

subject to such by-laws, ordinances and regulations as 

may from time to time be made by any city or town in 

which it exercises the privileges given by this act ; and 

shall also be subject to the provisions of all laws now or 

hereafter in force relating to connnon carriers. 

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

Ajyproved Ajiril 1, 1902. 



Cliap.25^ 



An Act to relieve the city of boston from payment in civil 

ACTIONS in which IT IS A PARTY OF FEES AND EXPENSES TO 
ANY CLERK OF A COURT OF SUFFOLK COUNTY. 

Be it enacted, etc., as folloivs : 

Section 1. Section six of chapter two hundred and ^^j^^^^^^' ^ ^' 
four of the Revised Laws is hereby amended by adding at 
the end thereof the words : — In civil actions in which 
the city of Boston is a party no fee or expense shall be 
paid to any clerk of a court of Suflblk county b}^ or 
on behalf of the city ; but, if the city prevails, the fees 
allowed by laAv shall be taxed. 

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

Approved Apjril 1, 1902. 



184 



Acts, 1902. — Chaps. 254, 255. 



ChCtV 254 -^^ ■^^'^ '^'^ AUTHORIZE THE CITY OF GLOUCESTER TO INCUR IN- 
DEliTEDNESS IN EXCESS OF ITS DEBT LIMIT FOR THE PURPOSE OP 
EXTENDING AND CONSTRUCTING ROGERS STREET. 

Be it enacted, etc., as foUoivs : 

Rogers street SECTION 1. TliG citj of Gloucester, ill Order to pay 
ter, Act of 1902. the cost of extending, laying out and constructing Rogers 
street, in tliat city, from Porter street westerly to connect 
with Commercial street near the Landing Place, so-called, 
may issue from time to time, outside of its debt limit as 
established by law, bonds, notes or scrip to an amount 
not exceeding seventy-five thousand dollars. Such bonds, 
notes or scrip shall bear on their face the words, Rogers 
Street Loan, Gloucester, Act of 1902, and shall bear in- 
terest at a rate not exceeding four per cent per annum, 
payable semi-annually. 

Section 2. Such bonds, notes or scrip shall be pay- 
able at the expiration of periods not exceeding thirty 
years from the date of issue, and, except as herein other- 
wise provided, shall be issued in accordance with the 
provisions of chapter twenty-seven of the Revised Laws. 
Section 3. This act shall take effect upon its passage. 

Ap2yi'oved April i, 1902. 



Payment of 
loan, etc. 



Chaj) 



255 An Act to authorize the Berkshire street railway company 
TO carry baggage and small parcels of merchandise gen- 
erally, AND TO CARRY FREIGHT, MERCHANDISE, BAGGAGE AND 
MARKET PRODUCE IN A CERTAIN PART OF THE TOAV^N OF LENOX. 

Be it enacted, etc., as follozvs : 

^mmou carrier SECTION 1. The Berkshire Street Railway Company 
of merchandise, jg hereby authorlzcd to act as a common carrier of 
baggage and small parcels of merchandise in any city or 
town in which it is authorized to operate its railway : 
2)rovided, tliat said company shall not so act in any city 
or town until authorized so to do by the board of alder- 
men or selectmen thereof; and provided, further, that 
said company shall be subject to such ordinances and by- 
laws as may from time to time be made by any such city 
or town, and shall also be subject to the provisions of 
chapter seventy of the Revised Laws and of all other laws 
now or hereafter in force relating to common carriers. 
Section 2. The Berkshire Street Railway Company 



Provisos. 



May act as a 
comraorx carrier 



of fruigiit, etc., jg hcrcby authorized to act as a common carrier of freight, 



Acts, 1902. — Chap. 25G. 185 

merchandise, basfofao-e and market produce in the town in part of towu 
of Lenox, between Lenox village and the Lenox steam 
railroad station, subject to the provisions contained in 
section one of this act. 

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

Ajiproved April 7, 1902. 



Chap.256 



An Act to exempt the county commissioners of the counties 
of fkanklin and hampshiue from the provisions of laav 
requiring them to maintain truant schools. 

Be it enacted, etc. , as follows : 

Section 1 . Section one of chapter forty-six of the r. l. 46, § i, 
Revised Laws is hereby amended by inserting after the *'"*" 
word "Berkshire", in the second and sixteenth lines, 
respectively, the words: — Franklin, Hampshire, — so 
as to read as follows: — Section 1. The county com- Mainteuauce, 

• • J? ^ J. J. xi J.' i> -r> etc., of truaut 

missioners or each county, except the counties oi Jiarn- echoois. 
stable, Berkshire, Franklin, Hampshire, Dukes County 
and Nantucket, shall maintain either separately or jointly 
Avith the commissioners of other counties as hereinafter 
provided, in a suitable place, not at or near a penal institu- 
tion, a truant school for the instruction and training of 
children committed thereto as habitual truants, absentees 
or school offenders. The county commissioners of two 
or more counties may, at the expense of said counties, 
establish and maintain a union truant school which shall 
be organized and controlled by the chairmen of the county 
commissioners of said counties. The chairmen of the 
respective boards of county commissioners of the counties 
of Norfolk, Bristol and Plymouth, having the manage- 
ment of the Norfolk, Bristol and Plymouth union truant 
school, shall each be paid the sum of one hundred dol- 
lars annually b}^ said counties, respectively. The county 
commissioners of the counties of Barnstable, Berkshire, 
Franklin, Hampshire, Dukes County and Nantucket shall 
assign a truant school established by law as the place for 
the instruction and training of children committed within 
their respective counties as habitual truants, absentees 
or school offenders, and shall pay for their support in 
said school such reasonable sum as the county commis- 
sioners having control of said school may determine. For 
the purposes of this chapter the parental school of the 
city of Boston shall be deemed the county truant school 



186 Acts, 1902. — Chap. 257. 

of the county of Suflblk, unci commitments from the 
towns of Revere and AVinthroi) and the city of Chelsea 
shall be to the truant school for the county of Middlesex. 
The city or town from which an habitual truant, absentee 
or school offender is committed to a county truant school 
shall pay to the county within which it is located one 
dollar a week towards his support ; but the towns of 
Revere and Winthrop and the city of Chelsea shall pay 
to the county of Middlesex, for the support of each child 
committed to the truant school of said county, two dol- 
lars and fifty cents a week, and such additional sums for 
each child as shall cover the actual cost of maintenance. 
Section 2. This act shall take effect upon its passage. 

Approved April i, 1902. 

GliCip.^tjJ An Act kelative to the wachusett mountain state reserva- 
tion COMMISSION. 

Be it enacted, etc., as folloios: 

i^9j^378, §5, Section 1. Section five of chapter tliree hundred and 

seventy-eight of the acts of the year eighteen hundred 
and ninety-nine is hereby amended by adding at the end 
thereof the words : — And the said commission shall 
annually, before the tenth day of January, make to the 
county commissioners of said county a report in writing 
of all moneys received and of all expenditures made or 
authorized by them for the care and maintenance of said 
reservation during the preceding year, — so as to read 

Care and main- as follows : — Section 5. The ucccssary expense for care 

Wachusett and maintenance of the Wachusett Mountain State Res- 
Mountain state j_' • r • A.^ j. t_ i • i 

Reservation. crvation, in cxccss ot any income that may be derived 
therefrom, shall be annually estimated by the Wachusett 
Mountain State Reservation Commission, and shall be 
embodied by the county commissioners of the county of 
Worcester in the estimate annually submitted by them to 
the general court, and shall be assessed upon said county 
and collected in the same manner as are county taxes. 
Mlpteimi e^x- -^"^ ^^^^ ^'"^^^ commission shall annually, before the tenth 
penditures to be (Jay of Januarv, make to the county commissioners of 

made auuually, -^ »' ' »' 

said county a report in ^vriting of all moneys received 
and of all expenditures made or authorized by them for 
the care and maintenance of said reservation during the 
preceding year. 

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

A2)proved April 1, 1902, 



Acts, 1902. — Chaps. 258, 259, 260. 187 



An Act to authorize the city of boston to pat a certain (77i«?9.258 

SUM OF MONEY TO P.ARTHOLOMEW J. MURPHY. 

Be it enacted, etc., as follows : 

Section 1. The city of Boston is hereby authorized ^a^pl^a^ce?- 
to pay to Bartholomew J. Murphy, father of Frank P. tain sum of 

-« T 1 1 1 /• 1 •! • 1 money to fatber 

Murphy late a member oi the conmion council oi tliat of Frank p. 
city, a sum of money not exceeding one half of the annual ""^^ ^' 
salary of said Frank P. Murphy : provided, that the sum Provieo. 
hereby authorized to be paid shall not exceed the amount 
to which said member would have been entitled if he had 
lived and completed his term as such member. 

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

Approved April 1, 1902. 



An Act to authorize the city of boston to pay a certain (^/j/vt) 259 

SUM of money to MARGARET A. AND KATHARINE ALEXANDER. 

Be it enacted, etc., as follows : 

Section 1. The city of Boston is hereby authorized city of Boston 

'' .^ may pay a cer- 

to pay to Margaret A. and Katharine Alexander, dauo-h- tain sum of 

^ IDOllGV to 

ters of Richard H. Alexander late an employee of the daughteiBof 

sanitary division of the street department, a sum of Alexander! 

money not exceeding one half of the annual salary of 

said Richard H. Alexander : jwovided, that the sum hereby Provieo. 

authorized to be paid shall not exceed the amount to 

which said employee would have been entitled if he had 

lived and continued to serve as such employee until the 

first day of February next succeeding the date of his 

death. 

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

Ap)2jroved April 1, 1902. 



An Act to authorize the city of boston to pay a sum of rtj.^.y. <^(\f\ 

MONEY TO THE WIDOW OF JAMES J. DUNLEA. ^ "^ 

Be it enacted, etc., as follozos : 

Section 1. The city of Boston is hereby authorized city of Boston 
to pay to the widow of James J. Dunlea late an employee ufi simi of''^'^" 
of the wire department of that city, a sum of money not wiTow of James 
exceeding one half of the annual salary of said Dunlea : ^' ^'^"**'"- 
provided, that such sum shall not exceed the amount to Proviso. 
which the said Dunlea would have ])een entitled if he 



188 Acts, 1902. — Chaps. 261, 262, 263. 

had lived and continued to serve as such eniplo3^ee until 
the first day of February next succeeding the date of his 
death. 

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

ApX)roved A^nil 1, 1902. 

ChciV.^G^ An Act to authorize the citv of boston to pay a sum of 

MONEY TO THE WIDOW OF JOHN A. KIDNEY. 

Be it enacted, etc., as foUoivs : 
CityofBoBton SECTION 1. The citv of Bostou is hereby authorized 

may pay a cer- /• t i 4 -w- 1 1 

taiuBumof to pay to tlic widow 01 John A. Kidney late an em- 

widlTwof Johu ployee of the auditing department of that city, a sum 

A. ividuey. ^^^ moncy not exceeding one half of the annual salary of 

Proviso. '"^aid Kidney : provided, that such sum shall not exceed 

the amount to which the said Kidney would have been 

entitled if he had lived and continued to serve as such 

employee until the first day of February next succeeding 

the date of his death. 

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

Ajyjiroved April 1, 1902. 

(JJianJ^idl ■^'^ -^^^ RELATIVE TO THE CHARLESTOWN SCHOOL TRUST FUND. 

Be it enacted, etc., as folloivs : 
1900,235, Section 1. Chapter two hundred and thirty-five of 

the acts of the year nineteen hundred, relative to cer- 
tain funds and other property held for educational and 
other purposes by the corporation known as The School 
Committee of the City of Boston, is hereby amended by 
striking out at the end of section one the words, "but 
shall dispose of the income of the fund known as the 
Charlestown School Trust Fund for the benefit of per- 
sons or the families of persons who are or have been 
teachers within the limits of what was formerly the city 
of Charlestown ". 

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

Approved April 1, 1902. 



ameuded. 



Cha7).'2J&^ An Act to authorize the town of stoneham to establish a 

BOARD OF PUBLIC WORKS. 

Be it enacted, etc., as foUoivs : 
Town of stone- Section 1. UpoH the acccptancc of tliis act as pro- 
couimiesioners vidcd for hereinafter the town of Stoneham shall, at a 

of public worka. 



Acts, 1902. — CnAr. 263. 189 

legal meeting called for the purpose or at any annual 
town meeting, elect by ballot tliree persons who shall 
serve and be known as commissioners of public works, 
and who shall hold office, one until the expiration of 
tliree years, one until the expiration of two years and 
one until the expiration of one year from the annual 
town meeting at which they are elected, or which follows 
the special meeting at wliich tliey are elected. Thereafter 
one such commissioner sliall be elected annually at the 
annual town meeting, to serve for the term of three years 
therefrom. The commissioners shall serve until their suc- 
cessors are elected and qualified. Any vacancy occurring Vacancy. 
in said board may be filled for the unexpired term by said 
town at any legal meeting. 

Section 2. Upon the election of said commissioners, offices of sewer 

^ ' • , t^ , 1 ,1 /T> ^ • commissioners 

or or a majority oi them, the omces oi sewer commis- and water com- 
sioners and water commissioners of said town shall be ^oUshed^eTc^^ 
abolished, and thereupon all the powers, duties and lia- 
bilities conferred or imposed by law upon the said sewer 
commissioners and water commissioners shall be con- 
ferred and imposed upon the said commissioners of public 
works ; but nothing herein shall be construed to author- 
ize the said commissioners, or any of them, to collect 
or receive water rates or any other money due to the 
town. The aforesaid transfer of powers, duties and lia- 
bilities shall not affect any liability incurred or contract 
made before such transfer, nor any suit or other proceed- 
ing then pending. 

Section 3. Said commissioners in matters concerning Powers, duties, 

., I'l ij^j^ii*'! etc., of commis- 

streets, ways, bridges, monuments at the termini and sioners of pub- 
angles of roads, guide posts, sidewalks, shade trees and '"='^°'"'^^- 
drains, shall exclusively have the powers and be subject 
to the duties, liabilities and penalties of selectmen and 
surveyors of highways. 

Section 4. Said commissioners shall be sworn, and fauon^'ete!'™" 
shall receive such compensation for their services as the 
town may determine, and shall be subject to such in- 
structions, rules and regulations as the town may impose 
by its vote. 

Section 5. This act, except as provided in section to take effect 
six, shall take effect upon its acceptance by a majority ance! ^'''^^''* 
vote of the voters of the town of Stoneham present and 
voting thereon at a legal town meeting called for the 



190 Acts, 1902. — Chaps. 261, 265. 

purpose Avithin one year after its passage, but the num- 
ber of meetings so called shall not exceed three. 
may%'eTak^nby SECTION 6. So much of thls act as authorlzcs its sub- 
to^^n. mission as aforesaid shall take effect upon its passage. 

Ajyjyroved April 2, 1902. 

Oh an 264 ^^ '^^''^ "^^ trovide that inmates of the soldiers' home may 

' VOTE IN THE CITY OF CHELSEA WITHOUT ACQUIRING A SETTLE- 

MENT THEREIN. 

Be it enacted, etc., as folloios : 

d?MB*Homf°^ Section 1. Any inmate of the Soldiers' Home in the 

may vote in city of Chclsca sliall liave the same right as any other 

resident of that city to be assessed and to vote therein : 

Proviso. provided, however, that such inmate shall not by virtue 

of the assessment or payment of taxes, or of registration 

as a voter, acquire a settlement in said city. 

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

Approved April 8, 1902. 

Chan.2()5 ^ ^^'^ ^O provide for the construction at TAUNTON OF A 
BUILDING FOR THE REGISTRY OF DEEDS FOR THE NORTHERN DIS- 
TRICT OF THE COUNTY OF BRISTOL AND FOR THE REGISTRY OF 
PROBATE AND THE PROBATE COURT FOR SAID COUNTY. 

Be it enacted, etc., as folloios: 

^ouersra™™'*' SECTION 1. The county commissioners of the county 
erect a building ^f Bristol arc licrebv authorized to erect at Taunton for 

at launton for , /. i i /» i ^• • j. i- • i 

the registries of thc registry of dccds lOF tlic nortlicm district oi said 
bate.^'etc. ^"^^ county and for the registry of probate and the probate 
court for said county, a suitable building at an ex})ense 
not exceeding the sum of one hundred thousand dollars ; 
and the commissioners shall not make any contract call- 
ing for the expenditure of a greater sum. 
Sproved^c. Section 2. No 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 
judge of probate, the register of probate, and the register 
of deeds of the northern district of the county of Bristol, 
and have been approved by said board. 
^ionerBtoT*'' Section 3. After the plaiis for Constructing Said build- 
vertiKe for pro- juor havc bccu SO apnrovcd the county commissioners shall 

posals for work, , . /. ^ ^ i i • , i /• • i • 

etc. advertise for proposals for doing the Avork and furnishing 

the materials rc(|uired by the plans. Such advertise- 
ments shall be i)ublished in at least two daily ucwsi)apers 



Acts, 1902. — CiiAr. 265. 191 



of general circulation in the city of Boston, and in some 
daily paper printed in the county of Bristol, for not less 
than two weeks in succession prior to the time specified 
in the advertisements for opening the proposals ; and the 
proposals shall not specify any particular person or per- 
sons of whom the contractor shall be required to purchase 
his materials. The contract shall be awarded to the per- Awarding of 
son, firm or corporation making the lowest bid within the '^°"*'"'*"=*- 
limits prescribed by this act, provided that such bidder 
shall give a bond in the sum of not less than fifty thou- 
sand dollars to be approved by the count}^ commissioners ; 
but the contract shall not be awarded until it is approved 
by the board provided for in section two of this act. 

Section 4. The county commissioners shall have au- Bidsmaybe 
thority to reject any and all bids, and in the event of ''•'J®'^*''''' ^*<=- 
their rejecting all bids they may, after again advertising, 
award the contract to such person or persons, and for such 
a contract price, within the sum of one hundred thousand 
dollars, as they shall deem best for the interests of the 
county ; but no such contract shall be awarded until it 
has been so advertised, nor until it has been approved by 
the board provided for in section two of this act. 

Section 5. Every contract awarded under the provi- ^uwcuoc^e?-^ 
sions of this act shall be deemed to have been made ,sub- tain condition, 
ject to the folloAving 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 work or 
material shall be done or furnished, or matter or claim 
allowed, the board appointed by section two of this act 
shall approve the same and the additional sum or sums to 
l)e paid therefor. 

Section (3. In order to meet the ex])ense incurred county commis. 

i sioners may 

under this act the county commissioners may borrow on borrow ou 
the credit of the county a sum not exceeding one hundred county, etc. 
thousand dollars. 

Section 7. The receipt and acceptance by the county The receipt and 

/?i-ii' ,1 ij. , ,' /« acceptance of 

commissioners oi bids tor the complete construction oi wdstobeau- 
the said building within the sum of one hundred thousand indebTedness,'"^ 
dollars, such receipt and acceptance being evidenced by except, etc. 
certificate to that ettect signed by the members of the • 
board named in section two of this act, shall be a condi- 
tion precedent to the authority of the said commissioners 



192 



Acts, 1902. — CiiAr. 266. 



to incur- indebtedness under this act, except for procuring 
plans and specifications. 

Section 8. This act shall take effect upon its passage. 

Approved April 8, 1902. 



County com- 
miwBioiiers may 
take land In 
Salem for new 
building for 
registry of 
deeds, etc. 



Description of 
land to be re- 
corded, etc. 



QJiap.2(jG -'^N Act to authorize the county commissioners of the county 

OF ESSEX TO ACQUIRE LAND IN THE CITY OF SALEM AND TO PRE- 
PARE PLANS FOR A I'.UILDING FOR THE REGISTRY OF DEEDS FOR 
THE SOUTHERN DISTRICT AND FOR THE PROBATE COURT OF SAID 
COUNTY. 

Be it enacted, etc., as follows : 

Section 1. The county conuiiissioners of the county 
of Essex are hereby authorized to take by purchase or 
otherwise, such land in the city of Salem as may be 
necessary for a ncAv building for the use of the registry 
of deeds for the southern district of said county, and for 
the probate court of said county, and to prepare suitable 
plans for such a building. For these purposes they may 
expend a sum not exceeding fifty thousand dollars. 

Section 2. Said county commissioners shall, within 
sixty days after the taking of any land under this act, 
otherwise than by purchase, file and cause to be recorded 
in said registry of deeds a description of such land suffi- 
ciently accurate for identification, with a statement signed 
by them of the purpose for Avhich the same was taken ; 
and the title to any land so taken shall vest in said county 
in fee. 

Section 3. Said county commissioners shall estimate 
and determine all damages sustained by any person by 
the taking of land or by any other act of said county 
commissioners under authority hereof; but a person ag- 
grieved by any such determination may have his damages 
assessed by a jury of the superior court in the manner 
provided by law with respect to damages sustained by 
reason of the laying out of ways. If upon trial damages 
are increased beyond the aAvard the party in Avhose favor 
the award was made shall recover his costs, otherwise he 
shall pay costs ; and costs shall be taxed as in civil cases. 

Section 4. To meet the expenses incurred under this 
act said commissioners may borrow from time to time 
upon the credit of the county of Essex a sum not exceed- 
ing fifty thousand dollars. 

Section 5. This act shall take efl'ect upon its passage. 

Approved April S, 1902. 



Damages. 



Commiseionere 
may borrow 
upon credit of 
county. 



Acts, 1902. — CHAl^ 267. 193 

An Act making appropriations for the fire marshal's de- /^7,^,^^ 9(^7' 
partment of the district police. ^ 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to bo paid out of the treasury of the Com- 
monwealtli for salaries and expenses in the fire marshal's 
department of the district police, as provided for by 
chapter one hundred and forty-two of the acts of the 
present year, from the first day of May to the thirty-first 
day of December of the present year, to wit : — 

For the salary of the deputy chief, the sum of sixteen Deputy ciiief. 
hundred dollars. 

For the salary of the chief aid, the sum of one thou- Chief aid. 
sand dollars. 

For the salaries of six additional aids, the sum of four Additional aids. 
thousand dollars. 

For the salary of the clerk of said department, the sum cierk. 
of eight hundred dollars. 

For the salary of the stenographer of said department, etenographer. 
the sum of eight hundred dollars. 

For the travelling expenses of the members of the Travelling ex- 

T,., T , T _c ^ n 1 11 penses of mem- 

district police, a sum not exceeding lorty-nve hundred bers of district 
dollars, the same to bo in addition to the twenty-three p°^'''^' ®*''' 
thousand three hundred dollars appropriated by chapter 
sixty-two of the acts of the present year, out of which 
sum may be paid the travelling, contingent and incidental 
expenses, including services and expenses of persons 
employed in secret investigations, and fees of witnesses, 
under the direction of the deputy chief of the fire marshal's 
department. 

For incidental and contingent expenses of the chief Expenses. 
and members of the district, police, a sum not exceeding 
fifteen hundred dollars, the same to be in addition to the 
two thousand dollars appropriated by chapter sixty-two 
of the acts of the present year, out of which may be paid 
the cost of postage, printing, stationery, telephonic and 
telegraphic communication, and the contingent office 
expenses of the fire marshal's department of the district 
police. 

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

Approved April 8, 1902, 



194 Acts, 1902.— Chaps. 268, 269, 270. 



Ghc(p.2(jS An Act to extend the time within which the barre street 

RAILWAY COMPANY MAY CONSTRUCT AND OPERATE ITS RAILWAY. 

Be it enacted, etc., as follmvs : 
Time extended. SECTION 1. The time within which the Barre Street 
Railway Company is authorized by chapter two hundred 
and seventeen of the acts of the year eighteen hundred 
and ninety-seven, and by chapter one hundred and twenty- 
four of the acts of the year nineteen hundred, to con- 
struct, maintain and operate its railway is hereby extended 
to the first day of April in the year nineteen hundred 
and four. 

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

Approved April 8, 1902. 



Chnjy.^iQQ -^N -^CT RELATIVE TO PRINTING THE REPORT OF THE BOARD OF 

PRISON COMMISSIONERS. 

Be it enacted, etc., as follows : 

R- L. 9 § 7, Section seven of chapter nine of the Revised Laws is 

hereby amended by striking out lines one hundred and 
forty-five to one hundred and fifty-two, both inclusive, 
and inserting in place thereof the words : — Of the board 
of prison commissioners, two thousand nine hundred 
copies ; and of the separate report of the agent for aiding 
discharged convicts, two hundred and fifty copies for the 
use of the agent. Ajyproved April 8, 1902. 



Chan 270 ^^ ^^^ ^^ provide for the completion of little's bridge in 

THE towns of MARSHFIELD AND SCITUATE. 

Be it enacted, etc., as folloivs : 
County commiB. Section 1. The couuty commissioncrs of the county 

eioners to com- .^ J 

piete Little's of Plvmoutli are hereby authorized and empowered to 

bridge in Marsh- \ "^ cT^iji^i-n i- li 

field and Scitu- complete tlic coustruction oi Ijittie s bridge, lymg partly 
in Marshfield and partly in Scituate, which bridge was 
partly constructed in the year nineteen hundred and one 
under authority of chapter three hundred and eighty-nine 
of the acts of the year nineteen hundred. The cost of the 
work herein authorized shall be paid from the treasury 
of the Commonwealth, upon vouchers approved by the 
governor and council in the same manner in which other 
claims against the Commonwealth are approved, but the 



ate, etc. 



Acts, 1902. — Chaps. 271, 272. 195 

total expenditure under this act shall not exceed two 
thousand dollars. 

Section 2 . For the purpose of this act the said com- to have exciu- 

11, 1 pii 1 I • • • ^• J.' she jurisdiction 

missioners shall have lull and exclusive jurisdiction over during work, 
said bridge while at work upon it, and shall give written ^*"^" 
notice to the selectmen of said towns of the day on which 
they will begin work on said bridge, and they shall give 
a similar notice of the day of the completion of the work. 

Section 3. Said commissioners shall keep an accurate To report to 
account of the amount and kind of work done, together counc?i"'^ ''^ 
with the cost of the same, and shall make a detailed 
report thereof to the governor and council on or before 
the first day of January in the year nineteen hundred 
and three. 

Section 4. This act shall take eflect upon its passage. 

Approved April 8, 1902. 



Chap.211 



An Act to authorize the foxborough water supply district 
to increase its indebtedness. 

Be it enacted, etc., as foUoivs : 

Section 1. The Foxborough Water Supply District, P*'^<'P„, , 

O 11.' _ ' borough Water 

incorporated under chapter one hundred and ninety-six of supply District 

the acts of the year eighteen hundred and seventy-nine. Indebtedness.' ^ 

is hereby authorized to increase the amount of bonds, 

notes or scrip which were authorized by the provisions 

of section four of said act and by acts amendatory thereof, 

from ninety-four thousand dollars to one hundred and 

four thousand dollars. 

Section 2. No bonds shall be issued or liabilities in- siibject to a two 
curred under this act unless tirst authorized by vote of 
two thirds of the legal voters of said district present and 
voting thereon at a legal meeting called for that purpose. 

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

Approved April 8, 1902. 

An Act to authorize the state board of health to publish /^/,^v> 979 

results of analyses and certain other information. -^ 

Be it enacted, etc., as foUoivs : 

Section 1 . The state board of health shall cause to state board of 
be published as often as once each month in the official ush resuitTof 
publication of said board, and also, if in its opinion the analyses, etc. 
public health can be served thereby, may cause to be 



196 Acts, 1902. — Chap. 273. 

published in one or more papers in Massachusetts, a cer- 
tificate of the examination or analysis made by authority 
of said board during the preceding month of any article 
of food manufactured or oftered for sale in the (Vmimon- 
wealth, which is adulterated within the meaning of chap- 
ter seventy-five of the Revised Laws ; and said board 
of health shall also cause to be published, with such 
certificate of examination, a statement of the trade-mark, 
brand mark or name, with the name and place of business 
of the manufacturer, which appear u})on the package or 
box containing such adulterated article, or with the name 
and place of business of the wholesale dealer of whom the 
goods were obtained. 
luyt'ilS" " Section 2. This act shall take effect on the first day 
of July in the year nineteen hundred and two. 

A2)proved Ajjril 8, 1902. 



Chap.273 



An Act to incorporate the attleboko trust company. 
Be it enacted, etc., as foUotvs : 
Attieboro TruBt Section 1. Joscph M. Batcs, Clarcncc L. Watson, 

Company in- i ' ' 

corporated. Edward A. Sweeney, Everett S. Horton, William J. 
Luther, William C. Tappan, Samuel M. Einstein, Harold 
E. Sweet, Raymond M. Horton, Charles P. Keeler, Arthur 
A. McRae, Charles H. Tappan, Alfred R. Crosby, Wil- 
liam H. Smith, Stephen A. Briggs, Herbert A. Clark, 
Arthur B. Carpenter, Everett S. Capron, David E. Make- 
peace, Willard A. Engley, Lucius Z. Carpenter, Harvey 
Clap, James E. Blake and Ered E. Briggs, their associ- 
ates and successors, are hereb}^ made a corporation by 
the name of Attieboro 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 town of Attleborough ; 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 April S, 1902. 



Acts, 1902. — Chaps. 274, 275. 197 



An Act relative to the salary of the mayor of the city (7/^^79.274 
of worcester. 

Be it enacted, etc.y as follows : 

Section 1. Section fifteen of chapter four hundred a^^ij^'^'®* 
and forty-four of the acts of the year eighteen hundred and 
ninety-three is hereby amended by striking out the word 
" three ", in the second line, and inserting in place thereof 
the word : — five, — so as to read as follows : — Section salary of mayor 
15. The salary of the mayor shall be fixed by the city ° 
council, but shall not exceed five thousand dollars, and 
shall not be increased or diminished to take efi'ect during 
the term for which he is elected. 

Section 2. The following question shall be submitted '^^Clnlilo^ 
to the voters of the city of Worcester at the next city ^"te"- 
election : — Shall the city council be authorized to fix the 
salary of the mayor at a sum not exceeding five thousand 
dollars per year, instead of a sum not exceeding three 
thousand dollars, as the city charter now provides? If a 
majority of the voters voting thereon vote " Yes", then 
this act shall take effect ; otherwise it shall not take effect. 

Approved April 8, 1902. 



An Act to extend the corporate powers of the Springfield QJinj) 275 

AND EASTERN STREET RAILAVAY COMPANY. 

Be it enacted, etc., as follows : 

Section 1. The Springfield and Eastern Street Rail- May operate. 

^ , . ■. . . etc., its railway 

Avay Company is hereby authorized to construct, maintain in certain loca- 
and operate its railway in public ways of the city of field. 
Springfield wherein locations therefor may hereafter be 
granted by the board of aldermen of that city, with all 
the powers and privileges and subject to all the duties, 
liabilities and restrictions now or hereafter in force relat- 
ing to street railways. 

Section 2. The Springfield and Eastern Street Rail- ^^y act as a 

in . „ common carrier 

way Company may act as a common carrier of baggage of merchandise, 
and small parcels of merchandise : j^^'ovided, lioivever, that provisoB. 
said compaii}^ shall not so act in any town or city until 
authorized by the selectmen of the town or the board of 
aldermen of the city ; and provided, further, that said 
company in carrying baggage and small parcels shall be 
subject to such by-laws and regulations as may from time 



198 Acts, 1902. —Chaps. 276, 277. 

to time be made by such cities and towns ; and shall also 
be subject to the i)royisions of chapter sevent}^ of the 
Re\'ised Laws and of all other laws now or hereafter in 
force relating to common carriers. 

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

Ajijjroved April 8, 1902. 

QJlC(,r),'2i7G ^^^ ■^^'^ '^^ AUTHORIZE THE CITV OF BOSTON TO PAY A CERTAIN 

SUM OF MONEY TO CAKOLINE PIKE. 

Be it enacted, etc., as foUoivs : 

S?!^, ?I,^o*-!^,° Section 1. The city of Boston is hereby authorized 
taiusumof t() pay to Caroline Pike, widow of Albert G. Pike late an 

money to wulow -, «i n-i n ^ 

of Alberto. employee oi the collecting department of that city, a sum 
of money not exceeding one half of the annual salary of 
Proviso. said Albert (1. Pike : jjrovided, that the sum hereby au- 

thorized to be paid shall not exceed the amount to Avhich 
he would have been entitled if he had lived and continued 
to serve as such employee until the first day of February 
next succeeding the date of his death. 

Section 2. This act shall take effect ui)on its passage. 

Approved April 8, 1902. 

ChaV.^iTl ^^ ^CT TO AUTHORIZE THE WORCESTER, ROCHDALE AND CHARL- 
TON DEPOT STREET RAILWAY COMPANY TO ACT AS A COMMON CAR- 
RIER OF MERCHANDISE, FUEL AND FARM PRODUCE. 

Be it enacted, etc., as folloios : 

^rn.^nn'i.lrripr Section 1. Thc Worccstcr, Roclidalc and Charlton 
Depot Street Railway Company may act as a common 
carrier of merchandise in small quantities, and of fuel and 
farm produce, over its tracks in the city of Worcester as 
they are noAV constructed, and upon other tracks over 

Provisos. which it may have trackage rights : provided, hoicever, 

that said compan}^ shall not so act in such city until 
authorized so to do by the city council thereof; and pra- 
vided, further, that said company shall in so acting be 
subject to such by-laws, ordinances and regulations as 
may from time to time be made by the cit}', and shall also 
be subject to the provisions of chapter seventy of the 
Revised Laws and of all other laws now or hereafter in 
force relating to common carriers. 

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

Ap2)roved April 8, 1902. 



common earner 
of mercliaudise 
etc. 



Acts, 1902. — Chaps. 278, 279. 199 



An Act to authorize the wamesit power company to hold rij.f.n^ 070 

ADDITIONAL REAL AND PERSONAL ESTATE. ^ 

Be it enacted^ etc., as foUoivs : 

Section 1. Section one of chapter one hundred and 1865,117 §1, 

/•I -. 1 . , 1111 amended. 

seventeen 01 the acts 01 the year eighteen hundred and 
sixty-five is hereby amended by striking out the words 
"a canal", in the sixth line, and inserting in place 
thereof the word : — canals, — by striking out the words 
" a head ", in the same line, and inserting in place thereof 
the word : — heads, — by striking out the words " a dam '\ 
in the seventh line, and inserting in place thereof the 
Avord : — dams, — and by striking out the words "near 
the Lowell cemetery ", in the seventh and eighth lines, 
— so as to read as follows: — ^Section 1. . Gilman Kim- wamesit Power 
ball, Harrison Flint and Benjamin F. Butler, their asso- ^orpSd°" 
ciates and successors, are hereby made a corporation 
by the name of the Wamesit PoAver Comi)any, for the 
purpose of managing, improving, using, selling and leas- 
ing to other persons and corporations power derived from 
water to be drawn by canals from heads maintained by 
dams across Concord river, and by the use of steam en- 
gines for like purposes ; and to use steam and water power 
for mechanical and manufacturing purposes ; with all the 
powers and privileges, and subject to all duties and lia- 
bilities given or imposed by general laws passed or to be 
passed, and applicable to like corporations. 

Section 2. Section two of said chapter is hereby 1865,117, §2, 
amended by striking out said section and inserting in ^'^®"'''^'^- 
place thereof the following: — Section 2. Said corpo- May hold real 
ration may hold for the purposes aforesaid real estate not esme*!*^*""^^ 
exceeding one million dollars in value, and personal estate 
not exceeding one million dollars in value. 

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

Ajjproved April 8, 1902. 

An Act to authorize the providence and fall river street (^Jff/jy 970 

RAILWAY COMPANY TO ACT AS A COMMON CARRIER OF BAGGAGE "' 

AND SMALL PARCELS OF MERCHANDISE. 

Be it enacted, etc., as folloivs : 

Section 1. The Providence and Fall River Street May act as a 

T,., y.- ., , ,!•!, , common carrier 

Kailway Company is hereby authorized to act as a com- of merchandise, 
mon carrier of baggage and small parcels of merchandise 



200 Acts, 1902. — CiiArs. 280, 281. 

wherever it may be authorized to construct its tracks or 
ProvisoB. operate its cars : provided^ Jioioever, that said company 

shall not so act in any city or town until authorized so 
to do by the board of aldermen or selectmen thereof ; and 
2)rovi'ded, further, that said company shall be subject to 
such ordinances or by-laws as may from time to time be 
made by any such city or town, and shall also be subject 
to the provisions of chapter seventy of the Revised Laws 
and of all other laws now or hereafter in force relating to 
common carriers. 
.Section 2. This act shall take effect upon its passage. 

vlppj'oved April 8, 1902. 

Chap. 2S0 ^^ ^'^'^ '^'^ AUTHORIZE THE FRAMINGHAM UNION STREET RAILWAY 
COMPANY TO ACT AS A COMMON CARRIER OF BAGGAGE AND 
SMALL PARCELS OF MERCHANDISE. 

Be it enacted, etc., as follows : 
May act as a Section 1. The Framino;ham Union Street Railway 

common earner r^ -^ ^ ■> . ~, j 

of merchandise, Company is hereby authorized to act as a common carrier 
of baggage and small parcels of merchandise wherever it 
may be authorized to construct its tracks or operate its 

Provisos. cars : 2:>)'ovkled, however, that said company shall not so 

act in any city or town until authorized so to do by the 
board of aldermen or selectmen thereof; and provided, 
further, that said company shall be subject to such ordi- 
nances or by-laws as may from time to time be made by 
an}^ such city or town, and shall also be subject to the 
provisions of chapter seventy of the Revised Laws and 
of all other laws now or hereafter in force relating to 
conmion carriers. 

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

Api^roved April 8, 1902. 

C/irtl).281 -^^ ^^' RELATIVE TO THE AVIDENING OF FRANKLIN STREET IN THE 
IIRIGUTON DISTRICT OF THE CITY OF HUSTON. 

Be it enacted, etc., as folloios : 

wwcVclrti'in Section 1. Applications for the assessment of dam- 

appiications for ^o-o^ arisino" out of aiiv takins: of real estate or out 

asfiessment of ~ . . ~ »' ~ 

damages may ()t aii>^ I'ljuiT to real cstatc made or done under the 
order of the board of street commissioners of the city 
of Boston, dated April twenty-first, eighteen hundred 
and ninety-four, providing for the widening of Franklin 



Acts, 1902. — Chap. 282. 201 

street, Brighton, may be made on or before the first day 
of January in tlie j^ear nineteen hundred and three, with 
the same force and effect as if seasonabl}^ made. 

Section 2. The city of Boston, acting by its board ^r^^t^emefts' 
of street commissioners, is hereby authorized to abandon ^^f^^g^'^J'^^^''"" 
and relinquish to any abutting owner, in settlement, in 
whole or in part, of damages arising out of such taking or 
injury, any rights or easements in or over said Franklin 
street as widened by authority of and under said order. 

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

Approved April 8, 1902. 

An Act relative to the term of office of the mayor of the (Jhaj) 282 

CITY OF NEWTON. 

Be it enacted, etc., as folloivs : 

Section 1. Section thirty-five of chapter two hun- isqt, 283, § 35, 
dred and eighty-tlu'ce of the acts of the year eighteen '^p^'^^'^'^- 
hundred and ninety-seven is hereby repealed. 

Section 2. Section four of said chapter is hereby 1897, 283, § 4, 
amended by striking out in the seventh line, the words ^"*^" 
"one year", and inserting in place thereof the words : — 
two years, — so as to read as follows : — Section 4. The Mayor, aider- 
annual city election shall be held on the second Tuesda}^ ™rarautee! °° 
of December, at which there shall be elected by ballot, |[«ctiou, terms, 
a mayor, aldermen at large and aldermen by wards, and 
members of the school committee. The mayor, alder- 
men and school committee shall respectively be elected 
and hold office as follows : — The mayor for the term of 
two years and until his successor is elected and qualified ; 
the aldermen at large for the term of two years, except for 
the first term herein provided, and the aldermen by wards 
for the term of one year ; the school conmiittee for the 
term of three years, except as herein otherwise provided. 
The board of aldermen shall consist of twenty-one mem- 
bers, until otherwise provided. At the next annual city 
election there shall be elected by and from the voters of 
the city the following oflicers : — A mayor, one alderman 
from each ward to serve for the term of one year, and 
one alderman from each ward to serve for the term of 
two years, and such members of the school committee 
as shall be necessary to fill vacancies, as provided in sec- 
tion nineteen of this act, and there shall be elected by 
and from the voters of each ward one alderman to serve 



202 



Acts, 1902. — Chap. 283. 



Section 2 to be 
submitted to 
voters. 



When to take 
effect. 



for the term of one year. At each annual city election 
thereafter there shall be elected officers to fill vacancies 
and to succeed those whose terms expire upon the second 
Monday of January following. 

Section 3. Section two of this act shall be submitted 
to the voters of the city of Newton at the next municipal 
election, and if accepted by a majority of the voters vot- 
ing thereon the mayor of the said city shall in the 3^ear 
nineteen hundred and three and thereafter be elected for 
a term of two years. If not so accepted section tAvo 
hereof shall not take effect. 

Section 4. Except as otherwise provided in section 
tlu'ee this act shall take effect upon its passage. 

Approved April 8, 1902. 



Chcip.^SS An Act to authorize the leasestg of farm pond in the town 

OF COTTAGE CITY BY THE COMMISSIONERS ON FISHERIES AND 
GAME. 



Farm pond in 
Cottage Citj' 
may be leased, 
etc. 



Proviso. 



Hearing to be 
given. 



Limits may be 
fixed. 



Custody of 
leases, etc. 



Be it en((cted, etc., as foUoivs : 

Section 1. The commissioners on fisheries and game, 
or any two of them, may in the name of the Common- 
wealth lease, for a term not exceeding eleven years, the 
pond known as Farm pond, in the town of Cottage City 
in the county of Dukes County, with the arms, coves 
and bays connected therewith, for the purpose of cultivat- 
ing useful fishes, for such periods of time and on such 
terms and conditions as may seem to them most for the 
public good : jivovided, that nothing herein shall affect the 
right of any citizen of the Commonwealth to take fish in 
said pond or in the waters connected therewith, by hook 
and line, according to the laws now or hereafter in force 
relating to the taking of fish by hook and line. 

Section 2. Before making such lease the commis- 
sioners shall appoint a time and place for a hearing upon 
the application therefor, and shall give notice of the hear- 
ing to every town within the limits of which any part of 
said pond lies. 

Section 3. The commissioners may fix the limits of 
the said pond and of the arms, coves and bays connected 
therewith ; which limits, being recorded in the registry 
of deeds for said county, shall be taken to be the legal 
limits thereof for all the purposes of this act. 

Section 4. The commissioners shall have the custody 
of all such leases, and may cause any agreements, rights. 



Acts, 1902. — Chaps. 284, 285. 203 

reservations, forfeitures and conditions therein contained 
to be enforced, and for that pur^jose may institute pro- 
ceedings in the name of the C'onnnon wealth, and may 
take possession of any premises for breacli of condition 
of such lease, and after revesting the Commonwealth 
therewith may again lease the same. 

Section 5. This act shall take effect upon its passage. 

A^^proved April 8, 1902. 

An Act to incorporate the salem safe deposit and trust (JJfnj) ^84 

COMPANY. 

Be it enacted^ etc., as folloios : 

Section 1. Charles Sanders, George C. Vaughn, SaiemSafe 
Joseph N. Peterson, William H. Gove, Ira Vaughn, TrusTcom- 
King Upton, William S. Nichols, Francis Dane and E. S.'°'°'^''' 
Kendall Jenkins, their associates and successors, are 
hereby made a corporation by the name of Salem Safe 
Deposit and Trust Company, with a ca})ital 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 Salem ; Avith 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 April 9, 1902. 



Chap.285 



An Act to authorize the town of Sunderland to supply 

ITSELF and its INHABITANTS WITH WATER. 

Be it enacted, etc.^ as Jblloics : 

Section 1. The town of Sunderland, after the pur- Town9f8un- 
chase of the corporate property, rights and i)rivileges suppiTiS 
of the Sunderland Water Compan}^ as provided for in with water, etc. 
section eight of chapter one hundred and seven of the 
acts of the year eighteen hundred and eighty-four, may 
supply itself and its inhabitants with water for the extin- 
guishment of fires and for domestic and other purposes ; 
may establish fountains and hydrants and relocate or dis- 
continue the same ; and may regulate the use of such 
water and fix and collect rates to be paid therefor. 

Section 2. Said town, for the purposes aforesaid, may May take certain 
take by purchase or otherwise and hold the waters of ^10!^*^^' ^" ^' 
Sawmill brook in said town, and the waters which flow 



204 Acts, 1902. —CuAr. 285. 

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 said town, and for constructing and maintaining ponds ; 
tire/^if* ^nr ^^^^ ^^y ^^^^^ ^^ ^^e land thus taken, purchased or held, 
etc. ' ' proper dams, buildings, fixtures and other structures, and 

may make excavations, procure and operate machinery 
and provide such other means and appliances as may be 
necessary for the establishment and maintenance of com- 
plete and effective water works ; and may construct and 
lay conduits, pipes and other works, under or over any 
lands, water courses, raiboads or public or private ways, 
and along any such ways in such manner as not unneces- 
sarily to obstruct the same ; and for the purpose of con- 
structing, maintaining and repairing such conduits, pipes 
and other works, and for all purposes of this act, said 
town may dig up any such lands, and, under the direc- 
tion of the selectmen of the town in which any such ways 
are situated, may enter upon and dig up any such ways 
in such manner as to cause the least hindrance to public 
travel. 
DeBcription of SECTION 3. Said towu shall within sixty days after 

laudtj, etc.,to be ii-i f J J 

recorded. the taking of any lands, rights of way, water rights, 

water sources or easements as aforesaid, otherwise than 
by purchase, tile 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, signed by 
the water conunissioners hereinafter provided for, of the 
purposes for which the same w^erc taken, and of the dam- 
ages aAvarded to each person or corporation. 

namages. Section 4. Said town shall pay all damages to prop- 

erty sustained by any person or corporation by the 
taking of an}^ land, right of way, water, Avater source, 
water right or easement, or by any other thing done by 
said town under authority of this act. Any person or 
corporation sustaining damages as aforesaid, Avho fails to 
agree with the town as to the amount thereof, or who is 
aggrieved by the doings of the said conunissioners, may 
have the damages assessed and determined in the manner 
provided by law in the case of land taken for the laying 
out of highways, on ap})lication at an}^ time within three 
years after the taking of such land or other property or 



Acts, 1902. — Chap. 285. - 205 

the doing of other injury under authority of this act ; but 
no such application shall be made after the expiration of 
said tliree years. No application for assessment of dam- 
ages shall be made for the taking of any water, water 
rights, or for any injmy thereto, until the water is 
actually withdrawn or diverted by said town under au- 
thority of this act. 

Section 5. Said town may, for the purpose of pa}'- sunderiand 
ing the necessary expenses and liabilities incurred under ^"*"L°''°- 
the provisions of this act, issue from time to time bonds, 
notes or scrip, to an amount not exceeding in the aggre- 
gate twenty-five thousand dollars. Such bonds, notes or 
scrip shall bear on their face the words, Sunderland Water 
Loan, shall be payable at the expiration of periods not 
exceeding thirty years from the date of issue ; shall bear 
interest, payable semi-annually, at a rate not exceeding 
six per cent per annum, and shall be signed by the treas- 
urer and countersigned by the selectmen of the town. 
Said town may sell such securities at public or private 
sale, or pledge the same for money borrowed for the pur- 
poses of this act, upon such terms and conditions as it 
may deem proper. Said town shall pay the interest on sinking fund, 
said loan as 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 Avith the accumulations thereof to pay the prin- 
cipal of the loan at maturity. The sinking fund shall 
remain inviolate and pledged to the payment of the 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 time of authorizing said loan provide ments^nToau. 
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 fur- 
ther vote be assessed by the assessors of said town in 
each year thereafter, in the same manner as other taxes 
are assessed under the provisions of section thirty-seven 
of chapter twelve of the Revised Laws, until the debt in- 
curred by said town shall be extinguished. 

Section 7. Said town shall raise annually by taxation Town to raise a 
a sum which with the income derived from the water tfMtlCn a™ ^^ 
rates will be sufficient to pay the current annual expenses ^^^^^y- 
of operating its water works and the interest as it accrues 



206 



Acts, 1902. — Chap. 285. 



May purchase 
interest in cer- 
tain i)roperly, 
etc. 



Penalty for 
corruption of 
water, etc. 



Water commis- 
sionere, elec- 
tion, terms, etc. 



Vacancy. 



on the bonds, notes or scrip issuod as aforesaid by said 
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. 

Sectiox 8. Said town may contract with any person 
or corporation, and may purchase any interest in any 
property which may be deemed necessary to carrj^ out 
the purposes of this act, and may hold such interest and 
property. 

Section 9. Whoever wilfully or wantonly corrupts, 
l)ollutes or diverts any water taken or held under this 
act, or injures any structure, work or other property 
owned, held or used by said town under authority of 
this act, shall forfeit and pay to said town three times 
the amount of damages assessed therefor, to be recovered 
in an action of tort ; and 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 imprison- 
ment. 

Section 10. Said town, after its acceptance of this 
act, shall at any legal meeting called for the purpose 
elect by ballot three persons, legal voters of said 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 from the time 
of their election to the first day of said May ; and there- 
after the town shall annuall}'^ elect in the same manner 
one person to serve on said board for the term of three 
years from the first day of May. Before entering on 
their duties said commissioners shall be sworn to the 
faithful performance thereof. All of said commissioners 
shall serve until their successors are elected and qualified. 
All the authority granted to said town by this act and 
not otherwise especially provided for -shall be vested in 
said board of water commissioners, who shall be subject 
however to such instructions, rules and regulations as 
said town may from time to time impose by its vote, 
within the scope of its authority. Any vacancy occur- 
ring in said board from any cause may be filled tempo- 
rarily by a majority vote of the selectmen of the town. 
The person so selected shall hold the office until the town 
fills the vacancy by ballot in the usual manner, which it 
may do at any special or annual town meeting duly 



Acts, 1902.— Chap. 285. 207 

warned for the purpose. A majority of said commis- Quorum, 
sioners shall constitute a quorum for the transaction of 
any business. 

Section 11. Said commissioners shall have charge of Jf°sye[fi^of'^^ 
the system of water works in said town, as aforesaid, and waterworks, 
of all matters pertaining thereto ; but no contract shall 
be made by them which requires the payment of money 
not provided by the town, or otherwise, for the purpose 
before the making of such contract. The lawful con- 
tracts of the commissioners shall be the contracts of said 
town. 

Section 12. This act shall take eftect upon its ac- subject to a 
ceptance by a two thirds vote of the voters of said town t^" ti^i"-d« vote. 
present and voting thereon by ballot, as provided by law, 
at a legal town meeting called for the purpose within live 
years after its passage ; but the number of meetings so 
called in any one year shall not exceed three. The polls 
shall be kept open from twelve o'clock at noon until four 
o'clock in the afternoon. 

Section 13. The indebtedness incurred under this act indebtedness 
shall not be reckoned in determining the limit of in- reckoned in 
debtedness of the town under the provisions of section debTiTmTt?^ 
four of chapter twenty-seven of the Revised Laws. 

Section 14. In the event of the acceptance of this Town to pur- 
act as provided for in section twelve, said town shall as property, etc. 
a condition precedent to taking any other action under 
this act, purchase all the corporate property and all the 
rights and privileges of the Sunderland Water Company 
and of the Williams Water Company, corporations now 
furnishing water to the inhabitants of said town, at prices 
which may mutually be agreed upon between said cor- 
porations and the town. In case said corporations or 
either of them and said town are unable to agree, then 
the compensation to be paid shall be determined by three 
commissioners to be appointed by the supreme judicial 
court upon applicatioji of either party and notice to the 
other, whose award when accepted by said court shall be 
binding upon all parties. Approved April 11^ 1902. 



208 



Acts, 1902. — Chaps. 286, 287. 



Chcq^.^SG 



Cities may 
appropriate 
money for 
niemorinls of 
persoiiH who 
served in 
Spanish- 
American war. 



An Act to authokize cities to appropriate money kou me- 
morials OF PERSONS WHO SERVED IN THE SI'ANISH-AMERICAN 
WAR. 

Be it enacted, etc., as foUoivs : 

Section 1. Any city may by vote of its city council 
appropriate money for erecting headstones or other monu- 
ments at tlie graves of persons Avho served in the military 
or naval service of the United States in the Spanish- 
American war ; for erecting monuments in memory of 
soldiers or sailors Avho died in the service of the United 
States in that war, and for keeping in repair or decorat- 
ing the graves, monuments or other memorials of such 
soldiers or sailors. 

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

Approved April 11, 1902. 



ChaD.2iS7 ^^ ^^^ '^'^ authorize the town of GARDNER TO SUPPLY ITSELF 

AND ITS INHABITANTS WITH WATER. 



Town of 
Gardner may 
take certain 
waters, lands, 
etc. 



ProvlBO. 



Be it eyiacted, etc., as follows : 

Section 1. The town of Gardner, for the purpose of 
supplying itself and its inhabitants with water for the ex- 
tinguishment of fires and for domestic and other purposes, 
after the purchase of the property, rights and privileges 
of the Gardner Water Company, as provided for in sec- 
tion nine of chapter one hundred and forty-five of the 
acts of the year eighteen hundred and eighty-two, may 
hold and convey through said town the waters of (Jiystal 
lake in said town, by means of existing or other pipes or 
mains, and may also from time to time take, by purchase 
or otherwise, and hold in fee all lands, rights of way 
and easements necessary for holding, storing, purifjdng 
and preserving such water, for convejdng the same to any 
part of said town, and for extending the present system 
of water supply ; and may take, by purchase or other- 
wise, the waters of any pond, brook, spring, well or 
stream within the limits of said town, and all waters con- 
nected therewith, and may obtain water by means of 
bored, driven, artesian or other Avells on any land within 
the limits of said town : jirovided, that no source of water 
supply other than the waters of Crystal lake shall be taken 
under this act for domestic purposes without the advice 
and consent of the state board of health. The town may 



Acts, 1902. — Chap. 287. 209 

erect on any lands thus purchased, taken or held, proper May erect 

1 • 1 •! T r> J ii II structures, lay 

dams, reservoirs, buildings, nxtures or other structures, pipes, etc. 
may establish fountains and hydrants, and may make ex- 
cavations, procure and operate machinery, and provide 
such other means and appliances as may be necessary for 
the establishment and maintenance of complete and eflec- 
tive water works ; and for the purposes aforesaid may 
construct and lay conduits, pipes and other works, under, 
through or over any lands, water courses, railroads, street 
railways, and public or private ways, and along any such 
ways in such manner as not unnecessarily to obstruct the 
same ; and for the purpose of constructing, maintaining 
and repairing such conduits, pipes or other works, and for 
all other proper purposes of this act, said town may dig up 
any such lands, and dig under any such water courses, rail- 
roads or street railways, and may enter upon and dig up 
any such ways in such manner as to cause the least hin- 
drance to public travel ; but said town shall not enter upon, 
construct or lay any conduits, pipes or other works within 
the location of any railroad corporation, except at such 
time and in such manner as it may agree upon with such 
corporation, or, in case of failure so to agree, as may be • 
approved by the board of railroad commissioners. The Title to lands to 
title to all lands taken or purchased under the provisions 610^°*"^°' 
of this act shall vest in said town, and the land so taken 
may be managed, improved and controlled by the board 
of Avater commissioners hereinafter provided for, in such 
manner as it shall deem for the best interests of the town ; 
provided^ however, that any lands taken for the purpose Proviso. 
of preserving or protecting said waters, water rights, 
water sources or water supply, shall not be more than one 
thousand feet distant from the same. 

Section 2. Said town shall, within ninety daj's after Description of 

±.^ J. ^ • c ij •ij.i? J. J. lands, etc., to 

the taking ot any lands, rights ot way, water, water be recorded. 
sources, water rights or easements as aforesaid, otherwise 
than by purchase or agreement, file and cause to be re- 
corded in the registry of deeds for the Worcester district 
of the county of Worcester a description thereof suffi- 
ciently accurate for identification, with a statement, signed 
by the water commissioners hereinafter provided for, of 
the purpose for which the same were taken. 

Section 3. Said town shall pay all damages to prop- Damages. 
erty sustained by any person or corporation by the tak- 
ing of any lands, rights of way, water, water sources, 



210 



Acts, 1902. — Chap. 287. 



Town may 
tender any Bum 
for damages, 
etc. 



May incur in- 
debtedness, 
issue bonds, 
etc. 



Town of 
Gardner "Water 
Loan, 



water rights or easements, or by any other thing done 
by the toAvn under authority of this act. Any person or 
corporation sustaining damages as aforesaid, who fails to 
agree with said town as to the amount thereof, may have 
the same assessed and determined in the manner provided 
by law when land is taken for laying out highways, on mak- 
ing application at any time within the period of two years 
after the taking of such land or property or the doing of 
other injury under authority of this act ; but no such 
application shall be made after the expiration of the said 
two 3'cars. 

Section 4. In every case of a petition to the superior 
court for an assessment of damages the town may tender 
to the complainant or his attorney any sum, or may bring 
the same into court to be paid to the complainant, for the 
damages by him sustained or claimed in his petition, or 
may in writing offer to be defaulted and that damages 
may be awarded against it for the sum therein expressed ; 
and if the complainant does not accept such sum, with his 
costs up to that time, but proceeds in his suit and does not 
recover greater damages than were so offered or tendered, 
not including interest on the sum recovered in damages 
from the date of such offer or tender, the town shall have 
judgment for its costs after said date, for which execution 
shall issue ; and the complainant if he recovers damages 
shall be allowed his costs only to the date of such offer or 
tender. 

Section 5. Said town, for the purpose of paying the 
purchase price of the property, rights and privileges of 
said Gardner Water Company, together with all expenses 
incident to such purchase, may incur indebtedness outside 
of the debt limit fixed by law, and may issue therefor 
bonds, notes or scrip to an amount sufficient for such pur- 
poses ; and for any necessary expenditures in connection 
with the improvement, development and extension of the 
works of said company, for all damages and for necessary 
expenses and liabilities incurred under the provisions of 
this act, said town may issue bonds, notes or scrip to an 
amount not exceeding fifty thousand dollars beyond the 
amount to be i)aid to said company. Such bonds, notes 
or scrip shall bear on their face the words, Town of Gard- 
ner 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 



Acts, 1902. — Chap. 287. 211 

exceeding four per cent per annum, shall be payable as to 
both principal and interest in gold coin of the United 
States of the present standard of weight and fineness, and 
shall be signed by the treasurer and countersigned by a 
majority of the selectmen of the said town. Said town 
by its selectmen and treasurer may sell such securities for 
the purposes of this act, upon such terms and conditions 
as they shall deem proper : provided, that such securities Proviso. 
shall not be sold for less than the par value thereof. Said ^'^^^™^ fund. 
town shall provide at the time of contracting said loan 
for the establishment of a sinking fund, and shall aniui- 
ally provide for or contribute to such fund a sum suffi- 
cient with the accumulations thereof to pay the princii)al 
of said loan at maturity. The sinking fund shall remain 
inviolate and pledged to the payment of the loan and shall 
be used for no other purpose. 

Section 6. Whenever the town votes to issue bonds, Temporary 
notes or scrip in accordance with the provisions of this made™etc. ^ 
act the officers authorized to negotiate the same may in 
the name of the town make a temporary loan for a period 
of not more than one year, in anticipation of the money 
to be derived from the sale of such bonds, notes or scrip, 
but the time within which such securities shall become 
due shall not, by reason of such temporary loan, be ex- 
tended bevond the time fixed in the vote authorizins^ the 
issue of such bonds, notes or scrip. 

Section 7 . The occupant of any tenement shall be Liawiuy for 
liable for the payment of the rates for the use of water in rrte^foruLof 
such tenement, and the owner shall also be liable in case ^''*^''- 
of non-payment by the occupant for all sums due for the 
use of water under this act, to be collected in an action 
of contract in the name of the town of Gardner. 

Section 8. Said town shall after the passage of this water com- 
act and after the purchase of the property, rights and "ection^termB, 
privileges of the Gardner Water Company, at a legal ®*''- 
meeting called for the purpose elect by ballot three per- 
sons to hold office from the time of such election, one 
until the expiration of three years, one until the expi- 
ration of two years and one until the expiration of one 
year from the next succeeding annual town meeting, to 
constitute a board of Avater commissioners ; and at each 
annual 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 other- 



212 



Acts, 1902. — Chap. 287. 



To be truetees 
of sinking fund, 
etc. 



Certain provi- 
sions of law to 
apply. 



Board of sewer 
commissioners 
to constitute 
board of water 
commissioners 
if town 80 votes, 



Action may be 
revoked, etc. 



Payment of 
loan, etc. 



wise provided for shall be vested in said board of water 
commissioners. The said commissioners shall be trustees 
of the sinking fund herein provided for, and a majority 
of them shall constitute a quorum for the transaction of 
business relative both to the water system and the sink- 
ing fund. The provisions of sections fourteen, fifteen, 
sixteen and seventeen of chapter twenty-seven of the 
Revised Laws shall, so far as the same are not inconsist- 
ent with the provisions of this act, apply to the sinking 
fund and the trustees thereof. 

Section 9. Instead of electing water commissioners 
as provided for in the preceding section the town at the 
meeting called for the purpose of electing said commis- 
sioners, or at an annual meeting, or at a meeting held 
thirty days at least before an annual meeting, may by a 
majority vote of those present and voting constitute its 
board of seiver commissioners its board of water commis- 
sioners. The vote shall be by ballot in answer to the 
question, " Shall the board of sewer commissioners con- 
stitute the board of water commissioners?" If the said 
vote shall be taken at the special meeting called for the 
purpose of electing water commissioners, and be in the 
affirmative, no separate board of water commissioners 
shall be elected, and the board of sewer commissioners 
shall thereupon by said vote be constituted and be from 
that time the town's board of water commissioners, with 
all the rights and powers conferred by and subject to all 
the provisions contained in this act and relating to such 
board. If the said vote be taken at any subsequent meet- 
ing, as above provided, the said sewer commissioners 
shall become water commissioners, witli the rights and 
powers and subject to the provisions aforesaid, at the date 
of the annual meeting next succeeding. The town may 
at any annual meeting, or at a meeting held at least 
thirty days before the annual meeting at which such 
change is to become operative, revoke such vote and 
elect a board of water commissioners to hold office as 
provided for in this act, from the next succeeding annual 
town meeting. 

Section 10. Said commissioners shall fix such prices 
or rates for the use of water as shall produce annually 
an amount sufficient, as nearly as may be, to defray all 
operating expenses, interest charges and payments of 
principal as they accrue, upon any bonds, notes or scrip 



Acts, 1902. — Chap. 288. 213 

issued under the authority of this act, and such contribu- 
tions to the sinking fund as may be required liereunder. 
If however the amount thus produced sliall in any year 
be insufficient for said purposes the town shall raise by 
taxation a sum sufficient to make up the deficit. If there 
should be a net surplus remaining after providing as above 
for the aforesaid charges it shall be used for such new 
construction as the water commissioners may determine 
upon, or in case no such new construction should be de- 
termined upon by the water commissioners such net sur- 
plus shall be paid into the sinking fund. No money shall 
be expended in new construction by the water commis- 
sioners except from the net surplus aforesaid, unless the 
town appropriates and provides money therefor. Said j;o°™mier'au^'^ 
commissioners shall annually, and as often as the town account of their 

. . . doings in rela- 

mav require, render an account of their doings in rela- tion to the sink- 

ing fund etc 

tion to the sinking fund, and they shall be governed by 
the provisions of section fifteen of chapter twenty-seven 
of the Revised Laws, except as herein otherwise pro- 
vided. 

Section 11. If any person shall use any water taken penalty for cor- 
or obtained by the town under this act, without the con- wi^ter'.'etc. 
sent of the town, or shall wantonly or maliciously divert 
water so taken or obtained, or corrupt the same, or 
render it impure, or destroy or injure any dam, aque- 
duct, pipe, hydrant, machinery or other works or prop- 
erty held, owned or used by the town under the authority 
and for the purposes of this act, he shall forfeit and pay 
to the town three times the amount of damages assessed 
therefor, to be recovered in an action of tort ; and on 
conviction of any of the wanton or malicious acts 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 12. This act shall take effect upon its passage. 

A2)2yroved A2)ril 11, 1902. 

An Act relative to transportation op road-making material n'hr,^^ '^SS 

BY STREET RAILWAY COMPANIES. ^ 

Be it enacted, etc., as folloivs : 

Section 1. Section fifty-five of chapter one hundred R. l 112, §55, 
and twelve of the Revised Law\s is hereby amended by 
inserting after the word '' line ", in the seventh line, the 



214 



Acts, 1902. — Chap. 289. 



Street railway 
companies may 
convey over 
their tracks 
snow, gravel, 
etc., in certain 
cases. 



words : — or deliver to any connecting line of any other 
street railway company, — and by striking out the words 
" such street or Avay ", in the eighth line, and inserting 
in place thereof the words : — any street or Avay in any 
town or city, whether on the line of any street railway 
company or not, and may make contracts with cities or 
towns and with other street railway companies for the 
transportation of such material, — so as to read as fol- 
lows : — Section 55. A street railway company may, 
with the consent of the mayor and board of aldermen of 
a city or the selectmen of a town, convey, in cars oper- 
ated by electricity or horse power, over its tracks snow, 
ice, stones, gravel, dirt or street sweepings taken from 
any street or way over or tlirough which its tracks are 
located, for the purpose of improving said street or way, 
or may convey to any point on its line, or deliver to any 
connecting line of any other street railwa}^ company, 
necessary material for use in the construction, grading, 
repairing or improving of any street or way in any town 
or city, whether on the line of any street railway com- 
pany or not, and may make contracts with cities or towns 
and with other street railway companies for the trans- 
portation of such material. 

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

Approved April 11, 1902. 



ChCiP.^iSQ ^^ ^^"^ '^^ AUTHORIZE THE ACKNOWLEDGMENT OF DEEDS BEFORE 

SPECIAL COMMISSIONERS. 

Be it enacted, etc., as follows : 

Section 1. Section eight of chapter one hundred and 
twenty-seven of the Revised Laws is hereby amended by 
inserting after the word " peace", in the fourth line, the 
words: — special commissioner, — so as to read as fol- 
lows : — Section 8. The acknowledgment of a deed shall 
be by the grantors or one of them, or by the attorney 
who executes the deed, and, if made in this Common- 
wealth, shall be made before a justice of the peace, special 
commissioner or notar}'^ public ; if made elsewhere in the 
United States, before a justice of the peace, notary public, 
magistrate or commissioner appointed for the purpose by 
the governor of this Commonwealth ; and, if in a foreign 
country, before such a justice, notary, magistrate or com- 
missioner, or before an ambassador, minister or consul of 



R. L. 127, § 8, 
amended. 



Acknowledg- 
ment of deeds, 
how made. 



Acts, 1902. — Chaps. 290, 291. 215 

the United States or a consular officer of the United States 
accredited to such country. The officer before whom an 
acknowledgment is made shall indorse upon or annex to 
the deed a certificate of such acknowledgment. 

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

Approved April 11, 1902. 



An Act making appropriations for salaries and expenses in CfJjQqi '^90 

THE OFFICE OF THE COMMISSIONER OF STATE AID AND PENSIONS. 

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 salaries and 
expenses in the office of the commissioner of state aid 
and pensions, from the first day of July to the thirty-first 
day of December, nineteen hundred and two, to wit : — 

For the salary of the deputy commissioner of state aid mSi'^one^S' 
and pensions, the sum of one thousand dollars. state aid and 

1 . . 1 . T /. pensions. 

For clerical assistance, salaries and expenses of agents, clerical assist- 
and other expenses of the commissioner of state aid and etc.t'of'commis- 
pensions, a sum not exceeding twenty-five hundred dol- aid'a^ad°pen^*^ 
lars, said amount to be in addition to the ninety-thi'ee "ons. 
hundred dollars appropriated for clerical assistance, sal- 
aries and expenses .of agents and other expenses of the 
commissioner of state aid, as authorized by chapter forty- 
seven of the acts of the present year. 

The appropriation for the salary of the commissioner commissioner 
of state aid, as provided for by chapter forty-seven of the pensions, 
acts of the present year, is hereby made applicable to the ^*'*''y- 
payment of the salary of the commissioner of state aid 
and pensions. 

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

Approved April 11, 1902. 



Chap.291 



An Act in addition to the several acts making appropria- 
tions FOR deficiencies IN APPROPRIATIONS FOR CERTAIN EX- 
PENSES AUTHORIZED FOR THE YEAR NINETEEN HUNDRED AND 
ONE. 

Be it enacted, etc., as folloius : 

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



Militia trans 
portation. 



216 Acts, 1902. — Chap. 292. 

penses in excess of the appropriations therefor in the 
year nineteen hundred and one, to wit : — 
Reimbursement j^qj. reimbursenient of certain small toAvns for the sui)- 

or certain small ^ , _ , . -i 

towns. port of insane persons, as provided for by section eighty- 

one of chapter eighty-seven of the Revised Laws, fourteen 
hundred sixteen dollars and fifty-five cents. 

state board of j^qj. contino-cnt expenses of the state board of concilia- 

coiiciliation ami ^ o 1 

arbitration. tiou and arbitration, two hundred forty-three dollars and 

sixty-nine cents, 
^tioi'! """P^"' For the compensation of officers and men of the volun- 
teer militia, the sum of one hundred and forty-two dol- 
lars, to be paid from the appropriation of the present 
year. 

For the transportation of men of the volunteer militia 
when on military duty, fifty-one dollars and eighty-four 
cents, to be paid from the appropriation of the present 
year. 

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

Approved Ajjril 11, 1902. 

Gha7)J2Q2i -^^ ^^^ '^^ EXTEND TO VETERANS OF THE WAR WITH SPAIN CER- 
TAIN PROVISIONS OF LAW RELATIVE TO THE BURIAL OF INDIGENT 
SOLDIERS, SAILORS AND MARINES. 

Be it enacted, etc., as folloivs : 
R. L.79,§2o, Section 1. Section twenty of chapter seventy-nine 

of the Revised Laws is hereby amended by adding after 
the word " rebellion ", in the eighth line, the words : — 
or during the war between the United States and Spain 
after the fourteenth day of February and prior to the 
twelfth day of August in the year eighteen hundred and 
ninety-eight, — by striking out the word "or", at the 
end of the tenth line ; by adding after the word " sailor ", 
in the eleventh line, the words : — or marine of the civil 
war, — and by adding after the word ' ' seventy ", in the 
twelfth line, the words : — and no wife or widow of any 
soldier, sailor or marine of the Spanish war unless she 
was married to him prior to the first day of January in 
the year nineteen hundred and one, — so as to read as 
kidi'ra'tLi follows : — /Section 20. The mayor of each city and the 
diers, sailors sclcctmen of cach towu or, in Boston, the soldiers' relief 
etc. ' commissioner shall designate a burial agent, who shall 

serve without compensation, shall not be one of the over- 
seers of the poor or be employed by them, and who shall, 



marines, etc. 



Acts, 1902. — Chap. 293. 217 

under reo-ulations established by the commissioners of Bumi of indi- 

. ~ '^ gent soldiers, 

state aid, cause to be pro])crly interred the body of any sailors and 

1 111"! iii»» • marines e^tc 

honorably discharged soldier, sailor or marine who served 
in the army or navy of the United States during the war 
of the rebellion, or during the war between the United 
States and Spain after the fourteenth day of February 
and prior to the twelfth day of August in the year eight- 
een hundred and ninety-eight, and his wife, widow or 
dependent mother, if they die without sufficient means 
to defray funeral expenses ; but no wife or widow of any 
soldier, sailor or marine of the civil war shall be entitled 
to the benefits of this section unless she was married 
to him prior to the year eighteen hundred and seventy, 
and no wife or widow of any soldier, sailor or marine 
of the Spanish war unless she was married to him i)rior 
to the first day of January in the year nineteen hundred 
and one. If an interment has taken place without the 
knowledge of the burial agent, application may be made 
to him within thirty days after the date of the death, and 
if upon investigation he shall find that the deceased was 
within the provisions of this section and the rules of the 
commissioners of state aid, he may certify the same as 
provided in the following section. 

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

Approved April 11, 1902. 



Chap.293 



An Act relative to the east boston dry dock company. 

Be it enacted, etc., as follows : 

Section 1. The East Boston Dry Dock Company Maybuiidand 
may build and maintain dry docks, marine railways and do^cksfe'tc'!'^^ 
all other facilities for repairing vessels, and may engage 
in the business of building or repairing vessels in that 
part of Boston called East Boston, subject to the pro- 
visions of chapter ninety-six of the Revised Laws. 

Section 2. Said corporation may increase its capital May increase 

,. , '■ . *'- . '•. capital stock. 

stock in sucii amounts as it may from time to time 
determine : provided, that the whole amount of its cap- proviso, 
ital stock shall not exceed one million dollars. It may 
purchase and hold such real and personal estate as may 
be necessary and convenient for all purposes within its 
corporate powers. 

Section 3. Said corporation shall be subject to the subject to cer. 
provisions of chapter one hundred and ten of the Revised o*naw7^c!°''^ 



218 



Acts, 1902. — Chaps. 294, 295. 



Laws, and of all other acts relative to corporations organ- 
ized for mechanical or manufacturing purposes, and may 
exercise the powers and shall be governed by the pro- 
visions and be subject to the liabilities set forth in said 
chapter and in said acts. 
Repeal. Section 4. ScctloH two of tlic act of incorporation, 

being chapter one hundred and sixteen of the acts of the 
year eighteen hundred and forty-seven, and all other parts 
of said act which are inconsistent with the provisions of 
this act are hereby repealed. 

Section 5. This act shall take effect upon its passage. 

Aiiproved April 11, 1902. 



Chcip.^Q^: An Act to authokize the city of boston to pay a certain 

SUM OF MONEY TO HONORA LEARY. 



City of Boston 
may pay a cer- 
tain Bum of 
money to 
mother of 
Michael J. 
Leary. 
Proviso. 



Be it enacted, etc., as folloivs : 

Section 1. The city of Boston is hereby authorized 
to pay to Honora Leary, the mother of Michael J. Leary 
who died in the service of that city, a sum of money not 
exceeding one half of the annual salary of said Michael 
J. Leary : provided, that the sum hereby authorized to 
be paid shall not exceed the amount to which the said 
Michael J. Leary would have been entitled if he had lived 
and continued to serve the cit}^ until the first day of 
February next succeeding the date of his death. 

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

Approved April 11, 1902. 



Ch(ip.^Q5 An Act to incorporate the danvers and Georgetown street 

RAILAVAY COMPANY. 



Danvers and 
Georgetown 
Street Railway 
Company in- 
corporated. 



May construct, 
etc., its railway 
In certain 
towns. 



Be it enacted, etc., as folhnvs : 

Section 1. William A. Butler, Ealph D. Hood, Essex 
S. Abbott, Charles H. Tuttle and John Cashman, their 
associates and successors, are hereby made a corporation 
under the name of the Danvers and Georgetown 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, 
maintain and operate its railway, with a single or double 
track, in such manner as may be convenient, in part upon 



Acts, 1902. — Chap. 295. 219 

private land acquired by purchase or otherwise, and upon 
streets, highways or state roads in tlie towns of Dan- 
vers, Topsfield, Boxford and Georgetown, subject to the 
a})proval and control of the selectmen of said towns, as 
provided by general law, and subject also to the approval 
of tlie Massachusetts highway commission as to any part of 
said railway located upon a state highway. The location Location. 
of said railway outside the public streets and highwaj's 
shall not exceed fifty feet in Avidth, with convenient turn- 
outs and switches. 

Section 3. Said company may maintain and operate Motive power, 
its railway b}^ any motive power other than steam, may, ^^' 
for all purposes necessary or incident to the construction , 
maintenance and operation of an electric street I'ailwa}', 
generate, manufacture, 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 maintain poles, trolle}^ feed and stay wires 
and other devices for conducting electricity in, over and 
under any streets, highways, bridges and public ways in 
any city or town wherein it has been or may be author- 
ized by the board of aldermen or by the 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 
electricit}^ for the purposes aforesaid. 

Section 4. The capital stock of the company shall capuai stock. 
not exceed one hundred thousand dollars, but the com- 
pany may increase its capital stock in accordance with 
the general laws. 

Section 5 . Said company in order to meet expenses May issue 
incurred under this act may issue bonds payable within b'ondffetc. 
periods not exceeding twenty years from the dates thereof, 
secured by mortgage of its franchise and property, in 
such amount as the board of railroad commissioners may 
approve, and subject to the general laws relative thereto ; 
and in such mortgage may reserve to its directors the 
right to sell or otherwise in due course of business to 
dispose of property included therein which may become 
unsuitable for use, provided an equivalent in value is 
substituted therefor. 

Section 6. Said company is hereby authorized to Maybeacom- 
use its tracks for the transportation of passengers and merchanduef 
their baggage, to be a/ common carrier of baggage and *'<=• 



220 



Acts, 1902. — Chap. 296. 



Provieos. 



Authority to 
cease unless 
certain condi- 
tions are com- 
plied with. 



small parcels of 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 in 
any city or town until authorized so to do by the alder- 
men or selectmen thereof; and provided, further, that 
said company shall in carrying baggage and small })arcels 
of merchandise 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 all laws 
relating to common carriers. 

Section 7. The authority hereby granted shall cease 
if two miles of the proposed railway are not constructed 
and i)ut in operation prior to the first day of December 
in the year nineteen hundred and three and if said rail- 
way is not constructed and in operation within four years 
after the granting of locations by the proper authorities. 

Section 8. This act shall take effect upon its passage. 

Apiwoved Ajjril 11, 1902. 



May act as a 
common carrier 
of merchandise, 
etc. 



Provisos. 



Chap.2iQG An Act to authorize the Hampshire street railway com- 
pany TO CARRY FUEL AND SUPPLIES FOR ITS OWN USE AND TO 
act as a common CARRIER OF BAGGAGE, FREIGHT AND SMALL 
PARCELS OF MERCHANDISE. 

Be it enacted, etc., as foUoivs : 

Section 1. The Hampshire Street Railway Company 
may, in the towns of Granby and South Hadley, act as a 
common carrier of baggage, freight and small parcels of 
merchandise, and carry fuel and supplies for its own use : 
provided, however, that said company shall not so act in 
any town until authorized so to do by the selectmen of 
the town ; and j^rovided, further, that said company shall 
in carrying baggage, freight and small parcels of mer- 
chandise, and fuel and supplies for its own use, be sub- 
ject in each town to such by-laws as may from time to 
time be made by that town, and shall also be subject to 
the })rovisi()ns of chapter seventy of the Revised Laws 
and of all other laws now or hereafter in force relating to 
common carriers. 

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

Approved April 11, 1902. 



Acts, 1902. — Chaps. 297, 298. 221 



An Act to provide fou the instructiok of the adult blind (^Jini^ '^QT 

AT THEIR HOMES BY THE PERKINS INSTITUTION AND MASSACHU- ^ 

SETTS SCHOOL FOR THE BLIND. 

Be it enacted, etc., as folloivs : 

There shall annually be allowed and paid out of the instruction of 

J. jy j.\ f A lii i. ^' n adult blind at 

treasury oi the Commonwealth a sum not exceeding nve their homes. 
thousand dollars, to be expended by the Perkins Institu- 
tion and Massachusetts School for the Blind for the in- 
struction of the adult blind at their homes. It shall be 
the duty of said institution to make a detailed report each 
year to the state ))oard of education of the expenditures 
under this act. Approved April 11, 1902. 



Chap.298 



An Act relative to certain costs and expenses in proceed- 
ings INCIDENT TO THE ABOLITION OF GRADE CROSSINGS. 

Be it enacted, etc., as follows: 

Section 1. Parties may be reimbursed for the cost Parties may be 
of service and publication of any petition brought for the costs, etc., in 



abolition of a grade crossing under chapter one hundred ddd^t^o* 
and eleven of the Revised Laws, and for the cost of entry grade'crossiugs. 
of the same in the superior court, together with all costs 
of hearing before the superior or supreme judicial court, 
or before any auditor or master appointed by said courts ; 
the said costs to be taxed as in other civil cases and ap- 
portioned as are other expenses provided for by section 
one hundred and fifty-one of said chapter. 

Section 2, Parties incurring the expense of making Payment of 
plans by order of the commission appointed under section fn|p°an8° ™* ' 
one hundred and forty-nine of chapter one hundred and 
eleven, or for use in the superior or supreme judicial 
court concerning any grade crossing, the abolition of 
which is petitioned for, may in the discretion of the 
court have the cost of such plans alloAved and appor- 
tioned in the same manner as are other expenses pro- 
vided for by section one hundred and fifty-one of said 
chapter. 

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

Approved April 11, 1902. 



222 Acts, 1902. — Chaps. 299, 300, 301. 



Chap.299 An Act to establish the salary of the clerk of the mu- 
nicipal COURT OF BROOKLINE. 

Be it enacted, etc., asfolloivs: 

ofmunkipiT^ Section 1. The salary of the clerk of the municipal 
court of Brook- court of Brooklinc shall be .seven hundred and fifty dol- 

line establiBhed. ./ 

lars a year, to be so allowed from the first day of ,Tanuary 
in the year nineteen hundred and two. 

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

Approved Ajyril 11, 1902. 

Ch(ip.30i) An Act to authorize the city of boston to pay a certain 

SUM OF MONEY TO LOUISE H. DREW. 

Be it enacted, etc., as foUoivs : 

S°wa'cer" SECTION 1. The city of Boston is hereby authorized 

monevto widow ^^ P^J ^^ Louise H. Drcw, widow of Frank A. Drew late 

of Frank A. an asscssor of said city, a sum of money not exceeding 

one half of the annual salary of said Frank A. Drew : 

Proviso. provided, that the sum hereby authorized to be paid shall 

not exceed the amount to which the said Frank A. Drew 

would have been entitled if he had lived and continued 

to serve as such assessor until the first day of February 

next succeeding the date of his death. 

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

Approved April 11, 1902. 

Chctn.301 ■^'^ ■^^'^ "^^ AUTHORIZE THE CITY OF BOSTON TO PAY A CERTAIN 

SUM OF MONEY TO KATE A. BELFORD. 

Be it enacted, etc., as follows : 

may ply ate?- Section 1. The clty of Boston is hereby authorized 
tain sum of ^q pay to Katc A. Bclford, widow of Charles A. Belford 

money to i i ciii/. 

widow of late an emijlovee of the clerk of committees department, 

Charles A i J ^ i ' 

Belford. ' a suui of iiioney not exceeding one half of the annual 
Proviso. salary of the said Charles A. Belford : provided, that the 

sum hereby authorized to be paid shall not exceed the 
amount to which the said Charles A. Belford would have 
been entitled if he had lived and continued to serve as 
such employee until the first day of February next suc- 
ceeding the date of his death. 

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

Approved April 11, 1902. 



Acts, 1902. — CiiArs. 302, 303, 304. 223 

An Act to extend the corporate powers of the conway (JfiQr) 3Q2 

ELECTRIC STREET RAILWAY COMPANY. 

Be it enacted^ etc., as follows : 

Section 1. The Conway Electric Street Railway TheConway 
Company is hereby authorized to construct, maintain and Riliway com' 
operate its railway in the towns of Deerfield and Green- gtract^ete.^'it's 
field, upon such locations as may hereafter be granted to talnlowna.*^^*^" 
said company by the selectmen of said towns, respec- 
tively ; with all the powers and privileges and subject to 
all the duties, liabilities and restrictions set forth in the 
laws now or hereafter in force relating to street railways. 

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

Approved April 11, 1902. 



Chap,S03 



An Act making an appropriation for exterminating con- 
tagious DISEASES among HORSES, CATTLE AND OTHER ANIMALS. 

Be it enacted, etc., as follows : 

Section 1 . The sum of fifty thousand dollars is hereby Extermination 

~' — '"gious 

1 among 



appropriated, to be paid out of the treasury of the Com- diseasls^""* 
monwealth from the ordinary revenue, for the extermina- '^°™»i*- 
tion of contagious diseases among horses, cattle and other 
animals, during the year ending on the thirty-first day 
of December, nineteen hundred and two. 

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

Approved April 11, 1902. 



Chap.304 



An Act to authorize the lowell, acton and maynard street 

RAILWAY company TO OPERATE ITS RAILWAY IN THE TOWNS OF 
SUDBURY AND FRAMINGHAM. 

Be it enacted, etc., as follows : 

Section 1. The Lowell, Acton and Maynard Street TheLoweii, 

T-, •! ^, • 1 1 1 • 1 Acton and May- 

Kaiiway Lompan}^ is hereby authorized to construct, nard street 
maintain and operate its railway in the towns of Sudbur}" pan/mayc^. 
and Framingham, upon such locations as may be granted «*™^,*' «'*'=•• '** 



by the selectmen of said towns, respectively, and subject 
to such limitations and conditions as may be imposed by 
said selectmen. 

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

Approved April 17, 1902. 



ay in cer- 
tain towns. 



224 Acts, 1902. — Chaps. 305, 306, 307. 



Chcip,S05 An ^^'^ MAKING AN ArPUOPRIATION FOK OPERATING THE STEAMER 
LEXINGTON IN THE ENF0KCP:MENT OF THE LAWS RELATIVE TO 
FISHERIES. 

Be it enacted, etc., as follows : 

^tearaer^Lex- Section 1. The suHi of fivG thousand dollars is hereby 

ington. appropriated, to ])e paid out of the treasury of the Coin- 

inonwealth from tlie ordinary revenue, to meet tlie ex- 
pense of operating the steamer Lexington, whicli is in 
charge of the cliief of the district police and is used for 
the enforcement of tlie fisli laws of the Commonwealth. 
Section 2. This act shall take effect upon its passage. 

Ajjproved April 17, 1902. 

Chan.SOG ^^ ^^T to authorize the city of boston TO PLACE ANDREW 
C. SCOTT UPON THE PENSION ROLL OF ITS FIRE DEPARTMENT. 

Be it enacted, etc., as follows : 
Saypiacr*"" Section 1. The city of Boston, by its city council, 
Scott Mo^' ^^ hereby authorized to place Andrew C. Scott upon the 
pension roll of yoension roU of the fire department of said city to receive 

fire department. ^ , '^ ^ t,- mi 

a pension at the rate and under the conditions prescribed 
by law and by the rules and regulations of the fire de- 
partment ; and further to be paid by the city an amount 
at the same rate from the seventh day of June in the year 
eighteen hundred and ninety-five to the date at which 
the pension aforesaid shall begin. 
Sect"*°^^^^ Section 2. This act shall take effect upon its accept- 
ance by the city council of the city of Boston, 

Approved April 17, 1902. 



Ghap.307 



An Act to supply the town of milton with water. 
Be it enacted, etc., as folloios : 
Town of Milton -Section 1 . The towu of Miltou may supply itself and 

may supply . . . /. i . * . , • /> • 

itself with its inhabitants with water for the extinguishment of fires 
and for domestic, manufacturing and other purposes ; and 
may establish fountains and hydrants and relocate or dis- 
continue the same, and may regulate the use of such water 
and fix and collect rates to be paid for the use of the same. 

tlilfian^Vltc. Section 2. Said town, for the purposes aforesaid, 
may take, by purchase or otherwise, all lands, rights of 
way and easements necessary for holding, storing, puri- 
fjdng and preserving the water used by the town under 



Acts, 1902. — Chap. 307. 225 

the provisions of this act, and for conveying the same to 
any part of said toAvn ; may erect on the lands thus taken May erect 
or held, proper dams, reservoirs, buildings, fixtures and pipTs^uf.' ^^ 
other structures, and may make excavations, procure 
and operate machinery, and provide such other means 
and appliances as may be necessary for the establish- 
ment and maintenance of complete and effective water 
works ; may construct and lay conduits, pipes and other 
works, under or over any lands, water courses, railroads, 
railways, and public or private ways, and along any such 
way 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 other purposes of this act, said town may dig up 
any such lands, and, under the direction of the selectmen 
of the town in which said ways are situated, may enter 
upon and dig up such ways in such manner as to cause 
the least hindrance to public travel. The title to all land Title to land to 

1111 • • c 1 • 1 11 ■^cst ID town, 

taken or purchased under the provisions of this act shall etc 
vest in said town, and the land so taken may be managed, 
improved and controlled by the board of water commis- 
sioners hereinafter provided for, in such manner as they 
shall deem for the best interests of said town. 

Section 3. Said town shall, within ninety days after Description of 
the taking of any lands, rights of way, easements or other be°reco*rded.° 
property as aforesaid, otherwise than b}^ purchase, file 
and cause to be recorded in the registry of deeds for the 
county of Norfolk a description thereof sufficiently accu- 
rate for identification, with a statement, signed by the 
board of water commissioners hereinafter provided for, 
of the purpose for which the same were taken. 

Section 4. Said town shall pay all damages to prop- DamageB. 
erty sustained by any person or corporation by the taking 
of any lands, right of way or easements, or by any other 
thing done by said town under authority of this act. 
Any person or corporation sustaining damages as afore- 
said, who fails to agree with said town as to the amount 
of damages sustained, may have the same assessed and 
determined in the manner provided by law when land is 
taken for the laying out of highways, on making applica- 
tion at any time within two years after the taking of such 
land or other property or the doing of other injury under 
authority of this act ; but no such application shall be 
made after the expiration of said two years. 



226 



Acts, 1902. — Chap. 307. 



Town may 
tender any sum 
as damages, 
etc. 



Town of Milton 
Water Loan. 



Proviso. 



Sinking fund. 



May provide 
for annual pay- 
ments on loan. 



Section 5. In every case of a petition to the superior 
court for an as.se.s.smeiit of damages the town may tender 
to the complainant or his attorney any sum, or ma}^ bring 
the same into court to be paid to the complainant for 
the damages by him sustained or claimed in his petition, 
or may in Avriting offer to be defaulted and that damages 
may be awarded against it for the sum therein expressed, 
and if the complainant does not accept such sum, with 
his costs up to that time, but proceeds in his suit, and 
does not recover greater damages than were so offered or 
tendered, not including interest on the sum recovered as 
damages from the date of such offer or tender, the town 
shall have judgment for its costs after said date, for 
which execution shall issue ; and the complainant, if he 
recovers damages, shall be allowed his costs only to the 
date of such offer or tender. 

Section G. Said town, in addition to the bonds and 
notes which it is hereinafter authorized to issue to enable 
it to pay for the property of the Milton Water Company 
may, for the purpose of paying the other necessary ex- 
penses and liabilities incurred under the provisions of 
this act, issue from time to time bonds, notes or scrip to 
an amount sufficient for such purpose, to be determined 
by the board of water commissioners hereinafter provided 
for. Such bonds, notes or scrip shall bear on their face 
the words, Town of Milton Water Loan, shall be payable 
at the expiration of periods not exceeding thirty years 
from the date of issue, shall bear interest, paj^'able semi- 
annually, at a rate not exceeding four per cent per annum, 
and shall be signed by the treasurer of the town and 
countersigned by the water commissioners hereinafter 
provided for. Said town may sell such securities at 
public or private sale, or pledge the same for money bor- 
rowed for the purpose of this act, and upon such terms 
and conditions as it may deem proper : provided, that 
such securities shall not be sold for less than the par value 
thereof. Said toMu shall provide at the time of contract- 
ing said loan for the establishment of a sinking fund and 
shall annually contribute to such fund a sum sufficient 
with the accumulations thereof to pay the principal of 
the loan at maturity. 

Section 7. Said town instead of establishing a sink- 
ing fund may at the time of authorizing said loan provide 
for the payment thereof in such annual proportionate pay-- 



Acts, 1902. — Chap. 307, 227 

ments as will extinguish the same at maturity, and when 
such vote has been passed the amount required thereby 
shall without further vote be assessed by the assessors of 
said toAvn in each year thereafter until the debt incurred 
by said loan shall be extinguished, in the same manner 
as other taxes are assessed under the provisions of section 
thirty-seven of chapter twelve of the Revised Laws. 

Section 8. Said town shall raise annually by taxa- Town to raise 
tion a sum which with the income derived from water by tal^Jtion" 
rates will be sufficient to pay the current annual expenses '*°°^"'^iy- 
of operating- its Avater works and the interest as it accrues 
on the notes, bonds or scrip issued as aforesaid by said 
town, and such contributions to the sinlving fund and 
payments on the principal as may be required under the 
provisions of this act. 

Section 9. Whoever uses any water taken under this Penalty for 
act, without the consent of said town, or wilfully or wan- wato-^eTc"! *** 
tonly corrupts, pollutes or diverts any of the waters taken 
or held by said town pursuant to the provisions of this 
act, or destroys or injures any structure, work or other 
property owned, held or used by said town under the 
authority and for the purposes of this act, shall forfeit 
and pay to said town three times the amount of damages 
assessed therefor, to be recovered in an action of tort ; 
and upon conviction of any of the above wilful or wanton 
acts shall also l)e punished by a fine not exceeding three 
hundred dollars or by imprisonment for a term not ex- 
ceeding one year. 

Section 10. The occupant of any tenement shall be Liability for 
liable for the payment of the rate for the use of water in ^"f^^eof"^ '^*^ 
such tenement, and the owner shall also be liable, in case ^**^'- 
of non-paj'inent by the occupant, for all sums due for the 
use of water under this act, to be collected in an action 
of contract in the name of the town of Milton. 

Section 11. The powers and duties conferred and water ccmmis- 
imposcd upon the town of Milton by this act, including tion, terms, etc. 
the purchase or taking of any lands or other property or 
rights, shall be exercised by a board of water commis- 
sioners, consisting of three residents of the town. The 
town, after its acceptance of this act at a legal meeting 
called for the purpose, shall elect by ballot three persons 
to constitute said board of water commissioners. They 
shall hold office one until the expiration of three years, 
one until the expiration of two vears and one until the 



228 Acts, 1902. — Chap. 307. 

expiration of one year from the next succeeding annual 
town meeting, and at each annual town meeting thereafter 
one such commissioner shall be elected by ballot for a 
term of three years. All such commissioners, except in 
case of removal, shall hold office until their successors 
are elected, and vacancies occurring during the term may 
be filled for the remainder of the term by vote of the 
town at a meeting duly called for that purpose. No per- 
son shall be elected commissioner Avho holds at the time 
any elective town office. Any connnissioner, after due 
notice and hearing, may be removed at any time by a 
majority vote of the town for any cause which shall be 
deemed sufficient and which shall be expressed in the vote 

Compensation, of rcuioval. The commissioncrs shall receive such com- 
pensation for their services as the town shall determine. 

crnistructiorf"'^ SECTION 12. Said commissiouers shall Superintend and 

make contracts, clircct the coustructiou, cxecution and performance of all 
the works, matters and things mentioned in the preceding 
sections. They shall be subject to such ordinances, rules 
and regulations in the execution of their duties as the 
town may from time to time ordain and establish, not 
inconsistent with the provisions of this act and the laws 
of this Commonwealth. Said water commissioners shall 
make all contracts for the above purposes in the name and 
behalf of the town, but no contracts shall be made by 
them which involve the expenditure of money not already 

Quorum. ap]:)ropriated for the purpose by the town of Milton. A 

majority of said commissioners shall be a quorum for the 
exercise of the powers and the performance of the duties 
of the commission. 

i^an"ct°*°* Section 13. Said commissioners shall fix such prices 

or rates for the use of the Avater as shall i)roduce annually, 
as near as may be, a net surplus over operating expenses 
and interest charges etjual to two 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 after paying interest upon loans, and after 
paying all expense for new construction, not exceeding 
ten thousand dollars in any one year after the original 
construction. The commissioners of sinking funds of the 
town of Milton shall be trustees of the sinking fund Avhich 
shall be set apart for the payment and redemption of said 
water loan, and which shall remain inviolate and pledged 
to the payment of said loan and shall be used for no other 



Acts, 1902. — Chap. 307. 229 

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 or scrip issued under this act, the 
toAvn shall raise by general taxation a sum which with the 
surplus will equal said two per cent, and shall contribute 
said sum to the sinking fund. Said commissioners shall commiBsioners 

& to reDder an 

annually, and as often as the town may require, render account of their 
an account of all their doings in relation to the sinking uou to the sink- 
fund, and shall be governed by the provisions of section "^ "" ' ^^'^' 
fifteen of chapter twenty-seven of the Revised Laws, 
except as herein otherwise provided. 

Section 14. The metropolitan water and sewerage Town may be 
board shall on application admit the town of Milton into thrmetro'poii- 
the metropolitan water district, and shall furnish water trict'T'**^"*'*' 
to the town on the terms prescribed by chapter four hun- 
dred and eighty-eight of tlie acts of the year eighteen 
hundred and ninety-five and of acts in amendment thereof 
and in addition thereto, for the cities and towns included 
in the metropolitan water district, and on pa3mient of 
such sum of money as said board may determine to be 
just. 

Section 15. If within thirty days after this act has Town may pur. 
been accepted by the town of Milton, as hereinafter of miuo'u water 
provided, the Milton Water Company shall notify the ^'°"'P'^"5''^*'- 
selectmen of the town of Milton in writing that it desires 
to sell to said to^vn all its right, interest and easements 
in real estate, pipes, mains, hydrants, tools, equipments, 
supplies and all appliances owned by said company, and 
situated in the town of JNIilton, and used in supplying 
said town and the inhabitants thereof with water, and 
also any right of said company to use the water from the 
metropolitan water district, and shall file with the town 
clerk of said town a specification and description thereof, 
section fourteen of this act shall not take eft'ect nor shall 
said town proceed to supply water to itself or its inhabi- 
tants under authority of this act, unless it shall have 
first purchased of said company the property aforesaid ; 
and said company is authorized to make sale of said 
property to said town, and said town is authorized to 
purchase the same, and to manage and use the property 
thus conveyed for the purposes and under the provisions 
of this act. If within six months after the passage of this 
act said town shall by a majority vote of the legal voters 



230 Acts, 1902. — Chap. 307. 

Town may pur- of Said town present and votinof thereon at a leo^al meet- 
chase property . iiir-jii , i, 

of Milton Water mg callca lor that purpose, or at any annual town 
t onipany, etc. jj^^^yt^ji^g^ yQ^g to purchase Said property, and to issue 
l)onds or notes for the purpose of paying therefor in 
wliole or in part, notice of the desire of said company to 
sell the same having been given as hereinbefore provided, 
such bonds or notes may thereupon be issued by the 
treasurer of the town, and said property shall upon pay- 
ment therefor become the property of the town, and it 
shall pay said company therefor as hereinafter provided, 
within two months after such vote to piuvhase. The 
provisions of section six respecting the bonds, notes or 
scrip which ma}^ be issued under authority thereof shall, 
as to designation, times of payment, rate of interest and 
the sale or pledge thereof, apply to the bonds or notes 
Avdiich may be issued under the authority of this section. 
The town in payment therefor shall assume the liability 
and obligation of said company upon the outstanding 
bonds heretofore issued by it, including interest, and 
shall indemnify and save harmless said company from all 
loss, cost and expense by reason thereof, and shall pay 
to said company the sum of one hundred and eighty- 
nine thousand dollars, with such additions or deductions 
as shall l)e determined upon the following plan and 
accounting, and with interest at the rate of five per cent 
per annum upon the sum thus found due from the lirst 
day of April in the current year to the da}^ of payment 
by the town, namel}^ : — Upon whatsoever day the town 
shall make payment for said property it shall take the 
same as of said first day of April. If between said first 
day of April and the day of payment by the town the 
expenses of said company, including interest on said 
bonds hereafter paid by it, if any, shall exceed its receipts 
for water rates due and pa^^able on or after said first da}" 
of April, the difference shall be added to, and if such 
receipts are greater than its expenses, including interest 
on said bonds hereafter paid by it, if any, the excess shall 
be deducted from, said sum. Upon i)ayment by the 
town to said company as above provided said company 
shall assign to the town upon request of its selectmen all 
sums due it for un})aid Avater rates which ma}^ have 
accrued on or after said first day of April. If the town 
and said company shall be unable to agree upon the 
sum to be paid to said company by the town under the 



Acts, 1902. — Chap. 308. 231 

provisions of this act the same shall be determined by an 
assessor to ])e appointed by the superior court upon 
petition of either party, and the determination of such 
assessor in writing when approved by the court shall be 
final and binding on both parties. 

Section 16. This act shall be submitted to the quali- '^"^^"o""'^. , 

1 acceptance to be 

fied voters of the town of Milton for their acceptance and submitted to 
shall be void unless such voters, voting at a legal meet- 
ing called for that purpose in the same manner in which 
meetings for town elections are called, or at any annual 
town meeting, shall, within six months after the passage 
of this act, determine by ballot by a majority vote of 
those present and voting thereon to accept the same. 
The warrant for notifying such meeting, if called spe- 
cially as aforesaid, shall specify when the polls shall be 
opened for the purpose of voting and when they shall be 
closed. 

Section 17. So much of this act as authorizes the when to take 
submission of the question of its acceptance to the quali- ^^^''^' 
fied voters of said town shall take effect upon its passage, 
but it shall not take further eff'ect until accepted as here- 
inbefore provided hy the qualified voters of said town ; 
and the number of meetings called for the purpose of 
voting upon the question of its acceptance shall not 
exceed three. Approved April 17, 1902. 



An Act relative to the preservation of records by the 

CIVIL SERVICE commissioners. 



Chcqj.mS 

Be it enacted, etc., as folloios : 

Section 1. Section five of chapter nineteen of the r.l. 19, §5, 
Revised Laws is hereby amended by inserting after the '""*""^*''^- 
word " rules", in the fifth line, the words : — and the ex- 
amination papers of such applicants, — and after the 
word " preserved '', in said line, the words : — for at least 
six years, after which time any or all application and 
examination papers of applicants, with accompanying- 
recommendations, may, at the discretion of said com- 
missioners, be destroyed, — so as to read as follows: — 
Section 5. They shall keep records of their proceedings civii service 
and of examinations made by them or under their authoi- to pr^erve"^'^* 
ity. Recommendations of applicants received by them '■^cordB, etc 
or by any ofiicer authorized to make appointments or to 
employ laborers or others, within the scope of such rules, 



232 Acts, 1902. — Chaps. ^09, 310. 

and the examination papers of such applicants, shall be 
preserved for at least six years, after which time any or 
all a})i)lication and examination papers of applicants, with 
accompanying recommendations, may, at the discretion 
of said commissioners, be destroyed. Such records and 
recommendations shall, under regulations approved by 
the governor and council, be open to public inspection. 
Annual report, 'j'j^g couimissioncrs sliall froui time to time suggest to the 
general court appropriate legislation for the administra- 
tion and improvement of the civil service and sliall annu- 
ally before tlie tenth day of January make a report which 
shall contain any rules adopted under the provisions of 
this cliapter. 

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

Appo'oved April 17, 1902. 

Ohap.^0^ An Act to establish the compensation of the special jus- 
tices OF THE DISTRICT COURT FOR THE COUNTY OF DUKES 
COUNTY. 

Be it enacted, etc., as follotvs : 
ofTpecLTjlTs" Section 1. The special justices of the district court 
court°forcounty ^^^' ^^^^ county of Dukcs Couuty shall receive five dol- 
of Dukes lars for each day's service, except that if their days of 

County estab- . . -^ ' ^ -^ 

liehed. scrvicc lu any one year taken together amount to more 

than thirty days, not counting those days on which more 
than one session of the court is held at the same time, in 
accordance with law, their compensation for all days of 
service in excess of the said thirty days shall be at the 
rate per day of the salary of the justice of said court. 
Their compensation shall be paid by said county, but the 
compensation paid for any excess over thirty days' ser- 
vice, as aforesaid, in any one year, except for service in 
hokling two or more sessions at the same time, according 
to kiw, shall be deducted by the county treasurer of the 
county from the salary of the justice of said court. 

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

Approved April 17, 1902. 

Chcip.SliO -^^ ■^^'^ RELATIVE TO THE ISSUE OF VOID MARRIAGES. 

Be it enacted, etc., as follotvs : 
Issue of void Section 1 . If a marriag-e is declared void by reason 

marriages legiti- „. , ,., i, . ■, 

mate in certain of a prior mamagc ot citlicr party and the court finds 
that the second marriaoe was contracted with the full 



Acts, 1902. — Chap. 311. 233 

belief of the party who Avas capable of contracting the 
second marriage that the former husband or wife was 
dead, or that the former marriage was void, or that a 
divorce had been decreed which left the party to the 
former marriage free to marry again, such finding shall 
be stated in the decree, and the issue of the second mar- 
riage, if born or begotten before the second marriage was 
declared void, shall be the legitimate issue of the parent 
capable of contracting the marriage. 

Section 2. Section fourteen of chapter one hundred ^^p^^i- 
and iifty-one of the Revised Laws is hereby repealed. 

Section 3. This act shall take effect upon its passage, ^^^j"*°**''® 
and it shall apply to proceedings pending upon or in- 
stituted after its passage, although such second marriage 
may have been contracted before its passage. 

Approved April 17, 1902. 



Chap.dll 



An Act relative to the custody of certain public records. 
Be it enacted, etc., cis foUotvs : 

Section 1 . All public records of the county of Nor- custody of cer. 
folk prior to the year sixteen hundred and eighty-one records of Nor- 
which shall be found within the Commonwealth, except ° county. 
those now in the registry of deeds for the southern district 
of Essex county, shall be de})osited in the office of the 
clerk of the courts in Essex county. 

Section 2. Any public records, except those men- custody of cer- 
tioned in the foregoing section, deposited elsewhere than records. 
in the office in the county, city or town to which they 
respectively originally belonged, shall be kept in the cus- 
tody of the person having the custody of similar records 
in such original county, city or town. But this section 
shall not apply to the records of the town of Adams 
deposited hi North Adams, under the provisions of 
chapter one hundred and forty-three of the acts of the 
year eighteen hundred and seventy-eight. 

Section 3. Whoever under the provisions of this act ^cfde^il^P.''"''"* 
is to become the custodian of any of the records mentioned records upou 

-^ . demand. 

in this act shall demand the same from an}^ person in 
whose possession they may be, and such person shall 
forthwith deliver the same to him. 

Section 4. Whoever refuses or neglects to perform Penalty. 
any duty re([uired of him by this act shall be punished 
by a line of not more than twenty dollars. 

Approved April 17, 1902. 



234 Acts, 1902. — Chaps. 312, 313. 



C/i«7?.312 -^N -^CT RELATIVE TO THE INSPECTION OF CERTAIN DOMESTIC ANI- 
MALS AND OF CERTAIN CARCASSES. 



Be it enacted^ etc., as follows. 

Section 1. Sections o 
hundred and four of chap 
Laws are hereby repealed. 



R. L. 75. §§ 103, Section 1. Sections one hundred and three and one 
hundred and four of chapter seventy-live of the Revised 



l^n^ud^ ^ ^°^' Section 2. Section one hundred and five of chapter 
seventy-five of the Revised Laws is hereby amended 
by striking out the word "six", in tlie first line, and 
inserting in place thereof the word : — four, — so as to 

Not to apply to read as follows: — /Section 105. The provisions of the 

certain persons. . ,. . i n j. i j. . 

tour preceding sections shall not apply to a person not 
engaged in such business, who, upon his own premises 
and not in a slaughter house, slaughters his own neat 
cattle, sheep or swine, but the carcass of an}^ such 
animals shall be inspected by an inspector at the time of 
slaughter, unless said animal is less than six months old 
or has been duly inspected under the provisions of chapter 
ninety, within six months prior to such slaughter and a 
certificate of health has been delivered to the owner or 
.person in charge thereof. 

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

Approved April 17^ 1902. 

(7AaX>.313 "^^ '^^^ ^^ CHANGE A PART OF THE HARBOR LINE ON THE MERRI- 
MAC RIVER ALONG THE WATER FRONT OF THE CITY OF HAVER- 
HILL. 

Be it enacted, etc., as folloivs : 

une^"/t'if/^"''^ Section 1, The harbor line established by chapter 
Merrimac river ^j^g huudrcd aud four of thc acts of the year eioht- 

changed, etc. ./ o 

een hundred and eighty-three, along a part of the water 
front of the city of Haverhill on the Merrimac river, is 
hereby changed and established as follows : — Beginning 
at a point in the line described in said chai)ter as "the 
southeasterly corner of tlie wharf kno^vn as Sargent and 
Holden's wharf, said corner being about one hundred and 
ninety-two feet distant southerly from the southerly side 
of Merrimac street " ; thence running easterly about two 
hundred and seventy-two feet to a point in the westerly 
line of city landing number twelve, one hundred and 
ninety-one feet southerly from the southerly side of 
Merrimac street ; thence easterly about five hundred and 



Acts, 1902. — Chaps. 314, 315. 235 



thirteen feet to a point in the easterly line of Haverhill Part of harbor 

1 • 1 • 1' I- lie 1 • n line on the Mer- 

bridge, sixty-tive leet southerly irom an angle in the rimacrjver 
easterly line of Bridge street, said angle being one hun- '^ ^"^^ '^'^' 
dred twenty-one and seven tenths feet southerly from a 
stone post in the line between Bridge street and city 
landing number eleven at the intersection of Bridge 
street with Merrimac and Water streets ; thence easterly 
about three hundred and fourteen feet to a point in the 
easterly line of city landing number ten, one hundred 
eighty-two and five tenths feet southwesterly from a 
stone bound at the intersection of said easterly line with 
the southerly line of Water street ; thence easterly about 
two hundred and seventy-nine feet to a point in the 
easterly line of city landing number nine, one hundred 
and tifty-seven feet southwesterly from a stone bound at 
the intersection of said easterly line with the southerly 
line of Water street. 

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

Approved April 17, 1902. 

An Act relative to the commitment of young children. (Jhan 31 4 
Be it enacted, etc., as folloivs : 

Section 1. Section tAventy of chapter eighty -six of f^endeci.^^"' 
the Revised Laws is hereby amended by inserting after 
the word " committed ", in the second line, the words : — 
to a police station, — and by inserting after the word 
"Boston", in the third line, the Avords : — pending an 
examination, — so as to read as follows: — Section 20. of'^oun"cwf- 
A child under twelve years of age shall not be committed dren limited. 
to a police station, to a jail or house of correction, to the 
state farm, or to the house of correction at Deer Island 
in the city of Boston, pending an examination, in default 
of bail, or for the non-payment of a fine or upon convic- 
tion of any offence not })unisliable by death or imprison- 
ment for life. 

Section 2. This act shall take eft'ect upon its passage. 

Approved April 17, 1902. 

An Act to regulate the speed and operation op automo- (JJiaj) 315 
biles and motor vehicles on highways. 

Be it enacted, etc., as foUoivs : 

Section 1. No automobile or other motor vehicle speed of motor 
shall be run on any public highway outside the limits of L^ted.'^* '^^^" 



236 Acts, 1902. — Chap. 315. 

a city, fire district or thickly settled or business part of a 

town at a speed exceeding fifteen miles an hour, and no 

such vehicle shall be run on any public way within the 

limits of a city, fire district, or of any thickly settled or 

business part of a town at a speed exceeding ten miles an 

hour. 

tions^to br*'"'*' Section 2. Every person having control or charge 

perlons hiding ^^ ^ uiotor vchiclc or automobllc shall, whenever upon 

controi^of motor any public strcet or way and approaching any vehicle 

drawn by a horse or horses, or any horse upon which 

any person is riding, operate, manage and control such 

motor vehicle or automobile in such manner as to exercise 

every reasonable precaution to prevent the frightening 

of any such horse or horses, and to insure the safety and 

protection of any person riding or driving the same. 

And if such horse or horses appear frightened, the person 

in control of such motor vehicle shall reduce its speed, 

and if requested by signal or otherwise by the driver of 

such horse or horses, shall not proceed farther towards 

such animal unless such movement be necessary to avoid 

accident or injury, or until such animal appears to be 

under the control of its rider or driver. 

ta^ken upou ° ^ Section 3. Upou approacliiug a cTossiug of intcrscct- 

cro/sh'ig^of ^ " i"o ways, and also in traversing the crossing or intersec- 

wl%'"*etc°^ tion, the person in control of a motor vehicle shall run 

it at a rate of speed less than that above specified, and 

not greater than is reasonable and proper, having regard 

to the traffic and the use of the intersecting ways. 

Sie'-^"*"' Section 4. The term "motor vehicle " in this act 

defined. shall iucludc all vehicles propelled by any power other 

than muscular power, excepting railroad and railway cars 

and motor vehicles running only upon rails or tracks. 

^' Section 5. Any person violating any jirovision of 

this act shall be punished for each offence b}^ a fine not 

exceeding two hundred dollars, or by imprisonment for 

a term not exceeding ten days, or by both such fine and 

imprisonment. 

Section 6. This act shall take eft'ect upon its passage. 

Approved April 17^ 1902. 



Acts, 1902. — Chaps. 316, 317. 237 



An Act to confer upon the pittsfield electric street rail- (JJinij 31(5 

WAY COMPANY CERTAIN POWERS AS A COMMON CARRIER. 

Be it enacted^ etc., as folloivs : 

Section 1. The Pittsfield Electric Street Eailway May act as a 

^v -11 i 1 • 1 J J • common carrier 

Company is hereby authorized to act as a common carrier of merchandise, 
of baggage and small parcels of merchandise, and fuel ^*''' 
and supplies for its own use in any city or town in which 
it is authorized to operate its railway : provided, that Pfo^i^os. 
said company shall not so act in any city or town until 
authorized so to do by the board of aldermen or the 
selectmen thereof; and provided, further, that said com- 
pany shall be subject to such ordinances or by-laws as 
may from time to time be made by any such city or 
town, and shall also be subject to the provisions of chap- 
ter seventy of the Revised Laws and of all other laws 
now or hereafter in force relating to common carriers. 

Section 2. The Pittsfield Electric Street Raihvav May act as a 

/- , • 1 1 ii • 1 i i ' common carrier 

Company is hereby authorized to act as a common car- of baggage, etc., 
rier of freight, merchandise, baggage and farm produce, points!" ^^^^^^'^ 
between the tracks of the Boston and Albany railroad in 
the city of Pittsfield and the north line of the town of 
Lanesborough, subject to all the provisions contained in 
section one of this act. 

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

Approved April 17, 1902. 



An Act to extend the time for filing petitions for the (Jhnr) 317 

ASSESSMENT OP DAMAGES ARISING FROM THE ALTERATION OF THE 
GRADE CROSSING OF AUSTIN STREET IN THE CHARLESTOWN DIS- 
TRICT OF THE CITl^ OF BOSTON. 

Be it enacted, etc., as folloivs : 

Section 1. The time within which any person may Time for filing 
file his petition in the superior court for damages arising assessment of''^ 
from any taking of land or any change of grade of streets glfended''™^^^^ 
in connection with the abolition of the grade crossing of 
Austin street in the Charlcstown district of the city of 
Boston in accordance Avith the provisions of chapter four 
hundred and twenty-one of the acts of the year eighteen 
hundred and ninety-nine and of chapters one hundred and 
ninety-three and four hundred and seventy-one of the 



238 



Acts, 1902. — Chap. 318. 



acts of the year nineteen hundred, is hereb}^ extended to 
the first day of July in the year nineteen hundred and 
two. But interest shall not be reckoned upon damages 
before the petition is filed. 

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

Approved April 17 ^ 1902. 



Fire district in 
town of Uolrain 
established. 



(7A«7>.318 ^^ ^^'^ '^O ESTABLISH A FIRE DISTRICT IN THE TOWN OF COLKAIN. 

Be it enacted., etc., as follows : 

Section 1. A fire district is hereby established in the 
town of Colrain, bounded as follows: — Beginning at 
bound number twenty of the county higliAvay, location 
of eighteen hundred and ninety-six, said bound standing 
on the south bank of North river, so-called, w^esterly 
from the village of Colrain, and running thence south 
fifty-eight degrees thirty minutes east, twenty-seven hun- 
dred and eighty-five feet to a small bridge over Mountain 
brook southerly from said village on the Greenfield road, 
thence north thirteen degrees forty-five minutes cast, 
twenty-one hundred and seventy-three feet to the south- 
east corner of the wooden highw^ay bridge over said North 
river, lying northeasterly from said Colrain village, thence 
westerly along the southerly bank of said river to the 
place of beginning. Said fire district is hereby made a 
corporation under the name of The Colrain Fire District 
Number One. 

Section 2. The legal voters of the said fire district 
shall within one year after the acceptance of this act, at 
a meeting called for the purpose choose by ballot a board 
of tlu'ee commissioners, who shall be a board of commis- 
sioners of hydrants, water tanks for fire purposes and 
street lamps. All of the commissioners shall be legal 
inhabitants of and voters in said district. Said commis- 
sioners shall serve until the next annual meeting of said 
fire district and until their successors are chosen and 
qualified, and said district shall thereafter at its regular 
annual meeting choose by ballot three commissioners, 
who shall serve during the ensuing j^ear and until their 
successors are chosen and qualified. Said district shall 
have authority to fill any vacancy in said board at any 
district meeting regularly called for that purpose. The 
commissioners shall be sworn and shall receive no com- 



CominissionerB 
of hydrants, 
etc., election, 
term, etc. 



Vacancy, etc. 



pensation. 



Acts, 1902. — Chap. 318. 239 

Section 3. Said district may at a meetino; called for Appropriations 

,1 , . , • j_ _L-i • • f and expendi- 

tnat purpose raise money to carry out the provisions ol tnres. 
this act, and said board shall expend the same for the 
purposes prescribed by vote of the district. Every 
member of said board shall be accountable to said district 
for any money received by him, and said district may 
maintain a suit therefor in the name of the inhabitants of 
said district. Said board shall not expend any money 
which has not duly been appropriated by the district, and 
shall have no authority to bind the district to the pay- 
ment of money in excess of its appropriation, or for any 
purpose not specified by the vote of the district appro- 
priating the same. 

Section 4. The clerk of the district shall on or cierk of district 
before the first day of May of each year certify to the asJifJsoi^ o°f 
assessors of the town of Colrain all sums voted under the railed^etc.*"^^ 
provisions of this act to be raised by the district during 
the 3^ear last preceding, which sums shall be assessed and 
collected in the same manner as town taxes are assessed 
and collected, and shall be paid over to the treasurer of 
said district, who shall hold the same subject to the order 
of said board. The clerk of said district shall act as clerk 
of said board and shall enter all its proceedings in the 
records of the district. 

Section 5. It shall be the duty of said board, under Commissioners 
the supervision and direction of said district, to construct, of nfa^indrlins, 
reconstruct, erect, repair, maintain and have charge of all hydrant"etc. 
main drains constructed hy it, and of all public lamp 
posts, street lamps and street hydrants in said fire district, 
as may be ordered by said district, and to keep maps and 
plans of all such main drains. 

Section (3. Said fire district may for the purposes May take cer- 
aforesaid take by purchase or otherwise and hold the lands^etc.*' 
waters of Mountain brook, so-called, in the town of 
Colrain, and the waters flowing into and from the same, 
as the said fire district may determine, together with any 
and all water rights connected therewith, and also all 
lands, rights of way and easements necessary for holding 
and preserving such water and for conveying the same to 
any part of said fire district, and may erect on the land ^^^^tj^res lay 
thus taken or held proper dams, buildings, fixtures and pipes, etc' 
other structures, and may make excavations, procure 
and operate machinery and provide such other means 
and appliances as may be necessary for the establish- 



240 



Acts, 1002. — Chap. 318. 



Proviso, etc. 



Description of 
land, etc., to be 
recorded. 



Damagee. 



Colrain Fire 
District No. 1, 
Water Loan. 



ment and maintenance of complete and effective water 
works, and may construct and lay conduits, pipes and 
other works, under or over any lands, water courses, 
railroads, railways or public or private Avays, and along 
such ways, in such manner as not unnecessarily to obstruct 
the same : jjrovided, that no source of water supply shall 
be taken for domestic purposes under this act without 
the advice and approval of the state board of health. For 
the purpose of constructing, maintaining and repairing 
such conduits, pipes and other works and for all proper 
purposes of this act, said fire district may dig up any 
lands in which such Avays are situated, and may enter 
upon and dig up said ways in such manner, under the 
direction of the selectmen of the town , as to cause the 
least hindrance to public travel. 

Section 7. Said fire district shall within sixty days 
after taking any land, rights of way, Avater rights, Avater 
source or easements as aforesaid, other Avise than by pur- 
chase, file and cause to be recorded in the registry of 
deeds for the district in Avhich the same are situated, a 
description thereof sufficiently accurate for identification, 
with a statement, signed by the water commissioners 
hereinafter provided for, of the purpose for which the 
same Avere taken. 

Section 8. Said fire district shall pay all damages to 
pro})erty sustained by any person or corporation b}^ the 
taking of any lands, Avater or Avater rights, or by lajdng 
or maintaining any aqueducts or other Avorks for the pur- 
pose aforesaid, or by the doing of any other act under 
authority hereof. Any person or corporation sustaining 
damages as aforesaid, and unable to agree Avith the said 
district upon the amount thereof, may have them ass'essed 
in the manner provided by law Avith respect to land taken 
for laying out higliAvays. Any person or corporation 
whose water rights are thus taken or aft'ected may apply 
as aforesaid Avithin three years after the time Avhen the 
Avater is actually Avithdrawn or diverted, and not there- 
after. 

Section 9. The said fire district may, for the pur- 
pose of paying the necessary expenses and liabilities in- 
curred under the provisions of this act, issue from time to 
time bonds, notes or scrip to an amount not exceeding 
ten thousand dollars. Such bonds, notes or scrip shall 
bear on their face the Avords, Colrain Fire District No. 1, 



Acts, 1902. — Chap. 318. 241 

Water Loan, shall be payable at the expiration of periods 
not exceeding thirty years from the date of issue, shall 
bear interest, payable annually, at a rate not exceeding- 
four per cent per annum, and shall be signed by the treas- 
urer of the lire district and countersigned by the chairman 
of the water commissioners hereinafter provided for. The 
said fire district may sell such securities at public or pri- 
vate sale at not less than par, or pledge the same for 
money borrowed for the purpose of this act, upon such 
terms and conditions as it may deem proper. 

Section 10. The said fire district shall establish a Payment of 
sinking fund and shall annuall}', beginning at the expira- i°'*°>®*''- 
tion of five j^ears from the acceptance of this act by said 
fire district, contribute to such fund a sum sufiicient with 
the accumulations to pay the principal of said loan at 
maturity. Said sinking fund shall remain inviolate and 
pledged to the payment of said loan and shall be used 
for no other purpose ; but the said fire district may in- 
stead of establishing such sinking fund pay the principal 
of said loan by annual instalments not exceeding two 
hundred dollars in any one year. The said fire district 
shall assess upon the estates, real and personal, in said 
fire district, and collect, a sum which with the income 
derived from the water rates will be sufficient to pay the 
current annual expenses of operating its water works, 
and to pay the interest as it accrues on the bonds, notes 
or scrip issued as aforesaid by said fire district, and to 
make such contributions to the sinking fund or payments 
on the principal as may be required under this act. 

Section 1 1 . The town of Colrain may by a two thirds Town may 
v^te of the legal voters present and voting thereon at a mTnTofTond^i 
legal meeting called for the purpose, guarantee the pay- ®**'' 
ment of said bonds, notes or scrip, provided such meeting 
is held within one year after the acceptance of this act by 
said fire district. 

Section 12. Whoever wilfully or wantonly corrupts, penalty for 
pollutes or diverts any water taken under this act, or waterfeTc" **' 
destroys or injiu-es any dam, conduit, hydrant, machinery 
or other works or property held, owned or used by said 
district under authority of and for the purposes of this 
act, shall forfeit and pay to the said district three times 
the amount of damages assessed therefor, to be recovered 
in an action of tort, and on conviction of any of the acts 
aforesaid may be punished by a fine of not less than 



242 



Acts, 1902. — Chap. 319. 



Water commis- 
BionerB, elec- 
tion, terms, 
etc. 



Quorum. 



Vacancy. 



When to take 
effect, etc. 



twenty nor more than three hundred dollars or by im- 
prisonment in jail for a term not exceeding one year, or 
by both such fine and imprisonment. 

Section 13. At the meeting of said fire district called 
for the acceptance of this act, or at any legal meeting 
called for the purpose, three persons shall be elected by 
ballot, to be a board of water commissioners. One of 
said connnissioners shall be elected for the term of three 
years from the next succeeding annual meeting of said 
fire district, one for a term of two years and one for a 
term of one year, and thereafter one member of said board, 
as the term of each incumbent expires, shall be elected 
at the annual district meeting to serve for the term of 
three years. Said board of commissioners shall be trus- 
tees of the sinking fund herein provided for and shall have 
charge of the water works and may fix the price for the 
use of water, and may exercise all the rights, powers and 
authority granted to said district by this act, subject how- 
ever to such instructions, rules and regulations as said 
district may impose by its vote. A majority of said 
board of connnissioners shall constitute a quorum for the 
transaction of business relative both to the water works 
and to the sinking fund. Any vacancy occurring in the 
board of commissioners from any cause may be filled for 
the unexpired term by said district at any legal district 
meeting. 

Section 14. This act shall take effect upon its pas- 
sage, but no expenditure shall be made or liability in- 
curred hereunder except for preliminary surveys and 
estimates, until after the acceptance of this act b}'^ a 
vote of two thirds of the legal voters of said fire district 
present and voting thereon at a meeting called for that 
purpose within three years after the passage of this act ; 
and the number of meetings called for that purpose in 
any one year shall not exceed two. 

Approved April 18, 1902. 



(7AaT>.319 ^^ ^^^ ^^ AUTHOUIZE THE DARTMOUTU ANU WESTPORT STREET 
RAILWAY COMPANY TO CARRY BAGGAGE AND SMALL PARCELS OF 
MERCMANUISE, AND TO CONTRACT FOR THE USE OF THE TRACKS 
OF CERTAIN OTHER COMPANIES. 

Be it enacted, etc. , as folloivs : 

^mmon"c.i"rrier Section 1. Tlic Dartiiiouth and Wcstport Strcct Rall- 
of^raerchandise, ^yj^y Coiiipany may act as a common carrier of baggage 



Acts, 1902. — Chap. 320. 243 

and small parcels of merchandise in the towns and cities 
in which it has the right to operate : provided, that said ^"""^i^^^- 
company shall not so act in any town or city until au- 
thorized so to do by the selectmen or board of aldermen 
thereof; and jirovided, also, that said company shall be 
subject to the provisions of chapter seventy of the Re- 
vised Laws and of all other laws now or hereafter in force 
relating to common carriers, and shall also be subject to 
any by-laws, ordinances and regulations made by any 
city or town in which it operates, j^roivVZerZ, that the 
same are not inconsistent with said chapter and laws. 

Section 2. Said company may enter upon, use and SlTandopeFat"' 
operate over, such parts of the railways of the Union certa[n'iom^* "^ 
Street Railway Company in the city of New Bedford, paniee. 
and of the Old Colony Street Railway Company in the 
city of Fall River, and under such terms as to conditions 
of operation and compensation to be paid therefor as said 
companies may from time to time respectively agree 
u})on : 2)rovided, however, that no such entry upon, use Proviso. 
of or operation over the tracks of said Union Street Rail- 
way Company and Old Colony Street Railway Company 
shall take place until authorized by the board of public 
works of the city of New" Bedford, and by the board of 
aldermen of the city of Fall River, respectively, and 
until also authorized by the board of railroad commis- 
sioners. 

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

Approved April 18, 1902. 



ChapMO 



An Act to establish the salary of the justice of the first 
district court of barnstable. 

Be it enacted, etc., as foUoius : 

Section 1. The salary of the justice of the first dis- salary of justice 
trict court of Barnstable shall be twehe hundred and court of Barn. 
fifty dollars a year, to be so allowed from the first day Hb^hed.*'^'^''" 
of January in the year nineteen hundred and two. 

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

Approved April 18, 1902. 



244 



Acts, 1902. 



Chaps. 321, 322. 



R.L. 76, §17, 
amended. 



CArW.321 -^^ ^^'^ "^"^ AUTHORIZE THE BOARD OP REGISTRATION IN PHARMACY 
TO RECONSIDER ITS ACTION IN CASES WHERE IT MAY HAVE SUS- 
PENDED OR REVOKED THE LICENSE OR CERTIFICATE OF REGIS- 
TRATION, 

Be it enacted, etc., as folloivs : 

Section 1 . Section seventeen of chapter seventy-six 
of the Revised Laws is hereby amended by inserting after 
the word "suspended", in the fifth line, the Avords : — 
or revoked, — and by adding at the end thereof the 
words : — The board may at any time in its discretion 
reconsider its action in cases where it has suspended or 
revoked the license or certificate of registration of a 
pharmacist, and may change its determination as justice 
shall require, — so as to read as follows : — Section 17. 
If the full board sitting at such hearing finds the person 
guilty, the board may suspend the effect of the certificate 
of his registration as a pharmacist for such term as the 
board fixes, but the license or certificate of registration 
of a registered pharmacist shall not be suspended or re- 
voked for a cause punishable by law until after his con- 
viction by a court of competent jurisdiction. The board 
may at any time in its discretion reconsider its action in 
cases where it has suspended or revoked the license or 
certificate of registration of a pharmacist, and may change 
its determination as justice shall require. 

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

Approved April 18, 1902. 



Board of regis- 
tration in phar- 
macy may sus- 
pend certificates 
of registration, 
etc. 



Chap.322 



Manufacturing 
establisliments 
to provide em- 
ployees with 
pure drinking 
water. 

Penalty. 



An Act to require manufacturing establishments to supply 

THEIR employees WITH PURE DRINKING WATER DURING WORK- 
ING hours. 

Be it enacted, etc., as folloivs : 

Section 1. All manufacturing establishments in this 
Commonwealth shall provide fresh and pure drinking 
water, to which their employees shall have access dur- 



ing working hours. 



Section 2. Any corporation, association, firm or per- 
son owning, in Avhole or in part, managing, controlling or 
superintending any manufacturing establishment in which 
the provision of this act is violated shall, upon comi)laint 



Acts, 1902. — Chaps. 323, 324. 245 

of the board of health of the city or town, or of the select- 
men of the town in which the establishment is located, be 
liable to a fine of one hundred dollars for each ofience. 

Approved April 18, 1902. 



ChcqjM^ 



An Act to extend the time within which the western 
hampshire street railway company may construct and 
operate its railway. 

Be it enacted, etc., as follows : 

Section 1. The authority granted by chapter three Time extended. 
hundred and twenty-eight of the acts of the year eighteen 
hundred and ninety-five to the Western Hampshire Street 
Kail way Company, which was to cease as to the locations 
granted by said act in the towns named therein in case no 
part of the proposed road was built and put in operation 
at the end of five years from the passage of the said act, 
is hereby granted ancAV to the said company, with the 
same force and effect and upon the same terms provided 
for and imposed by said chapter ; but this authority shall 
cease in case no part of the proposed railway has been 
built and put in operation at the end of Uvo years from 
the passage of this act. 

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

Approved Ap>ril 18, 1902. 

An Act relative to the writ op habeas corpus. CllCtT) 324 

Be it enacted, etc., as foUoios : 

Section 1. Any court which has jurisdiction of libels wru of habeas 
for divorce or for nullity of marriage, of petitions for iSTL'^ertain 
separate support or maintenance, or of any other pro- wh'ercustody, 
ceeding in which the care and custody of any child or fg^j,; question^ 
children is drawn in question, may issue a writ of habeas 
corpus when necessary in order to bring before it such 
child or children. The writ may be made returnable 
forthwith before the court by which it is issued, and, 
upon its return, said court may make any appropriate 
order or decree relative to the child or children who 
may thus be brought before it. 

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

Approved April 18, 1902. 



246 



Acts, 1902. — Chaps. 325, 326. 



ChaV'^^^ ^^ ^^^ KKLATIVE TO THE PAYMENT OF CERTAIN ASSESSMENTS HT 
TIIK CITIES AND TOWNS IN THE METROPOLITAN PARKS DISTRICT. 



Metropolitan 
Park AsseHB- 



Certain provi- 
Bious of law to 
apply. 



Be it enacted, etc., as foUotvs : 

Section 1. In order to relieve cities and towns of the 
metropolitan parks district in providing for the several 
assessments required, or which may be required of them, 
for the years nineteen hundred and nineteen hundred and 
one, as estimated by the treasurer of the Commonwealth, 
in accordance with the provisions of chapter four hundred 
and nineteen of the acts of the year eighteen hundred and 
ninety-nine to meet the interest and sinking fund require- 
ments of the appropriations and loans authorized by the 
several acts relative to the metropolitan park commission, 
any such city by its city council, and any such town, by 
vote thereof at any regular or special town meeting, is 
hereby authorized to issue from time to time, beyond 
the limit of indebtedness fixed by law for such city or 
town, notes, scrip or bonds, to be denominated on the 
face thereof, Metropolitan Park Assessment Loan, to the 
amount estimated by said treasurer for said two years, or 
for any part of said amount, bearing interest not exceed- 
ing four per cent per annum, payable semi-annually ; the 
principal to be payable at periods of not more than thirty 
years from the issuing of such notes, scrip or bonds, re- 
spectively. The proceeds of such notes, scrip or bonds 
shall be used for the payment of the said assessments. 

Section 2. The provisions of sections thirteen, four- 
teen and fifteen of chapter twenty-seven of the Revised 
Laws shall, so far as they may be applicable, apply to 
the loans aforesaid. 

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

Approved Ajyril 18, 1902. 



QJia'P.S^G ^^ ^'^'^ '^'^^ AUTHORIZE THE CITY OF FALL RIVER TO DISCONTINUE 
THE USE FOR CEMETERY PURPOSES OF A PART OF OAK GROVE 
CEMETERY. 

Be it enacted, etc.^ as follows : 

Section 1. The city of Fall River is hereby author- 
ized to lay out and construct the Avay known as Oak 
Grove avenue in and through the burial ground known 
as Oak Grove Cemetery, and to discontinue the use for 
cemetery purposes of that part of said burial ground over 



Part of Oak 
Grove Cemetery 
In Fall River 
may be discon- 
tinued for ceme- 
tery purpoeeB, 

etc. 



Acts, 1902. — Chap. 327. 247 

-which said way passes, and also of that part of said 
cemetery which lies easterly of said way. That part of 
said burial ground the use of which for cemetery pur- 
poses is hereby authorized to be discontinued shall be 
enjoyed and possessed by the city of Fall River to the 
same extent as if it had not been declared to be held for 
or dedicated as a cemetery. 

Section 2. This act shall take efl'ect upon its passage. 

Approved April 18, 1902. 



Chap.S27 



An Act relative to conducting the business of a deceased 
phakmacist by his widow, executor or administrator. 

Be it enacted, etc., as follows : 

Section 1 . Section twenty-three of chapter seventy- r. l. tc, § 23, 
six of the Revised Laws is hereby amended by adding at ^™**"'^*''^- 
the end thereof the words : — who may also be considered 
qualitied to receive a sixth class license to be exercised 
upon said premises of said deceased or incapacitated phar- 
macist under the registered licensee's personal supervision. 
The provisions of section twenty -two of chapter one hun- 
dred, so far as they may be inconsistent herewith, shall 
not apply to licenses issued hereunder, — so as to read 
as follows: — Section 23. The provisions of sections Not to apply to 
twenty-one to twenty-nine, inclusive, of chapter one puttiDg^up their 
hundred, section twenty-six of chapter seventy-five and tilns^etc.*'"^" 
section two of chapter two hundred and thirteen shall 
not apply to physicians who put up their own prescrip- . 
tions or dispense medicines to their patients ; nor to the 
sale of drugs, medicines, chemicals or poisons at Avhole- 
sale only ; nor to the manufacture or sale of patent and 
proprietary medicines ; nor to the sale of non-poisonous 
domestic remedies usually sold by grocers and others ; 
nor shall any unregistered member of a copartnership be 
liable to the penalties hereof if he retails, compounds for 
sale or dispenses for medicinal purposes drugs, medicines, 
chemicals or poisons only under the personal supervision 
of a registered pharmacist. The widow, executor or ad- be^cominu'^d^b 
ministrator of a reo;istered pharmacist who has died or the widow, etc, 

.J. n. Ill • •. i 1 .• in certain caeee. 

wiie 01 one who has become incapacitated may continue 
his business under a registered pharmacist, who may also 
be considered qualified to receive a sixth class license 
to be exercised upon said premises of said deceased or 
incapacitated pharmacist under the registered licensee's 



248 Acts, 1902. — Chaps. 328, 329. 

personal supervision. The provisions of section twenty- 
two of chapter one hundred, so far as they may be in- 
consistent herewith, shall not apply to licenses issued 
hereunder. 

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

Apjyroved xipril 18, 1902. 

Ch(XV.S2lS -^N ■^'^'^ '^^ AUTHORIZE THE TOWN OF NATICK TO MAKE AN AUDI- 

TIONAL SEWERAGE LOAN. 

Be it enacted, etc., as follows : 
TownofNatick SECTION 1. The towu of Natick, for the purpose of 

may make an ., c^c^-\^^ 

additional sew- caiTyiug out the provisious oi chapter tour hundred and 
erage oan, e c. g£'^y_j^jj-^g ^f ^Y\e acts of the year eighteen hundred and 
ninety-four, and for the purpose of extending its system 
of sewerage and sewage disposal, is hereby authorized to 
appropriate a sum of money not exceeding fifty thousand 
dollars in addition to the amounts heretofore authorized 
by law to be appropriated by it for sewerage purposes ; 
and to raise the money so appropriated said town may 
issue negotiable bonds, notes or scrip in accordance with 
Proviso. i\^Q provisions of said chapter : j)rorided, that the whole 

amount of money appropriated for said purposes 1)}'" said 
town under the authority of this act and of other acts shall 
not exceed its legal limit of indebtedness by more than 
three hundred thousand dollars. 

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

Ajyproved April 22, 1902. 

ChaV 329 -^^ -^^"^ ^^ CONFreM the acts of THE ANNUAL MEETING OF THE 
TOWN OF BREWSTER IN THE YEAR NINETEEN HUNDRED AND 
TWO. 

Be it enacted, etc., as folloios : 
Proceedings of SECTION 1. The proccedine-s of the town of Brcwster 

town meetmg of '■ , ^ . 

Brewster con- at its annual meetino; in the year nineteen hundred and 
two shall not be invalid by reason of any informality or 
illegality in the choice of a moderator. 

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

Approved April 22, 1902. 



Acts, 1902. — Chaps. 330, 331. 249 



An Act to authorize the town of marblehead to take (7/;f//9.330 

nick's cove. 

Be it enacted, etc., as follows : 

Section 1. The town of Marblehead, for the purposes Town of 
of providing itself with an outlet for a town drain, and a may take Nick's 
conuHon landing place, may take Nick's cove in said town, mon fandlug"'"' 
in tlie manner provided by law for the taking of land for p^'**'®- '^^'^• 
highways, and may make such improvements in said cove, 
including the filling thereof in whole or in part, building 
and maintaining retaining walls, steps, floats or runways, 
as it may consider necessaiy or convenient for the pur- 
poses aforesaid, subject to the provisions of chapter ninety- 
six of the Revised Laws. 

Section 2. The damages sustained by any person by Damages. 
reason of the taking or improving of Nick's cove, as afore- 
said, shall be estimated in the manner provided by law in 
the case of land taken for laying out highways. 

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

Approved April 22, 1902. 



Chap.S31 



An Act to authorize the town of falmouth to extend its 
avater works and issue additional bonds. 

Be it enacted, etc., as folloivs : 

Section 1. Section thirteen of chapter sixty-six of amended? ^^' 
the acts of the year eighteen hundred and ninety-eight is 
hereby amended by striking out in the sixth line of said 
section, the words " one hundred and fifty ", and inserting 
in place thereof the words : — one hundred and seventy- 
five, — so that the amount of bonds authorized by said 
section to be issued shall be one hundred and seventy- 
five thousand dollars. 

Section 2 . The town of Falmouth, after the purchase Town of Pai- 
of and payment for the franchise and corporate property ueuea^ttionai 
of the Falmouth Water Company, may, for the purpose of ^o'^^'^- «*<=• 
extending its water works, issue bonds to an amount not 
exceeding thirty thousand dollars in addition to the amount 
authorized by said section thirteen as amended by this act. 
Such bonds shall be of the form and subject to the provi- 
sions specified in said section thirteen. 

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

Approved April 22, 1902, • 



250 Acts, 1902. — Chaps. 332, 333, 334. 



Chcip.332 An Act to annex tekkitory to the city of fall river. 
Be it enacted^ etc. , as foUoivs : 

anulxed^t"cu7 SECTION 1. The tcmtory lying Westerly from and ad- 
of^Faii River, joining tlic clty of Fall River, which was formerly of the 
town of Tiverton in the state of Rhode Island but which, 
upon the passage of chapter four hundred and seventy-six 
of the acts of the year eighteen hundred and ninety-nine, 
became part of this Commonwealth, shall be taken and 
deemed to be a part of the city of Fall River, and said 
territory and its inhabitants shall be under the control 
and jurisdiction of the city of Fall River, and of the 
courts, registry of deeds and all other departments of this 
Commonwealth, as the city of Fall River and its inhabi- 
tants now are. 

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

AjJjJroved April 22, 1902. 

CA(^7?.333 -^^ -^^'•^ '^'^ AUTHORIZE THE TOWN OF CARVER TO BECOME AN 
ASSOCIATE IN THE FORMATION OF THE PLYMOUTH, CARVER AND 
WAREHAM STREET RAILWAY COMPANY AND TO HOLD SHARES OF 
THE CAPITAL STOCK OR BONDS OF SAID COMPANY. 

Be it enacted, etc., as folloivs : 
may becoSeT/ SECTION 1. The towu of Carvcr is hereby authorized 
formiuono/the ^^ becouic an associatc in the formation of the Plymouth, 
Plymouth, Carvcr and Wareham Street Railway Comi^any, and to 
Wareham subscribc for and hold shares of the capital stoclv or bonds 

Street Railway i> • i i i i i i • , i 

Company, etc. oi saicl coiiipaiiy, to thc aiiiouiit and m tlie manner pro- 
vided for by sections forty-nine to hfty-four, both inclu- 
sive, of chapter one hundred and eleven of the Revised 
Laws with reference to subscriptions by towns for shares 
of the capital stock or securities of a railroad corporation. 
Section 2. This act shall take effect upon its passage. 

Approved April 22, 1902. 



Ch(l7).334: ■^'^ AC!T TO EXTEND THE TIME WITHIN WHICH THE WALTIIAM 
STREET RAILWAY COMPANY MAY CONSTRUCT AND OPERATE ITS 
RAILWAY. 

Be it enacted, etc., as folloivs : 
Time extended. Section 1. The time within which the Waltham Street 
Railway Company is authorized to construct and operate 
its railway is hereby extended to the first day of May in 



Acts, 1902. — Chap. 335. 251 

the year nineteen hundred and three : provided, that Proviso, 
nothhig herein contained shall be construed to recognize 
the validity of the original charter of said company, or 
to make legal its original location in the city of Waltham 
or any other location heretofore granted to said company. 
Section 2. This act shall take eftect upon its passage. 

Approved April 22, 1902. 



Cluqj.^^^ 



An Act RELAxrvE to the corporation laws of the common- 
wealth. 

Be it enacted, etc., as follows : 

Section 1. The governor of the Commonwealth, committee on 
with the advice and consent of the council, shall, within faw's^appo'int- 
thirty days after the passage of this act, appoint a com- ™*^"*- 
mittee of tlu'ee persons, citizens of the Commonwealth, 
one of whom he shall designate as chairman, to be known 
as the committee on corporation laws. 

Section 2. The said committee shall examine and Powers and 

duties. 

consider the laws of the Commonwealth, in relation to 
the formation, taxation and conduct of all corporations, 
foreign or domestic, except municipal, banking and pub- 
lic service corporations. The committee shall compare 
the said laws, and their eftect upon trade, commerce and 
manufactures, with the corresponding laws, and their 
eftect, in other states and countries, especially in respect 
to matters of taxation, and shall consider and determine 
whether the corporation laws of other states or countries 
are more favorable than those of this Commonwealth to 
the growth of trade, commerce and manufactures, and 
if so, in what particulars. The committee shall further 
consider and determine what legislation, if any, is neces- 
sary to make the relations existing between the Common- 
Avealth and said corporations more advantageous to the 
Commonwealth and to the public interest. 

Section 3. The said committee may establish rules May establish 
and regulations for the conduct of its business, and shall [ationno/the 
be provided with suitable quarters by the sergeant-at-arms bushre*^B*s°em* 
in the state house or elsewhere. It may employ experts pioy experts, 
and all necessary clerical and other assistance, and may 
incur such reasonable expenses, including travelling ex- 
penses, as may be authorized by the governor and coun- 
cil. Before incurring any expense the committee shall 
from time to time estimate its probable amount, and submit 



252 



Acts, 1902. — Chap. 336. 



To complete 
investigiition 
on or before 
January 1, 
1903, etc. 



the estimate to the governor and council for their approval, 
and no expense shall be incurred by the committee beyond 
CompenBation. ^\^q amount SO estimated and approved. The said com- 
mittee shall receive such remuneration as may be fixed by 
the governor and council. 

Sectiox 4. Said conmiittee shall complete its inves- 
tigation on or before the first day of January in the year 
nineteen hundred and three, and shall report the result 
thereof, in print, to the general court, on or before the 
second AVednesday in January in said year. If said com- 
mittee recommends any legislation it shall accompany its 
report with drafts of such bills as are necessary to carry 
such recommendations into effect. The powers of said 
committee shall terminate on said second Wednesday in 
January. 

Section 5. This act shall take effect upon its passage. 

Approved April 23, 1902. 



Cha7)Ji3Q ^^ -^^"^ RELATIVE TO CLERICAL ASSISTANCE IN THE Of'FICE OF THE 

ADJUTANT GENERAL. 



R. L. 16. § 14, 
ameuded. 



Salary of 
adjutant gen- 
eral, clerks, 
etc. 



Be it enacted, etc., as folloivs : 

Section 1. Section fourteen of chapter sixteen of the 
Revised Laws is hereby amended by striking out in the 
tenth line, the words ' ' six thousand three hundred ", and 
inserting in place thereof the words : — seven thousand 
one hundred, — so as to read as follows: — Section 14. 
The adjutant general shall receive a salary of three thou- 
sand six hundred dollars a year, and may employ five 
clerks, — one at a salary of twenty-two hundred dollars a 
year, a second clerk at a salary of sixteen hundred dol- 
lars a year, an additional clerk at a salary of two thousand 
dollars a year, and two at a salary of twelve hundred dol- 
lars each a year, — and a messenger at a salary of eight 
hundred dollars a year. He may employ such additional 
clerks and other assistants as may be necessary in his 
department, and in the quartermaster's and ordnance 
bureau, at an expense in all not exceeding seven thousand 
one hundred dollars a 3'^ear. 

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

Approved April 23, 1902. 



Acts, 1902. — Chap. 337. 253 



An Act to authorize the toa\'n of Lincoln to make an addi- CJJkij).^^^ 
tional water loan, 

Be it enacted, etc., as follows : 

Section 1. The town of Lincoln, for the purposes Town of Lin- 
mentioned in chapter one hundred and eighty-eight of an addUioMi ^ 
the acts of the year eighteen hundred and seventy-two, ilsul'^boSB, 
and subject to its terms and provisions, except as lierein ^**'- 
otherwise provided, may from time to time issue bonds, 
notes or scrip to an amount not exceeding twenty-five 
thousand dollars in addition to the amount Avhich the 
said town has heretofore been authorized to issue for 
said purposes. Such bonds, notes or scrip shall bear 
interest, payable semi-annually, at a rate not exceeding 
four per cent per annum ; shall be signed by the treasurer 
of the town and countersigned by a majority of the select- 
men, and may be sold at public auction or at private 
sale. 

Section 2. Such bonds, notes or scrip may be made Payment of 
payable in periods not exceeding thirty years from the ^°'*"'®*"'- 
date of issue ; and if not made payable in the manner 
provided in the following section the said town shall 
annually raise by taxation a sum sufficient to pay the 
interest on the 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 the said loan at maturity ; and the 
said sinking fund shall be applied to the payment of the 
principal of the said loan until the same is discharged 
and paid, and shall be used for no other purpose. The 
sinking fund commissioners of the said town shall be 
trustees of the said sinking fund, and shall report the 
condition of the same and render an account of their 
doings in relation thereto annually to the town. 

Section 3 . Instead of providing for the payment of J^r^J'„°^i''*a 
the said bonds, notes or scrip in the manner required by ments on loan. 
the previous section the town may make any of the issues 
of such bonds, notes or scrip payable in annual payments 
of such sums as will in the aggregate extinguish the 
whole of such issue within a term not exceeding thirty 
years ; and the amount re(]uired therefor shall without 
further vote be assessed in each year thereafter until the 
debt so contracted shall be extinguished. 



254 



Acts, 1902. — Chap. 338. 



Payment of 
interest, etc. 



R. L. 27 to 
apply. 



Section 4. The said town shall each year apply the 
net income and r(^ccii)ts derived from the use of water 
to the payment of the said interest, and the remainder, 
if any, of such net income and receipts it shall apply to 
the payment of the said bonds, notes or scrip, or it shall 
pay such remainder into the said sinking fund, and the 
amount so applied shall be deducted from the sums Avhich 
Avould otherwise be re(]uired to be raised by taxation. 
The provisions of chapter twenty-seven of the Revised 
Laws, except as otherwise herein provided, shall apjily 
to the issue of the said bonds, notes or scrip, and to the 
establishment and maintenance of said sinking fund. 

Section 5. This act shall take eft'ect upon its passage. 

Approved April 23, 1902. 



Chcip.33S ^^ -'^CT TO AUTHORIZE THE CITY OK MEDFORl) TO INCUR ADDI- 
TIONAL INDEBTEDNESS FOR PARK PURPOSES. 



Medford Park 
Loan, Act of 

19U2. 



Proviso. 



Not to he 
reckoned in 
determining 
debt limit, etc. 



Be it enacted, etc., as foUoivs : 

Section 1. The city of Medford, for the purpose of 
defra)' ing the cost and expenses of lands already acquired 
for park purposes on, along or near Mystic river, and for 
im[)roving the same under the authority of chapter twenty- 
eight of the Revised Laws, may incur indebtedness to an 
amount not exceeding twenty thousand dollars in addition 
to the amount heretofore authorized by law to be in- 
curred by the said city for such puri)oses ; and may from 
time to time, by a vote passed in the manner provided 
by section eight of chapter twenty-seven of the Revised 
Laws, issue and sell l)onds or scrip therefor. Such bonds 
or scrip shall be designated on the face thereof, ]\Iedford 
Park Loan, Act of 11)02, shall be signed by the mayor 
and city treasurer and countersigned by the city auditor, 
shall be payable in periods not exceeding thirty years 
from the dates of issue, and shall bear interest at a rate 
not exceeding four })er cent per aniuun, payable semi- 
annually : provided, that the whole amount of such ))onds 
or scrip issued by said city, together with the bonds or 
scrip heretofore authorized to be issued by the city for 
the same purposes, shall not in any event exceed the 
amount of seventy thousand dollars. 

Section 2. The debt and loan authorized by this act, 
and the bonds or scrip issued therefor, shall not be 
reckoned in determining the limit of indebtedness of said 



Acts, 1902. — Chap. 339. 255 

city under the provisions of section three of chapter 
twenty-seven of the Revised Laws ; but said city shall 
establish a sinking fund as provided in said chapter, 
sufficient with its accunuilations for the payment at 
maturity of the said delit, and of the bonds or scrip 
hereby authorized to be issued. 

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

Approved April 23, 1902. 



Chap,339 



An Act to authorize the city of lowell to supply the in- 
habitants OF the town of CHELMSFORD WITH WATER. 

Be it enacted, etc., as folloivs : 

Section 1. The city of Lowell may supply the in- cityofLoweu 
habitants of the town of Chelmsford with water for the towVoFcheims- 
extinguishment of fires and for domestic and other fo^d with water, 
purposes, and may construct and lay conduits, pipes and 
other works, under or over any lands, water courses, rail- 
roads, railways and public or private ways, and along any 
such ways in the town of Chelmsford 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 purposes of 
this act, the city of Lowell may enter upon and dig 
up any such lands and ways : provided, however.^ that the Provisos. 
city of Lowell shall not enter upon or dig up any public 
ways in the town of Chelmsford, except with the consent 
of the selectmen thereof; and the city of Low^ell shall 
restore to the satisfaction of the said selectmen the public 
ways dug up or otherwise disturbed in said town, and 
shall pay all damages sustained by any person in conse- 
quence of any act or neglect upon the part of the city of 
Lowell, its agents or employees, in digging up or other- 
wise disturbing any lands or public or private ways within 
the town of Chelmsford ; and jirovided, further, that said 
city shall not enter upon, construct or lay conduits, pipes 
or other works, within the location of any railroad corpora- 
tion, except at such time and in such manner as it may 
agree upon with such corporation, or, in case of failure 
so to agree, as may be approved by the board of railroad 
commissioners. 

Section 2. The city of Lowell may distribute water May distribute 
through the town of Chehnsford or any part thereof, and ^nlctrater,^ 
may regulate the use of such water and fix and collect ®**^- 



256 Acts, 1902. — Chap. 340. 

rates for the use of the same ; and th(; said town or any 
tire district now or hereafter established therein, or any 
individual or corporation, may make such contract with 
the city of LoAvell for the extinguishment of fires and for 
other purposes as may be agreed upon between said town, 
fire district, individual or corporation, and the city of 
Lowell ; and the said city may establish and maintain 
fountains and hydrants and relocate or discontinue the 
same. 
T^"^" °I J Section 3. The town of Chelmsford shall have the 

Chelmsford . . i • i 

may take prop- right at any time to take, by purchase or otherwise, the 
er y, rig s, e c. pj,Qpgj,j.^ ^^^^ ^^ ^j-^g rights and privileges of the city of 
Lowell held under the provisions of this act within the 
town of Chelmsford, on payment to said city of the actual 
cost of the same. The city of Lowell shall keep a sepa- 
rate account of the construction expenses and receipts of 
its plant within the tow^n of Chelmsford, which account 
shall be open to the selectmen or other committee ap- 
pointed by the said town. In case said town shall vote 
to purchase said property, rights and privileges, and can- 
not agree with the city of Lowell upon the amount of the 
total actual cost thereof, then in 'a suit in equity brought 
either by the city or by the toAvn the supreme judicial 
court shall ascertain and fix such total cost in accordance 
Avith the foregoing provisions, and shall enforce the right 
of the town of Chelmsford to take possession of said prop- 
erty, rights and privileges, upon the payment of such cost 
to the city of Lowell. 
^ct°etc.*''^ Sectiox 4. This act shall take effect upon its passage, 

but shall become void unless the city of Lowell shall 
begin to distribute water through its pipes to consumers 
in the town of Chelmsford within three j^ears after the 
date of the passage of this act. 

Approved April 23^ 1902. 



ChapMO 



An Act to authorize certain guaranty and surety com- 
panies TO insure against loss or damage by burglary, 

THEFT OR housebreaking. 

Be it enacted, etc., as follows : 

Certain compa- SECTION 1. Any insurance company authorized to do 
againXioss or busincss iu this Commonwcaltli under the third clause of 
burglary^Wft, scctiou twcnty-ninc of chapter one hundred and eighteen 
^^''* of the Revised Laws nvdy in connection therewith engage 



Acts, 1902. — Chap. 341. 257 

in the business authorized under the eleventh clause of 
said section : j^^'ovided, tRat it possesses a capital equal Prodis". 
to the aggregate ca})ital required of separate companies 
doing business under said third clause and under said 
eleventh clause, respectively. 

Section 2. A foreign insurance company, if incor- Certain foreign 

■ 1 •iiijii n 1 companies to 

porated or associated under the laws ot any government make a deposit 
or state other than the United States, or one of the United admiue'd to^do 
States, shall not be admitted to do the business in this business, etc. 
Commonwealth authorized in the preceding section until 
it has made a deposit with the treasurer and receiver gen- 
eral or with the financial officer of some other state of the 
United States of an amount not less than the capital re- 
quired of like companies under this act. Such deposit 
must be in exclusive trust for the benefit and security of 
all the company's policy holders and creditors in the 
United States, and may be made in the securities but sub- 
ject to the limitations specified in section thirty-four of 
chapter one hundred and eighteen of the Revised Laws, 
and such deposit shall be for. all purposes of the insurance 
laws the capital of the company making it. 

Section 8. Contracts of insurance against loss or dam- contracts of 
age by burglary, theft or housebreaking shall not be in- against loss by 
corporated in any contract of insurance guaranteeing the I'o^bl'contained 
fidelity of persons in positions of trust, private or public, p"oficyf''''**® 
or on any bond on which a fidelity company is surety, 
but shall be contained in a separate and distinct policy. 

Section 4. This act shall take effect upon its passage. 

Approved April 23, 1902. 



Chaj)Ml 



An Act making appropriations for improvements at the 
northampton insane hospital, for repairs at the state 
prison, and for certain miscellaneous expenses author- 
ized by laav. 
Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the purposes 
specified in certain acts and resolves of the present year, 
and for certain other expenses authorized by law, to 
wit : — 

For Annie M. Babcock, as authorized by chapter thirty Annie m. Bab- 
of the resolves of the present year, the sum of one hun- '^°^ ' 
dred dollars. 



258 



Acts, 1902. — Chap. 3il. 



Preservation of 
war records. 



liepairB at state 
prison. 



New books for 
library at Mas- 
eachusettB 
reformatory. 



Lemuel D. and 
Anna Burr. 



Northampton 
insane hospital. 



Patience Fidelia 
Clinton. 



George O. Bent. 



Preparing ac- 
count of the 
brown tail 
moth, etc. 



Equipment for 
first regiment 
of heavy artil- 
lery. 



New furniture 
for room occu- 
pied by joint 
committee on 
judiciary. 



For the preservation of the Avar records in the office of 
tlie adjutant general, as authoriA'd by chapter thirty-one 
of the resolves of the present year, a sum not exceeding 
fifteen hundred dollars, this sum to be in addition to any 
unexpendetl part of the amount authorized for the same 
purpose by chapter forty of the resolves of the year nine- 
teen hundred and one. 

For certain repairs at the state prison, as authorized by 
chapter thirty-two of the resolves of the present year, a 
sum not exceeding eight thousand dollars. 

For the purchase of- new books for the library at the 
Massachusetts reformatory, as authorized by chapter 
thirty-three of the resolves of the present year, a sum not 
exceeding one thousand dollars. 

For Lemuel D. Burr and Anna Burr, as authorized by 
chapter thirty-four of the resolves of the present year, 
the sum of one hundred and fifty dollars. 

For certain improvements at the Northampton insane 
hospital, as authorized by chapter thirty-five of the re- 
solves of the present year, a sum not exceeding thirty- 
five hundred dollars, this amount to be taken from any 
receipts that may be paid into the treasury of the Com- 
monwealth by said hospital. 

For Patience Fidelia Clinton, as authorized by chapter 
forty of the resolves of the present year, the sum of two 
hundred dollars, payable to the selectmen of the town of 
Grafton for her benefit. 

For George O. Bent, as autliorized by chapter forty- 
one of the resolves of the present year, the sum of six 
hundred dollars. 

For preparing and printing an account of the brown 
tail moth and of the best methods for destroying the same, 
as authorized by cha})ter forty-two of the resolves of the 
})resent year, a sum not exceeding one thousand dollars. 

For the purchase of equipment for the first regiment of 
heavy artillery, as authorized by chapter forty-tliree of 
the resolves of the present year, a sum not exceeding 
fifteen hundred dollars. 

To provide new furniture for the room occupied by the 
joint committee on the judiciar}^ as authorized by chapter 
forty-four of the resolves of the i)resent year, a sum not 
exceeding one thousand dollars, the same to be paid from 
the annual api)ro])riation for the current year for the care 
and repair of the state house and for furniture therein, . 



Acts, 1902. — Chap. 341. 259 

For printing and distributing two thousand copies of i^^48*refatin'''t 
the laws relating to labor, as authorized by chapter forty- labor. 
five of the resolves of the present year, a sum not ex- 
ceeding thirty dollars, the same to be paid out of the 
appropriation for contingent expenses of the bureau of 
statistics of labor. 

For expenses in connection with the new state printing state printing 
contract, as authorized by chapter forty-six of the re- *'°°''^''- 
solves of the present year, a sum not exceeding one hun- 
dred dollars. 

For the payment of unclaimed moneys in the hands of Payment of cer- 

i "^ . . • /» 1 unclaimed 

receivers of certain insolvent corporations after the same moneys. 
have been deposited in the treasury of the Commonwealth, 
a sum not exceeding two thousand dollars, the same to be 
in addition to the live hundred dollars appropriated by 
chapter ninety-eight of the acts of the present year. 

To carry out the provisions relative to the payment Pajjuentof 

-' i, ii/>/»i'i "•""'^ received 

from the treasury of the Commonwealth of funds received from public 
from public administrators, the sum of fourteen hundred 
dollars, the same to be in addition to the five hundred 
dollars appropriated by chapter ninety-eight of the acts 
of the present year. 

For Daniel Coonan, as authorized by chapter fifty-four Damej coonan. 
of the resolves of the present year, the sum of three hun- 
dred and twenty-five dollars, the same to be paid out of 
the Massachusetts Volunteers' Fund. 

For the publication of certain special laws, as author- Publication ..f 
ized by chapter fifty-five of the resolves of the present f^ws^'" *^'"^''' 
year, a sum not exceeding five thousand dollars. 

For Frederick C. Margerum, as authorized by chai)tcr Fredericitc. 
fifty-six of the resolves of the present year, the sum of *"'^^™'"- 
one hundred and twenty-five dollars. 

For Dennis Cashman, as authorized by cha})ter fifty- Dennis Cash- 
seven of the resolves of the present year, the sum of one 
hundred and twenty-five dollars. 

For expenses in connection with the completion of Luue's^bridge. 
Little s bridge, in the towns of Marshfield and Scituate, 
as authorized by chapter two hundred and seventy of the 
acts of the present year, a sum not exceeding two thou- 
sand dollars, the same to be in addition to any amount 
heretofore authorized for the same purpose. 

For Charles E. Mitchell, as authorized by chapter fifty- chariesE. 
nine of the resolves of the present year, the sum of three 
thousand dollars. 



260 



Acts, 1902. — Chap. 341. 



Civil service 
comraiBBion. 



Inetructloii of 
adult blind at 
their homes. 



Medals for Mas- 
Bachusetts 
minute men. 



Instruction in 
riding to 
mounted militia. 



Trustees of 
Soldiers' Home. 



■\Vinthrop A. 
Gates. 



Testimonials 
to Massachu- 
setts soldiers 
and sailors who 
served during 
war with Spain. 



Massachusetts , 

Agricultural 

College. 



New England 
Industrial 
School for Deaf 
Mutes. 

Estimates, etc., 
as to improve- 
ment of Catau- 
met harbor. 



For clerical assistance, for advertising and stationery, 
and for office, printing, travelling and incidental expenses 
of the commissioners, chief examiner and secretary of the 
civil service commission, a sum not exceeding twelve 
hundred dollars, the same to be in addition to the fifteen 
thousand five hundred dollars appropriated by chapter 
twenty-eight of the acts of the present year. 

To provide for the instruction of the adult blind at 
their homes b}^ the Perkins Institution and ]\Iassachusetts 
School for the Blind, as authorized by chapter two hun- 
dred and ninety-seven of the acts of the present year, a 
sum not exceeding five thousand dollars. 

To provide for medals for the Massachusetts minute 
men of eighteen hundred and sixty-one, as authorized by 
chapter sixty-two of the resolves of the present year, a 
sum not exceeding one thousand dollars. 

For giving instruction in riding to the mounted militia, 
as authorized by chapter sixty-three of the resolves of the 
present year, a sum not exceeding four thousand dollars. 

For the Trustees of the Soldiers' Home in Massachu- 
setts, as authorized by chapter sixty-four of the resolves 
of the present year, the sum of thirty-five thousand dollars. 

For compensating Winthrop A. Gates for loss sus- 
tained by the taking of certain land in the city of Newton 
by the metropolitan park commission, as authorized by 
chapter sixty-six of the resolves of the present 3^ear, a 
sum not exceeding six hundred dollars, to be paid from 
the Metropolitan Parks Loan Fund. 

For providing suitable testimonials for each officer, sol- 
dier or sailor who served as a part of the quota of Massa- 
chusetts during the war with Spain, as authorized by 
chapter sixty-eight of the resolves of the present year, 
a sum not exceeding one thousand dollars. 

For a central heating and lighting plant, and for a din- 
ing hall, at the Massachusetts Agricultural College, as 
authorized by chapter sixty-nine of the resolves of the 
present year, a sum not exceeding seventy-one thousand 
dollars. 

For the New England Industrial School for Deaf Mutes, 
as authorized by chapter seventy of the resolves of the 
present year, the sum of forty-five hundred dollars. 

For a survey and estimate by the board of harbor and 
land commissioners as to the improvement of C^ataumet 
harbor, as authorized by chapter seventy-one of the re- 



Acts, 1902. — Chap. 342. 261 

solves of the present year, a sum not exceeding five hun- 
dred dollars, to be paid out of the annual harbor and river 
improvements and contingency appropriation. 

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

Ap'proved April 28, 1902. 

An Act relative to taxing underground conduits, wires and /^7i/y »j ^49 

PIPES laid in PUP.LIC STREETS BY PRIVATE CORPORATIONS. 

Be it enacted, etc., as foUotvs : 

Section 1 . Section twenty-three of chapter twelve of ^- l- 12 § 23, 

•/ J. amended, 

the Revised Laws is hereby amended by adding thereto, 
after line eighty-four, the following paragraph : — 

Tenth, Underground conduits, wires and pipes laid in AsBessmentof 
public streets by any corporation, except street railway conduft8°"etc. 
companies, shall be assessed to the owners thereof in the 
cities or towns in which they are laid. 

Section 2 . Section thirty-seven of chapter fourteen of ^- l- 14, § 37, 
the Revised Laws is hereby amended by adding after the 
word "the", in the fifteenth line, the words: — under- 
ground conduits, wires and pipes and of the, — so that 
the sentence shall read as follows : — It shall also contain Annual returns 
a statement in detail of the underground conduits, wires Tionet^°'^'°^^^' 
and pipes and of the works, structures, real estate and 
machinery owned by said corporation and subject to 
local taxation within the Commonwealth, and of the 
location and value thereof. 

Section 3. Section thirty-eight of said chapter four- r. l.u, §38, 
teen is hereby amended by striking out the word " and ", ^™®°'*®'*- 
at the end of the fourteenth line, and inserting after the 
word " machinery", in the fifteenth line, the words : — 
and underground conduits, wires and pipes, — also by 
striking out the- word "and", in the twenty-fifth line, 
and inserting after the word "machinery", in said line, 
the words : — and underground conduits, wires and pipes, 
— also by striking out the word "and", in the thirty- 
first line, and inserting after the word "machinery", in 
said line, the words : — and underground conduits, wires 
and pipes, — also by striking out the word " and", in the 
thirty-fourth line, and inserting after the word " ma- 
chinery ", in said line, the words : — and underground 
conduits, wires and pipes, — so as to read as follows : — 
Section 38. The tax commissioner shall ascertain from the Valuation of 
returns or otherwise the true market value of the shares SVetc/"*"" 



262 Acts, 1902. — Chap. 342. 

of each corporation subject to the requirements of the 
preceding section, and shall estimate therefrom the fair 
cash value of all of said shares constituting its capital 
stock on the preceding first day of May, which, unless by 
the charter of a corporation a difterent method of ascer- 
taining such value is provided, shall, for the purposes of 
this chapter, l)e taken as the true value of its corporate 
franchise. From such value there shall be deducted : 
Deductions, First, In case of a railroad or telegraph company or 

of a street railway company whether chartered or organ- 
ized in this Commonwealth or elsewhere, so much of the 
value of its capital stock as is proportional to the length 
of that part of its line, if any, lying without the Com- 
monwealth ; and also the value of its real estate, machin- 
ery and underground conduits, wires and pipes, subject 
to local taxation within the Commonwealth. 

Second, In case of such a domestic telephone com- 
pany, the amount and market value of all stock in other 
corporations held by it upon which a tax has been paid 
in this or other states for the twelve months last preced- 
ing the date of the return ; and in case of such a foreign 
telephone company, so much of the value of its capital 
stock as is proportional to the number of telephones 
used or controlled by it or under any letters patent 
owned or controlled by it without the Commonwealth. 
In case of a telephone company, whether chartered or 
organized in this Commonwealth or elsewhere, the value 
of its real estate, machinery and underground conduits, 
wires and pipes, subject to local taxation within the Com- 
monwealth. 

Third, In case of corporations subject to the require- 
ments of the preceding section other than railroad, tele- 
graph, telephone or street railway companies, Avhcthcr 
chartered or organized in this Commonwealth or else- 
where, the value as found by the tax commissioner of 
then* real estate, machinery and underground conduits, 
wires and pipes, subject to local taxation wherever situ- 
ated. 

For the purposes of this section, the tax commissioner 
may take the value at which such real estate, machinery 
and underground conduits, wires and pipes is assessed at 
the place where it is located as the true value, but such 
local assessment shall not be conclusive of the true value 
thereof. 



Acts, 1902. — Chap. 343. 263 

Section 4. Section thirty-nine of .said chapter four- r.l. i4, §39. 
teen is hereb}^ amended by striking out the word " or", 
in the second line, and inserting after tlie Avord " machin- 
ery ", in said line, the words : — or underground conduits, 
wires and pipes, — so as to read as follows : — Section 39. ap^ai'fJlTm *° 
The tax commissioner may require a corporation to pros- locai valuation 
ecute an appeal from the valuation of its real estate, 
machinery or underground conduits, wires and pipes by 
the assessors of a city or town, either to the county com- 
missioners or to the superior court, whose decision shall 
be conclusive upon the question of value. Upon such 
appeal the tax commissioner may be heard, and in the 
superior court costs may be awarded as justice requires. 

Section 5. Section forty-two of said chapter fourteen r. l. i4, §42, 
is hereby amended by striking out the word " and", in ^^^'^ 
the first line, and inserting after the word " machinery ", 
in said line, the words: — and underground conduits, 
wires and pipes, — so as to read as follows: — /Sec^/rm valuation of tax 
42. If the value of the real estate, machinery and to'be'conciuTive 
underground conduits, wires and pipes of a corporation i"! certain cases, 
subject to local taxation within the Commonwealth, as 
determined by the tax commissioner, is less than the 
value thereof as determined by the assessors of the place 
where it is situated, he shall give notice of his determina- 
tion to such corporation ; and, unless within one month 
after the date of such notice it applies to said assessors 
for an abatement and, upon their refusal to grant an 
abatement, prosecutes an appeal under the provisions of 
section seventy-seven of chapter twelve, giving notice 
thereof to the tax commissioner, the valuation of said 
commissioner shall be conclusive upon said corporation. 

Section 6. This act shall take eft'ect upon its passage. 

Approved April 28, 1902. 

An Act to incorporate the Massachusetts steamship com- /^7,^/,j Q4'-} 

PANY. _ ^ 

Be it enacted, etc., as follows : 

Section 1. Alfred Winsor, Joseph B. Kussell and ^teamScom. 
James W. Hill, their associates and successors, are hereby pany incorpo- 
made a corporation by the name of the Massachusetts 
Steamship Company, for the purpose of acquiring, own- 
ing, operating, chartering and selling steamships and 
other vessels, of transporting freight and passengers, and 



264 



Acts, 1902. — Chap. 344. 



Capital stock. 



Capital stock 
may be in- 
creased or re- 
duced. 



of eariying on such other business in connection there- 
Avith or rehiting thereto as the directors may from time 
to time deem advisable ; and for tlie foregoing purposes 
the said corporation shall have all the powers and privi- 
leges and be subject to all the duties, restrictions and 
lia))ilities set forth in chapter one hundred and ten of the 
Revised Laws and in all general laws now or hereafter in 
force relating to such corporations, except as otherwise 
expressly provided herein. 

Section 2. The amount of the capital stock of said 
corporation shall be fixed and limited by the corporation 
at one million dollars ; and the corporation shall not 
begin business until the whole amount of its capital stock 
has been paid in. 

Section 3. The capital stock of said corporation may 
from time to time be increased above or reduced below 
the amount provided for by section two, to the extent 
and in the manner provided for by the general laws of the 
Commonwealth relating to mechanical or manufacturing 
corporations. 

Section 4. This act shall take effect upon its passage. 

Ajjproved April 29, 1902. 



Cha])M4: 



Boston Steam- 
ship Company 
incorporated. 



Capital stock. 



An Act to incorporate the boston steamship company. 
Be it enacted, etc., as folloivs : 

Section 1. Alfred Winsor, John Parkinson and 
Frank G. Webster, their associates and successors, are 
hereby made a corporation by the name of the Boston 
Steamship Company, for the purpose of acquiring, own- 
ing, operating, chartering and selling steamships and 
other vessels, of transporting freight and passengers, and 
of carrying on such other business in connection there- 
with or relating thereto as the directors may from time 
to time deem advisable ; and for the foregoing purj)Oses 
the said corporation shall have all the powers and privi- 
leges and be subject to all the duties, restrictions and 
liabilities set forth in chapter one hundred and ten of the 
Revised Laws and in all general laAvs now or hereafter in 
force relating to such corporations, except as otherwise 
expressly provided herein. 

Section 2. The amount of the capital stock of said 
corporation shall be fixed and limited by the corporation 
at one million dollars ; and the corporation shall not begin 



Acts, 1902. — Chap. 345. 265 

business until the whole amount of its capital stock has 
been paid in. 

Section 3. The capital stock of said corporation may Maybein- 
from time to time be increased above or reduced below duTed^.etc/** 
the amount provided for hy section two, to the extent 
and in the manner provided for by the general laws of 
the Commonwealth relating to mechanical or manufactur- 
ing corporations ; and such part of the original capital 
stock or any increase thereof may be made preferred as 
to dividends or principal, as a majority of the stock- 
holders for the time being may determine. 

Section 4. All issues of stock under the pro^'isions issues of stock 
of this act shall l)e subject to the approval of the com- byeomimr'^ 
missioner of corporations. latroM?^ ''°^^'^' 

Section 5. This act shall take effect upon its passage. 

Ap2)roved April 29, 1902. 



CTiapMB 



An Act to authorize the Greenfield and deerfield street 
railway company to act as a common carrier of baggage 
and small parcels of merchandise. 

Be it enacted, etc., as follows : 

Section 1 . The Greenfield and Deerfield Street Rail- ^'^y ^"^ ^« "" . 

^ _ common earner 

Avay Company is hereby authorized to act as a common of merchandise, 
carrier of baggage and small parcels of merchandise, and 
to transport fuel and supplies for its own use, upon its 
tracks now or hereafter constructed in the towns of Green- 
field and Deerfield, and upon any other tracks over which 
it has trackage rights : provided, however, that said com- provisoB. 
pany shall not so act in an}^ town until authorized so to 
do by the selectmen of such town ; and provided, farther , 
that in so acting in any town said company shall be sub- 
ject to such by-laws, ordinances and regulations as may 
from time to time be made by that town ; and shall also 
be subject to the provisions of chapter seventy of the 
Revised Laws, and of all other laws now or hereafter in 
force relating to common carriers. 

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

AiypToved April 29, 1902. 



266 



Acts, 1902. — Cfiap. 346. 



Moderators of 
town meetings 
may be elected 
for terms of one 
year, etc. 



C'Aa79.346 -^^ ^'^'^ ^*^ provide that moderators of town meetings may 

BE ELECTED FOR TERMS OF ONE YEAR. 

Be it enacted, etc., as foUotvs : 

Section 1. Any town which votes to accept the pro- 
visions of this act may at any annual election of town 
officers elect from the inhabitants thereof by ballot, in the 
same manner in which its other town officers are elected, 
a moderator to preside at all town meetings except those 
for the election of state officers. His term of office shall 
begin as soon as he is qualified, and shall continue until 
the next annual town meeting, and at the said meeting 
until his successor is elected and qualified ; and if his suc- 
cessor is not then elected and qualified, he shall hold 
office until his successor is elected and qualified. Any 
town which has elected a moderator in accordance with 
the provisions of this act shall thereafter elect a modera- 
tor at every annual election of town officers, in accord- 
ance with the said provisions, unless at a meeting duly 
called for the purpose the town votes to discontinue the 
electing of moderators as aforesaid. If a vacancy in the 
said office occurs during any term it may be filled by 
the voters of the town at a meeting called for that pur- 
pose. 

Section 2. A moderator before entering upon his 
official duties shall be sworn to the faithful performance 
thereof. 

Section 3. If a moderator elected in accordance with 
the provisions of this act is absent a moderator pro tem- 
pore may be elected ; and if a moderator pro tempore is 
not elected, or until his election, the town clerk shall 
preside. If the town clerk is absent, or if there is no 
town clerk, the chairman of the selectmen or the member 
of the board longest in continuous service shall preside ; 
and if no selectman is present the justice of the peace 
calling such meeting, if the meeting was so called, shall 
preside. Every such presiding officer shall have the 
powers and perform the duties of a moderator. 

Section 4. So much of chapter eleven of the Revised 
Laws as is inconsistent herewith is hereby repealed. 

Section 5. This act shall take eft'ect upon its passage. 

A2)2)roved April 29, 1902. 



Vacancy. 



To be sworn. 



Who shall pre- 
side in case of 
absence of 
moderator. 



Repeal. 



Acts, 1902. — Chap. 347. 267 



An Act to authorize the American woolen company of new /nrz „^ oatt 

JERSEY TO ERECT AND MAINTAIN POLES AND WIRES AND TO FUR- ^' 

NISH ELECTRIC LIGHT AND POWER IN THE TOWN OF MAYNARD. 

Be it enacted, etc., as follows : 

Section 1. The American Woolen Company of New The American 
Jersey is hereby authorized to furnish electric light and ^ny^ofNew' 
power to the inhabitants of the town of Maynard, and to Jersey may 

f. . . 1 , r . furnish electric 

liffht the hio;hways in said town by electricity, on such ligiit and power 

O o J J ^ ^ J J jjj ^jjg town of 

terms as it may agree upon with the said inhabitants and Maynard. 
town, respectively ; and for these purposes the said com- 
pan}^ may erect, maintain and operate upon the said high- 
ways such wires, posts and other fixtures as may be 
necessary therefor. The exercise of the powers hereby 
granted shall be subject to all laws now or hereafter in 
force relating to the erection, maintenance or operation 
of lines for the transmission of electric light and power, 
and to corporations engaged in the sale of electricity 
for light or power. 

Sectiox 2 . If the town of Maynard shall vote to en- Town to pur- 
gage in the business of supplying electric light or power, wi^esand^fix- 
in accordance with the provisions of chapter thirty-four to^uppiv e°ec-* 
of the Revised Laws and acts in amendment thereof, then trie light, etc. 
the said American Woolen Company shall convey to said 
town upon demand by it all the interest of said company 
in and to the posts, wires and other fixtures owned or 
used by the company for the distribution and sale of 
electricity in the town and not upon the land of said 
company, and the town shall be bound to purchase of 
said company only such posts, wires and fixtures. The 
town of Maynard shall pay to the said company the 
reasonable value of the posts, wires and fixtures so con- 
veyed, to be determined in the manner provided in said 
chapter for determining the value of electric lighting 
plants taken by municipalities under the provisions of 
said chapter. Upon the conveyance to the town of the 
posts, wires and fixtures, as herein provided, the au- 
thorit}' granted by section one of this act shall cease. 

Section 3. The said company shall appoint in Avrit- company to ap- 

. t y .-, ^ ^ - point a resident 

ing an agent, who shall reside in said town and whose agent, etc. 
appointment shall be filed with the town clerk of said 
town ; and service of legal process made upon such agent 
shall have the same legal eftect as if the company were 
established under the laws of this Commonwealth and 
such service were made upon the corporation itself. 



268 



Acts, 1902. — Citap. 348. 



Permission 
may be revoked 
for certain 
cause, etc. 



Selectmen may 
make certain 
regulatione. 



eSt^H"""""' Section 4. A failure or neglect, continuing for four- 
dent g'oulfd for ^'*^^" ^^^y^ ^^^'^^ demand or notice to its agent api)oiiited 
*o'"feit"fe of {IS aforesaid, to pay and satisfy an execution or to comply 
with a decree of court against it, shall be deemed suffi- 
cient ground for a forfeiture of its rights under the fore- 
going provisions of this act, and sucli forfeiture may be 
enforced by information brought by the attorney-general 
in his discretion. 

Section 5. The selectmen of said town, upon the 
neglect or failure of said company to comply with the 
provisions of this act, may, after due notice and hearing, 
revoke any permission or direction given by virtue of this 
act, and may order the poles, wires and other fixtures of 
said company to be removed from said highways ; and all 
such poles, wires, fixtures and other property of said com- 
pany, not removed within a reasonable time thereafter, 
shall be forfeited to said town. 

Section G. The selectmen of said town shall have the 
power at all times to make such regulations in regard to 
the purpose for which and the manner in which the wires 
aforesaid are used and operated within the limits of the 
town, as public convenience and safety may require. 
Section 7. This act shall take eflect upon its passage. 

Apj)roved April 29, 1902. 

ChajJ.ii'^S An Act uelative to the registration of voters and to vot- 
ing IJSTS IN CERTAIN WARDS IN SUKFOLK SENATORIAL DISTRICTS. 

Be it enacted, etc., as follotvs : 

Section 1. In all wards within any of the Suffolk 
senatorial districts which are outside of the city of Boston 
the registrars of voters shall, annually after the closing of 
registration and before the annual state election, make, 
by wards or precincts, as the case may be, street lists of 
voters to be used as the voting lists at elections. Names 
shall be added thereto or taken therefrom as persons are 
found (lualified or not qualified to vote. The said lists 
shall be in the follo\vini»- form : — 



Registration of 
voters, etc., in 
certain wards in 
Suffolk sena- 
torial districts. 



.Street. 



Name of voter. 



Residence, number or 
other (lesignation, 
May 1, of the year 
of election. 



Length of residence 
in city. 



Personal De- 
scription. 



Acts, 1902. — Chaps. 349, 350. 269 

Section 2. All acts and parts of acts inconsistent Repeal. 
herewith are hereby repealed. 

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

Approved April 29, 1902. 

An Act relative to taxes assessed upon foreign corpora- (JJ^ny) 349 

TIONS AND non-resident PERSONS DOING BUSINESS IN THE COM- 
MONWEALTH. 

Be it enacted^ etc, as follows : 

Section 1. When any foreign corporation or non- certain foreign 
resident person doing business in the Commonwealth etc.^may°beie- 
shall for sixty days neglect, refuse or omit to \My a tax doing busings 
lawfully as.sessed and payable, any court having jurisdic- j°o,^^,fea,°huntii 
tion in equity may upon petition of the collector of taxes tax is paid. 
of the city or town where the tax is assessed restrain said 
corporation or person from doing business in the Com- 
monwealth until said tax, with all incidental costs and 
charges, shall have been paid. Service of process upon 
any such petition may be made by an officer duly (juali- 
fied to serve process, by leaving a duly attested co[)y 
thereof at the place Avhere the business is carried on. 

Section 2. This act shall take eft'ect upon its passage. 

Approved April 29, 1902. 



ChapMO 



An Act relative to the operation and custody of eleva- 
tors. 

Be it enacted, etc., as follows : 

Section 1 . All elevators for the carriage of freight or operation and 
passengers, running at a speed of more than one hundred t^neievator"" 
feet a minute, shall be operated by competent persons not 
less than eighteen years of age, and no other i)erson shall 
operate or have the care or charge of such an elevator. 

Section 2. No elevator for the carriage of freight or Nottobeoper. 
passengers shall be operated by or placed in charge of any "/.Iderle^yearT 
person under sixteen years of age. of age, etc. 

Section 3. Any person, firm or corporation violating Penalty. 
any provision of this act by operating or causing an ele- 
vator to be operated or to be taken care or charge of in 
any manner contrary to the provisions of this act shall be 
punished by a fine of not less than twenty-five nor more 
than one hundred dollars for each oftence. 

Section 4. So much of any act as is inconsistent Repeal. 
herewith is hereby repealed. Approved April 29, 1902. 



270 



Acts, 1902. — Chap. 351. 



City of 

Worcester may 
take certain 
waters, lands, 
etc. 



CAaW.351 ^^ ^CT TO AUTIIOKIZE THE CITY OF AVOKCESTEK TO INCKEASE ITS 

AVATEH SUPPLY. 

Be it enacted, etc. , as foUotvs : 

Section 1 . The city of Worcester is liereby autlior- 
ized, for the purpose of increasing its Avater sup[)lj, to 
take by })urcliase or otherwise, from time to time, and to 
hold and convey into and tlirougli said city the Avaters of 
Kendall brook, so-called, at or near the dam of Kendall 
reserA^oir, and the Av^aters of Asnebumskit brook, so-called, 
at or near an elevation of eight hundred feet above mean 
sea level at Boston, and the Avaters upon the Avatershcd 
between said two brooks at or near an elevation of eight 
hundred feet above mean sea level at Boston, all of said 
places of taking being in the town of llolden, and also 
the Avater in any reservoirs thereon and the Avaters iloAvi ng 
into and from the same, and all springs and tributaries 
thereto, and the water rights connected Avith said sources 
above said places of taking ; and the said city may take 
existing reservoirs and ponds upon said streams above the 
points at Avliich it may take the said Avaters ; and may by 
aqueduct bring the Avaters so taken directly into the city 
or through any reservoir and any aqueduct belonging to 
said cit}^ and now existing ; and may construct and lay 
conduits, pipes and other Avorks under or over lands, 
water courses, railroads, railways, })ublic or private Avays 
and along such Avays ; and may take by purchase or other- 
Avise and hold in fee or otherwise any lands, dams or 
structures, easements or rights in land on and around 
said Kendall brook and reservoir up to an elevation of 
about eight hundred and fifty feet above said mean sea 
level, and between said Kendall reservoir and other reser- 
voirs of said city on Tatnuck brook in said Holden, and 
between said Kendall reservoir and said Asnebumskit 
brook up to an elevation of about nine hundred and forty 
feet above said mean sea level ; and the said city may 
build and maintain dams, conduits, canals, water courses, 
pipes, reservoirs, and such other Avorks as ma}^ bo deemed 
necessary for collecting, purifying, storing, discharging, 
conducting or distributing said waters or preserving the 
purity thereof. 

Section 2. The rights herein granted to the city of 
Worcester shall l)e subject to the rights granted to the 
Leicester Water Supply District by chapter tAVO hundred 



The rights 
herein granted 
the city of 
AVorcester to be 
Bubject to the 



Acts, 1902. — Chap. 351. ' 271 

and thirty of the acts of the year eighteen hundred and ^^'^Lefce^ter'^ 
ninety-five, and if said Leicester Water Supply District p-gt^i'cf.Ttc!^ 
shall exercise any rights conferred by said chapter after 
the taking herein authorized to be made by the city of 
Worcester the Leicester AVater Supply District shall pay 
to the city of Worcester all damages thereby sustained by 
it, to be ascertained and determined in the manner and 
within the time set forth in chapter three hundred and 
sixty-one of the acts of the year eighteen hundred 
and seventy-one : provided, that from the time when the Proviso. 
city of Worcester first diverts the waters of Asnebumskit 
brook, until the time when an additional source of Avater 
supply embracing more than twenty-five S(|uare miles of 
watershed is obtained for the metropolitan Avater district, 
the city of Worcester shall not draAv water from the 
sources authorized by this act when water is running to 
waste past the lowest w^ater Avorks dam of said city on 
Tatnuck brook ; nor, in case the amount of water stored 
in the reser\'oirs on Tatnuck lu'ook exceeds one half the 
total capacity of such reservoirs, shall the city draAv 
Avater from the sources so authorized Avhen Avater is run- 
ning to Avaste past the lowest Avater Avorks dam of said 
city on either Tatnuck brook or Lynde brook ; nor, in 
case the amount of Avater stored in the reservoirs on 
Tatnuck brook exceeds three fourths of the total capacity 
of such reservoirs, shall the city draAv Avater from the 
sources so authorized Avhen Avater is running to Avaste 
past the loAvest water Avorks dam of said city on either 
Tatnuck brook or Lynde brook or Kettle brook, except 
that the fact of a waste of Avater past the Kettle brook 
dam shall not prevent the draAving of Avater as aforesaid, 
if the fiow of Kettle brook at the head of the conduit or 
conduits Avliich convey its Avater toAvard the Lynde brook 
reservoir is in excess of the capacity of such conduit or 
conduits. 

Section 3. The rights, poAvers and authority given By whom 
by this act shall be exercised by the city of Worcester am? authority* 
from time to time by such officers, servants and agents cj'ged.^etcr^'^" 
as the city council may appoint, ordain and direct, and 
said citA^ shall be entitled to all rights and, except as 
herein otherwise provided, shall l)e subject to all the 
duties and liabilities set forth in chapter tliree hundred 
and sixty-one of the acts of the year eighteen hundred 
and seventy-one. 



272 



Acts, 1902. 



Chap. 352. 



Damages. 



ProviBO. 



Worcester 
Water Scrip. 



Section 4. The city shall be liable for all damages to 
property sustained by the Commonwealth or by any 
persons by the taking of any land, easements, rights in 
land, water or Avater rights as aforesaid, or by the con- 
struction of any aqueducts, reservoirs or other works by 
authority hereof, the same to be ascertained and deter- 
mined so far as the Commonwealth is concerned in the 
manner set forth in chapter four hundred and fifty-six of 
the acts of the year eighteen hundred and ninety-seven, 
and so far as all other persons are concerned in the man- 
ner and Avithin the time set forth in said chapter three 
hundred and sixty-one of the acts of the year eighteen 
hundred and seventy-one : provided, however, that no 
application shall be made for the assessment of damages 
for the taking of any Avater or water rights or for any 
injury thereto until the Avater is actually diverted under 
authority of this act, and no Avater shall be diverted until 
said city has given at least six months notice to all parties 
by publishing the same in two daily newspapers published 
in said Worcester, said notice to set forth the fact that 
said city intends to divert said Avaters and to fix the exact 
day upon Avhich it intends to divert the same ; and the 
day so fixed shall be deemed the time of actual diversion, 
and the application aforesaid may be made Avithin one 
year after such actual diversion. 

Section 5. For the purpose of defraying all costs and 
expenses incident to the acts herein authorized, includ- 
ing the payment for land, water and Avater rights taken 
or purchased, the city council shall have authority to 
borrow from time to time such sums of money as it shall 
deem necessary, to an amount not exceeding five hundred 
thousand dollars, and to issue therefor notes, bonds or 
certificates of indebtedness, to be denominated on the face 
thereof, Worcester Water Scrip, and subject to the pro- 
visions of chapter tAventy-seven of the Revised LaAVs. 

Section 6. This act shall take efl^ect upon its passage. 

Approved April 29, 1902. 



Oh(lJ).352 ■'^^ ^^^ ^^ AUTHORIZE TilE DIA^SION OF AAO\^RD EIGHT IN THE CITA' 
OF GLOUCESTER INTO THREE VOTING PRECINCTS. 

Be it enacted, etc., as follows : 

Gioucel'ter.may Section 1. The mayor and aldermen of the city of 
sprecincte'"*" Clouccstcr are hereby authorized to divide Avard eight in 



Acts, 1902. — Chap. 353. 273 

that city into three voting precincts, notwithstanding the 
voters of said ward are less than five hundred in number. 
The said precincts shall be designated, respectively, as 
precinct number one, precinct number two and precinct 
number three, of ward eight. The precinct lines shall 
be as follows : — 

Precinct One : Beginning at a point in the location of Precinct one. 
the Boston and Maine Railroad opposite Laurel street and 
running thence southeasterly at a right angle with said 
railroad location four hundred feet, thence northeasterly 
on a line parallel with and four hundred feet distant from 
said railroad location to a point in Essex avenue about 
four hundred feet southeasterly of the cattle pass in said 
railroad location about five hundred feet northeasterly of 
the West Gloucester station of said railroad, thence south- 
westerly in a straight line to a point in Western avenue 
where said avenue is intersected by Norman's AVoe brook, 
thence by said brook to the sea ; beginning again at the 
point iirst mentioned and running thence southwesterly 
by said railroad location to the Manchester town line. 

Precinct Two, shall comprise all the territory in said Precinct Two. 
ward northerly and westerly of said location of the Bos- 
ton and Maine Railroad, also the section four hundred feet 
in width lying southeasterly of said raih'oad location, 
extending from a point opposite Laurel street to a point 
in Essex avenue common to the three precincts. 

Precinct Three, shall comprisciill the territory in said Precinct Three. 
ward lying southerly of the railroad location, from a point 
five hundred feet northeasterly of the West Gloucester 
station of said railroad, bounded easterly by the Glouces- 
ter canal, southerly by the sea and westerly by Norman's 
Woe brook and by the lines of precincts one and two. 

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

Approved Ajyril 29, 1902. 



Chap.i^5S 



An Act in addition to an act making appropriations for 
the salaries and expenses of the gas and electric light 
commissioners. 

Be it enacted, etc., as foUoios : 

Sectiox 1. The sums hereinafter mentioned are ap- Appropriations. 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for salaries and 
expenses of gas inspection in the department of the gas 



274 



Acts, 1902. — Chap. 354. 



Inspector of 
gae meters. 

First assistant. 



Second assist- 
ant. 

Deputies, 
apparatus, etc. 



and electric liglit commissioners from the first day of 
INIa}' up to and including the thirty-first day of December 
in the year nineteen hundred and tAA'O, to wit : — 

For the salary of the inspector of gas meters, sixteen 
hundred sixty-six dollars and sixty-seven cents. 

For the salary of the first assistant inspector of gas 
meters, one thousand dollars. 

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

For the compensation of deputies, for necessary ap- 
paratus, travelling expenses, office rent and other neces- 
sary expenses incidental to the duties of said inspectors, 
a sum not exceeding four thousand one hundred dollars. 

Section 2. This act shall take eft'ect upon its passage. 

Approved April 29, 1902. 



(7/?'(XX>.354 ^^ ^^^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES 

OF THE INSPECTORS OK GAS METERS. 



Appropriations. 



Inspector of 
gas meters. 

First assistant. 



Second assist- 
ant. 

Deputy inspect- 
ors. 



Expenses. 



Be it enacted, etc., as folloios : 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the salaries 
and expenses of the inspectors of gas meters from the 
first day of January up to and including the thirtieth 
day of April in the present year, to wit : — 

For the salary of the inspector of gas meters, eight 
hundred thirty-three dollars and thirty-three cents. 

For the salary of tlie first assistant inspector of gas 
meters, five hundred dollars. 

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

For the compensation of deputy inspectors of gas 
meters, the sum of six hundred six dollars and sixty-six 
cents. 

For travelling and incidental expenses, rent, apparatus 
and general office expenses of the inspectors of gas meters, 
a sum not exceeding nine hundred dollars. 

Section 2. This act shall take efl'ect upon its passage. 

Approved April 29, 1902. 



Acts, 1902. — Chaps. 355, 356, 357. 275 



An Act relative to the maintenance of branch offices by (^J^pYi S55 

TRUST COMPANIES. 

Be it enacted^ etc., as follows : 

Section 1. No trust company shall hereafter main- Branch offices 
tain a branch office except as hereinafter provided. nies"^ compa- 

Section 2. The board of commissioners of savings certain branch 
banks may authorize in ^vi'iting any trust company to aShoriTeT "^^ 
maintain a branch office in the city or town in which its 
main office is located, for the sole purpose of receiving 
deposits, paying checks and transacting a safe deposit 
business. 

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

Aijproved April 29, 1902. 



An Act to establish the salary of the clerk of the police 

COURT of HOLYOKE. 

Be it enacted, etc., as follows : 

Section 1. The salary of the clerk of the police saiary of cierk 
court of Holyoke shall be fifteen hundred dollars a year, of mJiyoke"'* 
to be so allowed from the first day of July in the year 
nineteen hundred and two. 

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

Approved April 29, 1902. 



ChapMQ 



established. 



An Act relative to the election of the school committee 

AND the removal OF CERTAIN OFFICIALS IN THE CITY OF CAM- 



Chcq).357 



Be it enacted, etc., as folloivs : 

Section 1. Section four of chapter three hundred and i89i. p. § 4, 

i»i f ^ •! 1T11 aniended. 

Sixty-four of the acts of the year eighteen hundred and 
ninety-one is hereby amended by striking out all after the 
w^ord "years", in the thirteenth line, and inserting in 
place thereof the words : — The school committee shall 
consist of fifteen members, to be elected as follows : — 
The ((ualified voters of the city shall at the annual city 
election of the current year, and each third year there- 
after, choose one member each from wards three, four, 
six and eleven, and one from the city at large ; in the 
year nineteen hundred and three, and each third year 
thereafter, one member each from wards two, five, seven 
and nine, and one member at large ; in the year nineteen 



276 



Acts, 1902. — Chap. 357. 



Annual munici 
pal election. 



hundred and four, and each third year thereafter, one 
member each from wards one, eight and ten, and two 
members at large, each person to be so electc'd for the 
term of three years. The qualified voters of the city 
shall at any such election fill for the unexpired term all 
vacancies then existing in the offices of assessor and school 
committee. Nothing however in this act shall affect the 
tenure of office of any person elected to the office of 
school committee during the years nineteen hundred and 
nineteen hundred and one, but every such person and his 
respective successor or successors shall hold such office 
during the remainder of such unexpired term, — so as to 
read as follows : — Section 4. An annual election for the 
choice of city officers shall be holden on the Tuesday next 
following the second Monday in December, and all offi- 
cers who are chosen by the (qualified voters shall be chosen 
by ballot ; and such officers, except the assessors and the 
members of the school committee, shall hold their respec- 
tive offices for the succeeding nmnicipal year ; to Avit, 
beginning Avith the first Monday in January succeeding 
the annual election and continuing till the first Monday 
in January of the year following and until others shall be 
chosen and qualified to act in their stead. The qualified 
voters of the city shall at each annual election choose one 
of their number to be assessor for the term of tliree years. 
The school committee shall consist of fifteen members, to 
be elected as follows : — The qualified voters of the city 
shall at the annual city election of the current year, and 
each third year thereafter, choose one member each from 
wards three, four, six and eleven, and one from the city 
at large ; in the year nineteen hundred and three, and each 
third year thereafter, one member each from wards two, 
five, seven and nine, and one member at large ; in the 
year nineteen hundred and four, and each third year 
thereafter, one member each from wards one, eight and 
ten, and two members at large, each person to be so 
Vacancies, etc. elected for tliG term of tliree years. The qualified voters 
of the city shall at any such election fill for the unexpired 
term all vacancies then existing in the offices of assessor 
and school committee. Nothinj; however in this act shall 
affect the tenure of office of any person elected to the 
office of school committee during the years nineteen hun- 
dred and nineteen hundred and one, but every such i)er- 
son and his respective successor or successors shall hold 
such office during the remainder of such unexpired term. 



ABBeBBors and 
memberB of 
Bchool com- 
mittee, election, 
term, etc. 



Acts, 1902. — Chaps. 358, 359. 277 

Section 2. Section fourteen of said cliapter tliree i89i,364, §i4, 
hundred and sixty-four is liereby amended by inserting ^""^"^ 
after the Av^ord " appointments", in the twelfth line, the 
words : — and removals, — so as to read as follows : — 
Section 14. All the powers now vested by law in the certain powers 
city of Cambridge, or in the inhabitants thereof as a louncii^tc/ 
municipal corporation, except as herein otherwise pro- 
vided, shall be vested in the city council and shall be 
exercised by a concurrent vote, each branch having a 
negative on the other. A majority of each branch shall 
constitute a quorum for the transaction of business. No 
member of either branch shall receive any compensation 
for his services. All sittings of the city council, or of ^%e"p°ub"i°*'^ 
either branch thereof, except for the consideration of 
candidates for election and except the sittings of the 
board of aldermen for consideration of appointments 
and removals by the mayor, shall be public. But all 
votes on elections and on confirmations shall be taken in 
public. 

Section 3. This act shall take effect, either in whole when to take 

. effect. 

or in part, upon acceptance by concurrent vote of the city 
council of the city of Cambridge either of the whole act 
or of either of the first two sections, provided the same 
shall be accepted within sixty days from the date of the 
passage of the act and provided also that the act shall 
take efi'ect only so far as thus accepted. 

Approved April 29, 1902. 

An Act to establish the salary of the third assistant (JJian.^^'^ 

CLERK OF courts FOR THE COUNTY OF MIDDLESEX. 

Be it enacted., etc., as follotvs : 

Section 1. The salary of the third assistant clerk of L\'?7an/c?erk 
courts for the county of Middlesex shall be twenty-five MidXsei""^ 
hundred dollars a year, to be so allowed from the first fP^^l^^ ^^^^^' 
day of July in the year nineteen hundred and two. 

Section 2. This act shall take efi'ect upon its passage. 

Approved Ap)ril 29, 1902. 

An Act to establish the salary of the sheriff for the (7AaT>.359 

COUNTY OF FRANKLIN. 

Be it enacted, etc., as folloros : 

Section 1. The salary of the sherifi" for the county of fo^.'^FTanlto '"^ 
Franklin shall be one thousand dollars a year, to be so county eatab- 



278 . Acts, 1902.— Chaps. 360, 361. 

/ allowed from the first day of July in the year nineteen 
hundred and two. 

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

Approved April 29, 1902, 

GhciD 360 ^^ ^^"^ '"'^ ESTABLISH THE SALARIES OF THE JUSTICE AND CLERK 
OF THE SECOND DISTRICT COURT OF TLYMOUTH. 

Be it enacted, etc., as foUoivs : 
Salary of justice SECTION 1. The Salary of the justice of the second 

of eeeoud dis- J •' ^ 

trict court of district court of Plymouth shall be fifteen hundred dol- 
liBhed. lars a year, to be so allowed from the first day of July in 

the year nineteen hundred and two. 

Salary of clerk SeCTION 2. The Salary of tllC clei'k of the SCCOud dis- 

trict court of trict court of Plymouth shall be eight hundred dollars a 
ii8h^d°" ^''^'' year, to be so allowed from the first day of July in the 
year nineteen hundred and two. 

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

Ap2>roved April 29, 1902. 

Glian 361 ^^ "^^^ ^*^^ authorize cities and toavns to purchase water 

FOR temporary PURPOSES. 

He it enacted, etc., as follotos : 

R. L. 25, § 35, Section 1 . Section thirty-five of chapter twenty-five 
of the Revised Laws is hereby amended by inserting after 
the word "supply", in the fifth line, the words: — or 
may purchase water from any city, town, or water com- 
pany, — and by inserting after the word " taking ", where 
said word occurs in the seventh, tenth and fourteenth 
lines, the words: — or purchase, — so as to read as fol- 

citiesand lows : — Seclioii 35. The city council of a city or the 

towns may take - .... i •' i i 

water for tern- Selectmen or water commissioners oi a town which has a 
posesfe^tc.'^ systcm of watcr supply may, in cases of emergency, take 
water from any brook, stream, river, lake, pond or reser- 
voir which is not already appropriated to uses of a munic- 
ipal water supply, or may purchase water from any city, 
town, or water company, for a period of not more than 
six months in any one year, in such quantities as ma}'^ be 
necessary to relieve the emergency ; but no such taking 
or purchase shall be made until after the state board of 
health has approved the water as a proper source of water 
supply, and selectmen or water commissioners of towns 
shall not make such taking or purchase unless they have 



Acts, 1902. — Chaps. 362, 363. 279 

first been so authorized by a vote of the inhabitants at a 
town meeting. They may also take rights to use any 
land for such time as it may be necessary to use such 
water. The vote of a city council or of the inhabitants 
of a town to make or authorize such taking or purchase 
shall be conclusive evidence of the existence of the 
emergency. 

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

Approved April 29, 1902. 



Cha2).362 



reservations. 



An Ar:T in addition to an act making an appropriation 

KOK THE CARE OK RESERVATIONS UNDER THE CONTROL OF THE 
METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as foUoivs : 

Section 1. A sum not exceeding three thousand one care of certain 
hundred and eighty-eight dollars is hereby appropriated, 
to be ]jaid out of the treasury of the Commonwealth from 
the ordinary revenue, for the care of reservations under the 
control of the metropolitan park commission during the 
year ending on the thu'ty-first day of December, nine- 
teen hundred and two, 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. 

Apptroved Aj^ril 30, 1902. 



CJiaj^.'^Q'^ 



An Act to provide for certain payments by the county of 

ESSEX to the law LIBRARY AT LAAVRENCE. 

Be it enacted, etc. , as folloios : 

Section 1. The treasurer of the county of Essex shall county of Essex 
pay over annually to the Lawrence Bar Association all payments for 
naturalization fees collected in the Lawrence police court, ™c!,"the"iaw 
and also, for three years, beginning with the first day of ie^^ef *'' ^'''^' 
January in the year nineteen hundred and three, he shall 
pay to the said association the sum of one thousand dol- 
lars annually. These sums shall be used for maintaining 
and enlarging the law library at Lawrence, and shall be 
in addition to any sums already appropriated for this 
purpose. 

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

Approved April 80, 1902. 



280 Acts, 1902. — Chaps. SOi, 365. 



Gh(lV.S()4: -^^ ■^'^'^ KKLATIVK TO THK CLERICAL FORCE IN THE OFFICE OF THE 

SECRETARY OF THE COMMONWEALTH. 

Be it enacted, etc., <(s foU(jivs : 

wnended Section 1 . Cluiptci' fivc of tliG Rcvised Laws is hereby 

amended by .striking- out section two and inserting in place 

iu^'the offlc^of thereof the following : — Section 2. He may employ in 

comm''o'Iw'*ialth ^^^^ otEce a first clerk at a salary of twenty-five hundred 
dollars a year, a second clerk at a salary of twenty-two 
hundred dollars a year, a chief of the archives division at 
a salary of two thousand dollars a year, and such addi- 
tional clerks, messengers and other assistants as may be 
necessarj^ for the prompt despatch of public business ; but 
no such additional clerks, messengers or assistants shall 
receive compensation at a rate exceeding twelve hundred 
dollars a year, except the present corporation clerk, who 
may receive a salary of sixteen hundred dollars a year, 
and the present engrossing clerk, who may receive a 
salary of fourteen hundred dollars a year. The secretary 
may also employ a cashier, for whose conduct he shall be 
responsible, and from whom he may require a bond. 

juirM902."' Section 2. This act shall take effect on the first day 
of July in the year nineteen hundred and two. 

Apxiroved Aj)ril 30, 1902. 

Chap,3Q5 -^^ ^CT relative to the expense of REBUILDING THE I'.RIDGE 
OVER THE MERRIMAC RIVER BETWEEN THE CITY OF NEWBURY- 
PORT AND THE TOWN OF SALISBURY. 

Be it enacted, etc., as follows : 

etr'a^m^ende'd SECTION 1 . Scction two of chaptcr four hundred and 

eighty-three of the acts of the year eighteen hundred and 
ninety-six, as amended by section one of chapter five 
hundred and seventeen of the acts of the year nineteen 
hundred and one, is hereby further amended by striking- 
out the words " twenty-seven and one half", in the thirty- 
seventh line, and inserting in place thereof the word : — 
twenty-five, — and by striking out the words "two hun- 
dred ", in the forty-sixth line, and inserting in place 
thereof the words : — three hundred and twenty-five, — 
Payment of SO as to read as follows : — Section 2. The expense in- 
bimdin|bridge currcd under this act shall be paid in the first instance 
rrvel- bltwee^ ft'oiH tlic treasury of the county of Essex. The Common- 
MTsaiiJbury. wcaltli shall pay into the treasury of the county of Essex 



Acts, 1902. — Chap. 365. 281 

towards the expense of rebuilding the bridge and the 
approaches thereto provided for in this act, the sum of 
twenty-five thousand dollars. The Haverhill and Ames- 
bury Street Railway Company shall pay into the treas- 
ury of said county as their proportion of the expense of 
such bridge and the approaches thereto a sum equal to 
ten per cent of said expense, but not exceeding however 
the sum of twenty thousand dollars : and provided, that Proviso, 
said Haverhill and Amesbury Street Railway Company 
shall pay into the treasury of said county the said amount, 
and shall enter into an agreement with the county com- 
missioners of said county to keep that part of the road- 
way upon said bridge between the tracks of the company 
and eighteen inches outside thereof in repair and safe for 
public travel, subject to such conditions as said commis- 
sioners shall impose, said company shall thereupon have Location 
and is hereby granted a location upon said bridge for the faTrTetfelt rau. 
construction and maintenance of its tracks, poles and ^^»y company, 
wires, and for the operation of its railway thereon, and 
the location herein granted shall not be revoked except 
by the county commissioners of the county of Essex, after 
public notice and a hearing, but no such revocation shall 
be valid until approved by the board of railroad commis- 
sioners. No location for the tracks, poles and wires of 
any other street railway company upon said bridge shall 
be granted except by said county commissioners after 
public notice and a hearing, and no such location so 
granted shall be valid until approved by the board of rail- 
road commissioners, nor shall any such location so granted 
before the first day of July, nineteen hundred and eight- 
een, be valid unless with the consent of the Haverhill and 
Amesbury Street Railway Company. Twenty-five per 
cent of the balance of said expense shall, after due notice 
and a hearing, be assessed by said commissioners upon 
the city of Newbury port and upon such towns as in their 
judgment derive a special benefit from said rebuilding 
and the approaches thereto, and in such proportion as 
said commissioners deem proper, and said city and towns 
shall pay the sum so assessed into the treasury of the 
county of Essex. The total expense incurred under the 
provisions of this act shall not exceed the sum of three 
hundred and twenty-five thousand dollars. 

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

Approved April 30, 1902, 



282 



Acts, 1902. — Chap. 366. 



Chap.SQQ ^^ ^^'^ '^^ EXTEND THE CORPORATE POWERS OF THE STOUGHTON" 
AND RANDOLPH STREET RAILWAY COMPANY. 



The Stoughton 
and Randolph 
Street Railway 
Company may 
use certain poles 
for maintaining 
its overhead 
wire system, 
etc. 



May generate, 
use and trans- 
mit electricity 
in certain cities 
and towns, etc. 



Be it enacted, etc., as foUoivs : 

Section 1. The Stoughton and Randolph Street Rail- 
way Company, upon obtaining the right so to do from 
the board of aldermen of a city or from the selectmen of 
a town, in the manner provided for the granting of loca- 
tions 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 
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 in any city or town any wires of such other per- 
sons and companies as are lawfully entitled to erect and 
maintain poles for tlKiir 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 com- 
pany or of said company's poles by them ; and any attach- 
ments to poles of other persons heretofore made by said 
company and by such other persons to poles of said com- 
pany with its consent are, subject to the terms of any 
agreement 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 toAvn 
wherein it is now or may hereafter be entitled to operate 
a street railway, and for that purpose ma}^ 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 waj^s in any city or 
town wherein it has been or may be authorized by the 
board of aldermen or selectmen to operate its railwaj'^, 
and upon and over any private land with the consent of^ 



Acts, 1902. — Chap. 367. 283 

the owners thereof, and may sell to or purchase from any 
other street railwa}^ company incorporated under the laws 
of this CV^mmonwealth electricity for all purposes afore- 
said ; but said company shall not generate, manufacture, 
use, transmit, purchase or sell electricity for light, heat 
or power, exce[)t for street railway purposes, unless at 
some future time the general law shall grant such author- 
ity to all street railways. 

Section 3. All locations and rio-hts heretofore o-ranted f 'ertain loca- 

. ~ _ o tioDS, etc., con- 

to the said Stoughton and Randolph Street Railway Com- firmed. 

pany, or to William Odlin, receiver of said Stoughton 
and Randolph Street Railway Company, by the Common- 
wealth of Massachusetts, the selectmen of the town of 
Stoughton and the town of Randolph, are hereby ratified 
and confirmed. 

Section 4. Said company may act as a common May act as a 
carrier of baggage and small parcels of merchandise : of m^^c'handis" 
provided, hoivever, that it shall not so act in any city or ''^°' . 

Provisos 

town until authorized so to do by the board of aldermen 
of the city or by the selectmen of the town ; nx\d. j}rovided, 
fiirtJier, 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 of the Revised Laws and 
of all other laws now or hereafter in force relating to 
common carriers. 

Section 5. This act shall take effect upon its passage. 

Ajjproved May i, 1902. 



ChapMl 



An Act to authorize the boston storac^e warehouse com- 
pany TO increase its capital stock. 

Be it enacted,, etc., as folloios : 

Section 1. The Boston Storage Warehouse Company The Boston 
is hereby authorized to increase its capital stock to an hou?e^colii'p:uiy 
amount not exceeding two million dollars ; and for that iTcapuXtock, 
purpose is hereby authorized to issue shares of capital ®*°- 
stock of the par value of one hundred dollars each : 
provided^ however, that the total amount of capital stock rroviBo. 
actualh^ issued and outstanding after any new issue shall 
not exceed the fair value of its real and personal property 
determined and ascertained by the commissioner of cor- 
porations in the manner provided by section forty-four 
of chapter one hundred and ten of the Revised Laws for 



284 Acts, 1902. — Chaps. 368, 369. 



determining the fair valuation of real or personal property 
conveyed to a corporation in payment, in whole or in 
part, of its capital stock. 

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

Approtied May 1, 1902. 

Ch(Xp.3(jS ^'^ ^CT TO PROVIDE THAT OFFICERS IN ATTENDANCE AT THE MU- 
NICIPAL COURT OF THE CITY OF BOSTON FOK THE TRANSACTION 
OF CRIMINAL BUSINESS SHALL WEAR UNIFORMS. 

Be it enacted, etc, as folloios : 

officers to wear Section 1. Thc officei's in attendance at the munici- 
uniforms. pal court of the city of Boston for the transaction of 

criminal business shall, while on duty in said court, wear 
uniforms to be designated by the justices of said court, 
and for such uniforms shall be allowed and paid by the 
county of Suffolk the sum of one hundred dollars each 
annually in addition to their salaries as such officers. 
Section 2. This act shall take effect upon its passage. 

Apjiroved May 1, 1902. 

ChcLT).^^^ An Act to extend the time for acceptance by the toavn of 

HOLDEN OF AN ACT PROVIDING FOR SUPPLYING THE TOWN WITH 
WATER. 

Be it enacted, etc., as folloivs : 

amended Section 1. Chapter One hundred and eighty of the 

acts of the year eighteen hundred and ninety-six is 
hereby amended by striking out section ten and inserting 

When to take j^ pjace thcrcof the following: — Section 10. This act 
shall take effect upon its acceptance by a two thirds vote 
of the voters of said town present and voting thereon at a 
legal town meeting held for the purpose prior to the tenth 
day of April in the year nineteen hundred and five ; but 
the number of meetings so called in any one year shall 
not exceed four. 

Repeal. SECTION 2. Chapter one hundred and thirty-nine of 

the acts of the year nineteen hundred and two is hereby 
repealed. 

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

Approved May 1, 1902. 



Acts, 1902. — Chaps. 370, 371. 285 



An Act relative to the issue of stock and bonds by street Cjlinyy 370 

RAILWAY companies. 

Tie it enacted, etc., as folloios : 

Section 1. A street railway corporation, for the street railway 
purpose of building a branch or extension, or of acquir- manncreTse 
ing land for pleasure resorts, or of building power houses et?.''for certain 
or car houses or park buildings, or of acquiring or equip- purposes. 
ping additional rolling stock, or of changing its motive 
power, or of abolishing grade crossings, or of paying 
betterment assessments for widening or otherwise altering 
streets, or of complying with any requirements lawfully 
imposed under delegated legislative authorit}^ or of mak- 
ing permanent investments or improvements, or of acquir- 
ing any additional real or personal property necessary or 
convenient for its corporate objects, or of refunding its 
funded del)t, or for the payment of money borrowed for 
any of the foregoing purposes, or for other similarly 
necessary and lawful purposes, may from time to time in 
accordance with the provisions of sections twenty-four, 
twenty-five, thirty and thirty-one of chapter one hundred 
and nine and of sections sixty-three to seventy and of 
section seventy-four of chapter one hundred and eleven 
of the Revised Laws, increase its capital stock or issue 
bonds to such an amount, beyond the amounts fixed and 
limited by its agreement of association or its charter, or 
by any special law, as the board of railroad commissioners 
shall determine will realize the amount which has been 
properly expended or will be reasonably required by the 
corporation, and shall approve for such of the purposes 
aforesaid as are set out in its petition to said board for its 
approval of such increase or issue of stock or bonds. 

Section 2. Sections twenty, twenty-one, twenty-tliree RepeaL 
and the last sentence of section seventy-six of chapter 
one hundred and twelve of the Revised Laws are hereby 
repealed. 

Section 3. This act shall take eft'ect upon its passage. 

Approved May 2, 1902. 

An Act relative to the administration of french spoliation Hh^r.^ U71 

AAVARDS. ^' 

Be it enacted, etc., as follows : 

Section 1. The probate court shall have exclusive Administration 
original jurisdiction of all matters relating to the admin- gpoliTt^ons. 



286 



Acts, 1902. — Chap. 372. 



Bond of admin- 
istrator to con- 
tain certain con- 
dition. 



Approval of 
bonds. 



Validity of cer- 
tain bonds not 
impaired, etc. 



istration of moneys appropriated by the congress of the 
United States on account of French spoliations. 

Section 2. Every bond hereafter given by any ad- 
ministrator eno;ao:ed in the administration of French 
spoliation awards shall contain a condition substantially 
as follows : — To administer according to law and the 
orders of the probate court all French spoliation awards 
which shall come to his possession as such adminis- 
trator. 

Section 3. Such bonds, when satisfactory to the 
judge or register, shall be approved in the following 
form : ' ' Approved as adequate security for the legal 
disbursement of a French spoliation award of 
dollars ", stating the amount appearing then to be receiv- 
able by the administrator from the United States treasury 
on account of such award or awards. 

Section 4. Nothing herein contained shall be con- 
strued to impair the validity of any bond already given, 
or to affect the rules of administration and distribution 
of French spoliation awards heretofore established in this 
Commonwealth. 

Section 5. This act shall take effect upon its passage. 

Approved 3Iay 2, 1902. 



Chap.372i ^^ ^ct relative to wires and electrical appliances in the 

CITY OF WORCESTER, 



Certain wires 
and electrical 
appliances in 
VVorcester may 
be removed or 
placed under- 
ground, etc. 



Be it enacted, etc., as follows : 

Section 1. The city council of the city of Worcester 
may by ordinance designate some officer or officers of the 
city who shall have exclusive authority to cause to be 
removed from the streets of the city, Avithin the district 
hereinafter prescribed, all telegraph, telephone, and elec- 
tric light, motor and poAver wires, cables and conductors, 
in or above said streets, and all poles and structures in 
said streets used for the su})port of the same, except 
such structures, poles, Avires, cables and conductors as 
are hereinafter excei)ted. It shall be the duty of such 
officer or officers, and he or they shall have the authority, 
to grant all necessary ])ermissions for such Avires, cables 
and conductors to be placed, maintained and operated in 
underground conduits, subject to the lawful ordinances of 
said city ; and it shall be the duty of the superintendent 
of streets or other officer having charge of the highways 



Acts, 1902. — CuAr. 372. 287 

in said city, and he shall have authority, to issue all per- 
mits for opening and occupying the streets in said city 
which may be necessary to carr}^ out the intent of this 
provision, upon the application of the officer or officers 
first above mentioned or of any person or corporation 
interested 

Section 2. The provisions of this act shall apply to To apply to 
that district in the city of Worcester which is bounded I'n worceeterf 
by a circumference whose centre is the point formed by ®*'^" 
the intersection of the south line of Front street and the 
east line of jNIain street, and whose radius is two miles 
in length from said centre. And said officer or officers, 
within thirty days after appointment, and in each Janu- 
ary thereafter until the work in the said district is com- 
pleted, shall prescribe, giving public notice thereof in at 
least two daily newspapers in said city, by advertising 
therein twice a week for two weeks in succession, a part 
of said district, consisting of not less than two nor more 
than three miles of streets, within which part all of said 
wires, cables and conductors, except such as are here- 
inafter excepted, shall, during that calendar year, be re- 
moved or placed underground ; and said officer or officers 
shall cause the owners or users of such wires, cables and 
conductors, to remove them or to put them underground, 
and also to remove any poles or structures used in the 
streets to support such Avires, cables or conductors, ex- 
cept when, in the judgment of said officer or officers, it is 
impracticable or inexpedient to remove such wires, cables, 
poles, conductors or structures ; it being the purpose and 
intent of this act ultimately to cause the removal from 
public streets, avenues and highways within said district 
of all of said wires, cables and conductors, except such as 
are hereinafter excepted. 

Section 3. After a part of said district has been pre- certain struc- 
scribed as aforesaid no person, firm or corporation shall pUcedLpV 
place any poles or other structures for the support of any et"*'^'* distnct, 
wires, cables or conductors, except those herein specially 
excepted, in a,ny street thereof, except temporarily, with 
the consent of said officer or officers, in an emergency ; 
and if after the exi)iration 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 



288 



Acts, 1902. — Chap. 372. 



Permiseion may 
be granted for 
the removal of 
wireH. etc., in 
any street, etc. 



Not to apply to 
certain wires, 
poles, etc. 



Maps giving 
location, dimen- 
sions, etc., to 
be filed, etc. 



the city may collect from tlic oAvners or users, b}" an 
action at law, any expense involved in such removal. 

8e(-tion 4. The officer or officers who nmy be desig- 
nated by the city council of said city pursuant to section 
one of this act may at any time, upon application of any 
person, firm or corporation duly authorized by law to lay 
or to erect and maintain and maintainino- wires in the 
streets of said city, grant permission for the removal of 
any wires, cables, conductors, poles or structures in any 
of the streets of said city, Avhether within or without the 
district specified in section two hereof, and for the i)lac- 
ing of the same and any other necessary wires, cables 
and conductors or any extensions thereof underground as 
herein provided ; and it shall be the duty of the super- 
intendent of streets or other officer having charge of the 
highways in said city, and he shall have authority, after 
the granting of such permission, to issue all permits for 
opening and occupying the streets of said city which may 
be necessary to carry out the intent of this act, upon the 
ajiplication of said officer or officers or of any person or 
corporation interested 

Section 5 
telephone wires, or to posts for the support of lamps 
exclusively, or to poles used exclusively for local distri- 
bution from underground wires, cables or conductors, or 
to street railway wires, poles or conductors ; nor shall it 
revoke any rights already granted to any person, firm or 
corporation to place or maintain any conduits, pipes, 
wires, cables or conductors underground ; but any such 
conduits, pipes, Avires, 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 tele- 
phone Avire Avhich is not connected Avith some central 
telephone office in the city, and Avhich does not extend 
tAventy-five miles at least in a direct line from the central 
office. 

Section 6. When any person, firm or corporation 
o})erating or intending to operate Avires, cables, conduct- 
ors or conduit^s in said section of said city shall desire or 
be re(|uired to place the same underground in any street 
or higliAvay in said section, and shall have been duly 
authorized so to do, it shall be obligatory upon such 



This act shall not apply to long distance 



Acts, 1902. — Chap. 373. 289 

person, firm or corporation to file with the city engineer 
of said city a map or maps made to scale showing the 
streets or highways which are desired or required to be 
used for said purposes, and giving the location, dimen- 
sions and course of the underground conduit or conductor 
desired or required to be constructed, which map or maps 
shall be satisfactory to and approved in writing by said 
city engineer before any oi)ening shall be made in any 
such street or highway under such authority. 

Section 7. The mayor and aldermen of the city shall Board of appeal, 
constitute a board of appeal, to which petitions in writ- 
ing may be presented by any person, firm or corporation 
aggrieved by any act or decision of said officer or officers, 
done or made in pursuance of this act. Such petition 
shall set forth the specific grievance or grievances relied 
upon, and shall be filed with the mayor of the city within 
ten days after the act or decision complained of was done 
or made ; and said board after notice given as prescribed 
in section two of this act shall give a hearing thereon, 
and may either approve, annul or overrule such act or 
decision. 

Sectiox 8. The supreme judicial court or the superior Enforcement of 
court, or any justice thereof, shall on petition of said ^^ 
officer or officers, have jurisdiction in equity to enforce 
the provisions of this act or any order of said officer or 
officers issued thereunder, and to compel compliance 
therewith. 

Section 9. This act shall take eflect upon its passage. 

Approved May 6, 1902. 

An Act to approve the acquisition by the united states of n]inj) 373 
A tract of land in the town of nahant. 

Be it enacted^ etc., as follows : 

Section 1. The consent of the Commonwealth is The united 
hereby granted to the United States of America to ac- acquTreTertain 
quire, by purchase or by condemnation, a tract of land land in Nahuut. 
in the town of Nahant containing about forty-five acres, 
to be described in the plans provided for in section four 
of this act, which land is to be used for the purposes of 
national defence. 

Section 2. Jurisdiction over the area so acquired is jurisdiction 
hereby granted and ceded to the United States : jyrovided, stares. 
always, that the Commonwealth shall retain a concurrent Proviso. 



290 



Acts, 1902. — Chap. 374. 



Proviso. 



May occupy 
and fill certain 
flatB, etc. 



rians to be 
filed. 



jurisdiction Avith the United States in and over the area 
so acHjuired, so far that all civil and criminal processes 
issuing under the authority of the Commonwealth may 
be executed on said land and in any buildings thereon or 
which may be erected thereon, in the same manner as if 
jurisdiction had not been granted as aforesaid ; and 
provided, aim, that the exclusive jurisdiction shall revert 
to and revest in the Commonwealth whenever the said 
land shall cease to be used for the purposes of national 
defence. 

Section 3. The United States government is hereby 
authorized, upon such terms and conditions as shall be 
prescribed by the harbor and land commissioners, to 
occupy and fill such flats belonging to the Common- 
wealth, and to place such structures in or over the tide 
water adjacent to the area hereby authorized to be ac- 
quired, as may be necessary for the purposes for which 
said area is to be used. 

Section 4. This act shall be void unless a suitable 
plan or suitable 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 Conmion- 
wealth within six months after the date of the acquisition 
thereof. 

Section 5. This act shall take effect upon its passage. 

Ax>proved May 6, 1902. 



(JJiar).374. ^^ ■^^'^ RELAXrVE TO THE TAXATION OF VESSELS ENGAGED IN THE 

FOREIGN CARRYING TRADE. 

Be it enacted, etc., as foUoivs : 

be^aiTesBcd^" SECTION 1. The tax commissioncr shall assess an- 

upon interoBt of nuallv as of thc first day of May an excise tax upon the 

corporations in.'' '', .iiii n 

certaiu veseeiB, intcrcst of evci'y Corporation organized under the laws of 
this Commonwealth and having a place of business therein , 
in any ship or vessel which has, during the period of its 
business in the year preceding said first day of May, been 
engaged in the foreign carrying trade, which tax shall be 
one third of one per cent upon the value of such interest 
as it shall be determined by him. Such tax shall become 
due and shall be collected at the same time and in the 
same manner as otlier taxes assessed to such corporations. 
t^°nmke annual Section 2. Thc ijrcsidcut and treasurer of every such 
return to tax corporation owiiiiig an interest in any such ship or vessel 



Acts, 1902. — Chap. 375. 291 



commisBioner, 
etc. 



shall annually, within thirty days after the first clay of 
ISIay, make a return to the tax commissioner, under oath, 
setting forth in detail the name of the ship or vessel, the 
interest of the corporation therein, and the value of such 
interest. If the tax commissioner is satisfied of the truth 
of the return he shall deduct said value from the fair cash 
value of the shares of the corporation as estimated by him 
for the purpose of determining the true value of its 
corporate franchise under the provisions of chapter four- 
teen of the Revised Laws. 

Section 3. Persons or partnerships owning an in- Certain persons, 

ij. IT* 1 i*i.lP' etc., to make 

terest m any such ship or vessel engaged in tne loreign annual return 
carrying trade shall annuallv, within thirty days after the f^^^^^^^^^''^' 
first day of May, make a return under oath to the assess- 
ors of the city or town where such persons reside or 
where such partnerships are taxable under the provisions 
of section twenty-eight of chapter twelve of the Revised 
Laws, respectively, setting forth the name of the ship or 
vessel, their interest therein, and the value of such 
interest. If the assessors are satisfied of the truth of the 
return they shall assess an excise tax of one third of one 
per cent upon such interest ; and the person or partner- 
ship making such return shall be exempt from any tax 
upon said interest other than that assessed under the 
provisions of this act. 

Section 4. So much of the fourth clause of section Repeal, 
four of chapter twelve of the Revised Laws as relates to 
the tax on income of shii)s or vessels engaged in the 
foreign carrying trade, and all acts and parts of acts 
inconsistent herewith, are hereby repealed. 

Section 5. This act shall take eflcct upon its passage. 

xipproved May 6, 1902. 



EXEMP- -^ 



An Act to kepeal sections seven, eight and nine of ciiap- 

TEK twelve of THE KEVISED LAWS KELATIVE TO THE EXEMP- 
TION FROM taxation OF VESSELS ENGAGED IN THE FOREIGN 
CARRYING TRADE, 

Be it enacted, etc., asfoUoivs: 

Sections seven, eight and nine of chapter twelve of the r. L.12, §§7, e, 
Revised Laws, relative to the exemption from taxation ^.repealed. 
of vessels engaged in the foreign carrying trade, are 
hereby repealed. Approved May 6, 1902. 



292 



Acts, 1902. — Chaps. 37G, 377. 



Chap.376 



AssesBorB of 
Newton, 
appointment, 
term, etc. 



Vacancy. 



When to take 
effect. 



An Act kelative to the boakd of assessors of the city of 

NEWTON. 

Be it enacted, etc., as folio ivs : 

Section 1. The terms of office of the present assess- 
ors and assistant assessors of the city of Newton shall 
end on the first day of February in the year nineteen 
hundred and three. Thereafter the board of assessors 
shall consist of such number of persons, and their term 
of office shall be of such length not exceeding three years, 
as the board of aldermen of the city shall from time to 
time determine by ordinance. On or before the first day 
of February the mayor shall designate one such assessor 
to act as chairman of the board during his term of office, 
subject to confirmation by the board of aldermen. The 
assessors shall hold office until their successors are ap- 
pointed and qualified. A vacancy in the office of assessor 
or in the office of chairman shall be filled in the manner 
of the original appointment, but only for the unexpired 
term. 

Section 2. This act shall take eflect when accepted 
by the board of aldermen of the city of Newton. 

Approved May 6, 1902. 



C7iap.377 



Part of B street 
discontinued as 
a public way 
and part of 
street laid out 
as a highway, 
etc. 



An Act relative to u street and c street and to the sale 
of land in south boston. 

Be it enacted, etc., as folloivs: 

Section 1. All that part of B street in the city of 
Boston lying between the southerl}^ line of Fargo street 
and the northerly line of Cypher street is hereby discon- 
tinued as a public way, and that part of C street in said 
city lying between the northerly line of Cypher street 
and the southerly line of Fargo street is hereby laid out 
eighty feet in width as a highway, subject to the provi- 
sions of the following section. The exact location of the 
part of B street discontinued and of C street laid out is 
shown on the plan on file in the office of the harbor and 
land commissioners marked "Plan of a Portion of the 
Commonwealth's Flats at South Boston Showing the 
Portion of B Street to be discontinued and the Portion 
of C street to be laid out as a lligliwa}^ Feb. 1902, Scale 
1 in. = 200 ft. Frank \{ . llodirdon. Engineer. Wood- 



Acts, 1902. — Chap. 377. 293 

ward Emery, Chas. C. Doteii, Geo, E, Smith, Harbor 
and Land Commissioners." 

Section 2. The board of harbor and land commis- Laying, etc., of 

p .•,,•■! 1 , ■ 1 railroad tracks 

sioners may irom tmie to time lay and operate, or author- may be author- 
ize laying and operating, railroad tracks at grade in such locatloneyetc? 
locations and upon such conditions as said board may 
prescribe, through that part of C street hereinbefore laid 
out, through and across any public wa3'S, except Summer 
street, which are or may be laid out on the territory 
knoAvn as the Commonwealth's flats at South Boston, and 
elsewhere on the territory aforesaid so long as owned by 
the C^ommonwealth : jjwvided^ Jioicever, that the manner Proviso. 
of laying and operating such tracks and the traffic and 
travel upon and the several uses of said ways shall be 
subject to such regulations as the board of railroad com- 
missioners may from time to time prescribe. 

Section 3. Any person whose property is injured by Damages, 
the discontinuance of B street or the laying out of C 
street as aforesaid shall have the same right to recover 
damages therefor as for damages to property caused by 
the discontinuance or laying out of highways in the city 
of Boston, and such damages shall be paid by the Com- 
monwealth as may be agreed upon by said person and 
the board of harbor and laud commissioners, with the 
approval of the governor and council ; or, if the parties 
cannot agree, the damages shall be determined by a jury 
of the superior court for the county of Sufiblk upon peti- 
tion therefor filed in the clerk's office of said court within 
one year after the passage of this act. 

Section 4. The Old Colony Railroad Company may TheoidCoiony 

1 L ^ ' ty j^i'^'j? '11 " Railroad Com- 

purchase or take in lee or otherwise, tor railroad purposes, pany may take 
all or any part of the following described parcels of land 
in that part of Boston called South Boston, to wit : — All 
Avithin that part of B street hereby discontinued, a tri- 
angular parcel on the easterly side of B street and at the 
end of Anchor street, bounded one hundred and fifty-five 
feet southerly on B street from the intersection of the 
northerly side line of Anchor street and B street, seventy- 
five feet on the northerly side line of Anchor street and 
southerly by a line one hundred and seventy-two feet, 
containins: about five thousand eight hundred and twelve 
square feet ; also a parcel situated on B street and West 
First street, measuring four hundred feet on the north- 
westerly side of B street from West First street, and of 



certain land, 
etc. 



294 Acts, 1902. — CiiAr. 378. 



an even depth of one hundred feet from said B street, 
being a parcel of land lying between B street and West 
First street and the land of the New En<::land Railroad 
Company, and containing about forty thousand square 
feet. 
huhetekingof Section 5. To take land as hereby authorized the 
^°^- railroad company shall file a location of the land author- 

ized to be taken, or of so much thereof as it may at any 
time deem it necessary to take, in the registry of deeds for 
the county of Suffolk, which filing shall be a taking of 
the land described in such location, and an}^ person suffer- 
ing damages by such taking of land may recover the 
same from the railroad company. The laws of the Com- 
monwealth relating to the taking of land for railroad 
jiurposes and to the location and construction of rail- 
roads and to the assessment of damai^es occasioned 
thereby, including the requirement by the court of ade- 
quate security for the payment of damages, shall be appli- 
cable to and -govern the proceedings in the taking of land 
hereby authorized to be taken, except that the locations 
shall be filed in the registry of deeds as herein provided ; 
and in case the parties, including mortgagees, do not 
agree upon the damages, upon the petition of any such 
party filed within one year after the taking of the land 
in the clerk's office of the superior court for Suflblk county 
the damages shall be assessed by a jury in that court. 
Rttfiroad cora"^ SECTION 6 . The Old Colony Railroad Company may 
adduimm^ Btoik ^^y vote of its dircctors issue preferred or common stock 
or bonds. ^Q |3(3 g(^](| ^^ auctiou as provided by law, or bonds, to 

the amount of the purchase price of any land by it pur- 
chased of the Commonwealth and to the amount of the 
price or damages paid by it for land hereby authorized 
to be taken, in addition to the stock or bonds it is now 
authorized to issue. 

Section 7. This act shall take effect upon its passage. 

Approved May 6, 1902. 

ChapJ37S "'^^ ^^'^ KELATIVE TO THE SALARIES OF THE JUSTICE AND CLERK 
OF THE SECOND DISTRICT COURT OF EASTERN WORCESTER. 

Be it enacted, etc. , as folloros : 

^^ulel'^^'^' Section 1. Section sixty-seven of chapter one hun- 
dred and sixty of the Revised Laws is hereby amended 
by inserting in place of the word "three", in the one 
hundred and twentieth line, the word : — eight, — so that 



Acts, 1902. — Chaps. 379, 380. 295 

the clause of said section which relates to the second dis- 
trict court of eastern Worcester shall read as follows : — 

Second of eastern Worcester, the justice, twelve hun- salaries of jus. 
dred dollars; the clerk, six hundred dollars. Until the of second dL- 
first day of January in the year nineteen hundred and eaetern"'^ ° 
eight, in addition to his salary the justice shall receive Worcester. 
annually three hundred dollars and the clerk, four hun- 
dred dollars. 

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

Ajyproved May 6, 1902. 

An Act to ascertain, locate and define the boundary line (Jl^rfj^ ^7Q 

BETWEEN THE CITY OF GLOUCESTER AND THE TOWN OF MAN- 
CHESTER. 

Be it enacted^ etc., as follotos : 

Section 1. The supreme judicial court shall, upon commissioners 
the petition of either the city of Gloucester or the town ° '** appo"> 
of Manchester to ascertain, locate and detino the boundary 
line between the said city and town, have jurisdiction 
thereof in equity, and shall, after such notice as the court 
may direct to the said city and town, appoint three com- 
missioners, no one of whom shall be a resident of said 
city or town. 

Section 2. The commissioners appointed as aforesaid bo^undaryiine' 
shall after such notice, not less than six months, as they J^f ^^^g^g^ and 
may deem sufficient, and after hearing the parties and Manchester. 
their evidence, ascertain, locate and define the true 
boundary line between the city of Gloucester and the 
town of Manchester. Said commissioners shall return 
their doino-s and findino:s, too;ether with such rulino-s of 
law and evidence as either party may request, to the 
supreme judicial court. The decision of said commission- 
ers when accepted and confirmed by the said court shall 
conclusively establish said boundary line. 

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

Approved May 6, 1902. 

An Act to authorize the toavn of hull to appropriate QlfQr^ QgQ 

MONEY for watering ITS PUBLIC STREETS. "* 

Be it enacted, etc., as foUo^vs : 

Section 1. The town of Hull may appropriate money May provide 
annually for watering its public streets. pubUc^sTree^s. 

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

Approved May 6, 1902. 



296 Acts, 1902. — Chaps. 381, 382. 



Chap.SSl -^ -^CT MAKING AN APPROPRIATION FOR THE PAYMENT OF CER- 
TAIN CLAIMS ARISING FROM THE DEATH OF FIREMEN IN DIS- 
CHARGE OF THEIR DUTIES. 

Be it enacted^ etc., as follows : 
Payment of SECTION 1 . The suiii of teii thousaiid dollars is hereby 

certain claims , J 

arisingfrom the api^ropriated, to be paid out of the treasury of the Com- 
in discharge of moiiwealtli, as authorizcd by section seventy-seven of 
chapter thirty-two of the Revised Laws, for the payment 
of such claims as may arise in consequence of deaths of 
firemen belonging to regularly organized fire departments 
of a city or town, or of members in active service of any 
incorporated protective department, or of a person doing 
duty at the request or by order of the authorities of a 
town which has no organized fire department, who are 
killed or who die from injuries received while in the 
discharge of their duties at fires, during the year ending 
on the thirty-first day of December, nineteen hundred 
and two. 

Section 2, This act shall take efl^ect upon its passage. 

Ap2-)roved May 6, 1902. 

GJlClD.SS^l ^^ -^^^ MAKING APPROPRIATIONS FOR ENFORCING THE LAAV TO 
REGULATE THE PRACTICE OF PHARMACY. 

Be it enacted, etc., as folloios : 

Appropriatione. Section 1. The suiiis hereinafter mentioned are ap- 
propriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for enforcing the 
law to regulate the practice of pharmacy, to wit : — 

CompiaintB Yov Carrying out the law relative to com])laints against 

against regie- . i i • i • i 

teiedphar- rcgistcrcd pharuiacists, a sum not exceeding two thou- 

macistB. iin 

sand dollars. 
Satkfn'in'^^^'*" ^°^ scrviccs and expenses of the board of registration 
pharmacy j,^ iihamiacy, for salary and expenses of an ao;ent, for a 

expenses, etc. ^ i if • • i • • n 

stenographer, and for postage, printing and incidental 
expenses, a sum not exceeding two thousand dollars. 
Section 2, This act shall take effect u})on its passage. 

Approved May 6, 1902. 



Acts, 1902. — Chaps. 383, 384, 385. 297 



An Act to provide for increasing the number of associate QJinrQ QQQ 

JUSTICES of the superior COURT. "' 

-Be it enacted, etc. , as folloivs : 

Section 1 . The number of associate justices of the Number of 
superior court shall be twenty instead of seventeen as «ceTof superior 

now provided by law. court increased. 

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

A2iproved May 6, 1902. 



C7iap.^S4: 



An Act relative to the time allowed for voting to the 
employees of certain establishments. 

Be it enacted, etc., as follows : 

Section 1. Section five of chapter eleven of thcR.L. n,§5, 
Revised Laws is hereby amended by striking out the *'"*'"''®^- 
words "a state", in the first line, and inserting in place 
thereof the word : — an, — and by striking out the words 
" if he shall make application for leave of absence during 
such period ", in the sixth and seventh lines, so as to 
read as follows : — Section 5. No person entitled to vote Time to be 
at an election shall, upon the day of any such election, vo°ingof°'^ 
be employed in any manufacturing, mechanical or mer- employees. 
cantile establishment, except such as may lawfully con- 
duct its business on Sunday, during the period of two 
hours after the opening of the polls in the voting precinct 
or town in which he is entitled to vote. 

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

Approved May 8, 1902. 



C7iap.385 



An Act to revive and extend the charter of the barn- 
stable COUNTY street RAILWAY COMPANY. 

Be it enacted, etc., as folloivs : 

Section 1. So much of chapter four hundred and charter of the 

. /.I •! 1T1T Barnstable 

Sixty -eight oi the acts oi the year eigliteen hundred and county street 
ninety-six as became void on the first day of October in psTn/revive™, 
the year nineteen hundred, by force of the provisions of ^^^' 
chapter three hundred and one of the acts of the year 
nineteen hundred, is hereby re-enacted and revived ; but 
the provisions of this act shall become void so far as 
relates to the rights of the Barnstable County Street Rail- 
way Company if the said company shall not have con- 



298 Acts, 1902. — Chaps. 386, 387. 

structed and put in operation at least five miles of its 
railway prior to the first day of October in the year nine- 
teen hundred and four. 

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

Approved May §, 1902. 

Chcip.^Si) ■^'^ Act relative to the board of sciioolhouse commissioners 

OF THE CITY OF BOSTON. 

Be it enacted, etc., as follows : 

Imendld Section 1. Chapter four hundred and seventy-three 

of the acts of the year nineteen hundred and one is hereby 
amended by striking out section four and inserting in 
City of Boston placc thcrcof tlic followiiig : — Section 4. To meet the 
"onVsforschooi cxpcnscs incurrcd in taking land for and in constructing 
purposes, etc. ^^^^ fumisliiug sucli normal and other new school build- 
ings as prior to the year nineteen hundred and two shall 
be determined by said board to be required at that date 
for the accommodation of school children, in addition to 
the school buildings contracted for by the school commit- 
tee, and in preparing yards for the same, the treasurer 
of the city shall from time to time, on the request of 
the mayor approved by a two thirds vote of all the 
members of each branch of the city council, taken by 
yeas and nays, issue and sell bonds of the city within the 
debt limit during the current year to the amount of one 
million dollars, and during each of the three years fol- 
lowing to an amount requested by said board and ap- 
proved by the mayor, but not exceeding one million five 
hundred thousand dollars in any one year. 

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

Approved May 12, 1902. 

CJl(lV.3S7 A^ ^^^ '^^ REGULATE THE TENURE OF OFFICE OF MEMBERS OF 
THE POLICE AND FIRE DEPARTMENTS OF THE CITY OF TAUNTON. 

Be it enacted, etc., as follows : 

of'mlmblrB^r Section 1. All mcmbcrs of the regular police force 
police and fire of tlic citv of TauutoH, appolutcd in accordance with the 

departments ..'^^, . n ^ 

of Taunton. provisiOHS of cliaptcr nineteen of the Revised Laws, and 
the chief and all permanent members of the fire depart- 
ment of said city shall hold office during good behavior 
and until removed by the appointing and confirming 
power of the city for cause deemed sufficient after due 
notice and hearing. 



Acts, 1902. — Chap. 388. 299 

Section 2. This act shall be submitted to the voters when to take 
of the city at the next annual city election, and shall take 
effect upon its acceptance by a majority of the voters 
voting thereon. Approved May 12, 1902. 

An Act to authorize the old colony street railway com- f^J^f/^^ ^S8 

PANY to lease to THE BOSTON ELEVATED RAILWAY COMPANT ^ 

OR TO THE WEST END STREET RAILWAY COMPANY ANY PART OF 
ITS RAILWAY AND PROPERTY LOCATED IN THE CITY OF BOSTON. 

Be it enacted, etc., as foUoivs : 

The Old Colony Street Railway Company, by votes Theoidcoiony 
of its board of directors and of a majority in interest of oomp^any'lTaT 
its stockholders present and voting at a meeting called ub raUwaj ! etc. 
for the purpose, may lease to the Boston Elevated Rail- 
way Company or to the West End Street Railway Com- 
pany the whole or any part of that part of its railway 
and property located within the city of Boston, with such 
of the rights and privileges connected therewith, and for 
such period and upon such terms, and to such extent, as 
the parties to such lease shall agree upon and as shall be 
approved by the board of railroad commissioners ; and 
either said Boston Elevated Railway Company or said 
West End Street Railway Company may accept such a 
lease by votes of its board of directors and of a majority 
in interest of its stockholders present and voting at a 
meeting called for the purpose. If such lease is made to 
said West End Street Railway Company said company 
may assign the same, and all its rights thereunder, for 
the whole or for a part of the term of the lease, to said 
Boston Elevated Railway Company ; and said Boston 
Elevated Railway Company, after such lease or assign- 
ment of lease to it, may use and ojierate the leased rail- 
way and property, rights and privileges as a part of the 
system of railway owned or o[)erated by it. Said Old 
Colony Street Railway Compau}^, if it makes such lease, 
may, to such extent and in such instances as the board 
of railroad commissioners shall approve, anything to the 
contrary notwithstandijig in the provisions of sections 
eighty-six and eighty-nine of chapter one hundred and 
twelve of the Revised Laws and in other provisions of 
laAV applicable thereto, readjust the fares and the distances 
covered by fares on other parts of its system established 
prior to or in connection with the purchase of or consoli- 
dation with other street railway companies. 

Approved May 12, 1902. 



300 



A.CTS, 1902. — Chaps. 389, 390. 



ChaV-^S^ ^^ "^^^ ^*^ PROVIDE FOR THE CARE OF NEGLECTED BURYING 

GROUNDS BY CITIES AND TOWNS. 

Be it enacted, etc., as follows : 

Section 1. It shall be lawful for any city or town 
having within its limits an abandoned or neglected bury- 
ing ground to take charge of the same and to keep it in 
good order, and, for this purpose, to appropriate money 
and raise it by taxation. 

Section 2. In carrying out the purposes of this act 
no property rights shall be violated and no body shall be 
disinterred. No fence, tomb, monument or other struc- 
ture shall be removed or destroyed, but the same maj'^ be 
repaired or restored. 

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

Aj}2^roved May 13, 1902. 



Cities and towns 
may caie for 
neglected bury- 
ing grounds. 



Property rights 
not to 1)6 
violated, etc. 



CAft7?.390 ^^ -^^^^ '^'^ INCORPORATE THE NEW ENGLAND RAILWAY ASSURANCE 

COMPANY. 



New England 
Railway Assur- 
ance Company 
incorporated. 



Not to do busi- 
ness nntil form 
of policy is 
approved, etc. 



Be it enacted, etc., as follows : 

Section 1. George L. Hemenway, Roger F. Upham, 
James E. Walker, Alexander S. Paton, Arthur J. Purin- 
ton, Frank E. Lowe, Alfred B. Williams and George D. 
Soule, their associates and successors, are hereby made a 
corporation by the name of the New England Railway 
Assurance Company, for the purpose of insuring street 
railway corporations, except such as are hereinafter ex- 
cluded, against loss arising from claims for damages on 
account of injury to persons or on account of the death 
of persons caused b}" such corporations ; • and for this 
purpose shall have all the powers and privileges and be 
subject to all the duties, restrictions and liabilities set 
forth in all general laws now or hereafter in force relating 
to mutual insurance companies, so far as the same shall 
be applicable. 

Section 2. Said corporation shall effect insurance 
only in the class of cases specified in section one of this 
act, and shall not do business until its by-laws and form 
of policy have, been submitted to and approved by the 
insurance commissioner, nor until at least four of the 
street railway corporations of this Commonwealth shall 
have applied for insurance therein. It shall insure no 



Acts, 1902. — CiiAPS. 391, 392. 301 

corporation whose gross earnings for tlie year ending on 
the thirtieth day of September next preceding the appli- 
cation for such insurance exceed the sum of five hundred 
thousand dollars. 

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

Approved May 13, 1902. 



Chap.Z91 



An Act to provide for the measurement of water supplied 
to cities and towns by the metropolitan water and 
sewerage board. 

Be it enacted^ etc., as foHotvs : 

Section 1. The metropolitan water and sewerage water supplied 
board is hereby authorized to construct and maintain such townsTn uie 
works and to provide such other means as it may deem metropolitan 

A . ./ water district to 

necessary for measuring the water supplied to each of the ^'^ measured, 
cities and towns in the metropolitan water district, and 
the expenses thereof shall be considered as a part of the 
expenditure required for the construction and mainte- 
nance, respectively, of the metropolitan water works. 

Section 2. The said board shall report to the next Report to be 
general court the quantity of water supplied to each of tity of water ' 
the said cities and towns, and shall also report whether cUy^andto'wX 
water is being used therein unnecessarily or improperly, **'^' 
and shall make recommendations as to the manner in 
which waste may be prevented and as to the manner in 
which the consumption of water may be considered in the 
apportionment among the cities and towns of the annual 
assessment required for the construction and maintenance 
of the metropolitan water works. 

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

Approved May 13, 1902. 



Cha2?.392 



An Act to authorize the towtst of natick to enlarge and 

IMPROVE ITS system OF WATER SUPPLY. 

Be it enacted, etc., as follows : 

Section 1. The town of Natick, acting by its water Townof mtick 
commissioners, may enlarge and improve its system of ™in waters^" 
water supply established under the provisions of chapter la^ds, etc. 
seventy-six of the acts of the year eighteen hundred and 
seventy-three and acts in amendment thereof and in addi- 
tion thereto, and may construct and maintain driven, 
artesian or other wells upon a parcel of land owned by 



302 



Acts, 1902. — Chap. 392. 



May construct 
and lay con- 
dnite, pipee, 
etc. 



Description of 
lands, etc., to 
be recorded. 



Damages. 



Natlck Water 
Loan, Act of 
190U. 



the town and bounded northerly by AVorcester street, 
easterly by the Saxonville l)ranch of the Boston and 
Albany railroad, and southerly and westerly by land of 
the city of Boston ; may take, hold and convey into and 
throuo^h said land, and thence through said town, from 
Lake Cochituate, at any convenient point upon the same, 
within said town and within one half mile of said parcel 
of land, sufficient water for the use of said town and 
its inhabitants for the extinguishment of fires and for 
domestic and other purposes ; may take, for the purposes 
aforesaid, by purchase or otherwise, and hold any lands, 
rights of way and casements necessary for laying, con- 
structing and maintaining pipes, aqueducts, Avater courses, 
reservoirs, and such other works as may be necessary for 
holding, conveying and distributing said water or for 
preserving the purity thereof; and may construct and lay 
conduits, pipes and other works, under and over any 
land, water courses, railroads, railways or public or 
private ways, in such manner as not unnecessarily to 
obstruct the same. 

Section 2. The town shall within sixty days after the 
taking of any lands, rights of way, water rights, water 
sources or easements as aforesaid, otherwise than by 
purchase, file and cause to be recorded in the registry of 
deeds for the county and district within which the same 
are situated, a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which 
the same were taken, signed by the water coimiiissiouers 
of said town. 

Section 3. The town shall pay all damages to prop- 
erty sustained by any person or corporation by the 
taking of any lands, rights of way, water, water sources, 
water rights or easements, or by any other thing done 
by authority of this act. Any person or corporation 
sustaining such damages and failing to agree with the 
town as to the amount of the same, may have the dam- 
ages assessed and determined in the manner provided by 
law in the case of land taken for the laying out of high- 
ways, on application at any time within a period of t^vo 
years after the taking of such land or other property or 
the doing of other injury under the authority of this act. 

Section 4. The town may, for the purpose of paying 
the necessary expenses and liabilities incurred under the 
provisions of this act, borrow money from time to time 



Acts, 1902. — Chap. 392. 303 

and issue therefor negotiable bonds, notes or scrip, to an 
amount not exceeding one hundred thousand dollars in 
addition to the amounts heretofore authorized by law to 
be issued by said town for water supply purposes. Such 
bonds, notes or scrip shall be signed by the treasurer and 
countersigned by the selectmen of the town, shall be 
denominated on the face thereof, Natick Water Loan, 
Act of 1902, shall be payable at the expiration of periods 
not exceeding thirty years from the date of issue, and 
shall bear such rate of interest not exceeding four per 
cent per annmn as the treasurer of the town shall deter- 
mine. 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 afore- 
said, upon such terms and conditions as the town treasurer 
may deem proper, or as may be prescriljed by the town. 
The sinking fund of any loan of the town may be in- 
vested in such bonds, notes or scrip. 

Section 5. The town shall provide at the time of sinking fund. 
contracting any loan under the authority herein granted 
for the establishment of a sinking fund, and shall annually 
contribute to such fund a sum suiBcient with the accu- 
mulations thereof to pay the principal of said loan at 
maturity. The sinking fund shall remain inviolate and 
pledged to the payment of said loan and shall be used for 
no other purpose. 

Section 6. If the income derived from water rates Town may 
shall be insufficient to pay the current annual expenses eunTby'taxaUon 
of operating its water works and the interest as it accrues *°°"""y- 
on all its water indebtedness, and to make such contribu- 
tions to the sinking fund as may be required by the pro- 
visions of this act, the town shall raise annually by taxation 
such further sum as may be necessary for said purposes. 

Section 7. Nothing in this act shall be construed to certain rights 
affect any existing right of said town to take water from affectld.'etc. 
Lake Cochituate, or to abridge any rights heretofore 
granted to the town in respect to its water supply ; and 
the powers specified in this act shall be held to be in addi- 
tion to all powers heretofore granted. 

Section 8. This act shall take effect upon its passage. 

Approved May 18, 1902. 



304 



Acts, 1902. — Chap. 393. 



OhciV'S^S -^^ ^^^ ^^ REVISE THE CHARTER OF TilE CITY OF FALL RIVER. 

Be it enacted, etc., as follows : 



City of Fall 
River. 



Nine wards. 



INCORPORATION. 

Section 1. The inhabitants of the city of Fall River 
shall continue to be a body politic and corporate, under 
the name of the City of Fall River, and as such shall 
have, exercise and enjoy all the rights, innnunities, 
powers and privileges, and shall be subject to all tlie 
duties and obligations, now appertaining to the said city 
as a municipal corporation. 

Section 2. The territory of said city shall be divided 
into nine wards, constituted as at present, until the wards 
are changed under the provisions of law. 



Municipal elec- 
tion and munici- 
pal year. 



Election of 
'mayor, alder- 
men, etc. 



Mayor, election, 
term, etc. 



Aldermen, 
election, terms, 
etc. 



elections : mayor and aldermen. 

Section 3. Tlie municipal election shall take place 
annually on the Tuesday next after the second Monday 
of December, and the municipal year shall begin on the 
first Monday of the following January. 

Section 4. At the municipal election the qualified 
voters shall give in their votes by ballot in the several 
Avards for maj^or, aldermen, and members of the school 
committee, or for such of them as are to be elected, and 
the person receiving the highest number of votes for any 
oiEce shall be declared elected to that office ; and w^hcn- 
ever two or more persons are to be elected to the same 
office, the several persons, up to and including the num- 
ber required to be chosen, receiving the highest number 
of votes shall be declared elected. 

Section 5. The mayor shall be elected by and from 
the qualified voters of the city, and shall hold office for 
the two munici[)al years succeeding his election and until 
his successor is elected and qualified, except that when 
elected to fill a vacancy he shall hold office for the unex- 
pired term and until his successor is elected and qualified. 

Section 6, The city council shall consist of a single 
body called the board of aldermen, composed of twenty- 
seven members, to be elected as follows : — At the annual 
city election next after the acceptance of this act there 
shall be elected by and from the voters of the city one 
alderman at large from each ward, those elected from the 



Acts, 1902. — Chap. 393. 305 

odd numbered Avards to serve for the tcnii of one year 
and those elected from the even numbered wards to serve 
for the term of two years. At the same election there 
shall be elected by and from the voters of each ward one 
alderman to serve for the term of one year and one alder- 
man to serve for the term of two years. At the succeed- 
ing annual city election one alderman at large from each 
of the odd numbered wards shall be elected by the voters 
of the city to serve for the term of two years ; and there 
shall be elected by and from the voters of each ward one 
alderman to serve for the term of two years. Thereafter 
the term of office of all aldermen shall be two years ; and 
at each annual city election there shall be elected alder- 
men to fill vacancies and to succeed those whose terms 
expire upon the second Monday of the following January. 

ADMINISTRATION . 

Section 7. The administration of all the fiscal, pru- Administiation 
dential and nmnicipal aflairs of said city, with the gov- affairs^'etcf* 
ernment thereof, except as herein otherwise provided, 
shall be vested in an executive department, which shall 
consist of one officer, the mayor, and in a legislative 
department, the board of aldermen. The executive de- 
partment shall never exercise any legislative power and 
the legislative department shall never exercise any execu- 
tive power. 

ORGANIZATION. 

Section 8. On the first Monday of January, at ten oath of office 
o'clock in the morning, the mayor elect and aldermen aWermeu.""'' 
elect shall meet and be sworn to the faitliful performance 
of their duties . At any time thereafter the oath may be 
administered to the mayor elect or to any alderman elect 
who was absent or was not then elected. After the mayor organization of 
elect and the aldermen elect, or a majority thereof, have nien, etc.'' 
been sworn the board of aldermen shall be called together 
by the mayor, and a president and vice president shall 
forthwith be elected from the board, in the order named. 
The mayor shall preside pending the election of a presi- 
dent, who, when elected, shall preside during the elec- 
tion of a vice president. No other business shall be 
transacted l)y the aldermen until the officers aforesaid 
have been elected. The city clerk shall be clerk of the 
board of aldermen. 



306 



Acts, 1902. — Chap. 393. 



President of 
board of alder- 
men, powerM 
and dutieB. 



Vacancy, etc. 



Section 9. The president of the board of aldermen 
shall preside at all meetings of the board and shall appoint 
all its committees. He shall also have the powers and 
duties named in section twenty-two in case of a vacancy 
in the office of mayor or of his absence. In case of a 
vacancy in the office of president the vice president shall 
become president. In case of the absence of the presi- 
dent the vice president shall perform his duties and 
shall have his powers, except the power to appoint stand- 
ing committees. In case both the president and vice 
president are absent a member of the board may be 
elected by vote of a majority of the board who are present, 
to serve as president pro tempore, with the powers and 
duties of the vice president as aforesaid. 



Board of alder- 
men to make 
rules for its 
proceedings, 
etc. 



May suspend 
certain officers, 
etc. 



Ordinances, 
etc., may be 
passed at one 
session unless 
objection is 
made, etc. 



Certain ordi- 
nances to 1)6 
presented to 
mayor for 
approval, etc. 



BOARD OF ALDERMEN. 

Section 10. The board of aldermen shall be the judge 
of the election and qualifications of its members, and 
shall make rules for its proceedings. A majority of the 
members of the board shall constitute a quorum for the 
transaction of business, but a less number may meet and 
adjourn from time to time. 

Section 11. Any officer elected by the board of 
aldermen may be suspended by vote of a ma.jority of the 
members of the board, voting by ballot. The suspension 
of any such officer shall in fifteen days after the suspen- 
sion be a removal, unless within that time the officer asks 
for a hearing before the board. Such hearing shall 
forthwith be granted, and if upon the conclusion thereof 
the board votes by a majority of its members to reinstate 
the officer he shall thereupon be reinstated. 

Section 12. Any ordinance, order or resolution of 
the board of aldermen may be passed through all its 
stages of legislation at one session if no member of the 
board objects thereto ; but if one or more members object 
the measure shall be postponed for that meeting ; and if 
when it is again brought up live or more members object 
to its passage at that meeting a second postponement of 
at least one week shall take place. 

Section 18. Every ordinance, order, resolution or 
vote of the board of aldermen, except those relating to 
matters of procedure or to the election of officers, shall 



Acts, 1902. — Chap. 393. 307 

be presented to the mayor by the clerk of said board 
within twenty-four hours after its passage, Sundays and 
legal holidays excepted. If the mayor apjjroves it lie 
shall sign it, and it shall then be operative ; if he disap- 
proves it he shall return it with his objections in writing 
to the board, which shall enter such objections at large 
upon the records of the board, and again consider it ; if 
upon a yea and nay vote two thirds of the members of 
the whole board vote for it, notwithstanding such objec- 
tions, it shall be in force. Such ordinance, order, resolu- 
tion or vote shall be in force if it is not returned by the 
mayor Avithin ten days after it has been presented to him. 

Section 14. No public franchise, nor any right in. No public fran- 
under or over any public street or way, shall bo granted gramed'exce°pt^ 
except by a majority vote of all the members of the board, y^te.'^*^°'^'*^ 
and every order granting any such franchise or right shall, 
before its final passage, lie on the table in the board of 
aldermen for at least one Aveek after its first introduction 
in that body. 

Section 15. The board of aldermen shall, except as Powers and 
otherwise provided herein, have and exercise : — of ard^emen**^*^ 

First. The powers of towns, the powers of boards of ®*''- 
aldermen, and of the mayor and aldermen and city coun- 
cils of cities under general law. 

Second. The powers now held by the city of Fall 
River, or by the city council, the aldermen, or the mayor 
and aldermen of Fall River by special laws. 

Third. The exclusive power to lay out, locate anew, 
alter, widen and discontinue town ways, streets and high- 
ways, and to order specific repairs or a change of grade 
therein, in the manner provided by law. Damages sus- 
tained by reason of the exercise of the power conferred 
by this clause shall be assessed and awarded by the board, 
and any person aggrieved by the assessment of his 
damages may have the remedies provided by law in 
respect to the laying out of town ways. 

Fourth. The power to make ordinances for all purposes 
for which towns and cities may make by-laws and ordi- 
nances under general laws, and to fix penalties for the 
violation thereof, not exceeding twenty dollars for each 
offence, to be recovered by criminal complaint. All such 
ordinances shall take eft'ect without other sanction or 
approval than is provided in this act. 



308 



Acts, 1902. — Chap. 393. 



Fifth. The compensation of the members of the board 

of aklermen shall be fixed by ordinance but shall not 

exceed two hundred dollars each in any one year. 

^anhithe^ Section 1(5. No meml)er or committee of the board 

* uWi^Yabor "^ of uldermen shall take part in the employment of public 

etc. ' labor, the expenditure of public money, the making of 

public contracts, the purchase of public materials or 

supplies, the construction, alteration or repair of any 

public Avorks or other property, or in the care, custody 

or management of the same, or in general in the conduct 

of the executive or administrative business of the city. 

Section 17. No member of the board of aldermen 
shall, during the term for which he is elected, hold any 
other ofHce or position the salary or compensation for 
which is payable from the city treasury. 

Section 18. Any vacancy occurring in the board of 
aldermen shall be filled by the existing board for the 
remainder of the municipal year in which such vacancy 
occurs, by the selection of an alderman from the ward in 
which his predecessor resided at the time of his election. 



Not to hold cer 
tain other 
offices. 



Vaeaucy. 



Executive 
powers vested 
in mayor, 
except, etc. 



Salary of 
mayor. 



May euBpend 
certain otlicers, 
work, etc. 



MAYOR. 

Section 19. Except as herein otherwise provided 
the executive powers of the city shall be vested solely in 
the mayor, and shall be exercised by him tlirough the 
several officers or boards of the city in their departments, 
under his general supervision and control. In case of a 
vacancy in any office to which appointment is made by 
the mayor he may personally perform the duties thereof 
during such vacancy. The mayor shall cause the laws, 
ordinances and orders for the government of the city to 
be enforced, and shall cause a record of all his official 
acts to be kept. The salary of the mayor shall be fixed 
by ordinance and shall not be changed during his term 
of office. 

Section 20. The mayor may in writing suspend any 
executive or other officer whose removal is not otherwise 
provided for, except members of the board of police and 
members of the school committee, and may suspend any 
work, and he shall within fortj^-eight hours report in 
writing his action and his reasons therefor to the board 
of aldermen through the city clerk. The suspension of 
any such officer shall, in fifteen days after said report is 



Acts, 1902. — Ciiap. 393. 309 

made, be a removal, unless within that time such officer 
asks for a hearing before the board, which shall forthwith 
be granted, and unless upon the conclusion of such 
hearing the board votes by a majority of its members 
that the mayor's suspension be not sustained, in which 
case tlie officer shall at once be reinstated. Work sus- 
pended by the mayor may be carried on by him at his 
discretion until action is taken by the board. If the 
board shall within fifteen days after receiving the report 
vote that the mayor's action suspending the work be not 
sustained the work shall be prosecuted forthwith. 

Section 21. The mayor shall communicate to the May can special 
board of aldermen such information and shall recommend boTrTo/aWer- 
sucli measures as in his judgment the interests of the city "^°>'^*'=- 
require. He may at any time call a special meeting of 
the board of aldermen by causing a written notice of such 
meeting, specifying tlie subjects which he desires to 
have considered, to be left at the usual place of residence 
of each alderman, or given to him in hand, at least 
twenty-four hours before the time appointed for the 
meeting ; and no other business shall be transacted at 
such special meeting. On petition of any ten members 
of the board of aldermen the mayor sliall call a special 
meeting of that board to act upon any matters set forth 
in the petition. Notice of any such special meeting 
shall be given as above provided. 

Section 22. In case of a vacancy in the office of vacancy, etc. 
mayor occurring more than six months previous to the 
expiration of the term the board of aldermen shall order 
an election for a mayor to serve during the unexpired 
term. If such vacancy occurs in the last six months of 
the term the president of the board of aldermen shall 
become acting mayor for the unexpired term, with all the 
duties, rights and powers of mayor. In such case the 
office of the president as alderman shall become vacant. 
Whenever, by reason of sickness, absence from the city 
or other cause, the mayor shall be unable to attend to the 
duties of his office, the president of the board of alder- 
men shall become acting mayor during such disability of 
the mayor, but shall have no power to make permanent 
appointments or to suspend any officer. 



310 Acts, 1902. — Chap. 393. 



DEPARTMENTS AND OFFICERS. 

FuToffice'rf Section 23. There shall be the following depart- 

ments and officers : — 

Fh'st. The assessing department, to be under the 
charge of the board of assessors. 

Second. The buildings department, to be under the 
charge of the superintendent of buildings. 

Third. The engineering department, to be under the 
charge of the city engineer. 

Fourth. The fire department, to be under the charge 
of the board of fire commissioners. 

Fifth. The health department, to be under the charge 
of the board of health. 

Sixth. The law department, to be under the charge 
of the city solicitor. 

Seventh. The parks department, to be under the 
charge of the board of park commissioners. 

Eighth. The police department, to be under the 
charge of the board of police appointed under the au- 
thority of chapter three hundred and fifty-one of the acts 
of the year eighteen hundred and ninety-four and amend- 
ments thereof, the provisions of which are hereby con- 
tinued in force. 

Ninth. The poor department, to be under the charge 
of the overseers of the poor. 

Tenth. The public library department, to be under 
the charge of the trustees of the public library. 

Eleventh. The registrars of voters department, to be 
under the charge of the registrars of voters. 

Twelfth. The school department, to l)e under the 
charge of the school committee. 

Thirteenth. The sinking fund department, to be under 
the charo-e of the board of commissioners of the sinkinor 



fund. 

Fourteenth. The street department, to be under the 
charge of the surveyor of highways, who shall also be 
superintendent of streets. 

Fifteenth. The water department, to be under the 
charge of the Watuppa water board. 

Sixteenth. Such other departments and officers to 
carry out municipal work as the board of aldermen shall 
from time to time prescribe. The board of aldermen 



Acts, 1902. — Chap. 393. 311 

may create a department for the purchase of suppliesi, or 
may authorize the purchase of supplies generally or of 
any particular kind by any existing department. 

Seventeenth. The city clerk department, to be under 
the charge of the city clerk. 

Eighteenth. The auditing department, to be under 
the charge of the city auditor. 

Nineteenth. The treasury department, to be under the 
charge of the city treasurer. 

Twentieth. The collecting department, to be under 
the charge of the city collector, who shall have and ex- 
ercise all the powers of collectors of taxes. 

The departments provided for in the first sixteen clauses 
of this section shall be executive departments, and the 
officers thereof shall be executive officers. 

Section 24. The boards and officers named in the Terms of office, 

preceding section shall be chosen in the manner, hold duuls.^etcf 

office for the terms, and have the duties and powers, 

provided by the laws of the Commonwealth and the 

ordinances of the city of Fall River, so far as such laws 

and ordinances are not inconsistent with this act. 

Section 25. The school committee shall consist of schooi commit- 
tee, election, 
such number of persons, not less than nine and divisible termg, etc. 

by three, as the board of aldermen shall from time to 
time determine, one third of whom shall be elected an- 
nually in the manner provided for the election of mayor, 
to serve for a term of tliree years. 

Section 26. The terms of office of the city clerk, Terms of office 
city auditor, city treasurer, city collector, superintendent cuyluditJ^,' 
of buildings, city engineer, city solicitor, surveyor of ^**'* 
highways and superintendent of streets, shall be two 
years. 

Section 27. The superintendent of buildino-s shall Superintendent 

A o of buildings, 

have charge of the erection of all public buildings, in duties, etc. 
accordance with plans approved by the respective depart- 
ments which are to use the buildings when completed, 
and such other duties as may be prescribed by ordinance. 
School buildings shall be erected only on lots approved 
by the school committee. 

Section 28. There shall be three fire commissioners, Firecommie- 
whose'term of office shall be three years. In the year appc^nt'ment, 
nineteen hundred and three one commissioner shall be *®™«>^''=- 
appointed to serve for one year, one to serve for two 
years and one to serve for three years ; and thereafter 



312 



Acts, 1902. — Chap. 393. 



Board of health, 
appointment, 
terms, etc. 



City hoepltal, 
appointment of 
physicians, etc. 



Appointment of 
certain oflicers, 
etc. 



one commissioner shall be appointed annually in the 
month of January to serve for three years. The com- 
missioners shall receive no compensation. They shall 
have control of tlie organization and management of the 
fire department, of its officers and men, of its apparatus, 
buildings and other property, including the fire alarm 
system and hydrants, and may make rules and regulations 
governing the same. The commissioners shall appoint 
the officers and members of the department and fix their 
duties. They may suspend any member for a period not 
exceeding thirty days, and may remove any member for 
cause after due notice and hearing. They shall, subject 
to the approval of the board of aldermen, determine the 
number of officers and members of the department and 
fix their compensation. 

Section 29. The board of health shall consist of three 
members, two of whom shall l)e physicians, to be ap- 
pointed by the mayor and confirmed by the board of 
aldermen. In the year nineteen hundred and three one 
member shall be appointed to serve for one year, one to 
serve for two years and one to serve for three years ; and 
thereafter one member shall be appointed annually in the 
month of eTanuary to serve for three years. The city 
physician shall also be ex officio an advisory member of 
the board of health, and shall preside at its meetings, but 
shall have no vote. Said board shall replace the present 
board of health. 

Section 30. The overseers of the poor shall have 
charge of the city hospital, and shall appoint a staff con- 
sisting of six physicians and six surgeons, and such 
specialists as they may deem necessary for the proper 
attendance upon and care of patients in said hospital. 
All the members of the staff shall be residents of Fall 
River and shall serve without compensation. 

Section 31. The city clerk, city auditor, city treas- 
urer, city collector, city messenger, and clerk of commit- 
tees, superintendent of streets and surveyor of highways, 
shall be chosen by the board of aldermen. All other city 
officers, cxce))t the school committee, the police commis- 
sioners, and such officers as the school committee and the 
])olice commissioners are authorized by laAV to ai)point, 
shall be appointed by the mayor, subject to confirmation 
by the board of aldermen. Boards and heads of depart- 
ments shall have the jjower however to appoint and 



Acts, 1902. — Chap. 393. 313 

employ and to discharge and remove all subordinate 
officers and other employees in their respective depart- 
ments : provided, however^ that nothing in this act shall Pro^so. 
be construed to render the provisions of chapter nineteen 
of the Kevised Laws, relating to the civil service, inap- 
plicable to the city of Fall River, its officers or employees, 
or to aftect existing ordinances relative to the terms of 
office of subordinate officers and employees. 

Section 32. All city officers shall hold office until T?'"'»o?°ffi«e 

ii • 1 T T /-• 1 ^w^^ of certain City 

tlieir successors are chosen and qualined. Ihe term officers. 
of office of the city auditor and of the city clerk shall 
begin and end on the first Monday in INlarch. The term 
of office of all city officers, except as otherwise herein 
provided, shall begin and end on the first Monday in 
February : provided, however, that officers holding office proviso, 
when this act takes effect shall serve during the terms 
for which they were chosen, subject to suspension and 
removal as provided by this act. 

Section 33. All bonds required of city officers shall bond?."^"^ °^ 
be subject to the approval of the mayor. 



GENERAL PROVISIONS. 

Section 34. The city shall not be liable for the acts Liability of city 
of its officers and boards, except so far as liability may ^oktlll%T 
now exist. 

Section 35. No street or way shall hereafter be opened Location of cer- 

,11,., "^ 1 -^ , tain streets, etc., 

over any private land by the owners, lessees or occupants to be approved 
thereof, and dedicated to be used by the public, until the aidemem'*"'' 
Avidth and location of the same shall have been approved 
by the mayor and board of aldermen. 

Section 36. Any officer or member of a board shall, ^erta?riu°for^^ 
upon request of the board of aldermen, appear before it mation upon re- 
and give such information as may be required in relation 
to his department, and any officer or member of a board 
who so appears may speak upon all matters under con- 
sideration relating to his department. 

Section 37. Every contract made by any officer or contracts. 
board where the amount involved is two hundred dollars 
or more shall be in writing, shall be accompanied by a 
sufficient bond for the faithful performance of the contract, 
and shall not be valid or binding against the city until 
the approval of the mayor is affi'xcid in writing to the 
contract and the bond, after which they shall be deposited 



314 Acts, 1902. — Chap. 393. 

with the city auditor. No such contract shall be altered, 
unless the contractor, the sureties on the bond, if any, 
the officer making the contract, and the mayor, shall in 
Avriting agree to sucli alteration. 
to°bemadobe''^ Sectiox 38. No expenditure of public money shall 
tion''excTt''etc ^^ uiadc by any officer or board, nor liability incurred 
by or on behalf of the city, beyond the amount duly 
appropriated therefor, contained in the annual appropria- 
tion order, or subsequently appropriated and thereafter 
granted by order of the board of aldermen, except as 
otherwise provided b}^ law. 
Vacancies. Section 31). Vacaucics shall be filled in the manner 

of tlie original election or appointment, unless other pro- 
vision is made herein . 
Sluceito"^ Section 40. The existing ordinances of the city, so 
force"*^^'" far as they are not inconsistent with this act, shall con- 
tinue in force until amended or repealed by tlie board of 
aldermen. 
higs^Jf th^^*^*" Section 41. General meetings of the people may be 
people. held from time to time, according to the rights secured to 

the people by the constitution of the Commonwealth ; and 
all such meetings may, and upon the request in writing 
of fifty qualified voters setting forth the purpose thereof, 
shall duly be called by the mayor. 
Repeal, etc. Section 42. All acts and parts of acts inconsistent 

herewith are hereby repealed, and all ordinances, orders 
and resolutions, or parts thereof inconsistent with this 
act, are hereliy annulled ; but such repeal or annulment 
shall not affect any rights accrued, any penalty or for- 
feiture incurred, or any suit pending at the time when the 
repeal or annulment takes effect, and all officers now 
holding office under provisions of law shall continue to 
hold office and exercise the powers thereof until their 
successors are elected or appointed according to the pro- 
visions of this act. 
Acceptance' Section 43. Thc qucstlou of the acceptance of this 

to be gubmitted act shall be submitted to the legal voters of the city of 

to voters at state tihi-,. , ^ , . . ■, . 

election, etc. l^ail liivcr at tlic aiuiual state election in the present 
3^ear. Thc vote shall be taken by ballot in accordance 
with the provisions of chapter eleven of the Revised Laws 
and of acts in amendment thereof and in addition thereto, 
so far as the same shall be applicable, in answer to the 
question : Shall an act passed by the general court in the 
year nineteen hundred and two, entitled " An Act to 



Acts, 1902. — Chap. 394. 315 

revise the charter of the cit}-^ of Fall River ", be accepted?, 
and the affirmative votes of a majority voting tliereon 
shall be required for its acceptance. If so accepted so 
nmeh thereof as relates to elections hereunder shall apply 
to the annual municipal election which shall be held on 
the Tuesday next after the second Monda}^ of December 
in the year nineteen hundred and two, and this act shall 
take full effect on the first jNIonday of January next ensu- 
ing. If this act fails to be accepted at said annual state 
election it shall be submitted again in like manner to said 
voters at the annual state election in the year nineteen • 
hundred and three. If then accepted, so much thereof as 
relates to elections hereunder shall apply to the annual 
municipal election which shall be held on the Tuesday 
next after the second Monday of December in the year 
nineteen hundred and three, and this act shall take full 
effect on the first Monday of January next ensuing. 

Section 44. So much of this act as authorizes and effect! *°*"^^ 
directs its submission to the legal voters of said city 
shall take effect upon its passage, but it shall not further 
take effect unless accepted as above provided. 

Approved May 13, 1902. 

An Act to incorporate the bay state accident association. (JJia7).o^4: 

Be it enacted, etc., as follows : 

Section 1. Charles H. Wilson, Delmont L. Weeks, Bay^ateAcci- 
Guy W. Cox and Harry G. Lowe, their associates and tionincorpo- 
successors, are hereby made a corporation by the name 
of the Bay State Accident Association, for the purpose 
of insuring street railway corporations, except such as 
are hereinafter excluded, against loss arising from claims 
for damages on account of injury to persons or on ac- 
count of the death of persons caused by such street 
railway corporations ; and for this purpose shall have all 
the powers and privileges and be subject to all the duties, 
restrictions and liabilities set forth in all general laws now 
or hereafter in force relating to mutual insurance com- 
panies, so far as the same shall be applicable. . 

Section 2. Said corporation shall effect insurance By-iaws, etc., 

,.., , ^ 'n 1 • i.' r i-\ • to be approved 

only in the class oi cases specified in section one oi this by insurance 
act, and shall not do business until its by-laws and form ^"^^"^""o'^er, 
of policy have been submitted to and approved by the 
insurance commissioner, nor until at least four of the 



316 Acts, 1902. — Chaps. 395, 396. 

street railway corporations of this Commonwealth shall 
have applied for insurance therein. It shall insure no 
corporation whose gross earnings for the year ending on 
the thirtieth day of September next preceding the ap- 
plication for such insurance exceed the sum of five hun- 
dred thousand dollars. 

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

Ajjj^roved May 13, 1902. 

Chap.39.5 ^N Act relative to locations of street railway companies. 
Be it enacted, etc., as foUoivs : 

^treet'?SiwIy Section 1. If in any city or towu the original loca- 
companies. ^jqj^ pf tracks of a strcct railway company already organ- 
ized or in process of organization expires, is revoked, or 
otherwise becomes void before or after the passage of this 
act, the provisions of section seven of chapter one hun- 
dred and twelve of the Revised Laws shall apply to a new 
petition for a location in such city or town, unless such 
petition is brought for an extension or alteration of the 
tracks of the company in such city or town. If the loca- 
tion for which the subsequent petition is filed is necessary 
to connect the railway of the company in two cities or 
towns or in a city and town, the provisions of section 
eleven of said chai)ter shall apply to the proceedings 
thereunder. 

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

Approved May 13, 1902. 

ChcilJ 396 "^^ ^^^ ^^ MAKE NULL AND VOID GRANTS OF LOCATIONS TO STREET 
railway COMPANIES WHICH FAIL TO COMPLETE TUEIR ORGANI- 
ZATION. 

Be it enacted, etc., as follows : 

wonftoftreef' Section 1. EvcTy grant of location heretofore or 

railway com- hcrcaftcr Hiadc to a street railway company in process of 

come void in organization under the provisions oi general or special 

laws shall lapse and become null and void, anything to 

the contrary in such grant of location notwithstanding, 

if the organization of such company is not completed and 

its charter duly granted within eighteen months after the 

date of such grant of location. 

effect" Ite**^^ Section 2. This act shall take efiect upon its passage, 

but shall not apply to any locations heretofore granted to 



Acts, 1902. — Chaps. 397, 398. 317 

a company in process of organization which shall complete 
its organization and receive its charter prior to the first 
day of March in the year nineteen hundred and three. 

Approved 3fay 15, 1902. 

An Act to pkevent misrepresentation in the sale ov mer- /^^^^. *-iQ7 

CHANDXSB. ^ * 

Be it enacted, etc., as folloivs : 

Section 1. If any person, firm, corporation or associa- Misrepresenta- 
tion, or any employee thereof, in a newspaper, circular Jf'mSchandi^'L 
or other publication published in this state, knowingly misdemeMor,'' 
makes or disseminates any statement or assertion of fact ^^'^• 
concerning the quantity, the quality, the method of pro- 
duction or manufacture, or the reason for the price of 
his or their merchandise, or concerning the manner or 
source of purchase of such merchandise, or the possession 
of rewards, prizes or distinctions conferred on account 
of such merchandise, which statement or assertion is in- 
tended to give the appearance of an ofter advantageous to 
the purchaser and which is untrue or calculated to mis- 
lead, and if it shall appear that any purchaser has been 
deceived or damaged in consequence thereof, the person, 
firm, corporation or association causing such advertise- 
ment to issue, upon the complaint of the person so 
deceived or damaged, shall be guilty of a misdemeanor. 

Section 2. Any person, firm, corporation or associa- Penalty. 
tion, or any employee thereof, who commits the misde- 
meanor above described shall be liable to a fine of not less 
than ten nor more than one hundred dollars for each 
offence. Approved May 15, 1902. 

An Act to authorize the city of Worcester to accept the njjfj^ QQq 

BENEFITS OF THE WILL OF JEROME WHEELOCK. -^ 

Be it enacted, etc., as follows : 

Section 1 . The city of Worcester is hereby authorized city of worces- 
to accept the provisions of the will of Jerome Wheelock, benefit^ of win 
late of Worcester* and to assent to any compromise whee°o™k. 
touching the allowance and meaning thereof, and to do 
all matters and things required of it in order to secure 
the benefits intended to be conferred by said will upon 
said city. 

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

Approved May 15, 1902. 



318 Acts, 1902. — CnArs. 899, 400. 



Chap.SQ^ An Act to provide for the approval by the board of rail- 
" road commissioners of locations granted to street rail- 
way COMPANIES. 

Be it enacted, etc., as follows : 
^r&nilTto^^"'' Section 1. No location, extension or alteration of a 
compan^erto^be lot'a,tion granted by a board of aldermen or a board of 
approved by selectmen, after the lii'st day of March in the year nine- 

railroad com- iiii r>i i/» -t 

miBBioners. tccH hundred and two, 01 the tracks oi a street railway 
company organized or in process of organization, shall be 
valid until the board of railroad commissioners has certi- 
fied, after public notice and a hearing, that such location, 
or extension or alteration of location, is consistent with 
the public interests. 
whrhTocaironB. Section 2. The thirty days within which it is pro- 
Icce*ted"^^ vidcd by law that a street railway company shall accept 
a location, extension or alteration of a location, shall 
begin to run from the time of issuing notice by the board 
of railroad commissioners of its decision ; and if said board 
decides tliat the location, extension or alteration of loca- 
tion as granted or made is not consistent with the public 
interests, the same shall thereupon become void. 

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

Approved May 15, 1902. 

(JJianAOO ^^ -^CT relative to the CONSTRUCTION OF CERTAIN BUILDINGS 
IN THE CITY OF BOSTON OUTSIDE THE BUILDING LIMITS. 

Be it enacted, etc., as follows : 

amendld Section 1. Chapter four hundred and nineteen of the 

acts of the year eighteen hundred and ninety-two is 
hereby amended by striking out section forty-six, as 
amended by section four of chapter four hundred and 
sixty-four of the acts of the year eighteen hundred and 
ninety-three and by chapter four hundred and seventy- 
four of the acts of the year nineteen hundred and one, and 
inserting in place thereof the following new section : — 

Construction of Sectioii 46 . Sccoud ckss buildings hereafter built shall 

certain build- , , ^ ^ & 

ingsincityof bc SO divided by brick loartition walls of the thickness 

Boston. •! 1 ,■ 1 ' . • . 11 1 • 1 ji • i 

prescribed tor bearing })artition walls and carried thirty 
inches above the roof, that no si)ace inside any such 
building shall exceed in area eight thousand square feet, 
and no existing wall in any second class building shall be 
removed so as to leave an area of more than eight thou- 



Acts, 1902. — Chaps. 401, 102. 319 

sand square feet not so enclosed : jjrovided, that in build- ProviBOB. 
ings having- a height of not over forty-five feet the height 
above the roof of the said brick partition walls need not 
exceed twelve inches ; and provided, cdso^ that the pro- 
visions of this section shall not apply to buildings used 
only for working in non-combustible materials, built 
outside the building limits and conforming to the require- 
ments of firfst class buildings except in having the beams 
of wood, supported or not supported by posts of wood, 
and in having floors of Avood laid directly upon the beams 
and the floors kept uncovered on their under side between 
the beams, and having the roof built as approved by the 
building commissioner. 

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

Approved May 20, 1902. 

An Act to authorize the merchants manufacturing company (7/^^79,401 
and american linen company to jointly operate print 
works to print the cloth manufactured by each of them 
and to sell the same. 

Be it enacted, etc., as follows : 

Section 1. The Merchants Manufacturing Company certain com- 
and the American Linen Company, corporations estab- foTnUy op Jrate 
lished in the city of Fall River, are herel)y respectively p^^'^^'^'' 
authorized to print and finish all cloth manufactured by 
each of them, and for that purpose may jointly engage in 
the business of operating print works and selling the 
product thereof, under such arrangements and terms as 
they may agree upon through their respective boards of 
directors : provided, however, that no action shall be taken Proviso, 
under the provisions of this act without the approval of 
the boards of directors of each of said corporations. 

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

Aiiproved May 21, 1902. 



ChapAm 



An Act to establish the salaries of the railroad and rail- 
way INSPECTORS of THE BOARD OF RAILROAD COMMISSIONERS. 

Be it enacted, etc., as follows : 

Section 1. Section nine of chapter one hundred and R. l in, §9, 

1 p 1 -r« • 1 r -1 1 111 • 1 amended. 

eleven oi the Kevised l^aws ls hereby amended by strik- 
ing out the words ''fifteen hundred", in the fifth line, 
and inserting in place thereof the words : — two thousand, 



320 Acts, 1902. — Chaps. 403, 404. 

Board of rail- — SO as to read as follows: — Section 9. The annual 
Hi'oueis.Tria- salary of the chairman of the l)oard shall be five thousand 
new, expense, (^|j)j|^^j.^^ ^|jg^l^ q£ ^\^q other couimissioners four thousand 

dollars each, t)f the clerk twentj-tive hundred dollars, of 
the assistant clerk not more than twelve hundred dollars 
and of each railroad and railway inspector two thousand 
dollars, payable by the Commonwealth. The commis- 
sioners shall be })rovided with an office in the state house, 
or in some other suitable place in the city of Boston, in 
which their records shall be kept. In the performance 
of their official duties, they shall be transported over the 
railroads and raihvays in this Commonwealth free of 
charge, and may employ and take with them experts or 
other agents whose services they consider temporarily of 
importance. The board may expend not more than three 
thousand dollars annually in procuring necessary books, 
maps, statistics and stationery and in defraying expenses 
incidental and necessary to the performance of its duties, 
and not more than twenty-five hundred dollars annually 
in defraying the compensation of an accountant. A 
statement of such expenditures shall accompany its an- 
nual report. 

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

Approved May 21, 1902. 

QJiavAO'd ^^ '^^'^ RELATIVE TO THE REGULATION OF BAKERIES. 

Be it enacted, etc., as follows : 

^tiiMded. Section 1. Chapter seventy-five of the Revised Laws 

is hereby amended by striking out section thirty-four 

and inserting in place thereof the following new section : 

heauh*to raake — Secfioii 34. The board of health of a city or town 

regulations mav uialvc such furtlicr reo-ulations as the public health 

concerning -^ . nin i !• 

bakeries, etc. may rcquirc, and shall cause such regulations, together 
with the six preceding sections, to be printed and posted 
in all such bakeries and places of business. 

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

Approved May 21, 1902. 

(7/i(Z7?.404 ^^ ^^^ ^*^ AUTHORIZE THE CITY OF LOWELL TO SUPPLY THE IN- 
HABITANTS OF THE TOWN OF DRACUT WITH WATER. 

Be it enacted, etc.^ as follows : 

mi^sul'T^''" Section 1. The city of Lowell may supply the in- 
townofDracMt habitants of the town of Dracut with Avater for the extin- 

with water, etc. 



Acts, 1902. — Chap. 404 321 

guisluiicnt of fires and for domestic and other purposes, 
and may construct and la}^ conduits, pipes and other 
works, under or over any lands, water courses, railroads, 
railway's and public or private ways, and along any such 
ways in the town of Dracut in such manner as not unnec- 
essarily to obstruct the same ; and for tlie purpose of 
constructing, maintaining and repah'ing such conduits, 
pipes and other works, and for all purposes of this act, 
the city of Lowell may enter upon and dig u\) any such 
lands and ways : prorlded^ Jiowevev, that the said city Proviso, 
shall not enter upon or dig up any public ways in the 
town of Dracut, except with the consent of the selectmen 
thereof; and the city of Lowell shall restore to the satis- 
faction of the selectmen of the town of Dracut i\\v puldic 
ways dug up or otherwise disturbed in said town, and 
shall pay all damages sustained b}" any person in conse- 
quence of any act or neglect upon the part of the city of 
Lowell, its agents or employees, in digging up or other- 
wise disturbing any lands or public or private ways within 
the said town. 

Section 2. The city of Lowell may distribute water May distribute 
through the town of Dracut or any part thereof, and may «mect rates' 
regulate the use of such water and tix and collect rates *'*''• 
for the use of the same ; and the town of Dracut or any 
fire district now or hereafter established therein, or any 
individual or corporation, may make such contract with 
the city of Lowell for the extinguishment of fires and for 
other purposes as may be agreed upon between said town, 
fire district, individual or corporation, and the city of 
Lowell ; and the said city may establish and maintain 
fountains and hydrants in the said town and may relocate 
or discontinue the same. 

Sectiox 3. The town of Dracut shall have the right Town of Dracut 

1 . I Dttay take prop- 

at any time to take, by purchase or otherwise, the prop- eny, rights, etc. 
erty and all the rights and privileges of the city of Lowell 
held under the provisions of this act within the town of 
Dracut, on payment to said city of the actual cost thereof. 
The city of Lowell shall keep a separate account of the 
construction expenses of its plant within the town of 
Dracut, which account shall be open to the selectmen or 
other committee appointed by tiie town. In case the 
town shall vote to purchase said property, rights and 
privileges, and cannot agree with the city of Lowell upon 
the amount of the total actual cost thereof, then upon a 



322 



Acts, 1902. — CnArs. 405, 406. 



WTien to take 
effect, etc. 



Chap 



suit in equity brought either by tlie city or by the town 
the supreme judicial court sliall ascertain and fix such 
total cost in accordance Avith the foregoing provisions, 
and shall enforce the right of the town of Dracut to take 
possession of said property, rights and privileges, upon 
the payment of such cost to the city of Lowell. 

Section 4. This act shall take eflect upon its passage, 
but shall become void unless the city of Lowell shall begin 
to distribute water through its pipes to consumers in the 
town of Dracut within three years after the passage of 
this act. Approved May 21, 1902. 



.405 An Act to authorize the haverhill and plaistow street 
railway company to lease its railway and property to 
the exeter, hampton and amesbury street railavay com- 
PANY. 



Be it enacted, etc., as follows : 

Section 1. The Haverhill and Plaistow Street Rail- 
oom Vu^'ma^ ^^^7 Company may lease its railway and property to the 



The Haverhill 
and Plaistow 



lease its rail- 
way, etc. 



Exeter, Hampton and Amesbury Street Kailway Company 
for a period not exceeding ninety-nine years, and the 
Exeter, Hampton and Amesbury Street Kailway 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 eflect upon its passage. 

Approved May 21, 1902. 



ChapAOQ -'^N Act relative to actions of tort for personal injuries 

AGAINST COUNTIES, CITIES AND TOWNS. 



R. L. 202, § 4, 
amended. 



Be it enacted, etc., as follows : 

Section four of chapter two hundred and two of the 
Kevised Laws is hereby amended by striking out the word 
*'and", in the second line, and by inserting after the 
word "property", in the fifth line, the words: — and 
actions of tort for injuries to the person against counties. 
Certain actions citics and towns, — SO as to read as follows : — Section 4, 
menced within ActioHs for assault and battcry, for false imprisonment, 
cruseoTacaon"^ for slandcr or libel, actions against executors, adminis- 
accrues. trators, guardians, trustees, sherifts, deputy sherifts, con- 

stables or assignees in insolvency, for the taking or 
conversion of personal property, and actions of tort foy 



Acts, 1902. —Chaps. 407, 408. 323 

injuries to the person against counties, cities and towns, 
shall be commenced only within two years next after the 
cause of action accrues. Approved May 21, 1902. 



ChapAOl 



An Act to authorize the Berkeley street congregational 

SOCIETY to convey ITS PROPERTY TO THE CONGREGATIONAL 
CHURCH UNION OF BOSTON AND VICINITY. 

Be it enacted, etc., as foUoios : 

Section 1. The Berkeley Street Congregational So- The Berkeley 
ciety is hereby authorized to convey to The Congrega- gregltionai 
tional Church Union of Boston and Vicinity all its real conSite'^ 
and personal estate situated on Berkeley street in the city P'^pe'^tyi ^tc 
of Boston, in fee, upon the trusts, nevertheless, set forth 
in a deed of said real estate presented to said society at 
a special meeting thereof held on the thirty-first day of 
March in the year nineteen hundred and two. 

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

Approved May 21 ^ 1902. 



ChapAOS 



An Act to provide for the construction of new buildings 
at the massachusetts hospital for epileptics. 

Be it enacted, etc., as folloivs : 

Section 1. The trustees of the Massachusetts hospital New buildings 
for epileptics are hereby authorized to expend a sum not structed at 
exceeding thirty-nine thousand dollars for the following hoTpUaifor 
purposes : — For the erection of a building for a light ®pi^®p***=^- 
and power plant and for the equipment thereof, a sum 
not exceeding nineteen thousand dollars, and for the erec- 
tion of a buildino; for a nurses' home and for furnishinof 
and equipping the same, a sum not exceeding twenty 
thousand dollars. 

Section 2. To meet the expenses incurred under the Hospital for 
provisions of this act the treasurer and receiver general Loan^*'*'* 
is hereby authorized, with the approval of the governor 
and council, to issue scrip or certificates of indebtedness 
to an amount not exceeding thirty-nine thousand dollars, 
for a term not exceeding thirty years. Such scrip or 
certificates of indebtedness shall be issued as registered 
bonds or with interest coupons attached, and shall bear 
interest at a rate not exceeding four per cent per annum, 
payable semi-annually on the first days of May and No- 
vember in each year. They shall be designated on the 



324 Acts, 1902. — Chap. 409. 



face thereof, Hospital for Epileptics Loan, shall be coun- 
tersigned by the governor , and shall be deemed a pledge 
of the faith and credit of the Connnonwealth, and the 
principal and interest thereof shall be paid at the times 
specified therein in gold coin of the United States or its 
equivalent. Such scrip or certificates of indebtedness 
shall be sold and disposed of at public auction, or in such 
other mode, and at such time and prices, and in such 
Sinking fund, auiouuts, as sliall be deemed best. The sinking fund 
established by chapter three hundred and ninety-one of 
the acts of the year eighteen hundred and seventy-four, 
known as the Prison and Hospital Loan Sinking Fund, 
shall also be maintained for the purpose of extinguishing 
bonds issued under the authority of this act, and the treas- 
urer and receiver general shall apportion thereto from year 
to year an amount sufficient with the accumulations of said 
fund to extinguish at maturity the del)t incurred by the 
issue of such bonds. The amount necessary to meet the 
annual sinking fund requirements and to pay the interest 
on the bonds shall be raised by taxation from year to 
year. 

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

Apiiroved May 21, 1002. 

OhnnAOQ -^'^ -^ct to provide for the construction of a new building 

AND for certain ADDITIONS AT THE MEDFIELD INSANE ASl'LUM. 

Be it enacted, etc., as folloivs : 
fo^he\on^^^^ Section 1. In order to provide additional accommo- 
at^M^edfie^d*'"' ^atious for tlic iusauc at the Medfield insane asylum the 
insane asylum, trustccs thcrcof are authoiizcd to expend a sum not ex- 
ceeding ninety-nine thousand three hundred dollars, for 
the following purposes, to wit: — For constructing and 
furnishing a new building for women patients, a sum not 
exceeding eighty thousand dollars ; for improvements in 
the laundry building and machinery, a sum not exceeding 
eight thousand dollars ; for additions to and improvements 
in the barn, a sum not exceeding eight thousand dollars; 
for improvements, in the sewerage system, a sum not ex- 
ceeding five hundred dollars ; for improving the grounds 
surrounding the asylum, a sum not exceeding eight hun- 
dred dollars ; and for an underground electric cable, a 
sum not exceeding two thousand dollars. 
Asylum^ Loan"^ SECTION 2. To mcct the expenditures hereby author- 
ized the treasurer and receiver general, with the approval 



Acts, 1902. — Chap. 410. 325 

of the governor and council, shall issue scrip or certifi- 
cates of indebtedness to an amount not exceeding ninety- 
nine thousand three hundred dollars, as an addition to the 
Medfield Insane Asylum Loan, and shall add to the exist- 
ing sinking fund to provide for the payment of the same. 
Such scrip or certificates of indebtedness shall be issued 
as registered bonds, and shall bear interest at a rate not 
exceeding four per cent per annum, payable semi-annu- 
ally on the first days of April and October. 

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

Ajjproved May 21, 1902. 



ChapAlO 



An Act to extend the poweks of the onset water company. 

Be it enacted, etc., as follotos : 

Section 1. The Onset Water Company is hereby au- TheOneet 
thorized to increase its capital stock to an amount which, pany may in- 
togetlier with the amount heretofore authorized, shall not ?af etock"^ etJ!* 
exceed fifty thousand dollars, and to issue additional 
bonds to an amount not exceeding said capital stock actu- 
ally paid in, and to secure said bonds by a mortgage of 
its franchise and property : 2y^'0Vided, however, that such Proviso, 
increase of capital stock and issue of bonds shall be sub- 
ject to the provisions of sections thirty and thirty-one 
of chapter one hundred and nine of the Revised Laws and 
of all acts in amendment thereof or in addition thereto. 

Section 2. Said corporation is hereby authorized to Mayiayand 
lay, and maintain pipes in any part of the town of Ware- ^c^"in mTe^-*' 
ham, in addition to that part of said town described in ^'*°^'^*'=- 
the act of incorporation of said company, and is author- 
ized to supply and distribute water to the inhabitants of 
said town for the extinguishment of fires and for domestic 
and other purposes, in the same manner and with the 
same rights and subject to the same liabilities as if the 
authority to make such extension of pipes and to supply 
water to such additional territory had been included in 
the grant contained in its charter. 

Section 3. vSaid corporation, for the purposes set forth May hold addi- 
in its charter as amended l)y this act, may hold real estate es'tate.'^^"^ 
to an amount Avhich, together with the amount heretofore 
authorized, shall not exceed fifteen thousand dollars in 
value. 

Section 4. As a part of its authorized holding of real ^fjJf°TremTnt 
estate said corporation may acquire and hold by purchase Naii company, 
the property now of the Tremont Xail Company, and late 



326 Acts, 1902. — Chaps. 411, 412, 413. 

of Samuel T. Tisdale, situated in East Wareham, or any 
part of said property, with the real estate, dam, pond, 
and all water rights connected therewith. 
effect" etc!'*''^ SECTION 5. This act shall take effect upon its passage, 
but shall become null and void unless said corporation 
shall lay within two years not less than two and one half 
miles of pipe of a diameter not less than eight inches, in 
that part of the town of Wareham not described in the 
act of incorporation of said Onset Water Company. 

Approved May 21, 1902. 

GJiapAW -^^ -'^CT TO ESTABLISH THK SALARIES OF THE COUNTY COMMISSION- 
ERS FOR THE COUNTY OF ESSEX. 

Be it enacted, etc., as folloivs : 

coiu'trcommis. Seotion 1. The aggregate salaries of the county com- 

cL^iTnty esteb-*'"'' missioucrs for the county of Essex shall be fifty-four hun- 

lished. dred dollars a year, to be so allowed from the first day 

of July in the year nineteen hundred and two. 

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

Aj^jyroved May 21, 1902. 

OA«2?.412 -^^ ^^^ '^^ PROVIDE ADDITIONAL CLERICAL ASSISTANCE FOR THE 
REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY OF 
BRISTOL. 

Be it enacted, etc., as foUoivs : 

Additional SECTION 1. Tlic register of probate and insolvency 

ance. for the couuty of Bristol shall be allowed annually, in 

addition to the amount now authorized by law, a sum 
not exceeding two hundred dollars for clerical work actu- 
ally performed, in addition to that now performed for 
said register, to be paid from the treasury of the (Com- 
monwealth upon the certificate of the judge of probate 
and insolvency for said county. 

Section 2. This act shall take eff*ect upon its passage. 

A]pproved May 22, 1902. 

CllCLV 413 ■'^^ ^^^ RELATIVE TO APPOINTMENTS TO THE DETECTIVE DEPAJRT- 

MENT OF THE DISTRICT POLICE, 

Be it enacted, etc., as follows : 

R. L. 19, §21, Section 1. Section twenty-one of chapter nineteen 

of the Ilevised Laws is hereby amended by inserting after 
the word " certified", in the ninth line, the words : — but 



Acts, 1902. — Chap. 414. 327 

this section shall not apply to the detective department 
of the district police, — and by striking out the word 
"But", in the same line, so as to read as follows: — 
Section. 21. A veteran may apply for examination under Examination, 
the rules, and if he passes the examination, shall be pre- under civii 
ferred in appointment and employment to all persons not ^^'^•''® '"^ ®^- 
veterans. The commissioners shall cause the names of 
the veterans who pass the examination to be placed upon 
the eligible list in the order of their respective standing, 
above the names of all other applicants, and to be certi- 
fied to the appointing officers for appointment and em- 
ployment in preference to other applicants, and the 
appointment or employment shall be made from the list 
so certified, but this section shall not apply to the detec- 
tive department of the district police. Nothing herein 
shall prevent the certification and employment of women. 
Section 2. This act shall take eftect upon its passage. 

Approved May 22, 1902. 



ChajjAU 



An Act relative to the sale of ice cream, soda water and 
confectionery on the lord's day. 

Be it enacted, etc., as foUoivs : 

Section 1. Section tliree of chapter ninety-eight of the r. l.ss, §3, 
Revised Laws is hereby amended by inserting after ^°^^^^^^- 
the word "week", in the tenth line, the words: — nor 
the retail sale of ice cream, soda water and confectionery 
by licensed innholders and druggists, and by such licensed 
common victuallers as are not also licensed to sell intoxi- 
cating liquors and who are authorized to keep open their 
places of business on the Lord's day, — so as to read as 
follows: — Section 3. The provisions of the preceding certain bnei- 
section shall not be held to prohibit the manufacture and wbuidon'the 
distribution of steam, gas or electricity for illuminating lord's day. 
purposes, heat or motive power, nor the distribution of 
water for fire or domestic purposes, nor the use of the 
telegraph or the telephone, nor the retail sale of drugs 
and medicines, nor articles ordered by the prescription 
of a physician or mechanical appliances used by physi- 
cians or surgeons, nor the retail sale of tobacco in any 
of its forms by licensed innholders, common victuallers, 
druggists and newsdealers whose stores are open for the 
sale of newspapers every day in the week, nor the retail 
sale of ice cream, soda water and confectionery by licensed 



328 



Acts, 1902. — Chap. 415. 



innbolders and druggists, and b}^ such licensed common 
victuallers as are not also licensed to sell intoxicating 
liquors and who are authorized to keep open their places 
of business on the Lord's day, nor the letting of horses 
and carriages or of yachts and boats, nor the running of 
steam ferry boats on established routes, nor the running 
of street railway cars, nor the preparation, printing and 
publication of newspapers, nor the sale and delivery of 
newspapers, nor the wholesale or retail sale and delivery 
of milk, nor the transportation of milk, nor the making 
of butter and cheese, nor the keeping open of public bath 
houses, nor the making or selling by bakers or their em- 
ployees, before ten o'clock in the morning and between 
the hours of four o'clock and half past six o'clock in the 
evening, of bread or other food usually dealt in by them, 
nor the carrying on of the business of bootblacks before 
eleven o'clock in the forenoon. 

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

Approved May 22, 1902. 



CJlClV'4:\5 ^'^ -^^^ '^^ AUTHORIZE THE CITY OF MELROSE TO MAKE AN ADDI- 
TIONAL WATER LOAN. 



Melrose Water 
Loan, Act of 
1902. 



Certain provi- 
eions of law to 
apply. 



Be it enacted, etc., as follows : 

Section 1. The city of Melrose, for the purpose of 
extending and improving its system of water works, may 
issue bonds, notes or scrip to an amount not exceeding 
fifty thousand dollars in addition to the amount which it 
is now authorized to issue. Such bonds, notes or scrip 
shall bear on their face the words, Melrose Water Loan, 
Act of 1902 ; shall be payable at the expiration of a period 
not exceeding thirty years from the date of issue ; shall 
bear a uniform date of issue ; shall bear interest payable 
semi-annually at a rate not exceeding four per cent per 
annum, and shall be signed by the treasurer and counter- 
signed by the mayor of the city. Said city may sell 
such securities at public or private sale, l)ut none of said 
bonds, notes or scrip shall be issued or sold except in 
compliance with a vote of two thirds of the board of alder- 
men of tlie city. 

Section 2. The provisions of section twelve of chap- 
ter twenty-seven of the Revised Laws, in so far as they 
relate to interest and to the establishment of sinking 
funds for debts i)ayable at a period exceeding ten years, 



Acts, 1902. — Chap. 41G. 329 

shall appl}' to debts created under the authority of this 
act. 

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

Apx>roved May 22, 1902. 

An Act to establish the district court of western n]icir),^\Q 

WORCESTER. 

Be it enacted, etc., as foUoivs : 

Section 1. The towns of Spencer, Brookfield, North ^/^fe\*'4^°"'"* 
Brookfield, West Brookfield and Warren, in the county '^^o'.'l^^ter 
of AVorcester, shall constitute a judicial district under the 
jurisdiction of a court to be called the district court of 
western Worcester. 

Section 2. Said court shall be held in the villao-e when court 

^ tDaV uG 1161(1. 

of East Brookfield, in the town of Brookfield, and may 
adjourn from there to any other place within the district 
whenever the public convenience may seem to the justice 
presiding therein to render such adjournment expedient. 

Section 3. There shall be one justice, tAvo special J^ticea, cierk, 
justices and a clerk of said court. The justice shall 
receive an annual salary of twelve hundred dollars, and 
the clerk an annual salary of six hundred dollars, to be 
paid by the county of Worcester. All the provisions 
of law applicable to district courts shall apply to said 
court. 

Section 4. Sittings of said court for criminal business sittings of 
shall be held at East Brookfield daily, except on Sundays '^°^^ ' 
and legal holidays. Sittings of said court for the trans- 
action of civil business shall be held at East Brookfield 
as required by law, and on such other days as may be 
fixed by rule of the court. 

Section 5. The first session of the court shall be held First Bession. 
on the first day of July in the year nineteen hundred and 
two ; but nothing in this act shall affect any suit or other 
proceeding begun prior to that day. 

Section 6. This act shall take effect upon its passage, when to take 
so far as relates to appointing and qualifying the justices ^^^'^*' 
and clerk of said court, and shall take full effect on the 
first day of July in the year nineteen hundred and two. 

Aj)proved May 22, 1902. 



330 Acts, 1902. — CiiATs. 417, 418, 419. 



ChapAVJ ^ ^^"^ RELATIVE TO AUTOPSIES IN STATE INSANE HOSPITALS AND 

ASYLUMS. 

Be it enacted, etc., as follows : 

^m^ndld Section 1. Chapter seventy-seven of the Revised 

Laws is hereby amended by addino; a new section after 

Autopsies in section four, as follows : — Section 6. Where the cause 

state iiisaue pii 'ii • -i ^ ^ • ^ ti 

hospitals and 01 death caiuiot otherwise be determined the chiei medical 
asy ume. officer of the institutions named in section one sliall have 

power to cause autopsies to be made upon bodies un- 
claimed by relatives or friends, before surrendering the 
same to such persons and in such manner as are specified 
in sections one and two of this act. 

Section 2. This act shall take eft'ect upon its passage. 

Ajyjiroved May 22, 1902. 

Ch(lV.4:l.S -^^ ■'^CT TO AUTHORIZE THE PETER BENT BRIGHAM HOSPITAL TO 

HOLD REAL AND PERSONAL ESTATE. 

Be it enacted, etc., as follows : 

^dVe^onff' Section 1. The Peter Bent Brigham Hospital is 

estate. hereby authorized to hold, for the purposes for which it 

was incorporated, real and personal estate to an amount 

not exceeding five million dollars in value, including the 

amount that it is already authorized by law to hold. 

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

Approved May 22, 1902. 

0/^^79.419 -^^ -^CT TO INCORPORATE THE ADAMS TRUST COMPANY. 

Be it enacted, etc., as follows : 

companyVr Section 1. Thoiiias A.Watson, Edward H. R. Revere, 
corporated. William S. Townscud, James F. Bigelow, Thomas Sanders, 
A. Le Baron Russell and John Dearborn, their associates 
and successors, are hereby made a corporation under the 
name of Adams Trust Company, with authority to estab- 
lish and maintain a safe deposit, loan and trust company 
in the city of Boston ; 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 May 22, 1902. 



Acts, 1902. — Chap. 420. 331 



An Act to authorize the proprietors of the church in (JJiavA'^iO 

BRATTLE SQUARE TO TRANSFER CERTAIN PROPERTl' TO THE 
BENEVOLENT FRATERNITY OF CHURCHES IN THE CITY OF BOSTON. 

Be it enacted, etc., as foUoivs : 

Section 1. William P. Fowler and John Capen, as Beacons and 
they are deacons and trustees of the Proprietors of the pJlfprfetore of 
Church in Brattle Square, or their successors in said office Br^aSI'e^squwe 
or offices, are hereby authorized to transfer any real or "operty^etc 
personal property which the}^ may hold as such deacons 
and trustees in trust, either on general or special trusts, 
to the Benevolent Fraternity of Churches in the city of 
Boston. And said last named corporation shall hold said 
property or the proceeds of any sales thereof in trust, for 
the general purposes of said last named corporation. 

Sectiox 2. Thomas Van Ness of Brookline, Ernest ^*fj°**g°^^''°'"' 
Jackson, Paul R. Frothingham, George G. Powers, Wil- transfer prop- 
liam P. Fowler, Courtenay Guild and Frederick O. ^ ^'^°' 
North, all of Boston, as they are the standing committee 
of the Proprietors of the Church in Brattle Square, other- 
wise known as the parish committee of the Proprietors of 
the Church in Brattle Square, or their successors in said 
office, are hereby authorized to transfer any real or per- 
sonal property which they now hold in trust, either on 
general or special trusts, as such parish committee, or 
as such standing committee of said corporation, to the 
Benevolent Fraternity of Churches in the city of Boston. 
And said last named corporation shall hold said property 
or the proceeds of any sales thereof in trust, for the 
general purposes of said last named corporation. 

Section 3, William P. Fowler, as he is the treasurer Treasurermay 
of the Proprietors of the Church in Brattle Square, or his lrty%tc.^'°^ 
successor in said office, is hereby authorized to transfer 
any real or personal property which he now holds in 
trust, either on general or special trusts, as such treas- 
urer, to the Benevolent Fraternity of Churches in the 
city of Boston. And said last named corporation shall 
hold said property or the proceeds of any sales thereof 
in trust, for the general purposes of said last named 
corporation. 

Section 4. The Proprietors of the Church in Brattle The Proprietors 
Square are hereby authorized to release and transfer all ["„ Br'atti^e'^'^*'*' 
the interest of the corporation in the property designated fel'sret^^in'*' 



:j:}2 Acts, 1902. — C^mai-s. 421, 122. 

rrop.^\y!Tt!;'!'" '" ♦■''«'' forc^roin^r H(!otionH to the. \\v,m',v()U:id Fraternity of 

Mow poworM ( 'liurclidH jfi tli(r city of lio.stoM, upon tli(! triiHls afonrsaid. 

cIkou, iSkction .). I lie, powers li(;rc.in <sr,u\U:(l sliall fx; ex- 

(ffc.i.sefl only in ('((nrorniity with tlic ficcicd of a court 

of" <!(|uity. 

Skction f). Tlii.s a(;t Hhall take. cHect upon its pa.s.sa<^c. 

Approved May 27, 1002. 

Ch(l7)A'2\ ^^ ^'''' '" Al TMOrtlZK IMF, CfTV OK l!KVKI!l-V TO INC'UIt INbEIJT- 

KDNKH.S KOIC HCIIOOI- n.KrOHK.S. 

Jic, il. ('.ii.dclr.d^ ('Jr., <lh follfiiim : 

ijovoriy Hchooi SiooTioN 1. Tlic, citv of I'x'VcHy, for tlic puri)f),4<^ of 
i.otiii, Act of . , _ •■' , : . . . 

'("•'■i- jic(|uir'in;^ land, cnu-tin^ and fur'nisliin^i; ncnv l)uildin<j^,s, 

and niakin*^ additions to tlie (txistin;^ l)uildin^s, all lor 

Holiool i)ur[)0H0H, JH hcroby authori/cid to \hhuv. from tiinn 

to tinie not(^M, bonds or sciip, to jui amount not <(xce('d- 

in^ sev(Mdy-fiv('. thousand doll.'irs, to be denominated on 

the i'iU'c thereof, H(!V(!rly Seliool Loan, A<!t of l!)()2, and 

bearin<^ intei'est at a rat(! not (ixeoodin*^ four p(!r eont 

l)<^r aniMim, payal)l(i semi-annually. 

Im'/wi'"''''* '' Sk(!TI()N 2. Sii(di not(^^, bonds or scrip shall be |)ay- 

able within such perifKJs, not exc('<'din<i^ tweid.y years 

from tlu^ir dates of Ihsuc^ as the cily council shall froiri 

time to time det<Tmino, arid, exc-e|)t as herein othei-wise 

[)['ovided, shall be issuctd in accordaruie with tlu^ piovi- 

Hions of cjijipter tw(Mity-seven of the Kcvised \ai\\h and 

of acts in amendment th(T<!of and in addition thei'cto ; 

and they shiill not bo roekoned in d(^t(!i-minin<( tlu; le<^al 

limit of indebtedness of the said <'ity. 

SiccnoM '.'}. This act shall take ((Hect upon its passa<^e. 

Approvcfl Man 27, l'J()2. 

(Jii<inA^2il An A(;t wKr^ATivK to mnicxKH in tuk ukoihtiiv op dkedh fou 

■\\\V. COIINTV OK Siri'KOMi. 

lie il riiaclcd, clr,., <l.n jh/lniii.H : 

i'iMM'n.f.Mi^""' Section thirty-one of chai)ter twenty-two of th<^ Ke- 
vised liaws is hereby anuaided by inserting after th<' 
word "Suffolk", in the lirst lino, tlie word: — all, — 
and by inseitin;^ aft(^r (he word " re^ist<^rs ", in tlu! s(U'-- 
ond line, (,h<'. words: — with or without the cons(^nt of 
the county eonunissioners, — s() as to I'ead as follows: — 

iumc'rHh'"'''"' '"<''<■' I'on :>'/. In the (^ounty of Sullolk all th(! pow(Ts and 



Acrrs, 1902. — (Iiiai's. 121^, 121. ;{;{;{ 

diiti(\s ('xcrciscMl in other counlics by Mi<' rcnistcrs, wiili Mnrioiucoimty, 
or without ih(^ consciil, oC iJic coiinlv coiiiiuissioiicrs, uiuh-r tm'mVci'c. '*' 
the |H'ovisioMS <if sections twciit y-«Mi;ht and twenty-nine 
shall l)(^ extTcised by a board of l.hree indivv connnission- 
ers, one of whom shall ajunially, in March, be appointi-d 
by a. niajoril \ ol" the justices ol" the su|>erior court., l"or a 
term ol' Uu-ec years bci^innin^- with the liisl, day ol" Api'il 
(ollowinii^. The nuMnbcis ol" said boai'd shall scry*' with- 
out pay. A ('ommissioru'i' may be I'cmoyed by said Jus- 
lic(>s for cause, and a. vacancy shall be lilled by tln^m for 
lh(^ umrx[)ire(l term. .\i>i>n>r<'d Mai/ 27, l'J(f2. 

An Act uki.ativr to ukkdm civkn itv tax coi.i.r.cToii'S, VJnm I'^'i 

He il. OKU'lcil., ('/<',., (IS fdlloins : 

SKfvnoN I. Section fortx-thrce of elia|)ter tJiirt«'en of '<•'•"•>.§';'. 
th<> I\e\ ised liawH is hereby amended by strikiui;' out all 
after the word "sah^", in the (deveid.h lin(\ so as to read 
as rollows: — Section 7.V. 'The collector shall executo noiMiHofimui 
and (hdiver to the purchaser a (h^ed of the land, whicli LVcifiuwlorHin 
shall sl,at(i the (vmse of sales th(^ price for which t,he la.nd ;;;;;''^'" ''"^''«. 
was sold, the name of tJie person on whom the demand 
for the tax was made, the placcis where t.lx^ notices were 
])OHto(l, the iia.m(> ol" tin^ newspaper in which the a(l\<'i- 
tisenuMit. of the sah^ was published, and the residence of 
the <!;i'antee, and shall contain a warianty that the sale 
has in all |)arti(Mdars b<^en condiK^t.ed aceordimj^ t.o law. 
'V\\v (h'cd shall conv(^y, subject to tJie rii^ht of redemp- 
tion, all tiu". riij^ht. and intcHNst. which the owner had in 
t,he land when it was taken for his taxes. Such deed 
shall not be valid unless rcM-orded w ithin Ihirt \' days al'tci' 
the sale. 

SiocrrioN 2. This act shall take cirecti upon its passage. 

Alipnm'd May 27, 1002. 



C/nq>A2i 



An A(rr to authokizk tiik town ok hoiitu uadi.kv to <ii{ANT /ii 

TUK IISIO OK OKUTAIN I,ANI> KOU A KKKK rilllLK! I.nsUAHV. 

lie it enacted, etc., as follnirs : 

SiooTioN I. Th(^ t.own of South TFadley is liereby (.".ituiiiimwi in 
uut.hori/ed to <^rant the use of th<^ land of l\\(\ old i;rav<'- ma'y'i',,!','iH,'Mr^ 
yard, so-e-alled, situat.ed near the centre of said town, as [Jl,'r,"ry ""''''''''*' 
a site for a library to b(^ built and contprcdlcd by a librai'y 
asHociatiou ori;aui/<Hi under the ircneral laws of tlio Com- 



334 



Acts, 1902. — Chaps. 425, 426. 



When to take 

effect. 



monwealth, whenever the human remains shall be removed 
from said graveyard under authority granted by chapter 
one hundred and seventy-six of the acts of the year eight- 
een hundred and ninety-seven. This use shall continue 
so long as said library shall be maintained as a free library 
for the use of the inhabitants of said town, and shall cease 
whenever said land shall cease to be used for said purpose. 
Section 2. This act shall take effect when accepted 
by a majority of the voters of said town present and vot- 
ing thereon at any annual town meeting or at any special 
town meeting called for the purpose. 

A2)2)roved May 27, 1902. 



Chap 



Part of south- 
erlj' shore of 
South Boston 
to be dredged. 



.425 ^^ ^^'^ "^^ DIRECT THE BOAKD OF HARBOR AND LAND COMMIS- 
SIONERS TO DREDGE A PART OF THE SOUTHERLY SHORE OF 
SOUTH BOSTON, 

Be it enacted, etc., as folloivs : 

Section 1. The board of harbor and land commis- 
sioners is hereby instructed to dredge off the southerly 
shore of South Boston, within and without the harbor 
lines in its discretion, to a depth not exceeding twelve 
feet at mean low water. Any damages caused thereby 
may be recovered from the Commonwealth by the owner 



Amount which 
may be ex- 
pended. 



or owners of the land so dredged in an action of contract. 

Section 2. The said board is hereby authorized to 
expend for the purposes of this act a sum not exceeding 
one hundred thousand dollars, during the four years nine- 
teen hundred and two, nineteen hundred and three, nine- 
teen hundred and four and nineteen hundred and five, but 
not more than twenty-five thousand dollars shall be ex- 
pended in any one year. 

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

Approved May 28, 1902. 



Gh(l'P.4:2lQ -^^ -^^^ '^^ AUTHORIZE THE TOWN OF WINCHESTER TO INCUR IN- 
DEBTEDNESS FOR SCHOOL PURPOSES, BEYOND THE LIMIT FIXED 
BY LAW. 

Be it enacted, etc., as follows: 

JheTt"erL^^* SECTION 1. The town of Winchester, for the purposes 
incur indebted- gf erecting and furnishinof a hig-h school buildins: and of 

nesB lor school O _ G is C _ 

purposes. building, altering, repairing and furnishing other build- 
ings used for school purposes, may incur indebtedness 



Acts, 1902. — Chaps. 427, 428. 335 

beyond the limit fixed by law, to an amount not exceed- 
ing one hundred and twenty-five thousand dollars. 

Section 2. For the purposes aforesaid the town is Townofwin- 
authorized to issue from time to time to an amount not Lotn!'^ 
exceeding one hundred and twenty-five thousand dollars, 
negotiable notes, bonds or scrip, the same to be denomi- 
nated, Town of Winchester School Loan, and to be pay- 
able at periods of not more than tliirty years from their 
respective dates. Said bonds shall bear interest at a rate 
not exceeding four per cent per annum and shall be signed 
by the treasurer and countersigned by the selectmen of the 
town. The town may sell such securities at public or pri- 
vate sale, or pledge the same for money borrowed for the 
purposes of this act, upon such terms and conditions as it 
deems proper : i^rovided, that said securities shall not be Proviso. 
sold or pledged for less than the par value thereof and 
the accrued interest. 

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

Approved May 28, 1902. 

An Act to authorize the city of boston to pay a cektain (7/^^« 427 

SUM of money to HANNAH A. RUSSELL. 

Be it enacted, etc., as follows : 

Section 1. The city of Boston is hereby authorized to cuy of Boston 
pay to Hannah A. Russell, widow of Solomon P. Russell tefne^fmo/"' 
late a lieutenant of the fire department of that city, a "X*lvo°f 
sum of money not exceeding one half of the annual sal- lugg™^'*^' 
ary of said Solomon P. Russell : provided, that such sum proviso, 
shall not exceed the amount to which he would have been 
entitled if he had lived and continued to serve as such 
employee until the first day of February next succeeding 
the date of his death. 

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

Approved June 3, 1902. 

An Act to authorize the town op rockport to make an ni^fjj) 49ft 
additional water loan. ^ * 

Be it enacted, etc., as follows : 

Section 1. The town of Rockport, for the purposes Rockport 
mentioned in section five of chapter seventy-eight of the "^^terLoan. 
acts of the year eighteen hundred and ninety-four, may 
issue bonds, notes or scrip to be denominated on the face 



336 Acts, 1902. — Chaps. 429, 430, 431. 

thereof, Rockport Water Loan, to an amount not ox- 
ceedini>; twenty-five thousand doHars, in addition to the 
amount heretofore aiitiiorized by law to be issued by the 
town for tlie same purposes. Sueli bonds, notes and serip 
shall be issued upon the same terms and eonditions, and 
with the same powers as are provided in said ehapter 
seventy-eight of the acts of the 3^ear eighteen hundred 
and ninety-four. 

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

Approved June 3, 1902. 

ChciV 429 "^ ^^"^ '^^ AUTHORIZE THE WORCESTER MASONIC CHARITY AND 
EDUCATIONAL ASSOCIATION TO SELL AND CONVEY CERTAIN VACANT 
LAND. 

Be it enacted, etc., as follows : 
May sell and SECTION 1. Tlic Worccstcr Masouic Charity and Edu- 

convey certain -ia ...,, t ^^ ^ 

land. cational Association is hereby empowered to sell and con- 

vey the vacant land noAV held l)y it, situated on Beacon 
street and Mower avenue, in the city of Worcester, 
Section 2. This act shall take effect upon its passage. 

Approved June 5, 1902. 

C%tt^).430 "'^^ ^^^ RELATIVE TO THE INSIGNIA OF LABOR UNIONS, 

Be it enacted, etc., as follows : 

uuauthorfz'ed Whocvcr, Rot being a member of a labor union, wil- 

use, etc., of fuUv wcars or uses the insignia, distinctive ribbons, or 

insignia of ^ ^ n c ^ c 

labor unions, membership rosette or button thereoi, lor the purpose of 
representing that he is a member thereof, if such insignia, 
distinctive ribbons or membership rosette or button have 
been registered in the office of the secretary of the Com- 
monwealth, shall be punished by a fine of not more than 
twenty dollars or by imprisonment for not more than 
thirty days, or by both such fine and imprisonment. 

Approved June 5, 1902. 

CJlClvA'dl ^^ ^^^ ^^ AUTHORIZE THE DISSOLUTION OF THE CORPORATION 
KNOWN AS THE PUOPRIETOUS OF THE AVASHINGTON STREET 
CHRISTIAN MEETING-HOUSE IN FAIRHAVEN AND A CONVEYANCE 
OF ITS PROPERTY TO THE UNITARIAN SOCIETY OF FAIRHAVEN. 

Be it enacted, etc., as follows : 

l^tofTJ"' Section 1. The Proprietors of the Washington street 

Washington Christian Meeting-IIouse in Fairhaven, a religious cor- 



Acts, 1902. — Chap. 431. 337 

poration located in Fairhaven in tlie county of Bristol, MeethigJioulT 
is hereby authorized to convey to The Unitarian Society j^'/^come'''^ 
of Fairhaven, a relimous corporation also located in Fair- certain property 

-,-,,^ ,'■, ., .. to the I'liitiinaii 

haven, all the real estate and other property, rio;hts, privi- society of 

1 in 1. /'jiz'j 1 ""v- Fairhaven, etc. 

leges and iranclnses oi the hrst named cor})oration now 
held by the members thereof as tenants in common, by a 
deed of conveyance to be authorized by a three fourths 
vote of the members of said corporation present and voting 
at a meeting duly called for that purpose by publishing 
a notice thereof for ten consecutive days in some news- 
paper published in the county of Bristol, and by posting 
a copy of the notice on the outer door of the meeting 
house of said corporation at least ten days prior to the 
date of the meeting. Such conveyance to be valid shall 
be accepted by a three fourths vote of the members of 
The Unitarian Society of Fairhaven, present and voting 
at a legal meeting thereof authorizing its acceptance in 
writing in behalf of the corporation upon the conditions 
of this act. Upon the execution of such conveyance, 
and the recording thereof in the registry of deeds for the 
southern district of Bristol county, the said corporation 
of the Proprietors of the Washington street Christian 
Meeting-House in Fairhaven shall thereby be dissolved, 
and all its rights, powers, privileges and property shall 
be vested in The Unitarian Society of Fairhaven, subject 
to the same uses and trusts as when they were held by 
said first named corporation ; and The Unitarian Society 
of Fairhaven shall thereby assume all the liabilities and 
obligations of the Proprietors of the Washington street 
Christian Meetino'-House in Fairhaven. 

Section 2. Any person aggrieved by the provisions Damages. 
of this act may at any time, within six months after the 
conveyance aforesaid has been duly recorded, apply by 
petition to the superior court for the county of Bristol to 
have his damages, if any, determined by a jury therein, 
or by and under the direction of said court ; and all dam- 
ages so awarded, with the costs of suit attending such 
award, shall be paid by The Unitarian Society of Fak'- 
haven . 

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

Approved June 3, 1902. 



338 



Acts, 1902. — Chap. 432. 



K. L. in,§8, 
amended. 



Railroad com- 
missioners, 
clerks, ex- 
perts, etc. 



C7ittW.432 -^^ '^^'^ ^*^ AUTHORIZE THE 150ARD OF RAILROAD COMMISSIONERS 

TO EMPLOY EXPERTS. 

Be it enacted, etc., as folloivs : 

Section 1. Section eight of chapter one hundred and 
eleven of the Revised Laws is hereby amended by insert- 
ing after the word "sixty-nine", in the twenty-second 
line, the words : — and may, whenever in its opinion the 
public interests require, in connection with any proposed 
issue of stock or bonds by a railroad or street railway 
company, employ competent experts to investigate the 
character, cost and value for railroad or railway purposes 
of the property of such company, — so as to read as fol- 
lows : — jSection 8. There shall be a board of railroad 
commissioners consisting of three competent persons, 
one of whom shall annually, before the first day of July, 
be appointed by the governor, with the advice and con- 
sent of the council, for a term of three years from said 
day. The board shall have a clerk, who shall be ap- 
pointed by the governor, who shall keep a full and faith- 
ful record of its proceedings and who shall serve such 
notices as the commissioners may require. The board 
may employ an assistant clerk, who shall perform such 
clerical and other office work as the board may require 
and who, in the absence or during the disabilit}'^ of the 
clerk, may, if so directed by the board, perform his 
.duties. The board may employ an accountant, skilled 
in the methods of railroad accounting, who shall, under 
its direction, supervise the method by which the accounts 
of corporations operating railroads or street railways are 
kept. The board may from time to time if, in its opinion 
it is necessary, api)oint competent railroad and railway 
inspectors, not exceeding one for every one thousand 
miles of railroad track, each for a term of tlu'ee years, 
and may for cause remove any such inspector and appoint 
another in his place. Appointments to fill a vacancy 
shall be for the residue of the unexpired term. It shall 
appoint one or more competent experts to examine the 
reports required by section one hundred and sixty-nine, 
and may, Avhenever in its opinion the public interests 
require, in connection with any proposed issue of stock 
or bonds by a railroad or street railway company, employ 
competent experts to investigate the character, cost and 



Acts, 1902. — Chap. 433. 339 

value for railroad or railway purposes of the property 
of such company. The commissioners and clerk shall 
be sworn before entering upon the performance of 
their duties and shall not be in the employ of or own 
stock in a railroad corporation or street railway company, 
nor shall they personally, or through a partner or agent, 
render any professional service or make or perform any 
business contract with or for a railroad or street railway 
corporation chartered under the laAvs of this Common- 
wealth, except contracts made with them as common 
carriers, nor shall they, directly or indirectly, receive a 
commission, bonus, discount, present or reward from any 
such corporation. 

Section 2. Section ten of chapter one hundred and R-L-iii.§io, 

i I amended. 

eleven of the Revised Laws is hereby amended by striking 
out the word " section ", in the fourth line, and inserting 
in place thereof the words : — sections eight and, — so as 
to read as follows : — Section 10. The annual expenses Railroad com- 
of the board, including the salaries of the commissioners, ^lariesfex- 
clerk, assistant clerk, the compensation of the account- peuees, etc. 
ant, the expenses incurred under the provisions of 
sections eight and one hundred and sixty-nine, the inci- 
dental expenses of the board and the salaries and expenses 
of the railroad and railway inspectors shall be apportioned 
by the tax commissioner among the several railroad and 
street railway corporations and, on or before the first 
day of July in each year, he shall assess upon each of 
said corporations its share of such expenses, in proportion 
to its gross earnings from the transportation of persons 
and property for the year last preceding the year in which 
the assessment is made ; and such assessments shall be 
collected in the same manner as taxes upon corporations. 
Section 3. This act shall take effect upon its passage. 

Approved June 3, 1902. 



Cha2)A33 



An Act to provide for reimbursing certain towns for ex- 
penses INCURRED IN FURNISHING HIGH SCHOOL INSTRUCTION. 

Be it enacted, etc., as folloivs : 

Section three of chapter forty-two of the Revised Laws r. L.42, §3, 
is hereby amended by striking out all after the word »™®'^^^'^- 
"tuition", in the seventeenth line, and inserting in place 
thereof the following : — A town whose valuation is less 
than seven hundred and fifty thousand dollars shall be 



340 



Acts, 1902. — Chap. 433. 



R. I.. 42, § 3, 
amended. 



Tuition of 
children in 
towns having 
no high Bchool, 
etc. 



entitled to receive from the treasury of the Commonwealth 
all ncccssar}^ amounts, and a town avIio.so valuation exceeds 
seven hundred and fifty thousand dollars, but whose num- 
ber of families is less than five hundred, shall be entitled 
to receive from the treasurj^ of the Connnonwealth half 
of all necessary amounts wdiicli have actually been ex- 
pended for high school tuition under the provisions of 
this section : provided^ that such expenditure shall be 
certified under oath to the board of education by its school 
committee within thirty days after the date of such ex- 
penditure ; but, if a town of less than five hundred 
families maintains a high school of its own of the character 
described in section two of this chapter and employs at 
least two teachers therein, it shall be entitled to receive 
annually from the treasury of the Commonwealth to\vard 
the support of such high school the sum of three hundred 
dollars. No town the valuation of which averages a 
larger sum for each pupil in the average membership of 
its public schools than the corresponding average for the 
Commonwealth shall receive money from the Connnon- 
w^ealth under the provisions of this section ; and no ex- 
penditure shall be made by the Commonwealth on account 
of high school instruction under the provisions of this 
section unless the liiij-h school in which such instruction 
is furnished has been approved by the board of education, 
— so as to read as follows : — Section 3. A town of less 
than five hundred families or householders in which a 
public high school or a public school of corresponding 
grade is not maintained shall pay for the tuition of any 
child who resides in said town and who, with the previous 
approval of the school committee of his town, attends 
the high school of another town or city. If such town 
neglects or refuses to pay for such tuition, it shall be 
liable therefor to the parent or guardian of a child who 
has been furnished with such tuition if the parent or 
guardian has paid for the same, and otherwise to the city 
or town furnishing the same, in an action of contract. 
If the school committee of a town in which a public high 
school or i)ublic school of corresponding gmde is not 
maintained refuses, upon the completion by a pupil resi- 
dent therein of the course of study provided by it, to 
ai)prove his attendance in the high school of some other 
city or town which he, in the opinion of the superintend- 
ent of schools of the town in which he is resident is 



Acts, 1902.— Chap. 434. 341 

qualified to enter, the town shall be liable in an action 
of contract for his tuition. A town whose valuation is 
less than seven hundred and fifty thousand dollars shall 
be entitled to receive from the treasury of the Common- 
wealth all necessary amounts, and a town whose valuation 
exceeds seven hundred and fifty thousand dollars, but 
whose number of families is less than five hundred, shall 
be entitled to receive from the treasury of the Common- 
wealth half of all necessary amounts which have actually 
been expended for high school tuition under the provisions 
of this section : provided, that such expenditure shall be Proviso, 
certified under oath to the board of education by its 
school committee within thirty days after the date of 
such expenditure ; but, if a town of less than five hun- 
dred families maintains a high school of its own of the 
character described in section two of this chapter and 
employs at-least two teachers therein, it shall be entitled 
to receive annually from the treasury of the Common- 
wealth toward the support of such high school the sum 
of three hundred dollars. No town the valuation of 
which averages a larger sum for each pupil in the average 
membership of its public schools than the corresponding 
average for the Commonwealth shall receive money from 
the Commonwealth under the provisions of this section ; 
and no expenditure shall be made by the Commonwealth 
on account of high school instruction under the provisions 
of this section unless the high school in which such 
instruction is furnished has been approved by the board 
of education. Approved June 5, 1902. 

An Act to provide for improvements and additions at f^h^.y. 4^4- 

CERTAIN STATE INSTITUTIONS. ^ 

Be it enacted, etc., as folloios : 

Section 1. To provide funds for the construction prisons and 
and enlargement of certain public buildings hereinafter hospitals Loan, 
named, and for the proper keeping of the insane and 
others committed to the care of the Commonwealth, the 
treasurer and receiver general is hereby authorized, with 
the approval of the governor and council, to issue scrip 
or certificates of indebtedness to an amount not exce<^ding 
five hundred and fifty-six thousand eight hundred dollars 
for a term not exceeding thirty years. Such scrip or 
certificates of indebtedness shall be issued as registered 



342 



Acts, 1902. — Chap. 434. 



Prisons and 
Hospitals Loan. 



Sinking fund. 



Danvers insane 
hospital. 



bonds, and shall bear interest at a rate not exceeding 
four per cent per annum, payable semi-annually on the 
jSrst days of May and November. They shall be des- 
ignated on the face thereof as the Prisons and Hospitals 
Loan, shall be countersigned by the governor, shall be 
deemed a pledge of the faith and credit of the Common- 
wealth, and the principal and interest shall be paid at 
the times specified therein, in gold coin of the United 
States or its equivalent. Such scrip or certificates of 
indebtedness shall be disposed of at public auction, or in 
such other mode, and at such times and prices, and in 
such amounts, and shall bear such rates of interest, not 
exceeding four per cent per annum, as shall be deemed 
for the best interests of the Commonwealth. The sinking 
fund established by chapter three hundred and ninety-one 
of the acts of the year eighteen hundred and seventy-four, 
known as the Prison and Hospital Loan Sinking Fund, 
shall also be maintained for the purpose of extinguishing 
bonds issued under the authority of this act ; and the 
treasurer and receiver general shall apportion thereto 
from year to year an amount sufficient with the accumu- 
lations of said fund to extinguish at maturity the debt 
incurred by the issue of said bonds. The amount neces- 
sary to meet the annual sinking fund requirements and 
to pay the interest on said bonds shall be raised by 
taxation from year to year. 

Section 2 . From said loan expenditures may be made 
as follows : — By the trustees of the Danvers insane hos- 
pital, a sum not exceeding seventy-eight thousand eight 
hundred dollars, for the following purposes : — For build- 
ings for female patients, a sum not exceeding fifty thousand 
dollars ; for land, a sum not exceeding thirteen thousand 
dollars ; for a new ice house, a sum not exceeding sixteen 
hundred dollars ; for renewing plumbing in front and rear 
centre buildings, and for a new asphalt floor and other 
repairs in the basement of said buildings, a sum not ex- 
ceeding four thousand dollars ; for reconstructing the old 
laundry room and for enlarging the kitchen, a sum not 
exceeding three thousand dollars ; for reconstructing the 
old seed house and fiirm house, a sum not exceeding 
thirty-five hundred dollars ; for two electric motors, a 
sum not exceeding tw(dve hundred dollars ; and for com- 
pleting outside repairs of the main buildings, a sum not 
exceeding twenty-five hundred dollars. By the trustees 



Acts, 1902. — Chap. 434. 343 

of the Massachusetts School for the Feeble-minded, a sum Massachusetts 
not exceeding one hundred and thirty thousand dollars, FeebiemLded. 
for the following purposes : — For two dormitories of 
sufficient capacity to accommodate one hundred and 
eighty inmates, and for furnishing the same, for additions 
to the present electric lighting and heating plants, and 
for an addition to the administration building, so-called, 
a sum not exceeding ninety -five thousand dollars ; and for 
the purchase of additional land for the use of said institu- 
tion, such purchase to be subject to the approval of the 
governor and council, a sum not exceeding thirty-five 
thousand dollars. By the trustees of the state colony for state colony for 
the insane, a sum not exceeding one hundred and seventy- **'®*°^*°®- 
five thousand dollars, for the following purposes : — For 
the erection of a receiving ward for the accommodation of 
one hundred patients, and for equipping and furnishing 
the same, for the installation of a water supply and power 
plant, for the erection of a storehouse and such minor 
buildings as may be necessary, for the purchase of horses, 
stock and farming tools, and for the preparation of a 
tract of land for the reception and care of said colony, a 
sum not exceeding one hundred thousand dollars ; and 
for refunding to the treasury of the Commonwealth such 
amounts as have heretofore been appropriated and ex- 
pended for the purchase of land and construction of build- 
ings for the state colony for the insane, a sum not 
exceeding seventy-five thousand dollars. By the trustees state hospital. 
of the state hospital, a sum not exceeding eighty thou- 
sand dollars, for the following purposes : — For a build- 
ing for insane women, a sum not exceeding sixty thousand 
dollars ; for improving and extending the sewerage system, 
a sum not exceeding twelve thousand dollars ; and for a 
building for surgical operations, a sum not exceeding 
eight thousand dollars. By the trustees of the Worcester Worcester in- 
insane asylum, a sum not exceeding twenty-five thousand ^ane asylum. 
dollars, to be expended by the trustees, with the approval 
of the state board of insanity, for the purchase of not less 
than five hundred acres of land for the use of said asylum. 
By the trustees of the "Westborough insane hospital, a westborough 
sum not exceeding sixty-eight thousand dollars, for the ^°^^°*^ ^'''^''^^^ 
following purposes : — For constructing and furnishing a 
building for one hundred women patients, a sum not ex- 
ceeding fifty thousand dollars ; for improvements of the 
heating machinery, a sum not exceeding five thousand 



eBtabliehments. 



3M Acts, 1902. — Chap. 435. 

dollars ; for extension of the sewerage system, a sum not 
exceeding eight thousand dollars ; and for alterations in 
the main building to provide rooms for pathological and 
surgical work, a sum not exceeding five thousand dollars. 
Section 3. This act shall take effect upon its passage. 

Approved June 5, 1902. 

QJiar).4:35 ^^ ^'^'^ relative to the employment of women and children 

IN MANUFACTUKING AND MECHANICAL ESTABLISHMENTS. 

Be it enacted, etc., as follows : 
R. L.iofi, §24, Section 1. Section twenty-four of chapter one hun- 

amenaeu. , , ^^ , '■ 

dred and six of the Revised Laws is hereby amended by 
striking out the words " for a longer time in a day than 
that so stated ", in the seventeenth line, and inserting in 
place thereof the words : — at any time other than as 
stated in said printed notice, — so as to read as follows : 
Employment of — Section 24. No child under eiohteen years of age and 

women and i i, i ,.,".. 5^ 

children in no woiiian sliall be employed m laboring m a manuiactur- 
and mechanical ing or mcclianical establishment more than ten hours in 
any one day, except as hereinafter provided in this sec- 
tion, unless a different apportionment of the hours of 
labor is made for the sole purpose of making a shorter 
day's work for one da}^ of the week ; and in no case shall 
the hours of labor exceed fifty-eight in a week. Every 
employer shall post in a conspicuous place in every room 
in which such persons are employed a printed notice stat- 
ing the number of hours' work required of them on each 
day of the week, the hours of commencing and stopping 
work, and the hours when the time allowed for meals 
begins and ends or, in the case of establishments exempted 
from the provisions of sections thirty-six and thirty-seven, 
the time, if any, allowed for meals. The printed forms 
of such notices shall be provided by the chief of the 
district police, after approval by the attorney-general. 
The employment of such person at any time other than 
as stated in said printed notice shall be deemed a viola- 
tion of the provisions of this section unless it appears 
that sucli employment was to make up time lost on a 
previous day of the same week in consequence of the 
stopi)ing of machinery upon which he was employed or 
dependent for cnn)lo3mient ; but no sto})ping of machinery 
for less than thirty consecutive minut(^s sliall justify such 
overtime employment, nor shall such overtime employ- 



Acts, 1902. — Chaps. 436, 437. 345 

ment be authorized until a -vvTitten report of the day and 
hour of its occurrence and its duration is sent to the chief 
of the district police or to an inspector of factories and 
public buildings. 

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

Approved June 5, 1902. 

An Act to establish the salary of the sherife of the county njiaq) 43(^ 

OF PLYMOUTH. ^ 

Be it enacted, etc., as foUoios : 

Section 1. The salary of the sheriff of the county of saiary of sheriff 

'' "^01 1 lymouth 

Plymouth shall be fifteen hundred dollars a year, and he county estab- 

shall also be allowed his travelling expenses necessarily 

incurred in the performance of his official duties to an 

amount not exceeding three hundred dollars a year. 

Said salar}^ and travelling expenses shall be allowed from 

the first day of July in the year nineteen hundred and 

two. 

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

Approved June 5, 1902. 



llshed, etc. 



ChapA^l 



An Act to provide annuities for the widows and minor 
children of members ok police departments of certain 
cities. 

Be it enacted, etc., as folloios : 

Section 1 . It shall be lawful for an}^ city except Bos- certain cities 
ton to pay an annuity not exceeding four hundred dollars ^^fuuiesfor 
a year to or for the benefit of the widow, so long as she the benefit of 

-' _ ' o widows, etc., of 

remains unmarried, or for the benefit of the children, so membeisof 
long as such children or any of them remain under the meuts. 
age of sixteen years, of any member of the police depart- 
ment of the city who dies from injuries received while in 
the discharge of his duty as such member. But such pay- 
ment shall be made only in cases where, first, it shall be 
proved to the satisfaction of the city government that the 
injury in question was received by the deceased member 
while in the exercise of due care in the discharge of his 
duty as such member, and, secondly, the city physician, 
if there be one, and two other reputable physicians of the 
city, shall certify that the death was the direct result of 
the said injury. The mayor and aldermen may from time 
to time determine the amount of any such annuity, which 



346 



Acts, 1902. — Chap. 438. 



When to take 
effect. 



shall in no case exceed the sum of four hundred dollars a 
year on account of any one death. 

Section 2. This act shall take elFect in any city to 
which it applies when accepted by vote of the city coun- 
cil thereof; otherwise it shall not take efl'ect. 

Approved June 3, 1902. 



ChajjASS 



state board of 
publication, 
appointment, 
terms, etc. 



To examine 
and define form, 
etc., of certain 
reports, etc. 



Public officers, 
etc., may make 
certain special 
reports. 



An Act to establish a state boaku of publication. 
Be it enacted, etc., as folloios : 

Section 1. A state board of publication is hereby 
created, to be composed of tliree persons from difl'erent 
branches of the public service, who shall be appointed by 
the governor wdth the advice and consent of the council. 
One member shall be appointed for the term of three 
3^ears, one for the term of tw^o years and one for the term 
of one year, and thereafter one person shall be appointed 
annually to serve for the term of three years. No person 
shall remain a member of the board after his retirement 
from the branch of the public service from which he was 
appointed, and the members of the board may be re- 
moved at any time by the governor. The members of 
the board shall receive no compensation for their services, 
but may expend not more than three hundred dollars 
annually for such travelling, clerical and other necessary 
expenses as the governor and council approve ; and shall 
annually in January make a report to the general court, 
with such recommendations and suggestions as they deem 
expedient. 

Section 2. It shall be the duty of the said board to 
examine the annual reports and all special reports and 
other documents issued by or on behalf of the Com- 
monwealth by any public officer, board or commission, 
and to define the form and extent thereof, as hereinafter 
provided. But this act shall not apply to publications 
issued by the officers of either branch of the general 
court, or issued under authority of the general court, 
nor to the regular annual reports of the attorney-general, 
of the treasurer and receiver general, of the auditor, or 
of the secretary of the Commonwealth, or to publications 
prepared by the secretary in conformity with sections one 
and three of chapter nine of the Revised Laws. 

Section 8. Public officers, boards or commissions 
may, in addition to their annual reports, make such 



Acts, 1902. — Chap. 439. 347 

special reports as shall be deemed by the state board 
of publication to be of practical utility. 

Section 4. All boards or commissions before enter- no report to be 
ing upon the preparation of any publication shall submit the approval 
to the state board of publication careful statements of board of'Vub- 
the scope, and estimates of the size, of such publication, i**^'**^""- 
The said board shall have power to determine the num- 
ber of pages to which any such report may extend, and 
to determine whether it shall include maps, plans, pho- 
togravures, woodcuts or other illustrations ; and no such 
report shall be printed unless it bears the certified ap- 
proval of the state board of publication. 

Section 5. After the first day of April in the year Payment of 
nineteen hundred and three the cost of printing and etc. ° ^^^ ^^' 
publishing every such report or other document shall 
be charged to and paid from the appropriation of the 
department from which it is issued. 

Section 6. Appeal may be taken from the decision Appeal, 
of the state board of publication to the governor and 
council, whose decision shall be final. 

Section 7. Sections ten and eleven of chapter one Kepeai. 
hundred and seven of the Revised Laws, section six of 
chapter nine of the Revised Laws, and so much of sec- 
tion seven of said chapter as refers to maps, plans, pho- 
togravures, woodcuts or other pictorial illustrations, are 
hereby repealed. 

Section 8. This act shall take effect upon its passage. 

Approved June 5, 1902. 

An Act to authorize the great bakrington fire district to njif^rr^ 4S9 

SUPPLY THE inhabitants OF THE TOWN OF EGREMONT WITH ^ ' 

WATER. 

.Be it enacted^ etc.^ as foUoivs : 

Section 1 . The Great Barrington Fire District may The Great 
supply the inhabitants of the town of Egremont with Dut'n'cf m^y "^^ 
water for the extinguishment of fires and for domestic town^o/Egre- 
and other purposes, and may construct and lay conduits, ™atl*r^"'* 
pipes and other works, under or over any lands, water 
courses, railroads, railways and public or private ways, 
and along any such ways in the town of Egremont in 
such manner as not unnecessarily to obstruct the same ; 
and for the purpose of constructing, maintaining and re- 
pairing such conduits, pipes and other works, and for all 



348 



Acts, 1902. — Chap. 440. 



Proviso. 



May dintrilnite 
water, fix and 
collect rates, 
etc. 



Certain rights 
of town not 
affected. 



When to take 
effect, etc. 



proper purposes of this act, the Great Barrington Fire 
District may enter upon and dig up any such lands and 
ways : provided, however, that the said fire district shall 
not enter upon or dig up any public way in the town of 
Egreniont, except with the consent of the board of select- 
men thereof; and the said fire district shall restore to the 
satisfaction of the selectmen of the said town the public 
ways dug up or otherwise disturbed therein, and shall 
pay all damages sustained by any person in consequence 
of any act or neglect upon the part of the Great Barring- 
ton Fire District, its agents or employees, in digging up 
or otherwise disturbing any lands or public or private 
ways within the town of Egreniont. 

Section 2. The Great Barrington Fire District may 
distribute water tlirough the town of Egremont or any 
part thereof, and may regulate the use of such water and 
fix and collect rates for the use of the same ; and the 
town of Egremont or any fire district now or hereafter 
established therein, or any individual or corporation, may 
make such contract with the Great Barrington Fire Dis- 
trict for the extinguishment of fires and for other pur- 
poses as may be agreed upon between said town, fire 
district, individual or corporation, and the Great Barring- 
ton Fire District ; and the said fire district may establish 
and maintain fountains and h3^drants in the toAvn of Egre- 
mont and relocate or discontinue the same. 

kSECTiON 3. Nothing contained in this act shall be con- 
strued to prevent or hinder the town of Egremont from 
hereafter establishing a system of public water works of 
its own or from obtaining a supply of water for the use 
of its inhabitants from some other source than said Great 
Barrington Fire District. 

Section 4. This act shall take effect upon its passage, 
but shall become void unless the Great Barrington Fire 
District shall begin to distribute water through its pipes 
to consumers in the town of Egremont within three years 
after the date of the passage of this act. 

Approved June 5, 1902. 



dl(ip.4A0 ^N ^^"^ RELATIVE TO THE ABOLITION OF GRADE CROSSINGS. 

Be it enacted, etc., as follotvs : 

Section 1 . Section one hundred and forty-nine of 
chapter one hundred and eleven of the Revised Laws is 



R. L. ni, § 149, 
amended. 



Acts, 1902. — Chap. 440. 349 



hereby amended by inserting after tlie word " corpora- 
tion ", in the third line, the words : — or the directors of 
a street railway company having a location in that part 
of the public way where such crossing exists, — also by 
adding at the end of said section the words : — Upon all 
petitions hereafter filed, and upon all now pending, on 
which no commission has been appointed, for the aboli- 
tion, discontinuance or alteration of grade crossings, in 
cases where any street railway company has tracks duly 
located in that part of the public way in which the cross- 
ing or crossings sought to be abolished, discontinued or 
altered, are situated, such street railway company shall 
be made a party and entitled to be heard as such, — so 
as to read as follows: — /Section 149. The mayor and commission to 
aldermen of a city or the selectmen of a town in which a croBBingB, ap- 

!,• •■ 1 -11 iji 1 poiutmeut, etc. 

public or private way and a railroad cross each other at 
grade, the directors of the railroad corporation, or the 
directors of a street railway company having a location 
in that part of the public way where such crossing exists, 
or, upon instructions from the governor and council given 
after notice to parties interested and a hearing, the 
attorney-general, may file a petition in the superior court 
stating that the petitioners are of opinion that it is neces- 
sary for the security and convenience of the public that 
an alteration should be so made in such crossing, in the 
approaches thereto, in the location of the railroad or pub- 
lic or private way, or in the grades thereof, as to avoid 
a crossing at grade, or that such crossing should be dis- 
continued with or without building a new way in sub- 
stitution therefor. The superior court shall thereupon 
have jurisdiction in equity, after notice by the petitioner 
to the board of railroad commissioners of the entry, of 
such petition, and after such notice by advertisement or 
otherwise as the court shall order and a hearing, in its 
discretion, to appoint a commission of three disinterested 
persons. Upon all petitions hereafter tiled, and upon all 
now pending on which no commission has been appointed, 
for the abolition, discontinuance or alteration of grade 
crossings, in cases where any street railway company has 
tracks duly located in that part of the public way in 
which the crossing or crossings sought to be abolished, 
discontinued or altered, are situated, such street raihvay 
company shall be made a party and entitled to bo heard 
as such. 



350 Acts, 1902. — Chap. 440. 

R. L.iii,§ 151, Section 2. Section one hundred and fifty-one of said 

amended. iiiti -ii ii, 

chapter one hundred and eleven is hereby amended by 
inserting after the word " construction ", in the eleventli 
line, the words: — the actual cost to the street railway 
company of changing its railway and location to conform 
to the decree of the court, — by inserting after the 
word "provided", in the thirteenth line, the words: — 
Said commission may, subject to a right of appeal to the 
superior court by the street railway company or by the 
Commonwealth for a revision by a jury of the amount of 
such assessment, if a claim therefor is duly filed in the 
clerk's office of said court Avithin thirty days after the 
making of such assessment, assess upon any street rail- 
way company duly made a party to the proceedings such 
percentage of said total cost, not exceeding fifteen per 
cent thereof, as may, in the judgment of said commission, 
be just and equitable ; and such assessment, as confirmed 
by the court, shall be in lieu of any assessment or con- 
tribution required by any special act or grant of location, 

— by striking out the words ' ' remaining thirty-five per 
cent ", in the thirteenth line, and inserting in place thereof 
the words : — remainder of said total cost, — by inserting 
after the word " cent", in the sixteenth line, the words : 

— of said total cost, — and by adding at the end of said 
section the following words : — Whenever in any case in 
which a street railway company has been required to con- 
tribute to the expense of abolishing a grade crossing, any 
of its locations shall be so changed or revoked by any 
board of aldermen or selectmen without its consent as to 
render impossible, or in the opinion of the board of rail- 
road commissioners unprofitable, the further exercise of 
the privilege of operating its railway in that part of the 
public way where such grade crossing has been abolished, 
the amount contributed by such company to the expense 
of abolishing such grade crossing shall be ascertained by 
the board of railroad commissioners and certified to the 
treasurer of the Commonwealth, who shall pay the same 
to the company from the treasury of the Commonwealth ; 
and any amount so received by the company shall be 
expended only for such construction or equipment pur- 
poses as said railroad commissioners shall approve, — so 

Commiseion to as to read as foUoAvs : — Section 151. The commission 
manner and appointed luidcr tile provisions of section one hundred 
atToDs^itc!'*"^" and forty-nine shall meet at once, and if, after notice and 



' Acts, 1902. — Chap. 440. 351 

a hearing, it decides that the security and convenience 
of the public require the alterations, including the change 
or discontinuance of a private way, if any, to be made, 
it shall })rescribe the manner and limits thereof and shall 
determine which of the parties shall do the work, or shall 
apportion the work to be done between each of the rail- 
road corporations and the city or town. The railroad ^oYt™eTc*°' 
corporations shall pay sixty-tive per cent of the total 
actual cost of the alterations as aforesaid, including therein 
in addition to the cost of construction, the actual cost to 
the street milway company of changing its railway and 
location to conform to the decree of the court, the 'cost 
of the hearing, the compensation of the commissioners 
and auditors and all damages, except as otherwise pro- 
vided. Said conmiission may, subject to a right of ap- 
peal to the superior court by the street railway company 
or by the Commonwealth for a revision by a jury of the 
amount of such assessment, if a claim therefor is duly 
filed in the clerk's office of said court within thirty da3^s 
after the making of such assessment, assess upon any 
street railway company duly made a party to the pro- 
ceedings such percentage of said total cost, not exceed- 
ing fifteen per cent thereof, as may, in the judgment of 
said commission, be just and equitable ; and such assess- 
ment, as confirmed by the court, shall be in lieu of any 
assessment or contriljution required by any special act or 
grant of location. The remainder of said total cost shall 
be apportioned by the commission between the Common- 
wealth and the city or town in which the crossing or 
crossings are situated, but not more than ten per cent 
of said total cost shall be apportioned to such city or 
town. The commission shall equitably apportion the 
sixty-five per cent to be paid by the railroad corpora- 
tion between the several railroads which may be parties 
to the proceedings. If the crossing was established after 
the twenty-first day of June in the year eighteen hundred 
and ninety, no part of said cost shall be charged to the 
Commonwealth. If the crossing is of a railroad and a 
private way, and no crossing of a public way is abolished 
in connection therewith, the entire cost as aforesaid shall 
be paid by the railroad corporation. Whenever in any 
case in which a street railway company has been required 
to contribute to the expense of abolishing a grade cross- 
ing, any of its locations shall be so changed or revoked 



352 Acts, 1902. — Chap. 440. ~ 

by any board of aldermen or selectmen without its con- 
sent as to render inipossi))Ie, or in the opinion of the 
board of raik'oad connnissioners unprofitabk^, the further 
exercise of the i)rivik^gc of operating its railway in that 
part of the public Av^ay where such grade crossing has been 
abolished, the amount contributed by such company to 
the expense of abolishing such grade crossing shall be 
ascertained by the board of railroad conmiissioners and 
certified to the treasurer of the Commonwealth, who shall 
pay the same to the company from the treasury of the 
Commonwealth ; and any amount so receiv^ed by the 
company shall be expended only for such construction 
or equipment purposes as said railroad commissioners 
shall approve, 
imwlde"'^ ^^^' ^^Section 3. Scction one hundred and fifty-two of said 
chapter one hundred and eleven is hereby amended by 
inserting after the word "way", in the third line, the 
words : — the changes to be made in the location and 
grades of the street railway in such public way, — and 
by inserting after the word "binding", in the ninth line, 
the words : — If the commission decides that the location 
of the street railway shall be changed the decree of the 
court confirming such decision shall dul}^ establish the 
location as thus changed, — so as to read as follows : -«- 
specify^oimnges Sectlon 152. Tlic couimissiou shall specify what por- 
locati^m*!*^ "' tion, if any, of an existing public or private way shall be 
method of con- discontinued, the g-rades for the railroad and the way, 

Btruction, etc. i • i • 

the changes to be made in the location and grades of the 
street railway in such public way, the general method of 
construction and what land or other property it considers 
necessary to bo taken ; but if such decision involves a 
change in the grade of the railroad, the consent of the 
board of railroad commissioners to such change shall first 
be obtained. Said commission shall forthwith return its 
decision to the superior court, the decree of which, con- 
finning such decision, shall be final and bindino-. If the 
commission decides that the location of the street railway 
shall be changed the decree of the court confirming such 
decision shall duly establish the location as thus changed. 
If the connnission decides that the location of the railroad 
or of the jmblic or })rivate way shall be changed, the de- 
cree of the court contirming such decision shall constitute 
a taking of the s})ecified land or other property ; and the 
clerk of said court shall, within thirty days after said 



Acts, 1902. — Chap. 440. 353 



decree, cause a copy of such decision and decree to be 
filed with the county commissioners of the county or 
counties in which the land or other property taken and 
the crossing are situated, to be recorded in the registry 
of deeds for the counties and districts in which such land, 
property and crossings are situated, and to be filed with 
the auditor of the Commonwealth. Said taking shall be 
a taking by the city or town, if the land is to be used 
for a public way, or by the railroad corporation, if the 
land is to be used for a private way or b}^ the railroad. 

Section 4, Section one hundred and fifty-five of ^^ndVd'^^^^' 
said chapter one hundred and eleven is hereby amended 
by inserting after tlie word "railroads", in the fifth line, 
the words : — street railway companies, if any, — by in- 
serting after the word "corporation", in the eleventh 
line, the words : — and on the part of any street railway 
company, — and by striking out the word "it", in the 
twelfth line, and inserting in place thereof the words : — 
them respectively, — so as to read as follows : — Section Auditor, duties^, 
155. The court shall appoint an auditor, who shall be ^°™p^°^***''°' 
a disinterested person, not an inhabitant of the city or 
town in which the crossing is situated, whose compensa- 
tion shall be determined by the court and to whom shall 
from time to time be submitted all accounts of expense 
incurred by the raih'oads, street railway companies, if 
any, city, town, commission or auditor, and who shall 
audit the same and make report thereon to the court. 
Such auditing, when accepted by the court, shall be 
final. A certified copy of such report and the decree 
of the court thereon shall be filed with the auditor of 
the Commonwealth. The court shall, from time to time, Payment of 
issue its decrees lor payments on the part oi the railroad 
corporation and on the part of any street railway com- 
pany, not exceeding the amounts apportioned to them 
respectively by said auditor, and for the payment by the 
Commonwealth of a sum not exceeding the amounts 
apportioned to it and to the city or town ; and such city 
or town shall repay to the Commonwealth the amount 
apportioned to it by said auditor, with interest thereon, 
payable annually at the rate of four per cent from the 
date of the acceptance of the report of the auditor. Such 
repayment of the principal shall be made annually in such 
amounts as the auditor of the Commonwealth may desig- 
nate ; and the amount of payment designated for the year, 



354 



Acts, 1902.— Chap. 440. 



Certain expen- 
diture may be 
luailu for the 
further aboli- 
tion of grade 
croBsinge. 



Abolition of 
Grade (Jross. 
iBgs Loan. 



with the interest due on the outstanding principal, shall 
be inchidcd by the treasurer and receiver general in the 
amount charged to such city or town, and shall be assessed 
upon it in the apportionment and assessment of its annual 
state tax. The treasurer and receiver general shall in each 
year notify such city or town of the amount of such assess- 
ment, which shall be paid by it into the treasury of the 
CommonAvealth as a part of, and at the time required for, 
the payment of its state tax. AVhen the final assessment 
on a city or town has been paid by it, the treasurer and 
receiver general shall repay to it, in reduction of said 
final pa3"ment, the amount of interest, if any, which has 
been assessed to and paid by it in excess of the actual in- 
terest cost to the Commonwealth for money borroAved for 
the abolition of grade crossings previous to the payment 
of said final assessment ; and such excess of interest, if 
any, shall be on the exact amounts repaid by such city 
or toAvn to the Commonwealth on Avhich interest has 
been collected under the provisions of this section, and 
no more. 

Section 5. For the further abolition of grade cross- 
ings, in accordance with the provisions of sections one 
hundred and forty-nine, one hundred and fifty, one hun- 
dred and fifty-one, one hundred and fifty-two, one hun- 
dred and fifty-three, one hundred and fifty-four, one 
hundred and fifty-five, one hundred and fifty-six, one 
hundred and fifty-seven, one hundred and fifty-eight, 
one hundred and fifty-nine and one hundred and sixty 
of said chapter one hundred and eleven, and of this act, 
an expenditure of five million dollars by the Common- 
Avealth is hereby authorized. The amount so to be paid 
by the Commonwealth in any one year shall not exceed 
five lumdred thousand dollars, but if in any one year the 
expenditure by the Commonwealth shall not amount to 
five hundred thousand dollars, the unexpended remainder 
thereof shall be added to the five hundred thousand dol- 
lars allowed to be paid by it in any subsequent year. 
In computing the amount paid and to be paid by the 
Conmion wealth, the amounts apportioned to cities and 
towns and advanced by the Commonwealth under the 
provisions of section one hundred and fifty-five of said 
chapter one hundred and eleven shall not be included. 
.To meet the expenditure hereby authorized the treasurer 
and receiver general, Avith the approval of the governor 
and council, shall issue scrip or certificates of indebtedness 



Acts, 1902. ~ Chap. 440. 355 

to an amount not exceeding tive million dollars as an 
addition to the Abolition of Grade Crossings Loan, and 
shall add, in the manner provided in section one hmidred 
and fifty-eight of chapter one hundred and eleven of the 
Revised Laws, to the existing sinking fund to provide for 
the payment of the same. Such scrip or certificates of 
indebtedness shall be issued as registered bonds, bear- 
ing interest at a rate not exceeding four per cent per 
annum, payable semi-annually on the first days of May 
and November. The amount necessary to meet the an- certain amount 
nual requirement of said sinking fund and to pay the tLaUon!^ '^ 
interest on said bonds shall be raised by taxation from 
year to year. 

Section 6, Said chapter one hundred and eleven is r.l. m, §159, 
hereby further amended by striking out section one hun- *™^" ^ " 
dred and fifty-nine and inserting in place thereof the 
following : — Section 159. No final decree shall be made No final decree 
by said superior court upon an}^ report of conmiissioners upon^portof 
setting forth a plan for the abolition, discontinuance or unTirpku'e^c? 
alteration of a grade crossing, adopting or confirming has been ap- 

» . , »' ®, , 1 ^ proved by rail- 

such plan or authorizing anj^ expense to be charged roadcommiB- 

against the Commonwealth, until the board of railroad 
commissioners, after a hearing, shall have certified in 
writing that in their opinion the adoption of such plan 
and the expenditure to be incurred thereunder are con- 
sistent with the public interests, and arc reasonably req- 
uisite to secure a fair distribution between the different 
cities, towns and railroads of the Commonwealth, of tlie 
public money appropriated in the preceding section for 
the abolition of grade crossings, and that such expenditure 
will not, in the judgment of said board, exceed the amount 
provided under the preceding section to be paid by the 
Commonwealth. 

Section 7. The amount of any assessment upon, or ABsessment 
contribution by, a street railway company toward the street railway 
cost of abolishing a grade crossing shall be deemed and de"med^plrt'of 
taken in all proceedings thereafter as a part of the value "J.o^en*' etc** 
of its property for street railway purposes ; and such 
company may issue stock or bonds to such amount as the 
board of railroad commissioners shall, under the laws 
relating to the issue of stocks and bonds by such com- 
panies, approve as reasonably necessary to provide for the 
payment of such assessment or contribution. 

Section 8. This act shall take effect upon its passage. 

Approved June 4, 1902. 



356 



Acts, 1902. — Chaps. 441, 442. 



Corporations 
raay issue pre- 
ferred stock to 
certain 
amouute, etc. 



(Jh(XpAA\ ^^ ^*^'^ "^O AUTHORIZE CORPORATIONS TO ISSUE PUEFEUUKD STOCli. 

Be it enacted, etc., as folloios: 

Section 1. Every corporation organized under the 
luAvs of this Commonwealth shall have i)o\ver to issue 
preferred stock to an amount not exceeding at any time 
the amount of the general stock then outstanding, Avith 
such preferences and voting powers or restrictions or 
qualifications thereof as shall be fixed and determined in 
the by-laws at the organization of the corporation ; or 
after organization, by a two thirds vote of all the stock, 
or by a by-law adopted by a two thirds vote of ail the 
stock, at a meeting duly called for the purpose. 

Section 2. Such stock shall be issued subject to all 
general laws of the Commonwealth governing the issue 
of capital stock ; and each certificate subsequently issued 
of stock in the corporation shall have fully and plainly 
printed thereon the by-law or vote of the corporation 
authorizing the issue of preferred stock. 

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

Approved June 5, 1902. 



Certain pro- 
visions of law 
to apply, etc. 



(J]iai).4cA^ An Act to authorize the rebuilding and extending of the 

DRAW-FENDER PIER OF THE BRIDGE OVER THE MERKIMAC RIVER 
IN THE CITY OF HAVERHILL. 



Draw-fender 
pier of bridge 
over Merrimac 
river in Haver- 
hill may be 
rebuilt, etc. 



Payment of 

cost, etc. 



Be it enacted, etc., as follows : 

Section 1. The county commissioners of the county 
of Essex are hereby authorized and empowered, if in 
their judgment public necessity and convenience so re- 
quire, to rebuild and extend the draw-fender pier of the 
bridge over the Merrimac river in the city of Haverhill, 
subject to the provisions of chapter ninety-six of the 
Revised Laws. No county commissioner shall be disquali- 
fied from acting hereunder by reason of his residing in 
the city of Haverhill. 

Section 2. The said county commissioners after said 
rebuilding and extension are completed shall, after due 
notice to the parties interested and after hearing such 
parties, proceed to determine, apportion and assess upon 
the said county, the said cit}^ and other parties interested, 
the cost of said work, in such proportions as they shall 
deem just. 



Acts, 1902. — Chaps. 443, 444. 357 



com- 
misBioners may 



Section 3. Said commissioners are hereby authorized ^*?°g°o^ 
to borroAv money, if it be necessary, for the purposes borrow money 
aforesaid. 

Section 4. This act shall take effect upon its passage. 

Approved June 5, 1902. 

An Act relative to the redemption of land sold for taxes, nhnj) 443 
Be it enacted^ etc., as foUoios : 

Section 1. Chapter thirteen of the Revised Laws is R.L.i3,§§60and 
hereby amended b}'^ striking out sections sixty and sixty- ^^' ''™^"'^®'^- 
one and inserting in place thereof the following new sec- 
tions : — Section 60. Any person having an interest in Persons inter- 
any such land may redeem it as provided in section fifty- red^etmtand 
eight by pa3dng to the collector of the place in which the ^ow for taxes, 
land is situated the amount which he would be required 
to pay to the purchaser, with one dollar additional. Sec- Disposition of 
tion 61. Said collector shall receive any money so paid ^oney received, 
and give to the person paying it a certificate specifying 
the amount paid, the name of the person to whom and 
the real estate on which the tax was originally assessed, 
and the registry of deeds and the book and page of the 
records therein where the collector's deed is recorded ; 
and the recording of the certificate in said registry shall 
extinguish all right and title acquired under the col- 
lector's deed. The collector shall on demand pay over 
all money so paid, to the person entitled thereto as deter- 
mined by him, except that he shall retain one dollar to 
be accounted for for the use of the city or town, and if 
the amount so paid is loss than the purchaser was entitled 
to, the balance with interest at ten per cent per annum 
may after demand therefor be recovered by said pur- 
chaser against the person paying such amount, in an 
action of contract, if such action is commenced within • 
three months after such payment to the collector. 

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

Approved Ju7ie 5, 1902. 

An Act to puovide for the election in cities of overseers (Jlid^j 444 
OF the poor for terms of three years. 

Be it enacted., etc., as follows : 

Section 1. Tn cities where the like provision is not overseers of 

. n I 111 *°® poor in cer- 

now made by their charters, overseers of the poor shall tain cities, 



358 Acts, 1902. — Chap. 445. 

Itc?"°"' ^*'™*' hereafter be elected for a term of not less than three 
years, in the folloM'ing manner: — If the number fixed 
by the charter of the city is three the city shall at the 
municipal election next following the passage of this act 
elect one for the term of one year, one for the term of 
two 3^ears and one for the term of three years ; if the 
number to be elected is five, it shall elect one for the 
term of one year, two for terms of two years and two 
for terms of three years ; if the number to be elected is 
seyen, it shall elect two for terms of one year, two for 
terms of two years and three for terms of three 3^ears ; 
and at each municipal election thereafter it shall elect 
one, two or three overseers of the poor for the term of 
three years, as the term of ofiice of one, two or three 
expires. 

When to take Seotion 2. Tliis act shall take eff'ect in any city to 

which it applies when accepted by the city council of 
that city ; otherwise it shall not take efiiect. 

Approved June 5, 1902. 

(7AttZ>.445 -^^ -^^^ '^^ AUTHORIZE THE CITY OF MELROSE TO INCUR INDEBTED- 
NESS FOR THE PURPOSE OF CONSTRUCTING A SYSTEM OF SURFACE 
DRAINAGE. 

Be it enacted, etc., as foUoics : 

H«?falST Section 1. The city of Melrose, for the purpose of 
onoor"'^"* paying the cost of constructing and maintaining a system 
of surface drains and its appurtenances, is hereby author- 
ized to issue from time to time, as may be required there- 
for, bonds, notes or scrip to an amount not exceeding one 
hundred thousand dollars : j)^'^vided, however, that the 
amount of such bonds, notes or scrip issued during the 
current year, or in any succeeding year, shall not exceed 
twenty thousand dollars in any one year, and that all such 
issues shall be sulvject to the provisions of section forty- 
eight of chapter one hundred and sixty-two of the acts of 
the year eighteen hundred and ninety-nine. Such bonds, 
notes or scrip shall be designated, Cit}^ of Melrose Sur- 
face Drainage Loan, Act of 1902, shall bear interest at 
a rate not exceeding four per cent per annum, payable 
semi-annually, shall be payable at the expiration of such 
periods as the board of aldermen shall determine, not ex- 
ceeding thirt}^ years from the date of issue, and shall be 
signed by the treasurer and countersigned b}'" the mayor 



Acts, 1902. — Chap. 446. 359 

of the city. They shall not be reckoned in determining Not to be 
the authorized limit of indebtedness of the city. determining 

Section 2. All premiums received from the sale of ginning fund 
bonds issued under authority of this act shall be paid 
into the sinking fund, which fund shall be established as 
provided in chapter twenty-seven of the Revised Laws. 

Section 3. All moneys raised under the provisions Expenditures, 
of this act shall be expended by the engineer and super- 
intendent of public works, under the direction of the 
mayor and subject to the provisions of chapter forty- 
nine of the Revised Laws relative to the construction 
and maintenance of sewers and drains, and chapter fifty 
of the Revised Laws relative to the assessment of better- 
ments. 

Section 4. This act shall take effect upon its passage. 

Approved June 5, 1902. 



Chap.4:4:6 



An Act kelative to the duties and powers of the ljoard 

OF conciliation and AUlilTKATION. 

Be it enacted, etc., as foUoivs : 

Section 1. Section two of chapter one hundred and Amended' ^^' 
six of the Revised Laws is hereby amended by inserting 
after the word "board", where it first occurs in the fourth 
line, the words : — and such notification may be given by 
the employer or by the employees concerned in the strike 
or lock-out, — and by striking out the words "may, if it 
considers it advisable ", in the sixteenth line, and insert- 
ing in place thereof the word : — shall, — so as to read as 
follows : — Section 2. If it appears to the mayor of a state board of 
city or to the selectmen of a town that a strike or lock- artitratiou^tobo 
out described in this section is seriously threatened or "f a^trik" ''etc*! 
actually occurs, he or they shall at once notify the state 
board ; and such notification ma}'^ be given by the em- 
ployer or by the employees concerned in the strike or 
lock-out. If, when the state board has knowledge that 
a strike or lock-out, which involves an employer and his 
present or former employees, is seriously threatened or 
has actually occurred, such employer, at that time, is em- 
ploying, or upon the occurrence of the strike or lock-out, 
was employing, not less than twenty-five persons in the 
same general line of business in any city or town in the 
Commonwealth, the state board sliall, as soon as may 
be, comuumicate with such employer and employees and 



360 



Acts, 1902. — Chap. 447. 



To investigate 
cause of contro- 
versy, etc. 



endeavor by mediation to obtain an amicable settlement 
oi* endeavor to persuade them, if a strike or lock-out has 
not actually occurred or is not then continuing, to submit 
the controversy to a local board of conciliation and arbi- 
tration or to the state board. Said state board shall 
investigate the cause of such controversy and ascertain 
which party thereto is mainly responsible or blameworthy 
for the existence or continuance of the same, and may 
make and publish a report finding such cause and assign- 
ing such responsibility or blame. The board shall have 
the same powers for the foregoing purposes as are given 
to it by the provisions of the following section. 

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

Ap2iroved June 5, 1902. 



OA«7).447 -^^ -^^"^ ^^ INCORPORATE THE COLUMBIAN NATIONAL LIKE INSUR- 
ANCE COMPANl'. 



The Columbian 
National Life 
Insurance 
Company 
incorporated. 



Blrectore, 
number, elec- 
tion, etc. 



Be it enacted, etc., as follows : 

Section 1. Winslow Warren, Alexander S. Paton, 
Edward A. Presbrey, Francis P. Sears, Gardner Perry, 
Joseph Balch, Hosea M. Knowlton, Arthur B. Daniels, 
Francis Peabody, Junior, and Julian Codman, their as- 
sociates and successors, are hereby created a corporation 
under the name of The Columbian National Life Insurance 
Company, to be located in the city of Boston, for the 
transaction of life insurance ; with all the rights, powers 
and privileges, and subject to all the duties, liabilities 
and restrictions conferred or imposed by the general laws 
now or hereafter in force, applicable to domestic stock 
life insurance companies, so far as said laws are not in- 
consistent with the provisions of this act. 

Section 2. The board of directors shall consist of not 
less than fifteen members, who shall be chosen b}^ ballot 
from the stockholders, and a majority of Avhom shall be 
residents of the Commonwealth. Not less than eight 
shall constitute a quorum to do business, although a less 
number may adjourn from time to time. The number of 
directors and the number constituting a quorum may be 
increased or diminished within the said limits at any 
annual or special meeting of the stockholders. The 
directors shall have the power to choose from their 
number an executive committee of not less than seven, 
which may exercise all the powers of the board of 



Acts, 1902. — Chap. 448. 361 

directors whenever the board shall not be in session, and 
also all powers expressly conferred upon it by the by- 
laws. The corporation may determine by its by-laws corporation 
the manner of calling and conducting all meetings, and manner'of'"'"^ 
the mode of voting by proxy. Each stockholder shall be ductog^mte^t""' 
entitled to one vote for every share of capital stock owned i°8*' ^*<=- 
by him. 

Section 3. The capital stock of the corporation sliall Capitautock. 
be two hundred thousand dollars, divided into two thou- 
sand shares of the par value of one hundred dollars each. 
The capital stock shall be paid in in cash within twelve 
months after the date of the passage of this act ; and no 
certificates of shares and no policies shall be issued until 
the whole capital stock is paid in. 

Section 4. Until the net surplus of the corporation Payment of 
shall amount to two hundred thousand dollars no dividend 
exceeding six per cent per annum shall be declared or 
paid on the capital stock : provided, that if, in any year ProviBo. 
before such time, the dividend paid shall be less than six 
per cent it may be made good in any subsequent j'ear 
notwithstanding the foregoino- limitation. When the net 
surplus of the corporation shall equal twice the amount ^ 

of its capital stock said stock may be retired, and in such 
case the policy holders shall become members of the 
corporation and direct its affairs as in the case of mutual 
companies . 

Section 5. The corporation may issue policies stip- issue of 
ulated to be with or without participation in the profits, p^^^*"^*- «*"• 
Persons insured on the participating plan shall be entitled 
to such share in the profits distributable upon the con- 
tribution to surplus plan and withdrawable at the end of 
such periods as may be provided by the by-laws or agreed 
upon between the insured and the corporation ; but they 
shall not by reason thereof be members of the corporation. 

Section 6. This act shall take effect upon its passage. 

Approved Jun