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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  0 
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  June  5,  1902. 

An  Act  kelative  to  the  taking  of  ice  from  cektain  ponds  /^7}/-/>i448 

IN   THE   town   of   WESTMINSTEK.  "' 

Be  it  enacted,  etc.,  as  folloios  : 

Section  1.     The  owners  or  lessees  of  any  building  or  Owners,  etc., 

,1  J  ,  1     J?         ii  i?    i'  I.*  of  certain  str\ic- 

othcr  structure  used  tor  the  purposes  oi  harvestuig  or  turcs  used  for 
storing  ice  taken  Irom  Meeting-house  pond  in  the  town  we'stmiuBter  to 


362 


Acts,  1902.  — Chap.  449. 


be  protected  In 
certain  rights. 


Protection  of 
purity  of 
waters. 


of  Westminster,  or  from  that  part  of  Wachusett  lake 
which  lies  in  the  said  town,  shall  not  be  prevented  from 
using,  maintaining,  rebuilding  or  disposing  of  such  build- 
ing or  other  structure  for  the  purposes  of  harvesting  or 
storing  ice  for  the  use  of  the  inhabitants  or  residents  of 
said  town  by  reason  of  the  purchase  of  the  land  on  which 
such  building  or  other  structure  stands,  by  any  city,  town, 
public  institution  or  water  company,  if  such  purchase  was 
made  solely  for  the  purpose  of  preserving  the  purity  of 
such  waters.  The  owners  of  any  such  building  or  other 
structure  shall  be  protected  in  their  aforesaid  rights  of 
harvesting  and  storing  ice,  by  a  deed  of  easement  or 
other  document  to  be  executed  by  such  city,  town,  public 
institution  or  water  company,  guaranteeing  the  said  rights, 
if  said  owners  shall  demand  the  same. 

Section  2.  The  harvesting  and  storing  of  ice  in  the 
said  town  from  the  aforesaid  ponds,  and  the  care  of  the 
buildings  or  other  structures  aforesaid,  shall  be  performed 
in  accordance  with  such  rules  and  regulations  to  protect 
the  purity  of  the  aforesaid  waters  as  may  be  made  by  the 
state  board  of  health. 

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

Ap2'>'>'oved  Jxine  5,  1902. 


ChciV.4:4:9  -^^     ^^'^     "^^    AUTHORIZE    TOWNS    TO    PURCHASE     ELECTRICITY 
LIGHTING   PURPOSES  FROM   STREET   RAILWAY   COMPANIES. 


Certain  towns 
may  purchase 
electricity  for 
lighting  pur- 
posen  from 
street  railway 
companies. 


Be  it  enacted,  etc.,  as  folloios : 

Section  1.  A  town  in  which  no  person  or  corpora- 
tion is  engaged  in  the  business  of  generating  or  distrib- 
uting electricity  for  sale  for  lighting  purposes  and  which 
is  not  itself  engaged  in  such  business,  and  which  has  voted 
or  shall  vote,  in  accordance  with  the  provisions  of  chapter 
thirty-four  of  the  Revised  Laws,  to  construct  one  or  more 
plants  for  the  manufacture  or  distribution  of  electricity 
for  furnishing  light  for  municipal  use  or  for  the  use  of  its 
inha])itants,  or  for  both  purposes,  may  make  a  contract 
or  contracts,  for  a  term  not  exceeding  ten  years,  Avith  any 
street  railway  company  or  companies  operating  a  street 
railway  in  such  town,  for  the  purchase  of  electricity  from 
such  street  railway  company  or  companies,  for  the  pur- 
pose of  furnishing  light  for  municipal  use  or  for  the  use 
of  its  inhabitants,  or  for  l)oth  purposes  ;  and  street  rail- 
way companies  may  make  contracts  for  furnishing  elec- 


Acts,  1902.  —  Chap.  449.  363 

tricity  as   aforesaid  to    a  town,  but  the  same  shall  not  Terms  to  be 
become  operative  unless  the  board  of  railroad  commis-  railroad  com- 
sioners  shall,  after  a  public  hearing,  approve  the  terms  ™""°°®"' 
thereof  as  consistent  with  the  public  interests. 

Section  2.  The  electricity  supplied  by  any  street  Delivery  of 
railway  company  or  companies  under  authority  of  this 
act  shall  be  delivered  to  the  distributing  system  of  the 
town  at  some  specified  place  or  places  therein,  and  the 
meter  or  meters  tlu'ough  which  such  electricity  is  meas- 
ured shall  be  a  part  of  the  distributing  system. 

Section  3.     If  a  town  voting  to  purchase  electricity  in  case  of  dis. 
from  a  street  railway  company  or  companies  under  the  rfarc'^mmis-'" 
provisions  of  this  act  is  unable  to  agree  with  such  com-  prlcroVeiec^ 
pany  or  companies  at  the  expiration  of  a  contract  or  con-  *""*y.  «*<=• 
tracts  made  in  accordance  with  the  provisions  of  section 
one  of  this  act,  upon  the  price  to  be  paid  for  electricity 
by,  or  upon  the  manner  in  which  electricity  is  to  be  fur- 
nished to,  said  town  in  the  future,  said  town  throuo^h  its 
selectmen  may  apply  to  the  board  of  railroad  commis- 
sioners to  fix  the  price  which  said  town  shall  pay  for  said 
electricity  to,  and  the  manner  in  which  electricity  shall 
be  furnished  by,  said  company  or  companies  ;  and  there- 
upon the  said  board  shall  set  a  date  for  a  public  hearing 
upon  such  application,  giving  said  company  or  companies 
reasonable  notice  thereof;  and  after  the  hearinsf  the  board 
shall  fix  the  price  which  said  town  shall  pay  for  electricity 
to,  and  the  manner  in  which  electricity  shall  be  furnished 
by,  said  company  or  companies  ;  and  said  company  or 
companies  shall  thereupon  furnish  to  the  town  electricity 
at  the  price  and  in  the  manner  fixed  by  said  board. 

Section  4.     A  town  which  has  contracted   with  any  To  be  subject 
street  railway  company  or  companies  for  the  purchase  of  I'istons^of'ilw, 
electricity  as  provided,  and  for  the  purposes  set  forth,  in  ''^*'" 
section  one  of  this  act,  shall  be  subject  to  and  have  the 
benefit   of  the  provisions  of  chapter  thirty-four  of  the 
Revised  Laws  and  of  all  acts  in  amendment  thereof  or  in 
addition  thereto,  so  far  as  the  same  may  be  applicable. 

Section  5.     Nothing  in  this  act  shall  be  construed  as  Not  to  be  con- 
authorizing  street  railway   companies   to   increase   their  th^fzin?  "n-" 
capital  stock  or  to  issue  bonds  for  the  purposes  herein-  gro'^^^etc'^^P"*' 
before  set  forth,  unless  authorized  so  to  do  by  the  board 
of  railroad  commissioners  ;  said  stock  or  bonds,  after  their 
issue  has  been  so  authorized,  to  be  issued  under  the  pro- 
visions of  chapter  one  hundred  and  nine  of  the  Revised 


364 


Acts,  1902.  — Chap.  450. 


Laws  and  of  all  acts  in  amendment  thereof  or  in  addition 
thereto. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  5,  1902. 


ChapAm 


R.  L.  106,  §  62, 
amended. 


WagcB  to  be 
paid  weekly, 
etc. 


Not  to  apply  to 
certain  em 
ployees,  etc. 


An  Act  relative  to  the  payment  of  wages. 

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

Section  1.  Section  sixty-two  of  chapter  one  hundred 
and  six  of  the  Revised  Laws  is  hereby  amended  by  insert- 
ing after  the  word  "payment",  in  the  tenth  line,  the 
words  :  —  but  any  employee  leaving  his  or  her  employ- 
ment, or  being  discharged  from  such  employment,  shall 
be  paid  in  full  on  the  following  regular  pay  day,  —  so  as 
to  read  as  follows  :  —  Section  62.  Every  manufacturing, 
mining  or  quarrying,  mercantile,  railroad,  street  railway, 
telegraph  or  telephone  corporation,  every  incorporated 
express  company  or  water  company,  and  every  contractor, 
person  or  partnership  engaged  in  any  manufacturing 
business,  in  any  of  the  building  trades,  in  quarries  or 
mines,  upon  public  works  or  in  the  construction  or  repair 
of  railroads,  street  railwa3^s,  roads,  bridges  or  sewers  or 
of  gas,  water  or  electric  light  works,  pipes  or  lines,  shall 
pay  weekly  each  employee  engaged  in  his  or  its  business 
the  wages  earned  by  him  to  within  six  days  of  the  date 
of  said  payment,  but  any  employee  leaving  his  or  her 
employment,  or  being  discharged  from  such  employment, 
shall  be  paid  in  full  on  the  folloAving  regular  pay  day  ; 
and  the  Commonwealth,  its  officers,  boards  and  commis- 
sions shall  so  pay  every  mechanic,  Avorkman  and  laborer 
who  is  employed  l)y  it  or  them,  and  every  city  shall  so 
pay  every  employee  who  is  engaged  in  its  business,  unless 
such  mechanic,  workman,  laborer  or  employee  requests 
in  writing  to  be  paid  in  a  difterent  manner ;  and  every 
town  and  county  shall  so  pay  each  employee  in  its 
business  if  so  required  by  him  ;  but  an  employee  who 
is  absent  from  his  regular  place  of  labor  at  a  time  fixed 
for  payment  shall  be  paid  thereafter  on  demand.  The 
provisions  of  this  section  shall  not  apply  to  an  employee 
of  a  co-operative  corporation  or  association  if  he  is  a 
stockholder  therein  unless  he  requests  such  corporation 
to  pay  him  weekly.  The  board  of  railroad  commission- 
ers, after  a  hearing,  may  exempt  any  railroad  corporation 
from  paying  weekly  any  of  its  employees  if  it  a})pears  to 


Acts,  1902.  — Chap.  451.  365 

the  board  that  such  employees  prefer  h'ss  fre(]uent  pay- 
ments, and  that  their  interests  and  the  interests  of  the 
public  will  not  suffer  thereby.  No  corporation,  contractor, 
person  or  partnership  shall  by  a  special  contract  with 
an  employee  or  by  any  other  means  exempt  himself  or 
itself  from  the  provisions  of  this  and  the  followino;  sec- 
tion. Whoever  violates  the  provisions  of  this  section  Penalty. 
shall  be  punished  by  a  fine  of  not  less  than  ten  nor  more 
than  fifty  dollars. 

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

Appi'ovecl  June  5,  1902. 


GhapAbl 


An  Act  making  appropriations  for  the  Massachusetts  hos- 
pital FOR  dipsomaniacs  AND  INEBRIATES. 

Be  it  enacted.,  etc. ,  as  folloivs : 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriation 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  support  of 
the  iNIassachusetts  hospital  for  dipsomaniacs  and  inebriates 
during  the  year  ending  on  the  thirty-first  day  of  Decem- 
ber, nineteen  hundred  and  two,  to  wit :  — 

For  the  support  of  state  patients,  the  sum  of  twenty-  support  of 
three  thousand  eight  hundred  and  twenty-nine  dollars,  «***«  p""^'''''- 
said  sum  being  based  upon  the  average  number  of  such 
patients  at  the  rate  of  three  dollars  and  twenty-five  cents 
per  week,  the  same  to  be  in  addition  to  the  receipts 
from  other  sources  as  provided  for  by  sections  one  hun- 
dred and  twenty-seven  and  one  hundred  and  twenty-eight 
of  chapter  eighty-seven  of  the  Revised  Laws  ;  and  so 
much  of  said  receipts  as  may  be  needed  to  pay  the  ex- 
penses of  said  institution  may  be  used  for  that  purpose. 

For  current  expenses,  in  addition  to  the  appropriation  current  ex- 
for   state   patients   and    receipts,    a  sum   not    exceeding  p^"*^*- 
fifteen  thousand  dollars. 

For  maintainino;  industries  at  said  institution,  a  sum  Maintaining 
not  exceeding  six 'thousand  dollars.  mdustriee. 

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

Approved  June  5,  1902. 


366 


Acts,  1902.  — Chap.  452. 


ChciV.4:52  "^^  ^^'^  '^*^  AUTHORIZE  CONTRACTS  FOR  OPERATION,  LEASE  OR 
SALE  BETWEEN,  AND  THE  ISSUE  OF  STOCK  OR  BONDS  BY,  THE 
GRAFTON  AND  UPTON  RAILROAD  COMPANY,  THE  UPTON  STREET 
RAILWAY  COMPANY,  THE  MILKORD  AND  UXBRIDGE  STREET  RAIL- 
WAY COMPANY,  AND  THE  MILFORD,  HOLLISTON  AND  FRAMINGHAM 
STREET  RAILWAY  COMPANY,  AND  TO  AUTHORIZE  SAID  RAILWAY 
COMPANIES  TO  ACT  AS  COMMON  CARRIERS  OF  GOODS. 


Certain  street 
railway  com- 
panies, etc., 
may  lease  or 
sell  their  rail- 
ways, etc. 


The  Grafton 
and  Upton  Rail- 
road Company 
not  to  operate 
upon  the  loca- 
tion, etc.,  of  any 
street  railway 
company,  etc. 


Purchasing 
companies  may 
issue  stock  or 
bonds,  etc. 


May  act  as  a 
common  carrier 
of  merchandise, 
etc. 

Proviso. 


Be  it  enacted,  etc.y  as  follows : 

Section  1.  The  Grafton  and  Upton  Railroad  (Com- 
pany, the  Upton  Street  Railway  Company,  the  Milford 
and  Uxbridge  Street  Railway  Company,  and  the  Milford, 
HoUiston  and  Framingham  Street  Railway  Company,  may 
either  of  them  contract  with  any  or  all  of  the  others  for 
the  operation  by  one  of  them  of  the  railroad  and  railways 
of  the  said  companies,  or  an}'^  or  all  of  them,  and  an}'  of 
said  companies  may  lease  or  sell  its  railroad  or  railway 
to  any  of  the  other  companies.  Any  such  contract,  lease 
or  sale  shall  be  upon  such  terms  as  shall  be  agreed  to  by 
a  majority  of  the  directors  and  by  a  majority  in  interest 
of  the  stockholders  of  each  company  party  thereto,  at 
meetings  duly  called  for  that  pm'pose,  and  shall  also  be 
such  as  shall  be  approved,  after  a  public  hearing,  by  the 
board  of  railroad  commissioners. 

Section  2.  The  Grafton  and  Upton  Railroad  Company 
shall  not  by  any  contract,  lease  or  purchase  made  under 
authority  of  this  act  acquire  the  right  to  operate  a  rail- 
road u})on  the  location  or  line  of  any  street  raihvay  com- 
l)any,  and  nothing  in  this  act  contained  or  authorized 
shall  relieve  said  railroad  company  from  its  obligations  as 
a  railroad  company,  either  under  its  charter  or  under  any 
special  or  general  law  of  the  Commonwealth. 

Section  3.  In  case  of  any  sale  made  under  authority 
of  this  act  the  purchasing  railroad  or  railway  company 
may  issue  stock  or  bonds  to  such  an  amount  as  the  board 
of  railroad  commissioners  shall  approve  as  being  reason- 
ably necessary  to  provide  for  the  payment  of  the  purchase 
price  and  for  the  electric  equipment  of  a  purchased  line, 
or  for  the  payment  of  any  indebtedness  which  said  board 
shall  find  to  have  been  properly  incurred  therefor. 

Section  4.  Each  of  said  street  railway  companies 
may  act  as  a  common  carrier  of  packages  or  small  parcels 
of  goods  or  merchandise  :  provided,  that  it  shall  be  au- 
thorized so  to  do  by  the  selectmen  of  the  town  or  towns 


Acts,  1902.  — Chap.  453.  367 

in  which  its  line  is  located,  and  it  shall  in  such  service 
be  subject  to  such  by-laws  and  regulations,  not  contrary 
to  law,  as  may  from  time  to  time  be  made  by  any  such 
town,  and  to  the  provisions  of  all  general  laws  now  or 
hereafter  in  force  relating  to  common  carriers. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Aj^proved  June  6,  1902. 


ChapA53 


An  Act  relative  to  the  weighing  of  coal. 
Be  it  enactedy  etc,  as  follows; 

Section  1.     Section  eighty-three  of  chapter  fifty-seven  r.  l.  57,  §83, 
of  the  Revised  Laws  is  hereby  amended  by  adding  at  the  '^'"®°*^^'*- 
end  thereof  the  words  :  —  No  person  shall  be  ineligible 
for  appointment  because   of  the    fapt    that    he  is  not  a 
resident  of  such  city  or  town,  notwithstanding  provisions 
to  the  contrary  in   any  general  or   special    act  or  city 
charter,  —  so  as  to  read  as  follows  :  —  Section  83.     The  weighers  of 
mayor  and  aldermen  of  a  city  or  the  selectmen  of  a  town  mentreu:!'"* 
shall  appoint,  and  may  remove,  weighers  of  coal,  one  of 
whom  at  least  shall  not  be   engaged  in   the  business  of 
selling  coal,  Avho  shall  be  sworn,  and  by  whom  all  coal 
shall    be    weighed.     No    person    shall    be    ineligible    for 
appointment  because  of  the  fact  that  he  is  not  a  resident 
of  such  city  or  town,  notwithstanding  })rovisions  to  the 
contrary  in  any  general  or  special  act  or  city  charter. 

Section  2.     Section  eighty-eight   of  said  chapter  is  r.  l.  57.  §  ss, 
hereby  amended  by  striking  out  the  word  "  sold",  in  the  *™*°  ^ 
third    line,    and    inserting    in    place    thereof  the    word : 
—  weio^hed,  —  so  as    to  read    as  follows:  —  Section    88.  Pei-Bons  seiiiDg 

o  '  •    1         1      n        •   1  coke  or  coal  by 

Whoever  sells  coke  or  coal  by  Aveight  shall  without  cost  weight  to  cauBe 

to  the  purchaser  cause  the  goods  to  be  weighed  by  a  delivered,  etc 

sworn  weigher  of  the  city  or  town  in  which  they  are 

weighed,  and  shall  cause  a  certificate  stating  the  name 

and  place  of  business  of  the  seller,  the  name  of  the  person 

taking  charge  of  the  goods  after  the  weighing,  as  given 

to  the  weigher  on  his  request,  and  the  quantity  of  the 

goods,   to  be  signed  by  the  weigher.     Such  certificate 

shall  be  given  to  said  person  and  shall  by  him  be  given 

only  to  the  owner  of  the  goods  or  his  agent  when  he 

unloads  the  same  ;  and  every  such  person,  ow^ner  or  agent 

shall,  on  request  and  without  charge  therefor,  permit  any 

sealer  of  weights  and  measures  of  any  city  or  town  to 

examine  the  certificate  and  to  make  a  copy  thereof. 


368 


Acts,  1902.  — Chap.  453. 


R.  L.  57,  § 
amended. 


Sealer  may 
direct  jioodB  to 
be  weighed, 


R.  L.  67,  §  91, 
amended. 


Penalty. 


Section  3.  Section  ciglity-ninc  of  said  chapter  is 
hereby  amended  by  adding  at  the  end  thereof  the 
words  :  —  The  scales  designated  by  the  sealer  as  afore- 
said may  be  the  public  scales  of  the  city  or  town  or  any 
other  scales  therein  which  have  been  dul}''  tested  and 
sealed,  and  shall  be  such  scales  as  are  in  his  judgment  the 
most  convenient  of  those  available,  —  so  as  to  read  as 
follows  :  —  Section  89.  A  sealer  of  weights  and  meas- 
ures of  a  city  or  town  in  which  any  quantity  of  coke, 
charcoal  or  coal  for  delivery  is  found  may,  in  his  discre- 
tion, direct  the  person  in  charge  of  the  goods  to  convey 
the  same  without  delay  or  charge  to  scales  designated  by 
such  sealer,  who  shall  there  determine  the  quantity  of 
the  goods,  and,  if  they  arc  not  in  baskets  or  bags,  shall 
determine  their  weight  with  the  weight  of  the  vehicle  in 
which  they  are  carried,  and  shall  direct  said  person  to 
return  to  such  scales  forthwith  after  unloading  the  goods  ; 
and  upon  such  return,  the  sealer  shall  weigh  the  vehicle. 
The  scales  designated  by  the  scaler  as  aforesaid  may  be 
the  public  scales  of  the  city  or  town  or  any  other  scales 
therein  which  have  been  duly  tested  and  sealed,  and 
shall  be  such  scales  as  are  in  his  judgment  the  most  con- 
venient of  those  available. 

Section  4.  Section  ninety-one  of  said  chapter  is 
hereby  amended  by  addingat  the  end  thereof  the  words  :  — 
Sealers  of  weights  and  measures  shall  cause  the  provisions 
of  the  seven  preceding  sections  to  be  enforced  in  their 
respective  cities  and  towns,  —  so  as  to  read  as  follows  :  — 
Section  91.  Whoever  violates  any  provision  of  the  seven 
preceding  sections  or  fails  to  comply  with  any  request 
for  information  or  direction  made  under  authority  thereof, 
or  gives  a  false  answer  to  any  such  request,  shall  for  each 
offence  be  punished  by  a  fine  of  not  more  than  fifty  dol- 
lars ;  and  whoever  shall  be  guilty  of  any  fraud  or  deceit 
relative  to  the  weighing,  selling  or  delivering  of  coke, 
charcoal  or  coal,  shall  for  each  oftence  be  punished  by  a 
fine  of  not  more  than  one  hundred  dollars.  Sealers  of 
weights  and  measures  shall  cause  the  provisions  of  the 
seven  preceding  sections  to  be  enforced  in  their  respec- 
tive cities  and  towns. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Ap2)roved  June  6,  1902. 


Acts,  1902.  —  Chaps.  454,  455,  456,  457.  369 


An  Act  to  establish  the  salaky  of  the  physician  and  sur-  (7Aa79.454 

GEON   OF   THE   STATE   I'KISON. 

Be  it  enacted,  etc. ,  as  JbUoivs  : 

Section  1.     The  salary  of  the  physician  and  surgeon  Salary  of 
of  the  state  prison  shall  be  fifteen  hundred  dollars  a  year,  surgeon  of 
to  be  so  allowed  from  the  first  day  of  July  in  the  year  estabUsheT. 
nineteen  hundred  and  two. 

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

Approved  June  10,  1902. 


ChapA^B 


An  Act  to  include  the  toavn  of  rowley'  within  the  ji^ris- 
diction  of  the  police  court  of  newburyport. 

Be  it  enacted,  etc.,  as  folloivs : 

The  town  of  Rowley  shall  be  included  within  the  iudi-  Town  of 

.-,■,..  /,     ,  T  r»   Ti-        1  Rowley, 

cial  district  oi  the  police  court  oi  JNewburyport.  judicial  district. 


Approved  Jane  10,  1902. 


An  Act  relative  to  the  sittings  of  the  superior  court  for  y^j         Ajrn 

THE  counties  OF  SUFFOLK  AND  BARNSTABLE.  -^' 

Be  it  enacted,  etc.,  as  folloivs  : 

Section  1.      The   sittings   of  the  superior  court  now  sittings  of 
provided  by   law  to  be  held  at  Boston  for  the  county  for'suAoik"'^* 
of  Suffolk  for  civil  business,  on  the  first  Tuesdays  of  county. 
January,  April,  July  and  October,  shall  hereafter  be  held 
on  the  first  Mondays  of  January,  April,  July  and  October. 

Section  2.     The  sittings  of  the   superior  court  now  sittings  of 
provided  by  law  to  be  held  at  Barnstable  for  the  county  for'Ba?nstebie 
of  Barnstable,  on  the  first  Tuesday  of  April  and  on  the  county. 
second  Tuesday  of  October,  shall  hereafter  be  held  on 
the   first  Monday  of  April  and  the  second  Monday  of 
October, 

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

Approved  June  10,  1902. 


ChajpABl 


An  Act  to  establish  the  salary  of  the  deputy  sealer  of 
weights  and  measures  of  the  commonwealth. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     The  salary  of  the  deputy  sealer  of  weights  saiaryof 
and  measures  of  the  Commonwealth  shall  be  fifteen  hun-  of^ye^ghtr^illd 


370 


Acts,  1902.  — Chap.  458. 


uXeT^" ^**''''"  f^'"*'*^^  dollars  a  3^ear,  to  be  .so  allowed  from  the  first  day 
of  fJulv  in  the  year  nineteen  hundred  and  two. 

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

Approved  June  10,  1902. 


Ch(lV.4:5S   ^^   ^^'^  RELATIVE   TO   APrEAI.S   FROM    THE   COURT    OF    LAND   REGIS- 


R.  L.  128,  §  13, 
amended. 


Appeals  from 
court  of  land 
registration. 


Be  it  enacted,  etc.,  as  follows  : 

Section  1.  vSection  thirteen  of  chapter  one  hundred 
and  twenty-eight  of  the  Revised  Laws  is  hereby  amended 
by  inserting  after  the  word  "court",  in  the  first  line,  the 
Avords  :  — whereby  any  ]:)arty  is  aggrieved,  —  by  inserting 
after  the  word  "relates",  in  the  third  line,  the  words  :  — 
as  to  any  questions  involved  therein,  — by  inserting  after 
the  word  "entered",  in  the  fourth  line,  the  words  :  —  and 
issues  framed  therefor  in  the  court  of  land  registration, 
—  by  inserting  after  the  word  "recorder",  in  the  seventh 
line,  the  words  :  —  but  no  matters  shall  be  tried  in  the 
superior  court  except  those  specified  in  the  appeal,  — and 
by  striking  out  the  w^ords  "  In  such  case,  issues  for  the 
jury  shall  be  framed",  in  the  thirteenth  line, — so  as  to 
read  as  follows  :  —  Section  13.  Exery  order,  decision  and 
decree  of  the  court  whereby  any  party  is  aggrieved  shall 
be  subject  to  appeal  to  the  superior  court  for  the  county 
in  which  the  land  lies,  to  Avhich  such  order,  decision  or 
decree  relates  as  to  any  questions  involved  therein.  The 
appeal  shall  be  claimed  and  entered  and  issues  framed 
therefor  in  the  court  of  land  registration  within  thirty 
days  after  the  date  of  such  order,  decision  or  decree,  and 
upon  the  entry  of  the  appeal  the  appellant  shall  file  in  the 
superior  court  copies  of  all  material  papers  in  the  case, 
certified  by  the  recorder ;  but  no  matters  shall  be  tried 
in  the  superior  court  except  those  specified  in  the  appeal. 
Appearances  and  answers  shall  be  filed  in  the  superior 
court  within  thirty  days  after  the  appeal  has  been  entered, 
unless  for  good  cause  further  time  is  allowed.  Upon  the 
motion  of  either  party,  the  cause  shall  be  advanced  for 
speedy  hearing,  and  shall  be  tried  by  the  court,  unless 
either  party  within  the  time  allowed  for  entering  appear- 
ance claims  a  trial  by  jury.  Questions  of  law  arising  in 
the  superior  court  may  be  taken  to  the  supreme  judicial 
court  for  revision  by  any  party  aggrieved  by  any  opinion, 
ruling,  direction  or  judgment  of  the  court,  in  the  same 
manner  as  in  proceedings  at  law  in  said  court. 


Acts,  1902.  — Chaps.  459,  460.  371 

Questions  of  law  arising  in  the  court  of  land  registra-  Questions  of 
tion   on  any  decision   or  decree  may  be  taken  by  any  lakenTo  ^^ 
party  direict  to  the  supreme  judicial  court  for  revision,  clarc^oMtfelo. 
in  the  same  manner  as  questions  of  law  arc  taken  to  that 
court  from  the  superior  court.     The  court  of  land  regis- 
tration, after  any  decision  or  decree  dependent  upon  a 
question    of  law,   may  report  such  decision   or  decree, 
with  so  much  of  the  case  as  is  necessary  for  understand- 
ing such  questions  of  law,  for  the  determination  of  the 
supreme  judicial  court. 

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

Approved  June  10,  1902. 


An  Act  kelative  to  the  weighing  and  inspection    of  hay 

and  straw. 


ChapA59 


Be  it  enacted,  etc.,  as  follows  : 

Section  thirty-nine  of  chapter  fifty-seven  of  the  Revised  f^endJd.^^^' 
Laws  is  hereby  amended  by  striking  out  in  the  third  and 
fourth  lines,  the  words   "unless  the  vendor  and  vendee 
waive  an  inspection",  and  by  adding  at  the  end  of  the 
section  the  words  :  —  but  no  such  inspection  and  weigh- 
ing need  be  made  unless  the  vendee  at  the  time  of  pur- 
chase requires  it,  —  so  as  to  read  as  follows  :  —  Section  Penalty  for 
39.     Whoever,  in  a  city  or  town  for  which  an  inspector  or^buncUecrhty 
is  appointed,  sells  pressed  or  bundled  hay  or  straw  which  out^utpection, 
has  not  been  inspected  and  weighed  as  before  provided,  ®'*'- 
shall  forfeit  two  dollars  for  each  bale  or  bundle  so  sold  ; 
but  no  such  inspection  and  weighing  need  be  made  unless 
the  vendee  at  the  time  of  purchase  requires  it. 

Approved  June  10,  1902. 

An  Act  to  abolish  the  board  of  public  works  of  the  city  OJidj)  460 

OF  new   BEDFORD. 

jBe  it  enacted,  etc.,  as  follows : 

Chapter  one  hundred  and  sixty-seven  of  the  acts  of  the  Board  of  pubuc 
year  eighteen  hundred  and  eighty-nine  and  the  acts  in  Bodford^ ^""^"^ 
amendment  thereof  are  hereby  repealed  ;  and  the  duties  "''o'l^^ed,  etc 
and  powers  of  the  board  of  public    works   of  the  city 
of  New  Bedford  are  hereby  transferred  to  the  board  of 
aldermen  and  the  common  council  of  that  city. 

Approved  June  10,  1902. 


372 


Acts,  1902.  —  Chaps.  4(>1,  402,  463. 


City  of  Rrock- 
toii  may  lay  its 
water  pipes, 
etc.,  through 
lands  iu  East 
Bridgewater, 
etc. 


ChcipAi)!  ^N  -^^'^  AUTHORIZING  THE  CITY  OK  HKOCKTON  TO  LAY  ITS  WATEIt 
PIPES  AND  CONDUITS  IN  AND  THROUGH  LANDS  IN  THE  TOWN  OF 
EAST    BRIDGEWATER. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  city  of  BrocKton,  for  the  purposes 
named  in  chapter  three  hundred  and  fifty-six  of  the  acts 
of  the  year  eighteen  hundred  and  ninet^^-nine,  may  con- 
struct and  lay  aqueducts,  conduits,  pipes  and  other  works 
in,  under,  tlirough  or  over  any  lands,  water  courses,  rail- 
roads, railways  or  public  or  private  ways  from  said  city 
through  the  town  of  East  Bridgewater  and  along  any 
such  ways  in  such  a  manner  as  wall  least  obstruct  the 
same,  with  the  same  powers  and  subject  to  the  same  lia- 
bilities, duties  and  obligations  specified  in  said  chapter 
in  relation  to  the  towns  mentioned  therein. 

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

Approved  June  10,  1902. 

C7lCiP.4:G2  -^"^  -^CT   TO   ESTABLISH   THE  SALARY  OF   THE  CLERK   OF   COURTS   FOR 

THE   COUNTY'   OF   PLITMOUTH. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1,     The  salary  of  the  clerk  of  courts  for  the 


Salary  of  clerk 
of  courts  for 
Plymouth 
county  estab- 
lished. 


ChapA63 


CoramiBsioners 
of  savings 
banks  may 
examine  affairs 
of  certain 
foreign  banking 
associations, 
etc. 


county  of  Plymouth  shall  be  twentj^-five  hundred  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  efiect  upon  its  passage. 

Approved  June  11,  1902. 

An  Act  to  authorize  the  commissioners  of  savings  banks  to 

VISIT  the  office  of  ANY  FOREIGN  BANKING  ASSOCIATION  OR 
CORPORATION  LOCATED  IN  THE  COMMONWEALTH  AND  TO  EXAM- 
INE ITS   AFFAIRS. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  board  of  commissioners  of  savings 
banks,  or  any  member  of  said  board,  is  hereby  authorized 
to  visit  the  oflice  or  branch  office  of  any  forei<>:n  bankino; 
association  or  corporation  located  in  this  Commonwealth, 
and  they  shall  have  the  same  powers  to  examine  such  office 
or  branch  offi'ce  and  the  affairs  of  such  association  or  cor- 
poration, as  arc  given  to  said  commissioners  in  respect  to 
the  examination  of  savings  banks. 

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

Aj)proved  June  11,  1902. 


Acts,  1902.  —  Chaps.  464,  465.  373 

An  Act  relative  to  the  RECOVERr  of  damages  by  owners  of  /^7,^,^  4fi4- 

WHARF   PROPEKTY   LOCATED   ABOVE   THE   SITE   OF   THE   DRAWLESS  ^ 

BRIDGE    TO    BE    ERECTED    ACROSS   THE    CHARLES   RIVER    BETWEEN 
THE   CITIES   OF   BOSTON   AND   CAMBRIDGE. 

He  it  enacted^  etc.,  as  folio ivs  : 

Section  1.  Any  owner  or  owners  of  wharf  property  Owners  of  cer- 
used  as  such  on  or  before  the  twenty-ninth  day  of  March  p^roperty'^on  the 
in  the  year  nineteen  liundred,  situated  on  the  Charles  river  may'^recover'^ 
above  the  drawless  bridge  over  said  river,  wliich  was  au-  damages,  etc. 
thorized  to  be  constructed  by  the  Cambridge  bridge  com- 
mission under  cliapter  four  hundred  and  sixty-seven  of 
the  acts  of  the  year  eigliteen  hundred  and  ninety-eight, 
and  under  cliapter  one  hundred  and  eighty  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-nine,  shall,  if  said 
bridge  is  built  without  a  draw,  be  entitled  to  recover 
damages  for  any  injury  occasioned  to  such  property  by 
reason  of  interference  with  the  access  by  w^ater  thereto, 
enjoyed  on  said  twentj^-ninth  day  of  March  in  the  year 
nineteen  hundred,  and  theretofore,  because  of  the  con- 
struction of  said  bridge  without  a  draw,  in  accordance 
with  the  condition  contained  in  the  act  of  congress  ap- 
proved March  twenty-ninth  in  the  year  nineteen  hundred. 
Any  person  entitled  to  any  such  damages  to  his  property 
may  have  the  same  determined  by  a  jury  in  the  superior 
court  for  the  county  of  Sufiblk  or  for  the  county  of 
Middlesex,  on  petition  therefor,  filed  within  two  years 
after  said  bridge  without  a  draw  has  been  opened  for 
public  travel.  The  city  of  Boston  shall  be  liable  for 
such  damages  incurred  by  all  such  persons  or  corpora- 
tions owning  wharf  property  thus  injured  on  the  Boston 
side  of  said  river.  The  city  of  Cambridge  shall  be  liable 
for  such  damages  incurred  by  all  such  persons  or  corpo- 
rations owning  wharf  property  thus  injured  on  the  Cam- 
bridge side  of  said  river. 

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

Approved  June  11,  1902. 

An  Act  to  authorize  the  city  of  everett  to  take  land  for  /^7.^,j.  4(^^ 
A  hospital  for  contagious  diseases.  "^ 

Be  it  enacted,  etc.,  as  follows : 

Section  1.     For  the  erection   and  maintenance  of  a  city  of  Everett 
hospital  for  the  care  of  persons  suffering  from  contagious  u>iVho6pm^ 


374 


Acts,  1902.  —  Chaps.  466,  467. 


for  coutagious 


DeBcriptiou  of 
land  to  be 
recorded,  etc. 


Damages. 


diseases,  and  for  purposes  incidental  thereto,  the  city  of 
Everett  by  its  city  council  may  take  any  lands  within 
the  limits  of  said  city. 

Section  2.  AVithin  sixty  days  after  the  taking  of  any 
land  as  aforesaid,  otherwise  than  by  purchase  or  gift,  the 
city  council  shall  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  southern  district  of  the  county  of  Middle- 
sex a  description  thereof  sufficiently  accurate  for  identi- 
fication, Avith  a  statement  of  the  purpose  for  which  the 
same  was  taken,  which  statement  shall  be  signed  by  the 
mayor  of  the  city  ;  and  upon  such  recording  the  title  of 
the  land  so  described  shall  vest  in  said  city  in  fee. 

Section  3.  Said  city  shall  pay  all  damages  to  prop- 
erty sustained  by  any  person  or  corporation  by  the 
taking  of  any  land  or  of  any  rights  in  land  under  the 
authority  of  this  act.  Any  person  or  corporation  thus 
sustaining  damages,  who  fails  to  agree  with  said  city  as 
to  the  amount  thereof,  may  have  the  same  determined  in 
the  manner  provided  by  law  in  the  case  of  land  taken  for 
the  erection  of  public  buildings,  on  application  at  any 
time  wdthin  two  years  after  the  taking  of  such  land  or 
rights  in  land  under  authority  of  this  act. 

Section  4.     This  act  shall  take  ej9fect  upon  its  passage. 

Approved  June  11,  1902. 


Ch(iP.4:G(}   -^^    ■^'^'^  ^^   AUTHORIZE    THE   CITY   OF   EVERETT   TO    PAY   A    SUM    OF 
MONEY   TO   THE  WIDOW   OF  THOMAS   KEEFE. 


City  of  Everett 
may  pay  a  sum 
of  mouey  to 
widow  of 
Thomas  Keefe. 


Be  it  enacted,  etc. ,  as  foUotvs : 

Section  1.  The  city  of  Everett  is  hereby  authorized 
to  pay  to  Bridget  Keefe,  the  widow  of  Thomas  Keefe  late 
a  member  of  the  police  department  of  that  city,  a  sum 
not  exceeding  one  half  of  the  annual  salary  of  the  said 
Thomas  Keefe  at  the  time  of  his  death. 

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

Ap)proved  June  11,  1902. 


CllCipA'&l  -^^  ^^'^  "^^  PROVIDE  FOR  THE  PAYMENT  OF  A  CERTAIN  SUM  OF 
MONEY  BY  THE  CITY  OF  FITCHBURG  TO  THE  TOW^N  OF  WEST- 
MINSTER. 

Be  it  enacted,  etc.,  as  follows : 
City  of  Fitch.         Section  1.     The  city  of  Fitchburg  shall,  within  six 

burg  to  pay  a  i  .  i  f  i  ^ 

certain  sum  of    uiouths  attcr  thc  passagc  of  this  act,  pay  to  the  town  of 
towuof  Westminster  thc  sum  of  sixteen  thousand  eight  hundred 

Westminster. 


Acts,  1902.  — Chaps.  468,  469.  375 

dollars,  in  full  compensation  for  the  loss  sustained  by  the 
said  town  by  the  taking  of  certain  taxable  property 
therein  under  the  provisions  of  section  four  of  chapter 
sixty  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
two.  This  sum  shall  be  in  lieu  of  taxes,  past,  present  or 
future,  payable  upon  the  said  property  by  the  said  city, 
and  in  lieu  of  any  damage  incurred  by  the  town  by  the 
taking  aforesaid. 

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

Ajyproved  June  11,  1902. 

An  Act  in  addition  to  an  act  making  an  appropriation  for  (JJinn  4gg 

OPERATING   THE    STEAMER   LEXINGTON    IN    THE    ENFORCEMENT   OF 
THE   LAM^S   RELATIVE   TO   FISHERIES. 

Be  it  enacted,  etc.,  as  foUoivs : 

The  sum  of  four  thousand  dollars  is  hereby  appropri-  ^teame!-°Lex- 
ated,  to  be  paid  out  of  the  treasury  of  the  Commonwealth  ington. 
from  the  ordinary  revenue,  to  meet  the  expense  of  oper- 
ating the  steamer  Lexington,  which  is  under  the  charge 
of  -the  chief  of  the  district  police  and  is  used  for  the 
enforcement  of  the  fish  laws  of  the  Commonwealth,  the 
said  amount  to  be  in  addition  to  the  five  thousand  dollars 
appropriated  by  chapter  three  hundred  and  five  of  the 
acts  of  the  present  year.  Of  the  amount  herein  appro- 
priated a  sum  not  exceeding  twenty-eight  hundred  dol- 
lars shall  be  used  for  the  running  expenses,  and  a  sum  not 
exceeding  twelve  hundred  dollars  for  necessary  repairs. 

Ax>proved  June  11,  1902. 

An  Act    making    appropriations  for    sundry    miscellaneous  fyij^,^  Arq 

EXPENSES    AUTHORIZED    DURING     THE     PRESENT    YEAR,    AND    FOR  ^  * 

CERTAIN   OTHER   EXPENSES   AUTHORIZED    BY   LAW. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  sums  hereinafter  mentioned  arc  ap-  Appiopriationg. 
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   Martha   Reese    Grant,   as    authorized  by  chapter  Martha  Reese 
seventy-two  of  the  resolves  of  the  present  year,  the  sum  ^''*°^' 
of  three  hundred  dollars. 


37G 


Acts,  1902.  — Chap.  469. 


state  normal 
school  at 
Bridgewater. 


State  normal 
school  at 
Worcester. 


Repair,  etc.,  of 
certain  appara- 
tus in  boiler 
inspection 
department. 


Payment  of 
interest  on 
deposit  of  the 
Boston,  Cape 
Cod  and  New 
York  Canal 
Company. 


Support  of 
state  normal 
schools. 


Agents  of  state 
board  of  educa- 
tion. 


Compensation 
of  persons 
appointed  to 
prepare  for 
printing  the 
Revised  Laws. 


Compensation, 
etc.,  of  person 
appointed  to 
prepare  index 
to  the  Revised 
Laws. 


New  Bedford 
Textile  School. 


For  the  purchase  of  additional  land  for  the  use  of  the 
state  normal  school  at  Bridgewater,  as  authorized  by 
chapter  seventy-three  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  thirty-five  hundred  dollars. 

For  a  chemical  department  in  the  state  normal  school 
at  Worcester,  as  authorized  by  chapter  seventy-four  of 
the  resolves  of  the  present  year,  a  sum  not  exceeding 
seventy-five  hundred  dollars. 

For  the  maintenance  and  repair  of  certain  apparatus 
used  in  the  boiler  inspection  department  of  the  district 
police,  as  authorized  by  chapter  sevent3^-six  of  the  re- 
solves of  the  present  year,  a  sum  not  exceeding  five  hun- 
dred dollars. 

For  the  payment  to  the  Boston,  Cape  Cod  and  New 
York  Canal  Company  of  interest  received  by  the  Com- 
monwealth on  money  deposited  by  the  company  with  the 
treasurer  of  the  Commonwealth,  as  authorized  by  chapter 
seventy-eight  of  the  resolves  of  the  present  year,  the  sum 
of  ten  thousand  five  hundred  eighty-seven  dollars  and 
thirty-eight  cents. 

For  the  support  of  state  normal  schools,  including  the 
emploj^ment  of  accountants  and  other  expenses  of  the 
boarding  houses  at  said  schools,  a  sum  not  exceeding  one 
thousand  dollars,  to  be  paid  out  of  the  moiety  of  the 
income  of  the  Massachusetts  School  Fund  applicable  to 
educational  purposes,  the  same  to  be  in  addition  to  any 
amount  heretofore  api)ropriated  for  the  same  purpose. 

For  salaries  and  expenses  of  agents  of  the  state  board 
of  education,  a  sum  not  exceeding  twenty-seven  hundred 
and  fifty  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  same  purpose. 

For  the  compensation  of  persons  appointed  to  prepare 
for  printing  the  Revised  Laws,  as  authorized  by  chapter 
one  hundred  and  twenty-two  of  the  resolves  of  the  year 
nineteen  hundred  and  one,  the  sum  of  two  hundred  dol- 
lars, the  same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  same  purpose. 

For  compensation  and  expenses  of  the  person  appointed 
to  prepare  the  index  of  the  Revised  Laws,  as  authorized 
by  chapter  five  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  seven  thousand  dollars. 

For  the  New  Bedford  Textile  School,  as  authorized  by 
chapter  seventy-nine  of  the  resolves  of  the  present  year, 
the  sum  of  eighteen  thousand  dollars. 


Acts,  1902.  — Chap.  469.  377 

For  Herman  B.  Cook  of  Boston,  as  authorized  by  chap-  Herman  b. 
ter  eighty  of  tlie  resolves  of  the  present  year,  tlie  sum    °°^" 
of  sixty  dollars. 

For  expenses  of  the  band  of  and  for  the  purchase  of  a  MasBachusetts 
flag  for  the  Massachusetts  Agricultural  College,  as  author-  college. "'^'^ 
ized  by  chapter  eighty-one  of  the  resolves  of  the  present 
year,  the  sum  of  two  hundred  dollars. 

For  i)rintino-  the  report  of  the  board  of  harbor  and  land  Printing  report 

i  o  1  as  to  a  canal 

commissioners  as  to  a  canal  from  the  Taunton  river  to  from  Taunton 
We^aiiouth  Fore  river,  as  authorized  by  chapter  eighty-  mouth  Fore 
two  of  the  resolves  of  the  present  year,  a  sum  not  exceed-  "^^'^" 
ing  one  hundred  dollars,  said  amount  to  be  paid  out  of 
the  sum  appropriated  for  the  expenses  of  said  survey. 

For  such  additional  clerical  assistance  as  the  adjutant  ^^arderifar" 
general  may  deem  necessary,  and  for  compensation  of  assistance,  etc. 
employees  at  the  state  arsenal,  a  sum  not  exceeding  eight 
hundred  dollars,  as  authorized  by  chapter  three  hundred 
and  thirty-six  of  the  acts  of  the  present  year,  said  sum 
to  be  in  addition  to  the  amount  appropriated  for  the  same 
purpose  by  chapter  eighty-eight  of  the  acts  of  the  present 
year. 

For  messengers  and  such  additional  clerical  assistance  secretary  of  the 
as  the  secretary  of  the  Commonwealth  may  find  necessary,  weSu° clerical 
a  sum  not  exceeding  two  hundred  dollars,  as  authorized  assistance,  etc. 
by  chapter  tlii'ee  hundred  and  sixty-four  of  the  acts  of 
the  present  year,  said  amount  to  be  in  addition  to  the 
amount  appropriated  for   the  same  purpose  by  chapter 
twenty  of  the  acts  of  the  present  year. 

For  compensation  and  expenses  of  the  committee  to  compensation, 
consider  the  advisability  of  constructing  a  dam  across  the  teeto°coMTd^r*" 
Charles  river  between  the  cities  of  Boston  and  Cambridge,  dim^ac^ross  ttfe 
as  authorized  by  chapter  one  hundred  and   five  of  the  oharies  river, 
resolves  of  the  year  nineteen  hundred  and  one,  a  sum  not 
exceeding  ten  thousand  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for  the  same 
purpose. 

For  salaries  and  travelling  expenses  of  the  three  addi-  adduionkf**'''"* 
tional  associate  iustices  of  the  superior  court,  as  author-  associate  jus. 

-  1  1  1  iTi-ij  1  /»ji        tices  of  superior 

ized  by  chapter  tliree  hundred  and  eighty-three  oi  the  court, 
acts  of  the  present  year,  a  sum  not  exceeding  thirteen 
thousand    dollars,  the   same   to  be    in    addition    to    any 
amount  heretofore  appropriated  for  the  same  purpose. 

For  repairs  at  the  reformatory  prison  for  women,  as  Reformatory 
authorized  by  chapter  eighty-three  of  the  resolves  of  the  women.°'^ 


378 


Acts,  1902.  — Chap.  469. 


Preparation, 
t)tc.,  of  aniuiiuiil 
of  revised 
Bchool  laws. 


Tauuton  insaue 
Iiospital. 


Completion  of 
uiouument  on 
Dorchester 
Ileiglits. 


State  Industrial 
school  for  girls. 


Lyman  school 
for  boys. 


Expenses  of 
team  of  militia 
to  attend  inter- 
national rifle 
match. 


State  fire 
marshal. 


Salaries,  etc., 
of  railroad  and 
railway  inspect- 
ors. 


Additional 
clerical  assist- 
ance. 


present  yenr,  a  sum  not  exceeding  ten  thousand  five  hun- 
dred dollars. 

For  preparing  and  publishing  a  manual  of  the  revised 
.school  laws  by  the  state  board  of  education,  as  authorized 
by  chapter  eighty-five  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  five  hundred  dollars. 

For  certain  improvements  at  the  Taunton  insane  hos- 
pital, as  authorized  by  chapter  eighty-seven  of  the  re- 
solves of  the  present  year,  a  sum  not  exceeding  eighteen 
thousand  dollars. 

For  the  completion  of  the  monument  on  Dorchester 
Heights  in  the  city  of  Boston,  as  authorized  Ijy  chapter 
eighty-eight  of  the  resolves  of  the  present  year,  a  sum 
not  exceeding  three  thousand  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated  for  the 
same  pm'pose. 

For  certain  improvements  at  the  state  industrial  school 
for  girls,  as  authorized  by  chapter  eighty-nine  of  the 
resolves  of  the  present  year,  a  sum  not  exceeding  twenty- 
four  thousand  one  hundred  dollars. 

For  expenses  in  connection  with  the  disposal  of  sewage 
at  the  Lyman  school  for  boys,  as  authorized  by  chapter 
ninety  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  six  thousand  dollars. 

For  the  expenses  of  a  team  of  the  militia  to  attend  the 
international  rifle  match  at  Sea  Girt,  New  Jersey,  as  au- 
thorized by  chapter  ninety-one  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  two  thousand  dollars. 

For  salaries  and  expenses  in  the  office  of  the  state  fire 
marshal,  from  May  first  up  to  and  including  May  ninth 
of  the  present  year,  the  sum  of  one  thousand  sixty-seven 
dollars  and  sixty-one  cents. 

For  the  salaries  and  expenses  of  the  railroad  and  rail- 
way inspectors  of  the  board  of  railroad  commissioners, 
as  authorized  by  chapter  four  hundred  and  two  of  the 
acts  of  the  present  year,  a  sum  not  exceeding  thirteen 
hundred  dollars,  the  same-  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  same  }nirpose. 

For  additional  clerical  assistance  for  the  register  of 
probate  and  insolvency  for  the  county  of  Bristol,  as  au- 
thorized by  chapter  four  hundred  and  twelve  of  the  acts 
of  the  present  year,  a  sum  not  exceeding  tAvo  hundred 
dollars,  the  same  to  be  in  addition  to  any  amount  here- 
tofore appropriated  for  the  same  purpose. 


Acts,  1902.  — Chap.  470.  379 

For  the  town  of  Pliillipston,  as  authorized  by  chapter  Town  of 
ninety-three  of  the  resolves  of  the  present  year,  the  sum  ^'^'"'P"*""- 
of  four  hundred  thirty  dollars  and  forty-six  cents,  to  be 
paid  out  of  the  moiety  of  the  income  of  the  Massachusetts 
School  Fund  payable  to  towns  for  educational  expenses. 

For    repairing  and    adding  to  the   standard   weights,  standard 
measures  and  balances  of  the  Commonwealth,  as  author-  ui^Jf ami  baT" 
ized  by  chapter  ninety-four  of  the  resolves  of  the  present  comLonweaith. 
year,  a  sum  not  exceeding  one  thousand  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated 
for  the  same  purpose. 

For  the  widow  of  John  N.  Ball,  as  authorized  by  chap-  widow  of  John 
ter  ninety-five  of  the  resolves  of  the  present  year,  the  ^•^'''^• 
sum  of  one  hundred  dollars. 

For  a  dormitory  at  the  state  normal  school  at  Fitch-  state  normal 
burg,  as  authorized  by  chapter  ninety-seven  of  the  re-  ^^'J.""' ''^  F'"'^- 
solves  of  the  present  year,  a  sum  not  exceeding  thirty 
thousand  dollars. 

For  a  dormitory  at  the  state  normal  school  at  North  state  normal 
Adams,  as  authorized  by  chapter  ninety-eight  of  the  re-  Adams! 
soh^es  of  the   present  year,  a  sum   not  exceeding  forty 
thousand  dollars. 

For  certain  improvements  at  the  state  camp  ground,  as  state  camp 
authorized  by  chapter  ninety-nine  of  the  resolves  of  the  ^'°'^°  ' 
present  year,  a- sum  not  exceeding  fifteen  hundred  dol- 
lars. 

For  travelling,  incidental  and  contingent  expenses  of  concluattou  aid 
the  state  board  of  conciliation  and  arbitration,  a  sum  not  arbitration, 
exceeding  twenty-five  hundred  dollars,  the  same  to  be  in 
addition  to  any  amount  heretofore  appropriated  for  the 
same  purpose. 

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

Approved  June  11,  1902. 


ChapAlO 


An  Act  to  provide  for  the  preservation  of  town  records 
of  births,  marriages  and  deaths  previous  to  the  year 
eighteen  hundred  and  fifty. 

Be  it  enacted,  etc.^  as  follows : 

Section  1.     "Whenever  the  record  of  the  births,  mar-  secretary  of  the 

T       1        ,  1  •  J.        J.1  •     I  i  1  Commonwealth 

riages  and   deaths,  previous  to  the  year  eighteen    hun-  to  purchase 
dred  and  fifty,  of  any  town  in  this  Commonwealth,  shall  ^f'certahT''*'"' 
be  printed  and  verified  in  the  manner  required   by  the  ^t^^h^^mar- 
commissioner   of  public  records   and   the   board   of  free  nagesaud 

*■  *  deaths. 


380 


Acts,  1902.  — Chaps.  471,  472. 


Provisos. 


Distribution. 


public  library  commissioners,  acting  jointly,  and  the 
work  shall  appear  to  them  to  have  been  prepared  with 
accuracy,  the  secretary  of  the  Commonwealth  shall  pur- 
chase live  hundred  copies  of  such  record  at  a  price  not 
exceeding  one  cent  per  page  :  provided,  that  the  written 
copy  of  the  town  records  shall  become  the  property  of 
the  Commonwealth,  and  shall  be  deposited  in  the  office 
of  the  secretary  of  the  Commonwealth  ;  and  j^^'oi'ided, 
fnvther,  that  not  more  than  fifteen  thousand  dollars  shall 
be  expended  by  authority  of  this  act  in  any  one  year. 

Section  2.  The  volumes  purchased  as  aforesaid  shall 
be  distributed  by  the  secretary  as  follows  :  —  One  copy 
to  the  office  of  the  secretary  of  the  Commonwealth ;  one 
copy  to  the  commissioner  of  public  records ;  one  copy 
to  the  free  public  library  of  each  city  and  town  in  the 
Commonwealth  ;  one  copy  to  each  state  and  territorial 
library  in  the  United  States  ;  one  copy  to  the  library  of 
congress  ;  one  copy  to  each  incorporated  historical  society 
in  the  Commonwealth  ;  one  copy  to  the  library  of  each 
college  in  the  Commonwealth ;  one  copy  to  each  registry 
of  deeds,  and  one  copy  to  the  court  of  registration.  The 
remainder  shall  be  placed  in  the  state  library  for  purposes 
of  exchange.  Ax)proved  Jane  11,  1902. 


C'/i«/9.471   -^^  -^CT  TO   ESTABLISH    THE   SALARIES   OF    THE;,  ASSISTANT    DISTRICT 
ATTORNEYS   FOR   THE   SUFFOLK   DISTRICT. 


Salary  of  first 
assistant  dis- 
trict attorney 
for  Suffolk  dis- 
trict estab- 
lished. 


Salary  of 
second  assist- 
ant district 
attorney  for 
Suffolk  district 
established. 


Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  The  salary  of  the  first  assistant  district 
attorney  for  the  Suffolk  district  shall  be  thirty-eight 
hundred  dollars  a  year,  to  be  so  allowed  from  the  first 
day  of  July  in  the  year  nineteen  hundred  and  two. 

Section  2.  The  salary  of  the  second  assistant  district 
attorney  for  the  Suffolk  district  shall  be  thirty-eight  hun- 
dred dollars  a  year,  to  l)e  so  allowed  from  the  first  day 
of  July  in  the  year  nineteen  hundred  and  two. 

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

Apj^roved  June  11,  1902. 


Ch(ip.4:7'2i  ■^'^    ■^^'^    TO    AUTHORIZE    THE    TOWN    OF    SWANSEA     TO    BORROW    A 
CERTAIN   SUM   OF   MONEY   FOR  THE   CONSTRUCTION   OF  HIGHWAYS. 


Swansea  High- 
way Loan. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.     The  town  of  Swansea  is  hereby  author- 
ized to  expt^nd  the  sum  of  fifty  thousand  dollars  in  the 


Acts,  1902.  — Chap.  473.  381 

construction,  repair  and  improvement  of  highways  in  the 
said  town,  and  to  issue  notes,  scrip  or  bonds  tlierefor  to 
an  amount  not  exceeding  said  sum.  Such  notes,  scrip 
or  bonds  sliall  be  denominated,  Swansea  Highway  Loan, 
and  shall  be  issued  in  such  amounts,  subject  to  the  above 
limitation,  and  at  such  times  as  the  town  shall  deter- 
mine. They  shall  be  payable  in  periods  not  exceeding 
thirty  years  from  the  dates  of  issue  ;  shall  bear  interest, 
payable  semi-annually,  at  a  rate  not  exceeding  three  and 
three  quarters  per  cent  per  annum,  and  shall  be  signed 
by  the  selectmen  of  the  town  and  countersigned  by  the 
treasurer.  The  town  may  sell  the  same  at  public  or  pri- 
vate sale,  or  pledge  them  for  money  borrowed  for  the 
purposes  above  stated  ;  and  such  securities,  or  the  pro- 
ceeds thereof,  shall  be  used  for  no  other  purpose. 

Section  2.     The  town  shall,  in  accordance  with  the  payment  of 
provisions  of  chapter  twenty-seven  of  the  Revised  Laws,  ^°*°' 
either  provide  a  sinking  fund  for  the  payment  of  any 
securities  issued  hereunder,  or  provide  for  such  annual 
proportionate  payments  as  will  extinguish  the  same  at 
maturity. 

Section  3.     This  act  shall  take  effect  upon  its  accept-  ^vhentotake 
ance  by  a  tAvo  thirds  vote  of  the  voters  of  the  town  of 
Swansea  present  and  voting  thereon  at  a  town  meeting 
called  for  the  purpose  within  one  year  after  its  passage. 

Approved  June  12,  1902. 


ChapAin 


An  Act    kelative  to  taxes  upon    collateral  legacies  and 

successions. 

Be  it  enacted,  etc.,  as  folloivs : 

Section  1.     In  all  cases  where  there  has  been  or  shall  Taxes  upon 

!•  ^  1  iijii'  collateral  lega- 

be  a  devise,  descent  or  bequest  to  collateral  relatives  or  ciesandsuc- 
strangers  to  the  blood,  liable  to  collateral  inheritance  ''*'®"°"^' 
tax,  to  take  effect  in  possession  or  come  into  actual  en- 
joyment after  the  expiration  of  one  or  more  life  estates 
or  a  term  of  years,  the  tax  on  such  property  shall  not 
be  payable  nor  interest  begin  to  run  thereon  until  the 
person  or  persons  entitled  thereto  shall  come  into  actual 
possession  of  such  propert}^  and  the  tax  thereon  shall  be 
assessed  upon  the  ^alue  of  the  property  at  the  time  when 
the  right  of  possession  accrues  to  the  person  entitled 
thereto  as  aforesaid,  and  such  person  or  persons  shall  pay 
the  tax  upon  coming  into  possession  of  such  property. 


Provisos. 


382  Acts,  1902.  — Chap.  474. 

The  executor  or  administrator  of  the  decedent's  estate 
may  settle  his  account  in  the  probate  court  without  being 
liable  for  said  tax  :  provided^  that  such  person  or  persons 
may  pay  the  tax  at  any  time  prior  to  their  coming  into 
possession,  and  in  such  cases  the  tax  shall  be  assessed  on 
the  value  of  the  estate  at  the  time  of  the  payment  of  the 
tax,  after  deducting  the  value  of  the  life  estate  or  estates 
for  years  ;  and  jiwi'ided^  further,  that  the  tax  on  real 
estate  shall  remain  a  lien  on  the  real  estate  on  which 
the  same  is  chargeable  until  it  is  paid. 

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

Approved  June  12,  1902. 

Ch(lV'4:74:  -^^  -^^"^  RELATIVE   TO   THE   CARE    AND   CUSTODY   OF   MINORS. 

Be  it  enacted,  etc.,  as  foUoivs : 

Snended'^^'  Scctiou  four  of  chapter  one  hundred  and  forty-five  of 
the  Revised  Laws  is  hereby  amended  by  striking  out  the 
word  "father",  in  the  fifth  line,  and  inserting  in  place 
thereof  the  Avord  :  —  parents, — by  inserting  after  the 
w^ord  "minor",  in  the  same  line,  the  word: — jointly, 
—  by  striking  out  the  word  "his",  in  the  same  line,  and 
inserting  in  place  thereof  the  word  ; — the, — by  inserting 
after  the  word  "  death",  in  the  same  line,  the  words  :  — 
of  either,  —  and  by  striking  out  the  word  ' '  mother  ",  in 
the  sixth  line,  and  inserting  in  place  thereof  the  Avords  :  — 

Care  and  CUB.  surviving  parent,  —  so  as  to  read  as  follows  :  —  Section  4. 
The  guardian  of  a  minor,  unless  sooner  discharged  accord- 
ing to  law,  shall  continue  in  office  until  the  minor  arrives 
at  the  age  of  twenty-one  years,  and  he  shall  have  the 
custody  and  tuition  of  his  Avard  and  the  care  and  man- 
agement of  all  his  estate,  except  that  the  parents  of  the 
minor,  jointly,  if  living,  and  in  case  of  the  death  of 
either,  the  surviving  parent,  they  being,  respectively, 
competent  to  transact  their  own  business,  shall  be  en- 
titled to  the  custody  of  the  person  of  the  minor  and  to 
the  care  of  his  education  ;  but  the  probate  court  may 
order  that  the  guardian  shall  have  such  custody,  if,  upon 
a  hearing  and  after  such  notice  to  the  parents  or-  surviving 
parent  as  it  may  order,  it  finds  such  parents  or  parent  to 
be  unfit  to  have  such  custody,  or  if  it  finds  one  of  them 
unfit  therefor,  and  the  other  files  in  such  court  his  or  her 
consent  in  Avriting  to  such  order. 

Approved  June  12,  1902. 


Acts,  1902.  — Chat.  475.  383 


An  Act  to  incorporate  the  new  york  and  Berkshire  street  (JJiav .4ti B 

RAILWAY   COMPANY. 

Be  it  enacted^  etc.,  as  follows : 

Section  1.     Roscoe  C.  Taft,  William  C.  Dalzell,  J.  New  York  and 
Fred  Whiting,   G.  Will  Piatt,   Herbert  F.   Keith,  John  street  Railway 
C.  Benton,   Frank  B.  Schutt,  John  A,  Brewer,  Orlando  incorpMated. 
C.  Bidwell  and  George  W.  Mellen,  their  associates  and 
successors,  are  hereby  made  a  corporation  under  the  name 
of  the  New  York  and  Berkshire  Street  Railway  Company, 
with  all  the  powers  and  privileges  and  subject  to  all  the 
duties,  conditions  and  restrictions  set  forth  in  all  general 
laws  now  or  hereafter  in  force  relating  to  street  railway 
companies. 

Section  2.     Said  company  may  locate,  construct,  main-  May  construct, 
tain  and  operate  its  railway  in  such  manner  as  may  be  fn*'certlin*'^'^*^ 
convenient  and  necessary,  in  part  upon  private  land,  and  to^""- 
upon  highways  or  state  highways  in  the  towns  of  INIount 
AVashington,    Egremout,    Great    Barrington,    Monterey, 
Otis,  Sandisfield,  Tolland,  Granville,  Russell,  Blandford, 
Southwick,  Westfield  and  Agawam,  subject  "to  the  ap- 
proval and  under  the  control  of  the  selectmen  of  the  re- 
spective towns  as  provided  by  general  laAvs,  and  subject 
also   to  the  approval  and   control   of  the  Massachusetts 
highway  commission  as  to  any  part  of  said  railway  located 
upon  a  state  highway.     The  location  of  said  railwa}^  out-  Location. 
side  the  public  streets  and  highways  shall  not  exceed  five 
rods  in  Avidth. 

Section  3.     The  proceedings  for  the  fixing  of  the  route  Proceedings  for 
and  location  of  said  railway  for  that  part  of  the  route  out-  tLkTug'i^i^op- 
side  of  highways,  and  for  the  taking  of  private  property  ^^J'^tc. 
and  for  the  determination  and  payment  of  damages  there- 
for, shall  be  similar  to  those  prescribed  by  general  law  in 
relation  to  railroads. 

Section  4.  Said  company  may  maintain  and  operate  Motive  power, 
its  railway  by  any  approved  power  other  than  steam,  and  ^^^' 
may  erect  and  maintain  poles  and  wires  on  private  lands 
taken  for  the  purposes  of  said  railway,  and,  with  the 
consent  of  the  selectmen  of  any  town,  may  erect  such 
poles  and  wires  in  the  highways  of  that  town  as  may  be 
necessary  to  establish  and  maintain  such  motive  power. 
It  mav  acquire  by  purchase  or  by  lease  all  real  estate  May  acquire 

d'j  ^        •  1.  1.    ^'  ij?        necessary  real 

water  power  necessary  tor  its  power  stations  and  tor  estate,  etc. 


384 


Acts,  1902.  — CiiAr.  476. 


Capital  Htock. 


May  isBue 
mortgage 
bonds,  etc. 


May  be  a  com- 
mon carrier  of 
merchandise, 
etc. 


Part  of  railway 
to  be  in  opera- 
tion witliin 
three  years. 


other  uses  incident  to  the  proper  maintenance  and  opera- 
tion of  its  railway. 

Section  5.  The  capital  stock  of  said  company  shall 
not  exceed  six  hundred  thousand  dollars,  except  that  the 
capital  stock  may  be  increased,  subject  to  the  provisions 
of  the  general  laws  relative  thereto. 

Section  6.  Said  company,  in  order  to  meet  the  ex- 
penses incurred  under  this  act,  may,  subject  to  the  ap- 
proval of  tlie  board  of  railroad  commissioners,  from  time 
to  time  by  vote  of  the  majority  in  interest  of  its  stock- 
holders issue  coupon  or  registered  bonds.  Such  bonds 
shall  be  secured  by  a  mortgage  of  the  franchise  and 
property  of  the  company,  subject  to  the  general  laws 
relative  thereto  ;  and  in  such  mortgage  the  company  may 
reserve  to  its  directors  the  right  to  sell  or  otherwise  in 
due  course  of  business  to  dispose  of  property  included 
therein  which  may  become  unsuitable  for  use,  provided 
an  equivalent  in  value  is  substituted  therefor. 

Section  7.  Said  company  is  hereby  authorized  to  use 
its  tracks  to  carry  on  an  express  business  and  to  be  a 
common  carrier  of  goods,  merchandise  and  freight,  and 
to  transport  passengers,  subject  to  the  provisions  of  chap- 
ter seventy  of  the  Revised  Laws  and  of  all  other  laws 
relating  to  common  carriers. 

Section  8,  The  authority  herein  granted  shall  cease 
if  no  part  of  the  proposed  railway  has  been  built  and  put 
in  operation  at  the  end  of  three  years  from  the  passage 
of  this  act. 

Section  9.     This  act  shall  take  effect  upon  its  passage. 

Apx>roved  June  12,  1902. 


Chaj)AlQ 


1890,  165,  §  1, 
amended. 


Roxbtiry  Cen- 
tral Wharf  may 
hold  certain 
lands,  etc. 


An  Act  relative  to  roxbury  central  wharf. 
Be  it  enacted,  etc.,  as  follows : 

Section  1.  Section  one  of  chapter  one  hundred  and 
sixty-five  of  the  acts  of  the  year  eighteen  hundred  and 
ninety  is  hereby  amended  by  striking  out  the  Avords  "  for 
the  term  of  thirty  years  ",  in  the  fifth  line,  —  so  as  to  read 
as  follows  :  —  Section  1.  The  name  of  the  Proprietors 
of  Roxbury  Central  A\^harf,  a  corporation  established  by 
chapter  sixty-six  of  the  acts  of  the  year  eighteen  hun- 
dred and  forty-one,  is  hereby  changed  to  Roxbury  Cen- 
tral Wharf;  and  said  corporation  may  also  hold,  for  the 
purposes  in  said  chapter  set  forth,  any  flats,  lands  and 


Acts,  1902.  — Chap.  477.  385 

marshes  lying  in  Boston  betAveen  the  south  bay,  the  Rox- 
bury  canal,  Swett  street  and  Dorchester  avenue,  to  which 
it  may  acquire  title  by  purchase  or  otherwise  ;  and  said 
corporation  shall  be  subject  to  the  provisions  of  chapter 
nineteen  of  the  Public  Statutes  and  to  all  other  statutes 
which  now  are  or  hereafter  may  be  in  force  applicable  to 
corporations  organized  under  the  provisions  of  chapters 
one  hundred  and  five  and  one  hundred  and  six  of  the 
Public  Statutes. 

Section  2.      Said  chapter  one  hundred  and  sixty-five  isgo.ies, 
is  hereby  further  amended  by  striking  out  section  two  and  ^^^ 
inserting  in  place  thereof  the  following  new  section  :  — 
Section  2.     The  capital  stock  of  said  corporation  shall  be  capital  stock. 
divided  into  shares  of  one  hundred  dollars  each,  which 
may  be  issued  from  time  to  time  at   par  for  cash  or  for 
property  within  the  limits  aforesaid  conveyed  to  it  by 
the  owners  thereof  at  valuations  approved  by  the  com- 
missioner  of  corporations  :  provided,   Jtovevev,  that  the  Proviso. 
total  amount  of  the  capital  stock  of  said  corporation  shall 
not  exceed  one  million  eight  hundred  thousand  dollars. 

Section  3,     This  act  shall  take  eflect  upon  its  passage. 

Apiiroved  June  12,  1902. 


Chaj)All 


An  Act  relatia^e  to  the  survey  of  lumber. 
Be  it  enacted,  etc.,  as  follows  : 

Section  1.     Section  four  of  chapter  sixty  of  the  Re-  r.  L.eo,  §4, 
vised  Laws  is  hereb}^  amended  by  inserting  after  the  Avord  ^°^^'^'^®<^- 
"grades",  in  the  sixth  line,  the  Avords  : — and  kinds, — 
and  by  inserting  after  the  Avord  "  him",  in  the  ninth  line, 
the   words  :  —  Avith   the  approA^al  of  the    governor   and 
council,  and    after   such  approA^al  the   surveyor   general 
shall  cause  lists  of  the  same  to  be  printed  and  published 
from  time  to  time,   at    the  cost  of  the  CommouAvealth  ; 
and  the    grades  and  kinds    so  defined  shall  be  in   force 
throughout  the   Commonwealth, — so  as  to  read  as  fol- 
lows:—  Section  4.     He  shall  keep  a  record  of  all  lum-  surveyor  gen- 
ber  surveyed  by  himself  or  his  deputies  and  of  the  amount  record  ofiSm. 
of  fees  received  by  each  deputy,  and  as  often  as  once  in  amoZ'tof f^es, 
each  monfeh  he  shall  be  entitled  to  ten  per  cent  of  such  etc. 
fees.      Such  record  shall  be  at  all  times  open  to  inspec- 
tion by  the  members  of  the  city  councils  of  cities  and  by 
the  selectmen  of  towns  Avithin  said  district.      Grades  and 
kinds  of  lumber  Avliich  are  recognized  in  trade  and  not 


386 


Acts,  1902.  — Chap.  477. 


R.  L.  60,  §  7, 
amended. 


defined  in  this  chapter  may,  upon  application  therefor 
in  writing  to  the  surveyor  general,  be  established  and 
defined  by  him,  with  the  approval  of  the  governor  and 
council,  and  after  such  approval  the  surveyor  general 
shall  cause  lists  of  the  same  to  be  printed  and  published 
from  time  to  time,  at  the  cost  of  the  Commonwealth  ; 
and  the  grades  and  kinds  so  defined  shall  be  in  force 
throughout  the  Commonwealth  ;  and  the  fees  for  the  sur- 
vey thereof  shall  be  the  same  as  those  for  surveying 
lumber  of  grades  similar  thereto. 

Section  2.  Section  seven  of  said  chapter  is  hereby 
amended  by  adding  at  the  end  thereof  the  words  :  —  Any 
purchaser  or  seller  of  lumber  or  any  person  having  a 
pecuniary  interest  in  any  lumber  shall  have  the  right  to 
call  upon  the  surveyor  general  to  survey  any  lumber 
within  the  Commonwealth,  and  thereupon  the  surveyor 
general,  shall  l)y  himself  or  his  deputies  surve}^  such  lum- 
ber. The  person  or  persons  making  the  request  for  a 
survey  shall,  if  the  lumber  be  outside  the  district  speci- 
fied in  section  one  of  this  chapter,  pay  all  necessary 
travelling  expenses,  and  such  fees  as  may  be  agreed 
upon,  —  so  as  to  read  as  follows  :  —  Section  7.  The  bvlv- 
ina^'beiicenBed  vcyor  of  lumbcr  in  any  town,  except  the  surveyor  gen- 
joining'towns,  cral  or  his  deputies,  may  apply  to  the  selectmen  of  an 
***'•  adjoining  town  for  a  license  to  survey  lumber  therein, 

and  if  the  selectmen  are  of  the  opinion  that  it  will  be  for 
the  public  convenience  they  may,  upon  payment  of  a  fee 
of  not  more  than  one  dollar,  grant  such  license,  and  may 
limit  the  territory  of  their  town  within  which  it  may  be 
exercised.  Such  license  shall  remain  in  force  while  the 
licensee  holds  the  office  of  surveyor  in  the  town  for  which 
he  was  chosen,  but  not  later  than  the  next  annual  town 
meeting  of  said  town.  Any  purchaser  or  seller  of  lumber 
or  any  person  having  a  pecuniary  interest  in  any  lumber 
shall  have  the  right  to  call  upon  the  surveyor  general  to 
survey  any  lumber  within  the  Commonwealth;  and  there- 
upon the  surveyor  general  shall  by  himself  or  his  deputies 
survey  such  lumber.  The  person  or  persons  making  the 
request  for  a  survey  shall,  if  the  lumber  be  outside  the 
district  specified  in  section  one  of  this  chapter,  pay  all 
necessary  travelling  expenses,  and  such  fees  as  may  be 
agreed  upon. 
Repeal.  SECTION  3.      Scctions  nine,  tcu  and  clevcn  of  Said  chap- 

ter are  hereby  repealed.  Approved  June  16,  1902. 


Surveyors  of 
lumber  in  towns 


ChcqUld 


Acts,  1902.  — Chaps.  478,  479,  480.  387 

An  Act  relative  to  the  signing  of  instruments  by  married  fJJidj)  478 

WOMEN   UNDER   THE   AGE   OF   TWENTY-ONE   YEARS. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.      The    signature    of  aii}^    married    woman  signing  of 
under  the  age  of  twentj-one  years,  affixed  by  her  to  any  marrieTwomfn 
instrument  relating  to  the  conveyance  of  land  of  her  hus-  of'21  ylarJ!^^ 
band,  shall  have  the  same  effect  as  if  she  were  over  that 
age. 

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

Approved  June  16,  1902. 

An  Act  to  authorize  the  town  of  ipsavich  to  pay  a  sum  of 

MONEY   to   NEWELL   M.    JEWETT. 

Be  it  enacted,  etc.,  as  foUotcs : 

Section  1.     The  town  of  Ipswich  is  hereby  authorized  !^?^"j^^  ^p"", 
to  compensate  Xewell  M.  Jewett,  a  police  officer  of  said  sum  of  money 
town,  for  injuries  received  by  said  officer  while  in  the  jewltT.* 
performance  of  his  duties. 

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

Approved  June  16,  1902. 

An  Act  to  authorize  the  city  of  newton  to  lay  main  drains  z^/,^^  4S0 

AND    COMMON    SEWERS    IN    A     PART    OF    BEACON    STREET    IN    THE  -^ 

CITY    OF    BOSTON     AND    TO    MAKE    ASSESSMENTS    THEREFOR    UPON 
CERTAIN   PROPERTV   IN   THE   CITY   OF   NEAVTON. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.     The  city  of  Xewton  is  hereby  authorized  cityofNew- 

.  %  ^  ton  mav  lay 

to  construct  and  maintain  common  sewers  and  main  drains  main  drains, 

in  Beacon  street  in  the  city  of  Boston,  from  the  Newton  of'^iieacou^'*'^ 

line  easterly  to  Reservoir  lane,  so-called,  thence  throusfh  **''^^^' ^°^*'^°- 

said  Keservoir  lane  and  land  of  the  Boston  and  Albany 

Railroad  Company  to  connect  Avith  the  sewers  of  the  toAvn 

of  Brookline  :  provided,    Jioirever,  that  such  main  drains  Proviso. 

and  common  sewers  shall  be  laid  in  said  Beacon  street 

and  ReservQir  lane  only  with  the  consent  of,  and  in  a 

manner  approved  by,  the  board  or  officer  to  Avhom  the 

care  and  control  of  the  territory  in  Avhich  the  sewer  is 

laid  may  for  the  time  be  committed. 

Section  2.     Any  damages  occasioned  by  the  taking  Damages, 
of  land  or  any  right  therein  under  authority  hereof  shall 
be  ascertained  and  recovered  in  the  manner  provided  by 


388  Acts,  1902.  — Chap.  481. 

law  in  the  case  of  land  or  rights  therein  taken  for  the 
laying  out  of  ways  in  the  city  of  Newton,  and  any  dam- 
ages which  the  city  of  Boston  shall  be  re({uired  to  pay 
by  reason  of  said  sewers  and  drains  being  in  said  terri- 
tory, or  by  reason  of  any  act  or  neglect  of  the  city  of 
NcAvton  in  placing  them  therein,  shall  be  repaid  to  the 
city  of  Boston  by  the  city  of  Xew^ton. 
b^ttSntB°^  Section  3.  The  city  of  Newton  is  hereby  authorized 
etc.  to  lay,  assess  and  collect  sewer  assessments  upon  the  land 

in  the  city  of  Newton  abutting  upon  said  Beacon  street, 
and  upon  any  other  land  in  the  city  of  Newton  which  is 
benefited  by  said  sewers,  in  the  same  manner  in  which 
sewer  assessments  now  are  or  hereafter  may  be  laid, 
assessed  and  collected  in  that  city. 

Section  4.     This  act  shall  take  elfect  upon  its  passage. 

Approved  June  16,  1902. 

'(7A«7J.481   ■^'^  -^^^    ^*-*   AUTHORIZE    THE    STREET    COMMISSIONER    OF    THE    CITY 
OF  LAWRENCE   TO   CONSTRUCT   DRAINS   AND   SEAVEKS. 

Be  it  enacted,  etc.,  as  folloivs : 

Itc^'am'elded.  SECTION  1.  Scctiou  fifteen  of  chapter  seventy  of  the 
acts  of  the  year  eighteen  hundred  and  fifty-three,  as 
amended  by  chapter  one  hundred  and  fifty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  fifty-five,  is  hereby 
further  amended  by  inserting  after  the  word  "thereby", 
in  the  fiftli  line,  the  words:  —  And  it , shall  be  the  duty 
of  the  superintendent  of  streets,  elected  as  provided  in 
section  one  of  chapter  four  hundred  and  sixty-eight  of 
the  acts  of  the  year  nineteen  hundred  and  one,  to  con- 
struct all  such  sewers  and  drains  under  the  general  direc- 
tion and  care  of  a  committee  of  the  city  council  appointed 

■Construction  of  for  that  purposc, — so  as  to  read  as  folio w^s  :  —  Section 

drains  and  com-  i  t  i 

mon  sewers  in  75.  The  iiiayor  and  aldermen,  with  the  concurrent  vote 
of  the  common  council,  sliall  have  the  power  to  cause 
drains  and  common  sewers  to  be  laid  down  through  any 
street  or  private  land,  paying  the  owners  such  damage  as 
they  may  sustain  thereby.  And  it  shall  be  the  duty  of 
the  superintendent  of  streets,  elected  as  provided  in 
section  one  of  chapter  four  hundred  and  sixty-eight  of  the 
acts  of  the  year  nineteen  hundred  and  one,  to  construct 
all  such  sewers  and  drains  under  the  general  direction  and 
care  of  a  committee  of  the  city  council  appointed  for  that 
purpose.     And  the  city  council  may  make  by-laws,  with 


Acts,  1902.  —  Chaps.  482,  483.  389 

suitable  penalties,  for  the  inspection,  survey,  measure-  inspection, etc., 
ment  and  sale  of  lumber,  wood,  coal  and  bark,  brought  himbef,' etc. 
into  the  city  for  sale. 

Section  2.     This  act  shall  be  submitted  to  the  voters  when  to  take 
of  the  city  of  Lawrence  at  the  next  city  election,  and  shall 
take    effect   upon    its    acceptance  by  a   majority  of  the 
voters  voting  thereon.  Ajij^roved  June  16,  1902. 


ChapA82 


An  Act  kelative  to  the  kights  of  a  surviving  husband  or 

WIFE. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The    provisions  of  chapter  one  hundred  Rights  of  sur- 

1  r>i  /^i  •    ^  Till   viving  husband 

and  seventy  oi  the  acts  oi  the  year  eighteen  hundred  and  or  wife. 
ninety-four  are  hereby  declared  to  be  in  full  force  and 
effect  in  respect  of  claims  to  an  estate  in  fee  to  which  a 
surviving  husband  or  wife  was  entitled  on  or  before  the 
thirty-first  day  of  December  in  the  year  nineteen  hundred 
and  one  under  the  provisions "  of  section  one  or  section 
three  of  chapter  one  hundred  and  twenty-four  of  the 
Public  Statutes. 

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

Approved  June  16,  1902. 

An    Act    to  authorize    savings  banks  and  institutions    for  /^/.^^^  4^^ 

SAVINGS   to   invest   IN   THE   BONDS   OF    CERTAIN   STREET  RAILAVAY  ^  ' 

COMPANIES. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     In  addition  to  the  investments  authorized  sayings  banks 

.  (•!.  1  11  11.         and  institutions 

by  section  twenty-six  oi  chapter  one  hundred  and  thir-  for  savings  may 
teen  of  the  Revised  Laws,  savings  ])anks  and  institutions  of  certain  street 
for    savings    may  invest  their    deposits    and   the  income  pani^gf  *'°"*' 
derived  therefrom  in  the  l)onds,  approved  b}^  the  board 
of  commissioners  of  savings  banks,   as  hereinafter  pro- 
vided for,   of  any  street  railway  company  incorporated 
in  this  Commonwealth,  the  railway  of  which  is  situated 
wholly  or  partly  therein,  and  which  has  earned  and  paid 
annually  for  the  five  years  last  preceding  the  certifica- 
tion hereinafter  provided  for,  of  the  board  of  railroad  com- 
missioners, dividends  of  not  less  than  five  per  cent  per 
annum  upon  all  of  its  outstanding  capital  stock.     In  any 
case  where  two  or  more  companies  have  been  consolidated 
by  purchase  or  otherwise  during  the  five  years  ])rior  to 


390 


Acts,  1902.  — Chap.  484. 


Railroad  com- 
missioners to 
transmit  to 
commissioners 
of  savings  banke 
list  of  certain 
street  railway 
companies. 


Commissioners 
of  savings 
banks  to  pre- 
pare a  list  of 
certain  bonds, 
etc. 


the  certification  aforesaid  the  pajnient  severall}^  from  the 
earnings  of  each  year  of  dividends  equivalent  in  the 
airoTegate  to  a  dividend  of  five  per  cent  upon  the  aggre- 
gate capital  stocks  of  the  several  companies  during  tlie 
years  preceding  such  consolidation,  shall  be  sufficient  for 
the  purpose  of  this  act.  Dividends  paid  to  the  stock- 
holders of  the  West  End  Street  Railway  Company  ))y 
war  of  rental  shall  be  deemed  to  have  been  earned  and 
paid  by  said  West  End  Street  Railway  Company  within 
the  meaning  of  this  section. 

Section  2.  The  board  of  railroad  commissioners  shall 
on  or  before  the  fifteenth  day  of  January  of  each  year 
transmit  to  the  board  of  commissioners  of  savings  banks 
a  list  of  all  street  railway  companies  which  appear  from 
the  returns  made  by  said  companies  to  have  properly 
paid,  without  impairment  of  assets  or  capital  stock,  the 
dividends  required  by  the  preceding  section. 

Section  3.  The  board  of  commissioners  of  savings 
banks  shall  as  soon  as  may  be  after  the  receipt  of  the  lists 
provided  for  in  the  preceding  section,  prepare  a  list  of 
such  bonds  issued  by  any  street  railway  company  and 
certified  b}"  the  board  of  railroad  commissioners,  in 
accordance  Avith  the  provisions  of  the  preceding  section, 
as  the  board  of  commissioners  of  savings  banks  shall 
deem  good  and  safe  securities  for  the  investments  of 
savings  banks  and  institutions  for  savings.  Such  lists 
shall  at  all  times  be  kept  open  to  the  inspection  of  the 
public.  Approved  June  16,  1902. 


C/?lCtn.4:S4:  ^^  ^'^'^  RELATIVE  TO  THE  BUILDING  OF  A  BRIDGE  ACROSS  THE 
CONNECTICUT  RIVER  BETWEEN  SPRINGFIELD  AND  WEST  SPRING- 
FIELD. 

Be  it  enacted,  etc.,  as  folloivs  : 

Section  1.  Chapter  four  hundred  and  fifty-eight  of 
the  acts  of  the  year  nineteen  hundred,  and  chapter  four 
hundred  and  tAventy-one  of  the  acts  of  the  year  nineteen 
hundred  and  one,  relative  to  the  building  of  a  bridge 
across  the  Connecticut  river  between  Springfield  and 
West  Springfield,  are  hereby  repealed  :  provided,  how- 
ever, that  this  repeal  shall  not  atlect  the  power  and  the 
duty  of  the  county  commissioners  of  the  county  of  Hamp- 
den to  pay  the  compensation  and  expenses  of  the  com- 
missioners appointed    under  authority  of  said  chapters, 


1900,  458,  etc., 
repealed. 


Proviso. 


Acts,  1902.  — Chap.  485.  391 

after  such  compensation  and  expenses  have  been  approved 
by  a  justice  of  the  supreme  judicial  court  or  of  the 
superior  court  as  provided  in  said  chapter  four  hundred 
and  fifty-eight ;  and  provided,  also,  that  the  city  of  P'o^i^o- 
Springfield  shall  repay  to  the  treasurer  of  said  county  of 
Hampden  the  amount  of  the  compensation  and  expenses 
of  the  said  commissioners  approved  as  aforesaid. 

Section  2 .     This  act  shall  take  effect  upon  its  accept-  ^hen  to  take 
ance  by  the  city  council  of  the  city  of  Springfield. 

A}yproved  June  16,  1902. 


ChapAS5 


An  Act  to  extend  to  the  several  districts  of  the  city  of 
boston  the  right  of  local  option  as  to  the  granting  of 
licenses  for  the  sale  of  intoxicating  li<.iuors. 

Be  it  enacted,  etc.,  as  foUoivs  : 

Section  1 .     For  the  purpose  of  determining  the  num-  Right  of  loaai 
ber  of  licenses  which  may  be  issued  for  the  sale  of  intoxi-  gralTting*  '"^ 
eating  liquors  in  the  city  of  Boston  the  said  city  is  divided  "aiTof  intoxi^^ 
territorially  into  eight  districts,  each  district  to  be  com-  efte^jf^edto" 
posed  of  those  wards  and  precincts  the  boundary  lines  of  districts  lu 
which  will  most  nearly  coincide  with  the  boundary  lines 
of  the  districts  as  they  existed  when  the  districts  were 
annexed  to  Boston. 

Section  2.  District  Number  One,  to  be  known  as  the  Districts. 
Boston  District,  shall  include  wards  six,  seven,  eight,  nine 
and  twelve,  and  precincts  one,  two,  three,  four,  five,  six 
and  seven  of  ward  ten,  and  precincts  one,  two,  three, 
four,  five,  six,  seven  and  eight  of  ward  eleven.  District 
Number  Two,  to  be  known  as  the  East  Boston  District,  shall 
include  wards  one  and  two.  District  Number  Three,  to  be 
known  as  the  CharlestoAvn  District,  shall  include  wards 
three,  four  and  five.  District  Number  Four,  to  be  known 
as  the  South  Boston  District,  shall  include  wards  thirteen, 
fourteen  and  fifteen,  and  precinct  one  of  ward  sixteen. 
District  Number  Five,  to  be  known  as  the  Dorchester 
District,  shall  include  wards  twenty  and  twenty-four,  and 
precincts  two,  tliree,  four,  five,  six  and  seven  of  ward 
sixteen.  District  Number  Six,  to  be  known  as  the  Rox- 
bury  District,  shall  include  wards  seventeen,  eighteen, 
nineteen  and  twenty-one,  precincts  two,  three,  four  and 
five  of  ward  twenty-two,  precincts  eight  and  nine  of  ward 
ten,  and  precinct  nine  of  ward  eleven.  District  Number 
Seven,  to  be  known  as  the  West  Roxbury  District,  shall 


392 


Acts,  1902.  — Chap.  485. 


Article  pro- 
viding for  a 
vote  upon  the 
(juoetion  to  be 
inserted  in 
warrant  for 
annual  city 
election. 


Granting  of 
licenses. 


Certain  pro- 
visions of  law 
to  apply,  etc. 


To  be  submitted 
to  voters  at 
annual  state 
election,  etc. 


be  composod  of  ward  twcnty-tlu'ce  and  precincts  one,  six, 
seven  and  eight  of  ward  twenty-two.  District  iS'umber 
Eight,  to  be  knoAvn  as  the  Brighton  District,  shall  be 
composed  of  Avard  twenty-five. 

Section  3.  There  shall  be  inserted  in  the  warrant  for 
the  annual  city  election  for  each  of  said  districts,  desig- 
nated by  its  name,  as  established  by  section  two,  an  article 
providing  for  a  vote  upon  the  question,  "  Shall  licenses 
be  granted  for  the  sale  of  intoxicating  liquors  in  this  dis- 
trict? *'  and  the  ballot  shall  be  "  Yes  "or  "  No  ''  in  answer 
to  said  question. 

Section  4.  If  the  majority  of  the  votes  cast  at  such 
an  election  upon  the  said  license  question  in  any  of  said 
districts  numbered  two,  tliree,  four,  five,  six,  seven  or 
eight  shall  be  in  the  affirmative,  the  police  commissioners 
of  Boston  may  grant  at  their  discretion  licenses  of  the 
first  five  classes  for  the  sale  of  intoxicating  liquors  in  such 
district,  and  such  licenses  shall  be  exercised  only  in  that 
district.  The  number  of  places  so  licensed  in  that  district 
shall  at  no  time  exceed  one  for  each  one  thousand  of  the 
population.  In  district  number  one,  if  a  majority  of  the 
votes  cast  upon  the  license  question  shall  be  in  the  affirm- 
ative, the  said  police  commissioners  may  grant  licenses 
of  the  first  five  classes  for  the  sale' of  intoxicating  liquors, 
to  be  exercised  only  in  that  district ;  and  at  no  time  shall 
the  number  of  places  so  licensed  in  said  district  exceed 
five  hundred.  In  any  of  the  said  districts  which  vote  to 
authorize  the  granting  of  licenses  as  herein  provided,  the 
police  commissioners  may  issue  licenses  to  clubs  in  the 
manner  and  upon  the  terms  and  conditions  prescribed  in 
section  eighty-eight  of  chapter  one  hundred  of  the  Revised 
Laws.  All  licenses  granted  hereunder  shall  be  subject  to 
all  other  conditions  and  restrictions  of  laAv  relating  to  the 
sale  of  intoxicating  liquors. 

Section  5.  All  existing  laws  relating  to  balloting, 
the  ballots  cast,  the  return  of  votes,  the  preservation  of 
the  ))allots  and  recounts,  shall  apply  to  the  said  districts, 
and  all  laws  inconsistent  with  this  act  are  hereby  repealed. 

Section  0.  This  act  shall  be  submitted  to  the  voters 
of  the  city  of  Boston  at  the  next  annual  state  election, 
and  if  accepted  by  a  majority  of  the  voters  voting  thereon, 
it  shall  take  effect  as  to  the  voting  herein  provided  for  at 
the  city  election  in  tlie  year  nineteen  hundred  and  three  ; 
and  as  to  licenses,  at  the  end  of  the  license  year  then 
current.  Approved  June  19,  1902. 


Acts,  1902.  — Chap.  486.  393 


An  Act  to  provide    for    supplying    the    village    of    south  nijQ.y^  486 

*  DEEUFIELD    WITH    "WATER,    AND    FOR     ESTABLISHING    THE    SOUTH 
DEERFIELD   WATER   SUPPLY   DISTRICT. 

Be  it  enacted^  etc.,  as  follows  : 

Section  1.  The  inhabitants  of  the  village  of  South  south  Deeriiew 
Deerfield  in  the  county  of  Franklin,  liable  to  taxation  in  District'es^tab- 
the  town  of  Deerfield  and  residing  within  the  territory  i»"iied. 
enclosed  by  the  following  boundary  lines,  to  wit :  — 
Beginning  at  the  southeast  corner  of  the  town  of  Deerfield, 
at  the  intersection  of  the  line  between  the  toAvns  of  Deer- 
field and  Whately  with  the  Connecticut  river  and  running 
thence  westerly  and  northerly  along  said  south  line  of  the 
town  of  Deerfield  to  the  southwest  corner  of  said  town, 
thence  northeasterl}^  along  the  line  between  Deerfield  and 
Conway  to  a  stone  bound  standing  on  the  southerly  side 
of  the  road  leading  from  South  Deerfield  to  Conway  vil- 
lage, thence  southeasterly  along  said  road,  as  follows  :  — 
South,  sixty-one  degrees  twentj^-five  minutes  east,  one 
hundred  and  eighty-two  feet ;  thence  south,  twenty -two 
degrees  fifteen  minutes  east,  three  hundred  and  sixty-three 
feet ;  thence  south,  twenty-two  degrees  east,  four  hundred 
and  six  feet ;  thence  south,  seventeen  degrees  east,  four 
hundred  and  forty  feet :  thence  south,  fifteen  degi-ees  forty- 
five  minutes  east,  two  hundred  and  forty  feet :  thence 
south,  eighty-seven  degrees  east,  three  hundred  and  fifty- 
two  feet ;  thence  south,  thirty-three  degrees  west,  seven 
hundred  feet ;  thence  south,  seventy-three  degrees  east, 
fifty  feet ;  thence  fifty  feet  to  the  Highway  bridge  over 
Conway  brook  ;  thence  south,  sevent}'  degrees  east,  in  a 
straight  line  to  the  Connecticut  river  at  a  point  between 
land  formerly  of  Cephas  Clary  and  Edward  Ely  ;  thence 
down  the  river  to  the  place  of  beginning  ;  being  bounded 
on  the  east  by  the  Connecticut  river,  on  the  south  in  part 
by  the  town  of  Whately  and  in  part  by  the  town  of  Con- 
way, on  the  west  by  the  town  of  Conway,  and  on  the 
north  by  that  part  of  the  town  of  Deerfield  not  included 
within  the  above  described  lines,  —  shall  constitute  a 
water  district,  and  are  hereby  made  a  body  corporate,  by 
the  name  of  the  South  Deerfield  Water  Supply  District, 
for  the  purpose  of  supplying  themselves  with  water  for 
the  extinguishment  of  fires  and  for  domestic  and  other 
purposes,  with  power  to  establish  fountains  and  hydrants 


394 


Acts,  1902.  — Chap.  486. 


May  take  cer- 
tain waters. 


Proviso. 


and  to  relocate  or  discontinue  the  same,  to  regulate  the 
use  of  such  water  and  to  fix  and  collect  rates  to  be  paid 
for  the  use  of  the  same,  and  to  take  by  purchase  or  other- 
wise and  hold  i)roperty,  lands,  rights  of  Avay  and  case- 
ments, for  the  purposes  mentioned  in  this  act,  and  to 
prosecute  and  defend  in  all  actions  relating  to  the  prop- 
erty and  affairs  of  the  district. 

Section  2.  Said  water  suppl}-^  district,  for  the  pur- 
pose aforesaid,  may  take  by  purcliase  or  otlierwise  and 
hold  the  waters  of  Roaring  brook  and  of  any  or  all  of  its 
tributaries  in  the  towns  of  Decrfield  and  Whately,  except 
that  part  of  said  brook  and  its  tributaries  which  lies  west 
of  and  above  the  main  road  leading  from  Conway  village 
to  West  Whately  ;  and  the  waters  of  any  springs  or  other 
sources  on  the  watershed  of  said  brook,  with  the  water 
rights  connected  therewith,  except  that  part  which  lies 
west  of  and  above  the  main  road  leading  from  Conway 
village  to  AVest  Whately  :  provided^  that  no  source  of 
water  supply  for  domestic  purposes  shall  be  taken  under 
this  act  without  the  consent  of  the  state  board  of  health, 
and  that  the  location  of  all  dams  and  reservoirs  shall  be 
May  take  cer-     subicct  to  the  approval  of  Said  board.     Said  district  may 

t3.iu  l^nds   etc  ^^  x  x  ^  %/ 

erectstruc'tures,  also  take  by  purchasc  or  otherwise  and  hold  all  lands, 
rights  of  way  and  easements  in  the  towns  of  Decrfield  and 
•  Whately  necessary  for  taking,  holding,  storing  and  im- 
proving such  water  and  for  conveying  the  same  to  and 
through  said  South  Deerfield  Water  Supply  District,  and 
said  district  may  construct  on  the  lands  thus  taken  or 
acquired  proper  dams,  buildings,  fixtures  and  other  struc- 
tures, and  may  do  such  other  things  as  may  be  necessary 
for  providing  and  maintaining  complete  and  effective  water 
works  ;  and  for  that  purpose  may  construct,  lay  and  main- 
tain aqueducts,  conduits,  pipes  and  other  works,  under 
or  over  any  land,  water  courses,  railroads,  railways  and 
public  or  other  ways,  and  along  any  highwa}^  or  other 
way  in  the  towns  of  Decrfield  and  Whatel}^  in  such 
manner  as  not  unnecessarily  to  obstruct  the  same  ;  and 
for  the  purpose  of  constructing,  laying,  maintaining  and 
repairing  such  aqueducts,  conduits,  pipes  and  other  works, 
and  for  all  other  purposes  of  this  act,  said  water  supply 
district  may  dig  u}),  raise  and  embank  any  such  lands, 
highways  or  other  ways,  in  such  manner  as  to  cause 
the  least  hindrance  to  public  travel  :  but  all  things 
done  upon  any  such  ways  shall  be  subject  to  the  direc- 


Acts,  1902.  — Chap.  486.  395 

tion  of  the  selectmen  of  the  town  in  which  such  way  is 
situated. 

Section  3.  Said  water  supply  district  shall,  within  Description  of 
ninety  da^'s  after  the  taking  of  any  lands,  rights  of  way  recorded.' 
or  easements  as  aforesaid,  otherwise  than  by  purchase, 
file  and  cause  to  be  recorded  in  the  registry  of  deeds  for 
the  county  of  Franklin  a  description  thereof  sufficiently 
accurate  for  identification,  with  a  statement  of  the  pur- 
pose for  which  the  same  were  taken,  signed  by  the  water 
commissioners  hereinafter  provided  for. 

Sectiox  4.  Said  water  supply  district  shall  pay  all  i>»«i*8««- 
damages  to  property  sustained  by  any  person  or  corpo- 
ration by  the  taking  of  any  water,  water  source,  water 
right,  land,  right  of  way  or  easement,  or  by  any  other 
thing  done  by  said  district  under  authority  of  this  act. 
Any  person  or  corporation  sustaining  damages  as  afore- 
said, who  fails  to  agree  with  said  district  as  to  the  amount 
of  damages  sustained,  may  have  the  damages  assessed 
and  determined  in  the  manner  provided  by  law  in  the 
case  of  land  taken  for  highways,  on  application  therefor 
at  any  time  within  one  year  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  year.  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  w^ater  is  actually  w^ithdrawn  or  diverted  under 
authority  of  this  act. 

Section  5.  For  the  purpose  of  paying  all  expenses  south  Deerfiew 
and  liabilities  incurred  under  the  provisions  of  this  act  District  Loan! 
said  district  may  from  time  to  time  issue  bonds,  notes  or 
certificates  of  debt  signed  by  the  treasurer  of  the  water 
supply  district  and  countersigned  by  the  cliairman  of 
the  water  commissioners  hereinafter  provided  for,  to  be 
denominated  on  the  face  thereof.  South  Deeriield  Water 
Su})ply  District  Loan,  to  an  amount  not  exceeding  tliirty 
thousand  dollars,  payable  at  periods  not  exceeding  thirty 
years  from  the  dates  of  issue,  and  bearing  interest  pay- 
able semi-annually  at  a  rate  not  exceeding  four  per  cent 
per  annum.  Said  district  may  sell  such  securities  at 
public  or  private  sak',  at  not  less  than  par,  or  pledge  the 
same  for  money  borrowed  for  the  purposes  of  this  act, 
upon  such  terms  and  conditions  as  it  may  deem  proper. 
Said  district  shall  pav  the  interest  upon  the  loan  as  it  Payment  of 

*■     ■•  '■  loan. 


396  Acts,  1902.  —  Chap.  486. 

accrues,  and  shall  provide  for  the  payment  of  said  prin- 
cipal at  maturity,  either  by  establishing  at  the  time  of 
contracting  thc^  debt  a  sinking  fund,  or  by  making  such 
annual  proportionate  payments  as  Avill  extinguish  the 
same  within  the  time  prescribed  by  this  act.  If  said 
district  shall  decide  to  establish  a  sinking  fund  it  shall 
contribute  thereto  annually  a  sum  sufficient  with  its  ac- 
cumulations to  pay  the  principal  of  said  loan  at  maturity  ; 
and  said  sinking  fund  shall  remain  inviolate  and  pledged 
to  the  payment  of  said  debt  and  shall  be  used  for  no  other 
purpose.  If  said  district  shall  decide  to  pa^^  the  prin- 
cipal of  said  loan  by  annual  proportionate  pajnuents,  the 
amounts  which  may  be  necessary  to  make  such  })ayments 
shall  without  further  vote  of  said  district  be  raised  an- 
nually by  taxation  in  the  same  way  in  which  money  is 
raised  for  town  expenses. 
?clrtl*in*Bum''''  Section  6.  Said  district  shall  raise  by  taxation  an- 
by  taxation        Hually  a  suui  whicli  with  the  income  derived  from  the 

annually.  «' 

sale  of  water  w^ill  be  sufficient  to  pay  the  current  annual 
expenses  of  operating  its  water  works  and  the  interest 
accruing  on  the  bonds  issued  by  said  district,  together 
with  such  payments  on  the  principal  as  may  be  required 
under  the  provisions  of  this  act.  Said  district  is  further 
authorized,  by  a  two  thirds  vote  of  the  voters  thereof 
present  and  voting  at  a  legal  meeting  called  for  the 
purjiose,  to  raise  by  taxation  any  sum  of  money  for  the 
purjiose  of  enlarging  or  extending  its  water  works  and 
providing  additional  pipes,  appliances  and  fixtures  con- 
nected therewith,  not  exceeding  two  thousand  dollars  in 
any  one  year. 
ABBeBBmeDtand       SECTION  7.     Whenever  a  tax  is  duly  voted   by  said 

collection  oi  -,.        .         ^  ^  /»     i  •  i  in' 

taxes.  district  for  the  purposes  of  this  act  the  clerk  shall  send  a 

certified  copy  of  the  vote  to  the  assessors  of  the  town  of 
Deerfield,  who  shall  proceed  within  thirty  days  to  assess 
the  same  in  the  same  manner  in  all  respects  in  which 
town  taxes  are  required  by  law  to  be  assessed.  The 
assessment  shall  be  committed  to  the  town  collector,  who 
shall  collect  said  tax  in  the  manner  provided  for  the  col- 
lection of  town  taxes,  and  shall  deposit  the  proceeds 
thereof  with  the  district  treasurer  for  the  use  and  benefit 
of  said  district.  Said  district  may  collect  overdue  in- 
terest on  taxes  in  the  same  manner  as  interest  is  author- 
ro-nBo.  y^^  ^^  y^^  Collected  on  town  taxes  :  provided,  that  said 

district  at  the  time  of  voting  to  raise  the  tax  shall  so 


Acts,  1902.  — Chap.  486.  397 

determine    and    shall   also   fix  a  time   for   the    payment 
thereof. 

Section   8.     Said   district  may  make    such  contracts  District  may 
with  individuals,  corporations  and  the  town  of  Deerfield  for mipSuig^ 
for  supplying  water  as  may  be  agreed  upon,   and  may  ^'*'e'',  etc. 
fix  and  collect  rates  for  the  use  of  such  water ;  and  said 
district   may  discontinue   or  shut  off  the   water  for  the 
non-payment  of  such  rates  and  for  violation  of  the  terms 
of  any  contract  or  agreement  which  may  be  made  with 
individuals,  corporations  or  the  said  town,  by  said  district. 

Section  9.  The  first  meeting  of  said  district  shall  be  First  meeting. 
called  on  petition  often  or  more  legal  voters  therein,  by 
a  warrant  from  the  selectmen  of  the  town  of  Deerfield,  or 
from  a  justiee  of  the  peace,  directed  to  one  of  the  peti- 
tioners, requiring  him  to  give  notice  of  the  meeting  by 
posting  copies  of  said  warrant  in  two  or  more  public 
places  in  said  district  seven  days  at  least  before  the  time 
of  said  meeting,  and  by  publishing  such  notice  thereof  as 
the  warrant  may  require  in  any  newspaper  published  in 
said  town.  One  of  the  selectmen  shall  preside  at  the 
meeting  until  a  clerk  is  chosen  and  sworn.  After  the 
choice  of  a  moderator  for  said  meeting  the  question  of 
the  acceptance  of  this  act  shall  be  submitted  to  the  voters, 
and  if  it  shall  be  accepted  by  a  majority  vote  of  the  voters 
present  and  voting  thereon  it  shall  go  into  effect,  and  the 
meeting  may  then  proceed  to  act  on  the  other  articles 
contained  in  the  warrant. 

Section  10.     Said  South  Deerfield  Water  Supply  Dis-  water commis. 
trict  shall,  after  its  acceptance  of  this  act  at  a  legal  meet-  uonrtermsT 
ing  called  for  the  purpose,  elect  by  ballot  tliree  persons  ®*'^- 
to  hold  ofiice,  one  until  the  expiration  of  three  years,  one 
until  the  exph'atioii  of  two  years  and  one  until  the  ex- 
piration of  one  year  from  the   next  succeeding  annual 
meeting,  to  constitute  a  board  of  water  commissioners, 
and  at  each  annual  meeting  thereafter  one  such  commis- 
sioner shall   be  elected   by  ballot  for  the  term  of  three 
years.     All  the  authority  granted  to  said  district  by  this 
act  and  not  otherwise  specially  provided  for  shall  be  vested 
in  said  board  of  water  commissioners,  Avho  shall  be  subject 
however  to  such  instructions,  rules  and  regulations  as  said 
district  may   impose   bv  its   vote.     Said    commissioners  To  be  trustees 
shall  be  trustees  of  the  sinking  fund  herein  provided  for,  H'^'^^s  tr^d, 
and  a  majority  of  said  commissioners  shall  constitute  a 
quorum  for  the  transaction  of  business  relative  both  to 


398 


Acts,  1902.  — Chap.  486. 


Vacancy,  etc. 


To  make 
annual  report. 


District  may 
adopt  certain 
l)y-lawK,  pro- 
vide rules,  etc. 


Penalty  for 
corruption  of 
water,  etc. 


Town  of 
Whately  to  pay 
part  of  cost  if 
it  takes  water 
from  district. 


When  to  take 
effect. 


the  water  works  and  to  the  sinking  fund.  Any  vacancy 
occurring  in  said  board  from  any  cause  may  be  filled  for 
the  remainder. of  the  unexpired  term  by  said  water  supply 
district  at  any  legal  meeting  called  for  the  purpose.  No 
money  shall  be  drawn  from  the  district  treasury  on  ac- 
count of  said  water  works  except  by  a  written  order  of 
said  commissioners  or  of  a  majority  of  them.  Said  com- 
missioners shall  annually  make  to  said  district  a  full  re- 
port in  writing  of  their  doings  and  expenditures. 

Section  11.  Said  district  may  adopt  bj'-laws  pre- 
scribing by  whom  and  how  meetings  may  be  called  and 
notified,  and  upon  the  application  of  ten  or  more  legal 
voters  in  said  district  meetings  may  also  be  called  by 
warrant  as  provided  in  section  ten.  Said  .district  may 
also  provide  rules  and  regulations  for  the  management 
of  its  water  works,  not  inconsistent  with  this  act  or  with 
the  laws  of  the  Commonwealth,  and  may  choose  such 
other  officers  not  provided  for  in  this  act  as  it  may  deem 
proper  and  necessary. 

Section  12.  Whoever  wilfully  or  wantonly  corrupts, 
pollutes  or  diverts  any  water  obtained  or  supplied  under 
this  act,  or  wilfully  or  wantonly  injures  any  reservoir, 
sta,ndpipe,  aqueduct,  pipe  or  other  property  OMned  or 
used  by  said  district  for  the  purposes  of  this  act,  shall 
forfeit  and  pay  to  said  district  three  times  the  amount 
of  damages  assel^sed  therefor,  to  be  recovered  in  an  action 
of  tort,  and  upon  conviction  of  an}^  of  the  above  acts 
shall  be  punished  by  a  fine  not  exceeding  one  hundred 
dollars  or  by  imprisonment  for  a  term  not  exceeding  six 
months. 

Section  13.  If  the  town  of  Whately  hereafter  takes 
a  part  of  the  waters  of  said  brook  from  the  reservoirs  of 
said  district,  it  shall  pay  to  said  district,  as  damages 
therefor,  such  proportionate  part  of  the  original  cost  of 
the  erection  of  said  reservoirs,  land  damages  and  interest 
paid  by  said  district  as  the  assessed  valuation  of  the  prop- 
erty in  Whately  is  to  the  assessed  valuation  of  property 
in  said  district.  If  said  town  and  said  district  are  not 
able  to  agree  on  the  proportionate  i)art  of  said  damages 
that  said  town  shall  pay,  then  said  damages  shall  be 
assessed  in  the  manner  provided  by  law  for  assessing 
damages  for  the  taking  of  land  by  eminent  domain. 

Section  14.  This  act  shall  take  effect  upon  its  ac- 
ceptance by  a  majority  vote  of  the  voters  of  said  district 


Acts,  1902.  — Chap.  487.  399 

present  and  voting  thereon  at  an}^  legal  district  meeting 
called  for  the  purpose  within  three  years  after  the  passage 
of  this  act :  but  it  shall  become  void  unless  the  said  dis- 
trict shall  begin  to  distribute  water  through  its  pipes  to 
consumers  in  the  said  village  of  South  Deertield  within 
three  years  after  the  date  of  the  acceptance  of  this  act  as 
aforesaid.  Approved  June  19,  1902. 


Chap.4Bl 


An  Act  to  authorize  the  town  of  peabody  to  improve  its 

WATER   system   AND   TO    BORROW   MONEY   FOR   THAT  PURPOSE. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  town  of  Peabody  is  hereby  author-  xownofPea- 
ized  to  extend  and  improve  its  water  supply  and  water  tend,  etci^[  its 
system,  and  to  construct  such  reservoirs  and  other  work.s  ^'=»ter  Bystem. 
and  structures,  and  to  take  and  hold  such  lands,  ease- 
ments and  water  rights  as  may  be  necessary  for  the  said 
purposes. 

Section  2.  In  carrying  out  the  purposes  of  this  act  Powers  and 
the  said  town  and  the  water  board  thereof  shall  have  the 
powers,  perform  the  duties  and  be  subject  to  the  restric- 
tions and  liabilities  specified  in  sections  two,  three,  four, 
five  and  six  of  chapter  one  hundred  and  seventy-one  of 
the  acts  of  the  year  eighteen  hundred  and  eighty-one,  so 
far  as  the  same  are  applicable. 

Section  3.  In  order  to  pay  the  expenses  incurred  £oan°i902^'**'^'^ 
under  authority  of  this  act  the  said  town  is  hereby  au- 
thorized to  issue  notes,  bonds  or  scrip  to  the  amount  of 
one  hundred  and  fifty  thousand  dollars.  Such  notes, 
bonds  or  scrip  shall  be  denominated  on  the  face  thereof, 
Peabody  AVater  Loan,  1902,  shall  be  signed  by  the  treas- 
urer and  countersigned  by  the  water  board  of  the  town, 
shall  bear  interest  payable  semi-annually  at  a  rate  not 
exceeding  four  per  cent  per  annum,  shall  be  payable  at 
periods  not  exceeding  thirty  years  fi'om  the  dates  of 
issue,  and  shall  not  be  reckoned  in  determining  the  legal 
limit  of  indebtedness  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 : 
provided,  that  no  such  bonds,  notes  or  scrip  shall  be  sold  Proviso. 
for  less  than  their  par  value. 

Section  4.     The  said  town  instead  of  establishing  a  May  provide  for 
sinking  fund  shall  at  the  time  of  authorizing  said  loan  me'nte  onXan, 
provide  for  the  payment  thereof  in  such  annual  proper-  ^^'^- 


400  Acts,  1902.  — Chap.  488. 

tionate  payments  as  will  extinguish  the  same  within  the 
time  prescribed  in  this  act ;  and  when  a  vote  to  that  eflect 
has  been  passed  the  amount  required  shall  without  fur- 
ther vote  be  assessed  by  the  assessors  of  said  town  in 
each  year  thereafter  until  the  debt  incurred  by  said  loan 
is  extinguished. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  19,  1902. 

Chan.4iSS  ^^   ^^'^    '^^   provide    for    supplying    the    town    of    WAKEFIELD 

WITH   WATER. 

Be  it  enacted,  etc. ,  as  foUoivs : 

field  mayTe*^^"       Section    1.      The    metropolitan    water    and    sewerage 
admitted  into     board  shall  on  application  admit  the  town  of  Wakefield 

the  metropoli-      .  "^  /^ 

tan  water  dis-     mto  the  metropolitan  water  district  and  furnish  water  to 
'     ■  the  same  on  the  terms  prescribed  by  chapter  four  hun- 

dred and  eighty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five,  subject  however  to  the  provi- 
sions of  sections  fourteen  and  fifteen  of  this  act. 
fie°id  may^''^^'       Section  2.     The  towu  of  AYakeficld  may  supply  itself 
supply  Itself      and  its  inhabitants  with  water  for  the  extino^uishment  of 

with  water,  etc.  i     •  i  •  i  i 

fares  and  lor  domestic  and  other  purposes,  obtaining  the 
same  from  said  board  by  applying  to  be  admitted  into 
said  district,  or  from  any  other  source  at  any  time  author- 
ized by  law,  and  may  establish  fountains  and  hydrants 
and  relocate  or  discontinue  the  same,  and  may  regulate 
the  use  of  such  water  and  fix  and  collect  rates  to  be  paid 
for  the  use  of  the  same, 
^m  wa^lrs^"^"  SECTION  3.  The  Said  town,  for  the  purposes  aforesaid, 
lands,  etc. '  niay  hold  and  convey  tlirough  the  town  the  \vater  to  be 
furnished  by  the  metropolitan  water  and  sewerage  board 
or  obtained  from  any  other  source  authorized  by  law, 
and  may  take  by  purchase  or  otherwise  and  hold  and  con- 
vey tlirough  said  town  the  waters  of  any  pond,  stream, 
spring  or  wells  within  the  limits  of  said  town  not  here- 
tofore taken  or  purchased  and  owned  by  the  Wakefield 
Water  Company,  and  may  hold  and  convey  through  said 
town  water  from  any  source  obtained  as  hereinafter  pro- 
vided from  the  Wakefield  Water  Company,  and  may  also 
take,  by  purchase  or  otherwise,  and  hold  all  lands,  rights 
of  way  and  easements  necessary  for  holding,  storing, 
purifying  and  preserving  such  water  and  for  conveying 
the  same  to  any  part  of  said  town  ;  may  erect  on  the  land 


Acts,  1902.  —  Chap.  488.  401 

thus  taken  or  held  proper  dams,  reservoh's,  buildings, 
fixtures  or  other  structures ;  may  make  excavations,  pro- 
cure and  operate  machinery,  and  provide  such  other 
means  and  appliances  as  may  be  necessary  for  the  estab- 
lishment and  maintenance  of  complete  and  cfl'ective  water 
works;  and  may  construct  and  lay  conduits,  pipes  and  Mayiaycon- 

'  -^  -^  '   I-    I-  dmts,  pipes, 

other  Avorks,  under  and  over  any  lands,  water  courses,  etc. 
raih'oads,  railways  or  public  or  private  ways,  and  along 
any  such  way,  in  such  manner  as  not  unnecessarily  to 
obstruct  the  same  ;  and  for  the  purposes  of  constructing, 
maintaining  and  repairing  such  conduits,  pipes  or  other 
works,  and  for  all  proper  purposes  of  this  act,  said  town 
may  dig  up  any  such  lands,  and  may  enter  upon  and  dig 
up  any  such  Avays  in  such  manner  as  to  cause  the  least 
hindrance  to  public  travel  thereon.     The  title  to  all  land  Tuie  to  land  to 

11T1  ••  f      1   '  111    vest  in  town, 

taken  or  pm'chased  under  the  provisions  of  this  act  shall  etc. 
vest  in  said  toAvn,  and  the  land  so  taken  may  be  managed, 
improved  and  controlled  by  the  board  of  Avater  commis- 
sioners hereinafter  provided  for,  in  such  manner  as  they 
shall  deem  for  the  best  interests  of  said  toAvn. 

Section  4,  8aid  toAvh  shall,  Avithin  ninety  days  after  Description  of 
the  taking  of  any  lands,  rights  of  way  or  easements  as  rworded"." 
aforesaid,  otherwise  than  by  purchase,  file  and  cause  to 
be  recorded  in  the  registry  of  deeds  for  the  southern  dis- 
trict of  the  county  of  Middlesex  a  description  thereof 
sufficiently  accurate  for  identification,  Avith  a  statement 
of  the  purpose  for  Avhich  the  same  were  taken,  signed  by 
the  Avater  commissioners  hereinafter  proA^ded  for. 

Section  5.  Said  town  shall  pay  all  damages  to  })r()p-  Damages, 
erty  sustained  by  any  person  or  corporation  by  the  taking 
of  any  lands,  rights  of  way  or  easements,  or  by  any  other 
thing  done  by  said  toAvn  under  the  authority  of  this  act. 
Any  person  or  corporation  sustaining  damages  as  afore- 
said, who  fails  to  agree  with  said  town  as  to  the  amount 
thereof,  may  haA^e  the  same  assessed  and  determined  in 
the  manner  and  to  the  extent  proA^ided  by  laAv  in  the  case 
of  land  taken  for  the  laying  out  of  highways,  on  making 
application  at  any  time  Avithin  the  period  of  one  year 
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 
one  year. 

Section  G.     In  every  case  of  a  petition  to  the  superior  Town  may 

./'  J.       iy     ^  jij  J.         ^         tender  any  som 

court  tor  an  assessment  oi  damages  the  toAvn  may  tender  as  damages, 

etc. 


402 


Acts,  1902.  — Chap.  488. 


Town  of  Wake- 
field Water 
Loan. 


Binking  fand. 


May  provide 
fnr  annual  pay- 
ments on  loan. 


to  the  complainant  or  his  attorney  any  .suiii,  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  acccj)t  such  sum,  with 
his  costs  up  to  that  time,  but  proceeds  in  his  suit,  and 
does  not  recover  greater  damages  than  were  so  otfered  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  7.  Said  town  may,  for  the  purpose  of  paying 
the  necessary  expenses  and  liabilities  incurred  under  the 
provisions  of  this  act,  issue  from  time  to  time  bonds, 
notes  or  scrip  to  an  amount  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  Wakefield 
Water  Loan,  shall  be  payable  at  the  expiration  of  periods 
not  exceeding  thirty  years  from  the  dates  of  issue,  and 
shall  bear  interest,  payable  semi-annually,  at  a  rate  not 
exceeding  four  per  cent  per  annum,  and  shall  be  signed 
by  the  treasurer  of  the  town  and  countersigned  by  the 
water  commissioners  hereinafter  provided  for.  Said  town 
may  sell  such  securities  at  public  or  private  sale,  or 
pledge  the  same  for  money  borroAved  for  the  purposes  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  town  shall 
provide  at  the  time  of  contracting  said  loan  for  the  estab- 
lishment of  a  sinking  fund,  and  shall  annually  contribute 
thereto  a  sum  sufficient  with  the  accumulations  thereof  to 
pay  the  principal  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  8.  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  payments  as  will 
Cixtinguish  the  same  within  the  time  prescribed  in  this 
act ;  and  when  a  vote  to  that  efiect  has  been  passed  the 
amount  reciuircd  thereby  shall  without  further  vote  be 


Acts,  1902.  — Chap.  488.  403 

assessed  by  the  assessors  of  said  town  each  year  thereafter 
until  the  debt  incurred  by  said  loan  shall  be  extinguished, 
in  the  same  manner  in  which  other  taxes  are  assessed 
under  the  provisions  of  section  thirty-seven  of  chapter 
twelve  of  the  Revised  Laws. 

Section  9 .     Said  town  shall  i-aise  annually  by  taxation  Town  to  raise 
a  siun  which  with  the  income  derived  from  water  rates  by  ta*x^ation™ 
will  be  sufficient  to  pay  the  current  annual  expenses  of  a.nnuaiiy. 
operating  its  water  works,  including  therein  any  annual 
payment   due  to  said  metropolitan  water  and   sewerage 
board,  and  the  interest  as  it  accrues  on  the  notes,  bonds 
or  scrip  issued  as  aforesaid  by  said  town,  and  such  con- 
tributions to  the  sinking  fund  and  payments  on  the  prin- 
cipal as  may  be  required  under  the  provisions  of  this  act. 

Section  10.     Whoever  uses  any  water  taken  or  held  Penalty  for 

.    .  PI-  •    1        corruption  of 

by  said  town  pursuant  to  the  provisions  oi  this  act  with-  water,  etc. 
out  the  consent  of  said  town,  or  wilfully  or  wantonly 
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,  Avork  or  other  prop- 
erty owned,  held  or  used  by  said  town  under  the  author- 
ity and  for  the  purposes  of  this  act,  shall  forfeit  and  pay 
to  said  town  three  times  the  amount  of  damages  assessed 
therefor,  to  be  recovered  in  an  action  of  tort ;  and  upon 
conviction  of  any  of  the  above  wilful  or  wanton  acts  shall 
be  punished  by  a  tine  not  exceeding  three  hundred  dol- 
lars or  by  imprisonment  for  a  term  not  exceeding  one 
year. 

Section  11.     The  occupant  of  any  tenement  shall  be  Liawutyfor 
liable  for  the  payment  of  the  rate  for 'the.  use  of  water  in  KBTof"*'**^ 
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  Wakefield. 

Section  12.  Said  town  shall  after  the  acceptance  of  water  com- 
this  act  at  a  special  meeting  called  for  the  purpose,  or  at  election,  terms, 
an  annual  town  meeting,  elect  by  ballot  three  persons 
to  be  the  board  of  water  commissioners,  to  serve,  one  for 
three  years,  one  for  Uvo  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  iirst  day  of  said  May  ;  and  at 
each  annual  town  meeting  thereafter  one  such  commis- 
sioner shall  be  elected  l:)y  ballot  for  the  term  of  tliree 
years.     All  the  authority  granted  to  the  town  by  this  act 


404 


Acts,  1902.  — Chap.  488. 


To  be  trustees 
of  Binking 
fund,  etc. 


X'jicancv. 


To  fix  rates  for 
use  of  water, 
etc. 


CommissioDers 
to  render  an 
account  of  their 
doings  in  re- 
lation to  tlie 
sinking  fund, 
etc. 


Town  may 
purchase  prop- 
erty of  Wake- 
field Water 
Company,  etc. 


and  not  otherwise  specially  provided  for  shall  be  vested 
in  said  board  of  water  connnissionors,  who  .shall  ll>e  sub- 
j(>ct  however  to  such  instructions,  rules  and  regulations 
as  said  town  may  impose  by  its  vote.  The  said  com- 
missioners shall  be  trustees  of  the  sinking  fund  herein 
provided  for,  and  a  majority  of  them  shall  constitute  a 
quorum  for  the  tran.saction  of  business  relative  both  to 
the  water  works  and  the  sinking  fund.  Any  vacancy 
occurring  in  said  board  from  any  cause  may  be  filled  for 
the  unexpired  term  hy  said  town  at  any  legal  meeting- 
held  for  the  purpose. 

Section  13.  Said  commissioners  shall  fix  .such  prices 
or  rates  for  the  use  of  water  as  shall  produce  annually  as 
near  as  may  be  a  net  surplus  over  operating  expenses,^ 
including  therein  any  annual  payment  due  to  said  metro- 
politan water  and  sewerage  board,  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  cur- 
rent expenses  of  operating  the  water  works  and  interest 
upon  loans,  and  after  payment  of  all  expenses  for  new 
construction,  not  exceeding  five  thousand  dollars  in  any 
one  year  after  the  original  construction.  The  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  town  shall  raise  by  gen- 
eral taxation  a  sura  which  with  the  surplus  will  equal  said 
two  per  cent,  and  shall  contribute  said  sum  to  the  sinking 
fund.  Said  commissioners  shall  annually,  and  as  often  as 
the  town  may  require,  render  an  account  of  all  their  doings 
in  relation  to  the  sinking  fund,  and  shall  be  governed  by 
the  provisions  of  section  fifteen  of  chapter  twenty-seven 
of  the  Revised  Laws,  exce})t  as  herein  otherwise  provided. 

Section  14.  If  within  thirty  days  after  this  act  shall 
have  been  accepted  by  the  town  of  Wakefield,  as  herein- 
after provided,  the  Wakefield  Water  Company  shall  notify 
the  selectmen  of  said  town  in  writing  that  it  desires  to  sell 
to  said  town  all  its  rights  to  take  water  from  Crystal  lake 
and  all  other  sources  for  supplying  the  toAvn  of  AYake- 
field  and  its  inhabitants  with  water,  and  any  or  all  of  its 
other  property  situated  within  said  town,  and  any  and 
all  of  its  property  in  the  town  of  Stonehaui,  or  so  much 
thereof  as  is  used  for  supplying  water  to  the  town  of 
Wakefield  or  its  inhabitants,  and  shall  file  with  the  town 


Acts,  1902.  — Chap.  488.  405 

clerk  of  said  town  specifications  and  descriptions  of  said  J°^SaTe^ro 
property,  said  town  sliall  not  proceed  to  construct  a  dis-  ^''*,^ ^t^^^^^®" 
tributing  system  for  the  water  to  be  sup})lied  to  it  and  its  Company,  etc. 
inhabitants  under  the  autliority  of  this  act  unless  it  shall 
first  purchase  of  said  company  the  property  aforesaid 
which  said  company  has  notified  the  selectmen  of  said 
town  in  writing  that  it  desires  to  sell  as  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  [)roperty  thus  acquired 
for  the  purposes  and  under  the  provisions  of  this  act. 
Whenever  said  town  ])y  a  majority  vote  of  its  legal  voters 
present  and  voting  thereon  at  a  special  meeting  called  for 
that  purpose,  or  at  the  aiuiual  town  meeting,  as  provided 
in  section  sixteen  of  this  act,  shall  vote  to  purchase  said 
})roperty,  notice  of  the  desire  of  said  company  to  sell 
the  same  having  been  given  as  hereinbefore  provided, 
said  company  shall  within  two  years  after  the  vote  afore- 
said execute  and  deliver  to  said  town  proper  deeds  and 
writings  conveying  to  said  town  the  property  aforesaid, 
free  and  clear  from  all  encumbrances  ;  said  propert}^  shall 
thereupon  become  the  propert}'  of  said  town,  and  said 
town  shall  thereupon  take  possession  of  said  property  and 
operate  the  same  and  pay  to  said  company'  the  fair  value 
thereof,  to  be  ascertained  as  hereinafter  provided,  and 
upon  said  conveyances  all  rights  of  said  company  to  fur- 
nish said  town  and  its  inhabitants  with  water  shall  cease. 
In  case  said  company  fails  to  perform  and  observe  all  the 
terms  set  forth  in  this  section,  then  said  town  may  pro- 
ceed to  construct,  operate  and  maintain  a  water  supply 
system  and  furnish  itself  and  its  inhabitants  with  water 
as  hereinbefore  provided. 

Sectiox  15.     In  case  the  said  town  and  the  said  com-  incaseofdis- 
pany,  after  conference  thereon,  shall  be  unable  to  agree  ^stt^eTsto™ 
upon  the  value  of  said   property,   the  supreme  judicial  d|te?mine*vaiu°e 
court  shall,  upon  application   of  either  party  and   notice  of  property,  etc. 
to  the  other,  appoint  three  commissioners,  one  of  whom 
shall  be  learned  in  the  law  and  one  a  skilled  engineer, 
who  shall  determine  the  fair  value  of  said  property  for 
the  purposes  of  its  use  by  said  town,  and  whose  award, 
when  accepted  by  the  court,  shall  be  final.      Such  value 
shall    be  e*5timated   without   enhancement  on  account  of 
future  earning  capacity  or  good  will,   or  on  account  of 
the  franchise  of  said  company.      Said  company  shall  be 


406 


Acts,  1902.  — Chap.  489. 


Question  of 
acceptance  to  be 
Bubrnitted  to 


When  to  take 
effect. 


entitled  to  recover  interest  upon  the  amount  found  due 
by  the  commissioners,  from  the  date  Avheu  said  company 
ceases  to  supply  Avater  to  said  town  and  its  inhabitants, 
at  the  rate  of  five  per  cent  per  annum. 

Section  IG.  This  act,  except  as  provided  in  section 
seventeen,  shall  take  efi'ect  upon  its  acceptance  by  a  ma- 
jority vote  of  the  voters  of  the  town  of  Wakefield  })resent 
and  voting  thereon  at  the  next  annual  town  meeting,  or 
at  a  special  town  meeting  called  for  the  purpose  within 
two  years  after  its  passage  ;  but  the  number  of  meetings 
so  specially  called  shall  not  exceed  thi'ce.  Said  vote  shall 
be  taken  by  separate  ballot,  with  the  use  of  the  voting  list, 
and  the  polls  shall  be  open  at  least  four  hours.  The  vote 
shall  be  "Yes,"  or  "No,"  in  answer  to  the  question 
printed  upon  the  ballot:  —  Shall  the  town  of  Wakefield 
accept  chapter  of  the  Acts  of  the  year  nine- 

teen hundred  and  two,  entitled  "An  Act  to  provide  for 
supplying  the  town  of  Wakefield  with  water  ?  " 

Section  17.  So  much  of  this  act  as  authorizes  its  sub- 
mission to  the  legal  voters  of  said  town  shall  take  effect 
upon  its  passage,  but  it  shall  not  take  further  eftect  until 
accepted  as  hereinbefore  provided  by  the  legal  voters  of 
said  town.  Aiyproved  June  19,  1902. 


Ch(lV.4:S9^  -^^  -^CT  TO  AUTHORIZE  THE  COUNTY  COMMISSIONERS  OF  THE 
COUNTY  OF  BRISTOL  TO  TAKE  OR  PURCHASE  CERTAIN  LAND  FOR 
COUNTY   PURPOSES. 


County  com- 
misBioners  of 
Bristol  county 
may  take  cer- 
tain land  for 
county  pur- 
posea. 


Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  county  commissioners  of  the  county 
of  Bristol  are  herebj"  authorized  to  take  or  purchase,  at  a 
cost  not  exceeding  four  thousand  dollars,  such  land  adja- 
cent to  the  registry  of  deeds  for  the  northern  district  of 
the  county  of  Bristol,  as  may  in  their  opinion  be  neces- 
sary properly  to  carry  out  the  proA'isions  of  chai)ter  two 
hundred  and  sixty-five  of  the  acts  of  the  year  nineteen 
hundred  and  two,  entitled  "An  Act  to  provide  for  the 
construction  at  Taunton  of  a  building  for  the  registry  of 
deeds  for  the  northern  district  of  the  county  of  Bristol 
and  for  the  registry  of  probate  and  the  probate  court  foi- 
said  county." 

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

Approved  June  19,  1902. 


Acts,  1902.  —  Chaps.  490,  491.  407 


An  Act  to  authorize  the  board  of  commissioners  of  savings  (7Aai).490 

BANKS   TO   EMPLOY  AN   ADDITIONAL  CLERK. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  Section  two  of  chapter  one  hundred  and  fmended!  ^  ^' 
thirteen  of  the  Revised  Laws  is  hereby  amended  by  strik- 
ing out  before  the  word  "  clerks",  in  the  fourth  line,  the 
word  "  two  ",  and  inserting  in  place  thereof  the  word  :  — 
three,  —  by  striking  out  the  word  "and",  in  the  fifth 
line,  and  by  inserting  after  the  words  "fifteen  hundred 
dollars",  in  the  fifth  line,  the  words: — and  that  of  the 
third  clerk,  twelve  hundred  dollars,  —  so  as  to  read  as 
follows  :  —  Section  2.  The  annual  salary  of  the  chair-  commissioners 
man  of  the  board  shall  be  three  thousand  five  hundred  banks,  salaries, 
dollars  and  that  of  the  other  commissioners  three  thou-  ^^p®"^^®^- *  *=■ 
sand  dollars  each.  The  board  ma}^  employ  three  clerks  ; 
the  annual  salary  of  the  first  clerk  shall  be  two  thousand 
dollars,  that  of  the  second  clerk,  fifteen  hundred  dollars, 
and  that  of  the  third  clerk,  twelve  hundred  dollars.  It 
may  employ  additional  clerical  and  expert  assistants  as  it 
may  from  time  to  time  require  and  may  annually  expend 
therefor,  including  the  actual  travelling  expenses  of  such 
assistants,  not  more  than  twenty-five  hundred  dollars. 
The  board  shall  also  be  allowed  its  necessary  office  ex- 
penses and  the  actual  expenses  incurred  in  travelling  in 
the  performance  of  its  official  duties. 

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

Approved  June  19,  1902. 

An  Act  to  provide  for  the    further  improvement  of  the  (JJinr)  491 

CHANNEL    between    VINEYARD    SOUND    AND    OSTERVILLE    BAY    IN 
THE  TOWN   OF   BARNSTABLE. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  board  of  harbor  and  land  commis-  improvement 

1  1  j.i*ii  i"*j.T  J.*  of  channel  be- 

sioners  is  hereby  authorized  to  expend,  in  its  discretion,  tween  vineyard 
a  sum  not  exceeding  seven  thousand  five  hundred  dollars,  o'^tervin'fbay 
for  further  improving,   by  dredging,   the   channel  from  Barnltabie. 
Vineyard  Sound  to  Osterville  bay,  in  the  town  of  Barn- 
stable, according  to  the  provisions  of  chapter  four  hun- 
dred and  eighty-three  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-seven. 

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

Approved  June  19,  1902. 


408 


Acts,  1902.  — Chaps.  492,  493. 


190J,  225, 
amended. 


Chap.4:Q2   ^^   ^'^'^   RELATIVE   TO   THE   NUMBER  OF    PERSONS   TO   BE   CHOSEN   AS 
MEMBERS   OF   STATE,   WARD   AND   TOWN   COMMITTEES. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  Chapter  two  hundred  and  twenty-five  of 
the  acts  of  the  year  nineteen  hundred  and  two  is  hereby 
amended  by  striking  out  section  one  and  inserting  in  place 
thereof  the  following  new  section  :  —  Section  1.  Section 
eighty-four  of  chapter  eleven  of  the  Ke vised  Laws  is  hereby 
amended  by  inserting  after  the  word  "consist",  in  the 
fourth  line,  the  words  :  —  which  number  shall  be  an- 
nounced in  the  call  for  the  meeting  at  which  they  are  to 
be  chosen,  —  so  as  to  read  as  follows  :  —  /Section  84.  A 
state,  city  or  town  committee  may  make  rules  and  regula- 
tions, not  inconsistent  with  law,  for  its  proceedings  and 
relative  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.  Each  city  or  town  committee  may 
make  reasonable  regulations,  not  inconsistent  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  political  committee 
shall  prevent  any  voter  from  participating  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  eft'ect  upon  its  passage. 

Ap2yrovecl  June  19,  1902. 


Political  com- 
mittees may 
make  niles  and 
regulations, 
etc. 


C'Aft/).493   ^'^  ^'^'^  RELATIVE   TO   EXEMPTIONS   FROM    JURY   DUTY    OF   MEMBERS 

OF  MILITARY   ORGANIZATIONS. 


R.  L.  16 
amended 


Rolls  of 
and  men 
militia  to  be 
made,  etc 


Be  it  enacted,  etc.,  as  folio ivs  : 

( liapter  sixteen  of  the  Revised  Laws  is  hereb}'^  amended 
by  striking  out  section  one  hundred  and  eighty  and  in- 
officers  serting  in  place  thereof  the  following  section  :  —  Section 
180.  Rolls  of  the  volunteer  militia,  showing  the  names  of 
all  general,  field,  staff  and  non-commissioned  staff  officers, 
and  the  names  of  all  company  officers  and  enlisted  men  in 
the  service,  shall  be  made  on  the  first  day  of  January  in 
each  year.  Those  for  companies  shall  be  prepared  by  the 
respective  company  commanders,  and  all  others  by  direc- 
tion of  the  commanding  officers  of  the  several  organiza- 
tions, A  sworn  copy  of  such  rolls,  or  of  so  much  thereof 
as  may  be  necessary,  shall  be  furnished  by  the  command- 


Acts,  1902.  — Chap.  494.  409 

ing  officers  of  companies  and  of  such  other  organizations, 
on  or  before  the  tenth  da}'^  of  January  in  each  year,  to  the 
registrars   of  voters   in   any  city  except  Boston,  and  in 
Boston  to  the  election  commissioners,  or  to  the  selectmen 
of  any  town  in  which  such  companies  or  organizations  or 
any  members  thereof  are  located,  for  use  in  ascertaining 
exemptions  from  jury  dut3^     The  issue  by  an  officer  of  letuiigiue 
the  volunteer  militia  of  a  false  certificate,   or  the  issue  certificates,  etc. 
of  a  certificate  to  any  person  not  entitled  to  receive  the 
same,  for  the  purpose  of  secmnng  exemption  from  jury 
duty,   shall    be  punished   in    such  manner   as   the   com- 
mander-in-chief may  direct.     The  clerk  of  the  Ancient  oierkof 
and  Honorable  Artillery  Company  shall  furnish  annually.  Honorable 
as  provided  herein,  to  the  election  commissioners  of  the  pany  to'furuisii 
city  of  Boston,  and  to  the  registrars  of  voters  of  any  other  crrtafn'citie8° 
city,  or  to  the  selectmen  of  any  town,  sworn  rolls  of  all  »'»<ito^°^- 
active    members    belonging  to  the  company  resident  in 
such  city  or  town.     No  member  of  the  company  other- 
wise liable  for  jmy  duty  shall  be  exempt  if  the  sworn 
roll  herein  required  has  not  been  made  and  furnished  as 
aforesaid.  Approved  Jxine  19,  1902, 

Ax  Act  to  provide  for  the  appolntment  of  additional  com-  /^7;^^  494 

MISSIONERS   to    FURTHER    THE   ADOPTION    BY    THE     STATES    OF    A  1  '     '^ 

UNIFORM   LAW   MAKING   EIGHT   HOURS   A   LEGAL   DAY'S   LAl'.OR. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  governor  shall,  with  the  advice  of  the  Additional 

n.     i  •/?  •        Ji   •    /_        1  j?j.        ^1  ^    commissioners 

,  appoint  within  thirty  days  alter  the  passage  oi   for  the  promo- 

this  act,  two  persons,  one  representing  the  interests  of  uy'lfL^g'isia'-™' 

the  working  classes,  and  one  representing  the  interests  unuldstltes 

of  manufacturers,  as  additional  members  of  the  commis-  appointment, 

...  6tC. 

sion  appointed  under  the  provisions  of  chapter  four  hun- 
dred and  five  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-one  and  of  chapter  three  hundred  and  eleven 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-three 
and  of  chapter  two  hundred  and  thirty-two  of  the  acts  of 
the  year  eighteen  hundred  and    ninety-seven.     The  said  , 

commissioners  shall  examine  the  subjects  and  promote 
the  objects  specified  in  said  acts,  and  shall  also  endeavor 
to  promote  uniformity  of  legislation  making  eight  hours 
a  legal  day's  labor  throughout  the  United  States. 

Section  2.     The  additional  members  appointed  under  Term  of  office, 
the  provisions  of  this  act  shall  hold  office  for  the  time  ^*''" 
specified  in  said  act  of  the  year  eighteen  hundred  and 


410 


Acts,  1902.  — Chap.  495. 


ninety-seven,  and  shall  be  subject  to  the  provisions  of  all 
acts  relating  to  said  commissioners. 

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

Approved  June  19,  1902. 


state  nursery 
inspector,  ap- 
pointnaent,  etc. 


May  appoint 
deputies. 


Nurseries,  etc., 
to  he  inspected. 


QJiaj).4:^5  ^  Act   to  authorize  the  state  board  of  agriculture  to 

APPOINT  A  STATE  NURSERY  INSPECTOR  AND  TO  PROVIDE  FOR  THE 
PROTECTION  OF  TREES  AND  SHRUBS  FROM  INJURIOUS  INSECTS  AND 
DISEASES. 

Be  it  enacted,  etc.,  as  foUotvs : 

SecTiON  1.  The  state  board  of  agriculture  shall  an- 
nually appoint  some  person  qualified  by  scientific  train- 
ing and  practical  experience,  to  be  state  nursery  inspector, 
and  he  shall  be  responsible  to  the  board  for  the  performance 
of  his  duties  as  prescribed  in  this  act.  The  said  inspector 
may  appoint  such  number  of  deputies,  not  exceeding 
three,  as  he  may  deem  necessary  or  expedient. 

Section  2.  It  shall  be  the  duty  of  the  state  nursery 
inspector,  either  personally  or  through  his  deputies,  to 
inspect  at  least  once  each  year  all  nurseries  or  places  in 
the  state  where  nursery  stock  is  grown,  sold  or  ofiered 
for  sale,  and  if  no  dangerous  insect  or  fungous  pests  are 
found  therein  a  certificate  to  that  effect  shall  be  given. 
If  such  pests  are  found  therein  the  owner  of  the  stock 
shall  take  such  measures  to  suppress  the  same  as  the  state 
nursery  inspector  shall  prescribe,  and  no  certificate  shall 
be  given  until  the  said  inspector  has  satisfied  himself 
by  subsequent  inspections  that  all  such  pests  have  been 
suppressed. 

Section  3.  Any  owners  of  nurseries  or  of  places  in 
the  state  where  nursery  stock  is  grown,  sold  or  offered 
for  sale,  who  do  not  hold  an  unexpired  certificate  of  in- 
spection after  the  first  annual  inspection  made  after  the 
passage  of  this  act,  who  shall  sell  or  otherwise  dispose 
of  nursery  stock  in  the  state,  shall  be  subject  to  a  penalty 
of  not  less  than  twenty-five  nor  more  than  one  hundred 
dollars  for  each  oficnce. 

Section  4.  Any  owners  of  nurseries  or  of  places  in 
the  state  where  nursery  stock  is  grown,  sold  or  offered 
for  sale,  who  shall  fumigate  with  hydrocyanic  acid  gas 
all  stock  which  they  sell,  using  at  least  two  tenths  of  a 
gram  of  potassic  cyanide  to  every  cubic  foot  of  space 
contained  in  the  box,  house  or  other  place  wherein  this 


Measures  to  be 
taken  to  sup- 
preee  pests,  etc. 


Penalty  for 
sale  of  nursery 
stock  without 
certificate  of 
inspection. 


Certain  owners 
of  nurseries, 
etc.,  exempt 
from  provi- 
sions of  sec- 
tions 2  and  3. 


Acts,  1902.  — Chap.  495.  411 

fumigation  is  performed,  which  place  shall  be  gas  tight, 
•and  who  shall  expose  the  said  stock  to  the  fumes  of  this 
gas  of  the  strengtli  aforesaid  for  at  least  forty  minutes, 
or  who  shall  treat  the  stock  which  they  sell  by  some 
other  method  approved  by  the  state  nursery  inspector, 
and  who  shall  make  affidavit  before  a  justice  of  the  peace 
that  all  stock  sold  by  them  has  thus  been  fumigated  or 
treated,  and  who  shall  attach  a  copy  of  such  affidavit  to 
each  package,  box  or  car  of  stock  sold,  shall  be  exempt 
from  the  provisions  of  sections  two  and  three  of  this  act. 

Section  5.     All  nursery  stock  shipped  into  this  state  Nursery  stock 
from  any  other  state,  country  or  province  shall  bear  on  thi?sfa'ti°to° 
each  box  or  package  a  certificate  that  the  contents  of  said  of  kig^p^tfonf 
box  or  package  have  been  inspected  by  a  duly  authorized  ^'■"=- 
inspecting  officer,  and  that  said  contents  appear  to  be  free 
from  all  dangerous  insects  or  diseases.     In  case  nursery 
stock  is  brought  within  the  state  without  such  a  certificate 
the  consignee  shall  return  it  to  the  consignor  at  the  ex- 
pense of  the  latter,  or  shall  call  the  state  nursery  inspector 
to  inspect  the  same  :  jirorided,  Jiowever,  that  any  package  ProviBo. 
or  box  bearing  a  certificate  of  fumigation  which  meets 
the  requirements  specified  in  section  four  of  this  act  may 
be  accepted  as  though   bearing  a   proper  certificate   of 
inspection. 

Section  G.     Tlie  state  nurseiy  inspector  shall  deter-  Powers  and 
mine  the  season  for  inspecting  nurseries  and  the  forms  of  spector"  e^. 
certificates  to  be  given,  but  in  no  case  shall  he  issue  a 
certificate  which  shall  continue  in  force  after  the  first 
day  of  July  next  following  the  date  of  inspection.     He 
or  any  of  his  deputies  shall  at  all  times  have  the  right  to 
enter  any  public  or  private  grounds  in  the  performance 
of  any  duty  required  by  this  act.     He  and  each  of  his  compensation, 
deputies  shall  receive  five  dollars  for  each  day's  service 
required  of  them  under  this  act,  and  the  travelling  and 
other  expenses  necessarily  incurred  in  the  said  service. 

Section  7.     A  sum  not  exceeding  one  thousand  dollars  certain  sum 
may  be  expended  b}^  the  state  board  of  agriculture  in  ^p^ended. 
carrying  out  the  provisions  of  this  act. 

Approved  June  19,  1902. 


412 


Acts,  1902.  — Chaps.  496,  497,  498. 


CAttl?.496   -^^   ^*^   '^''   KXTEND  THE  OORPOUATE  POWKKS  OF  THE  STONY  BROOK 

VALLEY    STREET   RAILWAY    COMPANY. 

Be  it  enacted,  etc.,  as  follows  : 

BrookTiiiey  Sectiox   1 .     The  Stony  Brook  Valley  Street  Railway 

street  Railway    Couipanv  Is  hereby  authorized  to  construct,  maintain  and 

Company  m»y  *V  ,  i.  /»i  x»t*i 

construct,  etc.,  operate  its  railway  in  public  ways  oi  the  town  oi  Little- 
Littiao'n^^ '°  ton  wherein  locations  therefor  may  hereafter  be  granted 
b}'  the  selectmen  of  that  town,  with  all  the  powers  and 
privileges  and  subject  to  all  the  duties,  liabilities  and 
restrictions  now  or  hereafter  in  force  relating  to  street 
railways. 

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

Approved  June  19,  1902. 


Chcil).4&7   -^^    ^*^^    "^^   AUTHORIZE    THE    CITY    OF   BOSTON    TO   PAY     A     SUM    OF 
MONEY  TO   THE   WIDOW   OF    FREDERICK    P.    IN<iALLS. 

Be  it  enacted,  etc.,  as  follows : 
cityofBoBton        SECTION  1.     The  citv  of  Boston  is  hereby  authorized 

may  pay  a  sum  _  -^  ^  ,  " 

of  money  to  the  to  pay  to  the  widow  of  Frederick  P.  Ingalls,  late  an 
Frederick?.  officcr  in  attendance  upon  the  sessions  of  the  municipal 
court  of  the  city  of  Boston  for  criminal  business,  a  sum 
of  money  not  exceeding  one  half  of  the  annual  salary  of 
said  Frederick  P.  Ingalls  :  provided,  that  the  said  sum 
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  flanuary  next  succeeding 
the  day  of  his  death. 

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

Approved  June  23,  1902. 


Ingalls. 


Proviso. 


Ch€lD.4QS   ^^     -^*'''     '^**    INCORPORATE    THE     DEEKFIELD,     WHATELY     AND     HAT- 
FIELD    STREET    RAILM'AY    COMPANY. 


Be  it  enacted,  etc.,  as  folloios : 

Section    1.     James    Mitchell,    William    S. 


Mitchell, 


Deerfield, 
Whately  and 

Hatfield  Street    .lamcs  V.   Pheli)s,   Eugcnc  F.  DeNormandie,   Charles  E 

Railway  Com-  ~ 

pany  incorpo- 


rated. 


Dcnnison  and  Edwin  L.  P^merson,  their  associates  and 
successors,  are  hereby  made  a  corporation  by  the  name 
of  Deerfield,  Whately  and  ITattield  Street  Railway  Com- 
pany, with  all  the  powers  and  privileges  and  subject  to 
all  the  duties,  liabilities  and  restrictions  set  forth  in  all 


Acts,  1902.  — Chap.  498.  413 

general  laws  now  or  hereafter  in  force  relating  to  street 
railway  companies. 

Section    2.      Said    company    may    locate,    construct,  e{c^ft°°yj[{^,f' 
maintain  and  operate  its  railway,  with  a  single  or  double  inNorthamp- 
track,  in  such  manner  as  may  be  convenient,  in  part  upon  towns. 
private  land,  in  the  manner  now  provided  by  law,  and 
upon  streets,   highways  or  state  roads  in  the  towns  of 
Deerfield,  Whately  and    Hatfield,    and    in    the    city    of 
Northampton,    subject  to   the    approval    and    under  the 
control  of  the  selectmen  of  said  towns,  respectively,  and 
of  the  mayor  and  aldermen  of  said  city,  and  subject  to 
the  approval  and  consent  of  the  Massachusetts  highway 
commission  as  to  any  part  of  said  railway  located  upon  a 
state  highway.     The  location  of  said  railway  outside  of  Location. 
the  public  streets  and    highways  shall  not  exceed  fifty 
feet  in  width,  with  convenient  turn-outs  and  switches. 

Section  3.     Said  company  may  maintain  and  operate  Motive  power, 
its  railway  by  any  motive  power  other  than  steam,  and  ®*''" 
may  act  as  a  common  carrier  of  passengers,  baggage  and 
merchandise  in  small  quantities,  in  said  towns  and  said 
city :  provided,    however^    that    said    company    shall    in  proviso, 
carrying  goods  and  merchandise  be  subject  to  such  by- 
laws,  ordinances  and   regulations  as  may  from    time  to 
time  be  made  by  said  towns  and  said  city  ;  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  4.      Said    company  is    hereby   authorized    to  May  lease  and 
lease  and  operate,  on  the  conditions  herein  set  forth,  the  raiiways^etc."* 
whole  or  any  part  of  any  railway  which  its  railway  shall 
intersect  or  connect  with,  and  any  company  owning  such 
a  railway  is  hereby  authorized  to  lease  the  whole  or  any 
part  of'  it  to  the   company  hereby  incorporated.     Said 
company  is  authorized  to  lease  its  property  and  franchises 
to  any  company  owning  or  operating  a  railway  which 
intersects  or  connects  with  a  railway  operated  by  it ;  but 
no  lease  made  under  the  authority  of  this  act  shall  be 
valid  or  binding  until  the  terms  thereof  have  been  agreed 
to  by  a  majority  of  the  directors  of  each  of  the  comj)anies 
which  are  parties  thereto,  and  by  a  majority  in  interest 
of  their  respective  stockholders,  at  meetings  duly  called 
for  the  purpose,  nor  until  the  terms  of  such  lease  have  Terms  of  lease 
been  approved  by  the  board  of  railroad  conunissioners  as  ify'raihS^^'' 
being  consistent  with  the  public  interest. 


commissiouers. 


414 


Acts,  1902.  —  Chaps.  499,  500. 


Capital  stock, 
etc. 


To  be  iu  opera- 
tion prior  to 
July  1, 19U4. 


Section  5.  Said  company  may  issue  its  capital  stock 
to  an  amount  not  exceeding  one  hundred  thousand  dol- 
lars, and  may  increase  the  same  as  provided  by  general 
laws ;  and  it  may,  by  vote  of  a  majority  in  interest  of  its 
stockholders,  issue  coupon  or  registered  bonds,  secured 
by  mortgage  of  its  franchise  and  of  part  or  all  of  its 
property,  but  any  such  issue  of  bonds,  and  any  such  in- 
crease of  capital  stock,  shall  be  subject  to  the  provisions 
of  law  respecting  the  issue  of  stock  and  bonds  by  street 
railway  companies. 

Section  (3.  The  authority  hereby  granted  shall  cease 
if  the  proposed  railway  is  not  constructed  and  put  in 
operation  prior  to  the  first  day  of  July  in  the  year 
nineteen  hundred  and  four. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Ap2^roved  June  23^  1902. 


Chap 


^499  -^^  Act  to  regulate  the  compensation  of  the  assistant 
clerk  of  the  superior  court  designated  to  act  as  clerk 
for  the  hearing  of  cases  from  counties  other  than  suf- 
FOLK. 


Compensation 
of  aBsistaiit 
clerli  of 
superior  court, 
civil  business, 
Suffolk  coixnty. 


Be  it  enacted,  etc.,  as  follows  : 

Section  1.  In  addition  to  the  salary  already  provided 
for  by  section  thirty-five  of  chapter  one  hundred  and 
sixty-five  of  the  Revised  Laws,  the  assistant  clerk  of  the 
superior  court  for  civil  business  in  the  county  of  Suttblk 
designated  under  section  sixteen  of  said  chapter  "  to  act 
as  clerk  of  said  superior  court  when  sitting  in  Boston  for 
the  hearing  of  cases  from  any  county  other  than  Sufiblk, 
and  for  such  purposes  as  the  court  may  order",  shall 
receive  for  such  services  from  the  treasury  of  the  Com- 
monwealth the  additional  sum  of  five  hundred  dollars  a 
year,  to  be  so  allowed  from  the  tirst  day  of  July  in  the 
year  nineteen  hundred  and  two. 

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

Approved  June  23,  1902, 


Ch(ip.500  ■^'^  Act  to  AUTHORIZE  THE  MILLERS  FALLS  WATER  SUPPLY  DISTRICT 

TO  EXTEND    ITS   LIMITS. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.     The   limits  of  the   Millers 


Falls  Water 


Limits  of  the 
Millers  Falls 

JJ^ater^suppiy    Supply  District,  as  established  under  chapter  one  hun- 
tended,  etc.        drcd  and  fifty  of  the  acts  of  the  year  eighteen  hundred 


Acts,  1902.  —  Chap.  500.  415 

and  ninety-six,  are  hereb}'^  extended  so  as  to  include  the 
territory  lyin";  in  the  town  of  Ervino-  in  the  county  of 
Franklin,  designated  and  known  as  precinct  number  two. 
The  territory  hereby  annexed  to  said  district  shall  be 
subject  to  all  the  rights,  priyileges,  liabilities  and  poAvers 
belonging  to  said  district  under  the  provisions  of  said 
chapter  one  hundred  and  fifty  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-six. 

Section  2.  Said  district,  for  the  purpose  of  enlarg-  Miners  Fails 
ing  and  extending  its  water  works,  may  issu^  bonds,  District^LoaZ 
notes  or  certificates  of  debt,  to  be  denominated  on  the 
face  thereof,  jNIillers  Falls  Water  Supply  District  Loan, 
to  an  amount  not  exceeding  thirty  thousand  dollars  in 
addition  to  the  amount  heretofore  authorized  by  law  to 
be  issued  by  said  district  for  water  supply  purposes. 
Said  bonds,  notes  or  certificates  of  debt  shall  be  issued 
upon  the  same  terms  and  conditions  and  with  the  same 
powers  as  are  provided  in  chapter  one  hundred  and  fifty 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-six 
for  the  issue  of  the  Millers  Falls  Water  Supply  District 
Loan,  except  that  the  rate  of  interest  thereon  shall  not 
exceed  four  per  cent. 

Section  3.  Whenever  a  tax  is  duly  voted  by  said  ^Vdcouection 
district  the  clerk  shall  apportion,  in  accordance  with  the  of  taxes. 
valuation  of  property  situate  in  each  part  of  said  district, 
all  and  singular,  such  sums  of  money  voted  to  be  raised 
by  said  district  for  the  purposes  specified  in  this  act  and 
in  chapter  one  hundred  and  fifty  of  the  acts  of  the  year 
eighteen  hundred  and  ninety-six,  and  shall  render  a  certi- 
fied copy  of  the  vote,  with  the  apportionment  made  by 
said  clerk,  to  the  assessors  of  the  towns  of  Montague  and 
Erving.  Said  tax  shall  ])e  assessed,  collected  and  de- 
posited in  accordance  with  the  provisions  of  chapter  one 
hundred  and  fifty  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-six. 

Section  4.     This  act  shall  take  eftect  when  accepted  ^J®j"*°**''« 
by  a  majority  of  the  legal  voters  of  said  district  present 
and   voting  thereon  at  a   legal   meeting  called   for  that 
purpose.  Approved  June  28,  1902. 


416 


Acts,  1902.— Chaps.  501,  502. 


Chap.501  An  Act  to  extend  the  term  of  office  of  the  hoard  of  com- 
missioners FOR  THE  PROMOTION  OF  UNIFORMITY  OF  LEGISLATION 
IN  THE   UNITED  STATES. 

Be  it  enacted^  etc.,  as  follows : 

Section  1.     The  term  of  office  of  the  board  of  com- 
missioners for  the  promotion  of  uniformity  of  legislation 


Terra  of  office 
of  commis- 
sioners  for  pro- 
motion of 
uniformity  of 
legislation  in 
the  United 
States 
extended. 


in  the  United  States,  created  by  chapter  four  hundred 
and  five^of  the  acts  of  the  year  eighteen  hundred  and 
ninety-one,  as  amended  by  chapter  three  hundred  and 
eleven  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
three,  and  by  chapter  two  hundred  and  thirty-two  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-seven,  is 
hereby  extended  for  the  term  of  three  years  from  the 
passage  of  this  act. 
ExpenBcs.  Section  2.     The    sum    of  three    hundred    ninety-five 

dollars  and  six  cents,  being  the  unexpended  balance  of 
the  sum  of  twenty-five  hundred  dollars  originally  appro- 
priated to  carry  out  the  provisions  of  said  act,  may  be 
expended  for  such  necessary  expenses  as  may  be  incurred 
by  said  board  of  commissioners  in  the  performance  of 
their  duties. 

Section  3.     This  act  shall  take  effect  upon' its  passage. 

Approved  June  23,  1902. 


Chap. 


502   ^^    -^CT    TO     AUTHORIZE     THE     ROCKINGHAM     COUNTY     LIGHT  AND 

POWER  COMPANY  TO    FURNISH    ELECTRICITY   AT    THE   STATE  LINE 

TO     CERTAIN     STREET     RAILWAY     COMPANIES,     UPON     POLES  AND 
WIRES   SUPPLIED   AND   OWNED   BY   SUCH   COMPANIES. 

Be  it  enacted,  etc.,  as  follows  : 

haraOoMty^  SECTION  1.     The  Kocldngham  Couuty  Light  and  Power 

Pcnv\T''^m       ^  bmpany ,  incorporated  under  the  laws  of  New  Hampshire, 
pauyraayfur-    is  hereby  authorized  to  furnish  at  any  point  or  points  at 

uisli  electricity       ,  .     ,        t.  ,i  /»  -xt  tt  i  •  -i 

to  certain  street  the  state  unc  bctwccn  the  statc  01  JNew  Hampshire  and 
panre8^°°""  the  Commonwcaltli  of  Massachusetts,  electricit}^  to  any 
street  railway  company  which  may  be  operating  its  rail- 
way in  any  of  the  cities  of  Newburyport,  Haverhill, 
Lawrence  or  Lowell,  and  in  any  of  the  towns  of  Salis- 
bury, Amesbury,  Newbury,  West  Newbury,  Grovcland, 
Georgetown,  Merrimac,  Methuen  or  Dracut,  in  this  Com- 
monwealth ;  but  said  company  shall  not  be  authorized 
to  furnish  electricity  to  any  person,  firm  or  corporation 
other  than  such  a  street  railway  company. 


Acts,  1902.  — Chap.  503.  417 

Section  2.     Any  such  street  railway  company  when  purposes  for 
furnished  with  electricity  by  the  said  Rockingham  County  uy  may  be  "° 
Light  and  Power  Company,  as  hereby  authorized,  may  "^ed,  etc. 
use  the  same  for  the  sole  purpose  of  propelling,  lighting 
and  heating  its  cars  and  lighting  its  buildings  and  adjacent 
premises  and  its  switches  and  turn-outs,  and  may  for  such 
purpose  erect  and  maintain  poles,  wires,  conductors  and 
apparatus  over,  upon,  under  and  along  such  streets,  high- 
ways, bridges  and  townwa^s,  and  under  and  across  such 
waters    in   any   of  the  said  cities   or    towns  as    may  be 
authorized  by  the  aldermen  of  such  cities  or  the  select- 
men of  such  towns,  respectively,  and  upon  and  over  any 
private   land    with    the  consent   of  the   owners    thereof: 
provided,  however,  that  the  electricity  furnished  to  any  Proviso, 
street  railway  company  under  authority  of  this  act  shall 
not  be  used  for  any  purpose  other  than  that  for  which 
electricity  may  be  lawfully  used  by  street  railway  com- 
panies under  the  laws  of  this  Commonwealth. 

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

Approved  June  23,  1902. 

An  Act  relative  to  assessments  for  puclic  works.  Chaj)  503 

Be  it  enacted,  etc.,  as  foUoivs : 

Section    1.     Chapter    fifty    of  the    Revised    Laws    is  r.  l.  50,  §ii, 
hereby  amended   by  striking  out  section  eleven  and  in-  ^™®°  ^ 
serting  in    place    thereof  the   following  new  section  :  — 
Section  11.      Whenever  any  land  shall  have  been  taken  AseeBsments 
for  a  city  or  town  by  a  board  or  other  authority,  by  pur-  workl  '^ 
chase  or  otherwise,  for  any  public  improvement,  such  as 
laying  out,  relocating,  altering,  widening  or  constructing 
a  public  way,  park,  sewer,  public  alley  or  sidewalk,  such 
board  or  other  authority,  after  the  taking,  may  make  a 
new  award  or  new  awards  of  the  damages  to  be  paid  by 
the  city  or  town  to  the  owner  on  account  of  such  taking, 
and  may  agree  in  writing  with  the  owner  that  the  city  or 
town  shall  assume  the  betterments  assessed  or  that  may 
be  assessed  upon  the  residue,  or  upon  a  portion  of  the 
residue,  of  the  land  of  such  owner  if,  upon  terms  to  be 
agi'ced  upon  by  him  with  said  board  or  other  authority, 
he  shall    release  the    city  or  town   from   all  claims  for 
damages  growing  out  of  the  proceedings  in    respect  of 
which  the  betterments  are  assessed. 

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

Aprproved  June  23,  1902. 


418 


Acts,  1902.  — Chap.  504. 


City  of  Somer- 
ville  may  take 
certain  land  for 
n  public  park. 


Proviso. 


Description  of 
land  to  be 
recorded. 


ChCip.504:  ^^    ^CT   TO    AUTHORIZE    THE    CITY    OF    SOMERVILLE    TO    TAKE   LAND 

FOR   A   PUBLIC   PARK. 

Be  it  enacted,  etc.,  as  foUoivs : 

Sp:ction  1.  The  city  of  Somcrvillo,  by  its  board  of 
jildernien,  may  at  any  time  witliin  three  years  after  the 
passage  of  this  act  take,  from  time  to  time,  by  gift, 
upon  such  conditions  as  said  board  of  aldermen  may 
deem  advisable,  or  by  purchase  or  otherwise,  and  hold  in 
fee  or  otherwise,  and  maintain  for  the  purpose  of  a  public 
park,  a  certain  tract  of  land  or  any  part  thereof,  not 
exceeding  three  hundred  thousand  square  feet  in  area, 
situated  in  said  city  and  bounded  westerly  by  Endicott 
avenue,  northerly  by  Broadway,  easterly  by  C'larendon 
avenue  and  southerly  by  the  boundary  line  between  the 
cities  of  Cambridge  and  Somerville  :  provided,  however, 
that  no  land  shall  be  taken  within  said  boundaries  belong- 
ing to  the  city  of  Cambridge,  without  the  consent  of  the 
latter  by  a  two  thirds  vote  of  the  city  council  thereof. 

Section  2.  Said  city  shall,  within  sixty  days  after 
the  taking  of  any  land  as  aforesaid,  otherwise  than  by 
purchase  or  gift,  cause  to  be  recorded  in  the  registry  of 
deeds  for  the  southern  district  of  the  county  of  Middlesex, 
a  description  thereof  sufficiently  accurate  for  identifica- 
tion, with  a  statement  of  the  purpose  for  which  the  same 
was  taken,  which  statement  shall  be  signed  by  the  mayor ; 
and  the  title  to  any  land  so  taken  shall  thereupon  vest  in 
the  city  of  Somerville,  in  fee. 

Section  3.  Said  city  shall  pay  all  damages  to  prop- 
erty sustained  by  any  person  or  corporation  by  the  taking 
of  any  land,  or  by  any  other  thing  done  by  said  city 
under  the  authority  of  this  act.  Any  person  or  corpora- 
tion sustaining  damages  as  aforesaid,  who  fails  to  agree 
with  the  said  city  as  to  the  amount  thereof,  may  have 
the  same  assessed  and  determined  in  the  manner  provided 
by  law  in  the  case  of  land  taken  for  the  laying  out  of 
highways,  on  application  at  any  time  within  a  period  of 
two  years  after  the  taking  of  such  land  or  other  property, 
or  the  doing  of  such  other  injury  under  authority  of  this 
act. 

Section  4.  No  money  shall  be  appropriated  at  any 
time  for  the  taking  or  purchasing  of  said  land,  except  by 
a  two  thirds  vote  of  the  city  council,  taken  by  yeas  and 
nays. 


Damages. 


No  money  to  be 
appropriated 
except  by  a  two 
thirds  vote  of 
city  counciL 


Acts,  1902.  — Chap.  505.  419 

Section  5.  At  any  time  within  two  years  after  the  4uerL"ntI.°^ 
work  of  laying  out  and  constructing  said  park  is  com- 
pleted the  city  council  shall  have  the  same  authority  to 
determine  the  value  of  and  to  assess  upon  real  estate  the 
amount  of  betterments  accruing  to  such  real  estate  by 
the  taking  of  land  and  the  locating,  laying  out  and  con- 
struction of  a  park  under  this  act  that  is  conferred  by 
chapter  fifty  of  the  lievised  Laws  upon  boards  of  city  or 
town  officers  authorized  to  lay  out  streets  or  ways,  and 
the  provisions  of  the  first  nine  sections  of  said  chapter 
shall  ap})ly  to  such  assessments  by  said  city  council, 
except  in  regard  to  the  time  of  assessing  betterments. 

Section  6.     This  act,  except  as  provided  in  the  fol-  ^ecfuuL^s 
lowing  section,  shall  not  take  effect  unless  accepted  by  accepted  by 
said  city  of  Somerville  by  a  majority  vote  of  the  city 
council,  taken  by  yeas  and  nays. 

Section  7.     So  nuich  of  this  act  as  authorizes  its  sub-  when  to  take 
mission  to  the  city  council  of  said  city  shall  take  efiect 
upon  its  passage  ;  and  if  accepted  as  provided  in  the  pre- 
ceding section  it  shall  take  full  effect  on  the  date  of  such 
acceptance.  Approved  June  23,  1902. 


An  Act  to  establish  the  salaries  of  the  members  of  the  ni^rirr^  ^tQK 

BOARD  OF  registration  IN  MEDICINE,  THE  BOARD  OF  REGIS- 
TRATION  IN  PHARMACY  AND  THE  BOARD  OF  REGISTRATION  IN 
DENTISTRY. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.     The  secretary  of  the  board  of  registration  Salaries  of 
in  medicine  shall  receive  a  salary  of  twenty-five  hundred  traliorfiJ^^'* 
dollars  a  year,  and  the  other  members  of  the  said  board  °»^'^''=''^^- 
shall  each  receive  a  salary  of  three  hundred   dollars  a 
year. 

Section  2.     The  secretary  of  the  board  of  registration  saianeBof 
in  pharmacy  shall  receive  a  salary  of  one  thousand  dollars  tratlon'in'^^^^" 
a  year,  and  the  other  members  of  said  board  shall  each  pi**'™»<'y- 
receive  a  salary  of  tliree  hundred  dollars  a  year,  except 
that  the  chairman  of  said  board  shall  receive  a  salary  of 
five  hundred  dollars. 

Section  3.     The  chairman  and  secretary  of  the  board  boiTd^on-egis- 
of  reo'istration  in  dentistry  shall  each  receive  a  salary  of  trationm 
four  hundred  dollars  a  year,  and  the  other  members  of 
said  board  shall  each  receive  a  salary  of  two  hundred 
dollars  a  year. 


420 


Acts,  1902.  — Chap.  506. 


Travelling 
expenees,  etc. 


Fees  to  be  paid 
Into  the  treas- 
ury. 


Repeal. 


When  to  take 
effect. 


Section  4.  Each  member  of  the  boards  mentioned 
in  sections  one,  two  and  three  sliall  receive  in  addition 
to  liis  salary  his  necessary  travelling  expenses  actually 
incurred  in  attending  the  meetings  of  the  board.  The 
salaries  and  expenses  of  the  members  of  the  board  of  reg- 
istration in  medicine,  the  board  of  registration  in  phar- 
macy and  the  board  of  registration  in  dentistry  shall  be 
paid  out  of  the  treasury  of  the  Commonwealth. 

Section  5,  The  fees  received  for  examination  and 
registration  of  applicants  before  the  board  of  registration 
in  medicine,  before  the  board  of  registration  in  phar- 
niacy,  and  before  the  board  of  registration  in  dentistry, 
shall  be  paid  monthly  by  the  secretaries  of  the  respective 
boards  into  the  treasury  of  the  Commonwealth. 

Section  6.  Sections  four,  twelve  and  twenty -seven 
of  chapter  seventy-six  of  the  Revised  Laws  are  hereby 
re])ealed. 

Section  7.  This  act  shall  take  effect  on  the  first  day 
of  July  in  the  year  nineteen  hundred  and  two. 

Approved  June  23,  1902. 


Chcip.t)OQ  ^^  Act  relative  to  the  qualifications  of  caucus  officers. 
Be  it  enacted,  etc.,  as  folloivs : 

Section  1.  Section  ninety-six  of  chapter  eleven  of 
the  Revised  Laws  is  hereby  amended  by  striking  out  in 
the  eighteenth  and  nineteenth  lines,  the  words  "  for  mem- 


R.  L.  11,  § 
amended. 


Notices  of 
caucuses. 


Hour  for  call- 
ing, etc. 


bership  in  a  ward  or  town  committee  ",  so  as  to  read  as 
follows  :  —  Section  96.  Notices  of  caucuses,  signed  by 
the  chairman  and  secretary,  shall  be  issued  by  each  city 
and  town  committee  not  less  than  seven  days  prior  to 
the  day  on  which  they  are  to  be  held.  The  notices  shall 
state  the  place  where,  and  the  day  and  hour  when,  the 
several  caucuses  are  to  be  held.  They  shall  be  con- 
spicuously posted  in  at  least  five  places  on  the  high- 
ways or  streets,  and  if  practicable,  in  every  post  office 
in  the  city  or  town,  or  shall  be  published  at  least  twice 
in  one  or  more  local  newspapers,  if  there  are  any.  The 
hour  fixed  for  calling  the  caucus  to  order  shall  not  be 
later  than  eight  o'clock  in  the  evenine;.  The  notice  shall 
designate  by  name  or  office  the  person  who  sliall  call 
such  caucus  to  order,  and  he  shall  preside  until  a  chair- 
man is  chosen.  If  he  is  absent  at  the  time  appointed, 
any  member  of  the  ward  or  town  c  ommittee  present  shall 


Acts,  1902.  — Chaps.  507,  508.  421 

call  the  caucus  to  order  and  preside  until  a  chairman  is 

chosen.     The  first  business  in  order  shall  be  the  choice  First  business. 

of  a  chairman,  a  secretary  and  such  other  officers  as  the 

meetino"    may   determine.      No   person   shall  serve   as  a  certain  persons 

""/v"^,  •  I'll'  1'ii      not  to  serve  as 

caucus  officer  at  any  caucus  m  which  he  is  a  cancliclate  caucus  officers. 

for  an  elective  office,  or  for  a  nomination  to  an  elective 

office. 

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

Approved  June  23,  1902. 

An  Act  relative  to  the  loans  for  the  abolition  of  grade  (JJiqj)  QQJ 

crossings. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  treasurer  and  receiver  general  is  Relative  to 
hereby  authorized  to  transfer  to  the  loan  authorized  by  abolition  of 
chapter  four  hundred  and  twenty-eight  of  the  acts  of  the  ^^''decrossings. 
year  eighteen  hundred  and  ninety,  from  any  unexpended 
balance  of  the  loan  authorized  by  chapters  four  hundred 
and  thirty-three  of  the  acts  of  the  j'ear  eighteen  hundred 
and  ninety-two  and  two  hundred  and  fifty-seven  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-six,  which 
provide  a  sum  of  money  for  the  abolition  of  certain  grade 
crossings,  such  amount  of  money  as  may  be  from  time  to 
time  to  the  credit  of  said  loan,  and  which  may  not  be 
needed  for  the  purposes  for  which  the  loan  was  issued  ; 
and  the  balance  so  transferred  shall  be  in  addition  to  the 
five  million  dollars  appropriated  by  chapter  four  hun- 
dred and  twenty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety,  and  shall  be  a  part  of  the  sum 
authorized  to  be  expended  by  chapter  four  hundred  and 
forty  of  the  acts  of  the  year  nineteen  hundred  and  two, 
and  available  for  the  abolition  of  grade  crossings  under 
the  provisions  of  said  chapter  four  hundred  and  forty  and 
of  chapter  one  hundred  and  eleven  of  the  Revised  Laws. 

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

Approved  June  23,  1902. 


Chap.508 


An  Act  relative   to   the   union   passenger  station  and  to 

THE    abolition    OF    CERTAIN    GRADE    CROSSINGS    IN    THE    CITY    OF 
WORCESTER. 

Be  it  enacted,  etc.,  as  folio ivs : 

Section  1.     The  commission  heretofore  appointed  by  certain  railroad 
the  superior  court  for  the  county   of  Worcester,  under  Worcester  to  be 


422 


Acts,  1902.  — Chap.  508. 


discontinued, 

etc. 


Rent  to  be  paid 
for  use  of  loca- 
tion and  traelis 
of  Boston  and 
Albany  Kail- 
road  Company. 


Certain  altera- 
tions, etc.,  to  be 
made  in  the 
union  passenger 
station. 


Grafton  street 
may  be 
widened,  etc. 


chapter  three  hundred  and  eighty-seven  of  the  acts  of  the 
)ear  nineteen  hundred,  is  authorized,  after  due  notice  to 
all  the  parties  to  the  petition  upon  which  said  connnission 
was  appointed,  and  to  the  Fitchburg  Railroad  Company, 
the  Worcester,  Nashua  and  Rochester  Railroad  Com- 
pany, and  the  Boston  and  Maine  Railroad,  lessee  of  the 
said  railroads,  to  discontinue  the  tracks  of  the  Fitch- 
burg Railroad  Company  and  of  the  AVorcester,  Nashua 
and  Rochester  Railroad  Company  at  Sumner  street  and 
Shrewsbury  street  in  the  city  of  Worcester,  and  to  pro- 
vide for  brinofino-  the  trains  heretofore  run  over  said 
tracks  into  a  union  passenger  station  by  way  of  the 
viaduct  and  over  the  location  of  the  Boston  and  Albany 
Railroad  Company  ;  and  to  alter,  strengthen  and  make 
such  chanoes  in  said  viaduct  and  the  bridges  of  the  same 
over  Foster  street  and  Front  street  as  are  reasonably 
necessary  for  such  use  of  said  viaduct ;  and  to  order  such 
change  in  said  bridges  as  shall  make  the  floor  construc- 
tion thereof  water-tight. 

Section  2.  The  Fitchburg  Railroad  Company  and  the 
Worcester,  Nashua  and  Rochester  Railroad  Company,  and 
the  Boston  and  Maine  Railroad,  lessee  of  said  railroads, 
shall  pay  a  reasonable  rent  for  the  use  of  the  location  and 
tracks  of  the  Boston  and  Albany  Railroad  Company,  to 
be  determined  in  accordance  with  the  provisions  of  section 
three  of  chapter  three  hundred  and  forty-three  of  the  acts 
of  the  year  eighteen  hundred  and  seventy-one. 

Section  3.  Said  commission  is  authorized  to  make 
such  changes  and  alterations  in  the  present  union  pas- 
senger station  as  are  required  by  the  abolition  of  grade 
crossings,  in  the  manner  provided  herein  and  in  said 
chapter  three  hundred  and  eighty-seven.  Said  commis- 
sion shall  also,  after  notice  to  all  parties  and  a  hearing, 
prescribe  as  a  part  of  the  work  to  be  done  under  the 
provisions  of  said  chapter  three  hundred  and  eighth-seven 
and  of  this  act,  such  changes,  alterations,  rearrangements 
and  adaptations  in  the  union  passenger  station  as  may  be 
reasonable  in  ^iew  of  the  provisions  of  said  chapter  three 
hundred  and  eighty-sev^en  and  of  this  act,  and  such  as 
the  safety  and  convenience  of  the  public  in  the  use  of 
said  stiition  may  recjuire. 

Section  4.  Said  commission  is  authorized  to  Aviden 
Grafton  street  to  such  width  as  it  deems  that  the  interests 
of  public  travel  may  require,  and  in  the  event  of  such 


Acts,  1902.  — Chap.  509.  423 

widening  the   owner  or  owners  of  land  taken  therefor 
shall  be  entitled  to   compensation   therefor  as  for  land 
taken  for  highways  in  said  city,  and  the  amount  so  re- 
covered shall  be  apportioned  between  the  parties  to  said 
petition  as  requk-ed  by  section  one  hundred  and  fifty-one 
of  chapter  one  hundred  and  eleven  of  the  Revised  Laws. 
Said  commission  is  also  authorized  to  prescribe  changes  changes  may  be 
in  the  crossing  at  grade  of  the  railroad  tracks  on  Jackson  certain  g^rade 
street  and  in  the  overhead  bridge  by  which  the  tracks  croseing,  etc. 
now  leased  by  the  New  York,  New  Haven  and  Hartford 
Railroad  Company  cross  Hermon  street,  all  in  such  manner 
as  the  public  convenience  may  require,  as  a  part  of  the 
work  to  be  prescribed  under  said  chapter  three  hundred 
and  eighty-seven,  and  subject  to  the  provisions  thereof. 
Section  5,     This  act  shall  take  effect  upon  its  passage. 

Approved  June  23,  1902. 


CJiap.509 


An  Act  to  provide  for  the  improvement  by  the  board  of 
harbor  and  land  commissioners  of  apponagansett  harbor 
in  the  town  of  dartmouth. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.     The  board  of  harbor  and  land  commis-  Harbor  at 
sioners  is  hereby  authorized  and  directed  to  improve  the  ^^^anmouth" 
harbor  at  Apponagansett  in  the  town  of  Dartmouth  by  *°J^®  improved, 
building  a  stone  breakwater  or  breakwaters  at  its  entrance 
substantially  in  the  location  recommended  in  their  annual 
report  for  the  year  nineteen  hundred  and  one  ;  and  for 
the  purpose  of  beginning  the  construction  thereof  said 
board  is  hereby  authorized  to  expend  a  sum  not  exceed- 
ing thirty  thousand  dollars. 

Section  2.     Said    board    may   take    by    purchase    or  Necessary 
otherwise,  in  the  name  and  behalf  of  the  Commonwealth,  Haiimaybe" 
any  land  or  materials  necessary  for  carrying  out  the  pro-  **'^®°'  ^^°- 
visions  of  this  act.     The  manner  of  such  taking  and  of 
determining  the  damages  caused  thereby,  or  by  any  other 
doings  of  said  board  under  the  provisions  of  this  act, 
shall  be  the  same  as  is  provided  by  sections  seven  and 
eight  of  chapter  four  hundred  and  seven  of  the  acts  of  the 
3'ear  eighteen  hundred  and  ninety-three,  relative  to  the 
taking  of  land  by  the  metropolitan  park  commission  ;  and 
said  board  shall  for  the  purposes  of  this  act  have  the  same 
powers  which  are  conferred  upon  the  metropolitan  park 
commission  by  said  sections.     The  damages  when  finally 


424 


Acts,  1902.  — Chap.  510. 


Contracts  to  bo 
approved  l)y 
governor  and 
council. 


determined  shall  be  paid  from  tbe  treasury  of  the  Com- 
mon^Yealth  to  the  person  or  persons  entitled  thereto. 

Section  3.  No  contract  made  under  authority  of  this 
act  shall  be  valid  until  approved  in  writing  by  the  gov- 
ernor and  council. 

Section  4,     This  act  shall  take  effect  upon  its  passage. 

Approved  June  23,  1902. 


Chap.BlO  An  Act  to  authorize  the  south  bay  company  to  change  and 

FIX    THE    AMOUNT   OF    ITS   CAPITAL  STOCK    AND   TO   CHANGE    THE 
PAR  VALUE   OF  ITS   SHARES. 


The  South  Bay 
Company  may 
change,  etc., 
the  amount  of 
ittj  capital  stock. 


May  issue  new 
shares  in 
exchange  for 
outstanding 
shares. 

Proviso. 


May  issue  new 
shares. 


Certain  pro- 
visions of  law 
to  apply. 


When  to  taie 
effect. 


Repeal. 


Be  it  enacted,  etc.,  as  foUotvs : 

Section  1.  The  South  Bay  Company  may  from  time 
to  time  change  and  fix  the  amount  of  its  capital  stock, 
never  exceeding  an  ultimate  amount  of  one  million  dol- 
lars, and  may  change  the  par  value  of  its  shares  to  one 
hundred  dollars  each. 

Section  2.  The  said  company  may,  in  exchange  for 
its  outstanding  shares,  issue  new  shares  at  their  new  par 
value  to  an  amount  equal  to  the  amount  paid  in  on  such 
outstanding  shares  :  provided,  that  the  commissioner  of 
corporations  approves  such  issue  and  exchange  ;  and  such 
new  shares  shall  be  fully  paid  and  non-assessable. 

Section  3.  The  said  compan}^  may  from  time  to  time 
issue,  subject  to  the  approval  of  the  commissioner  of 
corporations,  new  shares  not  used  in  such  exchange. 

Section  4.  Except  as  otherwise  expressly  provided 
herein  all  issues  and  exchanges  of  stock  authorized  here- 
under shall  be  subject  to  all  general  laws  now  or  hereafter 
in  force  relating  to  corporations. 

Section  5.  This  act  shall  take  effect  when  accepted 
by  the  vote  of  all  the  shareholders  of  the  company  ;  and 
a  certificate  of  such  acceptance  made  by  the  president  of 
the  company  and  filed  with  the  secretary  of  the  Common- 
wealth shall  be  conclusive  evidence  of  such  acceptance. 

Section  6.  Chapter  two  hundred  and  eight  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-two  and 
chapter  one  hundred  and  twenty-five  of  the  acts  of  the 
year  eighteen  hundred  and  seventy-five  are  hereby  re- 
pealed. Approved  June  23,  1902. 


Acts,  1902.  —  Chaps.  511,  512.  425 


An  Act  making  an  appropriation  for  the  reclamation  of  QJidj)  5^1 

THE  province  LANDS  FOR  THE  BENEFIT  OF  PROVINCETOWN 
HARBOR. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  sum  of  ten  thousand  dollars  is  hereby  Reclamation  of 
appropriated,  to  be  paid  out  of  the  treasury  of  the  Com-  p''°^"^'=® '*'»*^«- 
monwealth  from  the  ordinary  revenue,  to  be  expended 
during  the  period  of  three  years  after  the  passage  of  this 
act,  under  the  direction  of  the  board  of  harbor  and  land 
commissioners,  for  the  reclamation  of  the  province  lands 
belonging  to  the  Commonwealth  in  the  county  of  Barn- 
stable, as  a  means  toward  the  preservation  of  Province- 
town  harbor. 

Section  2.  Of  the  said  amount  there  shall  be  ex-  Expenditures. 
pended  not  more  than  one  third  in  any  one  3^ear,  except 
that  if  less  than  two  thirds  of  the  whole  sum  hereby 
appropriated  shall  have  been  spent  dm-ing  the  first  two 
years  the  remainder  of  said  two  thirds  may  be  added  to 
the  one  third  set  apart  for  the  third  year. 

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

Approved  June  26,  1902. 

An  Act  relative  to  the    form  of    voting  lists  in  certain  (^1^^,^.  rio 

WARDS   of   the   SUFFOLK   SENATORIAL   DISTRICTS.  ^' 

Be  it  enacted,  etc.,  as  folloxos : 

Section  1.     Chapter   three   hundred   and  forty-eight  1902,348, 
of  the  acts  of  the  year  nineteen  hundred  and  two  is  hereby 
amended  by  striking  out  section  one  and  inserting  in  place 
thereof  the  following  :  —  Section  1.     In  all  wards  within  Form  of 
any  of  the  Suffolk  senatorial  districts  which  are  outside  lertai^n  wardT 
of  the  city  of  Boston,  except  in  the  city  of  Chelsea,  the  loriafdfsufcTs?' 
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  list  at  elections.     Names 
shall  be  added  thereto  or  taken  therefrom  as  persons  are 
found  qualified  or  not  qualified  to  vote.     The  said  lists 
shall  be  in  the  following  form  :  — 


426 


Acts,  1902.  — Chaps.  513,  514. 


-Street. 


Name  of  Voter. 


Reeideuce,  number  or 
other  designation, 
May  1,  of  the  year 
of  election. 


Length  of  residence 
In  city. 


PEK80NAL  De- 
scription. 


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

Approved  June  26,  1902. 


Chap. 


Salary  of 
second  aBsist- 
ant  clerli, 
superior  court 
for  civil  busi- 
ness, Suffolk 
county,  estab- 
lished. 


513  -^^  ^^"^  '^'^  ESTABLISH  THE  SALAKY  OF  THE  SECOND  ASSISTANT 
CLERK  OF  THE  SUPERIOR  COURT  FOR  CIVIL  BUSINESS  IN  THE 
COUNTY   OF   SUFFOLK. 

Be  it  enacted.,  etc.,  as  foUoivs : 

Section  1.  The  salary  of  the  second  assistant  clerk 
of  the  superior  court  for  the  transaction  of  civil  business 
ill  the  county  of  Suffolk  shall  be  three  thousand  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. 

Approved  June  26,  1902. 


ChavS)14:  -^^  ^^'^  ^®   PROVIDE  FOR   ENLARGING  THE   GREYLOCK   STATE  RESER- 

Be  it  enacted,  etc 


Greylock  reser- 
vation commis- 
sion  may 
acquire  certain 
lauds. 


To  form  a  part 
of  Greylock 
state  reserva- 
tion. 


VATION. 

,  as  folloivs : 

Section  1.  A  sum  not  exceeding  twenty  thousand 
dollars  may  be  paid  out  of  the  treasury  of  the  Common- 
wealth from  the  ordinary  revenue  to  the  Greylock  reser- 
vation commission,  to  be  expended  by  said  commission 
for  the  i)ur})ose  of  acquiring  by  purchase  or  otherwise 
such  lands  adjoining  the  present  Greylock  state  reserva- 
tion as  the  said  commission  may  deem  it  necessary  or 
advisal)le  to  acquire. 

Section  2.  Said  commission  shall  have  the  same 
powers  to  acquire,  take  and  care  for  such  additional 
lands  as  are  given  to  it  by  section  four  of  chai)ter  five 
hundred  and  forty-three  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-eight  in  respect  to  the  lands  already 
ac(juircd  by  the  eonmiission  for  said  reservation.  The 
additional  land  so  taken  or  ac(|uircd  shall  form  a  i)art  of 
said  reservation,  and  the  title  thereto  shall  be  and  remain 
in  the  Commonwealth. 


Acts,  1902.  — Chap.  515.  427 

Section  3 .     The  necessary  expense  for  care  and  main-  care  and 
tenaiicc  of  the  additional  lands  so  acquired  or  taken  shall  "^aiutenance. 
be  paid  by  the  county  of  Berkshire  in  the  manner  provided 
in  section  five  of  said  chapter  five  hundred  and  forty-three. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  26,  1902. 

An  Act  to  incorporate  the  st.  mart's  cemetery  trust  fund  rij.^^^  x^  x 

ASSOCIATION.  ^ 

Be  it  enacted,  etc.,  as  folio ivs  : 

Section  1.     John  T.  Madden,  Maurice  A.  O'Sullivan,  st.  Mary's 
George  Wilmot,  Edward  L.  Judge,  James  Daly,  Michael  YZtllsI^T 
Reilly  and  Francis  P.  Brady,  their  associates  and  sue-  'LTed"*'"'^^''' 
cessors,  are  hereby  made  a  corporation  by  the  name  of 
the   St.    Mary's   Cemetery  Trust   Fund  Association,   for 
the  purpose  of  caring  for,  improving  or  beautifying  the 
cemetery  situated  in  the  town  of  Uxbridge,  known  as 
St.  Mary's  cemetery,  and  any  lots  therein. 

Section    2.     Said    corporation    may    take,    hold    and  Grants,  be- 

-r  .  1       1        •        1    <iueet8,  etc. 

manage  real  and  personal  estate  given,  granted,  devised 
or  l)equeathed  to  said  corporation  for  the  care,  improve- 
ment or  beautifying  of  said  cemetery  and  of  any  lots 
therein . 

Section  3.     Said  corporation  shall  have,  in  respect  to  to  be  subject 
said  cemetery  and  to  any  lots  therein,  all  the  powers  and  resukuons  and 
be  subject  to  all  the  restrictions  and  liabilities  of  cemetery  liabilities,  etc. 
corporations   organized   under  the   general  law,   subject 
however  to  the  rights   of  any  persons   or  corporations 
having  an  estate  or  interest  in  said  cemetery  or  any  lots 
therein. 

Section  4.  The  first  meeting  of  said  corporation  shall  First  meeting. 
be  held  on  the  second  j\Ionday  of  July  in  the  year  nine- 
teen hundred  and  two,  at  two  o'clock  in  the  afternoon, 
at  St.  Mary's  church,  in  said  Uxbridge.  At  such  meet- 
ing the  incorporators  may  organize  by  the  choice  of  a 
temporary  chairman  and  clerk,  may  adopt  bj^-laws  and 
may  proceed  at  such  meeting,  or  at  a  subsequent  meeting 
notified  in  accordance  with  the  by-laws,  to  the  permanent 
organization  of  the  corporation. 

Section  5.     This  act  shall  take  effect  upon  its  })assage. 

Apjyroved  June  26,  1902. 


428  Acts,  1902.  — Chaps.  516,  517,  518. 


(7A«7).516  ^^  "^^"^  "^^    AUTHORIZE    THE    CITY    OF    BOSTON  TO    PAY   A    CERTAIN 
SUM   OF   MONEY  TO   THE   WIDOW   OF   LEMUEL   WOOD, 

Be  it  enacted,  etc.,  as  folloivs : 

miypiya'ce?.        Section  1.     Tlic  cltj  of  Boston  is  hereby  authorized 

mone"u)°the     ^^  P^J  ^^  Marj  A.  Wood,  widow  of  Lemuel  Wood  late 

widow  of  Lem-  ail  eiiiplojee  of  said  city,  a  sum  of  money  not  exceeding 

one   half  of  the   annual   salary  of  said   Lemuel  Wood  : 

Proviso.  provided,  that  the   sum   hereby  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  succeedino;  the  date  of  his  death. 

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

Approved  June  26,  1902. 

Chci7).517   '^'^   ■^^'^    '^^   AUTHORIZE    THE    CITY   OF    BOSTON    TO    PAY   A    SUM    OF 
MONEY   TO   THE   WIDOW   OF   AUGUSTUS   P.    MARTIN. 

Be  it  enacted,  etc.,  as  folloivs  : 

mZlifTmm  Section  1.  The  city  of  Boston  is  hereb}"  authorized 
of  moueytothe  ^q  p^y  to  tlic  widow  of  Auo;ustus  P.   Martin  late  water 

widow  of  ^     %      .  f      T  •  /•   -i-»  f 

Augustus  P.      commissioner  of  the  city  of  Boston  a  sum  oi  money  not 
exceeding  one  half  of  the  annual  salary  of  said  Augustus 
Proviso.  p   Martin  :  provided,  that  such  sum  shall  not  exceed  the 

amount  to  which  the  said  Martin  would  have  been  entitled 
if  he  had  lived  and  continued  to  serve  as  such  Avater  com- 
missioner until  the  first  day  of  February  next  succeeding 
the  date  of  his  death. 

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

Approved  June  26,  1902. 

Chap.5\S  ^^  ^^'^  '^*^  DIVIDE  THE  COMMONWEALTH  INTO  DISTRICTS  FOR  THE 
CHOICE  OF  REPRESENTATIVES  IN  THE  FIFTY-SEVENTH  CONGRESS 
OF  THE   UNITED   STATES   TO   FILL  VACANCIES. 

Be  it  enacted,  etc.,  as  folloivs : 
Commonwealth       Section  1.     For  tlic  Durposc  of  clioosing  rcprescnta- 

divided  into  .  .  ,         r«/»  i  /•     i        tt     •        i      ^ 

thirteen  dis-  tivcs  lu  the  fifty-seventh  congress  of  the  United  States  to 
of  representa  fill  any  vacancy  that  has  occurred  or  that  may  occur  from 
nfty^-sevenHi  death,  resignation  or  otherwise,  and  for  that  purpose 
congress.  Only,  the  Commonwealth  shall  be  divided  into  thirteen 

districts,  each  of  which  shall  be  entitled  to  choose  one 
representative  to  fill  any  vacancy  occurring,  or  which  lias 


Acts,  1902.  — Chaps.  519,  520.  429 

occurred,   in   the  representation   of  that  district   in   the 
congress  of  the  United  States. 

Section  2.  The  said  thirteen  districts  shall  be  the  How  divided, 
same  as  tliose  into  which  the  Commonwealth  was  divided 
bj  chapter  three  hundred  and  ninety-six  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-one,  as  afiected  by 
chapter  five  hundred  and  nineteen  of  the  acts  of  the  3'ear 
eighteen  hundred  and  ninety-six. 

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

Approved  June  26,  1902. 

An  Act  to  extend  the  time  for  constructing  and  putting  in  (7/?,«r).519 

OPERATION    THE   LAWRENCE    AND    METHUEN    STREET    RAILWAY. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  time  allowed  by  law  for  building  and  Time  extended, 
putting  in  operation  the  railway  of  the  LawTcnce  and 
Methuen  Street  Kailway  Company,  or  some  part  thereof, 
is  hereby  extended  to  the  thirty-first  day  of  December  in 
the  year  nineteen  hundred  and  two,  and  the  corporate 
powers  of  said  company  shall  not  be  held  to  have  ceased 
by  reason  of  any  failure  to  build  and  put  in  operation  its 
railway  within  eighteen  months  after  the  date  of  its 
certificate  of  incorporation. 

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

Approved  June  26,  1902. 

An  Act  to  extend  the  time  for  constructing  and  putting  nj^n^  520 

IN   operation   the    HAVERHILL   AND    SOUTHERN    NEW   HAMPSHIRE  -'-  ' 

STREET   RAILWAY. 

Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  time  allowed  by  law  for  building  and  Time  extended. 
putting  in  operation  the  railway  of  the  Haverhill  and 
Southern  New  Hampshire  Street  Railway  Company,  or 
some  part  thereof,  is  hereby  extended  to  the  thirty-first 
day  of  December  in  the  year  nineteen  hundred  and  two, 
and  the  corporate  powers  of  the  said  company  shall  not 
be  held  to  have  ceased  by  reason  of  any  failure  to  build 
and  put  in  operation  its  railway  within  eighteen  months 
after  the  date  of  its  certificate  of  incorporation. 

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

Approved  June  26,  1902. 


430 


Acts,  1902.  — Chap.  521. 


1891,323,  §§10 
to  12  and  14  to 
18  inclusive, 
ameuded. 


Laying  out, 
etc.,  of  higb- 
wa3'8  iu  the 
city  of  BoBton. 


CArt».521   ^^    ^^"^    KELATIVE    TO    HIGHWAYS,    PUBLIC    ALLEYS,    SEWERS     AND 

SIDEWALKS  IN   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Sections  ten  to  twelve,  inclusive,  and 
fourteen  to  eighteen,  inclusive,  of  chapter  tlu'ee  hundred 
and  twenty-three  of  the  acts  of  the  year  eighteen  hundred 
and  ninety-one,  as  heretofore  amended,  are  hereby  further 
amended  by  striking  out  the  said  sections  and  inserting 
in  place  thereof  the  following :  —  Section  10.  Every 
highway  in  said  city  shall  be  laid  out,  relocated,  altered, 
widened,  discontinued  or  constructed  only  as  i)rovided 
in  this  act  or  as  provided  in  some  other  special  act  for  a 
highway  named  therein,  and  in  this  act  the  word  "  high- 
way "  means  any  public  way  which  has  become  such 
tlirough  the  act  of  a  board  or  other  authority  or  in  any 
other  manner  ;  the  words  "  public  alley  "  mean  any  alley 
or  passageway  not  exceeding  twenty-five  feet  in  width, 
laid  out  as  a  public  alley  by  an  order  of  the  board  of 
street  commissioners  ;  the  words  "  parcel  of  real  estate" 
mean  any  lot  of  real  estate  a  part  of  Avhich  is  within  one 
hundred  and  twenty-five  feet  of  a  highway  or  public  alley 
ordered  by  said  board  to  be  laid  out,  relocated,  altered, 
widened,  discontinued  or  constructed,  as  the  lot  was  on 
the  day  of  the  first  publication  of  notice  of  the  intention 
to  make  the  improvement,  or  on  the  day  of  passing  the 
order  therefor,  if  there  is  no  such  publication,  including 
any  lot  a  part  of  which  is  taken  and  any  lot  a  part  or  the 
whole  of  which  is  leased,  and  excluding  any  land  within 
any  location  of  a  railroad  company,  and  any  lot  situated 
on  another  way  having  the  same  general  direction  with 
the  highway  or  public  alley  and  not  more  than  two 
hundred  and  fifty  feet  distant  therefrom,  if  no  part  of 
such  lot  is  between  the  highway  or  public  alley  and  a 
line  drawn  midway  between  the  same  and  said  other 
way.  Section  11.  Whenever  the  board  of  street  com- 
missioners of  the  city  of  Boston  shall  be  of  opinion  that 
in  said  city  a  public  improvement  should  be  made,  con- 
sisting of  laying  out,  relocating,  altering,  widening  or 
discontinuing,  with  or  without  construction  or  sewer, 
or  of  changing  the  grade  of,  or  constructing,  with  or 
without  sewer,  a  highway  or  public  alley,  the  board  shall 
appoint  a  time  for  a  public  hearing  and  cause  a  notice 


Powers  and 
duties  of  street 
coininiKBioiiers 
in  the  luyiiig 
out,  etc.,  of 
highways,  etc. 


Acts,  1902.-— Chap.  521.  431 

thereof  and  of  their  intention  in  the  matter  to  be  published  duueJo/°t^eet 
twice  a  week  for  two  successive  weelis  in  two  daily  news-  commissiouers 

..  ,..  in  the  layiug 

papers  published  in  the  city,  the  last  publication  to  be  at  out,  etc.,  of 
least  seven  days  prior  to  the  time  fixed  for  the  hearing,  ^  ways,  ec 
and  may  adjourn  the  hearing  from  time  to  time.  After 
the  hearing  tlic  board  may  pass  an  order  for  making  any 
such  improvement  that  in  the  opinion  of  the  board  is 
re({uircd  by  public  convenience,  and  in  the  order  shall 
prescribe  the  lines,  dimensions  and  grades  for  a  highway 
shown  on  any  plan  tiled  as  aforesaid,  and  for  any  not  so 
shown  shall  prescribe  as  it  deems  proper.  The  board  on 
the  same  day  shall  pass  another  order  and  therein  shall 
determine  and  award  the  damages  to  be  paid  by  the  city 
to  each  person  whose  property  is  taken  for  the  improve- 
ment, shall  estimate  the  benefit  or  advantage  to  each 
parcel  of  real  estate  from  the  whole  or  a  part  of  the 
improvement,  beyond  the  general  advantage  to  all  real 
estate  in  said  city  ;  and  if  a  highway  is  to  be  constructed 
shall  prescribe  the  sizes  and  materials  for  the  gas  pipes 
and  connections  to  be  laid  therein,  and  if  the  gas  com- 
pany authorized  to  lay  the  pipes  shall  certify  to  the  board 
the  sizes  and  materials  therefor  the  board  shall  prescribe 
in  accordance  with  the  certificate.  Said  orders  shall  be 
null  and  void  unless  they  shall  both  be  approved  in 
writing  by  the  mayor  within  tliree  months  after  the  first 
publication  of  the  notice  above  specified  ;  and  if  so  ap- 
proved they  shall  then  be  recorded  in  the  records  of 
the  board,  take  effect  and  be  carried  out.  After  such 
approval  b}'^  the  maj^or  and  recording  in  said  records,  the 
board  shall  cause  to  be  recorded  in  the  registry  of  deeds 
for  the  county  of  Suffolk  the  order  for  the  improvement, 
but  not  the  other  order,  and  such  recording  shall  con- 
stitute the  taking  of  land  required  for  the  improvement, 
and  the  board  with  the  approval  of  the  maj^or  may  at 
any  time  thereafter  make  a  new  award  or  new  awards. 
Any  person  interested,  if  aggrieved  by  any  award  made  pergons 
by  said  board,  may,  before  the  expiration  of  one  year  hfvedlmageT 
after  the  work  is  actually  begun  on  the  improvement,  ^^u^et^'^^^ 
file  a  petition  in  the  office  of  the  clerk  of  the  superior 
court  for  the  county  of  Suffolk  for  a  jury  to  determine 
the  damages,  and  they  shall  then  be  determined  by  such 
jury,  and  all  general  laws  relating  to  such  damages  and 
the  determination  and  payment  thereof  shall,  so  far  as 
not  inconsistent  with  this  act,  apply  to  damages  for  the 


432  Acts,  1902.  — Chap.  521. 

property  taken  as  aforesaid.     Judgment  shall  be  entered 

on  such  determination  by  a  jury,  costs  taxed  and  execution 

Powers  and       issued  as  In  civil  cases.      Section  12.     The  superintendent 

duties  of  super-  />     i 

intendentof       of  strccts  of  Said  citv,  or  other  officer  of  the  city  author- 

Btrccts   etc.   in  •/   '  *^ 

the  laying  out,  izcd  tlicrcto  by  tlic  mayor,  as  such  superintendent  or 
way8%tcf  officer  deems  proper,  whether  as  prescribed  in  the  order 
or  otherwise,  but  substantially  in  accordance  therewith, 
shall  carry  out  every  order  passed  by  any  authority 
in  said  city  authorized  thereto,  for  making  an}'  public 
improvement  specified  in  the  preceding  section,  or  con- 
sisting of  the  construction  of  a  sewer  or  sidewalk  ;  shall, 
if  the  order  is  for  laying  out,  relocating,  altering  or 
widening  a  highway,  and  not  for  construction,  remove 
obstructions  therefrom  and  make  temporary  roadbeds  and 
sidewalks  therein  and  construct  sewers  therein  if  the  order 
so  requires ;  shall,  if  the  order  is  for  construction  of  a 
sewer,  public  alley  or  sidewalk,  construct  the  same,  and 
sewers  in  the  alley  if  the  order  so  requires ;  and  shall, 
if  the  order  is  for  construction  of  a  highway,  give  public 
notice  by  advertisement  twice  a  week  for  two  successive 
weeks  in  two  daily  newspapers  published  in  said  city  that 
all  work  which  is  to  be  done  therein  shall  be  done  before 
a  day,  at  least  three  weeks  after  there  is  such  highway, 
specified  in  the  notice,  and  shall  at  least  three  weeks 
before  said  day  send  a  copy  of  said  notice  to  the  gas 
company  authorized  to  lay  gas  pipes  therein,  and  after 
said  specified  day  shall  construct  permanent  roadways, 
sidewalks  and  other  details  of  construction  therein,  and 
sewers  therein  if  the  order  so  requires,  and  connections 
of  the  sewers  to  the  line  of  the  way.  If  the  gas  company 
neglects  or  refuses  to  lay  its  pipes  before  said  day  the 
superintendent  shall  furnish  and  lay  the  pipes  as  pre- 
scribed in  the  order,  and  connect  them  with  pipes  then 
in  use,  and  the  company  shall  pay  to  the  city  the  cost 
thereof  as  agreed  upon  with  such  superintendent  or  other 
officer,  or  as  determined  by  the  court.  The  city  may 
furnish  materials  recjuired  in  doing  the  work  under  any 
such  order,  and  shall  do  the  remainder  of  the  work,  by  con- 
tract or  otherwise,  as  the  mayor  shall  approve  in  writing ; 
and  whenever  any  contract  is  to  be  made,  the  estimated 
cost  of  which  exceeds  two  thousand  dollars,  the  superin- 
tendent or  other  officer,  unless  he  causes  a  certificate  that 
advertisements  should  be  dispensed  with,  signed  by  him 
and  approved  in  writing  by  the  mayor,  with  his  reasons 


Acts,  1902.  — Chap.  521.  433 

therefor,  to  be  filed  with  the  city  auditor,  shall  publish 
advertisements  for  proposals  for  doing  the  work  under 
the  contract  twice  a  week  for  two  successive  weeks  in 
four  daily  newspapers  published  in  said  city,  and  in  the 
advertisements  shall  state  the  time  and  place  for  opening 
the  proposals,  that  each  proposal  must  be  accompanied 
by  a  suitable  bond,  certified  check,  or  other  security  for 
the  faithful  performance  of  the  proposal,  and  that  he  re- 
serves the  right  to  reject  any  or  all  proposals.  Every 
such  proposal  shall  be  accompanied  by  the  security  afore- 
said, and  after  being  opened  shall  be  kept  for  six  months 
subject  to  public  inspection.  Every  such  contract  shall 
be  in  writing,  and  shall  be  approved  in  writing  by  the 
mayor  before  being  of  any  eftect,  shall,  with  a  suitable 
bond,  certified  check,  or  other  security  for  the  faithful 
performance  of  the  contract,  be  deposited  with  the  city 
auditor,  and  shall  be  altered  only  by  agreement  in  writing 
of  the  contractor,  the  ofiicer  or  board  making  the  con- 
tract, the  sureties  on  said  bond,  and  the  mayor.  Section  Aeseeementof 
14.  Said  board  within  tAvo  years  after  the  completion  of  etc. 
any  improvement  specified  in  section  eleven  shall  deter- 
mine the  value  of  the  benefit  or  advantage  aforesaid  to 
each  parcel  of  real  estate  beyond  the  general  advantage 
to  all  real  estate  in  the  city,  from  the  whole  or  a  part  of 
the  improvement,  shall  determine  as  the  assessable  cost 
of  the  improvement  such  part,  not  exceeding  one  half,  as 
the  board  shall  deem  just,  of  the  expenses  incurred  by 
the  city  for  such  whole  or  part  of  the  improvement, 
exclusive  of  the  excess  above  four  dollars  per  linear  foot 
of  the  expenses  for  sewers  and  their  connections,  and 
exclusive  of  all  the  expenses  for  surface  drainage  and  for 
water  pipes,  gas  pipes,  and  their  connections,  and  shall 
assess  on  each  parcel  a  proportional  share  of  said  assess- 
able cost,  not  exceeding  the  value  of  said  benefit  to  the 
parcel  as  estimated  or  determined  as  aforesaid.  If  such 
assessment  is  invalid  and  has  not  been  paid  or  has  been 
recovered  back,  it  may  be  reassessed  by  said  board  to 
the  amount  for  which,  and  upon  the  real  estate  upon 
which,  the  original  assessment  ought  to  have  been  made, 
and  any  alienation  of  real  estate  assessed  shall  not  afiect 
any  reassessment  thereon  made  within  one  year  after  the 
first  assessment  has  been  found  by  the  court  to  be  invalid. 
The  owner  of  any  real  estate  in  said  city  within  one  year 
after  the  making  of  any  such  assessment  on  such  estate, 


434  Acts,  1902.  — Chat.  521. 

may  file  with  the  board  an  application  for  a  revision 
thereof,  and  the  board  within  two  months  after  such 
filing,  shall,  if  necessary  to  make  it  conform  to  the  pro- 
visions of  this  section,  revise  and  reduce  the  amount 
thereof.  The  revised  amount  shall  be  the  amount  of  the 
assessment,  and  the  excess  of  any  amount  paid  therefor 
over  the  revised  amount  shall,  on  the  certificate  of  the 
board,  be  repaid  by  the  treasurer  of  the  city  from  the 
appropriation  from  which  the  improvement  was  paid  for, 
to  the  person  for  whom  the  payment  was  made,  or  to  his 
^sreTsmentmay  legal  representative.  Section  15.  The  owner  of  any 
be  determined    real  cstatc  ou  which  auv  asscssmcnt  specified  in  section 

by  a  jury  lu  cer-  ini  i 

tain  cases,  etc.  fourtccu  shall  havc  bccu  made  and  not  wholly  paid,  or 
paid  under  protest  and  a  suit  brought  within  tlu*ee  months 
after  the  payment,  for  recovery  thereof  be  pending,  may 
on  such  notice  as  the  court  shall  order  have  the  amount 
of  the  assessment  determined  by  a  jury  at  the  bar  of  the 
superior  court  for  the  county  of  Suftblk,  on  petition 
therefor,  filed  in  the  clerk's  office  of  said  court  within  one 
year  after  the  making  of  the  assessment ;  and  if  either 
party  requests  it  the  jury  shall  view  the  premises.  If  the 
amount  so  determined  is  less  than  the  amount  fixed  by 
the  board  the  petitioner  shall  be  entitled  to  costs,  other- 
wise the  city  shall  be  entitled  to  costs,  and  if  no  part  of 
the  assessment  has  been  paid,  or  if  the  amount  thereof 
paid  is  less  than  the  amount  so  determined,  judgment 
shall  be  entered  for  the  city  for  the  amount  so  deter- 
mined, less  any  amount  paid,  with  interest  on  the  re- 
mainder and  plus  the  amount  of  the  costs  in  case  the  city 
is  entitled  to  costs,  and  less  the  amount  of  the  costs  in 
case  the  petitioner  is  entitled  to  costs ;  and  execution 
shall  issue  for  the  amount  of  the  judgment.  But  if  the 
assessment,  or  any  part  thereof,  has  been  paid  and  is  in 
excess  of  the  amount  determined  by  the  jury,  the  amount 
of  the  excess  with  interest  from  the  date  of  payment, 
plus  the  amount  of  the  costs,  shall,  on  the  certificate  of 
said  board,  be  repaid  by  the  treasurer  of  the  city  from 
the  appropriation  from  which  the  improvement  was  paid 
for,  to  the  person  for  whom  the  payment  was  made,  or 
a8°Be8Bment°s^  to  his  legal  representative.  Section  16.  Every  assess- 
eto.  *      mcnt  for  an  improvement  specified  in  this  act  shall  bear 

interest  until  paid  from  the  day  when  it  is  payable,  which 
shall  be  the  thirtieth  day  after  it  is  made,  and  if  not  paid 
before  the  first  day  of  September  of  the  year  next  after 


Acts,  1902.  — Chap.  521.  435 

the  year  in  which  it  is  made,  the  assessors  of  said  city 
shall  include  in  the  annual  tax  bills  for  the  parcel,  or  in 
separate  bills,  annuall}^  until  the  assessment  is  paid,  a 
sum  not  exceeding  ten  per  cent  of  the  amount  thereof, 
and  shall  also  include  in  the  bill  for  the  first  year  interest 
on  said  amount  from  the  thirtieth  day  after  the  assess- 
ment is  made  to  the  last  day  of  October  of  such  year, 
and  in  the  bill  for  each  year  thereafter  one  year's  interest 
on  the  amount  of  the  assessment  remaining  unpaid  ;  or,  if 
the  parcel  has  been  divided  as  hereinafter  provided,  the 
assessors  shall  include  the  several  apportionments  and 
their  proportions  of  interest  in  the  annual  tax  bills,  for 
the  divisions,  or  in  separate  bills,  and  every  amount  in 
any  such  bill  shall  be  collected  and  paid  into  the  city 
treasury  in  the  same  manner  in  which  taxes  are  collected 
and  paid.  Section  17.  Assessments  and  damages  for  Assessments 
the  public  improvements  aforesaid  ordered  after  the  pas-  bear  interest,  ° 
sage  of  this  act  shall  bear  interest  at  the  rate  of  four  per  ^^' 
cent  per  annum  for  damages,  from  the  day  of  taking,  and 
for  assessments  as  hereinbefore  provided.  Assessments 
on  real  estate  exempt  by  law  from  taxation,  as  deter- 
mined and  certified  by  the  assessors  of  said  city  on  appli- 
cation to  them  therefor  by  the  owner,  shall  not  be  payable 
or  bear  interest  until  the  day  on  which  the  estate  ceases 
to  be  so  exempt.  Assessments,  or  so  much  as  remains 
unpaid,  on  real  estate  divided  shall,  on  request  of  the 
owner  of  any  division,  or  of  the  city  collector,  forthwith 
be  apportioned  by  the  board  of  assessors  to  the  divisions 
in  proportion  to  the  values  of  the  respective  benefits 
thereto  from  said  improvement,  as  determined  by  said 
board  of  street  commissioners.     Assessments  and  interest  Assessments 

and  interest  to 

shall,  until  paid,  be  a  lien  on  the  real  estate  on  which  be  alien  on 
they  are  assessed,  from  the  day  of  the  first  pul)lication 
of  notice  of  the  intention  to  make  the  improvement  for 
Avhich  the  assessment  is  made,  or  from  the  day  of  the 
passage  of  the  order  for  the  improvement,  if  there  is  no 
such  publication  :  pr^ovided,  however,  that  in  case  of  an  proviso. 
apportionment  as  aforesaid,  only  the  amount  of  the  ap- 
portionment and  interest  shall,  until  paid,  be  a  lien  on 
the   division   to   which  it  is    apportioned.      Section    18.  Paymentof 

.  ,        .  ^,i  111  1      expenses  in- 

The   treasurer  of  said  city  shall    add    the  net   proceeds  curred  for  im- 
of  all  bonds  issued  to  meet  the  expenses  incurred  for  etc.  ' 

improvements  specified  in  section  eleven,  and  all  moneys 
received  for  assessments   therefor,  to  the  ap})ropriation 


436 


Acts,  1902.  — Chap.  522. 


Title  of  chapter 
323,  Acts  of 
1891,  amended. 


Not  to  apply  to 
certain  im- 
provements, 
etc. 


therefor,  which  shall  be  known  as  the  appropriation  for 
making  highways,  and  shall  from  said  appropriation  pay 
the  expenses  ineurred  for  the  imi)rovements,  and  the 
interest  and  sinking  fund  requirements  for  said  bonds, 
and  any  balance  required  to  meet  said  bonds  a\  heu  they 
become  due. 

Section  2.  The  title  of  said  chapter  three  hundred 
and  twenty-three  is  hereby  amended  so  as  to  read  as  fol- 
lows : —  An  Act  relative  to  highways,  public  alleys, 
sewers  and  sidewalks  in  the  city  of  Boston. 

Section  3.  This  act  shall  not  apply  to  any  such  im- 
provement completed  by  said  city  before  the  passage  of 
this  act,  and  shall  not  aft'ect  any  assessment  heretofore 
made  therefor  or  the  making  of  any  assessment  therefor, 
or  the  collection  of  any  such  assessment. 

Section  4.     This  act  shall  take  efiect  upon  its  passage. 

Ax>proved  June  27,  1902. 


CIJia7).52i2l  ^^  ^^'^  KELATIVE   TO   LOANS   OF   THE   CITY   OF   BOSTON. 

Be  it  enacted,  etc.,  as  follows : 


1898,  471,  §  2, 
amended. 


Terms,  etc.,  of 
certain  bonds 
or  certificates 
issued  by  city 
of  Boston. 


Premiums  to 
be  ijaid  into 
sinliiug  fund. 


Certain  bonds 
ratified  as 
legal,  etc. 


Section  1.  Section  two  of  chapter  four  hundred  and 
seventy-one  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-eight  is  hereby  amended  by  striking  out  all  after 
the  word  "  thereof",  in  the  tenth  line,  so  as  to  read  as 
follows  :  —  Section  2.  All  bonds  or  certificates  of  said 
city  hereafter  issued  by  said  treasurer  shall  be  for  such 
terms,  not  exceeding  forty  years,  and  bear  such  rates  of 
interest,  not  exceeding  four  per  cent  per  annum,  and  the 
interest  shall  be  payable  at  such  times,  as  said  treasurer 
and  mayor  shall  determine,  anything  in  any  general  or 
special  act  to  the  contrary  notwithstanding.  Any  pre- 
miums coming  to  the  city  in  the  negotiation  or  sale  of 
any  bonds  or  certificates  hereafter  issued  shall  be  paid 
into  the  sinking  funds  for  the  redemption  thereof. 

Section  2.  All  bonds  of  the  city  of  Boston  heretofore 
issued  are  hereby  ratified  and  confirmed  as  legal  bonds 
and  obligations  of  said  city  ;  and  any  bonds  of  said  city 
heretofore  offered  for  sale  for  terms  not  exceeding  forty 
years  may  be  issued  in  accordance  with  the  oft'er. 

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

Approved  June  27,  1902. 


Acts,  1902.  — Chaps.  523,  524.  437 


An  Act  relative  to  the  appointment  of  messengers  for  the  (JJian.523 

EXECUTIVE    department   OF  THE   COMMONWEALTH. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1,     The  o;overnor,  with  the  advice  and  con-  Execiuive 

j_         n    .^  •^  •      .  1  messengers, 

sent  oi  the  council,  may  appoint  a  messenger  and  an  appoiutment. 
assistant  messenger  for  the  executive  department,  wlio  ^**'" 
shall  hold  office  during  the  pleasure  of  the  governor,  and 
who  shall  receive  such  compensation  for  their  services, 
not  exceeding  one  thousand  dollars  and  eight  hundred 
dollars,  respectively,  as  the  governor  and  council  deter- 
mine. 

Section  2.     So  much  of  section  six  of  chapter  four  RepeaL 
of  the  Revised  Laws  as  is  inconsistent  herewith*is  hereby 
repealed. 

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

Approved  June  27,  1902. 

An  Act  to  provide  for  the  revocation  of  the  charters  of  /^7j^#vi  524 
certain  clubs. 

Be  it  enacted,  etc.,  as  follows : 

If  any  liquor,  or  any  casks  or  other  vessels  or  imple-  charters  of 
ments  of  sale  and  furniture  used  or  kept  and  provided  to  etc.rtobe"  *' 
be  used  in  the  illegal  keeping  or  sale  of  liquor,  or  any  «*eciared  void. 
implements  of  gaming,  are  seized  on  the  premises  occupied 
by  any  club  or  organization  described  in  section  two  of 
chapter  one  hundred  and  twenty-five  of  the  Revised  Laws, 
and  are  forfeited  under  the  provisions  of  chapter  one 
hundred  of  the  Revised  Laws,  the  selectmen  of  the  town, 
or  the  mayor  and  aldermen  of  the  city,  in  Avhich  such 
club  or  organization  is  situated,  except  Boston,  and  in 
Boston  the  board  of  police,  shall  immediatel}^  notif}^  the 
secretary  of  the  Commonwealth,  and  he  shall,  upon  receipt 
of  such  notice,  declare  the  charter  of  such  club  or  organi- 
zation void,  and  shall  publish  a  notice  in  at  least  one 
newspaper  published  in  the  county  in  which  such  club  or 
organization  is  located,  that  such  incorporation  is  void 
and  of  no  further  eifect.  Approved  June  27,  1902. 


438 


Acts,  1902.  — Chap.  525. 


Ohcn?.525  ^^  -^^"^  MAKING  APPROPRIATIONS  FOR  THE  SALARIES  AND  EXPENSES 
OF  THE  MEMBERS  OF  THE  BOARD  OF  REGISTRATION  IN  MEDICINE, 
THE  BOARD  OF  REGISTRATION  IN  PHARMACY  AND  THE  BOARD  OF 
REGISTRATION   IN   DENTISTRY. 


Appropriations. 


Board  of  regis- 
tration in 
medicine. 


Board  of  regis- 
tration in 
pharmacy. 


Be  it  enacted,  etc.,  as  follows : 

Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  tlie  Com- 
monwealth from  tlie  ordinary  revenue,  for  salaries  and 
expenses  of  the  board  of  registration  in  medicine,  the 
board  of  registration  in  pharmacy,  and  the  board  of 
registration  in  dentistry,  as  provided  for  by  chapter  five 
hundred  and  five  of  the  acts  of  the  present  year,  from 
the  first  3ay  of  July  to  and  including  the  thirty-first  day 
of  December,  nineteen  hundred  and  two,  to  wit:  — 

For  the  salary  of  the  secretary  of  the  board  of  regis- 
tration in  medicine,  the  sum  of  twelve  hundred  and  fifty 
dollars  ;  for  the  salaries  of  the  other  members  of  said 
board,  the  sum  of  nine  hundred  dollars  ;  for  the  neces- 
sary travelling  expenses  in  attending  meetings  of  the 
board  of  registration  in  medicine,  a  sum  not  exceeding 
tliree  hundred  and  fifty  dollars  ;  and  for  clerical  services, 
printing,  postage,  office  supplies  and  incidental  expenses 
of  the  members  of  the  board  of  registration  in  medicine, 
a  sum  not  exceeding  one  thousand  dollars. 

For  the  salary  of  the  secretary  of  the  board  of  regis- 
tration in  pharmacy,  the  sum  of  five  hundred  dollars  ; 
for  the  salary  of  the  chairman  of  the  board  of  registration 
in  pharmacy,  the  sum  of  two  hundred  and  fifty  dollars  ; 
for  the  salaries  of  the  other  members  of  the  board  of 
registration  in  pharmacy,  the  sum  of  four  hundred  and 
fift}^  dollars  ;  for  travelling  expenses  of  the  members  of 
the  board  of  registration  in  pharmacy  in  attending  meet- 
ings of  the  board,  a  sum  not  exceeding  six  hundred  and 
fifty  dollars  ;  for  the  salary  and  expenses  of  the  agent 
of  the  board  of  registration  in  pharmacy,  a  sum  not  ex- 
ceeding twelve  hundred  dollars  ;  and  for  a  stenographer, 
witness  fees  and  incidental  and  contingent  expenses  of 
the  board  of  registration  in  pharmacy,  a  sum  not  exceed- 
ing seven  hundred  dollars.  Chapter  three  hundred  and 
eighty-two  of  the  acts  of  the  present  year,  making  an 
appropriation  for  enforcing  the  laM^  to  regulate  the  practice 
of  pharmacy,  is  hereby  repealed. 


Acts,  1902.  — Chaps.  526,  527.  439 

For  the  salary  of  the  chairman  of  the  board  of  registra-  Board  of  regis- 
tion  in  dentistry,  the  sum  of  two  hundred  dollars  ;  for  dentistry. 
the  salary  of  the  secretary  of  the  board  of  registration  in 
dentistry,  the  sum  of  two  hundred  dollars  ;  for  the  salaries 
of  the  other  members  of  the  board  of  registration  in 
dentistry,  the  sum  of  three  hundred  dollars  ;  for  travel- 
ling expenses  of  the  board  of  registration  in  dentistry  in 
attending  meetings  of  the  board,  a  sum  not  exceeding 
four  hundred  dollars  ;  and  for  clerical  services,  postage, 
printing  and  other  necessary  expenses  in  connection  Avith 
the  board  of  registration  in  dentistry,  a  sum  not  exceed- 
ing six  hundred  dollars. 

Section  2.     On  and  after  the  first  day  of  July  any  Certain  sums 
sums  of  money  remaining  to  the  credit   of  the  Board  of  ferredtotiie 
Registration  in  Medicine  Fund,  the  Board  of  Registration  commonwealth. 
in  Pharmacy  Fund,  and  the  Board   of  Registration   in 
Dentistry  Fund,  may  be  transferred  by  the  treasurer  and 
receiver  general  to  the  revenue  of  the  Commonwealth, 
.  Section  3.     This  act  shall  take  effect  on  the  first  day  To  take  effect 
of  July  in  the  year  nineteen  hundred  and  two.  "^  ' 

Approved  Jxine  27,  1902. 


Chap. 526 


An  Act  to  provide  for  payment  by  the  city  of  boston 
of  the  whole  expense  of  constructing  and  maintaining 
seweks  in  that  city  for  the  disposal  of  surface  drainage. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1.     The  expense  of  the  construction  and  main-  Payment  of 
tenance  of  sewers  in  the  city  of  Boston  designed  for  the  coni^tnmtion, 
disposal  of  surface  drainage  solely  shall  be  borne  wholly  ee we?f  in^"*" 
by  the  said  city.  B"^^''"- 

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

Approved  June  27,  1902. 

An  Act  relative  to  assessments  of  betterments  for  certain  nhnj)  597 

PUBLIC   improvements   IN   THE   CITY   OF   BOSTON.  * 

He  it  enacted,  etc.,  as  follows  : 

Section  1,     The  board  of  street  commissioners  of  the  Assessments 

•  ,  /•  T»       J  'J.^  •  j?j.        J.1         1  ^  J.1  of  betterments 

City  oi  Boston,  within  one  year  after  the  day  of  the  passage  for  certain  pub- 
of  this  act,  may  determine  the  value  of  the  benefit  or  ad-  m^entThTE^os- 
vantage  to  each  and  every  parcel  of  real  estate  in  said  city  *°"- 
beyond  the  general  advantage  to  all  real  estate  therein  from 
any  public  improvement  completed  by  the  city  within  six 


440 


Acts,  1902.  — Chap.  527. 


Provisos. 


Certain  pro- 
visions of  law 
to  apply,  etc. 


years  before  said  day,  consisting  of  laying  out,  relocat- 
ing, altering  or  widening,  with  or  without  construction 
or  sewer,  a  highway,  or  a  highway  and  parkway,  public 
wa}^  or  public  allc}^  or  of  changing  the  grade  of,  or  con- 
structing with  or  without  a  sewer,  a  highwa}'',  or  a  high- 
way and  parkway,  and  may  assess  on  each  such  parcel  a 
proportional  share  of  such  part  not  exceeding  one  half  as 
the  board  shall  deem  just  of  the  expenses  incurred  by  the 
city  for  such  improvement,  exclusive  of  the  expenses  for 
sewers  and  their  connections  in  excess  of  four  dollars  per 
linear  foot  thereof,  and  exclusive  of  all  expenses  for  sur- 
face drainage  and  for  water  pipes,  gas  pipes  and  their 
connections  :  provided,  liov'eve)\  that  no  assessment  on 
any  parcel  of  real  estate  shall  exceed  the  value  of  said 
benefit  for  that  parcel,  and  that  no  parcel  of  real  estate 
for  which  any  assessment  on  account  of  an}^  such  improve- 
ment shall  have  been  paid  and  not  recovered  back  shall 
be  subject  to  the  payment  of  another  assessment  for  that 
hnprovement;  and  provided^  further,  that  no  land  within 
any  location  of  a  railroad  company  shall  be  subject  to 
such  assessment.  If  said  board  shall  make,  under  the 
provisions  of  this  act,  a  new  assessment  for  any  such  im- 
provement, any  person  on  whose  real  estate  a  prior  assess- 
ment on  account  of  such  improvement  has  been  made  and 
has  not  been  wholly  paid,  or  has  been  paid  under  protest 
and  a  suit  brought  within  three  months  after  the  payment 
for  recovery  thereof  be  pending,  may  file  w^th  the  board 
ap  application  for  a  revision  of  the  prior  assessment,  and 
the  board  shall,  if  necessary  to  make  the  prior  assessment 
conform  to  the  new  assessment,  revise  and  reduce  the 
amount  thereof,  and  give  a  certificate  for  payment  of  any 
part  of  a  prior  assessment  paid  under  protest,  or  remit 
any  unpaid  excess  of  a  prior  assessment  over  the  amount 
of  the  new  assessment ;  and  the  city  treasurer  shall  repay 
any  amount  authorized  by  the  certificate  from  the  appro- 
priation from  which  said  expenses  were  paid. 

Section  2.  The  provisions  of  sections  fifteen  to  eight- 
een, inclusive,  of  chapter  three  hundred  and  twenty-three 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-one, 
as  amended,  so  far  as  they  are  apjdicable  and  not  incon- 
sistent herewith,  shall  apply  to  assessments  made  under 
this  act,  or  made  before  its  passage  ;  but  petitions  under 
said  section  fifteen  filed  on  account  of  assessments  made 


Acts,  1902.  —  Chaps.  528,  529.  441 

before  the  passage  of  this  act  may  be  filed  only  within 
one  year  after  the  passage. 

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

Approved  June  27,  1902. 


Ghapf)28 


An  Act  relative  to  the  construction  at  dedham  of  a  build- 
ing FOR  the  registries  OF  DEEDS  AND  OF  PROBATE  AND  FOR 
THE   PROI'.ATE   COURT   FOR   THE   COUNTY'   OF  NORFOLK. 

Be  it  enacted,  etc.,  as  folloios : 

Section  1 .     Section  two  of  chapter  two  hundred  and  i9<",  2S4,  §  2, 
eiglit5'-four  of  the  acts  of  the  year  nineteen  hundred  and 
one  is  hereby  amended  by  striking  out  in  lines  six  to  ten, 
both  inclusive,  the  words  "  Such  approval  shall  not  be 
given  until  the  board  is  convinced  that  the  cost  of  the 
building,  ready  for  the  use  of  said  reoistries  and  court, 
and  of  the  offices  incident   thereto,  will  not  exceed  the 
sum  of  two  hundred  thousand  dollars  ",  so  as  to  read  as 
follows  :  —  Section  2.     No  contract  shall  be  made  for  the  pianstobe 
construction  of  said  building  until  plans  have  been  sub-  ''pp^°^^'*- 
mitted  by  the  county  commissioners  to  a  board  consisting 
of  the  judge  of  probate,  the  register  of  probate,  and  the 
register  of  deeds,  for  the  county  of  Norfolk,  and  have 
been  approved  by  said  board. 

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

Approved  Jxme  27,  1902. 


An  Act  relative  to  municipal  parties  in  the  city  of  Cam- 
bridge. 


Chap.529 


Be  it  enacted,  etc.,  as  follows  : 

Section    1 .     Any  association  of  legal  voters   in    the  certain  aesocia- 
city  of  Cambridge  which.  First,  For  ten  successive  years  voter8°in'cam- 
previous  to  the  passage  of  this  act  shall  have  nominated  Jj"ej,fg(*° ''® 
by  caucuses  or  conventions  candidates  for  any  municipal  poimcai  parties 

"(T"  1  !•      •  •  o  1     ~l•^T^   •    T     n  i        for  municipal 

omce  under  a  distinctive  name  ;  or  Second,  v\  Inch  lorthe  elections, etc, 
preceding  municipal  election  shall  have  nominated  by 
caucuses  or  conventions  a  candidate  for  mayor  who  re- 
ceived at  least  ten  per  cent  of  the  entire  vote  polled  in 
said  city  for  that  office  ;  or  Third,  Which  has  filed  with 
the  city  clerk,  at  least  sixty  days  before  the  annual  city 
election,  a  petition  for  separate  caucuses,  signed  by  at 
least  three  per  cent  of  the  registered  voters  of  said  city, 
shall  so  far  as  municipal  elections  in  said  city  are  con- 


442  Acts,  1902.— Chaps.  530,  531. 

cerned'  be  deemed  a  political  party  within  the  meaning  of 
chapter  eleven  of  the  Revised  Laws  as  if  said  party  had 
at  the  preceding  annual  state  election  polled  for  governor 
at  least  three  per  cent  of  the  entire  vote  cast  in  the  Com- 
monwealtli  for  tliat  office  ;  and  voting  or  taking  part  in 
the  caucuses  of  said  munici})al  political  party  by  any 
voter  shall  not  affect  liis  voting  or  taking  part  in  the 
caucuses  of  another  political  party  whether  national, 
state  or  municipal,  for  any  other  election  ;  and  having 
voted  or  taken  part  in  the  caucuses  of  another  political 
party  for  any  previous  election  whether  city,  state  or 
national,  shall  not  affect  his  voting  or  taking  part  in  the 
caucuses  of  said  municipal  political  party. 
"uc^'usfs?*  Section  2.     All  caucuses  of  any  political  party  in  the 

city  of  Cambridge  as  defined  in  section  one  of  this  act 
shall  be  held  in  a(icbrdance  with  the  provisions  of  sections 
ninety-nine  to  one  hundred  and  thirty-one  inclusive  of 
chapter  eleven  of  the  Revised  Laws,  as  if  said  party  had 
accepted  the  provisions  of  said  sections  as  provided  in 
section  one  hundred  of  said  chapter  eleven  ;  except  that 
for  the  last  five  words  of  the  oath  set  forth  in  said  section 
ninety-one,  viz.  :  "  for  twelve  months  last  past  ",  there 
shall  be  substituted  the  words  :  — said  election. 

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

ApjJroved  June  27,  1902. 

Chap.530  ^^    -'^CT    TO   ESTABLISH    THE    SALARY    OF    THE    ASSISTANT  DISTRICT 
ATTORNEY  FOR   THE   EASTERN  DISTRICT. 

Be  it  enacted,  etc.,  as  follows : 

teltltant  dis.  SECTION  1.     The  salaiy  of  the  assistant  district  attorney 

trict  attorney,    for  ^hc  castcm  district  shall  be  fourteen  hundred  dollars  a 

eastern  district,  -,     n  ^  i  ,.    i 

established.       year,  to  be  so  allowed  from  the  first  day  of  July  m  the 
year  nineteen  hundred  and  two. 

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

Approved  June  27,  1902. 

0//«79.531  -^^  ^^'^  ^^  PROVIDE  FOR  LICENSING  HAWKERS,  PEDLERS  AND  HOOT- 
ULACKS  UNDER  THE  AGE  OK  FOURTEEN  IN  THE  CITY  OF  HOSTON 
BY  THE  SCHOOL  COMMITTEE   OF   SAID   CITY. 

Be  it  enacted,  etc.,  as  follows : 

wii^nd^e'ii.^  ^^'         Section  1.     Section  seventeen  of  chapter  sixty-five  of 
the  Revised  Laws  ishereb}^  amended  by  inserting  after  the 


Acts,  1902.  — Chap.  532.  443 

word  "  relative  ",  in  the  second  line,  the  words  :  — to  the 
exercise  of  the  trade  of  bootblacking  by  minors  and,  — 
by  inserting  after  the  word  "sales",  in  the  fourth  line, 
the  words  :  —  or  such  trade,  —  by  inserting  after  the  word 
"regulations",  in  the  sixth  line,  the  words: — provided, 
that  in  the  case  of  persons  under  the  age  of  fourteen  years 
in  the  city  of  Boston  the  foregoing  powers  shall  be  vested 
in  and  exercised  by  the  school  committee  of  that  city,  — 
and  by  inserting  after  the  word  "articles",  in  the  sixth 
line,  the  words  :  —  or  exercises  such  trade,  — so  as  to  read 
as  follows  :  —  Section  1 7.  The  mayor  and  aldermen  or  Regulation  of 
selectmen  maj^  make  regulations  relative  to  the  exercise  etc!,Ty  mhiors. 
of  the  trade  of  bootblacking  by  minors  and  to  the  sale  by 
minors  of  any  goods,  wares  or  merchandise  the  sale  of 
which  is  permitted  by  section  fifteen,  and  may  prohibit 
such  sales  or  such  trade,  or  may  require  a  minor  to  obtain 
from  them  a  license  therefor  to  be  issued  on  terms  and 
conditions  prescribed  in  such  regulations  :  provided,  that  Proviso. 
in  the  case  of  persons  under  the  age  of  fourteen  years  in 
the  city  of  Boston  the  foregoing  powers  shall  be  vested  in 
and  exercised  by  the  school  committee  of  that  city.  A 
minor  who  sells  such  articles  or  exercises  such  trade  with- 
out a  license  if  one  is  required  or  who  violates  the  con- 
ditions of  his  license  or  any  of  the  provisions  of  said 
regulations  shall  be  punished  by  a  fine  of  not  more  than 
ten  dollars  for  each  offence. 

Section  2.     This  act  shall  take  effect  on  the  first  day  to  take  effect 
of  January  in  the  jqqx  nineteen  hundred  and  three.  loos.'*'^^  ' 

Approved  June  27,  1902. 

An  Act  m  addition   to  an  act  making  appropriations  for  njffjq-x  HQO 

SUNDRY  miscellaneous  EXPENSES  AUTHORIZED  DURING  THE 
PRESENT  YEAR,  AND  FOR  CERTAIN  OTHER  EXPENSES  AUTHORIZED 
BY  LAW. 

Be  it  enacted,  etc.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  ap-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specified  in  certain  acts  and  resolves  of  the  present  year, 
and  for  certain  other  expenses  authorized  by  law,  to 
wit :  — 

For  compensation  and  expenses  of  the  committee  au-  committee  to 
thorized  to  examine  and  consider  the  laws  of  the  Com-  corSalioT" 

laws. 


444 


Acts,  1902.  — Chap.  532. 


Experts  ap- 
poiuted  by 
railroad  com- 
missioners. 


Reimbursing 
certain  towns 
for  expenses 
incurred  in 
fnruisbing  high 
school  instruc- 
tion. 


State  board  of 
publication. 


Widow  of 
Henry  Gr. 
Greene. 


School  shij) 
Enterprise. 


Dredging  part 
of  southerly 
shore  of  South 
Boston. 


Investigations 
by  railroad 
commissioners. 


State  library. 


monwealth  in  relation  to  the  formation,  taxation  and 
conduct  of  all  corporations,  as  authorized  by  chapter 
three  hundred  and  thirty-five  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  ten  thousand  dollars. 

For  compensation  and  expenses  of  experts  appointed 
by  the  board  of  railroad  commissioners,  as  authorized  by 
chapter  four  hundred  and  thirty-two  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  three  thousand  dollars. 

For  reimbursing  certain  toMns  for  expenses  incm'red  in 
furnishing  high  school  instruction,  as  authorized  by  chap- 
ter four  hundred  and  thirtj^-three  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  two  thousand  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated 
for  the  same  purpose. 

For  travelling,  clerical  and  other  necessary  expenses 
of  the  state  board  of  publication,  as  authorized  ]by  chapter 
four  hundred  and  thirty-eight  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  three  hundred  dollars. 

For  Alexandrina  Greene,  widow  of  Henry  G.  Greene, 
as  authorized  by  chapter  one  hundred  of  the  resolves 
of  the  present  year,  the  sum  of  seven  hundred  and  fifty 
dollars. 

For  repairs  and  other  necessary  expenses  upon  the 
school  ship  Enterprise  during  the  present  year,  as  author- 
ized by  chapter  one  hundred  and  four  of  the  resolves  of 
the  present  year,  a  sum  not  exceeding  five  thousand 
dollars,  the  same  to  be  in  addition  to  any  amount  hereto- 
fore appropriated  for  the  same  purpose. 

For  dredging  a  part  of  the  southerly  shore  of  South 
Boston  by  the  board  of  harbor  and  land  commissioners, 
as  authorized  by  chapter  four  hundred  and  twenty-five 
of  the  acts  of  the  present  year,  a  sum  not  exceeding 
twenty-five  thousand  dollars. 

For  certain  expenses  in  connection  with  investigations 
to  be  made  by  the  board  of  railroad  commissioners,  as 
provided  for  in  chapters  sixty -seven,  seventy-five  and 
eighty-six  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  twenty-five  hundred  dollars. 

For  contingent  expenses  in  the  state  library,  to  be 
expended  under  the  direction  of  the  trustees  and  librarian, 
a  sum  not  exceeding  seven  hundred  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appropriated  for 
the  same  purpose. 


Acts,  1902.  —  Chap.  532.  445 

For  Harr>^  J.  Doiigan,  as  authorized  by  chapter  one  Harry  j. 
hundred  and  five  of  the  resolves  of  the  present  year,  the  ^*'"^*''- 
sum  of  four  liundred  dollars. 

For  the  father  of  William  L.  Mooney,  as  authorized  by  Father  of 
chapter  one  hundred  and  six  of  the  resolves  of  the  present  Moone™.^' 
year,  the  sum'of  one  hundred  dollars. 

For  AValter  H.   Gihnan   of  Lowell,  as  authorized  by  waiter  h.gu- 
chapter  one  hundred   and   eight   of  the  resolves  of  the  ™*"' 
present  year,  the  sum  of  five  hundred  dollars. 

For  the  widow  of  John  Hopkins,  as  authorized  by  chap-  widow  of 
ter  one  hundred  and  nine  of  the  resolves  of  the  present  ^^^  Hopkins. 
year,  the  sum  of  four  thousand  and  one  dollars  and  thirty- 
six  cents. 

For  the  better  protection  of  butter  by  the  dairy  bureau  Dairy  bureau  of 
of  the  state  board  of  agriculture,  as  authorized  by  chapter  agdcuiture.°^ 
one  hundred  and  ten  of  the  resolves  of  the  present  year, 
a  sum  not  exceeding  three  thousand  dollars,  the  same  to 
be  in  addition  to  the  amount  appropriated  the  present 
year  for  the  expenses  of  the  state  dairy  bureau. 

To  provide  for  medals  for  the  Massachusetts  miiuite  Medals  for  Mas- 
men  of  eighteen  hundred  and   sixty-one,   as  authorized  miimtrmenof 
by  chapter  one  hundred  and  eleven  of  the  resolves  of  the  ^^'^^* 
present  year,  a  sum  not  exceeding  two  thousand  dollars, 
the  same  to  be  in  addition  to  the  one  thousand  dollars 
appropriated  by  chapter  three  hundred  and  forty-one  of 
the  acts  of  the  present  year. 

For  Esther  E.  Bean,  widow  of  Albro  G.  Bean,  as  au-  widow  of 
thorized   by  chapter   one   hundred    and   thirteen   of  the  ^''''^  ^"  ^®*°" 
resolves  of  the  present  year,  the  sum  of  three  hundred 
and  fifty  dollars. 

For  clerical  assistance  for  the  register  of  probate  and  Clerical  aesist. 

o  i-  a.nc6 

insolvency  for  the  county  of  Norfolk,  a  sum  not  exceeding- 
six  hundred  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  same  })urpose. 

For  authorized  exiienses  of  committees  of  the  present  Committees  of 

,  I       •        1      1         1       •       1  '  •  general  court. 

general  court,  to  include  clerical  assistance  to  committees 
authorized  to  employ  the  same,  and  also  expenses  in  con- 
nection with  advertising  hearings  before  committees,  a 
sum  not  exceeding  three  thousand  dollars,  the  same  to 
be  in  addition  to  any  amount  heretofore  appropriated  for 
the  same  purpose. 

For  the  salary  of  the  deputy  sealer  of  weights,  measures  Deputy  sealer 
and  balances,  as  authorized  by  chapter  four  hundred  and  meaeufeefetc. 


446 


Acts,  1902.  — Chap.  532. 


Preservation  of 
town  records 
of  births,  mar- 
riiiijes  and 
deaths. 


Salary  of  first 
assistant  dis- 
trict attorney 
for  Suffolk 
district. 


Salary  of  second 
assistant  dis- 
trict attorney 
for  Suffolk 
district. 


Northampton 
insane  hospital. 


State  board  of 
charity. 


Indigent  and 
iu-f?lected  chil- 
dren, etc. 


Unsettled 
pauper  infants. 


fifty-seven  of  the  acts  of  the  present  3^ear,  the  sum  of  one 
hundred  and  fifty  dollars,  the  same  to  be  in  addition  to 
any  amount  heretofore  appropriated  for  the  same  purpose. 

For  exi)enses  in  connection  with  the  preservation  of 
town  records  of  births,  marriages  and  deaths  previous  to 
the  year  eighteen  hundred  and  fifty,  as  authorized  by 
chapter  four  hundred  and  seventy  of  the  acts  of  the  present 
year,  a  sum  not  exceeding  ten  thousand  dollars. 

For  the  salary  of  the  first  assistant  district  attorney  for 
the  Suffolk  district,  as  authorized  by  chapter  four  hundred 
and  seventy-one  of  the  acts  of  the  present  year,  the  sum 
of  two  hundred  and  fifty  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for  the  same 
purpose. 

For  the  salary  of  the  second  assistant  district  attorney 
for  the  Suftblk  district,  as  authorized  by  chapter  four 
hundred  and  seventy-one  of  the  acts  of  the  present  year, 
the  sum  of  two  hundred  and  fifty  dollars,  the  same  to  be 
in  addition  to  any  amount  heretofore  appropriated  for  the 
same  purpose. 

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.  So  much  of  chapter  three  hundred 
and  forty-one  of  the  acts  of  the  present  year  as  provides 
for  the  payment  of  these  expenses  out  of  the  receipts  that 
may  be  paid  into  the  treasury  of  the  Commonwealth  from 
the  hospital  is  hereby  repealed. 

For  expenses  of  the  state  board  of  charity,  including 
travelling  and  other  expenses  of  members  and  salaries 
and  expenses  in  the  office  of  the  clerk  and  auditor  of  said 
board,  a  sum  not  exceeding  two  hundred  dollars,  the  same 
to  be  in  addition  to  any  amount  heretofore  appropriated 
for  the  same  purpose. 

For  the  care  and  maintenance  of  indigent  and  neglected 
children  and  juvenile  offenders,  to  include  expenses  in 
connection  with  the  same,  a  sum  not  exceeding  ten  thou- 
sand dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  same  purpose. 

For  the  support  and  transportation  of  unsettled  })auper 
infants  in  this  Commonwealth,  including  infants  in  the 
infant  asylum,  a  sum  not  exceeding  five  thousand  dollars, 
the  same  to  be  in  addition  to  any  amount  heretofore 
appropriated  for  the  same  purpose. 


Acts,  1902.  — CHAr.  533.  447 

For  instruction  in  the  public  schools  in  any  city  or  instruction  of 
town  in  the  Commonwealth  of  children  botu'dcd  or  bound  '^^  "'""  ' 
out  by  the  state  board  of  charity  for  the  present  year  and 
for  previous  years,  a  sum  not  exceeding  thirty-five  hun- 
dred dollars,  the  same  to  be  in  addition  to  any  amount 
heretofore  appropriated  for  the  same  purpose. 

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,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  same  purpose. 

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

A2)2)roved  June  27,  1902. 

An  Act  to  require  street  railway  companies  to  pay  part  njfnrt  '^SS 
OF  the  cost  of  building  or  repairing  bridges  on  highways  * 

UPON  WHICH  THEY  HAVE  LOCATIONS. 

Be  it  enacted,  etc.,  as  foUotcs : 

Section  1.     Section  one  hundred  and  thirty-four  of  R-liu, §134, 

1  11111  r«iT~>»iT  •      amended. 

chapter  one  hundred  and  eleven  01  the  lievised  Laws  is 
hereby  amended  by  inserting  after  the  word  ' '  corpora- 
tion ",  in  the  fourth  line,  the  words: — or  the  directors 
of  a  street  railway  company  having  tracks  on  the  said 
way,  —  and  by  adding  at  the  end  of  said  section  the  fol- 
lowing :  —  In  case  any  street  railway  company  is  author- 
ized to  lay  and  use  tracks  upon  the  said  way,  the  said 
company  shall  bear  such  part  of  the  expense  of  building, 
repairing  or  improving  a  bridge  forming  a  part  of  said 
way,  or  of  altering  or  improving  the  approaches  thereto, 
as  shall  be  deemed  to  be  just  by  the  commission  provided 
for  in  sections  one  hundred  and  thirty-six  and  one  hun- 
dred and  thirty-seven, — -so  as  to  read  as  follows:  — 
Section  134.  If  a  public  way  and  a  raikoad  cross  each  Alterations 
other,  and  the  mayor  and  aldermen  of  the  city  or  the  hi^ceruiu  croBs. 
selectmen  of  the  town  in  which  the  crossing  is  situated,  i°g«>«tc- 
or  the  directors  of  the  railroad  corporation,  or  the  di- 
rectors of  a  street  railway  company  having  tracks  on  the 
said  w^ay,  are  of  opinion  that  it  is  necessar}"  for  the  secur- 
ity or  convenience  of  the  public  that  an  alteration  which 
does  not  involve  the  abolition  of  a  crossing  at  srade 
should  be  made  in  the  crossing,  the  approaches  thereto, 
the  location  of  the  railroad  or  way,  or  in  a  bridge  at  the 
crossing,  they  shall  apply  to  the  county  commissioners, 


448  Acts,  1902.  —  Chap.  533. 

or,  if  the  crossing  is  situated  in  the  city  of  Boston,  to 
the  board,  who  shall,  after  due  notice,  hear  all  parties  in- 
terested and,  if  they  decide  that  such  alteration  is  neces- 
sary, shall  prescribe  the  manner  and  limits  within  which 
it  shall  be  made,  and  shall  forthwith  certify  their  decision 
to  the  parties  and  to  the  board.  In  case  any  street  rail- 
way company  is  authorized  to  lay  and  use  tracks  upon 
the  said  way,  the  said  company  shall  bear  such  part  of 
the  expense  of  building,  repairing  or  improving  a  bridge 
forming  a  part  of  said  way,  or  of  altering  or  improving 
the  approaches  thereto,  as  shall  be  deemed  to  be  just  by 
the  connnission  provided  for  in  sections  one  hundred  and 
thirtj-six  and  one  hundred  and  thirty-seven. 

R.L-i".§i36,  Section  2.  Section  one  hundred  and  thirty-six  of 
said  chapter  is  hereby  amended  by  adding  at  the  end  of 
said  section  the  following  :  —  If  a  street  railway  company 
is  authorized  to  lay  and  use  tracks  upon  any  bridge  in  a 
highway  which  is  built  or  repaired  or  altered  as  above 
provided  for,  or  the  approaches  to  which  are  altered  or 
improved  as  above  provided  for,  the  said  commission 
shall  determine  what  part  of  the  charges  and  expenses  of 
making  such  changes  or  improvements,  or  of  keeping 
such  approaches  in  good  condition,  shall  be  paid  by  the 
said  street  railway  company,  —  so  as  to  read  as  follows  : 

Apportionment  —  Sectioii  136.     A  spccial  commission  of  three  disinter- 

of  expense,  i 

etc.  ested  persons,  who  shall  be  appointed  as  provided  in  the 

following  section,  shall  determine  which  party  shall  carry 
such  decision  into  effect  and  which  party  shall  pa}^  the 
charges  and  expenses  of  making  such  alteration  and  the 
future  charges  for  keeping  such  crossing  and  the  ap- 
proaches thereto  in  repair,  as  well  as  the  costs  of  the 
application  to  the  county  commissioners,  or  the  board  of 
railroad  commissioners,  and  of  the  hearing  before  said 
special  commission ;  and  it  may  apportion  all  such 
charges,  expenses  and  costs  between  the  railroad  corpora- 
tion, and  the  counties,  cities  or  towns  in  which  said  cross- 
ing is  situated  and  other  cities  and  towns  which  may  be 
specially  benefited.  Any  county,  and  any  city  or  town 
in  which  the  crossing  is  not  situated,  may  be  omitted 
from  the  apportionment  if  it  seems  just.  If  a  street  rail- 
way company  is  authorized  to  lay  and  use  tracks  upon 
any  bridge  in  a  highway  which  is  built  or  repaired  or 
altered  as  above  provided  for,  or  the  approaches  to  which 
are  altered  or  improved  as  above  provided  for,  the  said 


Acts,  1902.  —  Chap.  534.  449 

commission  shall  determine  what  part  of  the  charges  and 
expenses  of  making  such  changes  or  improvements,  or  of 
keeping  such  approaches  in  good  condition,  shall  be  paid 
by  the  said  street  railway  company. 

Sectiox  3.     Section  one  hundred  and  thirty-seven  of  fm^nded!  ^  ^^^' 
said  chapter  is  hereby  amended   by   inserting  after  the 
word  "corporation",  in  the  third  line,  the  words:  —  or 
of  the  street  railway  company,  —  so  as  to  read  as  follows  : 
—  Section  137.     Upon  the  application  of  the  county  com-  special  com. 
missioners,  the  board  of  railroad  commissioners,  the  mayor  appointment, 
and  aldermen,  the  selectmen  or  the  directors  of  the  rail-  ^*°" 
road  corporation  or  of  the  street  railway  company  for  the 
appointment  of  such  commission,  the  superior  court  shall 
cause  notice  thereof  to  be  given  to  the  other  parties  in- 
terested, fourteen  days  at  least  before  the  time  fixed  for 
the  hearing  ;  and  thereupon,  after  a  hearing,  shall  appoint 
such  commission,  one  member  of  which  shall  be  a  mem- 
ber of  and  designated  by  tlie  board.      The  special  com- 
mission shall  meet  as  soon  as  may  be  after  its  appointment, 
and,  after  notice  to  and  a  hearing  of  the  parties,  shall 
make  its  award  in  writing  and  return  the  same  into  said 
court. 

Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  27,  1902. 


Cha2y.5U 


An  Act  to  provide  for  the  construction  of  additional  tun- 
nels AND   SUBWAYS  IN  THE  CITY  OF  BOSTON. 

Be  it  enacted,  etc.,  as  folloios  : 

Section   1.     The  Boston  transit  commission,  herein-  Additional 
after  called  the  commission,  may  construct  in  the  city  of  subwtyr^ay 
Boston,  hereinafter  called  the  city,  a  system  of  tunnels  ^nBoston"*^'*"' 
and  subways  so  designed  as  to  be  adapted  for  the  accom- 
modation of  two  tracks  especially  for  use  by  elevated  cars 
or  trains  and  two  tracks  especially  for  use  by  surface  cars, 
from  a  point  or  points  near  the  junction  of  Broadway  and 
AVashington  street  or  within  one  thousand  feet  therefrom, 
through  and  under  public  streets,  squares  or  places  and 
public  or  private  lands,  between  the  existing  subway  and 
a  line  parallel  with  and  seven  hundred  and  fifty  feet  east- 
erly from  Washington    street   to  the   line  of  Court  and 
State  streets,  and  thence  northerly  by  such  route  as  may 
be  deemed  best,  to  a  point  or  points  in  or  near  Adams 
square,  Haymarket  s(]uare  or  Causeway  street,  together 


450 


Acts,  1902.  — Chap.  534. 


When  8truc- 
tures  shall  be 
begun,  etc. 


Preliminary 
inveBtigations 
Burveyn  and 
plans  to  be 
made,  etc. 


Plan  to  be  filed 
before  construc- 
tion Is  begun, 
etc. 


Avitli  approaches,  .sidings,  entrances,  stations,  elevators, 
inclines,  connections  and  other  structures,  hereinafter 
culled  appurtenances,  which  shall  also  include  connec- 
tions either  at  grade  or  otherwise  with  the  East  Boston 
tunnel  and  the  existing  subway. 

The  structure  for  the  two  tracks  especially  adapted  for 
elevated  cars  or  trains,  hereinafter  called  the  tunnel,  shall 
be  begun  immediately  after  the  acceptance  of  this  act  by 
a  majority  of  the  voters  of  the  city  as  hereinafter  provided. 
The  structure  for  the  remaining  two  tracks,  hereinafter 
called  the  subway,  shall  be  begun  at  such  time  after  the 
expiration  of  one  year  from  the  completion  of  the  tunnel 
as  the  commission  and  the  Boston  Elevated  Railway 
Compan}^,  hereinafter  called  the  company,  may  agree 
upon,  or,  in  case  of  difference,  as  the  board  of  railroad 
commissioners,  hereinafter  called  the  board,  shall  deter- 
mine that  the  public  interests  require.  The  structure  or 
structures  for  all  four  tracks,  with  the  appurtenances,  or 
any  part  or  parts  thereof,  may  be  begun  at  any  time  after 
the  acceptance  of  this  act  l)y  a  majority  of  the  voters  of 
the  city  as  hereinafter  provided,  if  and  so  far  as  the 
commission  deems  it  expedient  and  if  the  company  by 
its  board  of  directors  consents  thereto. 

Section  2.  The  commission  shall  immediately  after 
the  passage  of  this  act  make  such  preliminary  investiga- 
tions, surveys  and  plans  as  it  deems  expedient,  and  to 
that  end  may  enter  upon  any  lands  and  place  and  main- 
tain marks  therein,  and  may  make  excavations,  borings 
and  do  all  other  acts  necessary  for  such  investigations 
and  surveys.  The  commission  may  expend  such  sums  as 
it  deems  necessary  therefor.  The  expenses  incurred  in 
making  such  preliminary  investigations,  surveys  and  plans 
shall  be  paid  from  the  loan  authorized  by  chapter  five 
hundred  and  forty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-four  and  acts  in  addition  thereto,  but 
if  construction  is  begun  hereunder  the  amount  so  ex- 
pended shall  be  transferred  and  charged  to  the  cost  of 
such  construction. 

Section  3.  The  commission  shall  not  begin  the  work 
of  construction  until  it  has  filed  in  the  office  of  the  city 
engineer  a  plan  signed  by  the  commission  showing  the 
location  of  that  part  of  the  work  Avhich  it  is  about  to 
construct.  Any  such  plan  so  filed  may  be  altered  at 
any  tinu^  by  a  new  plan  signed  and  filed  in  like  manner. 


Acts,  1902.  —  Chap.  534.  451 

Section  4.  The  commission  'may  make  contracts  in  Contractg. 
the  name  of  the  city  for  the  work  lierein  authorized,  but 
all  contracts  involving  two  thousand  dollars  or  more  in 
amount  shall  be  in  writing  and  signed  b}^  a  majority  of 
the  commission  ;  and  no  such  contract  shall  be  altered 
except  by  an  instrument  in  writing  signed  by  the  con- 
tractor and  a  majority  of  the  counnission,  and  also  by 
the  sureties,  if  an}-,  on  the  bond  given  by  the  contmctor, 
for  the  completion  of  the  original  contract.  No  such 
contract  or  alteration  of  any  such  contract  shall  be  valid 
or  binding  on  the  city  unless  executed  in  the  manner 
aforesaid. 

Section  5.     AH  work  done  under   this  act  under  or  Parts  of  streets, 
near  public  streets  and  places  shall  be  conducted,  so  far  op^'eufor traffic* 
as  practicable,  in  such  manner  as  to  leave  such  streets  hfZt^^  >:ertiim 
and  places,  or  a  reasonable  part  thereof,  open  for  traffic 
between  the  hours  of  eight  in  the  forenoon  and  six  in  the 
afternoon  of  each  secular  day  except  public  holidays. 

Section  6 .     The  commission  may  for  the  purposes  of  ^^^^^^  ^aye 

Til.,  ™3y  "^  used, 

this  act  use  public  ways  and  lands  without  compensation  lands  taken, 
therefor,  and  may  take  for  the  city,  by  purchase  or 
otherwise,  lands  in  fee  and  casements,  estates,  and  rights 
in  land,  including  the  right  to  go  under  the  surface 
thereof  or  through  or  under  buildings  or  parts  of  build- 
ings thereon,  and  such  takings  in  fee  or  otherwise  may 
be  made  whether  the  lands  taken  or  otherwise  affected 
are  held  under  or  by  title  derived  under  eminent  domain 
or  otherwise.  A  taking  under  this  section  of  an  easement 
or  other  estate  or  right  in  a  given  parcel  of  real  estate, 
whether  such  parcel  consists  of  unimproved  land  or  of 
land  and  buildings,  may  be  confined  to  a  portion  or 
section  of  such  parcel  fixed  by  horizontal  planes  of 
division  below  or  above  or  at  the  surface  of  the  soil,  and 
in  such  case  no  taking  need  be  made  of  upper  or  lower 
portions  or  sections,  except  of  such  easements  therein,  if 
any,  as  the  commission  may  deem  necessary.  The  com- 
mission, to  make  any  taking  by  right  of  eminent  domain, 
shall  cause  to  be  recorded  in  the  registry  of  deeds  for  the 
county  of  Suffolk  a  description  of  the  lands,  easements, 
estates  or  rights  to  be  taken,  ascertain  as  is  re(]uircd  in  a 
common  conversance  of  land,  with  the  statement  that  the 
same  are  taken  under  authority  of  this  act,  which  descrip- 
tion and  statement  shall  be  signed  by  the  commission  ; 
and  the   lands,  casements,  estates  or  rights   therein   de- 


452 


Acts,  1902.  — Chap.  534. 


Certain  build- 
ings may  be 
removed  or 
sold,  etc. 


Damages. 


Certain  etruc- 
turcH  may  be 
removed  or 
relocated,  etc. 


scribed  shall  upon  such  recording  be  taken  for  and  shall 
vest  in  the  city.  The  commission  shall,  so  far  as  may  be 
practicable,  notify  all  known  owners  of  such  takings, 
but  the  validit}"  thereof  shall  not  be  affected  by  want  of 
such  notice. 

Section  7.  The  commission  may  sell  or  remove  the 
laiildings  from  any  and  all  lands  taken  by  it,  and  shall 
sell,  if  a  sale  be  practicable,  or  if  not  shall  lease,  any 
lands,  or  rights  or  interests  in  land  or  other  property  so 
taken,  or  purchased  for  the  purposes  of  this  act,  when- 
ever the  same  shall  in  the  opinion  of  the  commission 
cease  to  be  needed  for  such  purposes.  The  proceeds  of 
such  sales,  and  the  fair  valuation  of  any  such  lands  or 
other  propert}^  no  longer  needed  for  such  purposes  but 
not  actually  sold,  as  agreed  on  by  the  commission  and 
the  company,  or  in  case  of  difference  as  determined  by 
the  board,  shall  be  deducted  from  the  cost  of  the  tunnel 
or  the  subway,  as  the  case  may  be,  for  the  purpose  of 
ascertaining  the  rental  thereof. 

Section  8.  The  commission  shall  determine  and  award 
the  damages  sustained  hy  any  person  by  reason  of  prop- 
erty taken  or  injured  by  the  commission  under  authority 
of  this  act,  except  public  wa3^s  or  lands,  and  may  agree 
with  any  person  as  to  the  amount  to  be  paid  as  damages 
sustained  by  him  for  any  property  so  taken  or  injured, 
which  damages  the  city  shall  be  liable  to  pay.  If  such 
person  is  dissatisfied  with  such  award,  or  cannot  agree 
with  the  commission  upon  his  damages,  the  same  may  be 
determined  by  a  jury  in  the  superior  court  for  the  county 
of  Suffolk,  on  petition  therefor  of  such  person  or  of  the 
commission  against  the  city,  filed  in  the  clerk's  office 
within  one  year  after  such  property  is  so  taken  or  in- 
jured ;  and  judgment  shall  be  entered  upon  the  determina- 
tion of  such  jury  and  costs  shall  be  taxed  and  execution 
issued  in  favor  of  the  prevailing  party  as  in  civil  cases. 
The  members  of  the  commission  shall  not  be  personally 
liable  for  any  such  damage. 

Section  9.  The  commission  may  order  the  temporary 
removal  or  relocation  of  any  surface  tracks,  and  the 
temporary  or  permanent  removal  or  relocation  of  any 
conduits,  pipes,  wires,  poles  or  other  property  of  any 
person  or  corporation,  which  it  deems  to  interfere  with 
the  construction  or  operation  of  the  tunnel  or  subway, 
and  shall  grant  new  locations  for  any  such  structures  so 


Acts,  1902.  — Chap.  534.  453 


removed  or  relocated.  Such  orders,  to  the  extent  speci- 
fied therein,  shall  be  deemed  a  revocation  of  the  right  or 
license  to  maintain  such  tracks,  conduits,  pipes,  wires, 
poles  or  other  property,  and  the  owner  of  any  such 
structures  in  public  ways  or  lands  shall  comply  with  such 
orders  without  expense  to  the  city.  If  such  owner  shall 
fail  to  comply  with  the  order  of  the  commission  within  a 
reasonable  time,  to  be  fixed  in  the  order,  the  commission 
ma}^  discontinue  and  remove  such  tracks,  conduits,  pipes, 
wires,  poles  or  other  property,  and  may  relocate  the 
same,  and  the  cost  of  such  discontinuance,  removal  or 
relocation  shall  be  repaid  to  the  city  by  the  owner.  No 
such  discontinuance,  removal  or  relocation  shall  entitle 
the  owner  of  the  property  thus  affected  to  any  damages 
on  account  thereof.  An}'  such  structures  in  or  upon 
private  lands  may  be  removed  and  relocated  l)y  the 
commission,  or  if  removed  and  relocated  by  the  owner 
thereof  the  reasonable  expense  shall  be  repaid  him  by  the 
commission.  Any  gas  company  may  shut  off  the  gas  Gas  companies 
from  any  pipes  affected  by  any  acts  done  hereunder,  when  "a'^e^when"^ 
and  so  far  as  it  may  be  necessary  to  avoid  danger  of  escape  avofd*dIng*er 
or  explosion  of  gas. 

Section  10.     The  connnission  shall  within  ninety  days  contract  may 
after  the  passage  of  this  act  execute  with  the  company,  the'e^o'ltoTi'*^ 
in  the  name  of  the  city,  the  company  consenting  thereto,  ^ay  com^a^"- 
a  contract  in  writino-  for  the  sole  and  exclusive  use  of  for  the  exclusive 
the  tunnel  and  subway  and  appurtenances  for  the  period  tunnel  and  sub- 
of  twenty-iive  years  from  the  beginning  of  the  use  of  the  ^'**'®''" 
tunnel,  at  an  annual  rental  equal  to  four  and  one  half  per 
cent  of  the  net  cost  of  the  tunnel  and  subway,  respec- 
tively, for  the  running  of  trains  and  cars  therein,  and  for 
such  other  uses  and  upon  such  provisions  and  conditions, 
not  affecting  the  term  or  rental,  as  the  commission  and 
the  company  may  agree  upon,  or  in  case  of  difference,  as 
the  board  may  determine.     The  })rovisions  of  this  act,  in 
so  far  as  the}^  declare,  define  or  establish  the  terms  and 
conditions  for  the  construction,  teiuire,  maintenance  and 
operation  of  said  tunnel,  subway  and  appurtenances,  shall 
be  embodied  in  and  made  part  of  said  contract.     The  use 
of  the  tunnel  or  subway  respectively  shall  begin  when, 
in  the  opinion  of  the  commission,  a  reasonable  time  after 
completion  has  been   allowed  for  equipment.     The  net 
cost  of  the  tunnel  and  subway  respectively  shall  be  deemed 
to  include  all  expenditures  incurred  in  acquisition  and 


454 


Acts,  1902.  — Chai\  534. 


If  the  company 
hliall  execute 
the  contract  it 
may  construct 
lines  of  elevated 
railway  upon 
certain  loca- 
tions, etc. 


Necessary 
amounts  of 
stock  or  bonds 
may  be  issued, 
etc. 


construction,  including  damages,  expenses  and  salaries 
of  the  commission,  and  interest  at  three  and  one  fourth 
per  cent  per  annum  on  tlie  debt  incurred  in  construction 
prior  to  the  beginning  of  the  use.  If  the  contract  for 
the  use  of  tlie  tunnel  and  subway  is  executed  as  above 
provided  the  commission,  upon  the  acceptance  of  this  act 
by  the  voters  of  the  city  as  hereinafter  provided,  shall 
l^roceed  with  the  work  of  construction. 

Section  11.  If  the  company  shall  execute  the  con- 
tract hereinbefore  provided  for,  the  company  may,  before 
the  completion  of  the  tunnel,  construct  lines  of  elevated 
railway  according  to  such  plans  as  the  board  may  approve, 
to  be  operated  by  electricity  or  by  such  other  motive 
power  except  steam,  as  may  be  approved  by  the  board  in 
respect  of  the  locations  heretofore  granted  to  the  com- 
pany, upon  the  following  locations,  which  are  hereby 
granted  therefor,  and  may  equip,  maintain  and  operate 
engines,  motors,  trains  and  cars  thereon,  to  Avit : — (a) 
beginning  at  the  southerly  end  or  ends  of  the  tunnel, 
thence  upon  and  over  any  streets  and  public  or  private 
lands  to  the  company's  elevated  structure  now  erected  on 
or  near  Washington,  Mott  or  C^astle  street ;  (h)  beginning 
at  the  northerly  end  or  ends  of  the  tunnel,  thence  upon 
and  over  an}^  streets,  squares  and  public  or  private  lands 
to  the  company's  elevated  structure  now  ei-ected  on  or 
near  Causeway  street ;  and  (c),  such  other  locations  as 
may  in  the  opinion  of  the  board  be  necessary  or  conven- 
ient to  connect  the  tunnel  with  the  elevated  structures  of 
the  company.  For  the  purposes  of  this  act,  including  all 
cijuipment  or  other  expenditure  by  the  company  thereby 
recjuired  or  authorized,  the  comi)any  may  issue  such 
amounts  of  its  stock  or  bonds,  or  of  each,  as  may  be 
necessary  therefor,  subject  to  all  laws  applicable  to  such 
issue  ;  and  it  shall  have  all  the  rights  and  powers,  and  be 
subject  to  all  the  restrictions,  liabilities  and  obligations 
conferred  or  imposed  by  sections  eight,  nine,  eleven, 
twelve  and  fifteen  of  chapter  five  hundred  and  forty-eight 
of  the  acts  of  the  year  eighteen  hundred  and  ninety-four, 
and  sections  seven,  eight,  nine  and  twenty-one  of  chapter 
five  hundred  of  the  acts  of  the  year  eighteen  hundred  and 
ninety-seven.  The  locations  granted  by  this  section  in, 
upon  or  over  public  Avays  or  lands  shall  be  held  by  the 
company  or  its  assigns  so  long  as  it  or  they  have  the  use 
of  the  tunnel. 


Acts,  1902.  — Chap.  534:.  455 

Section   12.     Upon  the  completion  of  the  tunnel  and  pj^^on'^oVthe' 
appurtenances  and  ui)on  notification  as  hereinbefore  pro-  tunnel  etc., 

i  i  i  •  1  1  •  1    elevated  trams 

vided,  the  company  shall  remove  its  elevated  trains  and  and  cars  ehaii 
cars  from  the  existing  subway  ;  and  thereupon  any  alter-  from  existini? 
ations  therein  or  in  the  approaches  thereto  necessaiy  to  *"  ^*^' 
re-adapt  it  to  the  use  of  surface  cars  shall  be  made  by  the 
commission,  and  the  expense  thereof  shall  be  deemed  part 
of  the  cost  of  the  tunnel.  The  tunnel  during  the  term 
of  the  contract  hereinbefore  provided  for  shall  be  and  be 
considered  a  part  of  the  elevated  raihvay  operated  b}^  the 
company  ;  and  the  board,  subject  to  the  provisions  of  the 
contract,  shall  have  and  exercise  the  same  power  and  con- 
trol over  the  same  in  all  respects  that  are  conferred  upon 
the  board  as  to  the  elevated  structure  by  chapter  five  hun- 
dred and  forty-eight  of  the  acts  of  the  year  eighteen  hun- 
dred and  ninety-four,  chapter  five  hundred  of  the  acts  of 
the  year  eighteen  hundred  and  ninety-seven  and  by  other 
laws  in  addition  thereto.  The  company,  upon  removal 
of  its  elevated  trains  from  the  existing  subway,  may  dis- 
continue the  use  of  its  elevated  structures  and  locations 
connecting  its  elevated  road  therewith,  and  may  sell  any 
lands  or  other  property  acquired  for  the  purposes  of  such 
connection,  applying  all  proceeds  thereof  to  proper  cor- 
porate uses  ;  and  such  discontinuance  or  sale  shall  not  be 
deemed  to  impair  the  capital  of  the  company. 

Section  13.     Upon  the  determination  by  the  commis-  company  may 
sion  of  any  important  question  arising  in  the  course  of  the  revision  of  the 
work  herein  provided  for,  upon  which  the  company  has  of  c^e'tTahf '°" 
previously  requested  a  hearing,   except  an  award  of  or  questions. 
agreement  upon  damages  as   provided   in   section   eight 
hereof,  the  company  may  within  three  days  after  notice 
of  such  determination  apply  to  the  board  for  a  revision 
of  the  same,  and  thereupon  the  board  may  consider  and 
finally  determine  such  question. 

Section  14.     At  any  time  after  the  expiration  of  one  After  one  year 
year  from  the  completion  of  the  subway  the  board  may  pieuon'^ofTi™' 
order  such  surface  tracks,  together  with  the  poles  and  gurf'^ce  tTa'c'ks' 
wires  used  for  the  operation  of  cars  thereon,  to  be  re-  poics, etc.  may 

i  ,  '  be  removed, 

moved  from  any  part  of  Uashington  street  between  etc. 
Broadway  and  Adams  scjuare,  except  tracks  crossing  said 
street,  as  in  its  opinion  have  been  rendered  unnecessar}" 
by  the  construction  of  such  subway.  Such  order  of  the 
))oard  shall  be  deemed  a  revocation  of  all  rights  or  loca- 
tions to  occupy  for  street  railway  })urposes  the  street  or 


456  Acts,  1902.  — Chap.  5U. 


part  thereof  ineluded  in  the  order ;    and  surface  tracks 
shall  not  thereafter  be  laid  or  maintained  thereon.     Noth- 
ing in  this  section  contained  shall  be  construed  as  affect- 
ing any  existing  power  to  revoke  locations  on  said  street 
or  any  part  thereof  as  provided  by  law. 
troioffubway        SECTION   15.     Tlic  usc  and  control  of  the  subway,  if 
certain'righfe!''  ^cquircd  by  the  company,  shall  be  subject  to  the  rights, 
if  any,   which  the  West  End  Street  Railway  Company 
may  have  under  the  provisions  of  article  two  of  its  lease 
to  the  company,  dated  December  ninth,  eighteen  hundred 
and  ninety-seven,  or  otherwise. 
Tnd  subwT^'        Section  16.     The  treasurer  of  the  city  shall  from  time 
Loan.  to  time,  on  request  of  the  commission,  issue  and  sell  at 

public  or  private  sale,  the  bonds  of  the  city,  registered 
or  with  interest  coupons  attached,  as  he  may  deem  best, 
to  an  amount  not  exceeding  the  cost  of  the  tunnel  and 
subway  herein  provided  for.  Such  bonds  shall  be  desig- 
nated on  their  face,  Boston  Tunnel  and  Subway  Loan, 
shall  be  for  such  terms,  not  exceeding  fifty  years,  as  the 
mayor  and  treasurer  of  said  city  may  determine,  and  shall 
bear  interest  payable  semi-annually  at  such  rate  not  ex- 
ceeding four  per  cent  per  annum,  as  the  treasurer  shall 
determine.  The  debts  incurred  by  the  city  from  time  to 
time  under  the  provisions  of  this  act  shall  not  be  included 
in  determining  the  limit  of  indebtedness  of  the  city  as 
established  by  law,  and  the  proceeds  of  such  bonds  shall 
be  used  to  meet  all  damages,  costs  and  expenses  incurred 
by  the  commission  or  the  city  in  carrying  out  the  pro- 
sinkingfund,  visious  of  this  act.  The  board  of  commissioners  of  sink- 
ing funds  shall  establish  a  sinking  fund  for  the  payment 
of  the  bonds  issued  under  this  act.  All  premiums  re- 
ceived from  the  sale  thereof  shall  be  paid  into  the  sinking 
fund.  All  rents,  tolls,  percentages  or  other  annual  com- 
pensation received  by  the  city  for  any  use  of  the  tunnel 
or  subway  under  this  act,  or  for  any  use  of  any  lands  or 
rights  taken  under  authority  of  this  act,  shall  annually  be 
used  by  the  treasurer,  —  first,  to  meet  the  requirements 
of  and  any  deficiency  in  the  sinking  fund, — second,  to 
meet  the  interest  on  the  bonds,  and  the  surplus,  if  any, 
as  a  part  of  the  general  revenue  of  the  city.  The  pro- 
ceeds from  any  sale  of  lands  or  rights  taken  by  purchase 
or  otherwise  under  authority  of  this  act  shall  be  paid  into 
the  sinking  fund,  or  shall  be  used  for  construction,  as  the 
commission  may  determine. 


Acts,  1902.  — Chap.  534.  457 

Section  17.     The  term  of  office  of  the  commission  is  Tem  of  office 
hereb}^  extended  to  the  first  day  of  July  in  the  year  nine-  transit  commis- 
teen  hundred  and  six.     The  provisions  of  section  t^vo  of  ^»°" *^^^'ended, 
chapter  three  liundred  and  seventy-five  of  the  acts  of  tlie 
year  eighteen  hundred  and  ninety-nine  shall  remain  in 
force   during  said   extended   term.     If  the   term  of  the 
commission,  as  hereb}^  or  as  hereafter  extended,  expires 
before  the  completion  of  the  work  herein  })rovided  for, 
the  city  shall  have  all  the  rights,  powers  and  privileges, 
and  be  subject  to  all  the  duties,  restrictions  and  liabilities, 
hereby  conferred  or  imposed  upon  the  commission  in  re- 
spect thereof,  such  powers  to  be  exercised  by  the  mayor, 
city  engineer  and  city  treasurer  in   place  of  the  commis- 
sion, or  by  such  other  officers  as  the  city  council  may 
prescribe.     If  this  act  is  not  accepted  by  a  majority  of 
the  voters  of  the  city,  as  hereinafter  provided,  the  term 
of  office  of  the  commission  shall  be  extended  only  to  the 
first  day  of  July  in  the  year  nineteen  hundred  and  four. 
The  members  of  the  commission  for  the  extended  term  Members  of 
provided  for  in  this  act  shall  be  apj^ointed  by  the  gov-  ext^^ded  terml^ 
ernor  and  the  mayor  of  the  city  in  the  manner  provided  appointment, 
in  section  twenty-three  of  chapter  five  hundred  and  forty- 
eight  of  the  acts  of  the  year  eighteen  hundred  and  ninety- 
four.     Said  appointments  shall  be  for  the  term  of  two 
years. 

Section    18.     The    supreme    judicial    court    and    the  Enforcement, 
superior  court,  upon  application  of  any  party  in  interest,  visions.^"^"' 
including  the  city  or  any  ten  taxable  inhabitants  thereof, 
may  enforce  or  prevent  violation  of  the  provisions  of  this 
act  by  any  appropriate  process. 

Section  19.     If  the  contract  for  the  use  of  the  tunnel  ^uteVfor' 
and  subway  is  executed  by  the  commission  and  the  com-  acceptance  to 
pany  as  hereinbefore  provided,  this  act  shall  be  submitted  municipal eiec- 
for  acceptance  to  the  voters  of  the  city  at  the  next  munic-  *  °'  ®  *'• 
ipal  election,  and  if  accepted  by  a  majority  of  those  vot- 
ing thereon  at  such  election  it  shall  thereupon  take  full 
efiect.     The  city  shall  have,  hold  and  enjoy  in  its  private 
or  proprietary  capacity,  for  its  own  property,  the  existing 
subway,  the  East  Boston  tunnel,  the  Cambridge  street 
subway  and  the  tunnel  and  subway  built  under  this  act, 
and  all  rents,  tolls,  income  and  profits  ti'om  all  contracts 
heretofore  or  hereafter  entered  into  for  the  use  of  said 
subways  or  tunnels  or  any  part  thereof,  and  the  same 
shall  never  be  taken    by  the  C'ommonwealth  except  on 


458  Acts,  1902.  — Chap.  535. 

Proviso.  payment  of  just  compensation  :  provided,  however^  that 

so  much  of  such  rents,  tolls,  income  and  profits  as  may 
be  necessary  therefor  shall  be  paid  into  the  respective 
sinking  funds  for  the  redemption  of  said  bonds  and  used 
for  the  payment  of  the  interest  thereon. 

effect!  *°*"^^  Section  20.  For  the  purposes  of  the  preliminary 
work  authorized  by  section  two  hereof,  the  payment  of 
the  expense  of  the  same,  the  extension  of  the  term  of 
office  of  the  commission  and  its  powers  to  the  first  day 
of  »7uly  in  the  year  nineteen  hundred  and  foiu*,  the  ap- 
pointment of  the  members  thereof,  and  the  execution  of 
the  contract  provided  for  by  section  ten,  and  the  submis- 
sion of  this  act  to  the  voters  as  hereinbefore  provided, 
this  act  shall  take  eft'ect  upon  its  passage. 

Approved  June  27,  1902. 

Chcip.535  -A-x  Act  relative  to  protecting  the  purity  of  water  by  the 

METROPOLITAN   WATER   AND   SEWERAGE   BOARD. 

Be  it  enacted,  etc.,  as  folio ivs  : 

and^reguiiuons  SECTION  1.  The  metropolitan  water  and  sewerage 
enfo°ced  until  tto^rd  sliall  uot  in  the  case  of  any  manufacturing  plant  or 
certain  works     tannery  now  in  operation  upon  the  watershed  of  the  south 

are  conetructed.  i"      /.      i        -vr      i  •  •        i  •       /-ii- 

branch  oi  the  JVashua  river  above  the  mam  dam  in  Clin- 
ton enforce  the  rules  and  regulations  made  by  the  state 
board  of  health  under  the  provisions  of  chapter  four  hun- 
dred and  eighty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  ninety-five,  and  acts  in  amendment  thereof 
and  in  addition  thereto,  until  said  board  has  constructed 
works  for  the  removal  or  purification  of  manufacturing 
refuse  or  polluting  liquid  incident  to  or  resulting  from 
the  processes  of  such  manufacturing  plant  or  tarmery  : 
provided,  that  the  owner  of  such  manufacturing  plant 
or  tannery  consents,  without  charge  therefor,  to  the  con- 
struction of  suitable  works  u})on  his  land  and  within  his 
!)uildings  so  far  as  such  works  can  be  constructed  thereon 
or  therein.  The  amount  paid  for  such  works  shall  be 
considered  as  a  part  of  the  expense  of  construction  of  the 
metropolitan  water  works,  and  such  works  shall  be  main- 
tained and  operated  as  a  part  of  said  water  works. 

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

Approved  June  27,  1902. 


Proviso. 


Acts,  1902.  — Chap.  536.  459 


An  Act  to  apportion  and  assess  a  state  tax  of  onk  million  Q^ian  536 

FIVE   HUNDRED   THOUSAND   DOLLARS. 

Be  it  enacted,  etc.,  as  follows  : 

Section   1.      Each  city   and    toAvn    in    this   Common-  state  tax 
wealth  shall  be  assessed  and  pay  the  sum  with  which  it  an^'assess^d. 
stands  charged  in  the  following  schedule,  that  is  to  say  :  — 

Abingtou,  thirteen  hundred  and  twenty  dollars. 

Acton,  nine  hundred  and  thirty  dollars. 

Acushnet,  three  hundred  and  forty-five  dollars. 

Adams,  twenty-six  hundred  and  seventy  dollars. 

Agawam,  seven  hundred  and  sixty-five  dollars. 

Alford,  ninety  dollars. 

Amesbury,  twenty-eight  hundred  and  five  dollars. 

Amherst,  sixteen  hundred  and  eighty  dollars. 

Andover,  twenty-seven  hundred  and  thirty  dollars. 

Arlington,  forty-four  hundred  and  forty  dollars. 

Ashburnham,  four  hundred  and  ninety-five  dollars.         , 

Ashby,  three  hundred  and  thirty  dollars. 

Ashfield,  two  hundred  and  eighty-five  dollars. 

Ashland,  five  hundred  and  forty  dollars. 

Athol,  twenty-two  hundred  and  twenty  dollars. 

Attleborough,  thirty-six  hundred  and  thirty  dollars. 

Auburn,  three  hundred  and  forty-five  dollars. 

Avon,  four  hundred  and  fifty  dollars. 

Ayer,  eight  hundred  and  ten  dollars. 

Barnstable,  twenty-two  hundred  and  twenty  dollars. 

Barre,  seven  hundred  and  eighty  dollars. 

Becket,  two  hundred  and  seventy  dollars. 

Bedford,  five  hundred  and  fifty-five  dollars. 

Belchertowu.  four  hundred  and  eighty  dollars. 

Bellingham,  three  hundred  and  ninety  dollars. 

Belmont,  tw^enty-seven  hundred  and  thirty  dollars. 

Berkle}',  two  hundred  and  twenty-five  dollars. 

Berlin,  two  hundred  and  seventy  dollars. 

Bernardston.  two  hundred  and  twenty-five  dollars. 

Beverly,  eighty-two  hundred  and  sixty-five  dollars. 

Billerica,  eleven  hundred  and  eighty-live  dollars. 

Blackstone,  fourteen  hundred  and  ten  dollars. 

Blandford,  two  hundred  and  forty  dollars. 

Bolton,  two  hundred  and  fifty-five  dollars. 

Boston,  five  hundred  forty-one  thousand  nine  hundred  and 

twenty  dollars. 
Bourne,  eleven  hundred  and  forty  dollars. 
Boxborough,  one  hundred  and  twent}'  dollars. 
Boxford,  three  hundred  and  ninety  dollars. 
Bovlston,  two  hundred  and  fifty-five  dollai's. 


460  Acts,  1902.  — Chap.  536. 

a^'ortfoned  Braintree,  twenty-four  hundred  and  sixty  dollars, 

and  aeee^ped.  Brewster,  three  hundred  dollars. 

Bridgewater,  thirteen  hundred  and  ninety-five  dollars. 

Brimfield,  two  hundred  and  twenty-five  dollars. 

Brockton,  fourteen  thousand  four  hundred  dollars. 

Brookfield,  seven  hundred  and  sixty-five  dollars. 

Brookline,  forty  thousand  eight  hundred  and  fifteen  dollars. 

Bucklaud,  three  hundred  and  fifteen  dollars. 

Burlington,  two  hundred  and  eighty-five  dollars. 

Cambridge,  forty-seven  thousand  eight  hundred  and  twenty 
doUai's. 

Canton,  twenty-two  hundred  and  five  dollars. 

Carlisle,  one  hundred  and  ninety-five  dollars. 

Cai'ver,  four  hundred  and  sixt3'-five  dollars. 

Charlemont,  one  hundred  and  ninet3'-five  dollars. 

Charlton,  five  hundred  and  ten  dollars. 

Chatham,  four  hundred  and  ninety-five  dollars. 

Chelmsford,  twelve  hundred  and  ninety  dollars. 

Chelsea,  twelve  thousand  and  thirty  dollars. 

Cheshire,  three  hundred  and  sixty  dollars. 

Chester,  four  hundred  and  five  dollars. 

Chesterfield,  one  hundred  and  fifty  dollars. 

Chicopee,  five  thousand  and  ten  dollars. 

Chilmark,  one  hundred  and  twenty  dollars. 

Clarksburg,  one  hundred  and  fift}'  dollars. 

Clinton,  thirty-nine  hundred  and  seventy-five  dollars. 

Cohasset,  twenty-nine  hundred  and  ten  dollars. 

Colrain,  three  hundred  and  forty-five  dollars. 

Concord,  twenty-five  hundred  and  sixty-five  dollars. 

Conway,  three  hundred  and  sixty  dollars. 

Cottage  City,  seven  hundred  and  eighty  dollars. 

Cummington,  one  hundred  and  sixty-five  dollars. 

Dalton,  fourteen  hundred  and  seventy  dollars. 

Dana,  one  hundred  and  ninety-five  dollars. 

Danvers,  twenty-seven  hundred  and  fifteen  dollars. 

Dartmouth,  fourteen  hundred  and  twenty-five  dollars. 

Dedham,  forty-four  hundred  and  seventy  dollars. 

Deerfield,  seven  hundred  and  five  dollars. 

Dennis,  six  hundred  and  thirty  dollars. 

Dighton,  four  hundred  and  thirty-five  dollars. 

Douglas,  five  hundred  and  fifty-five  dollars. 

Dover,  four  hundred  and  eight}'  dollars. 

Dracnt,  ten  hundred  and  twenty  dollars. 

Dudley,  six  hundred  and  thirty  doUai's. 

Dunstable,  one  hundred  and  sixty-five  dollars. 

Duxbury,  eight  hundred  and  fifty-five  dollars. 

East  Bridgewater,  eigiit  hundred  and  seventy  dollars. 

East  Longmeadow,  two  hundred  and  seventy  dollars. 

Eastham,  one  hundred  and  sixty-five  dollars. 

Easthampton,  fifteen  hundrecl  and  sixty  dollars. 


Acts,  1902.  — Chap.  536.  461 

Easton,  twenty-six  hundred  and  fifty-five  dollars.  state  tai 

p:dgartovvn,  four  hundred  and  five  dollars.  aK^eL^  ' 

Egremont,  two  hundred  and  forty  dollars. 

Enfield,  four  hundred  and  thirty-five  dollars. 

Erving,  two  hundred  and  twenty-five  dollars. 

Essex,  five  hundred  and  fifty-five  dollars. 

Everett,  ninety-two  hundred  and  fifty-five  dollars. 

Fairhaven,  twelve  hundred  and  sixty  dollars. 

Fall  River,  thirty-seven  thousand  four  hundred  and  ten  dollars. 

Falmouth,  thirty-seven  hundred  and  eighty  dollars. 

Fitchburg,  twelve  thousand  four  hundred  and  sixty-five  dol- 
lars. 

Florida,  ninety  dollars. 

Foxborough,  ten  hundred  and  sixty-five  dollars. 

Framingham,  forty-nine  hundred  and  ninety-five  dollars. 

Franklin,  seventeen  hundred  and  ten  dollars. 

Freetown,  four  hundred  and  sixty-five  dollars. 

Gardner,  twenty-nine  hundred  and  twenty-five  dollars. 

Gay  Head,  fifteen  dollars. 

Georgetown,  five  hundred  and  forty  dollars. 

Gill,  two  hundred  and  fifty-five  dollars. 

Gloucester,  eighty-five  hundred  and  five  dollars. 

Goshen,  seventy-five  dollars. 

Gosnold,  one  hundred  and  five  dollars. 

Grafton,  thirteen  hundred  and  twenty  dollars. 

Granby,  two  hundred  and  forty  dollars. 

Granville,  one  hundred  and  ninety-five  dollars. 

Great  Barrington,  twenty-one  hundred  and  seventy-five  dol- 
lars. 

Greenfield,  thirty-three  hundred  and  thirty  dollars. 

Greenwich,  one  hundred  and  thirty-five  dollars. 

Groton,  fifteen  hundred  dollars. 

Groveland,  five  hundred  and  forty  dollars. 

Hadley,  five  hundred  and  forty  dollars. 

Halifax,  one  hundred  and  fifty  dollars. 

Hamilton,  twelve  hundred  and  thirty  dollars. 

Hampden,  two  hundred  and  ten  dollars. 

Hancock,  one  hundred  and  fifty  dollars. 

Hanover,  six  hundred  and  ninety  dollars. 

Hanson,  three  hundred  and  seventy-five  dollars. 

Hardwick,  eight  hundred  and  twenty-five  dollars. 

Harvard,  five  hundred  and  forty  dollars. 

Harwich,  six  jiundred  and  forty-five  dollars. 

Hatfield,  five  hundred  and  eighty-five  dollars. 

Haverhill,  thirteen  thousand  seven  hundred  and  twenty-five 
dollars. 

Hawley,  ninety  dollars. 

Heath,  ninety  dollars. 

Hingham,  twenty-two  hundred  and  ninety-five  dollars. 

Hinsdale,  three  hundred  and  forty-five  dollars. 


402  Acts,  1902.  — Chap.  5136. 

a>.port?oned  Holbrook,  seveii  hundred  and  twenty  dollars, 

andaeeeesed.  Holden,  six  hundred  and  seventy-five  dollars. 

Holland,  forty-tive  dollars. 

HoUiston,  seven  hundred  and  ninety-five  dollars. 

Holyoke,  twenty  thousand  three  huudred  and  twenty-five  dol- 
lars. 

Hopedale,  twenty-two  hundred  and  sixty-five  dollars. 

Ho|)kinton,  nine  hundred  and  fifteen  dollars. 

Hubbardston,  three  hundred  and  forty-live  dollars. 

Hudson,  seventeen  hundred  and  ten  dollars. 

Hull,  eighteen  hundred  dollars. 

Huntington,  two  hundred  and  eighty-five  dollars. 

Hyde  Park,  fifty-two  hundred  and  sixty-five  dollars. 

Ipswich,  sixteen  hundred  and  fifty  dollars. 

Kingston,  eight  hundred  and  twenty-five  dollars. 

Lakeville,  three  hundred  dollars. 

Lancaster,  fifteen  hundred  and  ninety  dollars. 

Lanesborough,  two  hundred  and  forty  dollars. 

Lawrence,  twenty  thousand  four  hundred  and  forty-five  dol- 
lars. 

Lee,  nine  hundred  and  seventy-five  dollars. 

Leicester,  fourteen  hundred  and  forty  dollars, 

Lenox,  seventeen  hundred  and  eighty-five  dollars. 

Leominster,  thirty-nine  hundred  and  thirty  dollars. 

Leverett,  one  hundred  and  fifty  dollar's. 

Lexington,  twenty-seven  hundred  dollars. 

Leyden,  one  hundred  and  five  dollars. 

Lincoln,  eleven  hundred  and  seventy  dollars. 

Littleton,  four  hundred  and  eighty  dollars. 

Longmeadow,  four  hundred  and  ninety-five  dollars. 

Lowell,  thirty-seven  thousand  five  hundred  and  sixty  dollars. 

Ludlow,  eight  hundred  and  tw:enty-five  dollars. 

Lunenburg,  four  hundred  and  sixty-five  dollars. 

Lynn,  twenty-six  thousand  three  hundred  and  fifty-five  dol- 
lars. 

Lynnfield,  three  hundred  and  forty-five  dollars. 

Maiden,  fifteen  thousand  three  hundred  and  ninety  dollars. 

Manchester,  forty-seven  hundred  and  ten  dollars. 

Mansfield,  ten  hundred  and  fifty  dollars. 

Marblehead,  thirty-three  hundred  and  forty-five  dollars. 

Marion,  six  hundred  and  sevent^'-five  dollars. 

Marlborough,  forty-seven  hundred  and  seventy  dollars. 

Marshfield,  seven  hundred  and  five  dollars. 

Mashpee,  ninety  dollars. 

Mattapoisett,  eight  hundred  and  ten  dollars. 

Maynard,  ten  hundred  and  sixty-five  dollars. 

Medfield,  seven  hundred  and  ninety-five  dollars. 

Medford,  ten  thousand  and  five  dollars. 

Medway,  seven  hundred  and  thirty-five  dollars. 

Melrose,  sixty-three  hundred  and  seventy-five  dollars. 


Acts,  1902.  — Chap.  536.  463 

Mendon,  two  hundred  and  eighty-five  dollars.  state  tax 

3Ierrinuic,  six  hundred  and  ninety  dollars.  ansa's" essed. 

Methueu,  twenty-five  hundred  and  five  dollars. 

Middleborough,  twenty-two  huntlred  and  five  dollars. 

Middlefield,  one  lumdred  and  five  dollars. 

Middleton,  two  hundred  and  eighty-five  dollars. 

Milford,  thirty-one  hundred  and  five  dollars. 

Millbury,  eleven  hundred  and  seventy  dollars. 

Millis,  three  hundred  and  forty-five  dollars. 

Milton,  eleven  thousand  one  hundred  and  fifteen  dollars. 

Monroe,  seventy-five  dollars. 

Monson,  ten  hundred  and  ihirty-five  dollars. 

Montague,  eighteen  hundred  and  ninety  dollars. 

Monterey,  one  hundred  and  twenty  dollars. 

Montgomery,  seventy-five  dollars. 

Mount  Washington,  forty-five  dollars. 

Nahant,  thirtj^-two  hundred  and  twenty-five  dollars. 

Nantucket,  sixteen  hundred  and  fifty  dollars. 

Natick,  thirty-two  hundred  and  forty  dollars. 

Needham,  seventeen  hundred  and  fifty-five  dollars. 

New  Ashford,  thirty  dollars. 

New  Bedford,  twenty-nine  thousand  seven  hundred  and  thirty 
dollai's. 

New  Braintree,  two  hundred  and  twenty-five  dollars. 

New  Marlborough,  tin-ee  hundred  dollars. 

New  Salem,  one  hundred  and  sixty-five  dollars. 

Newbury,  five  hundred  and  eighty-five  dollars. 

Newburyport,  fifty-five  hundred  and  five  dollars. 

Newton,  twent^'-nine  thousand  seven  hundred  and  sixty  dol- 
lars. 

Norfolk,  three  hundred  dollars. 

North  Adams,  seven  thousand  and  five  dollars. 

North  Andover,  twenty-three  hundred  and  seventy  dollars. 

North  Attleborough,  two  thousand  and  eighty-five  dollars. 

North  Brookfield,  ten  hundred  and  eighty  dollars. 

North  Reading,  two  hundred  and  eighty-five  dollars. 

Northampton,  sixty-two  hundred  and  seventy  dollars. 

Northborough,  six  hundred  and  ninety  dollars. 

Northbridge,  twenty-three  hundred  and  ten  dollars. 

Northfield,  five  hundred  and  twenty-five  dollars. 

Norton,  four  hundred  and  eighty  dollars. 

Norwell,  five  hundred  and  ten  dollars 

Norvrood,  twenty-two  hundred  and  eighty  dollars. 

Oakham,  one  hundred  and  sixty-five  dollars. 

Orange,  seventeen  hundred  and  forty  dollars. 

Orleans,  three  hundred  and  thirty  dollars. 

Otis,  one  hundred  and  twenty  dollars. 

Oxford,  seven  hundred  and  ninety-five  dollai's. 

Palmer,  fifteen  hundred  and  seventy-five  dollars. 

Paxton,  one  hundred  and  fifty  dollars. 


46tt  Acts,  1902.  — Chap.  536. 

apporuoued  Peabody,  forty-two  hundred  and  sixty  dollars. 

aud  asBessed.  Pelhum,  One  hundred  and  live  dollars. 

Pembroke,  three  hundred  and  thirty  dollars. 

Pepperell,  twelve  hundred  aud  thirty  dollars. 

Peru,  sixty  dollars. 

Petersham,  three  hundred  and  fifteen  dollars. 

Phillipston,  one  hundred  and  fifty  dollars. 

Pittsfield,  eight  thousand  and  twenty-five  dollars. 

Plainfield,  ninety  dollars. 

Plymouth,  four  thousand  and  fifty  dollars. 

Plympton,  one  hundred  aud  sixty-five  dollars. 

Preseott,  ninety  dollars. 

Princeton,  four  hundred  and  thirty-five  dollars. 

Provincetown,.  ten  hundred  and  five  dollars. 

Quincy,  ten  thousand  one  hundred  aud  fifty-five  dollars. 

Randolph,  eleven  hundred  and  seventy  dollars. 

Rayuham,  four  hundred  and  thirty-five  dollars. 

Reading,  twenty-two  hundred  and  eighty  dollars. 

Rehoboth,  four  hundred  and  five  dollars. 

Revere,  forty-nine  hundred  and  eighty  dollars. 

Richmond,  one  hundred  and  eighty  dollars. 

Rochester,  two  hundred  and  seventy  dollars. 

Rockland,  sixteen  hundred  and  ninety-five  dollars. 

Rockport,  fourteen  hundred  and  forty  dollars. 

Rowe,  one  hundred  and  thirty-five  dollars. 

Rowley,  three  hundred  and  seventy-five  dollars. 

Royalston,  two  hundred  and  eighty-five  dollars. 

Russell,  two  hundred  and  forty  dollars. 

Rutland,  three  hundred  dollars. 

Salem,  fourteen  thousand  seven  hundred  and  thirty  dollars. 

Salisbury,  three  hundred  and  seventy-five  dollars. 

Sandisfield,  one  hundred  and  sixty-five  dollars. 

Sandwich,  five  hundred  and  ten  dollars. 

Saugus,  eighteen  hundred  and  thirty  dollars. 

Savoy,  ninety  dollars. 

Scituate,  twelve  hundred  and  ninety  dollars. 

Seekonk,  four  hundred  and  ninety-five  dollars. 

Sharon,  nine  hundred  and  thirty  dollars. 

Sheffield,  four  hundred  and  sixty-five  dollars. 

Shelburne,  four  hundred  and  eighty  dollars. 

Sherborn,  four  hundred  and  twenty  dollars. 

Shirley,  four  hundred  and  fifty  dollars. 

Shrewsbury,  six  liundred  and  thirty  dollars. 

Shutesbury,  ninety  dollars. 

Somerset,  five  hundred  and  seventy  dollars. 

Somerville,  twenty-six  thousand  two  hundred  and  fifty  dol- 
lars. 

South  Hadley,  fourteen  hundred  and  ten  dollars. 

Southampton,  two  hundred  and  fifty-five  dollars. 

Southborough,  eight  hundred  aud  seventy  dollars. 


Acts,  1902.  — Chap.  536.  ^^65 

Southbridge,  twenty-four  hundred  dollars.  state  tax 

Southwick,  two  hundred  and  seventy  dollars.  Ind°a8Be8Bed. 

Spencer,  two  thousand  and  twenty-five  dollars. 
Springfield,  thirty-seven  thousand  one  hundred  and  seventy 

dollars. 
Sterling,  four  hundred  and  sixty-five  dollars. 
Stockbridge,  seventeen  hundred  and  forty  dollars. 
Stoneham,  twenty-five  hundred  and  ninety-five  dollars. 
Stoughton,  sixteen  hundred  and  twenty  dollars. 
Stow,  four  hundred  and  five  dollars. 
Sturbridge,  four  hundred  and  ninety-five  dollars. 
Sudbury,  six  hundred  and  thirty  dollars. 
Sunderland,  two  hundred  and  forty  dollars. 
Sutton,  six  hundred  and  thirty  dollars. 
Swampscott,  three  thousand  and  fifteen  dollars. 
Swansea,  five  hundred  and  twentj^-five  dollars. 
Taunton,  eleven  thousand  four  hundred  dollars. 
Templeton,  seven  hundred  and  eighty  dollars. 
Tewksbury,  nine  hundred  and  seventy-five  dollars. 
Tisbury,  four  hundred  and  ninety-five  dollars. 
Tolland,  seventy-five  dollars. 
Topsfield,  four  hundred  and  sixty-five  dollars. 
Townsend,  six  hundred  and  fifteen  dollars. 
Truro,  one  hundred  and  ninety-five  dollars. 
Tyngsborough,  two  hundred  and  fifty-five  dollars. 
Tyringham,  one  hundred  and  twenty  dollars. 
Upton,  six  hundred  and  seventy-five  dollars. 
Uxbridge,  eleven  hundred  and  eighty-five  dollars. 
Wakefield,  thirty-nine  hundred  dollars. 
"Wales,  one  hundred  and  fifty  dollars. 
Walpole,  thirteen  hundred  and  thirty-five  dollars. 
Walthaui,  ten  thousand  three  hundred  and  thirty-five  dollars. 
Wai-e,  two  thousand  two  hundred  and  eighty  dollars. 
Wareham,  thirteen  hundred  and  twenty  dollars. 
Warren,  ten  hundred  and  thirty-five  dollars. 
Warwick,  one  hundred  and  eighty  dollars. 
Washington,  one  hundred  and  twenty  dollars. 
Watertown,  fifty-five  hundred  and  twenty  dollars. 
Wayland,  nine  hundred  dollars. 
Webster,  twenty-nine  hundred  and  fifty-five  dollars. 
Wellesley,  forty-five  hundred  and  seventy-five  dollars. 
Wellfleet,  four  hundred  and  five  dollars. 
Wendell,  one  hundred  and  twenty  dollars. 
Wenham,  five  hundred  and  twenty-five  dollars. 
West  BoylstoM,  five  hundred  and  ten  dollars. 
West  Bridgewater,  six  hundred  and  thirty  dollars. 
West  Brookfield,  four  hundred  and  twenty  dollars. 
West  Newbury,  four  hundred  and  eighty  dollars. 
West  Springfield,  twenty-six  hundred  and  forty  dollars. 
West  Stockbridge,  two  hundred  and  seventy  dollars. 


466 


Acts,  1902.  — Chap.  536. 


State  tax 
apportioned 
and  assessed. 


West  Tisbury,  two  hundred  and  ten  dollars. 
Westborough,  fifteen  hundred  and  sixty  dollars. 
Westfield,  forty-three  hundred  and  sixty-five  dollars. 
Westford,  seven  hundred  and  sixty-live  dollars. 
Westhampton,  one  hundred  and  twenty  dollars. 
Westminster,  four  hundred  and  five  dollars. 
Weston,  twenty-five  hundred  and  fifty  dollars. 
Westport,  eight  hundred  and  forty  dollars. 
Westwood,  six  hundred  and  thirty  dollars. 
Weymouth,  thirty-four  hundred  and  ninety-five  dollars. 
Whately,  two  hundred  and  forty  dollars. 
Whitman,  nineteen  hundred. and  twenty  dollars. 
Wilbraham,  four  hundred  and  twenty  dollars. 
Williamsburg,  four  hundred  and  eighty  dollars. 
Williamstown,  thirteen  hundred  and  fifty  dollars. 
Wilmington,  five  hundred  and  forty  dollars. 
Winchendon,  thirteen  hundred  and  ninety-five  dollars. 
Winchester,  forty-four  hundred  and  ten  dollars. 
Windsor,  one  hundred  and  five  dollars. 
Winthrop,  thirty-three  hundred  and  thirty  dollars. 
Woburn,  fifty-three  hundred  and  eighty-five  dollars. 
Worcester,  fifty-nine  thousand  one  hundred  and  forty-five  dol- 
lars. 
Worthington,  one  hundred  aud  fifty  dollars. 
Wrentham,  seven  hundred  and  ninety-five  dollars. 
Yarmouth,  nine  hundred  and  sixty  dollars. 


Treasurer  to 
issue  warrant. 


Payment  of 
aeeessments. 


Section  2 .  The  treasurer  of  the  Commonwealth  shall 
forthwith  send  his  warrant,  directed  to  the  selectmen  or 
assessors  of  each  city  or  town  taxed  as  aforesaid,  requir- 
ing them  respectively  to  assess  the  sum  so  charged, 
according  to  the  provisions  of  section  thirty-four  of  chap- 
ter twelve  of  the  Revised  Laws,  and  to  add  the  amount 
of  such  tax  to  the  amount  of  town  and  county  taxes  to 
be  assessed  by  them  respectively  on  each  city  and  town. 

Section  3.  The  treasurer  of  the  Commonwealth  in 
his  warrant  shall  require  the  said  selectmen  or  assessors 
to  pay,  or  issue  severally  their  Avarrant  or  warrants  re- 
quiring the  treasurers  of  their  several  cities  or  towns  to 
pay,  to  the  treasurer  of  the  Connnon wealth,  on  or  before 
the  tenth  day  of  December  in  the  ^ear  nineteen  hundred 
and  two,  the  sums  set  against  said  cities  and  towns  in  the 
schedule  aforesaid  ;  and  the  selectmen  or  assessors  respec- 
tively shall  return  a  certificate  of  the  names  of  the  treas- 
urers of  their  several  cities  and  towns,  with  the  sum 
which  each  may  be  required  to  collect,  to  the  treasurer 


Acts,  1902.  — Chap.  537.  467' 

'  of  the  Commonwealth  at  some  time  before  the  first  day  of 
October  in  the  year  nineteen  hundred  and  two. 

Section  4.  If  the  amount  due  from  any  city  or  town,  Notice  to  treas- 
as  provided  in  this  act,  is  not  paid  to  the  treasurer  of  the  quem  cities*"" 
Commonwealth  within  the  time  specified,  then  the  said  ^^^^ towns. 
treasurer  shall  notify  the  treasurer  of  such  delincjuent 
city  or  town,  who  shall  pay  into  the  treasury  of  the 
Commonwealth,  in  addition  to  the  tax,  such  further  sum 
as  would  be  equal  to  one  per  cent  per  month  during  such 
delinquency  from  and  after  the  tenth  da}^  of  December 
in  the  year  nineteen  hundred  and  two  ;  and  if  the  same 
remains  unpaid  after  the  first  day  of  -January  in  the  year 
nineteen  hundred  and  three,  an  information  may  be  filed 
by  the  treasurer  of  the  Commonwealth  in  the  supreme 
judicial  court,  or  before  any  justice  thereof,  against  such 
delinquent  city  or  town  ;  and  upon  notice  to  such  city 
or  town,  and  a  summary  hearing  thereon,  a  warrant  of 
distress  may  issue  against  such  city  or  town  to  enforce 
the  payment  of  said  taxes  under  such  penalties  as  said 
court  or  the  justice  thereof  before  whom  the  hearing  is 
had  shall  order. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Aiyproved  June  27,  1902. 

An  Act  to  provide  for  direct  nomination,  in  cities,  of  candi-  ni^ff.y.  rtQrr 

DATES   FOR   CERTAIN   ELECTIVE   OFFICES.  ^ 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.     Every  nomination  by  a  political  party  of  Candidates  for 
a  candidate  for  representative  in  the  ii^eneral  court,  or  any  ojjices  in  cities 

1,.  •  i.  jn  i.  1  '^i'j.i  11  •;      to  be  nominated 

elective  city  onice  except  a  member  oi  the  school  commit-  by  direct 
tee  of  Boston,  to  be  voted  for  only  in  two  or  more  wards  p^"'"''''*^  "^°*''- 
of  one  city,  shall  be  made  in  caucuses  by  direct  plurality 
vote. 

Section  2.  All  ballots  and  returns  for  such  candi-  Ballots  and 
dates  shall  be  returned  by  the  clerks  of  the  several  cau- 
cuses as  ballots  and  returns  of  elections  in  such  cities  are 
returned,  and  the  city  clerk  with  the  registrars  of  voters, 
or  in  Boston  the  election  commissioners,  shall  determine 
and  tabulate  the  results  of  all  such  ballots  and  returns, 
shall  certifv  to  the  facts  required  by  law  in  certificates 
for  nomination  of  representatives  to  the  general  court, 
and  shall  file  such  certificates  with  the  secretary  of  the 
Commonwealth  on  or  before  the  Thursday  designated  by 


468 


Acts,  1902.  — Chap.  538. 


Number  of 
signatureB 
required  on 
nomination 
papers,  etc. 


Certain  pro- 
visions of  law 
to  apply. 


law  therefor.  The  secretary  of  the  Commonwealth  shall 
place  on  the  official  ballots  to  be  used  at  the  state  election 
the  names  of  all  candidates  for  representatives  nominated 
as  aforesaid  ;  and  the  city  clerk,  or  in  Boston  the  elec- 
tion commissioners,  shall  place  on  the  official  ballots  to 
be  used  at  municipal  elections  the  names  of  all  candidates 
nominated  as  aforesaid. 

Section  3.  Where  nomination  papers  for  candidates 
at  caucuses  are  required  by  law  such  papers  shall,  for 
nominations  under  this  act,  be  signed  by  a  number  of 
voters  equal  in  the  aggregate  to  not  less  than  five  for 
each  ward  in  the  city  or  district.  Such  voters  shall  be 
members  of  the  political  party  holding  the  caucus  and 
they  shall  add  to  their  signatures  the  street  and  number, 
if  any,  of  their  residences. 

Section  4.  All  provisions  of  law  relative  to  caucuses 
of  political  parties  shall,  so  far  as  they  are  applicable  and 
not  inconsistent  with  the  provisions  of  this  act,  apply  to 
caucuses  at  which  direct  nominations  are  made  as  herein 
provided. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  Jane  28,  1902. 


ChciJ).5'dS  A.N    Act    to  confirm    cektaix    proceedings  of    the    probate 

COURTS. 


Certain  pro- 
ceedings and 
decrees  of  the 
probate  courts 
confirmed. 


Proviso. 


Be  it  enacted,  etc.,  as  follotvs : 

Section  1.  The  proceedings  and  decrees,  heretofore 
made  and  entered,  of  the  probate  courts  of  the  counties 
of  the  Commonwealth  authorizing  and  confirming  com- 
promises of  controversies  between  persons  claiming  as 
devisees  or  legatees  under  a  will  and  those  entitled  to  the 
same  estate  under  the  statutes  regulating  the  descent  and 
distribution  of  intestate  estates,  in  accordance  with  the 
provisions  of  sections  fourteen  to  seventeen,  inclusive,  of 
chapter  one  hundred  and  forty-two  of  the  Public  Statutes 
and  of  acts  in  amendment  thereof,  and  the  probate  of  wills 
to  be  executed  in  accordance  with  said  compromises,  shall 
be  and  the  same  hereby  are  confirmed,  and  such  proceed- 
ings and  decrees  shall  have  the  same  force  and  effect  as 
if  originally  made  and  entered  in  the  supreme  judicial 
court :  provided,  Jioirevfir,  that  nothing  herein  contained 
shall  apply  to  or  affect  cases  wherein,  prior  to  the  passage 
of  this  act,  such  an  agreement  of  compromise  has  been 


Acts,  1902.  —  Chaps.  539,  5^0.  469 

confirmed  by  the  supreme  judicial  court,  or  is  pending 
therein  under  the  provisions  of  section  fifteen  of  chapter 
one  hundred  and  forty-eight  of  the  Revised  Laws. 

Section  2.     This  act  shall  tal^e  eliect  upon  its  passage. 

Approved  June  28,  1902. 

An  Act  kelative  to  weights  and  measures.  Chan  5S9 

Be  it  enacted,  etc.,  as  follows : 

Section  seventeen  of  chapter  sixty-two  of  the  Revised  ^^^nded  ^  ^^' 
Laws  is  hereby  amended  by  striking  out  the  words  "  The 
expense  thereof  shall  be  paid  by  the  respective  counties, 
cities  and  towns",  in  the  twelfth  and  thirteenth  lines,  so 
as  to  read  as  follows  :  —  Section  17.  Tlie  standards,  ex-  county  and 
cept  tliose  of  apothecaries'  weight  and  apothecaries'  liquid  toTe  teetedT*^^ 
measure,  which  are  in  the  custody  of  county  treasurers 
shall,  at  least  once  in  every  ten  years,  and  such  stand- 
ards which  are  in  the  custody  of  city  and  town  treasurers 
shall,  at  least  once  in  every  five  3^ ears,  be  tried,  adjusted 
and  sealed  by  the  treasurer  and  receiver  general  or  by  his 
deputy.  At  least  once  in  every  three  years,  the  stand- 
ards of  apothecaries'  weights  and  of  apothecaries'  liquid 
measures  Avhich  are  in  the  custody  of  county  treasurers 
shall  be  compared  with  and  adjusted  by  tliose  in  the 
custody  of  the  treasurer  and  receiver  general,  and  such 
standards  in  the  custody  of  city  and  town  treasurers, 
with  those  of  the  treasurer  and  receiver  general  or  of  the 
county  treasurer.  Every  treasurer  who  neglects  to  have 
the  standards  in  his  care  so  sealed  shall  forfeit  not  more 
than  fifty  dollars.  Aj)pToved  June  28,  1902. 

An  Act  relative  to  the  lakelling  of  baking  powders.        Ohr/n  ^4-0 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  Whoever  manufactures  for  sale  within  Baking 
this  state,  or  offers  or  exposes  'for  sale  or  sells  any  bak-  tobe'^fabeuld.' 
ing  powder  or  mixture  or  compound  intended  for  use 
as  a  baking  powder  under  any  name  or  title  whatsoever 
shall  securely  affix  or  cause  to  be  securely  affixed  to  the 
outside  of  every  box,  can  or  package  containing  such 
baking  powder  or  like  mixture  or  compound,  a  label 
distinctly  ])rinted  in  brevier  gothic  capital  letters,  in  the 
English  language,  containing  the  name  and  residence 
of  the  manufjicturer  and  the  ingredients  of  the  baking 
poAvder,  mixture  or  compound. 


470 


Acts,  1902.  — Chaps.  541,  542. 


Penalty. 


To  take  effect 
April  1, 1903. 


Section  2.  Whoever  violates  any  provision  of  this 
act  shall  be  punished  by  a  fine  of  not  less  than  ten  nor 
more  than  one  hundred  dollars  for  each  oftence. 

Section  3.  This  act  shall  take  effect  on  the  first  day 
of  April  in  the  year  nineteen  hundred  and  three. 

Ajyproved  June  28^  1902. 


Pollution  of 
Neponeet  river 
and  its  tribu- 
taries pro- 
hibited. 


Chcip.54:l.  ^N  Act  to  prohibit  the  pollution  of  the  neponset  kiver 

AND   ITS   tributaries. 

Be  it  enacted,  etc.,  as  foUoivs : 

Section  1.  The  state  board  of  health  is  hereby  author- 
ized and  directed  to  })rohibit  the  entrance  or  discharge 
of  sewage  into  any  part  of  the  Neponset  river  or  its  trib- 
utaries, and  to  prevent  the  entrance  or  discharge  therein 
of  every  other  substance  which  may  be  injurious  to  public 
health  or  may  tend  to  create  a  public  nuisance  or  to 
obstruct  the  fiow  of  water,  including  all  waste  or  refuse 
from  any  factory  or  other  establishment  where  persons 
are  employed,  unless  the  owner  thereof  shall  use  the  best 
practicable  and  reasonably  available  means  to  render  such 
Avaste  or  refuse  harmless. 

Section  2.  The  board  shall  consult  and  advise  with 
any  such  owner  at  his  request  or  of  its  own  motion  as  to 
the  best  practicable  and  reasonably  available  means  of 
rendering  such  waste  or  refuse  harmless,  having  regard 
to  the  circumstances  and  re(iuirements  of  the  situation 
and  to  the  industrial  interests  involved. 

Section  3,  The  supreme  judicial  court  or  any  justice 
thereof  and  the  superior  court  or  any  justice  thereof  shall 
have  jurisdiction  in  equity  to  enforce  the  provisions  of 
this  act  and  any  order  made  by  the  state  board  of  health 
in  conformity  therewith.  Proceedings  to  enforce  any 
such  order  shall  be  instituted  and  prosecuted  by  the 
attorney-general  upon  the  request  of  the  state  board  of 
health,  or  of  any  other  party  in  interest. 

Section  4.     This  act  shall  take  efiect  upon  its  passage. 

Approved  June  28,  1902. 


state  board  of 
health  to  con- 
sult with 
owners  of  cer- 
tain establish- 
ments relative 
to  refuse. 


Enforcement  of 
provieione. 


(7Att7).542  -^^  ^'^'^  "^'^  increase  the  number    of  the    trustees  of    the 

MASSACHUSETTS   IIOSITTAL   FOR   DIPSOMANIACS   AND  INEBRIATES. 

Be  it  enacted,  etc.,  as  foUozvs: 
Number  of  SECTION  1 .     Thc  imiiiber  of  trustees  of  the  Massachu- 

truBtees  of  .  ,     .  .  .       , 

MasBachii setts    setts  liospital  fop  dipsoiiianiacs  and  inebriates  is  hereby 
dipsomaniacs     increased  to  seven  ;  and  the  governor  is  hereby  author- 


Chap.5-i3 


Acts,  1902.  — Chap.  543.  471 

ized  and  requested  to  appoint,  with  the  advise  and  con-  and  inebriates 
sent  of  the  council,  within  sixty  days  after  the  passage  "^"'^^^^  • 
of  this  act,  tlie  two  additional  trustees  thus  provided  for. 
In  the  year  nineteen  hundred  and  seven,  and  each  fifth 
year  thereafter,  three  trustees  shall  be  appointed,  and  in 
every  other  year  one  trustee  shall  be  appointed. 

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

Approved  June  28,  1902. 

An  Act  relative  to  the  improvement  of  the  state  house 
and  to  the  height  of  buildings  on  beacon  street  and 
bowdoin  street  in  the  city  of  boston. 

Be  it  enacted,  etc.,  as  follows : 

Section  1 .     Any  part  of  any  building  abutting  on  or  Height  of  buiid. 
within  forty-two  feet  of  Bowdoin  street  between  Allston  Bfacon  and '  ""^ 
street  and  Beacon  street  may  be  completed,  built,  rebuilt  ftrretf  Boston. 
or  altered  to  the  height  of  one  hundred  feet  above  the 
highest  grade  of  that  part  of  said  Bowdoin  street  on  which 
the  building  abuts  as  such  grade  has  been  changed  and 
established  by  the  governor  and  council  and  no  higher, 
and  any  part  of  any  building  on  or  within  ninety-live  feet 
of  Beacon  street  between  the  Clallin  building,  so-called, 
and  Park  street  may  be  completed,  built,  rebuilt  or  altered 
to  the   heio-ht  of  seventv  feet  above   the  highest  o-rade 
of  said  Beacon  street  and  no  higher :  provided,  however^  Proviso. 
that  there  may  be  erected  on   any  such  building  such 
chimneys,  pipes,  water  tanks,  elevator  houses  and  orna- 
mental  features   Avhich    shall    not    increase    the    interior 
capacity  of  said    building  as  the  governor  and  council 
may  approve. 

Section  2.     Any  person  owning  land  on   or  within  Damages  on 
forty-two  feet  of  Bowdoin  street,  between  Allston  street  fmp°rovlment 
and  Beacon  street,   or  on  or  within  ninety-five  feet  of  of  state  house. 
Beacon  street  between  the  Clallin  building,  so-called,  and 
Park  street,  whose  property  is  damaged  more  than  it  is 
benefited  by  the  improvement  of  the  state  house,  consist- 
ing of  the  limitation   of  the  height  of  buildings  on  said 
land,   the   laying  out  and   grading  of  said   streets,   the 
removal  of  buildings  between  Hancock  street  and  Bowdoin 
street,  the  reconstruction  and  extension  of  the  state  house 
and  the  construction  of  the  park  between  Bowdoin  street 
and   the  state  house,   may,   within  two   years  after  the 
passage  of  this  act,  and  not  afterward,  file  in  the  office 
of  the  clerk  of  the  superior  court  for  the  county  of  Suttblk, 


472 


Acts,  1902.  — Chap.  543. 


1900,  382,  §  2, 
etc.,  amended. 


Governor  and 
council  may 
lay  out  certain 
land  for  use  as 
a  park,  etc. 


Bepeal. 


his  petition  for  a  jury  to  determine  such  damage,  and  a 
jur}'-  of  said  court  shall  thereupon  determine  the  question, 
under  the  rules  of  law,  so  far  as  they  are  applicable,  under 
which  damages  for  the  laying  out  of  highways  under  the 
Revised  Laws  are  determined.  If  the  jury  find  that  the 
petitioner  is  damaged  more  than  he  is  benefited  b}^  said 
improvement  they  shall  determine  the  amount  of  the 
difference,  and  the  Commonwealth  shall  pay  the  same  ; 
and  if  the  jury  shall  not  so  find,  judgment  shall  be  entered 
for  the  Commonwealth,  costs  taxed  and  execution  issued 
therefor  against  the  petitioner  as  in  civil  cases.  The  city 
of  Boston  shall  repay  to  the  Commonwealth  all  damages 
which  the  state  shall  be  required  to  pay  for  the  change 
of  grade  of  Bowdoin  street  made  under  authority  of  the 
governor  and  council,  and  for  all  expenses  incurred  in 
makino;  such  chanoe. 

Section  3.  Section  two  of  chapter  three  hundred  and 
eighty-two  of  the  acts  of  the  year  nineteen  hundred,  as 
amended  by  section  one  of  chapter  five  hundred  and 
twenty-five  of  the  acts  of  the  year  nineteen  hundred  and 
one,  is  hereby  further  amended  by  striking  out  all  of  said 
section  two  after  the  word  "Commonwealth",  in  the 
seventeenth  line,  so  as  to  read  as  follows  :  —  Section  2. 
The  governor  and  council  may  lay  out  said  land  for  use 
as  a  park,  with  driveways,  walks,  grass  plots,  curbing 
and  railing  ;  may  close  Mount  Vernon  street  from  Beacon 
street  to  the  state  house  arch  ;  may  construct  a  new 
approach  to  the  state  house  from  Bowdoin  street  and  from 
Beacon  street ;  may  build  retaining  walls  and  fences  ;  may 
change  the  grade  of  Mount  Vernon  street  from  Jo}'^  street 
to  the  state  house  as  they  shall  deem  to  be  most  advan- 
tageous for  an  approach  to  the  state  house  ;  may  change 
the  grade  of  Bowdoin  street  from  Beacon  street  to  Ash- 
burton  place  so  that  the  street  will  l)e  substantially  level 
in  that  part,  and  may  widen  Bowdoin  street  at  any  part 
to  a  width  not  exceeding  fifty  feet ;  may  grade  and  con- 
struct said  streets  and  relay  the  sewers,  pipes,  tubes, 
conduits  and  wires  therein  wherever  necessar}^  and  may 
provide  for  the  proper  storage  of  coal  for  the  use  of  the 
Commonwealth. 

Section  4.  Section  three  of  said  chapter  five  hundred 
and  twenty-five  is  hercb}^  repealed. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  28,  1902. 


Acts,  1902.  — Chap.  544.  473 


An  Act  to  amend  the  revised  laws  and  to  supply  certain  f^l^f^Y)  ^44- 

OMISSIONS   THEREFROM.  -^ 

Be  it  enacted^  etc.,  as  folio ivs  : 

Section  1.     Section  seventeen  of  chapter  three  of  the  r.  l.s,  §17, 
Revised  Laws  is  hereby  amended  by  striking  out  all  after  ''™®"'***^- 
the  word  "  testimony  ",  in  tiie  ninth  line,  so  as  to  read  as 
follows  :  —  Section  17.     A  person  shall  not  be  excused  ^g7or™°°^erai 
from  attending  and  testifyino-  before  either  branch  of  the  court,  or  com- 
general  court  or  before  a  committee  thereof  u})on  a  sub- 
ject referred  to  such  committee  on  the  ground  that  his 
testimony  or  evidence,  documentary  or  otherwise,  may 
tend  to  criminate  him  or  subject  him  to  a  penalty  or  for- 
feiture, but  he  shall  not  be  prosecuted  or  subjected  to  a 
penalty   or  forfeiture   for  or  on  account  of  any  action, 
matter  or  thing  concerning  Avdiich  he  may  so  testify  or 
produce  evidence,  except  for  perjury  committed  in  such 
testimony. 

Section  2.     Section  two  hundred  and  seventy-nine  of  R.lii.§2T9, 

•J  amended. 

chapter  eleven  of  the  RevLsed  Laws  is  hereby  amended 
by  striking  out  tlie  words  ' '  board  of  aldermen  of  the  city 
of  Chelsea  and  the  ",  in  the  seventh  line,  so  that  the  first 
paragraph  of  said  section  shall  read  as  follows  :  —  Section  County  or  asso- 
279.     Upon  a  failure  to  choose  a  county  commissioner  Monger,  failure 
or  associate  commissioner,   the  board  of  examiners  shall  *''®^^''*- 
forthwith  issue  precepts  to  the  board  of  aldermen  of  each 
city  and  to  the  selectmen  of  each  town  in  such  county, 
directing  them  to  call  meetings  of  the  voters  to  elect  such 
officer  on  a  day  appointed  therein.     In    the  county  of 
Middlesex,  such  precept  shall  also  be  issued  to  the  select- 
men of  the  towns  of  Revere  and  Winthrop. 

Section   3.     Section  thirty-six  of  chapter  nineteen  of  fm^dl^d.^  ^^' 
the  Revised  Laws  is  hereby  amended  by  adding  at  the 
end  of  the  first    sentence,  the  words: — and  thereupon 
such  town  shall  have  the  authority  given  to  a  city  under 
the  provisions  of  section  tAventy-four  of  chapter  tAvent}- 
six,  — so  as  to  read  as  follows  :  —  Section  36.    This  chap-  Application  of 
ter  shall  be  in  force  in  any  town  of  more  than  twelve  "^  ^^  ^^' 
thousand  inhabitants  when  accepted  by  it,  and  thereupon 
such  town  shall  have  the  authority  given  to  a  city  under 
the  provisions  of  section  twenty-four  of  chapter  twenty- 
six.      So  much  of  this  chapter  and  the  rules  established 
under  it  as  relate  to  the  einploj'ment  of  laborers,  desig- 


474 


Acts,  1902.  — Chap.  544. 


R.  L.  20,  §  14, 
ameuded. 


Salaries  of 
county  com- 
miBsiouers. 


To  be  divided 
in  proportion 
to  services  ren- 
dered, etc. 


Associate  com- 
missioners, 
compensation, 
etc. 


Expenses  of 
commissioners. 


R.  L.  22,  §  7, 
amended. 


nated  as  the  "  Labor  Service  ",  shall  not  ))e  in  force  in 
any  city  of  less  than  one  hundred  thousand  inhabitants 
until  the  city  council,  Avitli  the  approxal  of  the  mayor, 
accepts  the  same. 

Section  4.  Chapter  twenty  of  the  Revised  Laws  is 
hereby  amended  by  striking  out  section  fourteen  and 
inserting  in  place  thereof  the  following :  —  Section  14. 
County  commissioners  shall  receive  from  the  county  in 
full  payment  for  all  their  services  the  following  annual 
salaries  :  — 

For  the  county  of  Barnstable,  thirteen  hundred  dollars. 

For  the  county  of  Berkshire,  twenty-one  hundred  dol- 
lars. 

For  the  county  of  Bristol,  thirty-three  hundred  dollars. 

For  the  county  of  Dukes  County,  four  hundred  dollars. 

For  the  county  of  Essex,  forty-five  hundred  dollars  up 
to  the  first  day  of  July  in  the  year  nineteen  hundred  and 
two,  and  thereafter  fifty-four  hundred  dollars. 

For  the  county  of  Franklin,  sixteen  hundred  dollars. 

For  the  county  of  Hampden,  twenty-five  hundred  dol- 
lars. 

For  the  county  of  Hampshire,  sixteen  hundred  dollars. 

For  the  county  of  Middlesex,  fifty-four  hundred  dollars. 

For  the  county  of  Norfolk,  forty-two  hundred  dollars. 

For  the  county  of  Plymouth,  twenty-seven  hundred 
dollars. 

For  the  county  of  AYorcester,  forty-nine  hundred  and 
fifty  dollars. 

Such  salaries  shall  be  divided  among  the  county  com- 
missioners in  proportion  to  the  services  rendered  by  each  ; 
and  no  other  or  additional  compensation  shall  be  paid  to 
them  for  any  service  |)erformed  by  them  for  their  respec- 
tive counties.  Associate  commissioners  shall  receive  from 
the  county  not  less  than  five  dollars  each  for  every  day 
of  actual  service,  to  an  amount  not  exceeding  one  hundred 
and  fifty  dollars  in  any  county  in  any  calendar  year,  and 
ten  cents  a  mile  for  travel  each  wa}'.  An  itemized  state- 
ment of  the  actual  and  proper  expenses  of  the  conmiis- 
sioners  for  transportation  shall,  on  the  first  day  of  each 
month,  be  certified  to  the  controller  of  county  accounts, 
who  shall  audit  and  certify  it  to  the  county  treasurer,  who 
shall  pay  such  expenses  frojn  the  county  treasury. 

Section  5.  Section  seven  of  chapter  twenty-two  of 
the  Revised  Laws  is  hereby  amended  by  striking  out  the 


Acts,  1902.  — Chap.  544.  475 

word  "  mayor",  in  the  sixth  line,  and  inserting  in  place 
thereof  the  words  :  —  such  aldermen,  —  so  as  to  read  as 
follows  :  —  tSection  7.      Each  register  of  deeds,  except  in  Registers  of 
the  county  of  Suflblk,  shall  be  sworn  before  the  county  sworn  and  give 
commissioners  and,  in  the  county  of  Suffolk,  before  one  ^°"  ' 
or  more  of  the  aldermen  of  the  city  of  Boston.     Each 
register  shall  give  bond  to  the  county  for  the  taithful  per- 
formance of  his  official  duty,  with  such  sureties  and  in 
such  sum  as  the  commissioners  or  such  aldermen,  respec- 
tively, shall  approve. 

Section  6.      Section  fourteen  of  chapter  twenty-five  r.  l.25.  §i4, 
of  the  Revised  Laws  is  hereby  amended  by  striking  out  '*'^^"''*^'^- 
the  word  "almshouse",  in  the  thirteenth  line,  and  insert- 
ing in  place  thereof  the  word  :  —  hospital,  —  so  that  the 
third  paragraph  of  said  section  shall  read  as  follows  :  — 
For  the  reception,  care  and  treatment,  by  hospitals  es-  Towns  may 

.     T  T    1       n     .  .  •         J.1  •    •     -J.         J.1  J?  1-1     make  contracts 

tablished  m  a  town,  or  m   the  vicinity  thereoi,   which  for  the  hospital 
maintains  and  manages  no  hospital,  of  persons  who  by  oTcenal^'per-' 
misfortune  or  poverty  require  relief  during  temporary  ill-  ''''"^■ 
ness  ;  but  this  provision  shall  not  add  to  the  compensation 
now  required  from  the  Commonwealth  or  from  any  citj'" 
or  town  for  the  care  and  treatment  of  any  person  charge- 
able to  them  respectively  as  a  pauper,  or  diminish  the 
right  of  the  Commonwealth  to  recjuire  the  removal  to  the 
state  hospital  of  a  pauper  dependent  upon  it. 

Sectiox  7.     Section   one  of  chapter  twenty-eight  of  ^^e^leif^' 
the  Revised  Laws  is  hereby  amended  by  striking  out  the 
word  "  A  ",  in  the  twenty-first  line,  and  inserting  in  place 
thereof  the  words  :  —  In  cities  a,  —  so  as  to  read  as  fol- 
lows :  —  Section  1.     A  town  in  which,  at  a  meeting  called  ^on'^rg^^^gr'. 
and  notified  at  least  seven  days  in  advance  in  the  same  tain  towns, 
manner  as  meetings  for  the  election  of  town  officers,  a  etc. 
majority  of  the  voters,  voting  by  ballot  with  the  use  of 
the  voting  list,  adopt  the  provisions  of  the  first  fourteen 
sections  of  this  chapter  or  have  so  adopted  the  correspond- 
ing provisions  of  earlier  laws,  may  elect  a  board  of  park 
commissioners,  consisting  of  tliree  persons,  and  prescribe 
their  terms  of  office  ;  and  the  mayor  of  a  city  which,  at  in  certain 
meetings  to  be  held  at  one  time  in  the  usual  voting  places  mem,' etc. 
of  the  city  on  such  days  as  the  board  of  aldermen,  at  a 
regular  meeting,  shall  designate,  called  in  the  same  man- 
ner as  meetings  for  the  election  of  city  officers,  accepts 
said  provisions  may,  with  the  apjn'oval  of  the  city  council, 
appoint  a  board  of  park  commissioners  for  said  city,  con- 


476 


Acts,  1902.  — Chap.  5M. 


Vacancy, 
removal,  etc. 


R.  L.  29,  §  22, 
ameuded. 


Copies  of 
records  of 
births,  mar- 
riages and 
deaths  to  be 
bound,  etc. 


R.  L.  65,  §  9, 
amended. 


Penalty  for 
unlicensed 
sales,  etc.,  by 
itinerant 
vendors. 


sisting  of  five  persons,  who  shall  hold  office  for  terms  of 
one,  two,  tliree,  four  and  five  years  respectively  from  the 
first  Monday  in  Ma}'  next  following  such  appointment,  or 
until  their  successors  are  appointed  and  (jualified  ;  and 
thereafter  the  maj'or  shall  annually,  before  the  first  Mon- 
day in  May,  with  like  approval  appoint  one  such  com- 
missioner for  a  term  of  five  years  from  said  first  Monday 
in  May.  No  selectman,  member  of  the  city  council,  clerk 
or  treasurer  of  such  city  or  town  shall  be  such  commis- 
sioner. In  cities  a  vacancy  in  such  board  shall  be  filled 
in  like  manner  for  the  residue  of  the  unexpired  term.  A 
commissioner  may  be  removed  by  a  vote  of  two  thirds  of 
the  voters  of  a  town  at  a  meeting  called  for  the  purpose, 
or  by  a  concurrent  vote  of  two  thirds  of  the  whole  of 
each  branch  of  a  city  council.  Such  commissioner  shall 
serve  without  compensation. 

Section  8.  Section  twenty-two  of  chapter  twent}— 
nine  of  the  Revised  Laws  is  hereby  amended  by  striking 
out  the  words  "  He  shall  tabulate  the  subject  matter  ",  in 
the  second  and  third  lines,  and  inserting  in  place  thereof 
the  words  :  —  He  shall  pre{)are  from  said  copies  such  sta- 
tistical tables  as  will  be  of  practical  utility,  —  so  as  to 
read  as  follows  :  —  Section  22.  The  secretary  shall  cause 
the  copies  received  by  him  for  each  year  to  be  bound,  with 
indexes  thereto.  He  shall  prepare  from  said  copies  such 
statistical  tables  as  will  be  of  practical  utility,  and  make 
report  thereof  annually  to  the  general  court. 

Section  i).  Section  nine  of  chapter  sixty-five  of  the 
Revised  Laws  is  hereby  amended  by  striking  out  the  word 
"  or",  after  the  word  "fine",  in  the  tenth  line,  and  in- 
serting in  place  thereof  the  word  :  — and,  —  so  as  to  read 
as  follows:  —  Seclion  9.  Every  itinerant  vendor  who 
sells  or  exposes  for  sale,  at  public  or  private  sale,  any 
goods,  wares  or  merchandise  without  state  and  local 
licenses  therefor,  properly  indorsed,  or  files  any  ai)plica- 
tion,  original  or  supplementary,  Avhich  contains  any  false 
statement,  or  being  licensed  fails  to  comply  with  all  the 
requirements  of  the  preceding  section  and  every  person, 
both  principal  and  agent,  Avho,  by  circular,  hand-bill, 
newspaper  or  in  any  other  manner,  advertises  any  such 
unlicensed  sales,  shall  be  punished  by  a  fine  of  not  more 
than  fifty  dollars  or  by  imprisonment  for  not  more  than 
sixty  days,  or  by  both  such  fine  and  imprisonment. 


Acts,  1902.  — Chap.  544.  477 

Sectiox  10.  Chapter  seventy-five  of  the  Revised  ftc^a^elded' 
Laws,  as  amended  by  section  two  of  chapter  one  hundred 
and  ninety  of  the  acts  of  the  year  nineteen  hundred  and 
two,  is  hereby  amended  by  striking  out  section  one  hun- 
dred and  thirty-nine,  as  so  amended,  and  inserting  in 
place  thereof  the  following  : —  Section  139.  Any  person  certain  persons 
over  twenty-one  years  of  age  who  presents  a  certificate  cofi^uL^or™ 
signed  by  the  register  of  a  probate  court  that  he  is  under  "''accination. 
guardianship  shall  not  be  subject  to  the  provisions  of  sec- 
tion 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  ex- 
amined 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  condi- 
tion continues,  be  subject  to  the  provisions  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  11.     Section  sixty-four  of  chapter  ninety-one  r.  l.9i,§64, 
of  the  Revised  Laws  is  hereby  amended  b}'  inserting  after  '»™«°'^®^- 
the  words  "  apply  to  ",  in  the  seventh  line,  the  words  :  — 
the  county  of  Berkshire  nor  to, — so  as  to  read  as   fol- 
lows :  —  Section  64.     Whoever  at  any  time  takes,  catches  penalty  for 
or  has  in  possession,  or  whoever  sells  or  ofiers  or  exposes  sma^urout!  °^ 
for  sale  in  this  Commonwealth,  trout  less  than  six  inches 
in  length  shall  for:^eit  ten  dollars  for  each  such  trout  taken, 
caught,  held  in  possession,  sold  or  offered  or  exposed  for 
sale  ;  but  the  provisions  of  this  section  shall  not  aftect  the  Not  to  apply  to 
provisions  of  section  twenty-eight,  nor  shall  they  apply  etc!"*"  persons, 
to  the  county  of  Berkshire  nor  to  a  person  who  is  engaged 
in  breeding  or  rearing  trout  or  to  an}^  persoai  who,  upon 
taking  such  trout,   immediately  returns   it  alive  to  the 
water  from  which  it  was  taken. 

Section  12.     Section  ten  of  chapter  one  hundred  and  r.l  los,  §io, 
eight  of  the  Revised  Laws  is  hereby  amended  by  inserting 
after  the  word  "  eighty  ",  in  the  tenth  line,  the  word  :  — 
one,  —  so  as  to  read  as  follows  :  —  Section    10.     County  county  police, 
conmiissioners  may  appoint  persons  who  are  in  the  cm-  p5^w°e'°B*M*d*' 
ployment  of  said  county  as   police  oflicers,   who  shall,  duties. 
when  on  duty,  wear  in  plain  sight  a  metallic  badge  in- 


4:78 


Acts,  1902.  — CiiAr.  544. 


R.  L.  Ill,  §  237, 
amended. 


Compeneation 
for  carrying 
mails,  how 
determined. 


R.  L.  144,  §  1, 
amended. 


scribed  with  the  words  "  County  Police  "  and  the  name  of 
the  county  for  which  they  are  appointed.  8uch  officers 
may  preserve  order  in  any  court  house  or  in  any  room  or 
building  used  for  county  business  and  upon  the  adjoining 
premises.  Tliey  may,  without  a  warrant,  arrest  idle,  in- 
toxicated or  disorderly  persons  who  by  their  presence  or 
conduct  obstruct  or  annoy  persons  using  count}"  buildings 
or  premises,  or  who  violate  the  provisions  of  section  eighty- 
one  of  chapter  two  hundred  and  eight,  and  may  take  per- 
sons so  arrested  to  the  nearest  police  station  or  other 
place  of  lawful  detention. 

Section  13.  Section  two  hundred  and  thirty-seven  of 
chapter  one  hundred  and  eleven  of  the  Kevised  Laws  is 
hereby  amended  by  striking  out  the  word  "  by",  in  the 
twelfth  line,  and  inserting  in  place  thereof  the  word:  — 
to,  —  so  as  to  read  as  follows  : —  Section  237.  A  corpo- 
ration which  is  unable  to  agree  with  the  postmaster  gen- 
eral or  other  proper  officer  of  the  United  States  as  to  the 
compensation  to  be  paid  for  such  transportation  may 
notify  the  postmaster  general  of  its  unwillingness  to  carry 
the  mails  upon  the  terms  proposed  :  and  after  the  expira- 
tion of  three  months  from  the  depositing  of  such  notice 
in  a  post  office  in  this  Commonwealth,  addressed  to  the 
postmaster  general,  such  corporation  shall  be  absolved 
from  the  duty  imposed  in  the  preceding  section,  unless 
he  or  some  officer  or  agent  of  the  post  office  department 
within  that  time  has  filed  a  petition  in  the  supreme  judi- 
cial court  in  any  county,  praying  for  the  appointment  of 
three  commissioners  to  fix  the  price  to  be  paid  to  the  cor- 
poration for  such  service  ;  and  the  court,  after  due  notice 
to  the  corporation,  shall  appoint  three  commissioners  to 
hear  the  parties  and  determine  such  compensation,  the 
award  of  a  major  part  of  whom,  being  made  to  and  con- 
firmed by  said  court,  shall  be  final  as  to  all  past  service 
and  for  the  period  of  two  years  after  such  confirmation. 

Section  14.  Section  one  of  chapter  one  hundred  and 
forty-four  of  the  Revised  Laws  is  hereby  amended  by  in- 
serting after  the  word  "Commonwealth",  in  the  seventh 
line,  the  words  :  —  or  if  abandoned  property  of  a  person 
who  is  not  a  resident  of  the  Commonwealth  is  found 
therein  and  no  agent  therein  is  authorized  to  take  care 
thereof,  —  by  striking  out  the  word  "his",  in  the  eighth 
line,  and  inserting  in  i)lace  thereof  the  word  :  —  the,  — 
by  inserting  after  the  word  "  estate  ",  in  the  same  line,  the 


Acts,  1902.  — Chap.  544.  479 

words  :  —  of  such  resident,  —  by  inserting  after  the  word 
"  child  ",  in  tlie  ninth  line,  the  words  :  —  or  if  abandoned 
property  belongs  to  such  non-resident  any  suitable  person, 
—  by  striking  out  the  comma  after  the  word  "  absentee  ", 
in  the  twelfth  line,  and  inserting  the  words:  —  or  of 
such  non-resident,  —  by  striking  out  the  word  "his", 
in  the  thirteenth  line,  and  inserting  in  place  thereof  the 
word  :  —  the,  — by  striking  out  the  comma  after  the  word 
"disappearance",  in  the  thirteenth  line, — by  inserting 
a  comma  after  the  word  "made",  in  the  fifteenth  line, 
and  by  striking  out  the  word  "his",  in  the  same  line, 
and  inserting  in  place  thereof  the  word  :  —  the,  —  so  as 
to  read  as  follows:  —  Section  1.  If  a  resident  of  the  Petition  for 
Commonwealth  having  property  therein  has  disappeared,  rec^Jil^r"^"*'"^ 
absconded  or  is  absent  therefrom  and  has  left  no  ao;ent 
therein  and  his  whereabouts  are  unknown  ;  or  if  such 
resident,  who  has  a  wife  or  minor  child  dependent  upon 
him  wholly  or  partly  for  support,  has  disappeared  with- 
out making  sufHcient  provision  for  such  support  and  his 
whereabouts  are  unknown,  or  if  it  is  known  that  they  are 
without  the  Commonwealth ;  or  if  abandoned  property 
of  a  person  who  is  not  a  resident  of  the  Connnonw^ealth 
is  found  therein  and  no  agent  therein  is  authorized  to 
take  care  thereof,  a  person  who  w^ould  be  entitled  to 
administer  upon  the  estate  of  such  resident  if  he  w^ere 
dead,  or  such  wife,  or  a  person  in  behalf  of  such  wife  or 
minor  child,  or  if  abandoned  property  belongs  to  such 
non-resident  any  suitable  person,  may  file  a  petition, 
under  oath,  in  the  probate  court  for  the  county  in  w^hich 
any  such  property  is  located  or  found,  stating  the  name, 
age,  occupation  and  last  known  residence  or  address  of 
such  absentee  or  of  such  non-resident,  the  date  and  cir- 
cumstances of  the  disappearance  and  the  names  and  resi- 
dence of  the  family  of  such  absentee  and  of  other  persons 
of  whom  inquiry  may  be  made,  and  containing  a  schedule 
of  the  propert}^  real  and  personal,  so  far  as  known,  and 
its  location  within  the  Commonwealth,  and  praying  that 
such  property  may  be  taken  possession  of  and  a  receiver 
thereof  appointed  under  the  provisions  of  this  chapter. 

Section   15.      Section   three   of  chapter   one  hundred  R-t-i44,  §3, 
and  lorty-four  of  the  Kevised  Laws  is  hereby  amended 
by  inserting  after  the  word  "absentee",  in  the  third  line, 
the  words :  —  or  non-resident,  —  so   as  to  read  as  fol- 
lows :  —  Section  3.      Upon  the  return  of  such  w^arrant. 


480 


Acts,  1902. 


Chap.  544. 


Notice  may  be 
issued  on  return 
of  warrant. 


R.  L.144,  §4, 
amended. 


Notice  to  be 
published,  etc. 


R.  L.  144,  §  5, 
amended. 


Petition  may  be 
dismissed  or 
receiver 
appointed,  etc. 


Receiver  to 
give  bond. 


the  court  may  issue  a  notice  which  shall  recite  the  sub- 
stance of  the  petition,  Avarrant  and  officer's  return  and 
shall  be  addressed  to  such  absentee  or  non-resident  and 
to  all  persons  who  claim  an  interest  in  said  property, 
and  to  all  whom  it  may  concern,  citing  them  to  appear 
at  a  time  and  place  named  and  show  cause  why  a  receiver 
of  the  property  named  in  the  officer's  schedule  should  not 
be  appointed  and  said  property  held  and  disposed  of  under 
the  provisions  of  this  chapter. 

Section  16.  Section  four  of  chapter  one  hundred  and 
forty-four  of  the  Revised  Laws  is  hereby  amended  by 
striking  out  the  word  "  cause  ",  in  the  third  line,  and 
inserting  in  place  thereof  the  word  :  —  order,  —  by  in- 
serting after  the  word  "absentee",  in  the  ninth  line, 
the  words  :  —  or  non-resident,  —  and  by  striking  out  all 
of  said  section  after  the  word  "  Commonwealth  ",  in  the 
tenth  line,  —  so  as  to  read  as  follows  :  —  Section  4.  The 
return  day  of  said  notice  shall  be  not  less  than  thirty 
nor  more  than  sixty  days  after  its  date.  The  court  shall 
order  said  notice  to  be  published  in  one  or  more  news- 
papers within  the  Commonwealth,  once  in  each  of  three 
successive  weeks  and  to  be  posted  in  two  or  more  con- 
spicuous places  in  the  city  or  town  in  Avhich  the  absentee 
last  resided  or  was  known  to  have  been  either  temporarily 
or  permanently  and  upon  each  parcel  of  land  named  in 
the  officer's  schedule,  and  a  coi)y  to  be  mailed  to  the  last 
known  address  of  such  absentee  or  non-resident.  The 
court  may  order  other  and  further  notice  to  be  given 
within  or  without  the  Commonwealth. 

Section  17.  Section  five  of  chapter  one  hundred  and 
forty-four  of  the  Revised  Laws  is  hereby  amended  by  in- 
serting after  the  word  "  absentee  ",  in  the  first  line,  the 
words  :  —  or  non-resident,  —  so  as  to  read  as  follows  :  — 
Section  5.  The  absentee  or  non-resident  and  any  person 
who  claims  an  interest  in  any  of  the  property  may  appear 
and  show  cause  why  the  prayer  of  the  petition  should 
not  be  granted.  The  court  may  after  hearing  dismiss  the 
petition  and  order  the  property  in  possession  of  the  officer 
to  be  returned  to  the  person  entitled  thereto,  or  it  may 
appoint  a  receiver  of  the  property  which  is  in  the  posses- 
sion of  the  officer  and  named  in  his  schedule.  If  a  receiver 
is  appointed  the  court  shall  find  and  record  the  date  of  the 
disappearance  or  absconding  of  the  absentee  ;  and  such 
receiver  shall  give  bond  to  the  judge  of  probate  and  his 


Acts,  1902.  — Chap.  544.  481 

successors  in  office  in  such  sum  and  with  such  condition 
as  the  court  orders,  with  a  company  named  in  section 
sixty-one  of  chapter  one  hundred  and  eighteen  and  ap- 
proved by  the  court  as  surety  thereon. 

Section  18.     Section  seven  of  cliapter  one  liundred  and  R-l.  144,  §  7, 

^  amended. 

forty-four  of  the  Revised  Laws  is  liereby  amended  by  in- 
serting after  the  word  "absentee",  in  tlie  third  line,  the 
words  : — or  of  any  additional  abandoned  property  which 
belongs  to  such  non-resident,  —  so  as  to  read  as  follows  : 
—  Section  7.  Such  receiver  upon  petition  filed  by  him  Possession  of 
may  be  authorized  and  directed  to  take  possession  of  any  ertyletc!  ^"^"^ 
additional  property  within  the  Commonwealth  which  be- 
longs to  such  absentee,  or  of  any  additional  abandoned 
property  which  belongs  to  such  non-resident,  and  to  de- 
mand and  collect  all  debts  due  such  absentee  from  any 
person  within  the  Commonwealth,  and  hold  the  same  as 
if  it  had  been  transferred  and  delivered  to  him  by  the 
officer. 

Section  19;  Section  eight  of  chapter  one  hundred  ^^eude^'^^' 
and  forty-four  of  the  Revised  Laws  is  hereby  amended 
by  inserting  after  the  word  "  absentee  ",  in  the  eighth 
line,  the  words  :  —  or  of  the  non-resident,  —  so  as  to  read 
as  follows  :  —  Section  8.  The  court  may  make  orders  for  Management 
the  care,  custody,  leasing  and  investing  of  said  property  property. 
and  its  proceeds.  If  any  of  said  property  consists  of  live 
animals  or  is  perishable  or  cannot  be  kept  without  great 
or  disproportionate  expense,  the  court  may,  at  any  time 
after  the  return  of  the  warrant,  order  such  property  to 
be  sold  at  public  or  private  sale.  After  the  appointment 
of  a  receiver,  upon  his  petition  and  after  notice,  the 
court  may  order  all  or  part  of  said  property,  including 
the  rights  of  the  absentee  or  of  the  non-resident  in  land, 
to  be  sold  at  public  or  private  sale  to  supply  money  for 
payments  authorized  by  this  chapter  or  for  reinvestment 
approved  by  the  court. 

Section  20.  Section  twelve  of  chapter  one  hundred  ^i^j^nd^' ^  ^^' 
and  forty -fom'  of  the  Revised  Laws  is  hereby  amended 
by  inserting  after  the  word  "  receiver  ",  in  the  first  line, 
the  words  :  — of  the  property  of  an  absentee,  — and  by 
adding  at  the  end  of  said  section,  the  words  :  — If  within 
fourteen  years  after  the  date  of  the  appointment  of  such 
receiver  of  the  property  of  a  non-resident,  said  non-resi- 
dent or  an  administrator,  executor,  assignee  in  insolvency, 
or  trustee  in  bankruptcy,  of  said  non-resident  does  not 


482 


Acts,  1902.  —  Chap.  544. 


Limitation  if 
receiver  is  not 
appointed 
witliin  tliirteen 
years. 


Right  to  prop- 
erty, etc., 
barred  if  claim 
is  not  made 
witliin  fourteen 
years. 


R.  L.  152,  §  13, 
amended. 


Guardian  for 
Insane  libellee. 


R.  L.  154,  §  2, 
amended. 


appear  and  claim  said  property  or  its  proceeds,  all  the 
riirht,  title  and  interest  of  said  non-resident  in  and  to 
said  })roperty,  real  or  personal,  or  the  proceeds  thereof 
shall  be  barred,  and  no  action,  suit  or  petition  in  any 
form  shall  be  begun  by  said  non-resident  after  the  expira- 
tion of  said  fourteen  j^ears  for  or  on  account  of  said  prop- 
erty or  its  proceeds  ;  and  the  remainder  thereof  shall  be 
distributed  as  provided  in  section  eleven,  as  if  said  non- 
resident had  died  intestate  on  the  day  fourteen  years 
after  the  date  of  the  appointment  of  the  receiver,  —  so  as 
to  read  as  follows  :  —  Section  12.  If  such  receiver  of 
the  property  of  an  absentee  is  not  appointed  within  thir- 
teen years  after  the  date  found  by  the  court  under  the 
provisions  of  section  five,  the  time  limited  for  accounting 
for,  or  fixed  for  distributing,  said  property  or  its  proceeds, 
or  for  barring  actions  relative  thereto,  shall  be  one  year 
after  the  date  of  the  appointment  of  the  receiver  instead 
of  the  fourteen  years  })rovided  in  the  two  preceding  sec- 
tions. If  within  fourteen  years  after  the  date  of  the 
appointment  of  such  receiver  of  the  property  of  a  non- 
resident, said  non-resident  or  an  administrator,  executor, 
assignee  in  insolvency,  or  trustee  in  bankruptcy,  of  said 
non-resident  does  not  ap})ear  and  claim  said  property  or 
its  proceeds,  all  the  right,  title  and  interest  of  said  non- 
resident in  and  to  said  proi)erty,  real  or  personal,  or  the 
proceeds  thereof  shall  be  barred,  and  no  action,  suit  or 
petition  in  any  form  shall  be  begun  by  said  non-resident 
after  the  expiration  of  said  fourteen  years  for  or  on 
account  of  said  property  or  its  proceeds  ;  and  the  re- 
mainder thereof  shall  be  distributed  as  provided  in  section 
eleven,  as  if  said  non-resident  had  died  intestate  on  the 
day  fourteen  years  after  the  date  of  the  appointment  of 
the  receiver. 

Section  21.  Section  thirteen  of  chapter  one  hundred 
and  fifty-two  of  the  Revised  Laws  is  hereby  amended  by 
striking  out  the  word  "  becomes  ",  in  the  first  and  second 
lines,  and  inserting  in  place  thereof  the  Avord  : — is, — 
so  as  to  read  as  follows  :  —  Section  13.  If  during^  the 
pendency  of  a  libel  the  libellee  is  insane,  the  court  shall 
appoint  a  suitable  guardian  to  appear  and  answer  in  like 
manner  as  a  guardian  for  an  infant  defendant  in  an  action 
at  law  may  be  appointed. 

Section  22.  Section  two  of  chapter  one  hundred  and 
fifty-four   of  the   Revised  Laws   is  hereby  amended   by 


Acts,  1902.  — Chap.  544.  483 

striking  out  the  words  "The  fact  of  illegitimacy  shall  in 
no  case  appear  upon  the  record  ",  in  the  ninth  and  tenth 
lines,  so  as  to  read  as  follows:  —  Section  2.  A  decree  written  consent 
for  such  adoption  shall  not  be  made,  except  as  herein-  dlcree^for'^^"'^*' 
after  provided,  without  the  written  consent  of  the  child,  mrde'etc".^ 
if  it  is  above  the  age  of  fourteen  years;  of  her  husband, 
if  she  is  a  married  woman  ;  of  the  lawful  parents,  or  sur- 
viving parent ;  of  the  parent  having  the  lawful  custody 
of  the  child,  if  the  parents  are  divorced  or  are  living 
separately  ;  of  the  guardian  of  the  child,  if  any  ;  of  the 
mother  only  of  the  child,  if  illegitimate  ;  or  of  the  person 
substituted  for  any  of  the  above  named  by  the  provisions 
of  this  chapter.  A  person  Avhose  consent  is  hereby 
re([uired  shall  not  thereby  be  debarred  from  being 
the  adopting  parent.  If  the  child  has  been  previously 
adopted,  the  consent  of  the  previous  adopting  parent  shall 
also  be  required. 

Section  23.     Clause  seven  of  section  three  of  chapter  r.  L.159,  §3, 
one  hundred  and  fifty-nine  of  the  Revised  Laws  is  hereby  amended, 
amended  by  striking  out  the  words  "  of  a  partner",  in 
the  thirty-sixth  line,  and  by  striking  out  the  word  "  the  ", 
before  the  word  "  partnership",  in    the    thirty-seventh 
line,  so  as  to  read   as  follows:  —  Clause    7.      Suits  bv  Equity juris. 

j.,  ,  1  T  1.  j.^  11,2.  ^     diction  of  suits 

creditors  to  reach  and  apply,  m  payment  01  a  debt,  any  by  creditors. 
property,  right,  title  or  interest,  legal  or  equitable,  of  a 
debtor,  within  or  without  this  Commonwealth,  which 
cannot  be  reached  to  be  attached  or  taken  on  execution 
in  an  action  at  law,  although  the  amount  of  the  debt 
is  less  than  one  hundred  dollars  or  the  property  sought 
to  be  reached  and  applied  is  in  the  hands,  possession  or 
control  of  the  debtor  independently  of  any  other  person 
or  cannot  be  reached  and  applied  until  a  future  time  or  is 
of  uncertain  value,  if  the  value  can  be  ascertained  by  sale, 
appraisal  or  by  any  means  within  the  ordinary  procedure 
of  the  court.  In  such  suit,  the  interest  of  the  defendant 
in  partnership  property  may  be  reached  and  applied  in 
payment  of  the  plaintiffs  debt ;  but  unless  it  is  a  judg- 
ment debt,  the  business  of  the  partnership  shall  not  be 
enjoined  or  otherwise  interrupted  further  than  to  restrain 
the  withdrawal  of  au}^  portion  of  the  debtor's  share  or 
interest  therein  until  the  plaintiff's  debt  is  established  ; 
and  if  either  partner  gives  to  the  plaintiff  a  sufficient 
bond  Avith  sureties  approved  by  the  clerk,  conditioned  to 
pay  to  the  plaintiff  the  amount  of  his  debt  and  costs 


484 


Acts,  1902.  — Chap.  544. 


•  R.  L.  161,  §  14, 
amended. 


Service  of  cer- 
tain writs. 


R.  L.  163,  §  2, 
amended. 


Courts  of  insol- 
vency to  be 
Courtis  of 
superior  juris- 
diction, etc. 


R.  L.  184,  §  33, 
amended. 


Partition  of 
lan<i  in  probate 
court. 


within  thirty  days  after  it  is  established,  the  court  shall 
proceed  no  further  therein  than  to  establish  the  del)t ;  and 
upon  the  tilinii'  of  such  bond,  any  injunction  previously 
issued  in  sucli  suit  shall  be  dissolved. 

Section  24.  Section  fourteen  of  chapter  one  hundred 
and  sixty-one  of  the  Revised  Laws  is  hereby  amended 
by  striking  out  the  word  "less  ",  in  the  second  line,  and 
inserting  in  place  thereof  the  Avord  :  —  more,  —  so  as  to 
read  as  follows  :  —  Section  14.  Such  writs  shall  be  served 
not  less  than  seven  days  before  the  return  day,  which 
shall  be  not  more  than  sixty  days  after  the  date  thereof, 
and  they  may  run  into  any  county  in  which  the  defendant 
may  be  found. 

Section  25.  Section  two  of  chapter  one  hundred  and 
sixtj^-tliree  of  the  Revised  Laws  is  hereby  amended  by 
striking  out  the  words  "probate  court",  in  the  eighth 
line,  and  inserting  in  place  thereof  the  words  :  —  courts 
of  insolvency,  —  so  as  to  read  as  follows  :  —  Section  2. 
The  courts  of  insolvency  shall  be  courts  of  superior  and 
general  jurisdiction  with  reference  to  all  cases  and  matters 
in  which  they  have  jurisdiction,  and  it  shall  not  be  nec- 
essary for  any  order,  decree,  sentence,  warrant,  writ  or 
process  which  may  be  made,  issued  or  pronounced  by 
them,  to  set  out  any  adjudication  or  circumstances  with 
greater  particularity  than  would  be  required  in  other 
courts  of  superior  and  general  jurisdiction,  and  the  like 
presumption  shall  be  made  in  favor  of  proceedings  of  the 
courts  of  insolvency  as  would  be  made  in  favor  of  pro- 
ceedings of  other  courts  of  superior  and  general  jurisdic- 
tion. 

Section  2G.  Section  thirty-three  of  chapter  one  hun- 
dred and  eighty-four  of  the  Revised  Laws  is  hereby 
amended  by  striking  out  the  word  "partition",  in  the 
third  and  fourth  lines,  and  inserting  in  place  thereof  the 
word  :  —  petition,  —  and  by  striking  out  the  word  "  peti- 
tion ",  in  the  fifth  line,  and  inserting  in  place  thereof  the 
word  :  — partition,  —  so  as  to  read  as  follows  :  —  Section 
33.  If  partition  is  made  in  the  probate  court,  it  shall  be 
made  as  hereinafter  provided  for  partition  of  the  estate 
of  a  deceased  person  ;  and  if  a  party  dies  during  the 
pendency  of  the  petition ,  the  share  or  proportion  belong- 
ing to  him  may  be  assigned  in  his  name  to  his  estate,  to 
be  held  and  disposed  of  as  if  the  partition  had  been  made 
prior  to  his  decease. 


Acts,  1902.  — Chap.  54A.  485 

Section  27.     Section  four  of  chapter  one  hundred  and  R-li92,  §4, 

,  *■  amended. 

ninety-two  ot  the  Revised  Laws  is  hereby  amended  by 
strildng  out  all  of  said  section  after  the  word  ' '  orders  ", 
in  the  eighth  line,  and  inserting  in  place  thereof  the 
words :  —  The  court  at  any  time  after  the  petition  is 
presented  may  impose  costs  upon  any  party,  may  issue 
an  injunction  and  may  order  the  proceedings  brought  up  ; 
and,  after  they  are  brought  up,  may  quash  or  aflirm  them, 
or  may  make  such  order,  judgment  or  decree  as  laAv  and 
justice  may  require,  —  so  as  to  read  as  follows  :  —  Section  Certiorari, 
4.  A  petition  for  a  writ  of  certiorari  to  correct  errors  in  decree°etX" ' 
proceedings  Avhich  are  not  according  to  the  course  of  the 
common  law  may  be  presented  to  a  justice  of  the  supreme 
judicial  court  and  he  may,  after  notice,  hear  and  deter- 
mine the  same.  The  writ  shall  not  be  issued  unless  the 
petition  therefor  is  presented  within  six  years  next  after 
the  proceedings  complained  of.  It  may  be  issued  from 
the  clerk's  office  in  any  county  and  shall  be  returnable 
as  the  court  orders.  The  court  at  any  time  after  the 
petition  is  presented  may  impose  costs  upon  any  party, 
may  issue  an  injunction  and  may  order  the  proceedings 
brought  up  ;  and,  after  they  are  brought  up,  may  (juash 
or  affirm  them,  or  may  make  such  order,  judgment  or 
decree  as  law  and  justice  may  require. 

Section  28.     Section    forty  of  chapter  two  hundred  R-l  208.  §4o, 

■^  ^  repealed . 

and  eight  of  the  Revised  Laws  is  hereby  repealed. 

Section  29.     Section  sixty-one  of  chariter  two  hundred  ^- 1- 208,  §  ci, 

.  ^  ,  ameuded. 

and  eight  of  the  Revised  LaAvs  is  hereb}"  amended  by 
inserting  after  the  Avord  "more",  in  the  fifth  line,  the 
Avord  :  —  than,  —  so  as  to  read  as  folloAvs  :  —  Section  61.  ^bt°a1n^n^°' 
Whoever,  Avith  intent  to  defraud,  by  a  false  pretence  of  under  false 
carrying  on  business  and  dealing  in  the  ordinary  course 
of  trade,  obtains  from  any  person  goods  or  chattels  shall 
be  punished  by  imprisonment  in  the  state  prison  for  not 
more  than  five  years  or  by  a  fine  of  not  more  than  five 
hundred  dollars  and  imprisonment  in  jail  for  not  more 
than  tAvo  years. 

Section  80,     Section  one  hundred  of  chapter  tAvo  hun-  r.  L.208,  §  100, 
dred  and  eight  of  the  Revised  Laws  is  hereby  amended  "™*°^'^^- 
by   inserting  after   the   Avord    "maliciously",    where   it 
appears  in  the  first  and  third  lines  of  said  section,  the 
words  :  —  or  wantonly,  —  so  as  to  read    as  folloAvs  :  — 
Section  100.     Whoever  AvilfuUy  and  maliciously  or  Avan-  Penalty  for 
tonly  cuts  down,  destroys  or  injures  a  tree  which  is  not  to  treU/fences, 


486  Acts,  1902.  — Chap.  544. 

his  own,  standing  for  any  useful  purpose,  or  whoever 
wilfully  and  maliciously  or  wantonly  breaks  glass  in  a 
building  which  is  not  his  own,  or  whoever  wilfully  and 
maliciously  breaks  down,  injures,  mars  or  defaces  a  fence 
belonging  to  or  enclosing  land  which  is  not  his  own,  or 
wilfully  and  maliciously  throws  down  or  opens  a  gate, 
bars  or  fence,  and  leaves  the  same  down  or  open,  or 
maliciously  and  injuriously  severs  from  the  freehold  of 
another  any  produce  thereof  or  anything  attached  thereto, 
shall  be  punished  by  imprisonment  for  not  more  than  six 
months  or  by  a  fine  of  not  more  than  five  hundred  dollars. 

^mMcfed.' ^  ^''^'  Sectiox  .31.  Scctiou  oue  hundred  and  one  of  chapter 
two  hundred  and  eight  of  the  Revised  Laws  is  hereby 
amended  by  striking  out  the  words  "  Avilfully  and  mali- 
ciously", in  the  first  line,  and  inserting  in  place  thereof 
the  word:  —  wantonly, — so   as   to  read   as   follows:  — 

in^uryto plants,  Secfion    101.      Whocvcr    wautouly   injures,    defaces   or 

mint,' ete. '"^"*'  destro3^s  a  shrub  or  plant  or  an  object  or  fixture  of  orna- 
ment or  utility  in  a  public  way  or  place  or  in  any  enclosure 
shall  forfeit  not  less  than  five  nor  more  than  one  hundred 
dollars,  one  half  to  the  use  of  the  complainant  and  one 
half  to  the  use  of  the  owner  of  the  property  injured, 
defaced  or  destroyed. 

Siiended!^  ""^'  SECTION  32.  Scction  ouc  hundred  and  two  of  chapter 
two  hundred  and  eight  of  the  Revised  Laws  is  hereby 
amended  by  striking  out  the  words  "wilfully  and  mali- 
ciously ",  in  the  first  line,  and  inserting  in  place  thereof 
the  word:  —  wantonly,  —  so  as  to  read  as  follows:  — 

iiOu?yHo  shade  Section    102.      Whoever  wantonly   injures,    defaces  or 

trees,  etc.  dcstroys  au  ornamental  or  shade  tree  in  a  public  way  or 

place,  or  negligently  or  wilfully  suffers  an  animal,  driven 
by  or  for  him  or  belonging  to  him  and  lawfuU}^  in  a  public 
way  or  place,  to  injure,  deface  or  destroy  such  tree,  or 
whoever,  by  any  other  means,  negligently  or  wilfully 
injures,  defaces  or  destroys  such  tree,  shall  forfeit  not  less 
than  five  nor  more  than  one  hundred  dollars,  one  half  to 
the  use  of  the  complainant  and  one  half  to  the  use  of  the 
city  or  town  in  Avhich  said  act  is  committed  ;  and  shall 
in  addition  thereto  lie  liable  to  said  city  or  town  or  other 
person  interested  in  said  tree  for  all  damages  caused  by 
such  act. 

^liiended' ^  ^*^^'  SECTION  33.  Section  one  hundred  and  six  of  chapter 
two  hundred  and  eight  of  the  Revised  T^aws  is  hereby 
amended  by  striking  out  the  words  "and  maliciously, 


Acts,  1902.  — Chap.  54A.  487 

and  without  permission  of  the  owner  or  person  having 
control  thereof",  in  the  first  and  second  lines,  and  insert- 
ing in  place  thereof  the  words  :  —  intentionally  and  with- 
out right,  —  so  as  to  read  as   follows: — /Section    106.  Penalty  for 

o       '     _  ^  _  .  entering 

Whoever  wilfully,  intentionally  and  without  right  enters  orchard,  etc. 
upon  the  orchard,  garden  or  other  improved  land  of 
another,  with  intent  to  cut,  take,  carry  away,  destroy  or 
injure  the  trees,  grain,  grass,  hay,  fruit  or  vegetables 
there  growing  or  being,  shall  be  punished  by  imprison- 
ment for  not  more  than  six  months  or  b}^  a  fine  of  not 
more  than  five  hundred  dollars  ;  and  if  the  offence  is  com- 
mitted on  the  Lord's  day,  or  in  disguise,  or  secretly  in 
the  night  time,  the  imprisonment  shall  not  be  less  than 
five  days  nor  the  fine  less  than  five  dollars. 

Section  34.     Section  four  of  chapter  two  hundred  and  R- 1- '-'2o.  §  4, 

.  1  amended. 

twenty  of  the  Revised  Laws  is  hereby  amended  by  adding 

at  the  end  thereof  the  words  :  —  If  a  person  is  convicted 

of  a  misdemeanor  which  is  punishable  by  imprisonment, 

he  may,  unless  it  is   otherwise   expressly  provided,  be 

sentenced  to  imprisonment  either  in  the  jail  or  in  the  house 

of  correction,  —  so  as  to  read  as  follows: — Section  4.  Sentence,  if  no 

If  no  punishment  for  a  crime  is  provided  by  statute,  the  provided  by 

statute 

court  shall  impose  such  sentence,  according  to  the  nature 
of  the  crime,  as  conforms  to  the  common  usage  and  prac- 
tice in  this  Commonwealth.  If  a  person  is  convicted  of 
a  misdemeanor  which  is  punishable  by  imprisonment,  he 
may,  unless  it  is  otherwise  expressly  provided,  be  sen- 
tenced to  imprisonment  either  in  the  jail  or  in  the  house 
of  correction. 

Section  35.  Section  two  of  chapter  one  hundred  and  Repeal. 
ninety  and  chapter  four  hundred  and  eleven  of  the  acts 
of  the  year  nineteen  hundred  and  two  are  hereby  repealed  ; 
but  nothing  in  this  act  shall  be  construed  as  repealing  any 
act  of  the  year  nineteen  hundred  and  two  not  expressly 
repealed  by  this  act. 

Section  36.    This  act  shall  take  effect  upon  its  passage. 

Approved  June  28,  1902. 


488 


Acts,  1902.  — Chap.  545. 


AppropriationB. 


QJiar).54:5  ^^  ^^t  in  further  addition  to  an  act  making  appropriations 

FOR  SUNDRY  MISCELLANEOUS  EXPENSES  AUTHORIZED  DURING  THE 
PRESENT  YEAR  AND  FOR  CERTAIN  OTHER  EXPENSES  AUTHORIZED 
BY   LAW. 

Be  it  enacted,  etc.,  as  follows  : 

Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth from  the  ordinary  revenue,  for  the  purposes 
specitied  in  certain  acts  and  resolves  of  the  present  year, 
and  for  certain  other  expenses  authorized  by  law,  to 
wit :  — 

For  the  salary  of  the  third  clerk  in  the  office  of  the 
board  of  commissioners  of  savings  banks,  as  authorized 
by  chapter  four  hundred  and  ninety  of  the  acts  of  the 
present  year,  a  sum  not  exceeding  six  hundred  and  fifty 
dollars. 

For  the  further  improvement  of  the  channel  between 
Vineyard  Sound  and  Osterville  bay  in  the  town  of  Barn- 
stable, as  authorized  by  chapter  four  hundred  and  ninety- 
one  of  the  acts  of  the  present  year,  a  sum  not  exceeding 
seventy-five  hundred  dollars. 

For  expenses  in  connection  with  the  protection  of  trees 
and  slirul>s  from  injurious  insects  and  diseases  by  the  state 
board  of  agriculture,  as  authorized  by  chapter  four  hun- 
dred and  ninety-five  of  the  acts  of  the  present  3^ear,  a 
sum  not  exceeding  one  thousand  dollars. 

For  equipping  an  addition  to  the  New  Bedford  textile 
school,  to  be  expended  under  the  direction  of  the  trustees 
of  said  school,  as  authorized  by  chapter  seventj^-nine  of 
the  resolves  of  the  present  year,  the  sum  of  eight  thousand 
dollars. 

For  expenses  of  the  commission  to  investigate  the 
method  of  supporting  public  schools,  as  authorized  by 
chapter  one  hundred  and  fifteen  of  the  resolves  of  the 
present  year,  a  sum  not  exceeding  twenty-five  hundred 
dollars. 

For  fuel  and  lights  at  the  state  house,  including  coal, 
Avater,  gas  and  removal  of  ashes,  a  sum  not  exceeding 
eight  thousand  dollars,  the  same  to  be  in  addition  to  any 
amount  heretofore  appropriated  for  the  same  purpose. 

For  the  compensation  of  the  assistant  clerk  of  the 
superior  court  designated  to  act  as  clerk  for  the  hearing 


CommissionerB 
of  savings 
banks,  third 
clerk. 


Improvement 
of  channel 
lielAveen  Vine- 
yard Sound  and 
Osterville  bay. 


Protection  of 
trees  and  shrubs 
from  injurious 
insectB,  etc. 


New  Bedford 
textile  school. 


Commission  to 
investigate 
method  of  sup- 
porting i^ublic 
schools. 


Fuel  and  lights 
at  state  house. 


Assistant  clerk 
of  superior 
court. 


Acts,  1902.  — Chap.  545.  489 

of  cases  from  counties  other  than  Suffolk,  as  authorized 
by  cliapter  four  hundred  and  ninety-nine  of  the  acts  of 
the  present  year,  the  sum  of  two  liundred  and  fifty  dollars. 

For  necessary  expenses  of  the  board  of  commissioners  commissioners 
for  the   promotion    of  uniformity   of  legislation   in   the  otumfo'^muy 
United  States,  as  authorized  by  chapter  five  hundred  and  "hi  ui^ted°" '" 
one  of  the  acts  of  the  present  year,   the  sum  of  three  states. 
hundred  ninety-five  dollars  and  six  cents. 

For  expenses  in  connection  Avith  the  examination  of  the  Massachusetts 
water  supply  for  the  Massachusetts  reformatory,  as  author-  '*  °™^'°'y- 
ized  by  chapter  one  hundred  and  seventeen  of  the  resolves 
of  the  present  3^ear,  a  sum  not  exceeding  one  thousand 
dollars. 

For  certain  improvements  at  the  Worcester  insane  hos-  Worcester 
pital,  as  authorized  by  chapter  one  hundred  and  eighteen  ^""'"^  bospuai. 
of  the  resolves  of  the  present  year,  a  sum  not  exceeding 
sixteen  thousand  dollars. 

For  the  improvement  by  the  harbor  and  land  conmiis-  improvement 
sioners  of  Apponagansett  harbor  in  the  town  of  Dart-  sit^harbTr!'*" 
mouth,  as  authorized  by  chapter  five  hundred  and  nine  of 
the  acts  of  the  present  year,  a  sum  not  exceeding  thirty 
thousand  dollars. 

For  certain  improvements  at  the  Massachusetts  state  Massachusetts 
sanatorium,  as  authorized    by  chapter  one  hundred  and  rium.**""*"' 
nineteen  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  twenty-five  hundred  dollars. 

For  enlarging  the  Grey  lock  state  reservation,  as  author-  Greyiock  state 
ized  by  chapter  five  hundred  and  fourteen  of  the  acts  of  ''^'*^''^'**'°°- 
the  present  year,  a  sum  not  exceeding  twent}^  thousand 
dollars. 

For  Lydia  V.  Jarvis,  widow  of  William  H.  Jarvis  late  widow  of 
a  messenger  for  the  executive  department,  as  authorized  jllvis!"  ^" 
by  chapter  one  hundred  and  twenty-three  of  the  resolves 
of  the  present  year,  the  sum  of  seven  hundred  dollars. 

For  a  survey  and  estimate  by  the  board  of  harbor  and  Estimate  of 

;■  .-'_  _    ,  cost  of  acquir- 

land   commissioners    to  determine  the  cost  of  acquiring;  lugpartof 

,  1-nr  TIT  1  Mouut  lom 

a  part  oi   Mount   iom  and  Mount  JNonotuck  as  a  state  and  Mount 

,.  ji'ii  iv  111  1    Nonotuck  as  a 

reservation,  as  authorized  b}^  chapter  one  hundred  and  state  reserva- 
tweuty-four  of  the  resolves  of  the  present  year,  a  sum  not  *'°"" 
exceeding  two  thousand  dollars. 

For  certain   imi^rovements  at  the   Lyman   school   for  Lyman  school 
boys,  as  authorized  by  chapter  one  hundred  and  twent}'- 
five  of  the  resolves  of  the  present  year,  a  sum  not  exceed- 
ing eleven  thousand  five  hundred  dollars. 


for  boys. 


490 


Acts,  1902.  — Chap.  545. 


Expenses  of 
investif^ation, 
etc.,  iiH  to  a  new 
eaiiutoriiiin  for 
couaumptives. 


Executive 
lueBsenger. 


Salary  of  asslBt- 
ant  diwtrict 
attorney,  east- 
ern district. 


Medfield  insane 
asylum. 


For  expenses  in  connection  with  an  investigation  and 
report  by  the  state  board  of  charity  as  to  a  new  sanato- 
rium for  consumptives,  as  authorized  by  cliapter  one  hun- 
dred and  twenty-six  of  tlie  resolves  of  the  present  year, 
a  sum  not  exceeding  two  thousand  dollars. 

For  the  salary  of  the  messenger  for  the  executive 
department,  a  sum  not  exceeding  five  hundred  and  fifty 
dollars,  and  for  the  salary  of  the  assistant  messenger  for 
the  executive  department,  a  sum  not  exceeding  four  hun- 
dred and  fifty  dollars,  both  of  which  are  authorized  by 
chapter  five  hundred  and  twenty-three  of  the  acts  of  the 
present  year.  So  much  of  chapter  three  of  the  acts  of 
the  present  year  as  appropriates  twelve  hundred  dollars 
for  the  salary  of  the  executive  messenger  is  hereby  re- 
[)oaled. 

For  the  salary  of  the  assistant  district  attorney  for  the 
eastern  district,  as  authorized  by  chapter  five  hundred  and 
thirty  of  the  acts  of  the  present  year,  a  sum  not  exceed- 
ing one  hundred  and  fifty  dollars,  the  same  to  be  in  addi- 
tion to  any  amount  heretofore  appropriated  for  the  same 
))urpose. 

For  the  purchase  of  land  for  the  Medfield  insane  asy- 
lum, as  authorized  by  chapter  one  hundred  and  twenty- 
eight  of  the  resolves  of  the  present  year,  a  sum  not 
exceeding  two  thousand  dolhirs. 

Segtjon  2.     This  act  sliall  take  ed'ect  upon  its  passage. 

Approved  June  28,  1902. 


Resolyes,  1902.  — Chaps.  1,  2,  3.  491 


RESOLVES. 


Resolve  to  provide  for  printing  and  distributing  additional  njirirt      1 
COPIES  OF  THE  revised  laws. 

Resolved^  That  the  secretary  of  the  Commonwealth  is  Additional 
authorized  to  have  printed  three  hundred  and  fifty  addi-  RevUedLaws. 
tional  copies  of  the  Revised  Laws.  From  this  additional 
number  each  member  of  the  present  general  court  who 
has  not  already  recci\'ed  copies  of  the  said  laws  shall  be 
furnished  with  two  co})ies,  and  the  remaining  copies  shall 
be  retained  in  the  oHice  of  the  secretary  of  the  Common- 
wealth, to  be  disposed  of  as  provided  by  chajiter  one 
hundred  and  twenty-three  of  the  resolves  of  the  year 
nineteen  hundred  and  one. 

Approved  February  6,  1902. 

Resolve  to  authorize  the  treasurer  and  receiver  general  (^Jifft^       9 

TO   borrow   money   IN   ANTICIPATION    OF   REVENUE. 

JResolved,  That  the  treasurer  and  receiver  general  is  Treasurer  to 
hereby  authorized  to  borrow,  in  anticipation  of  the  re-  inL'i°ti^i^a°uon 
ceipts  of  the  present  year,  sucli  sums  of  money  as  may  ^'^ '''^^''^""*'- 
from  time  to  time  be  necessary  for  the  payment  of  ordi- 
iva,ry  demands  on  the  treasury,  at  any  time   before  the 
expiration  of  fifteen  days  after  the  meeting  of  the  next 
general  court,  at  such  rates  of  interest  as  shall  be  found 
necessary ;  and  that  he  shall  repay  any  sums  borrowed 
under  this  resolve  as   soon   as  money  sufficient  for  the 
purpose,  and  not  otherwise  appropriated,  is  received  into 
the  treasury.  Approved  February  6,  1902. 

Resolve  relative   to  the  publication    of  the  bulletin  of  nif^i^^       Q 

COMMITTEE   HEARINGS. 

Resolved,  That  the  luiblication  of  the  bulletin  of  com-  Publication  of 

•  1      n     1  1  ii  i       1        i»    ii         '     •     A.   bulletin  of 

mittee  hearings  shall  be  under  the  control  oi  tlie  joint  committee 
committee  on  rules,  who  shall  appoint  the  editor  thereof    ®"""**" 


492 


Resolves,  1902.  —  Chaps.  4,  5,  6. 


and  fix  his  compensation.  The  bills  for  editing  and  print- 
ing the  bulletin  shall  be  appro v^ed  by  the  senate  or  house 
chairman  of  the  joint  committee  on  rules  before  being 
filed  in  the  auditor's  ofiice  for  allowance.  The  sergeant- 
at-arms  shall  mail  copies  of  the  bulletin  to  persons  mak- 
ing application  therefor,  on  payment  of  the  sum  of  two 
dollars.  All  sums  of  money  received  for  the  bulletin 
shall  be  paid  to  the  treasurer  of  the  Commonwealth  once 
each  month.  Approved  February  10^  1902. 


Chcip.     4  Resolve  relative  to  expenditures  by  officials  of  the  com- 
monwealth AND  HEADS  OF  DEPARTMENTS. 


Expenditures 
by  officials  of 
the  Common- 
wealth, etc. 


Resolved^  That  heads  of  departments  and  ofiicials  hav- 
ing supervision  of  or  charge  of  expenditures  in  behalf  of 
the  Commonwealth  for  which  no  appropriations  have  been 
made  are  hereby  authorized  to  continue  the  several  de- 
partments of  service  under  their  charge  during  the  month 
of  February  until  such  appropriations  are  made  therefor 
or  the  pleasure  of  the  present  general  court  in  respect 
thereto  is  made  known.        Approved  February  11,  1902. 


Chap.      5  Resolve  to  provide   for  the  compensation    of  the  person 

EMPLOYED   TO   MAKE   AN  INDEX   OF  THE   REVISED   LAWS. 


Hesolved,  That  the  compensation  and  expenses  of  the 


Compensation, 
etc.,  of  person 

m^ki^aMndex    P^rson  employed  to  make  an  index  of  the  Revised  Laws, 
to  the  Revised    under  authority  of  chapter  one  hundred  and  eleven  of  the 

Laws,  '^ 

resolves  of  the  year  nineteen  hundred  and  one,  be  referred 
to  the  governor  and  council,  who  are  authorized  to  fix 
the  compensation  and  to  approve  bills  for  expenses  ;  and 
the  amounts  so  fixed  and  approved  shall  be  paid  out  of  the 
treasury  of  the  Commonwealth. 

Approved  February  11,  1902. 


CJiaj). 


(j  Resolve  to  provide  for  the  repayment  of  a  sum  of  money 

TO  THE  CLERK  OF  THE  POLICE  COURT  OF  LOWELL. 


Clerk  of  police 
court  of 
Lowell. 


Besolved,  That  the  sum  of  three  hundred  dollars  be 
paid  out  of  the  treasury  of  the  Commonwealth  to  the 
clerk  of  the  police  court  of  Lowell,  this  sum  having 
been  received  by  the  said  clerk  as  fines  paid  for  violation 
of  the  oleomargarine  law,  so-called,  and  through  a  mis- 
take paid  by  him  into  the  treasury  of  the  C^onmion wealth 
instead  of  into  the  treasury  of  the  city  of  Lowell,  as  the 
law  required.  Approved  February  11,  1902. 


Resolves,  1902.  —  Chaps.  7,  8,  9,  10.  493 


Resolve  in  favok  of  the  Massachusetts  charitable  eye  and  /^7,>^.j       7 
ear  infirmary. 

BesoJred,  That  there  be  allowed   and   paid  out  of  the  Massachusetts 
treasury    of   the    C^oiumonwealth    to    the    Massachusetts  andKaViniirm- 
C'haritablc  Eye  and  Ear  Infirmary,  the  sum  of  twenty-  ^^^' 
fiye  thousand  dollars,  to  be  expended  under  the  direc- 
tion of  the  managers  thereof  for  the  charitable  purposes 
of  the  said  infirmary  during  the  year  nineteen  hundred 
and  two.  Approved  Febrtiary  18,  1902. 


Chap,     8 


Resolve  relative  to  the  acceptance  by  the  commonwealth 

OF   A   memorial  of   ROGER   WOLCOTT. 

Resolved,  That  the  governor  and  council,  in  the  exercise  Memorial  of 
of  their  discretion,  may  accept  for  the  Commonwealth  ^^^^ 
the  tender  of  a  memorial  of  Koger  Wolcott,  late  gov- 
ernor of  the  Commonwealth,  and  may  grant  to  the  com- 
mittee and  their  successors  in  charge  of  such  memorial  a 
suitable  site  for  its  erection,  within  the  state  house  or 
upon  the  grounds  adjoining  the  state  house. 

Approved  February  20,  1902. 

Resolve  to  confirm  certain    acts  of  john  j.   Collins  as  a  QJidf)^      9 

JUSTICE   OF  the   peace. 

Resolved,  That  the  acts  of  John  J.  Collins  of  Boston  certain  acts  of 
as  a  justice  of  the  peace,  between  the  tenth  day  of  Janu-  as  a  juJtice  of 
ary  and  the  first  day  of  November  in  the  year  nineteen  firmed!'^*' ''°"" 
hundred  and  one,  are  hereby  confirmed  and  made  valid, 
to  the  same  extent  as  if  during  that  time  he  had  been 
qualified  to  discharge  the  duties  of  said  office. 

Approved  February  20,  1902. 

Resolve  to  confirm  certain  acts  of  j.  robert  fenelon  as  a  (^]jpq^    1Q 

JUSTICE   of   the   peace.  ^   ' 

Resolved,  That  the  acts  of  J.  Robert  Fenelon  as  a  jus-  certain  acts  of 
tice  of  the  peace,  between  the  seventeenth  day  of  Ma}^  in  ei'oi^  as  a  justice 
the  year  nineteen  hundred  and  one  and  the  thirteenth  day  confirmed?^ 
of  January  in  the  year  nineteen  hundred  and  two,  are 
hereby  confirmed  and  made  valid,  to  the  same  extent  as 
if  during  that  time  he  had  been  qualified  to  discharge  the 
duties  of  said  office.  Ajyprooed  February  20, 1902, 


494  Resolves,  1902.  — CuArs.  11,  12,  13,  14. 


Gliaj)'  11       Resolve  in  favor  of  the  wife  of  Alexander  MoDOnald. 
Wife  of  Resolved,  That  there  be  allowed  and  paid  out  of  the 

McDonald.  treasury  of  the  Common  wealth  to  the  wife  of  Alexander 
McDonald  of  Lynn,  the  sum  of  forty-seven  dollars  and 
one  cent,  the  amount  of  a  warrant  issued  under  date  of 
August  fourth,  eighteen  hundred  and  ninety-eight,  in 
favor  of  said  McDonald,  who  is  supposed  to  be  dead, 
said  Avarrant  not  having  been  paid  and  the  appropriation 
for  the  payment  of  the  original  warrant  having  reverted 
to  the  treasury  of  the  Commonwealth. 

Approved  February  25,  1902. 


Chan.  12  Resolve  to  provide  for  certain  improvements  at  the  state 

normal  school  at  framingham. 

Sorar"'  unsolved,  That  there  be  allowed  and  paid  out  of  the 

Framingham.  trcasury  of  the  Commonwealth  a  sum  not  exceeding 
sixty-five  hundred  dollars,  to  be  expended  under  the  di- 
rection of  the  state  board  of  education  in  furnishing  the 
annex  of  the  state  normal  school  building  at  Framing- 
ham, in  the  equipment  of  its  laboratories,  and  in  grading 
the  grounds  near  the  new  building. 

Approved  February  25,  1902. 


CJion    18  Resolve  in  favor  of  ellen  ford. 

Ellen  Ford.  licsolved,  That  thcrc  be  allowed  and   paid  out  of  the 

treasury  of  the  CommonAvealth  an  annuity  of  five  hundred 
dollars  for  the  term  of  five  3'ears,  to  Ellen  Ford  of  Cam- 
bridge, Avhose  husband  was  killed  Avhile  at  work  on  the 
marble  panels  in  Memorial  Hall,  in  the  state  house,  in 
the  month  of  December,  nineteen  hundred  and  one  ;  the 
annuity  to  begin  on  the  first,  day  of  January,  nineteen 
hundred  and  two,  and  to  be  paid  in  equal  quarterly  instal- 
ments. Should  the  said  Ellen  Ford  re-many  or  die  the 
annuity  aforesaid  shall  be  paid  for  the  remainder  of  the 
term  to  her  children.  Approved  February  25,  1902. 

ChciT)'  14  Resolve  in  favor  of  ledyard  bill,  executor. 

LedyardBiii,  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Ledyard  Bill  of  the 
town  of  Paxton,  as  executor  of  the  will  of  D.  Kussell 


Resolves,  1902.  — Chaps.  15,  16,  17,  18.  495 

Boynton  of  said  Paxton,  the  sum  of  one  hundred  dollars, 
that  amount  having  been  paid  into  the  treasury  by  mis- 
take on  account  of  the  collateral  inheritance  tax. 

Approved  February  27,  1902. 

Resolve  to  provide    fok  an    appkopriation  for  dedicating  njiff^j    I5 

THE     MONUMENT     ON     DORCHESTER     HEIGHTS     IN      THE      CITY     OF 
BOSTON. 

Besolved,  That  the  sum  of  five  thousand  dollars  be  al-  ^,^f/,^Son 
lowed  and  paid  out  of  the  treasury  of  the  Commonwealth,  noi Chester 
to  be  expended  under  the  direction  of  the  governor  and 
council  in  paying  the  cost  of  dedicating,  on  Evacuation 
Day,  the  seventeenth  day  of  ^Nlarch,  in  the  year  nineteen 
hundred  and  two,  the  monument  on  Dorchester  Heights 
in  the  city  of  Boston  which  has  been  erected  in  memory 
of  the  evacuation  of  Boston  by  the  British  troops. 

Approved  March  5,  1902. 

Resolve  to  confirm  certain  acts  of  walter  ii.  southwick  f^Jfrftj    Ig 

AS   A  master  in   chancery. 

I^esoJved,  That  all  acts  of  Walter  H.  Southwick  as  a  certain  acts  of 
master  in  chancery,  between  the  twentieth  day  of  Sep-  southwick  aa  a 
tember  in  the  year  eighteen  hundred  and  ninety-nine  and  "hancery  con- 
the  fifteenth  day  of  December  in  the  year  nineteen  hun-  ^''^ed. 
dred  and  one,  are  hereby  confirmed  and  made  valid,  to 
the  same  extent  as  though  he  had  been  during  that  time 
qualified  to  discharge  the  duties  of  said  office. 

•  Approved  March  12,  1902. 

Resolve  in  favor  of  john  p.  ryan.  CJinr)    17 

Resolved,  That  there  be  allowed  and  paid  out  of  the  johnp.  Ryan. 
treasury  of  the  Commonwealth  to  John  P.  Rj^an  of  Law- 
rence the  sum  of  seven  hundred  and  twenty-nine  dollars, 
in  full  compensation  for  injuries  received  by  him  while  in 
the  performance  of  his  duties  as  armorer  at  the  state 
armory  in  Lawrence.  Approved  March  12,  1902. 

Resolve  to  provide  for  reimbursing  the  town  of  new  ash-  rtjfnj^    18 

FORD    FOR     expense     INCURRED     IN     REPAIRING     CERTAIN     HIGH-  ^  * 

ways. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Town  of  New 
treasury  of  the  Commonwealth  to  the  town  of  New  Ash-  burse^dfo?™ 
ford  the  sum  of  five  hundred  dollars,  to  reimburse  the  duure".^''^^"' 


496  Resolves,  1902.  — Chaps.  19,  20,  21. 

toAvn  for  certain  extraordinary  expenditures  needed  upon 
a  liiahway  in  the  said  town  leading  to  the  Greylock  state 
reservation  and  used  mainly  by  persons  trav^elling  to  and 
from  the  said  reservation  ;  and  also  for  extraordinary 
expenditures  upon  the  highwa}^  leading  from  Pittstield 
through  the  said  town  to  the  town  of  Williamstown. 

Approved  3Iarch  12,  1902. 

Chwn.   19  Re&olve  to  provide  fok  collecting  portraits  of  auditors  of 

THE   COMMONWEALTH. 

Portraits  of  Resolved,  That  there  be  allowed  and  ])aid  out  of  the 

anditors.  '  a 

treasury  of  the  Commonwealth  from  the  ordinary  revenue, 
a  sum  not  exceeding  five  hundrcKl  dollars,  to  be  expended 
under  the  direction  of  the  auditor  of  the  Commonwealth 
in  procuring  the  portraits  of  all  the  auditors  who  have 
served  the  Commonwealth  from  the  establishment  of  the 
office  in  eighteen  hundred  and  forty-nine  up  to  and  in- 
cluding the  year  nineteen  hundred  and  two.  The  por- 
traits so  procured  shall  be  hung  in  the  rooms  of  the  auditor. 

Approved  March  12,  1902. 

Chap.  20  Resolve  in  favor  of  the  town  of  perd. 

Town  of  Pern.  Hesolved,  That  there  be  allowed  and  paid  out  of  the 
income  of  the  Massachusetts  School  Fund  to  the  town  of 
Peru,  the  sum  of  one  hundred  fifty-two  dollars  and  thirty- 
nine  cents,  this  sum  being  the  additional  amount  which 
Peru  should  have  received  in  the  a4)portionment  of  Jan- 
uary twenty-fifth,  nineteen  hundred  and  one. 

Apjproved  March  12,  1902. 

ChaiJ.  21  Resolve  in  favor  of  the  lowell  textile  school. 

Lowell  Textile  Mesolved^  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  Trustees  of  the 
Lowell  Textile  School  the  sum  of  twenty  thousand  dol- 
lars, to  be  applied  to  the  purposes  of  the  school :  p7'o- 
vided,  that  no  part  of  this  sum  shall  be  paid  until 
satisfactory  evidence  is  furnished  to  the  auditor  of  ac- 
counts of  the  Commonwealth  that  an  additional  sum  of 
eight  thousand  dollars  has  been  paid  to  said  trustees  by 
the  city  of  Lowell,  or  received  by  them  from  other 
sources.  The  city  of  Lowell  is  hereby  authorized  to 
raise  by  taxation  and  pay  to  said  trustees  such  sum  of 


Kesolves,  1902.  — CuArs.  22,  23,  24,  25.  497 

money,  not  exceeding  eight  thousand  dollars,  as  may  be 
necessary  together  with  that  received  from  other  sources 
to  obtain  the  amount  provided  for  by  this  resolve. 

A2}2yroved  March  12,  1902. 

Resolve  in  favor  of  ella  Raymond.  ChuD    22 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Eiia  Raymond. 
treasury  of  the  Commonwealth  an  annuity  of  three  hun- 
dred dollars  to  Ella  Raymond  of  Maiden,  formerly  of 
Lowell,  whose  husband  was  rendered  unable  to  labor  by 
injuries  received  in  the  discharge  of  militia  duty  at  Fram- 
ingham.  Said  annuity  shall  begin  on  the  first  day  of 
January  in  the  year  nineteen  hundred  and  two,  shall  be 
paid  quarterly,  and  shall  continue  for  the  term  of  five 
years  should  said  Ella  Raymond  so  long  survive. 

Approved  March  19,  1902. 

Resolve  to  provide  for  a  heating  and  ventilating  plant  /^7,^,jj    oq 
for  the  lowell  textile  school.  ^  * 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Loweii  Textile 
treasury  of  the  Commonwealth  to  the  Trustees  of  the  ^'=^°°^- 
LoAvell  Textile  School  a  sum  not  exceeding  twenty-one 
thousand  seven  hundred  and  fifty  dollars,  to  be  expended 
in  the  purchase,  installing  and  housing  of  a  heating  and 
ventilating  plant  for  that  school. 

Approved  March  19,  1902. 

Resolve  to  provide  for  certain  repairs  and  improvements  ni^fn^    94 

AT   THE    STATE   NORMAL   SCHOOL  AT   WESTFIELD.  ^ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  normal 

J.  a   j.y        r^  ^i.^  i.  j  •  i.  Bchool  at  West- 

treasury  oi  the  Commonwealth  a  sum  not  exceeding  two  tieid. 
thousand  dollars,  to  be  expended  under  the  direction 
of  the  state  board  of  education  in  repairing  the  boilers, 
tinting  the  walls,  and  fitting  the  principal's  ofiice  in  the 
building  of  the  state  normal  school  at  Westfield,  and 
in  recoating  and  relaying  the  concrete  walks  around  the 
building.  Ap)proved  March  19,  1902. 

Resolve  in  favor  of  samdel  hillman  of  north  adams.        niinn    '2^ 
Resolved,  That  there  be  allowed  and  paid  out  of  the  sanmei 
treasury  of  the  Commonwealth    to  Samuel    Hilhiian  of  °'i^™*°- 


498 


Kesolves,  1902.  —  Chaps.  26,  27. 


North  Adams  an  annuity  of  three  hundred  and  sixty  dol- 
lars, payable  in  e(|ual  quarterl}^  instalments,  for  the  term 
of  five  years,  beginning  with  the  first  day  of  January  in 
the  year  nineteen  hundred  and  two,  for  injuries  sustained 
by  him  while  he  was  emploj^ed  at  the  Hoosac  tunnel,  his 
injuries  being  caused  by  an  explosion  of  nitro-glycerine 
negligently  placed  by  employees  of  the  Commonwealth. 
Chapter  ten  of  the  resolves  of  the  year  eighteen  hundred 
and  ninety-nine  is  hereby  repealed. 

Approved  March  19,  1902. 


Chap 


26  Resolve   to  provide    for  the  erection    of    a  memorial    to 
massachusetts  soldiers  who  took   part   in  the    siege  of 


Memorial  to 
Massachusetts 
soldiers  who 
took  part  iu 
siege  of  Vicks- 
burg. 


VICKSBURG. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  five 
thousand  dollars,  to  be  expended  under  the  direction 
of  a  commission  to  consist  of  three  persons  appointed  by 
the  governor,  in  the  erection  of  a  suitable  memorial  of 
the  three  Massachusetts  regiments,  namely,  the  twenty- 
ninth,  the  thirty-fifth  and  the  thirty-sixth,  which  took 
part  in  the  siege  of  Vicksburg.  The  commission  shall 
serve  without  compensation  but  shall  be  reimbursed  for 
necessary  expenses  actually  incurred  by  them.  The 
design  for  the  memorial  shall  be  submitted  to  and  ap- 
proved by  the  governor  and  council,  and  no  bills  con- 
tracted hereunder  shall  be  paid  by  the  auditor  unless  they 
are  approved  by  the  governor  and  council.  The  said 
memorial  shall  be  erected  in  the  National  Park,  near 
Vicksburg,  at  a  spot  to  be  selected  by  the  said  commis- 
sion and  by  the  national  military  park  commission,  and 
shall  be  completed  on  or  before  the  first  day  of  December 
in  the  year  nineteen  hundred  and  two. 

Approved  3Iarcli  19,  1902. 


ChciT).  27  Resolve  to  provide  for  an  additional  sum    of  money  for 

THE   CONSTRUCTION    OF    A  NEW    DORMITORY   AT    THE    STATE   NOR- 


State  normal 
school  at  West- 
field. 


MAL  SCHOOL   AT    WESTFIELD. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  CommonAvealth  a  sum  not  exceeding 
twenty-five  thousand  dollars,  to  be  expended  by  the 
state  board  of  education  in  the  construction  of  a  new  dor- 
mitory at  the  state  normal  school  at  Westfield,  this  sum 


Resolves,  1902.  —  Chaps.  28,  29,  30.  499 

being  in  addition  to  the  fifty  thousand  dollars  provided 
for  by  chapter  ninety-five  of  the  resolves  of  the  year 
nineteen  hundred  and  one.      Approved  March  19,  1902. 

Resolve  in  favor  of  charles  h.  sargekt  of  methuen.         Oh  an    28 
Rexolved,  That  there  be  allowed  and  paid  out  of  the  chariesu. 
treasury  of  the  Commonwealth  the  sum  of  one  hundred  ^*''s®°*- 
and  twenty-five  dollars  to  Charles  H.  Sargent  of  Melhuen, 
who  served  in  the  United  States  army  during  the  war  of 
the  rebellion  to  the  credit  of  the  town  of  Methuen  and 
who  never  received  a  bounty  for  such  service.     The  said 
Sargent  served  throughout  the  war  and  was  a  prisoner  at 
Anderson ville.  Approved  March  19,  1902. 

Resolve  to  authorize  the  board  of  railroad  commissioners  /nr?  OQ 

TO   INVESTIGATE  THE  VALUE   OF  THE  POWER  BRAKE  AS  A   SAFETY  ^  '    "*' 

DEVICE  UPON   THE   CARS   OF   STREET  RAILWAY  COMPANIES. 

Bei^oJved,  That  the  board  of  railroad  commissione'rs  is  Railroad  com. 
hereby  authorized  and  directed  to  investigate  the  practical  iSveeUgate  *" 
application  and  operation  of  the  power  brake  in  use  upon  brake °etc!"^^' 
certain  street  railways  in  this  Commonwealth,  and,  if  they 
see  fit,  of  the  power  brake  used  by  street  railway  com- 
panies elsewhere,  and  to  report,  after  such  public  hearing 
or  hearings  as  they  may  deem  necessary,  on  or  before  the 
fifteenth  day  of  January,  nineteen   hundred  and  three, 
upon  the  following  questions  :  — 

First.  Is  the  power  brake  superior  as  a  safety  device 
to  the  hand  brake  ? 

Second.  What  expense  would  be  entailed  upon  street 
railway  companies  by  the  equipment  of  their  rolling 
stock  with  the  power  brake  ? 

Third.  Would  public  safety  be  furthered  by  the  adop- 
tion of  a  power  brake  ? 

Fourth.  Within  what  time  might  the  street  railway 
companies  operating  in  this  Commonwealth  reasonably  be 
required  to  equip  theh*  rolling  stock  with  power  brakes, 
in  case  the  use  of  the  device  should  be  made  obligatory? 

Approved  March  26,  1902. 

Resolve  in  favor  of  annie  m.  babcock.  CJ?an    SO 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Annie  m. 
treasury  of  the  Commonwealth  the  sum  of  one  hundred  ^*^'=°°'^' 


500  Kesolves,  1902.  —  Chaps.  31,  32,  33,  34. 

dollars  to  Annie  M.  Babcock,  widow  of  George  W.  Bab- 
cock  who  served  in  the  civil  war  to  the  credit  of  the  town 
of  Beverly,  and  who  never  received  a  bounty  for  such 
service.  The  sum  allowed  by  this  resolve  shall  be  paid 
only  to  the  beneficiary  named  herein,  or  to  her  executor 
or  administrator.  Approved  March  26,  1902. 

Chap.    31   I^KSOLVE     TO     PROVIDE     FOK     THE     PRESERVATION     OF     THE     WAR 
RECORDS   IN   THE   OFFICE   OF   THE  ADJUTANT   GENERAL. 

waTrelords"  "^  l^^solved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  fif- 
teen hundred  dollars,  to  be  expended  under  the  direction 
of  the  adjutant  general  in  preserving  war  records  worn 
by  age  and  use,  said  sum  to  be  in  addition  to  any  unex- 
pended part  of  the  amount  authorized  to  be  expended  for 
this  purpose  by  chapter  forty  of  the  resolves  of  the  year 
nineteen  hundred  and  one.      Approved  March  26,  1902. 

CIlCll).  32  Resolve  to  provide  for  certain  repairs  at  the  state  prison. 

state  prison.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  the  following  sums,  to  be 
expended  at  the  state  prison  under  the  direction  of  the 
board  of  prison  commissioners  :  —  For  replacing  the  trap 
entrance  and  providing  a  new  wall  after  the  change  in  the 
grade  crossing  at  Austin  street  is  completed,  a  sum  not 
exceeding  six  thousand  dollars  ;  and  for  repairs  on  the 
roofs  of  the  buildings,  a  sum  not  exceeding  two  thousand 
dollars.  A2)p)roved  March  26,  1902. 

Chan.  33  Resolve  to  authorize  the  purchase  of  new  books  for  the 

library  at   the   MASSACHUSETTS   REFORMATORY. 

reformatory?^  R^solved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  one 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  board  of  prison  commissioners  in  the  purchase  of  new 
books  for  the  library  at  the  Massachusetts  reformatory. 

Ajjproved  March  26,  1902. 

Chav.  34  Resolve  in  favor    of  Lemuel    d.   burr    and  anna    burr    of 

CAMBRIDGE. 

Lemuel  D.  and        liesolved,  That  tlicrc  be  allowed  and  paid  out  of  the 

Anna  Burr,  '■ 

treasury  of  the  Commonwealth  from  the  ordinary  revenue 


Eesolves,  1902.  —  Chaps.  35,^36/  501 

the  sum  of  one  hundred  and  fifty  dollars,  to  Lemuel  D. 
Burr  and  Anna  Burr,  children  of  the  late  Lemuel  Burr  of 
Cambridge,  who  was  a  member  of  the  Poukapoag  tribe  of 
Indians,  for  their  support.       Approved  March  26,  1902. 

Resolve  to  provide  for  certain  improvements  at  the  north-  njinj)    35 

AMPTON   INSANE   HOSPITAL. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Northampton 
treasury  of  the  Commonwealth  a  sum  not  exceeding  thirty-  *°^^°''  ^oi^v^ux. 
five  hundred  dollars,  to  be  expended  under  the  direction 
of  the  trustees  of  the  Northampton  insane  hospital  in  pro- 
viding a  new  boiler  and  new  machinery  for  the  carpenter 
and  machine  shops  at  said  hospital.  The  above  amount 
shall  be  paid  from  any  receipts  that  may  be  paid  into 
the  treasury  of  the  Commonwealth  by  said  hospital. 

Approved  March  27,  1902. 

Resolve  granting  a  county  tax  for  the  county  of  berk-  /^^^^    'XiX 

SHIRE.  ^ 

Resolved,  That  the  following  sums  are  hereby  appro-  county  tax, 
priated  for  the  expenses  of  the  county  of  Berkshire  for  ^^'■^*^'''^- 
the  year  nineteen  hundred  and  two  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  four 
thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  twelve  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not 
exceeding  four  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twenty  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  thirty  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not 
exceeding  nine  thousand  five  hundred  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  five  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  one  hundred 
dollars. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sum  not  exceeding  two  hundred  dollars. 


502  Kesolves,  1902.  — Chap.  37. 

BerkBhire!'  ^^r  medical  examiners,  inquests,  and  commitments  of 

the  insane,  a  sum  not  exceeding  two  thousand  five  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  thousand  five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
'     ings,  a  sum  not  exceeding  twenty-two  thousand  five  hun- 
dred dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  five  thousand  two  hundred 
dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  fifteen  thousand  dollars. 

For  truant  schools,  a  sum  not  exceeding  one  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  one  thousand  dollars. 

For  the  care  and  maintenance  of  the  Greylock  state 
reservation,  a  sum  not  exceeding  one  thousand  five  hun- 
dred dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for 
the  current  year,  in  the  manner  provided  by  law,  the 
sum  of  one  hundred  fifteen  thousand  four  hundred  sixty- 
three  dollars  and  ninety-eight  cents,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  March  27,  1902. 

GhcLT).  37    Resolve  granting  a  countv  tax  fok  the  county  ob-  essex. 
County  tax,  Resolvecl,  That  the  following  sums  are  hereby  appro- 

priated for  the  expenses  of  the  county  of  Essex  for  the 
year  nineteen  hundred  and  two  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  seven 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  thirty  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not 
exceeding  fifteen  thousand  five  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  fort3^-two  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 


Kesolves,  1902.  — Chap.  38.  503 

port  of  prisoners  in  jails  and  houses  of  correction,  a  sum  county  tax, 
not  exceeding  fifty-six  thousand  dollars.  Essex. 

For  criminal  costs  in  the  superior  court,  a  sum  not 
exceeding  thirty-five  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  twenty-two  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  five  thousand 
dollars. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sum  not  exceeding  six  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  ten  thousand  five  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing six  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  eighteen  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  fourteen  thousand  dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  thirty  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  eight  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  five  thousand  dollars. 

And  the  county  conimissioners  of  said  county  are 
hereby  authorized  to  levy  as  the  county  tax  of  said 
county  for  the  current  3"ear,  in  the  manner  provided  by 
law,  the  sum  of  two  hundred  and  fifty-eight  thousand 
dollars,  to  be  expended,  together  with  the  cash  balance 
on  hand  and  the  receipts  from  other  sources,  for  the 
above  purposes.  Approved  March  27^  1902. 


Resolve  granting  a  county  tax  for  the  county  of  franklin.  (JJicin,  38 
Resolved^  That  the  following  sums  are  hereby  appro-  county  tax, 

priated  for  the  expenses  of  the  county  of  Franklin  for    ^^^  ^' 

the  year  nineteen  hundred  and  two  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  two 

thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 


504:  Kesolves,  1902.  — Chap.  38. 

County  tax,       j^^y   ^  g^j^j   ^^q^  exceedinsT  six  thousand  three  hundred 

Fraukhn.  '  o 

dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding two  thousand  five  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  six  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  nine  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding six  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  six  thousand  dollars. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sum  not  exceeding  five  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  one  thousand  two  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing six  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  two  thousand  five  hundred 
dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  two  thousand  eight  hundred 
dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  ten  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  five  hundred 
dollars. 

For  truant  schools,  a  sum  not  exceeding  three  hundred 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  one  thousand  five  hundred 
dollars. 

And  the  county  commissioners  of  said  county  are 
hereby  authorized  to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the  manner  provided  by 
law,  the  sum  of  forty-nine  thousand  two  hundred  twenty- 
four  dollars  and  seventy-five  cents,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  March  27,  1902. 


Resolves,  1902.  —  Chap.  39.  505 


Chap.  39 


Resolve  granting  a   county  tax  for  the  county  of  Hamp- 
shire. 

Resolved,  That  the  following  sums  are  hereby  appro-  county  tax, 
priated  for  the  expenses  of  the  county  of  Hampshu-e  for  Hampshire. 
the  year  nineteen  hundred  and  two  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  two 
thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  seven  thousand  five  hundred 
dollars. 

For  clerical  assistance  in  county  ofiices,  a  sum  not  ex- 
ceeding three  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  seven  thousand  five  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  ten  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding five  thousand  five  hundred  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  five  thousand  three  hundred 
dollars. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sum  not  exceeding  three  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  one  thousand  six  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing one  thousand  five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  four  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  four  thousand  five  hundred 
dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  fifteen  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  one  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  one  thouaand 
dollars. 


506  Resolves,  1902.  — Chaps.  40,  41,  42. 

Ha^psh^l!  For  miscellaneous  and  contingent  expenses  of  the  cur- 

rent 3'ear,  a  sum  not  exceeding  two  thousand  dollars. 

And  the  county  commissioners  of  said  county  are  hereby 
authorized  to  levy  as  the  county  tax  of  said  county  for 
the  current  3^ear,  in  the  manner  provided  by  law,  the  sum 
of  sixty  thousand  eight  hundred  tifty  dollars  and  foiu-teen 
cents,  to  be  expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the  above 
purposes.  Approved  March  27,  1902. 

CJlCip.  40  Resolve  in  favor  of  patience  fidelia  clinton  of  the  iias- 

SANAMISCO   TKIBE   OF   INDIANS. 

cuntoT™'"'  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  selectmen  of  the 
town  of  Grafton,  beginning  with  the  first  day  of  January 
in  the  year  nineteen  hundred  and  tAvo,  and  pa^^able  in 
equal  quarterly  instalments,  an  annuity  of  two  hundred 
dollars  for  the  benefit  of  Patience  Fidelia  Clinton,  of  the 
Hassanamisco  tribe  of  Indians,  for  the  rest  of  her  life,  to 
be  expended  by  the  selectmen  for  her  support. 

Ap>proved  March  27,  1902. 

GJlCtp.  41  Resolve  in  favor  of  george  o.  bent. 

£t?^*^'  Resolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  George  O.  Bent  of 
Framingham,  beginning  with  the  first  day  of  January  in 
the  year  nineteen  hundred  and  two,  an  annuity  of  six 
hundred  dollars,  for  the  term  of  five  j'^ears,  payable  in 
equal  quarterly  instalments,  on  account  of  injuries  re- 
ceived by  him  at  the  reformatory  prison  for  women  while 
in  the  employ  of  the  Commonwealth. 

Approved  March  27,  1902. 

CllCtp.  42  Resolve  to  provide  for  preparing  and  printing  an  account 

OF  TUE   BROWN  TAIL   MOTH   AND  OF  THE   BEST  METHODS   FOR  DE- 
STROYING  the   SAME. 

hUtory^d/**''  Resolved,  That  there  be  allowed  and  paid  out  of  the 
moth"etc.^  treasury  of  the  Commonwealth  a  sum  not  exceeding  one 
thousand  dollars,  for  preparing  and  printing,  under  the 
direction  of  the  state  board  of  agriculture,  in  an  edition 
of  two  thousand  copies,  a  histor}^  of  the  brown  tail  moth, 
with  an  account  of  its  habits  and  of  the  best  methods 
for  destroying  the  same.  Approved  March  28, 1902. 


Resolves,  1902.  — Chaps.  43,  44,  45,  46.  507 


Resolve  to  provide  for  the  purchase  of  equipment  for  the  riji^.j^    4Q 

FIRST  regiment   OF   HEAVY   ARTILLERY.  ^ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Purchase  of 
treasury  of  the  Commonwealth,  upon  vouchers  approved  firgt?^tmenY 
by  the  quartermaster  general,  a  sum  not  exceeding  fifteen  artnierj. 
hundred   dollars,   to   be   expended  by  the    commanding 
officer  of  the  first  regiment  of  heavy  artillery,  Massachu- 
setts volunteer  militia,  for  the  purchase  of  text-books, 
scientific  instruments,  and  such  other  equipment  as  may 
be  required  for  the  instruction  of  said  regiment  as  coast 
artillery.  Approved  April  1,  1902. 

Resolve  to  provide  for  new  furniture  for  the  room  occu-  ni^rtrn    A  A 

PIED   BY   THE   JOINT   COMMITTEE   ON   THE   JUDICIARY.  "' 

Resolved,  That  the  scrgeant-at-arms  is  hereby  author-  New  furniture 
ized  and  directed  to  furnish  the  committee  room  used  by  p^d  by^o^int"' 
the  joint  committee  on  the  judiciary,  and  numbered  two  Judiciary.^  °" 
hundred  and  tAventy-seven,  with  sixteen  circular  desks 
and  sixteen  swivel  chairs,  at  a  cost  not  exceeding  one 
thousand  dollars,  and  that  the  cost  be  paid  from  the  an- 
nual appropriation  for  the  current  year  for  the  care  and 
repair  of  the  state  house  and  for  furniture  therein. 

Approved  April  1,  1902. 


Clicvp.  45 


Resolve  to  authorize  the  bureau  of  statistics  of  labor  to 

PRINT    AND    distribute    TWO    THOUSAND    COPIES    OF     THE    LAWS 

relating  to  labor. 

Resolved,  That  the  chief  of  the  bureau  of  statistics  of  Printing  etc., 

•       11  1-1  1  •  -\  11-      ^^^^  relating  to 

labor  IS  hereby  authorized  to  have  prmted  under  his  labor. 
supervision  two  thousand  copies  of  the  laws  of  the  Com- 
monwealth relating  to  labor,  and  to  distribute  them  in 
such  manner  as  he  shall  deem  best.  The  expense  of  print- 
ing and  distributing  the  same  shall  be  paid  out  of  the 
appropriation  for  contingent  expenses  of  the  bureau  of 
statistics  of  labor.  Approved  April  1,  1902. 

Resolve  relative  to  the  state  printing.  Clinn    4n 

Resolved,  That  the  chairman  of  the  committee  on  print-  state  printing. 
ing  on  the  part  of  the  senate,  the  chairman  of  the  said 
committee  on  the  part  of  the  house  of  representatives, 
the  secretary  of  the  Commonwealth,  the  treasurer  and 


508  Kesolves,  1902.  —  Chap.  47. 

receiver  general,  the  auditor  of  accounts,  the  clerk  of  the 
senate,  and  the  clerk  of  the  house  of  representatives,  are 
hereby  directed  to  advertise  for  proposals  for  the  execu- 
tion of  all  the  printing  for  tlie  several  departments  of  the 
government  of  the  Commonwealth,  except  office  station- 
ery and  blank  books,  for  a  term  of  three  or  five  years  from 
the  first  day  of  July  in  the  year  nineteen  hundred  and 
two.  They  shall  take  into  consideration  the  circum- 
stances and  facilities  of  the  several  bidders  for  the  Avork 
as  well  as  the  terms  offered  ;  they  may  reject  any  bids 
received,  and  they  shall  aAvard  the  contract,  which  shall 
be  based  upon  a  working  day  of  eight  hours  and  equal  pay 
for  equal  work  performed  by  men  and  women,  at  such 
rates  as  they  shall  decide  to  be  equitable  between  em- 
ployer and  employed,  to  that  bidder  whom  in  their  judg- 
ment the  interests  of  the  Commonwealth  may  require 
them  to  select ;  and  they  shall  execute  such  contract  in 
the  name  and  behalf  of  the  Commonwealth.  Bonds  satis- 
factory to  the  said  officers,  to  an  amount  not  less  than 
ten  thousand  dollars,  shall  be  given  by  the  party  to  whom 
such  contract  is  awarded,  for  the  faithful  performance  of 
the  contract.  Ajyproved  Ajjril  1,  1902. 

Glial)'  47  Resolve  granting  a  county  tax  for  the  county  of  Bristol. 
County  tax,  Resolvecl,  That  the  following  sums  are  hereby  appro- 

priated for  the  expenses  of  the  county  of  Bristol  for  the 
year  nineteen  hundred  and  two  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  forty- 
eight  thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
sixty  thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  twenty-one  thousand  five  hun- 
dred dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding nine  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twenty-five  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  eighty-five  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding twenty-two  thousand  dollars. 


Resolves,  1902.  — Chap.  48.  509 

For  civil  expenses  in  the  supreme  judicial  and  superior  county  tax, 
courts,  a  sum  not  exceeding  twenty  thousand  dollars.         Bristol. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sum  not  exceeding  five  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  eight  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  thousand  five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  twenty-eight  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  sixteen  thousand  dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  fifteen  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  six  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  five  thousand  dollars. 

And  the  county  commissioners  of  said  county  are 
hereby  authorized  to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the  manner  provided  by 
law,  the  sum  of  three  hundred  five  thousand  fifty-four 
dollars  and  five  cents,  to  be  expended,  together  with  the 
cash  balance  on  hand  and  the  receipts  from  other  sources, 
for  the  above  purposes.  Approved  April  1,  1902. 

RkSOLVE   granting  a  county  tax  for  the  county  of   HAMPDEN.    QJi/yjj     4g 

Resolved,  That  the  following  sums  are  hereby  appro-  county  tax, 
priated  for  the  expenses  of  the  county  of  Hampden  for    ^™p''®'*- 
the  year  nineteen  hundred  and  two  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  ten 
thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
thirty-five  thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  thirteen  thousand  five  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding twelve  thousand  five  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twenty-two  thousand  dollars. 


510  Eesolves,  1902.  — Chap.  49. 

Haa?pden.^*  Foi'  salarics  of  jailers,  masters  and  assistants,  and  sup- 

port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  twenty-six  tliousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding five  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  twenty-one  thousand  dollars. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sum  not  exceeding  tliree  hundred  dol- 
lars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  five  thousand  five  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
five  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  eight  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  ten  thousand  dollars. 

For  highwa3\s,  bridges  and  land  damages,  a  sum  not 
exceeding  fourteen  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand 
five  hundred  dollars. 

For  truant  schools,  a  sum  not  exceeding  eisfht  thousand 
five  hundred  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  twenty-one  thousand  two 
hundred  thirteen  dollars  and  forty-four  cents. 

And  the  county  commissioners  of  said  count}^  are 
hereby  authorized  to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the  manner  provided  by 
law,  the  sum  of  one  hundred  and  fifty  thousand  dollars, 
to  be  expended,  together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the  above  pur- 
poses. Ap2yroved  April  1,  1902. 

Chctp,  4:9  Resolve  granting  a  county  tax  for  the  county  of  middle- 
sex. 

MWdiJeex^'  Befiolved,  That  the  following  sums  are  hereby  appro- 

priated for  the  expenses  of  the  county  of  Middlesex  for 
the  year  nineteen  hundred  and  two  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  forty- 
seven  thousand  five  hundred  dollars. 


Resolves,  1902.  — Chap.  49.  511 

For  reduction  of  county  debt,  a  sum    not    exceedins^  county  tax, 

^,  1     1    II  Middlesex. 

Sixty-one  thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  thirty-four  thousand  seven  hun- 
dred dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding sixty-eight  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  seventy-tliree  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  one  hundred  and  thirty-six  thousand  dol- 
lars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding thirty-two  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  forty-eight  thousand  dollars. 

For  trial  justices,  a  sum  not  exceeding  tliree  thousand 
dollars. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sum  not  exceeding  five  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  twelve  thousand  five 
hundred  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing eight  thousand  dollars. 

For  building  county  buildings,  a  sum  not  exceeding 
eight  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  twenty-nine  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  forty-tlu'ee  thousand  dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  forty  thousand  dollars. 

For  law  libraries,  a  sum  not  exceeding  two  thousand 
dollars. 

For  truant  schools,  a  sum  not  exceeding  twenty-one 
thousand  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  five  thousand  dollars. 

And  the  county  commissioners  of  said  county  are 
hereby  authorized  to  levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  provided  by  law,  the 


512  Resolves,  1902.  — Chap.  50.^ 

sum  of  five  hundred  and  sixty  thousand  one  hundred  thirty 
dollars  and  seven  cents,  to  be  expended,  together  with  the 
cash  balance  on  hand  and  the  receipts  from  other  sources, 
for  the  above  purposes.  Approved  April  i,  1902. 

ChciV.  50  Resolve  granting  a  county  tax  fob  the  county  of  Norfolk. 
County  tax,  Resolved,  That  the  following  sums  are  hereby  appro- 

priated for  the  expenses  of  the  county  of  Norfolk  for  the 
year  nineteen  hundred  and  two  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  four 
thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding  fif- 
teen thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  seventeen  thousand  seven  hun- 
dred dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding eio:hteen  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  twenty-five  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  tAventy-six  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding eighteen  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  fifteen  thousand  dollars. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sum  not  exceeding  three  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  four  thousand  five  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing two  thousand  five  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  two  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  eleven  thousand  dollars. 

For  highways,  Ijridges  and  land  damages,  a  sum  not 
exceeding  thirty-five  thousand  dollars. 

For  truant  schools,  a  sum  not  exceeding  four  thousand 
dollars. 


Eesolyes,  1902.  — Chap.  51.  513 

For  miscellaneous  and  contingent  expenses  of  the  cur-  County  tax, 

Norfolk. 

rent  year,  a  sum  not  exceeding  four  thousand  dollars. 

And  the  county  commissioners  of  said  county  are 
hereby  authorized  to  leyy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  proyided  by  law,  the 
sum  of  one  hundred  forty  thousand  four  hundred  seyen- 
teen  dollars  and  sixty-one  cents,  to  be  expended,  to- 
gether with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  aboye  purposes. 

Approved  April  1,  1902. 


Resolve  granting  a  county  tax  for  the  county  of  Plymouth.  /nr7,,.„    ri 

Resolved,  That  the  following  sums  are  hereby  appro- county  tax, 
priated  for  the  expenses  of  the  county  of  Plymouth  for  ^'^5'™°"*^- 
the  year  nineteen  hundred  and  two  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  two 
thousand  five  hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
fifteen  thousand  six  hundred  seventy-two  dollars  and 
seventy-nine  cents. 

For  salaries  of  county  ofiicers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  nine  thousand  six  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not 
exceeding  five  thousand  five  hundred  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  fifteen  thousand  five  hundred  dol- 
lars. ^ 

For  salaries  of  jailers,  masters  and  assistants,  and 
support  of  prisoners  in  jails  and  houses  of  correction,  a 
sum  not  exceeding;  thirteen  thousand  five  hundred  dol- 
lars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding sixteen  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  ten  thousand  dollars. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sum  not  exceeding  four  hundred  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  three  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
two  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build-r 


514  Resolves,  1902.  — Chap.  52. 

piymduth^'  i"&'''  ^  ^^^^^  ^^^^  exceeding  tliree  thousand  five  hundred 
dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  three  thousand  five  hundred 
dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  ten  thousand  dollars. 

For  truant  schools,  a  sum  not  exceeding  three  thou- 
sand dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  uot  exceeding  six  thousand  eight  hun- 
dred seventy-four  dollars  and  nineteen  cents. 

And  the  county  commissioners  of  said  county  are 
hereby  authorized  to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the  manner  provided  by 
laAV,  the  sum  of  ninety  thousand  dollars,  to  be  expended, 
together  with  the  cash  balance  on  hand  and  the  receipts 
from  other  sources,  for  the  above  purposes. 

Approved  xipril  i,  1902. 

(JhciV.  52  Resolve  granting  a  county  tax  for  the  countv  of  dukes 

COUNTY. 

Duk"7county.  liesolved^  That  the  following  sums  are  hereby  appro- 
priated for  the  expenses  of  the  county  of  Dukes  County 
for  the  year  nineteen  hundred  and  two  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  three 
hundred  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  two  thousand  two  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding one  hundred  and  fifty  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  eight  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and 
support  of  prisoners  in  jails  and  houses  of  correction,  a 
sum  not  exceeding  five  hundred  dollars. 

For  crhninal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding two  hundred  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  nine  hundred  dollars. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sun]  not  exceeding  lifty  dollars. 


Eesolves,  1902.  — Chap.  53.  515 

For  medical  examiners,  inquests,  and  commitments  of  Dute^county. 
the  insane,  a  sum  not  exceeding  one  hundred  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceeding 
one  hundred  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  seven  hundred  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  four  hundred  dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  one  thousand  seven  hundred  dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent year,  a  sum  not  exceeding  eleven  hundred  dollars. 

And  the  county  commissioners  of  said  county  are 
hereby  authorized  to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the  manner  provided  by 
law,  the  sum  of  eight  thousand  eight  hundred  dollars,  to 
be  expended,  together  with  the  cash  balance  on  hand 
and  the  receipts  from  other  sources,  for  the  above  pur- 
poses. Approved  April  2,  1902. 


Chajp.  53 


Resolve  granting  a  county  tax  for  the  county  of  avorces- 

TER. 

Resolved,  That  the  following  sums  are  hereby  appro-  county  tax, 
priated  for  the  expenses  of  the  county  of  Worcester  for  Worcester, 
the  year  nineteen  hundred  and  two  :  — 

For  interest  on  count}"  del)t,  a  sum  not  exceeding 
twelve  thousand  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
forty  thousand  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  twenty-live  thousand  dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding thirty-eight  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  forty-five  thousand  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  fifty  thousand  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding twenty  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  twenty  thousand  dollars. 


516  Kesolves,  1902.  —  Chaps.  54,  55. 

\vor°cJ8ter.'  ^or  trial  justices,  a  sum  not  exceeding  five  thousand 

dollars. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sum  not  exceedins^  eis^ht  hundred  dol- 
lars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  silm  not  exceeding  ten  thousand  dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing live  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  five  thousand  dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  twenty-five  thousand  dollars. 

For  highways,  bridges  and  land  damages,  a  sum  not 
exceeding  twenty-one  thousand  dollars. 

For  truant  schools,  a  sum  not  exceeding  ten  thousand 
dollars. 

For  miscellaneous  and  contingent  expenses  of  the  cur- 
rent 3^ear,  a  sum  not  exceeding  seventeen  thousand  two 
hundred  dollars. 

And  the  county  commissioners  of  said  county  are 
hereby  authorized  to  levy  as  the  county  tax  of  said 
county  for  the  current  year,  in  the  manner  provided  by 
law,  the  sum  of  two  hundred  and  eighty  thousand  dol- 
lars, to  be  expended,  together  with  the  cash  balance  on 
hand  and  the  receipts  from  other  sources,  for  the  above 
purposes.  Approved  April  8,  1902. 

Chcin.  54  Resolve  in  favor  of  daniel  coonan. 

Daniel  coonan.  Besolvecl,  That  tlicrc  ])e  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth,  from  the  Massachusetts 
Volunteers'  Fund,  the  sum  of  tliree  hundred  and  twenty- 
five  dollars  to  Daniel  Coonan,  who  served  in  the  civil 
war  as  a  member  of  the  thirty-sixth  regiment,  Massachu- 
setts volunteers,  to  the  credit  of  the  city  of  Worcester, 
and  who  never  received  the  state  bounty  promised  for  such 
service.  A2->proved  April  8,  1902. 


Chap. 


nn  Resolve  to  provide  for  the  publication  of  certain  special 


LAWS. 


Certain  special        liesolved,  That  the  spcK'ial  acts  of  this  Commonwealth, 
ashed?  '®^"'"  passed  in  the  years  eighteen  hundred  and  ninety-eight  to 


Kesolves,  1902.  — Chap.  56.  517 

nineteen  hundred  and  one,  inclusive,  be  collated  and  pub- 
lished under  the  direction  of  the  secretary  of  the  Com- 
monwealth, in  a  volume  as  nearly  as  may  be  in  conformity 
with  the  volume  of  special  laws  last  printed. 

Resolved,  That  fifteen  hundred  copies  of  the  volume  DiBtribution. 
aforesaid  be  printed  and  distributed  as  follows  :  —  One 
hundred  copies  for  use  in  the  various  state  offices  and  in 
the  committee  rooms  and  offices  of  the  two  branches  of 
the  general  court ;  one  copy  to  each  member  of  the  present 
general  court ;  one  copy  to  each  of  the  justices  of  the 
supreme  judicial  and  superior  courts  and  to  each  judge 
of  probate  and  insolvency  ;  two  hundred  copies  for  the 
state  library,  six  copies  of  Avhich  shall  be  preserved  upou 
the  shelves,  and  the  residue  used  in  exchanges  ;  one  copy 
to  each  city  and  town  in  the  Commonwealth,  to  be  placed 
in  the  city  or  town  library,  when  such  library  exists ;  one 
copy  to  each  public  and  each  incorporated  library  in  the 
Commonwealth,  other  than  a  city  or  town  library  ;  one 
copy  to  each  registry  of  deeds  ;  one  copy  to  each  of  the 
clerks  of  the  courts  in  each  county  :  fifty  copies  to  be 
retained  in  the  office  of  the  secretary  of  the  Common- 
wealth ;  and  the  remaining  copies  to  be  disposed  of  by 
the  secretary  of  the  Commonwealth  to  individual  pur- 
chasers at  cost,  the  money  received  therefor  to  be  paid 
into  the  treasury  of  the  Commonwealth:  jjrovided,  that  ProviBo.etc. 
no  copies  shall  be  sold  for  the  purpose  of  re-sale.  The 
secretary  shall  cause  to  be  pasted  on  the  inside  of  the 
cover  of  each  copy  delivered  b}^  him  to  any  public  officer 
for  the  use  of  his  office  a  paper  stating  that  fact,  and  that 
such  copy  is  to  be  transmitted  by  the  present  incumbent 
at  the  expiration  of  his  term  of  office  to  his  successor  in 
such  office.  Approved  April  8,  1902. 

Resolve  in  favor  of  Frederick  c.  margerum.  ChciJ).  dQ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Frederick  c. 
treasury  of  the  Conmionwealth  the  sum  of  one  hundred  ^''s^''"™- 
and  twenty-five  dollars  to  Frederick  C.  Margerum  of 
Worcester,  or  his  legal  representatives,  a  veteran  of  the 
civil  war  who  served  in  the  fifteenth  Massachusetts  regi- 
ment, company  G,  to  the  credit  of  the  town  of  Grafton, 
and  who  never  received  a  bounty  for  such  service. 

Ap)proved  April  8,  1902. 


518  Eesolves,  1902.  —  Chaps.  57,  58,  59,  60. 


Chcip.   57  Resolve  in  favor  of  deknis  cashman. 

DenniB  I^esolved,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Dennis  Cashman,  who 
served  in  company  B,  seventeenth  regiment,  Massachu- 
setts volunteers,  in  the  civil  war,  the  sum  of  one  hundred 
and  twenty-five  dollars,  the  amount  of  a  bounty  promised 
to  him  by  vote  of  the  town  of  Danvers  on  account  of  his 
enlistment  in  said  service,  which  sum  he  would  have  been 
entitled  to  receive  from  the  Commonwealth  under  the 
provisions. of  chapter  five  hundred  and  twenty-five  of  the 
acts  of  the  year  eighteen  hundred  and  ninety-eight,  if  his 
claim  had  seasonably  been  filed. 

Approved  April  8,  1902. 


Chap.  58 


fro  Resolve  to  authorize  the  board  of  harbor  and  land  com- 
missioners TO  dispose  of  certain  equipment  used  in  im- 
proving the   channel  of  the  CONNECTICUT  RIVER. 

Certain  equip.        Resolvecl,  That  the  board  of  harbor  and  land  commis- 

improving        sioucrs  is  hcrcby  authorized  to  sell  and  dispose  of  the 

ocnmecticut       SCOWS,  tools,  material  and  equipment  collected  for  use  in 

duposedof.       improving  the  channel  of  the  Connecticut  river,  which 

cannot  be  utilized  in  other  work  carried  on  by  said  board. 

The  proceeds  of  such  sales  shall  be  paid  into  the  treasury 

of  the  Commonwealth.  Approved  Ajjril  8,  1902. 

f~ij  rq  Resolve  in  favor  of  charles  e.  mitchell. 

Charles  E.  Bei^olved.,  That  there  be  allowed  and  paid  out  of  the 

treasury  of  the  Commonwealth  to  Charles  E .  Mitchell  the 
sum  of  three  thousand  dollars,  the  said  Mitchell  being  a 
wardroom  steward  on  the  training  ship  Enterprise,  who  on 
the  seventh  day  of  August  in  the  year  nineteen  hundred 
and  one  received  injuries  while  in  the  discharge  of  his 
duty  which  necessitated  the  amputation  of  his  left  foot. 

Approved  Ajyril  9,  1902. 


Mitchell. 


Chap.  (30 


Resolve  relative  to  the  custody  of  the  records  and  plans 

OF    the   proprietors  of   ROCHESTER. 

CuBtody  of  Befiolved,  That  all  records  and  plans  of  the  Proprietors 

plans'^ofThe        of  Rochcstcr  shall,  under  the  direction  of  the  commis- 
Rocheste"/.*  °^    sioucr  of  public  records,  be  deposited  in  the  registry  of 
deeds  for  the  county  of  Plymouth. 

Approved  April  11^  1902. 


Barnstable. 


Resolves,  1902. -^  Chap.  61.  519 


Resolve  granting  a   county  tax  for  the  county  of  barn-  QJinyy    gl 

STABLE. 

JiesolvecL   That  the  following  sums  are  hereby  appro-  county  tax, 
priated  for  the  expenses  ot  the  county  of  Barnstable  for 
the  year  nineteen  hundred  and  two  :  — 

For  interest  on  county  debt,  a  sum  not  exceeding  six 
hundred  dollars. 

For  reduction  of  county  debt,  a  sum  not  exceeding 
nine  hundred  dollars. 

For  salaries  of  county  officers  and  assistants,  fixed  by 
law,  a  sum  not  exceeding  five  thousand  seven  hundred 
dollars. 

For  clerical  assistance  in  county  offices,  a  sum  not  ex- 
ceeding one  thousand  dollars. 

For  salaries  and  expenses  of  district  and  police  courts, 
a  sum  not  exceeding  four  thousand  nine  hundred  dollars. 

For  salaries  of  jailers,  masters  and  assistants,  and  sup- 
port of  prisoners  in  jails  and  houses  of  correction,  a  sum 
not  exceeding  four  thousand  three  hundred  dollars. 

For  criminal  costs  in  the  superior  court,  a  sum  not  ex- 
ceeding fifteen  thousand  dollars. 

For  civil  expenses  in  the  supreme  judicial  and  superior 
courts,  a  sum  not  exceeding  two  thousand  five  hundred 
dollars. 

For  transportation  expenses  of  county  and  associate 
commissioners,  a  sum  not  exceeding  three  hundred  and 
fifty  dollars. 

For  medical  examiners,  inquests,  and  commitments  of 
the  insane,  a  sum  not  exceeding  one  thousand  one  hun- 
dred dollars. 

For  auditors,  masters  and  referees,  a  sum  not  exceed- 
ing one  thousand  dollars. 

For  repairing,  furnishing  and  improving  county  build- 
ings, a  sum  not  exceeding  one  thousand  five  hundred 
dollars. 

For  fuel,  lights  and  supplies  in  county  buildings,  other 
than  jails  and  houses  of  correction,  and  for  care  of  the 
same,  a  sum  not  exceeding  one  thousand  five  hundred 
dollars. 

For  highways,  including  state  highways,  bridges  and 
land  damages,  a  sum  not  exceeding  eight  thousand  dollars. 

For  truant  schools,  a  sum  not  exceeding  one  hundred 
dollars. 


520  Resolves,  1902.  — Chaps.  62,  63. 

BarnstaWe.'  For  iiiiscellaneous  and  contingent  expenses  of  the  cur- 

rent year,  a  sum  not  exceeding  four  hundred  and  fifty 
dollars. 

And  the  county  commissioners  of  said  county  are 
hereby  authorized  to  levy  as  the  county  tax  of  said  county 
for  the  current  year,  in  the  manner  provided  by  law,  the 
sum  of  thirty-nine  thousand  five  hundred  dollars,  to  be 
expended,  together  with  the  cash  balance  on  hand  and 
the  receipts  from  other  sources,  for  the  above  purposes. 

Approved  April  11,  1902. 

Chcip.  62  Resolve    to    provide    for   medals    for    the    Massachusetts 

MINUTE-MEN   OF   1861. 

MM*lchuBettB  Resolved,  That  there  be  allowed  and  paid  out  of  the 
mi^nute-men  of  (;i.easury  of  the  Commonwealth  a  sum  not  exceeding  one 
thousand  dollars,  to  be  expended  under  the  direction  of 
the  adjutant  general  in  the  preparation  of  medals  to  be 
distributed  by  him  to  those  veterans  who,  as  members  of 
the  Massachusetts  volunteer  militia  organizations  selected 
by  the  governor,  responded  to  President  Lincoln's  first 
call  for  troops  on  the  fifteenth  day  of  April  in  the  year 
eighteen  hundred  and  sixty-one. 

Approved  April  15,  1902. 

GJlCi]).  63  Resolve  to  provide  for  (jiving  instruction  in  riding  to  the 

MOUNTED   MILITIA. 

ricHnrto°thi"  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  four 
thousand  dollars,  for  ofiving  instruction  in  riding  to  offi- 
cers  required  by  the  militia  laws  to  be  mounted,  to  non- 
commissioned officers,  buglers  and  drivers  of  the  light 
artillery,  to  enlisted  men  of  the  cavalry,  and  to  enlisted 
men  of  the  infantry  who  are  required  by  law  to  be 
mounted.  Certificates  signed  by  the  commanding  officer 
of  each  organization,  stating  the  number  of  men  in  his 
command  who  have  received  such  instruction  and  who 
have  ridden  at  least  five  times  under  proper  military  in- 
struction, shall  be  furnished  to  the  adjutant  general,  and 
upon  his  approval  payments  shall  be  made  from  said  sum 
to  the  commanding::  officer  of  each  organization  at  the  rate 
of  ten  dollars  for  each  man  in  his  command  so  certified 
to  have  received  such  instruction. 

Appro  ced  April  17,  1902. 


mouDted 
militia. 


Resolves,  1902.  — Chaps.  64,  65,  66.  521 


Resolve  in  favor  of  the  trustees  of  the  soldiers'  home  in  CjJiQr)^  ()4 

MASSApHUSETTS. 

Hemlved,  That  there  be  allowed  and  paid  out  of  the  Trustees  of 
treasury  of   the  Commonwealth  to  the  Trustees  of  the 
Soldiers'  Home  in  Massachusetts  the  sum  of  thirt^'-five 
thousand    dollars,   for    the    maintenance   of  a  home   for 
deserving  veteran  soldiers  and  sailors. 

Approved  April  17^  1902. 


Chap.  65 


Resolve  to  authorize  the  state  board  of  education  to 
receive  in  the  state  normal  schools  pupils  from  other 
states  and  countries. 

Resolved,   That  the  state  board  of  education  is  hereby  Pupusfiom 

,1.1,  ••,!,,  Ill  •!      Other  States  and 

authorized  to  receive  in  the  state  normal  schools  pupils  countries  m^y 
from  other  states  and  from  foreign  countries  upon  the  pay-  sfaiTnormai" 
ment  of  tuition  fees  ;   and  also  to  receive  in  said  schools  schools. 
upon  the  payment  of  tuition  fees  such  a  number  of  prop- 
erly qualilied  teachers  or  persons  intending  to  be  teachers, 
from  Porto  Rico,  Cuba,  Guam,  the  Sandwich  Islands  and 
the  Philippine  Islands,  as  they  may  deem  expedient,  and 
to  distribute  them  in  such  a  manner  among  the  several 
schools  aforesaid  as  will  avoid  an  excessive  demand  upon, 
or  serious  inconvenience   to,  the    existing  facilities  and 
equipment  of  the  schools.  Approved  April  17,  1902. 

Resolve  to  provide  for  compensating  winthrop  a.  gates  for  r^jj^.jj    (ifi 

LOSS    SUSTAINED    BV   THE   TAKING   OF    CERTAIN   LAND   IN   THE   CITY  ^   * 

OF  NEWTON    BY   THE   METROPOLITAN   PARK   COMMISSION. 

Remlved,  That  there  be  allowed  and  paid  out  of  the  winthrop  a, 
treasury  of  the  Commonwealth  to  AVinthrop  A.  Gates  or  ^'**^*" 
his  legal  representatives  such  sum,  not  exceeding  six  hun- 
dred dollars,  as  the  metropolitan  park  commission  shall 
certity  is  just  and  equitable  to  compensate  said  Gates  for 
any  loss  sustained  by  him  due  to  the  taking  by  the  Com- 
monwealth, through  said  commission,  of  land  in  Newton 
on  the  banks  of  the  Charles  river,  with  timber  standing 
thereon.  Said  sum  shall  be  paid  from  the  Metropolitan 
Parks  Loan  Fund,  Approved  April  17,  1902. 


522 


Kesolves,  1902.  — Chaps.  67,  68,  69. 


Clutp.  67  Resolve  to  authorize  the  board  of  railroad  commissioners 

TO  INVESTIGATE  THE  ADVISABILITY  OF  REQUIRING  STREET  RAIL- 
WAY COMPANIES  TO  EQUIP  THEIR  CARS  WITH  IMPLEMENTS  F'OR 
RAISING   THEM   IN   CASES   OF    ACCIDENT. 


Necessity  of 
having  street 
cars  equipped 
with  imple- 
ments for  rais- 
ing cars  to  be 
investigated, 
etc. 


Resolved^  That  the  board  of  raih'oad  commissioners  is 
hereby  authorized  and  directed  to  investigate  the  advis- 
ability and  necessity  of  having  all  street  railway  cars 
equipped  with  jack-screws  or  other  implements  or  ma- 
chinery of  suiBcient  power  to  raise  the  cars  to  such  a 
height  as  will  permit  the  extrication  of  injured  persons 
held  beneath  them,  and  to  report  thereon  to  the  general 
court  on  or  before  the  fifteenth  day  of  January  in  the 
year  nineteen  hundred  and  three. 

Approved  April  17,  1902. 


Chcq^.  68 


Commissioners 
to  prepare  testi- 
monials for 
soldiers  and 
sailors  who 
served  in  war 
with  Spain, 
appointment, 
etc. 


Resolve  to  provide  for  the  appointment  of  commissioners 

TO   PREPARE   testimonials   FOR  THE  SOLDIERS  AND  SAILORS   AVHO 
SERVED   IN   THE   WAR   WITH   SPAIN. 

Resolved,  That  the  governor  appoint  a  suitable  person, 
and  that  the  person  so  appointed,  the  lieutenant  governor 
and  the  adjutant  general,  be  commissioners,  without  pay, 
to  cause  to  be  engraved  and  printed  a  suitable  testimonial 
for  each  officer,  soldier  or  sailor  who  served  as  part  of  the 
(juota  of  Massachusetts  during  the  war  with  Spain,  and 
was  honorably  discharged  from  or  died  in  the  service  ; 
and  that  the  adjutant  general  deliver  such  testimonials, 
on  application,  to  such  persons  as  he  may  deem  entitled 
to  receive  the  same.  Ap>proved  April  17,  1902. 


QJiaj).  69  Resolve  to  provide  for    a   central    heating    and  lighting 

PLANT   AND   FOR    A   DINING    HALL   AT    THE    MASSACHUSETTS   AGRI- 


Maesachusetts 

Agricultural 

College. 


CULTLTJAL  COLLEGE. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding 
scventj'^-one  thousand  dollars,  to  be  expended  at  the 
Massachusetts  Agricultural  College  under  the  direction 
of  the  board  of  trustees  for  the  following  purposes,  to 
wit :  —  Thirtj^-five  thousand  dollars  for  the  installation 
of  a  central  plant  for  heating  the  buildings  grouped  on 
the  western  slope  of  the  state  property,  and  for  lighting- 
all  the  buildings  on  the  same  property  ;  thirty-iive  thou- 
sand dollars  for  erecting,  equipping  and  furnishing  a  dining 


Eesolves,  1902.  — Chaps.  70,  71,  72.  523 

hall :  and  one  thousand  dollars  for  the  maintenance  of  the 
dining  hall,  this  sum  to  be  available  upon  the  completion 
of  the  building.  Approved  April  17,  1902. 

Resolve  in  favor  of  the  new  England  industrial  school  for  CJlirfn    7() 

DEAF   MUTES. 

Besolved,  That  there  be  allowed  and  paid  out  of  the  New  England 
treasury  of  the  Commonwealth  to  the  New  England  In-  schoo^i'for  Deaf 
dustrial  School  for  Deaf  Mutes  the  sum  of  forty-five  hun-  M"*«»- 
dred  dollars,  to  be  expended  under  the  direction  of  the 
trustees  thereof  for  the  educational  purposes  of  said  school 
for  the  year  nineteen  hundred  and  two.     Said  trustees 
shall  report  to  the  state  board  of  education  the  expendi- 
tures made  under  the  authority  of  this  resolve. 

Approved  April  17,  1902. 

Resolve  to  provide  for  a  survey  and  estimate  by  the  board  fii  fT-i 

OF  harbor  and  land  commissioners  as  to  the  imfrovement  ^ 

of  cataumet  harbor. 

Heftolved,  That  the  board  of  harl)or  and  la^id  commis-  survey  and 
sioners  is  hereby  dk-ected  to  make  or  cause  to  be  luade  a  the^p!'ove*-° 
survey  and  estimate  as  to  the  cost,  best  method  and  ad-  metharblTr to 
visability  of  improving  Cataumet  harbor,  lying  partly  in  Remade, 
the  town  of  Falmouth  and  partly  in  the  town  of  Boiu^ne, 
and  to  report  thereon  to  the  general  court  not  later  than 
the  fifteenth  day  of  January  in  the  year  nineteen  hundred 
and   three.     For  this   purpose  the  board  may  expend  a 
sum  not  exceeding  five  hundred  dollars,  to  be  taken  from 
the  annual   harbor  and  river  improvements  and  contin- 
gency appropriation.  Ajyproved  April  17,  1902. 

Resolve  in  favor  of  martha  reese  grant.  C7ir/n    7'^ 

liesolved,  That  there  be  allowed  and  paid  out  of  the  Martha  Reese 
treasury  of  the  Commonwealth  to  the  guardian  of  Martha  ^'^''°'' 
Eeese  Grant,  orphan  daughter  of  James  A.  and  Ehoda 
Rosella  Grant,  for  her  benefit,  an  annuitj^  of  three  hun- 
dred dollars  payable  in  equal  quarterly  instalments  from 
the  first  day  of  January  in  the  year  nineteen  hundred  and 
two  up  to  and  including  the  twenty-fifth  day  of  ^Nlay  in 
the  year  nineteen  hundred  and  four,  should  she  so  long 
survive,  being  the  amount  authorized  by  chapter  ninety- 
two  of  the  resolves  of  the    vear  eiahteen   hundred  and 


52-1  Resolves,  1902.  — Chaps.  73,  74,  75. 

ninety-nine  to  be  paid  to  her  mother,  Khoda  Kosella 
Grant,  who  died  on  the  twent3"-fir.st  day  of  February  in 
the  year  nineteen  hundred  and  two.  The  said  chapter 
ninety-two  is  hereby  repealed. 

xipproved  Aprril  18,  1902. 

Cheep.  73  Resolve  to  provide  fou  the  purchase  op   aduitioxal   land 

FOR   THE  USE   OF   THE   STATE   NORMAL   SCHOOL   AT    BKIDUEWATER 

fchooi'at'''^^  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Bridgewater.      trcasury   of  the    Commonwealth   a    sum    not    exceeding 

thirty-five  hundred  dollars,  for  the  purchase,  under  the 

direction  of  the  state  board  of  education,  of  additional 

land  for  the  use  of  the  state  normal  school  at  Bridgewater. 

Aiyproced  Ajrril  18,  1902. 

OkciiJ.  74  Resolve  to  provide  for  a  chemical  department  in  the  state 

NORMAL   SCHOOL   AT   WORCESTER. 

So?8r^^  Unsolved,  That  there  be  allowed  and  paid  out  of  the 

Worcester.  treasury  of  the  Commonwealth  a  sum  not  exceeding 
seventy-fivQ  hundred  dollars,  to  be  expended  by  the  state 
board  of  education  in  the  alteration  and  furnishing  of 
rooms  and  in  the  purchase  of  chemical  supplies  for  a 
chemical  department  in  the  main  building  of  the  state 
normal  school  at  Worcester.      Apiyroved  April  18,  1902. 

Chap.  75  Resolve  to  direct  the  board  of  railroad  commissioners  to 

INVESTIGATE    THE    MERITS   OF     FENDERS   NOW    IX    USE     I'.Y   STREET 
RAILWAY   COMPANIES. 

Mevite  of  Resolvcd,  That  the  board  of  railroad  commissioners  is 

fenders  in  use  '        ^ 

by  ftrtet  rail-     hereby  authorized  and  directed  to  examine  the  fenders  in 

■way  companies  *  j  j  •  i  •        j  i  •      /- 1  i  ^  i  i 

tobeinvesti-  usc  upou  strcct  railway  cars  m  this  Commonwealth,  and 
such  other  fenders  as  may  be  brought  to  their  attention 
and  are  in  their  opinion  worthy  of  consideration.  After 
giving  such  public  hearings  upon  the  subject  as  they  may 
deem  necessary  the  board  shall  report  to  the  general  court 
on  or  before  the  fifteenth  day  of  January  in  the  year  nine- 
teen hundred  and  three  such  recommendations  in  regard  to 
fenders  upon  street  railway  cars  as  they  may  deem  i)roper. 

Approved  April  18,  1902. 


gated,  etc. 


Resolves,  1902.  —  Chaps.  76,  77,  78.  525 


Resolve  to  PROvmE    for    the    maintenance    and  repair    of  (JJiqi)^  7(3 

CERTAIN  apparatus  USED  IN  THE  BOILER  INSPECTION  DEPART- 
MENT  OF   THE   DISTRICT   POLICE. 

J^esoJved,  That  there  be  allowed  and  paid  out  of  the  Repair,  etc.,  of 
treasury  of  the  Commonwealth  a  sum  not  exceeding  live  fnboire^inspec- 
hundred  dollars,  to  be  expended  under  the  direction  of  ment^''^*"" 
the  chief  of  the  district   police  for  the  maintenance  and 
necessary  repair  of  apparatus  used  by  the  members  of  the 
boiler  inspection  department  of  the  district  police  in  the 
examination  of  engineers  and  firemen. 

Approved  Aj^ril  23,  1902. 

Resolve  to  provide  rooms  in  the  state  house  for  the  ex-  (JJiq^^  77 
amination  of  applicants  for  admission  to  the  state  sana- 
TORIUM. 

Resolved,  That  the  sergeant-at-arms  is  herel^y  authorized  p  °ovTded°for 
and  directed  to  provide  suitable  rooms  in  the  state  house  a^'^ucants'^for^ 
for  use  in  the  examination  of  applicants  for  admission  to  admission  to 

^  ^  the  state  sana- 

the  state  sanatorium.  Approved  April  23,  1902.      torium. 

Resolve  to  authorize  payment  to  the  boston,  cape  cod  and  (JJidj)    7g 

NEW  YORK  CANAL  COMPANY  OF  INTEREST  RECEIVED  BY  THE 
COMMONWEALTH  ON  MONEY  DEPOSITED  BY  THE  COMPANY  WITH 
THE  TREASURER  OF  THE  COMMONWEALTH, 

ReMAved,  That  the  treasurer  of  the  Commonwealth  is  Treasurer  to 
hereby  authorized  and  directed  to  pay  to  the  treasurer  of  Foii,  cape^CodT" 
the  Boston,  Cape  Cod  and  New  York  Canal  Company  the  cana^o^m-'"^'' 
interest  already  accrued  on   the  two   hundred   thousand  ^n°iertafu^** 
dollars  deposited  by  the  compan}'  witli  the  treasurer  of  deposit. 
the  Commonwealth  under  the  provisions  of  chapter  four 
hundred  and  forty-eight  of  the  acts  of  the   year  eighteen 
hundred  and  ninety-nine,  and  also  to  pay  semi-annually 
to  the  treasurer  of  said  company  the  interest  which  may 
hereafter  accrue  on  said  deposit :  provided,  hoivever,  that  p>"o^8o. 
the  treasurer  of  the  Commonwealth  shall  retain  from  said 
interest  such  amount  as  may  be  required  for  payment  of 
the  assessment  to  which  said  deposit  is  or  may  be  liable 
under  the  ])rovisions  of  section  six  of  chapter  six  of  tlie 
Eevised  Laws.  Apjproved  April  23,  1902. 


526  Kesolves,  1902.  — Chaps.  79,  80,  81. 


CllCLV.  79       Resolves  in  favor  op  the  new  Bedford  textile  school. 

New  Bedford  Jiesolved,  That  there  be  allowed  and  paid  out  of  the 
treasuiy  of  the  Commonwealth  the  sum  of  eighteen  thou- 
sand dollars,  to  be  expended  by  the  Trustees  of  the  New 
Bedford  Textile   School  for  the  purposes  of  the  school : 

Proviso.  ^;>Y>z^/(ZecZ,  that  no  part  of  this  sum  shall  be  paid  until  satis- 

factory evidence  has  been  furnished  to  the  auditor  of  ac- 
counts that  an  additional  sum  of  seven  thousand  dollars 
has  been  paid  to  the  said  trustees  by  the  city  of  Xew  Bed- 
ford or  received  by  them  from  other  sources.  The  city 
of  Xew  Bedford  is  hereby  authorized  to  raise  by  taxation 
and  pay  to  said  trustees  such  sum  of  money  not  exceeding 
seven  thousand  dollars  as  may  be  necessary  to  secure  the 
amount  provided  for  by  this  resolve. 

Rei<oli'ed,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  aforesaid  trustees  a 
further  sum  of  eight  thousand  dollars,  to  be  expended 
under  their  direction  in  equipping  an  addition  to  the 
building  for  the  use  of  said  school. 

Approved  April  30,  1902. 


CJiCip.  80  Resolve  in  favor  of  Herman  b.  cook  of  boston. 

Herman  B.  JResolved,  That  the    sum    of  sixty    dollars    is    hereby 

appropriated  to  be  paid  out  of  the  treasury  of  the  Com- 
monwealth to  Herman  B.  Cook  of  Boston,  in  full  com- 
pensation for  injuries  to  a  horse  owned  by  said  Cook 
which  were  received  at  the  Framingham  camp  ground  in 
July,  nineteen  hundred  and  one,  the  said  horse  being 
then  on  hire  by  the  state  for  use  in  the  militia. 

Approved  April  30,  1902. 

ChctT)'  81  Resolve  to  provide  for  the   expenses  ok  the  i;and  of  and 

FOR    THE    PURCHASE    OF    A   FLAG    FOR   THE    3IASSACHUSETTS  AGRI- 
CULTURAL  COLLEGE. 

Agricuiturar        Besolvcd,  That  there  be  allowed  and  paid  out  of  the 
College.  treasury  of  the  Commonwealth  the  sum  of  two  hundred 

dollars,  to  be  expended  under  the  direction  of  the  trustees 
of  the  Massachusetts  Agricultural  College,  for  the  ex- 
penses of  the  ])and  of  and  for  the  purchase  of  a  flag  for 
the  use  of  the  cadets  of  the  college. 

Approved  April  30,  1902. 


river  to  be 
etc. 


Eesolves,  1902.— Chaps.  82,  83,  84.  527 


Resolve  to  provide  for  printing  the  report  of  the  board  ni^f.r)    S'^ 
OF  harbor  and  land   commissioners   as  to  a  canal   from  ^ 

TAUNTON  RIVER  TO   WEYMOUTH   FORE   RIVER. 

Resolved,  That  the  board  of  harbor  and  land  commis-  Report  of  sur- 
sioners  is  hereby  authorized  and  directed  to  prepare,  on  cana° from^°''^'* 
or  before  the  first  day  of  May  in  the  year  nineteen  hun-  ^o'^weymoinh 
dred  and  two,  a  report  of  its  survey  of  the  proposed  p^med 
canal  from  Taunton  river  to  AVey mouth  Fore  river,  and 
to  have  five  hundred  copies  thereof  printed.     The  said 
report  shall  include  such  maps  as  the  board  may  deem 
necessary,  a  statement  of  the  cost  of  making  the  proposed 
canal,  and  a  statement  of  the  expenses  incurred  by  the 
board  in  making  the  survey.     The  cost  of  printing  the 
report  shall  not  exceed  the  sum  of  one  hundred  dollars, 
and  shall  be  paid  out  of  the  sum  appropriated  for  the  said 
survey.     A  copy  of  the  report  shall  be  delivered  to  each 
member  of  the  general  court,  and  a  copy  shall  be  sent  to 
each  representative  and  senator  from  Massachusetts  in  the 
congress  of  the  United  States. 

Approved  April  30,  1902. 


Chap.  83 


Resolve  to  provide  for  repairs  at  the  reformatory  prison 
for  women. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Keformatory 
treasury  of  the  Commonwealth  the  following  sums,  to  be  women. 
expended  at  the  reformatory  prison  for  women  under  the 
direction  of  the  board  of  prison  commissioners  :  —  For 
painting  the  buildings,  a  sum  not  exceeding  twenty-five 
hundred  dollars  ;  for  new  stairways  and  other  means  of 
protection  from  fire,  a  sum  not  exceeding  five  thousand 
dollars  ;  for  new  boilers  and  setting,  a  sum  not  exceeding- 
three  thousand  dollars.  Approved  May  6,  1902. 


Chap.  84 


Resolve   authorizing    the    county    commissioners    of    essex 
county  to  repair  certain  bridges. 

Resolved,  That   the    county    commissioners    of    Essex  county  com- 

1  i-T  iTiii  1  missioners  ot 

county  are  hereby  authorized  and  directed  to  expend  a  Essex  county  to 

,  T    "     A.  j_       n         1  11111  •  •        repair  certain 

sum  not  exceeding  twenty-nve  hundred  dollars  in  repair-  bridges. 
ing  Rocks  bridge  between  the  city  of  Haverhill  and  the 
town  of  West  Newbury,  and  Deer  Island  bridge  between 
the   city   of  Newburyport  and  the  town    of  Amesbury, 
which  have  been  injured  by  recent  freshets. 

Approved  May  6,  1902. 


528  Kesolves,  1902.  —  Chaps.  85,  86,  87. 


CJJiap.  '^^  Resolve  to  authorize  the  state  board  of  education  to  pre- 
pare AND  PUBLISH  A   MANUAL  OF  THE  REVISED  SCHOOL  LAWS. 


Manual  of 
revised  echool 


Resolved,  That  the  state  board  of  education  is  herebj^ 

^^i^iishe'd         authorized  to  prepare  and  publish  a  manual  of  the  revised 

school  laws,  and  that  there  be  allowed  and  paid  out  of 

the   treasury   of  the  Commonwealth  for   this  purpose   a 

sum  not  exceeding  five  hundred  dollars. 

Approved  May  6,  1902. 

Ohcip.  SQ  Resolve  to  direct  the  board  of  railroad  commissioners  to 
investigate  certain  matters  relating  to  the  transporta- 
tion OF  passengers  on  railroads  in  and  about  the  city  of 
boston. 

Sili'iontrft^'        Resolved,  That  the  board  of  raiboad  commissioners  is 

tahf Slrs''^'^'  li^i'^by  directed  to  investigate  the  passenger  train  service 

relating  to        fumishcd  \)j,  and  the  rates  of  passenger  fare  charged 

of pasBengers.    upon,    I'aili'oads   in   and   about   the  city  of  Boston,   and 

particularly  the  matter  of  a  cheap  morning  and  evening 

train  service  for  that  locality  ;    and  that  said    board   is 

directed  also   to   investigate  the  use    of   electricity  as  a 

motive  power  upon  steam  railroads,  and  to  inquire  into 

the  results  obtained  by  such  use  upon  railroads  within 

the  Commonwealth  or  elsewhere,  and  to  make  a  report 

upon  the  matters  aforesaid  on  or  before  the  fifteenth  day 

of  January  in  the  3^ear  nineteen  hundred  and  thi'ee,  Avith 

such    suggestions,  recommendations  and  information    in 

relation  thereto  as  the  board  shall  deem  that  the  public 

interests  require.  Approved  May  6,  1902. 

Chun.  87  Resolve  to  provide  for  certain  improvements  at  the  taun- 

TON  INSANE   HOSPITAL. 

ho"pilaL'°''''°^  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  eight- 
een thousand  dollars,  to  be  expended  under  the  direction 
of  the  trustees  of  the  Taunton  insane  hospital  in  the  con- 
struction and  equipment  of  a  new  barn  and  silo  at  the 
Raynham  farm,  in  enlarging  the  bakery,  in  building  a 
cellar  and  house  for  storage  purposes,  in  the  purchase  and 
installation  of  laundry  machinery,  and  in  making  other 
minor  improvements  at  said  hospital. 

Approved  May  6,  1902. 


Kesolves,  1902.  — Chaps.  88,  89,  90.  529 


Resolve  to  PROvinE  for  the  completion  of  the  monument  n}if,j^    Qft 

ON   DORCHESTER   HEIGHTS  IN   THE   CITY   OF   BOSTON.  ^ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  completion  of 
treasury  of  the  C'ouiiuoiiAvealth  a  sum  not  exceeding  three  DCrc"h™8t°er°° 
thousand  dollars,  to  be  expended  under  the  direction  of  heights, 
the  governor  and  council  in  completing  the  monument  on 
Dorchester  Heights  in  the  city  of  Boston,  commemorating 
the  construction  in  that  place  by  General  Washington  and 
his  army  of  a  redoubt  which  caused  the  British  troops 
under  the  command  of  General  Howe  to  ev  acuate  Boston 
on  the  seventeenth  day  of  March,  seventeen  hundred  and 
seventy-six.  Approved  May  6,  1902. 

Resolve  to  provide  for  certain  improvements  at  the  state  /^7i^,«    gO 

INI>USTRIAL   SCHOOL   FOR   GIRLS. 

Resolved^  That  there  be  allowed  and  paid  out  of  the  state  induBtriai 
treasury  of  the  Commonwealth  a  sum  not  exceeding  ''"  °°  °'  ^^^  *" 
twenty-four  thousand  one  hundred  dollars,  to  be  expended 
at  the  state  industrial  school  for  girls  under  the  direction 
of  the  trustees  of  the  Lyman  and  industrial  schools,  for 
the  following  purposes,  to  Avit :  —  For  the  purchase  of 
land  in  the  town  of  Bolton,  a  sum  not  exceeding  twenty- 
nine  hundred  dollars  ;  for  increased  water  supply,  a  sum 
not  exceeding  two  hundred  dollars  ;  and  for  a  cottage 
to  hold  thirt}^  inmates,  a  sum  not  exceeding  twenty-one 
thousand  dollars.  Ap2:>roved  May  6,  1902. 


Chap.  90 


Resolve  relative  to  the  disposal  of  sewage  at  the  lyman 
school  for  boys 

Resolved,  That  the  superintendent  of  the  Lyman  school  fjJZys^^''''^ 
for  boys  is  hereby  authorized,  with  the  approval  and  under 
the  direction  of  the  trustees  of  the  Lyman  and  industrial 
schools,  to  contract  with  the  town  of  Westborough  for  the 
disposal  of  the  sewage  from  said  school,  by  means  of  a 
connection  with  the  main  trunk  sewer  in  the  said  town. 
To  carry  out  the  provisions  of  this  resolve  a  sum  not  ex- 
ceeding six  thousand  dollars  may  be  expended  under  the 
direction  of  the  said  trustees. 

Approved  May  13,  1902. 


530  Resolves,  1902.  — Chaps.  91,  92,  93,  94. 


ChClV.   91    Rf^SOLVE   TO    PROVIDE    FOR    A    TEAM    OF    THE    MILITIA    TO    ATTEND 
THE   INTERNATIONAL   RIFLE   MATCH    AT   SEA   GIRT,   NEW   JERSEY. 

to  Xmi '">,"*'"       Resolved,  That  there  be  allowed  and  paid  out  of  the 
iiueiuationai      trcasurv  of  tliG  Coiiimon wcaltli  a  sum  not  exceeding  two 

nrte  match.  ■J     '  i      i  i       •  i 

thousand  dollars,  to  be  ex})endcd  b>^  the  inspector  general 
of  riHc  [)ractice,  under  the  direction  of  the  adjutant  general, 
to  defray  the  expense  of  a  rifle  team  to  take  part  in  the 
international  rifle  match  at  Sea  Girt,  New  Jersey. 

Approved  May  14,  1902. 

ChciV    92  Resolve  in  favor  of  eliza  b.  tiiinney,  eugene  g.  McSweeney 

AND   ELLEN   M(  SWEENEY. 

Eliza  B.  Remlved,  That  the  time  within  which  Eliza  B.  Phinney, 

Eugene  G.        Euojeue  G.  McSweenev  and  Ellen  McSweeney  may  file 

and  Ellen  ^.-i.-  •       xl  •  i.    i-  J  iV         A 

McSweeney.  pctitious  in  the  supcrior  coui't  tor  any  damages  sunered 
by  them  for  the  taking  of  land  or  rights  in  land  by  the 
Commonwealth  through  the  metropolitan  park  commission 
for  the  Revere  Beach  parkway  is  hereby  extended  to  the 
first  day  of  July  in  the  year  nineteen  hundred  and  two. 

Approved  May  15,  1902. 

Chew.   93  KeSOLVE   in    FAVOR   OF   THE   TOWN   OF   PHILLIPSTON. 

Town  of  Resolved,  That  there  be  allowed  and  paid  out  of  the 

I  ipston.  income  of  the  Massachusetts  School  Fund  to  the  town  of 
Phillipston  the  sum  of  four  hundred  thirty  dollars  and 
forty-six  cents,  this  sum  being  the  additional  amount 
Avhich  the  town  of  Phillipston  should  have  received  in  the 
apportionment  of  January  twenty-fifth,  nineteen  hundred 
and  two.  Approved  May  21,  1902. 

ChciD.  94  Resolve  relative  to  the   standard  weights,  measures  and 

BALANCES    OK   THE    COMMONWEALTH. 

stand.ard  Resolvcd,  That  there  be  allowed  and  i^aid  out  of  the 

weights,  meas-  n      ^        /-<  ii  t 

nies  and  bai-  trcasury  of  the  Commonwealth  a  sum  not  exceeding  one 
thousand  dollars,  to  be  expended  by  the  treasurer  and 
receiver  general  in  repairing  and  adding  to  the  standard 
weights,  measures  and  balances  of  the  Commonwealth. 

Ap2)roved  May  21,  1902, 


auces. 


Kesolves,  1902.  —  Chaps.  95,  96,  97,  98.  531 


Resolve  to  authorize  the  payment  of  a  sum  of  money  from  (JJiq/y)^  95 

THE    treasury    OF     THE     COMMONWEALTH     TO    THE     WIDOW     OF 
JOHN   N.    KALL. 

lieHolved,  That  there  be  allowed  and  paid  out  of  the  widow  of  John 
treasury  of  the  Commonwealth  to  the  widow  of  fFohn  N. 
Ball,  member  of  the  hou.se  of  representatives  from  the 
seventh  jNIiddlesex  district  for  the  j^ear  nineteen  hundred 
and  one,  who  died  before  the  extra  session  held  in  that 
year,  the  sum  of  one  hundred  dollars,  to  which  he  would 
have  been  entitled  had  he  lived  and  served  throuoh  the 
said  extra  session.  Approved  May  21,  1902. 

Resolve  to  authorize  the  sale  of  certain  land  of  the  com-  f^lfffjy    Qa 

MONWEALTH   AT   SOUTH   FRAMINGHAM.  ^ 

Remlved,  That  the  governor  is  hereby  authorized,  with  certain  land  of 
the  advice  and  consent  of  the  council,  to  sell  at  public  or  weaitii"t"°" 
private  sale,  upon  such  terms  as  he  may  deem  proper,  the  hammly^b^"^^ 
land  at  South  Framingham  which  was  purchased  by  the  *'*^'^- 
Commonwealth  for  use  as  a  pumping  station  for  the  state 
camp  ground,  and  to  execute  and  deliver  a  deed  of  the  same. 

Appro  ced  May  21,  1902. 

Resolve  to  provide  for  a  dormitory  at  the  state  normal  f^hnn    97 

SCHOOL   at    FITCHBURG. 

Hesolved,  That  there  be  allowed  and  paid  out  of  the  state  normal 
i  £■  J.1     /"^  1x1-  J.  1*       m^i.     school  at  Fitch- 

treasury  01  the  Commonwealth  a  sum  not  exceeding  nity  burg. 

thousand  dollars,  to  be  expended  under  the  direction  of 
the  state  board  of  education  in  the  construction  of  a  dormi- 
tory and,  if  necessary,  in  the  purchase  of  a  site  therefor, 
at  the  state  normal  school  at  Fitchburg.  Of  this  sum 
thirty  thousand  dollars  may  be  expended  during  the  cur- 
rent year  and  the  remainder  during  the  following  year. 

Approved  May  21,  1902. 


Chap,  98 


Resolve  to  provide  for  a  dormitory  at  the  state  normal 

SCHOOL   at   north   ADAMS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  state  normal 
treasury    of  the    CommouAvealth   a    sum    not    exceeding  Adams?*  ^""^^^ 
seventy-five  thousand  dollars,  to  be  expended  under  the 
direction  of  the  state  board  of  education  in  the  construc- 
tion of  a  dormitory  at  the  state   normal  school  at  North 


r>:i'2  l^.;s(»LVKS,    I!M)2.  —  (;iiAi's.  !)9,   1(H),   101,  102. 

Adams.  Of  lliis  .suiii  forly  iliousaiul  (lollar.s  may  bo  ex- 
pended dining  (lie  em  rent  year  and  l.lic,  remainder  during 
the  lollowini^-  year.  Apjrroved  Maij  21,  l',K)2. 

(  lid n.  !K)  I?i''M<»i'Vic   TO  n«>VM>K  kou  cicktain   imi'hovicmkni.s  at  tmk  statk 

CAMI-    (iUOIINI). 

Jrmm.r'''  livsnlrnl^    'IMial,   lliere    he   allowed    and    i)ai(l    oiil    of  (lie 

li'easnry  of  the  ( 'onnnonweallli  a  sum  not.  exceed inj;'  lilleen 
hundi'ed  dollai's,  (o  he  expendcMl  by  (lie  <|iiar(.ermasl.er 
^(Mieral  under  iJie  dir<'ciion  of  tln^  ^'ovMunor  in  makin<^ 
repairs  (;n  huildin^.s  at  tiio  stat(!  cami)  ground. 

Ajrproved  Man  _?/,  I'.Krj. 

(J/m(Jk\()()  KkSOI.VK   in   KAV(H{   of   TIIK    widow   or   IIKNIIY    O.    r.RKKNE. 

widow  of  /icso/nrt/,.   That  thei'<'   Ixs   aMowed  and   paid  out  of  tho 

oriiono. '  trcMiMury   of  the  Commonwealth  to    Ah^xandrina  (inMMU^ 

widow  of  Henry  (i.  (Jrecine  hito  a  mondx'r  of  tlu!  house 
of  representatives  from  the  thirteenth  VVoi'eestcir  district, 
the  salai'v  to  \vhi<di  he  would  hav(^  been  entitled  had  he 
lived  until  the  cud  of  the  present  session. 

Approved  June  5,  1902. 


ChapMY 


I?I.H<)I-Vr,  TO    OONKIItM    OKIITAIN    AcrPS    OF    JOSEPH    (!.    I'KI.LRTIRR    AS 
A    .niSI'IOIC   OK   THE   PEACE. 

(Vri.iinmtMof  /icsohu'iL  That  all  acts  of  fIosei)h  ('.  INdletier  of  Bosloti 
r.iioiior uH u  iis  a  Justice  of  the  pea("e,  betwecin  the  third  day  of  rhtnu- 
jiimrocoii  ary  and  the  twenty-fifth  day  of  March  in  the  year  nineteen 

hinidr(^d  and  two,  are  hereby  conlirmed  and  made  valid, 
to  the  saiiK^  (wtent  as  if  dm'ing  that  time  he  had  bc^en 
(lualidcd  to  discharge  the  duties  of  said  ollice. 

Approved  June  3,  1902. 


10(1. 


OMMiaSION     TO     KKVISIC    TUK    LAWS 
0OMI'ANn:.S. 


rV/Y/V>  102    '^'■•'^'•''V''''     '**     l'l{OVM)K     H»l(     A     (!OMMIf* 

Kl'.LA  riN(i    TO   TKIIST 

(!..nmiiHHioMi()         /t'csohu'd,   'IMiat   tJic  (diairman  of  th(^  hoard  of  commis- 
loiuiiMKio         sioners  ol"  savings  hanks,  tlu^  couuuissioner  ol  corporations 

tniMt  coiiipii-  ~  1111  i-i     i  •       • 

nioN.  and  the  attorney-gcMieral  siiall  constitute  a  coumussion,  to 

serve  without  compensation,  to  consider  the  advisability 
of  legislation  pro\iding  foi"  the  incoipoi'idion  of  trust 
(M)mpani{^s  under  general  provisions  of  law,  and  shall  con- 
sider tho  expediency  of  amending  or  revising  chapter  one 


Kksoiaios,   1901^.  —  Ciiapr.  lOli,   101,  105.  583 

hundred  and  sixtocMj  of  tho  Ii(wLs(Hl  Laws  rtdatiiii;  (o  Irust 
C()mi)aiii('s.  Said  coniinissioii  shall  •i^ivc  piihli*-  hearings 
to  all  jx-rsoMs  interested  in  the  Hiibjeet,  if  (hey  deem  it 
advisable  so  to  do,  and  shall  submit  to  the  <;-enei'aI  eoiirt, 
on  or  befoi'e  (he  lirs(,  day  of  l*\>bruai'v  in  (he  yeai"  nine(een 
huii(h'('(l  and  (in'ee,  a.  report  ol'  (lieir  doings  under  (his 
resolve,  (,()!;•(•(, jier  w  i(.li  a  di'alY  ol"  a  bill  or  bills  end)odyin^' 
any  legislation  which  they  may  I'econnnend. 

.[pin'oiu'il  J  Kite  .7,   I'JO'J. 


RkSOI.VK     to    F.XTKNn    'rWV.    TFMK     KO|{    TUK     IMCI'OlfT    OK    TIIIC    ♦'O'W-   /^A// .  >    1  ()'? 
>M'l"n'.K   Al'I'orN'l'KIl    I'O  CONSUH'.K  'llll',   A  D  V  ISA  111  l.l'I'V   Ol'   ( '( »NS  I'KI  l<  "I - 
IN(i    A   l>AM   ACKOSS   TUK  (MI  AKI.IOS    IJIVKU    UKTWKKN     IIIK   CI'IIKH   OK 
I'.OSTON    AND   <!AMIll{n»<UC. 

Iicsolrcd,  rii;i(,  the  (ime  witliiii  wliicli  (he  eommitlce  Timr  .■vi.ikI.mI. 
ap|)oin(('(l  under  (diap(('r  one  hundre(|  and  li\ c  of  (Jie  I'e- 
Holves  of  (he  year  nine(,een  hundred  and  one  to  eonsidei* 
the  ad\  isabili(.y  of  eons(,iTietini;' a  dam  across  (,he  ( 'haides 
river  be(we('n  (lie  cities  ol"  Iios(on  jind  ( 'aiubridi^c  is  re- 
(juired  (()  I'cport  U)  (he  i;-ene|-al  coiirl  be  e.\(. ended  un(il 
the  second  \\'ednesda\'  in  danuary  in  the  year  ninelcen 
iiundriHl  and  (hree.  Approved  June.  ,'>',  HfO'J. 


J     AUnrTKWAI,   K\I'KNIil'IIIi;i'.    I'.V    IIIK  f^/fffif  1().l 
lASMACIII'HK'l  r.S      NAKTICAI.       I'lJAININ*! 


RkSOLVK    to    I'KOVIUK     KOIC    an     AUnrTKWAI,    KXI'KNIil'I'lIIU'.     I'.V     llll 
<!OMlV!IS,SI<»NKI{H      Ol'      TUK      M; 
8<JUOOI,. 

Kcsolrcd,  That  (Jkm'c  be  allowed  :ind  j)aid  ou(  ol"  (,he  MuHHuchuMrUM 
treasury  ol  tiie  (  ommonwealth  a  sum  no(,  (^xcecuiino-  ||\(.  i,|^„„i,„„i. 
thousand  dollars,  to  be  expended  by  the  commissionei's 
of  the  Massachusetis  nau(,ic:il  (raining  school  in  niakini;,- 
roi)airs  upon  (he  school  ship  riiitcrprise,  and  in  mee(,ini;' 
cer(ain  odier  necessary  expenses  during-  the  present  ycai-. 
This  sum  shall  be  in  addition  to  (he  :inioun(.  provided  for 
by  section  five  of  cha,[)t(a"  forty-li\c  ollhe  lli^vised  Laws. 

Ap/n'orcd  Jinic  .V,   I'JOli. 


KkSOI.VK    in    KAVoI;    <»K    UAl;lfV    .1.    imukjan. 


/it'sof /'('</,    Tliiit    (here  be  allowed    Miid    paid    oil(>    of   (he  iimry  .1. 
tn^asury  ol"  the  ('ommonwealth    (o    Ilarry  d.  Dou^^iin  the    '""**""• 
sum  ol"  four  hundred   dollars,  on  account  of  the  loss  of  a, 
thumb  caused  by  (lie  explosion  of  (he  iiia^;i/ine  of  a,  rille 


534  Resolves,  1902.  — Chaps.  106,  107,  108. 

at  the  rifle  range  in  the  town  of  Lexington  on  the  twenty- 
sixth  day  of  April  in  the  year  nineteen  liundrcd  and  one, 
the  said  rifle  being  the  property  of  the  CommonAvealth. 

Approved  June  5,  1902. 

(7Att/?.106  Resolve  to  authorize  the  payment  of  a  sum  of  money  from 

THE  TREASURY  OF  THE  COMMONWEALTH  TO  THE  FATHER  OF 
Wn^LIAM   L.    MOONEY. 

wimam  L.  Resolved,  That  there  be  allowed  and  paid  out  of  the 

Mooney.  treasury  of  the  Commonwealth  to  the  father  of  William 

L.  Mooney,  member  of  the  house  of  representatives  from 
the  nineteenth  Suflfolk  district  for  the  year  nineteen  hun- 
dred and  one,  Avho  died  before  the  extra  session  held  in 
that  year,  the  sum  of  one  hundred  dollars,  to  which  said 
member  would  have  been  entitled  had  he  lived  and  served 
through  the  said  extra  session. 

Ap)proved  June  5,  1902. 

Ch(ip.\07  Resolve  to  provide  that  the  state  board  of  health  shall 

INVESTIGATE  THE  PRODUCTION  OF  VACCINE  LYMPH  IN  THIS  COM- 
MONWEALTH, AND  ALSO  REPORT  A  PLAN  FOR  ITS  PRODUCTION 
AND   FREE   DISTRIBUTION. 

Production  of         liesolved,  That  the  state  board  of  health  is  authorized 

vaccine  lymph  ' 

tobeinvesti-      and  requested  to  report  to  the  t^eneral  court  as  soon  as 

Sfitcd  etc 

possible  a  plan  for  the  production  and  distribution  of 
pure  vaccine  lymph  for  free  use  in  this  Commonwealth  ; 
and  also  to  report  as  to  the  quality  of  the  vaccine  lymph 
in  use  in  this  Commonwealth  during  the  past  A\;inter  and 
at  the  present  time,  and  as  to  the  quality  of  the  vaccine 
lymph  produced  or  sold  by  private  persons  or  corpora- 
tions in  this  Commonwealth,  and  the  methods  and  condi- 
tions by  and  under  which  it  is  produced. 

Approved  June  10,  1902. 

Ohwp.lOS  Resolve  in  favou  of  walter  h.  oilman  of  lowell. 

Walter  II.  lietiolved.  That  there  be  allowed  and  ])aid  out  of  the 

Oilman.  £»        l  /  <  l     l  -nr     i  tt       yi-i  n 

treasury  oi  the  Commonwealth  to  v>  alter  H.  dilman  of 
Lowell,  who  is  permanently  disabled  by  reason  of  an  in- 
jury received  by  him  while  in  the  discharge  of  his  duty 
as  a  militiaman,  on  the  twenty-ninth  day  of  November  in 
the  year  eighteen  hundred  and  seventy-five,  the  sum  of 
five  hundred  dollars.  Approved  June  11,  1902. 


Resolves,  1902.  — Chaps.  109,  110,  111.  535 

Resolve  en  favor  of  the  widow  of  john  hopkins,  Clicm  109 

Resolved^  That  there  be  allowed  and  paid  out  of  the  widow  of 
treasury  of  the  Commonwealth  to  the  widow  of  John  °  n  Hopkins. 
Hopkins  late  an  associate  justice  of  the  superior  court  of 
this  Commonwealth,  who  died  on  the  nineteenth  day  of 
May  in  the  year  nineteen  hundred  and  two,  the  sum  of  four 
thousand  and  one  dollars  and  thirty-six  cents,  being  the 
amount  of  salary  which  he  would  have  received  had  he 
held  the  said  office  until  the  end  of  the  year  nineteen 
hundred  and  two.  Aiyproved  June  11,  1902. 

Resolve  to  provide  for  the  better  protection  of  butter  by  flif^ii^  1 1Q 
the  dairy  bureau  of  the  state  board  of  agriculture. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Protection  of 
treasury  of  the  Commonwealth  a  sum  not  exceeding  three  '^'^"^''• 
thousand  dollars,  to  be  expended  by  the  dairy  bureau  of 
the  state  board  of  agriculture  in  protecting  the  purity  of 
butter  sold  in  this  Commonwealth,  this  sum  to  be  in  ad- 
dition to  any  amount  heretofore  authorized  for  the  same 
purpose.  A2Jproved  June  11,  1902. 


Cliaj^.m 


Resolve  to  provide  for  medals  for  the  Massachusetts  minute 
MEN  of  1861. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Medais  for  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  mrnute^en"f 
three  thousand  dollars,  to  be  expended  under  the  direc-  ^^®^" 
tion  of  the  adjutant  general  in  the  preparation  of  medals 
to  be  distributed  by  him  to  the  members  of  the  jNIassa- 
chusetts  volunteer  militia  of  the  third,  fourth,  fifth, 
sixth  and  eighth  regiments,  third  battalion,  and  first 
battery  of  light  artillery,  and  to  those  general  and  staff 
officers  selected  by  the  governor,  who  responded  to 
President  Lincoln's  first  call  for  troops  on  the  fifteenth 
day  of  April  in  the  year  eighteen  hundred  and  sixty-one, 
and  Avho  were  mustered  in  and  served  honorably.  In 
case  of  the  death  of  any  of  the  persons  above  described 
the  medal  may  be  presented  to  his  widow,  child  or  such 
other  representative  as  the  adjutant  general  may  select. 
Authority  is  hereby  granted  to  use  on  the  said  medals 
the  state  seal  used  by  Governor  John  A.  Andrew. 
Chapter  sixty-two  of  the  resolves  of  the  year  nineteen 
hundred  and  two  is  hereby  repealed. 

Approved  June  11,  1902. 


536 


Kesolves,  1902.  — Chaps.  112,  113,  114. 


Ch(ip,W2  Rksolve  relative  to  an  investigation  of  the  improvement 

OF  SPOT  POND  liKOOK  BY  THE  METROPOLITAN  WATER  AND  SEWER- 
AGE  HOARD. 


Condition  of 
Spot  Pond 
brook  to  be 
investigftted, 
etc. 


Resolved,  That  the  metropolitan  water  and  sewerage 
board  is  hereby  authorized  and  directed  to  investigate 
the  condition  of  Spot  Pond  brook  in  Stoneham,  Melrose 
and  Maiden,  and  to  report  a  plan  for  such  improvements 
to  the  brook  as  will  provide  for  the  easy  and  natural  flow 
to  tide  water  of  the  water  from  Doleful  pond  and  sur- 
rounding country  turned  into  it  b}"  said  board.  The 
board  shall  take  into  consideration  the  whole  question 
of  the  improvement  of  the  brook,  shall  ascertain  what 
troubles  are  to  be  remedied,  and  by  what  methods  the 
needed  improvements  may  be  efl'ected,  and  shall  give 
public  notice  and  a  hearing  to  all  persons  interested.  If 
the  board  finds  that  such  plan  and  improvements  are 
feasible  and  desirable,  it  shall  recommend  a  plan  for 
apportioning  the  expense  of  the  improvements  between 
the  Commonwealth  and  towns  and  cities  benefited,  and 
the  extent,  if  any,  to  which  betterments  should  be  im- 
posed upon  abutting  owners.  Said  report  shall  be  made 
to  the  general  court  before  the  fifteenth  day  of  January 
in  the  year  nineteen  hundred  and  three. 

Approved  June  11,  1902. 


Chap.llS 

Widow  of 
Albro  G.  Bean. 


Resolve  in  favor  of  the  widow  of  albro  g.  bean. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  Esther  E.  Bean,  Avidow 
of  Albro  G.  Bean  late  a  messenger  of  the  senate,  who 
died  on  the  first  day  of  June  in  the  year  nineteen  hun- 
dred and  two,  the  sum  of  three  hundred  and  fifty  dollars, 
being  the  amount  of  money  that  he  would  have  been 
entitled  to  receive  had  he  performed  service  as  messenger 
till  the  end  of  the  present  session. 

Approved  June  11,  1902. 


(J]ia7).W4c  Resolve  to  authorize   the  trustees  of    the  Massachusetts 

AGRICULTURAL  COLLEGE  TO  BORROW  A  SUM  OF  MONEY. 

MrsXfeUH"  Besolred,  That  the  trustees  of  the  Massachusetts  Agri- 
Coi'Lge  ma"y  Cultural  College  are  hereby  authorized  to  borrow  the  sum 
borrow  a  cer-      of  thirty-fivc  hundred  dollars  for  a  period  not  exceeding 


Resolves,  1902.  —  Chaps.  115,  116.  537 


tain  sum  of 


seven  months,  for  the  purpose  of  meeting  the  deficiency  ^oney 
caused  by  the  reinvesting  for  this  year  of  the  fund  re- 
ceived from  the  United  States  in  the  year  eighteen  hun-  • 
dred    and    sixty-two,    and    known    as  the   fund   for    the 
promotion  of  education  in  agriculture  and  the  mechanic 
arts.                                                    Approved  Jane  19,  1902. 

Resolve  to  provide  for  the  appointment  of  a  commission  to  (JJiap.W^ 

INVESTIGATE   THE   METHOD   OF  SUPPORTING   PUBLIC   SCHOOLS. 

Resolved,   That  the    o-overnor  appoint  a   commission,  commission  to 

'  O  .>  ,  ^1        investigate  the 

consisting  of  five  persons,  from  difterent  branches  of  the  method  of  sup- 
public  service,  to  investigate  the  method  of  supporting  schools, 
public  schools.  The  commission  shall  take  into  con-  ^pp"'"*""®"  ■ 
sideration  the  aid  now  given  to  the  towns  by  means  of 
the  school  fund  and  in  other  ways,  and  the  measure  now 
pending  to  provide  for  levying  a  mill  tax  for  school 
purposes  ;  shall  determine  the  most  equitable  method  of 
distributing  the  amount  paid  by  the  state  for  educational 
purposes,  and  whether  the  amount  should  be  increased  ; 
and  shall  report  the  results  of  their  investigation  to  the 
next  general  court,  with  such  recommendations  for  new 
legislation  or  otherwise,  as  they  may  deem  best.  The 
commission  shall  serve  without  compensation,  but,  for 
all  expenses  actually  incurred  in  the  performance  of  their 
official  duties,  they  shall  be  allowed  such  a  sum,  to  be 
paid  out  of  the  treasury  of  the  Commonwealth,  as  the 
governor,  Avith  the  advice  and  consent  of  the  council, 
shall  approve.  Approved  June  19,  1902. 

Resolve    to    provide    for    the    distribution    of    additional  (J]iciT).WQ 

COPIES   OF   THE   GUIDE   BOOK    OF   THE   STATE   HOUSE. 

Resolved,  That  there  be  distributed  the  following  copies  Additional 

'  ~         ^  copies  of  guide 

of  the  ofuide  book  to  the  state  house  :  —  To  the  governor,  book  of  state 

^^  ]lOUtt6  to  D© 

ten  copies  ;  to  the  lieutenant  governor,  the  members  of  distributed. 
the  executive  council,  the  secretary,  treasurer,  auditor, 
and  attorney-general  of  the  Commonwealth,  ten  copies 
each ;  to  the  members  and  officers  of  the  general  court 
for  the  year  nineteen  hundred  and  two,  ten  copies  each ; 
to  the  reporters,  five  copies  each ;  to  the  doorkeepers, 
messengers,  pages  and  assistant  clerks,  two  copies  each ; 
and  the  remainder  shall  be  placed  in  the  hands  of  the  ser- 
geant-at-arms  to  be  distributed  by  him  at  his  discretion. 

Ap2^roved  June  23,  1902. 


538  Resolves,  1902.  —  Chaps.  117,  118,  119,  120. 


ChupAU  Resolve  to  authorize  the  board  of  prison  commissioners  to 

.  make   an  examination   as   to  a   AVATER  supply  for  the  MASSA- 

CHUSETTS  REFORMATORY. 

be^f]^dTl8°to*°  Resolved,  That  the  board-  of  prison  commissioners  is 
flfMatsachu  hereby  authorized  and  directed  to  investigate  tlie  practi- 
Betts  reforma-  cabiUty  aiid  expediency  of  supplying  the  Massachusetts 
reformatory  in  the  town  of  Concord  with  water  from 
Nagog  pond,  so-called,  in  the  towns  of  Acton  and  Little- 
ton ;  and  a  sum  not  exceeding  one  thousand  dollars  shall 
be  allowed  and  paid  out  of  the  treasury  of  the  Common- 
wealth for  the  expense  of  the  investigation. 

Approved  June  23,  1902. 

Chct/JJ  118   RkSOLVE      TO      provide      for     CERTAIN      IMPROVEMENTS      AT      THE 

WORCESTER  INSANE   HOSPITAL. 

hlsane  hospital.  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  six- 
teen thousand  dollars,  to  be  expended  under  the  direction 
of  the  trustees  of  the  Worcester  insane  hospital  in  mak- 
ing alterations  in  the  boiler  house  and  engine  room  and 
in  providing  necessary  heating  and  electrical  apparatus. 
The  above  amount  shall  be  paid  from  any  receipts  that 
may  be  paid  into  the  treasury  of  the  Commonwealth  by 
said  hospital.  Approved  June  23,  1902. 

Ohai).^  19  I^ESOLVE   TO   PROVIDE  FOR   CERTAIN  IMPROVEMENTS  AT   THE  MASSA- 
CHUSETTS  STATE   SANATORIUM. 

Ssanato""         ResoJved,  That  the  following  sums  be  allowed  and  paid 
"■'""i-  out  of  the  treasury  of  the  Commonwealth  from  the  ordi- 

nary revenue,  for  improvements  at  the  Massachusetts  state 
sanatorium,  to  be  expended  under  the  direction  of  the 
trustees  thereof,  namely  :  —  A  sum  not  exceeding  two 
thousand  dollars  for  the  })urchase  of  land  in  the  vicinity 
of  the  sanatorium  ;  and  a  sum  not  exceeding  five  hundred 
dollars  for  repairing  the  roads  leading  to  the  sanatorium. 

Approved  June  26,  1902. 

C/haD.V2i()  i^KSOLVE     TO    CONFIRM     THE    ACTS     OF     SAMUEL     T.     HARRIS     AS     A 

NOTARY   PUBLIC. 

Certain  act«  of        Resohml,  Tluil  thc  acts  of  Samucl  T.  Harris  of  Somer- 

Samuel  1 .  .  ' 

Harris a«  a         viUcasa  Hotar}'^  public,  between   the  twenty-fourth  day 


Resolves,  1902.  —  Chaps.  121,  122.  539 

of  February  in  the  year  eio-hteen  hundred  and  ninety-nine  notary  public 
and  the  ninth  day  of  June  in  the  year  nineteen  hundred 
and  two,  are  liereby  confirmed  and  made  valid,  to  the  same 
extent  as  if  he  liad  been  during  that  time  qualified  to  dis- 
charge the  duties  of  said  oflice. 

Apjjvoved  June  26,  1902. 

Resolve  to  provide  for  an  investigation  and  a  report  by  P'^/yi^lQI 

THE   state   board   OF   AGRICULTURE  AS   TO   THE   FEASIBILITY   AND  "^ 

PROBABLE  COST  OF  PRODUCING  VACCINE  LYMPH  AT  THE  MASSA- 
CHUSETTS AGRICULTURAL  COLLEGE,  FOR  FREE  DISTRIBUTION 
WITHIN   THE   COMMONWEALTH. 

Resolved,  That  the  state  board  of  agriculture  is  hereby  Cost,  etc.,  of 
authorized  and  directed  to  investigate  as  to  the  feasibility  vaccineTyinph 
and   probable   cost   of  producing  vaccine   lymph  at  the  but/oirto''be''" 
Massachusetts  Ao;ricultural  College,  for  free  distribution  investigated, 

o  o    '  etc. 

within  the  Commonwealth,  and  to  report  the  result  of 
such  investio-ation,  tooether  wnth  such  reconmiendations 
as  the  board  may  consider  advisable,  to  the  general  court 
on  or  before  the  fifteenth  day  of  January  in  the  year 
nineteen  hundred  and  three.       Approved  June  26,  1902. 

Resolve   relative    to   the   construction   of  a    bridge   ^^ver  /-yt         ^09 

TAUNTON   great   RIVER   BETWEEN   THE    CITY   OF   FALL   RIVER   AND  -^  '        "" 

THE   TOWN   OF   SOMERSET. 

Tte^^olved,  That  the  county  commissioners  of  the  county  construction  of 
of  Bristol  are  hereby  authorized  and  directed  to  advertise  TaunLn^G^reat 
for  plans  and  estimates  for  a  drawbridge,  with  the  neces-  paiT ilfveTTud 
sary  piers,   abutments  and  approaches  thereto,  between  somerset. 
the  cit}"  of  Fall  River  and  the  town  of  Somerset,   over 
Taunton  (Ireat  river  at  a  point  coincident  with  or  in  the 
vicinity  of  the  present  Slade's  ferry  bridge,  sulficient  to 
accommodate    public    travel.     Said    commissioners    shall 
give   such   public    hearing   or   hearings   as   may  in   their 
opinion  be  necessary,  and  on  or  before  the  fifteenth  day 
of  January  in  the  year  nineteen  hundred  and  three  shall 
report  to  the  general  court  the  result  of  their  investiga- 
tions in  writing,  Avitli  such  recommendations  as  they  may 
deem  proper,  and  with  a  statement  of  the  probable  cost 
of  the  said  bridge,  and  of  the  parties  by  whom  the  cost 
should  be  borne  and  paid.     For  the  purposes  aforesaid 
the  said  commissioners  are  hereby  authorized  to  expend 
from  the  treasury  of  the  county  of  Bristol  a  sum  not  ex- 
ceeding five  thousand  dollars. 

Apiproved  June  26,  1902. 


540 


Resolves,  1902.  —  Chaps.  123,  124. 


CA«/i.l23  Resolve  to  authorize  the  payment  of  a  sum  of  money  from 

THE     treasury     OF     THE     COMMONWEALTH     TO     THE     WIDOW     OF 


Certain  eum  of 
money  to  be 
paid  to  widow 
of  William  H. 
Jarvis. 


WILLIAM   II.   JARVIS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  from  the  ordinary  revenue, 
the  sum  of  seven  hundred  dollars,  to  Lydia  V.  Jarvis,  the 
widow  of  William  H.  Jarvis  late  messenger  for  the  execu- 
tive department,  being  the  remainder  of  the  salary  to 
which  said  Jarvis  would  have  been  entitled  had  he  lived 
and  served  as  messenger  until  the  end  of  the  current  year. 

Approved  June  27,  1902. 


(7/iaz>.124  Resolve  to  authorize  the  board  of  harbor  and  land  com- 
missioners TO  M.\KE  A  SURVEY  AND  ESTIMATE  TO  DETERMINE 
THE  COST  OP  ACQUIRING  A  PART  OF  MOUNT  TOM  AND  MOUNT 
NONOTUCK   AS   A   STATE   RESERVATION. 


Estimate,  etc., 
to  be  made  to 
determine  cost 
of  acquiring 
part  of  Mount 
Tom  and 
Monnt  Nono- 
tuck  aa  a  state 
reservation. 


Resolved,  That  the  board  of  harbor  and  land  commis- 
sioners is  hereby  authorized  to  make  surveys,  examina- 
tions and  estimates  to  determine  the  probable  cost  of 
acquiring  an  area  of  about  three  thousand  acres  of  land 
situate  on  or  about  Mount  Tom  and  Mount  Nonotuck  in 
the  count}^  of  Hampshire,  suitable  for  a  state  reservation, 
excluding  therefrom  railroads  and  railways,  lands  occu- 
pied as  the  usual  locations  therefor,  and  buildings  appurte- 
nant to  said  railroads  and  railways  ;  and  to  report  thereon 
to  the  general  court  on  or  before  the  fifteenth  day  of 
January  in  the  year  nineteen  hundred  and  tlni'ce.  To 
pay  the  cost  of  such  survey  and  examination  the  board 
may  expend  a  sum  not  exceeding  two  thousand  dollars ; 
and  the  said  board  and  its  employees  may  enter  upon  land 
^vithin  this  Commonwealth  when  it  may  be  necessary  to 
do  so  for  the  purpose  of  this  resolve,  and  may  erect 
Avorks,  stations,  buildings  and  appurtenances  requisite 
for  that  purpose  :  provided,  that  no  unnecessary  injury 
shall  be  done  thereby.  Sections  ten,  eleven  and  twelve 
of  chapter  one  of  the  Revised  Laws  shall  appl>'  to  the 
settlement  for  any  damage  done  in  connection  with  the 
work  hereby  authorized.  Approved  June  27,  1902. 


Resolves,  1902.  — Chaps.  125,  126.  541 


Resolve  to  provide  for  certain  improvements  at  the  lyman  QJinrj  1 95 

SCHOOL  for   boys. 

JResoJved,  That  there  be  allowed  and  paid  out  of  the  Lyman  school 
treasury  of  the  Commonwealth  a  sum  not  exceeding  ""^  °^*' 
eleven  thousand  five  hundred  dollars,  to  be  expended  at 
the  Lyman  school  for  boys  under  the  direction  of  the 
trustees  thereof  for  the  following  purposes,  to  wit :  — For 
a  storage  battery  and  other  electrical  improvements,  a 
sum  not  exceeding  nine  thousand  dollars  ;  and  for  con- 
necting the  pumping  station  with  the  electrical  machinery 
in  the  laundry  building,  a  sum  not  exceeding  twenty-five 
hundred  dollars.  Approved  June  27,  1902. 


Resolve  to  provide  for  an  investigation  and  a  report  uy  Hl^f/q^  1  9fi 
the  state  board  of  charity  as  to  a  new  sanatorium  for  *   " 

consumptives. 

Revived,  That  the  state  board  of  charity  is    hereby  state  board  of 
directed  to  investigate  the  following  matters  and  to  re-  Lvestfga'te, 
port  thereon  to  the  general  court  on  or  before  the  fifteenth  new  Baimtonum 
day  of  January  in  the  year  nineteen  hundred  and  three,  j^'g^*'"^™?- 
to  wit :  — 

First.  Is  it  necessary  or  expedient  for  the  Common- 
wealth to  make  additional  provision  for  the  care  and 
treatment  of  consumptives  ?  If  so,  should  such  provision 
be  made  by  establishing  one  large  new  sanatorium  or  by 
establishing  several  smaller  institutions,  and,  if  several, 
should  these  be  located  in  different  parts  of  the  Common- 
wealth so  as  to  provide  for  patients  at  sanatoriums  com- 
paratively near  their  places  of  residence  ? 

Second.  Should  the  patients  be  furnished  board  and 
treatment  without  charge,  or  should  a  moderate  charge, 
not  exceeding  the  actual  cost,  be  made  for  board?  And, 
if  the  patients  should  be  unable  to  pa}^  for  their  board, 
should  the  cities  and  towns  in  which  they  have  a  legal 
settlement  be  required  to  pay  therefor? 

Third.  Where,  in  the  opinion  of  the  board,  should  a 
new  sanatorium  or  new  sanatoriums  be  established? 

Fourth.  What  would  the  board  recommend  as  to  the 
material,  plan,  manner  of  construction  and  details  of  such 
sanatorium  or  sanatoriums? 

If  the  board  should  conclude  that  it  is  advisable  for  the  Plan  of  buud- 
Commonwealth  to  establish  a  sanatorium  or  sanatoriums  be^prep^'ed.*^ 


542 


Resolves,  1902.  —  Chaps.  127,  128. 


Certain  Bum 
may  be 
expended. 


the  boiiid  is  authorized  to  prepare  a  general  plan  of  a 
building  or  buildings  therefor,  together  Avith  an  estimate 
of  the  eost  of  eonstrueting  them,  and  sueh  plan  and  esti- 
mate  shall  form  jxirt  of  the  report  to  l)e  made  by  the 


lioard  to  the  giMieral  court. 


In  carrying  out  the  provisions  of  this  resolve  the  board 
may  exjjend,  with  the  approval  of  the  governor  and  coun- 
cil, a  sum  not  exceeding  two  thousand  dollars. 

Approved  June  27,  1902. 


C/lCtp.^^7  Resolve  in  favok  of  the   cape  cod  riLoiair  memokial  asso- 
ciation. 


Cape  Cod  Pil- 
grim Memorial 
ABBociation. 


Provisos. 


Resolved,  That  there  be  alloAved  and  paid  out  of  the 
treasury  of  the  Commonwealth  to  the  Cape  Cod  Pilgrim 
Memorial  Association  a  sum  not  exceeding  twenty-tive 
thousand  dollars,  to  be  expended  by  the  said  association 
in  erecting  at  Provincetown  a  suitable  memorial  of  the 
first  landing  of  the  Pilgrims  on  the  soil  of  C^ape  Cod  and 
the  signing  of  the  compact  in  the  cabin  of  the  Mayflower 
while  at  anchor  in  Provincetown  harbor :  provided,  that 
no  part  of  this  sum  shall  be  paid  until  the  site  and  char- 
acter of  the  proposed  memorial  shall  have  been  approved 
by  the  governor  and  council,  nor  until  satisfactory  evi- 
dence shall  have  been  furnished  to  them  that  an  equal 
sum  has  been  raised  and  paid  to  said  association  for  the 
same  purpose,  exclusive  of  land  for  the  monument,  which 
shall  have  been  given  by  the  town  of  Provincetown,  and 
that  the  combined  sums  will  be  sufficient  to  pay  the 
whole  cost  of  erecting  said  memorial ;  and  provided, 
further,  that  unless  the  said  sum  of  twenty-five  thousand 
dollars  shall  have  been  raised  and  paid  to  the  said  Cape 
Cod  Pilgrim  Memorial  Association  for  said  memorial 
before  the  fifth  day  of  July  in  the  year  nineteen  hundred 
and  five  this  resolve  shall  be  null  and  void. 

App)roved  June  27,  1902. 


Chd/J.l^iS  l^ESOLVE   TO   PROVIDE   FOR  THE   PURCHASE   OF  LAND  FOR   THE  MED- 

FIELD  INSANE  ASYLUM. 


Medfield 
insane  asylum. 


Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  of  the  Commonwealth  a  sum  not  exceeding  two 
thousand  dollars,  to  be  expended  by  the  superintendent 
and  trustees  of  the  Medfield  insane  asylum  for  the  pur- 
chase of  land  for  the  enlargement  of  the  plant  at  said 
institution.  Approved  June  28,  1902. 


Resolves,  1902.  —  Chaps.  129,  130.  543 


Resolve  in  favor  of  albin  m.  kichards.  Chan  129 

Resolved,  That  there  be  allowed  and  paid  to  Albin  ]\I.  AibinM. 
Richards  of  Cambridge  the  sum  of  two  hundred  dollars, 
and  interest  as  hereinafter  provided,  the  same  to  bo  paid 
from  the  Harbor  Coni})ensation  Finid,  said  sum,  less  the 
interest,  being  the  amount  of  assessments  made  by  the 
Ijoard  of  harbor  and  land  commissioners  under  chapter 
nineteen  of  the  Public  Statutes  for  the  displacement  of 
tide  waters  occasioned  by  tilling  in  flats  and  building  a 
wharf  on  the  Mystic  river,  which  was  paid  by  the  said 
Albin  ]M.  Richards  in  the  month  of  February  in  the  year 
eighteen  hundred  and  ninety-five  :  provided,  Jioicever,  that  Provisos, 
said  payment  shall  not  be  made  if,  within  tliree  years  from 
the  date  of  the  passage  of  this  resolve,  it  shall  be  deter- 
mined by  judgment  and  decree  of  the  superior  court  or 
the  supreme  judicial  court  that  the  assessments  for  tide 
water  displacement  levied  by  said  board  against  Albert 
Metcalf  and  Joseph  Stone,  respectively,  under  the  provi- 
sions of  section  twenty-three  of  chapter  ninety-six  of  the 
Revised  Laws  was  legally  assessed  ;  and  pi'ovided ,  furt/te)-, 
that  said  Albin  M.  Richards,  in  addition  to  the  said  sum 
of  two  hundred  dollars,  shall  be  entitled  to  receive  from 
the  said  Harbor  Compensation  Fund  interest  on  the  prin- 
cipal sum  of  two  hundred  dollars  before  mentioned,  from 
the  fifteenth  day  of  February  in  the  year  eighteen  hun- 
dred and  ninety-five  to  the  date  of  payment  under  this 
resolve,  at  the  rate  of  four  per  cent  per  annum. 

Approved  Jane  28,  1902. 

Resolve  to  provide  for  an  investigation  and  estimate  uy  QTifij)  130 

THE  board  op  harbor  AND  LAND  COMMISSIONERS  OF  THE  COST 
OF  IMPROVING  THE  CHANNEL  FROM  SCORTON  HARBOR  TO  BARN- 
STABLE  BAY   IN  THE   TOWN   OF   SANDWICH. 

Resolved,  That  the  board  of  harbor  and  land  commis-  Estimate  to  be 

,  ,  ,      A    1  ^  j^      1  1         made  of  cost  of 

sioners  is  hereby  requested  to  make,  or  cause  to  be  made,  improving 
an  investigation  as  to  the  advisability  and  cost  of  com-  scomn  harbor 
pleting  the  improvements  of  the  channel  from  Scorton  to^samstabie 
harbor  to  Barnstable  bay  in  the  town  of  Sandwich,  and 
to  report  thereon,  with  an  estimate  of  the  cost,  to  the 
next  general  court   not  later  than  the  fifteenth  day  of 
Januar}^  in  the  year  nineteen  hundred  and  tliree.     The 
expense  of  the  said  investigation  shall  be  paid  out  of  the 
annual   harbor  and  river  improvement  and  contingency 
appropriation.  Ap)p>roved  June  28,  1902. 


544  Resolutions. 


RESOLUTIONS. 


Resolutions  relative  to  an  amendment  ok  the  constitution 
of  the  united   states   enabling   conguess  to  enact   laws 
regulating  hours  of  labor. 
Relative  to  an         Remlved^  That  in  the  opinion  of  the  general  court  of 
the  constitution  Massachusctts  it  is  desirable  that  the  constitution  of  the 
states  eimwing   United  Statcs  should  be  so  amended  as  to  place  it  clearly 
enaft  law^reg-   withlu  the  powcr  of  cougrcss  to  cuact  laws  regulating  the 
{•^'^Jl^^s  hours  of  hours  of  labor   in  the  several  states  according  to  some 
uniform  system  ;   and  the  senators  and  representatives  of 
this  Commonwealth  in  congress  are  hereby  requested  to 
use  their  influence  to  procure  the  adoption  of  the  resolu- 
tion now  pending  which  proposes  such  an  amendment  to 
the  constitution. 

Resolved,  That  properly  attested  copies  of  these  reso- 
lutions be  forwarded  b}^  the  secretary  of  the  Common- 
wealth to  the  presiding  officers  of  both  branches  of 
congress,  and  also  to  the  senators  and  representatives  in 
congress  from  this  Commonwealth. 

In  House  of  Representatives,  adopted,  February  6,  1902. 
In  Senate,  adopted,  in  concurrence,  February  11,  1902. 

Resolutions  requesting  congress  to  provide  for  an  investi- 
gation BY  the  united  states  goveknment  op  the  feasibility 
OP  constructing  a  canal  between  aveymouth  fore  river 

and   TAUNTON  RIVER. 

Mi?grefs'to  Resolved,  That  the  general  court  of  Massachusetts  re- 

provide  for  an    ciucsts  that  tlic  couOTcss  of  tlic  United  States  shall  take 

inventigutiou  of      ^  ^  ^       O  ^ 

the  feuBihiiity  sucli  actiou  as  wlU  provide  for  an  investigation  by  the 
a  canal  between  United  Statos  government  of  the  feasibility  of  construct- 
Fore  river  and    ing  a  canal  from  Weymouth  Fore  river  to  Taunton  river, 

Taunton  river. 


Resolutions.  545 

by  way  of  the  city  of  Brockton,  in  this  Commonwealth, 
and  for  a  report  thereon,  to  be  made  as  speedily  as  pos- 
sible, to  congress. 

Resolved,  That  copies  of  these  resolutions  be  sent  by 
the  secretary  of  the  Connnonwealth  to  the  presiding  offi- 
cers of  both  branches  of  congress  and  also  to  the  senators 
and  representatives  in  congress  from  this  Commonwealth. 

Ill  House  of  Representatives,  adopted,  March  6,  1902. 
In  Senate,  adopjted,  in  concurrence,  March  11,  1902. 

Resolutions  on  the  death  of  henry  Gardner  greene,  repre- 
sentative FROM  THE  thirteenth  WORCESTER  REPRESENTATIVE 
DISTRICT. 

Whereas,  Henry  Gardner  Greene,  member  of  the  house  on  the  death  of 
of  representatives  from  the  tiiirteenth  Worcester  repre-  GreeL. 
sentative  district,  died  at  Fitchburg  on  the  eighth  day  of 
March  in  the  year  nineteen  hundred  and  two  ; 

Resolved,  That  the  house  hereby  records  its  deep  re- 
gret at  the  loss  of  a  useful  and  conscientious  member,  who 
came  to  it  with  an  enviable  and  unblemished  record  as 
soldier,  citizen  and  public  officer.  Colonel  Greene,  born 
at  Westborough  in  eighteen  hundred  and  forty-three,  en- 
tered the  army  at  the  age  of  nineteen,  and  served  through- 
out the  civil  war.  Inmiediately  after  being  mustered  out 
he  took  up  the  active  duties  of  civil  life,  engaging  as  clerk 
in  a  business  of  which,  by  industry,  faithfulness  and  skill, 
he  subsequently  became  manager  and  then  proprietor. 
In  eighteen  hundred  and  sixty-seven  he  enlisted  as  a  pri- 
vate in  the  militia  and  rose  through  the  various  grades,  be- 
comino;  colonel  of  the  sixth  reo^iment  in  eighteen  hundred 
and  eighty-four,  which  office  he  held  until  he  resigned  in 
eighteen  hundred  and  ninety.  He  was  deputy  sheritl'  from 
eighteen  hundred  and  seventy-eight  till  the  time  of  his 
death,  and  for  many  years  warden  of  his  ward.  In  these 
and  in  all  the  other  relations  of  life  he  won  not  only  the 
respect  of  the  community,  but  the  aftcction  of  all  who  knew 
him  well,  being  liked  most  by  those  who  kncAv  him  best. 
Colonel  Greene  had  a  kindly  humor,  a  charity  without 
ostentation,  and,  under  a  quiet,  pleasant  manner,  he  pos- 
sessed a  will  of  iron  which  resisted  the  approach  of  death 
itself. 


546  Kesolutions. 

Remlved^  That  the  house  of  representatives  offers  its 
sym})athy  to  the  family  of  its  deceased  iiieiuber,  and  di- 
rects that  a  copy  of  these  resolutions  be  sent  to  them, 
and  also  that  the  resolutions  be  entered  upon  the  journal 
of  the  house. 

In  House  of  Representatives^  adopted,  March  14,  1902. 

\  

Resolutions  in  suppokt  of  the  bill  now  pending  liEFORE  the 

CONGRESS    of    THE    UNITED    STATES     TO     INCREASE     THE    PAY     OF 
LETTER  CARRIERS. 

In  support  of  Wherecfs,  A  bill  to  increase  the  pay  of  letter  carriers 

l)ul  now  penti-      _  '  _  _  I     J 

iug  before  con-    i.sj  now  pending  in  congress  ;  and 

the  pay  of  letter  Wlterecis,  We  bcUeve  tho  enactment  into  law  of  said 
bill  would  be  an  act  of  justice  to  the  thousands  of  faithful, 
industrious  and  intelligent  letter  carriers  who  collect  and 
deliver  the  United  States  mail ;  therefore  be  it 

liesolved.,  That  the  general  court  of  the  Commonwealth 
of  Massachusetts  approves  and  heartily  endorses  H.  R. 
bill,  No.  G279,  and  respectfully  recommends  to  the  sen- 
ators and  representatives  from  this  Commonwealth  in 
congress  to  urge  the  members  of  the  committee  on  j)ost 
offices  and  post  roads  to  make  a  favorable  report  on  said 
bill,  and  that  they  use  all  honorable  means  to  secure  its 
enactment  into  law  at  the  present  session  of  congress. 

HemJved^  That  properly  attested  copies  of  these  reso- 
lutions be  forwarded  by  the  secretary  of  the  Commonwealth 
to  the  presiding  officers  of  both  biunches  of  congress,  and 
also  to  the  senators  and  representatives  in  congress  from 
this  Commonwealth. 

In  House  of  Representatives,  adopted,  April  30,  1902. 
In  Seriate,  adopted,  in  concurrence.  May  1,  1902. 

Resolutions   relative    to   the   building   of   war   vessels   in 

NAVY   yards   of   THE   UNITED   STATES. 

buudlng^of  war  Revived,  That  the  senators  and  representatives  from 
Jards  oflhr^  Massachusetts  in  the  congress  of  the  United  States  are 
United  States.  re(i[uested  to  use  all  reasonable  efforts  to  secure  the  pas- 
sage of  the  naval  ap])ropriation  bill  now  pending,  in  such 
form  as  shall  authorize  the  construction  by  the  United 
States  government  in  its  own  navy  yards  of  some  of  the 
war  vessels  to  be  built  under  the  provisions  of  that  bill. 


Eesolutions.  547 

Besolved,  That  properly  attested  copies  of  these  reso- 
lutions be  sent  to  each  of  the  senators  and  representatives 
from  Massachusetts  in  congress. 

fn  Senate,  adopted,  May  1,  1902. 

In  House  of  Representatives,  adojyted,  in  concurrence,  May 
7,  1902. 

The  general  court  of  1902,  during  its  annual  session,  passed  545 
acts  and  130  resolves  which  received  the  approval  of  his  excellency 
the  governor. 

"  A  Resolve  to  direct  the  Board  of  Harbor  and  Land  Commissioners 
to  improve  the  entrance  of  Herring  river  in  the  town  of  Harwich  " 
was  passed  and  laid  before  the  governor  for  his  approval,  and  was 
returned  by  him,  with  his  objections  thereto,  to  the  house  of  rep- 
resentatives, the  branch  in  which  it  originated ;  was  reconsidered, 
agreeably  to  the  provisions  of  the  Constitution,  and  the  vote  being 
taken  on  passing  the  same,  the  objections  of  the  governor  to  the  con- 
trary notwithstanding,  it  was  rejected,  two  thirds  of  the  members  not 
having  voted  in  the  affirmative. 

The  general  court  was  prorogued  on  Saturday,  the  twenty-eighth 
day  of  June,  at  5.26  p.m.,  the  session  having  occupied  179  days. 


548  Governoe's  Address. 


IJS^AUGUKAL   ADDRESS 


His  Excellency  W.  Mueray  Crane. 


At  twelve  o'clock  on  Thursday,  the  second  day  of  Jan- 
uary, his  excellency  the  governor,  accompanied  by  his 
honor  the  lieutenant  governor, .  the  members  of  the  ex- 
ecutive council,  and  officers  of  the  civil  and  military 
departments  of  the  government,  met  the  senate  and  house 
of  representatives,  in  convention,  and  delivered  the  fol- 
lowing 

ADDRESS. 

Members  of  the  General  Court  of  Massachusetts  : 

In  preparing  a  statement  of  the  financial  condition  of 
the  Commonwealth  I  have  decided  to  make  it  brief,  and  to 
deal  only  with  totals,  referring  those  who  wish  for  fuller 
information  to  the  annual  reports  of  the  treasurer  and 
the  auditor. 

The  gross  debt  of  the  Commonwealth,  actual  and  con- 
tingent, Jan.  1,  1902,  was  $77,696,635.30.  Of  this 
amount,  $25,738,223.30  is  represented  by  loans  which 
have  been  issued  for  state  purposes  exclusivelyj  and 
$51,958,412,  the  total  contingent  debt,  by  loans  which 
have  been  issued  for  the  benefit  of  cities  and  towns,  and 
which  will  be  repaid  ultimately  by  them  to  the  Common- 
wealth. Ap})licable  to  the  loans  issued  for  strictly  state 
purposes  there  are  accumulations  in  sinking  funds  amount- 
ing to  $13,278,169.69,  making  the  net  actual  state  debt 
$12,460,053.61.  For  the  redemption  of  the  loans  in- 
cluded in  the  contlnofent  debt  there  are  accumulations 
in  sinking  funds  amounting  to  $3,312,853.17,  which 
amount,  applied  to  the  principal  of  the  loans,  makes 
the  net  contingent   debt    $48,645,558.83.     Of   the   net 


Governor's  Address.  549 

contingent  debt,   $1,101,082.49  falls  upon  certain  cities 
and  towns  in  which  armories  have  been  built,   and  the 
remainder,  $47,544,476.34,  upon  the  cities  and  towns  in 
the  metropolitan  water,  sewerage  and  parks  districts. 
The  net  actual  state  debt  for  five  years  is  as  follows  :  — 

Jan.  1,  1898, |12,462,378  82 

Jan.  1,  1899, 14,698,964  24 

Jan.  1,  1900 16,869,171  04 

Jan.  1,  1901, 11,704,166  45 

Jan.  1,  1902, 12,460,053  61 


ECONOMY    IN    EXPENDITURES. 

The  receipts  of  the  Commonwealth  do  not  increase  in 
a  ratio  corresponding  to  its  expenditures,  and  unless  a 
greater  restraint  is  exercised  over  appropriations  it  will 
not  be  long  before  new  sources  of  revenue  will  need  to 
be  discovered.  There  is  no  danger  that  the  state  will 
fail  in  its  duty  in  caring  for  its  educational,  penal  and 
charitable  institutions.  We  all  desire  that  they  shall  be 
maintained  at  a  high  standard  ;  but  poorly  considered  or 
mertdy  experimental  changes,  which  add  to  their  cost 
Avithout  increa.sing  their  usefulness,  are  drains  upon  the 
treasury  which  the  taxpayers  ought  not  to  be  called  upon 
to  supply.  AVe  must  keep  the  Commonwealth  progres- 
sive and  liberal,  but  at  the  same  time  we  must  not  forget 
that  it  is  our  duty  to  administer  her  afiairs  with  a  scrupu- 
lous regard  for  the  strictest  economy. 

The  scale  of  salaries  and  wages  established  by  the 
Commonwealth  is  fair  and  liberal,  and  in  many  cases, 
considering  the  service  rendered,  even  generous ;  and  I 
urge  that  you  will  scrutinize  carefully  all  applications 
for  increases,  and  that  none  shall  be  authorized  except  in 
distinctly  meritorious  cases. 


METROPOLITAN    AVATER    AND    SEA\T:RAGE    DISTRICTS. 

Under  the  act  of  the  legislature  of  last  year  the  met- 
ropolitan Avater  board  and  the  board  of  metropolitan 
scAverage  commissioners  Avere  consolidated,  and  the  board 
created  was  called  the  metropolitan  water  and  scAverage 
board.  The  act  went  into  eft'ect  on  March  20,  1901,  and 
since  that  date  the  new  board  has  performed  all  the  duties 
formerly  entrusted  to  the  two  bodies  of  commissioners. 


550  Governor's  Address. 

The  water  board  last  year  called  attention  to  the  great 
increase  from  year  to  year  in  the  consumption  of  water 
in  the  district,  and  its  successor  has  begun  extended  in- 
vestigations relative  to  the  excessive  use  and  waste  of 
water.  This  increase  not  only  necessitates  a  great  in- 
crease in  current  expenses,  but  it  hastens  the  time  when 
still  greater  expenditures  must  bo  incurred,  not  only  for 
new  sources  of  supply  but  also  for  new  pumping  facili- 
ties, new  aqueducts  and  now  pipe  mains.  There  is  un- 
doubtedly a  considerable  consumption  of  water  which  is 
excessive  and  wasteful  and  which  can  be  prevented. 
Some  method  should  be  devised  by  which  every  city  and 
town,  if  not  every  individual  water  taker,  sliall  be  finan- 
cially interested  in  the  prevention  of  waste  and  of  the 
excessive  use  of  water. 

The  metropolitan  water  act  based  the  amotmt  of  assess- 
ment laid  on  each  city  and  town  upon  its  valuation  or 
upon  its  valuation  and  population,  and  not  upon  the 
amount  of  water  distributed  within  its  limits.  If  for 
population  as  an  element  in  determining  the  measure  of 
its  assessment  there  be  substituted  the  consumption  of 
water,  each  of  the  cities  and  towns  affected  would  be 
given  a  direct  incentive  to  prevent  an  undue  consump- 
tion within  the  municipality.  This  change  can  be  accom- 
plished readily,  and  I  recommend  such  legislation  as  may 
be  necessary  to  carry  it  into  eflect. 

Meters  have  been  introduced  into  some  municipalities 
with  beneficial  effect.  It  is  now  worthy  of  consideration 
whether  the  use  of  meters,  wholly  or  in  part,  ought  not 
to  be  compelled,  or  at  least  whether  some  measure  may 
not  be  adopted  whereby  municipalities  and  water  takers 
shall  be  encouraged  in  the  use  of  meters  by  the  promise 
of  financial  advantage. 

The  quality  of  the  water  afforded  to  the  metropolitan 
district  has  continued  to  be  excellent,  and  will  compare 
most  favorably  with  that  furnished  by  the  other  great 
water  supplies. 

The  total  amount  expended  on  account  of  the  metro- 
politan water  works,  beginning  with  the  year  1<S95,  until 
Nov.  1,  1901,  has  boon  $30,044,987.22.  Of  this  amount, 
$16,287,730.51  has  been  paid  for  construction,  land, 
water  and  business  damages  and  general  expenses  ;  $12,- 
860,180.99  has  been  })aid,  principally  to  the  city  of 
Boston,  for  existing  water  works;  and  $897,020.22  for, 
maintenance. 


Governor's  Address.  551 

A  larjfer  amount  of  seweras^e  construction  has  been 
carried  on  than  in  any  preceding  year,  involving  the 
expenditure  of  upwards  of  two  and  one  quarter  millions 
of  dollars. 

The  larger  work  has  been  the  building  of  the  high- 
level  sewer,  begun  in  the  year  1900,  for  the  south  metro- 
politan district.  This  sewer  is  designed  to  relieve  the 
existing  Charles  and  Neponset  river  valley  systems,  and 
extends  through  the  portions  of  Boston  formerly  called 
Roxbury  and  West  Roxbury,  and  Hyde  Park,  Milton 
and  Quincy,  to  the  sea.  Six  miles  of  this  sewer  have 
been  completed,  seven  miles  more  are  under  construction, 
and  contracts  will  soon  be  made  for  the  remaining  three 
miles.     The  appropriation  for  this  work  was  |4, GOO, 000. 

The  extension  of  the  north  metropolitan  system,  by 
the  construction  of  five  miles  of  sewer  for  the  relief  of 
the  town  of  A\^akefield  and  portions  of  the  cities  of 
Chelsea  and  Everett,  has  been  completed.  This  system, 
Avhich  provides  for  the  sewerage  of  the  territory  north 
of  the  Charles  river,  comprising  the  cities  of  Cambridge, 
Chelsea,  Everett,  Maiden,  Medford,  Melrose,  Somerville 
and  Woburn,  and  portions  of  the  cit}^  of  Boston,  and 
the  towns  of  Arlington,  Belmont,  Stoneham,  Wakefield, 
Winchester  and  Winthrop,  is  operated  by  the  metro- 
politan board,  with  sewers  aggregating  a  length  of  fifty- 
six  miles. 

The  total  expenditures  on  account  of  the  metropoli- 
tan sewerage  works  to  Nov.  1,  1901,  have  amounted  to 
$9,688,305.2(5.  Of  this  amount,  $8,712,591.08  has  been 
paid  for  construction,  damages  and  general  ex})enses,  and 
$975,714.18  for  maintenance. 


METROPOLITAN    PARKS    DISTRICT. 

During  the  past  year  the  chief  work  of  construction 
by  the  metropolitan  park  commission  has  been  upon 
Revere  Beach  parkway  and  upon  Mattapan  bridge,  as 
part  of  the  Blue  Hills  parkway.  The  former  is  nearly 
ready  for  travel  between  Everett  and  Revere  Beach, 
although  a  bridge  and  apj)roachcs  remain  to  1)0  built  by 
the  Boston  and  Maine  Railroad,  under  a  contract  which 
requires  the  work  to  be  done  in  connection  with  the 
abolition  by  the  railroad  of  tlie  highway  grade  crossing 
at  Revere  station.  INIattapan  bridge  will  probably  be 
completed  during  the  current  year. 


552  Goveknor's  Address. 

The  settlement  of  claims  for  lands  has  proceeded  rap- 
idly. Fully  one  half  of  the  claims  outstanding  a  year 
ago  against  the  Metropolitan  Parks  Loan,  that  is,  for  the 
reservations,  has  been  adjusted,  leaving  clahns  outstand- 
ing to  an  estimated  amount  of  $300,000  ;  while  all  but 
five  claims,  amounting  to  $4,000,  against  the  Nantasket 
Beach  loan,  have  been  adjusted. 

The  commission  called  attention  last  year  to  a  probabhi 
deficiency  in  the  Metropolitan  Parks  Loan,  Series  2,  in 
IH'oviding  for  the  balance  of  claims  outstanding  against 
that  loan.  This  has  proved  to  be  the  case.  The  amount 
which  now  appears  likely  to  be  required  to  meet  the  defi- 
ciency is  $450,000. 

No  part  of  the  loans  advanced  by  the  Commonwealth 
for  metropolitan  park  purposes,  now  amounting  to  $9,- 
067,500,  has  been  refunded  by  the  cities  and  towns  which 
compose  the  district.  The  apportionment  made  in  the 
year  1900  by  a  special  commission  appointed  by  the  su- 
preme judicial  court  is  still  under  review  by  the  court, 
and  until  an  apportionment  has  been  approved  and  the 
district  has  begun  to  reimburse  the  Commonwealth  for 
the  loans  advanced  I  recommend  that  no  new  work  should 
be  authorized  by  the  general  court. 

For  each  of  the  last  three  years,  by  authority  of  the 
general  court,  the  governor  and  council  have  fixed  the 
compensation  of  the  members  of  the  metropolitan  park 
commission.  Instead  of  providing  for  the  salaries  of  the 
conmiissioners  annually  I  recommend  legislation  to  estab- 
lish them  on  a  permanent  basis. 


GRADE    CROSSINGS. 

The  abolition  of  crossings  at  the  same  level  of  our  steam 
railroads  and  our  streets  and  public  ways  is  an  important 
matter,  as  affecting  the  safet}^  convenience  and  economy 
of  the  operation  of  railroads,  and  of  the  use  of  the  streets 
and  public  ways.  The  general  law  of  1890,  by  which  the 
policy  of  the  state  in  respect  to  the  abolition  of  grade 
crossings  was  first  established,  has  practically  ceased  to 
be  operative.  The  five  millions  of  dollars,  appropriated 
by  that  act  to  defray  the  proportion  of  the  expenses  of  the 
abolition  of  such  crossings  ])ayable  by  the  (V)mnionMoalth 
and  the  nmnicipalities,  Avill  be  all  spent  in  Avork  which 
has  been  ordered  by  decrees  of  court  and  special  acts  of 
the  legislature. 


Governor's  Address.  553 

Under  the  act  of  1890  there  has  been  expended  :  — 

By  the  Commonweal tb ,  for  itself  and  municipalities, .     $4,749,736  66 
By  the  railroad  companies,  .         .         ...         .         .     12,976,017  60 

Under  special  acts  requiring  the  abolition  of  grade 
crossings,  passed  since  1890,  there  has  been  expended  :  — 

By  the  Commonwealth,  for  itself  and  municipalities,  .  $2,728,084  28 

By  the  railroad  companies, 6,062,409  48 

Total  amount  expended  by   the  Commonwealtli,  for 

itself  and  municipalities, 7,477,820  94 

Total  amount  expended  by  railroad  companies,  .         .  19,038,427  08 

I  am  of  the  opinion  that  the  further  operation  of  tlie 
general  law  for  tlie  abolition  of  tjrade  crossing-s  should 
be  secured  by  an  appropriation  for  that  purpose,  and  I 
therefore  recommend  an  appropriation  of  $5,000,000,  to 
be  expended,  at  the  rate  of  not  more  than  $500,000  in 
any  one  year,  by  the  Commonwealth,  for  the  abolition 
of  grade  crossings  of  railroads  and  public  ways.  I  think 
however  this  appropriation  should  be  made  in  such  a  form 
that  it  may  be  expended  with  due  regard  to  the  relative 
interests  of  all  sections  of  the  Commonwealth,  not  only 
in  respect  to  the  amount  which  is  to  be  expended  in  each 
year,  but  in  respect  to  the  localities  where  it  is  to  be 
expended.  To  secure  this  some  public  officers  should 
be  authorized  to  decide  upon  what  crossings  the  expense 
should  be  incurred.  This  duty  may  properl}'^  be  dis- 
charged by  the  board  of  railroad  commissioners. 

It  seems  to  be  e(|uitable  that  the  street  railways  having 
lines  upon  crossings  to  be  abolished  should  be  re([uired 
to  make  a  proper  contribution  to  the  expense  of  abolition, 
and  should  be  allowed  to  petition  for  the  abolition  of  such 
crossings.  These  railway  companies  have,  under  the 
existing  law,  a  tenure  which  is  practically  secure  in  the 
streets  which  they  occupy.  Their  locations  cannot  be 
revoked  by  the  municipal  authorities  except  for  good 
and  sufficient  reasons,  to  be  stated  in  the  order  of  revoca- 
tion, and  upon  the  approval  of  the  board  of  railroad  com- 
missioners, after  public  notice  and  hearing. 

The  legislature  of  1900  directed  the  board  of  railroad 
commissioners  to  consider  the  matter  of  re(iuiriiig  street 
railway  companies  to  pay  some  portion  of  the  cost  of  the 
abolition  of  grade  crossings,  and  to  report  their  view  upon 
that  subject  to  the  legislature   of  the  year   1901.     The 


554  Gover:nor's  Address. 

commissioners  reported  that,  in  their  judgment,  it  would 
be  equitable  to  require  such  contribution  to  be  made, 
but  that  the  amount  of  it  ought  to  be  determined  in  each 
case  by  the  special  commission  appointed  to  consider  the 
abolition  of  the  crossing. 

It  may  well  be  considered  however  whether  the  street 
railway  company  should  not  have  the  right  to  ask  that  its 
percentage  of  contribution,  as  fixed  by  the  special  com- 
missioners, be  revised  by  the  superior  court.  This  would 
be  an  additional  safeguard  to  the  street  railwa}^  companies 
against  an  undue  assessment ;  and  if  the  provision  giving 
that  right  of  revision  were  properly  guarded,  it  would,  in 
my  judgment,  be  wise. 

The  contribution  of  the  street  railway  company  must 
aifect  the  exact  proportions  in  which  the  cost  of  abolition 
is  distributed  among  the  raih'oad,  the  city  or  town,  and 
the  Commonwealth,  under  the  general  law  of  1890.  In 
view  of  the  special  and  direct  benefits  received  by  the 
other  contributing  parties,  and  the  less  important  and  less 
direct  interest  of  the  Commonwealth  in  the  removal  of 
these  crossings,  and  in  view  of  the  fact  that  in  lessening 
the  expense  to  the  Commonwealth,  provision  is  made  for 
the  abolition  of  a  lars^er  number  of  OTade  crossinofs,  I 
recommend  that  the  amount  contributed  by  the  street  rail- 
way company  be  deducted  from  the  twenty-five  per  cent 
which  would  otherwise  be  paid  by  the  Connnon wealth. 

I  see  no  reason  why  the  percentage  already  established 
as  the  contribution  of  the  railroad  companies  should  be 
increased,  nor,  on  the  other  hand,  why  the  contribution 
of  the  street  railway  companies  should  be  so  applied  as  to 
cause  them  to  pay  less. 

CARE    or    THE    INSANE. 

The  insane  in  the  public  institutions  of  the  Com- 
monwealth numbered  on  Oct.  1,  1901,  7,790;  of  this 
number  3,779  were  men  and  4,011  women.  On  the 
corresponding  date  of  1900  the  total  number  was  7,411, 
showing  an  increase  of  873  for  the  year.  This  was  some- 
what larger  than  the  annual  increase  for  the  previous  five 
years. 

The  general  court  last  year  made  appropriations  to  pro- 
vide for  additions  to  the  present  insane  hospital  buildings, 
to  take  care  of  the  overcrowding  and  the  natural  increase. 


Gover:n^or's  Address.  555 

These  additions  will  be  completed  during  the  current  year, 
and  will  afford  accommodations  for  632  patients. 

The  board  of  insanity  will  this  year  recommend  tliat 
appropriations  be  made  to  provide  accommodations  for 
an  increase  of  475  patients.  In  this  reconnnendation  I 
concur. 

The  site  for  the  state  colony  for  the  insane,  authorized 
under  chapter  451  of  the  acts  of  1900,  has  been  selected 
in  the  towns  of  Gardner  and  Westminster.  The  state 
board  of  insanity  has  purchased  1,500  acres  of  land,  well 
adapted  for  the  purpose,  which  have  passed  into  the  con- 
trol of  a  board  of  trustees  having  powers  and  functions 
similar  to  those  exercised  by  the  trustees  of  other  state 
institutions.  Under  their  direction  work  will  innncdiately 
begin  at  the  colony,  in  order  that  a  few  patients  may  be 
received  early  in  the  coming  spring.  The  milder  insane 
of  the  chronic  class  will  be  gradually  transferred  thither 
from  the  hospitals,  to  the  number  of  about  100  a  year  for 
the  present.  This  will  be  the  first  step  in  the  develop- 
ment of  a  system  of  colony  care  for  the  chronic  insane, 
which  will  be  extended  gradually  in  connection  with 
existing  hospitals  and  asylums  so  far  as  possible,  and  in 
other  directions  according  to  the  claims  of  locality. 

,  TIIE    PUBLIC    SCHOOLS. 

The  latest  school  returns  received  by  the  state  board 
of  education  shoV  that  the  number  of  pupils  of  all  ages 
enrolled  in  the  public  schools  the  preceding  school  3^ear 
was  4()9,188;  in  private  schools,  82,325.  Of  334,913 
persons  returned  by  the  school  census  as  coming  within 
the  compulsory  age  limits  of  seven  and  fourteen  years, 
87  per  cent  were  included  in  the  public  school  enrolment ; 
the  rest,  with  few  exceptions,  in  the  private  school  enrol- 
ment. 

The  total  expenditure  by  the  Commonwealth  and 
municipalities  for  the  public  schools  was  $14,179,947,  of 
which  $11,134,934  was  for  support  and  $3,045,013  for 
school  buildinjjs.  The  cost  for  each  child  in  the  averao-e 
membership  of  the  public  schools  was  $34.91.  The  tax- 
ation burden  for  each  $1,000  of  the  state's  total  valuation 
was  $4.66.  Upon  comparing  these  figures  with  those  of 
the  preceding  ^^ear  it  appears  that,  while  tlie  schooling 
of  each  child  has  increased  somewhat  in  cost,  such  in- 


556  Governor's  Address. 

creased  cost,  in  consequence  of  the  increase  in  valuation, 
has  made  a  reduced  draft  on  each  $1,000  of  the  total  as- 
sessed property  of  the  state. 

Upon  the  public  schools  more  than  upon  any  other 
public  agency  depends  the  welfare  of  the  Commonwealth. 
Their  contribution  to  this  welfare  justifies  the  large  sums 
annually  expended  upon  them. 

SUPERVISION    OF    PUBLIC    REPORTS. 

The  public  documents  printed  by  the  Commonwealth 
have  increased  so  rapidly,  both  in  numbers  and  in  size, 
that  it  is  desirable  to  consider  whether  the  material  they 
contain  may  not  be  presented  in  a  more  condensed  form 
without  impairing  its  value.  These  publications,  to  be 
of  the  greatest  usefulness,  should  be  simple,  comprehen- 
sive and  brief.  In  order  to  promote  these  ends  I  recom- 
mend that  a  board  of  publication  be  established,  to  be 
composed  of  three  state  officials,  to  be  appointed  by  the 
governor  and  council,  who  shall  serve  without  additional 
compensation  and  shall  have  clearly  defined  advisory  and 
supervisory  power  regarding  the  scope  and  size  of  all 
public  reports. 

Sections  10  and  11  of  chapter  107  of  the  Revised  Laws, 
providing  for  the  establishment  of  a  board  of  statistics, 
have  never  been  operative,  and  I  recommend  their  repe%l. 

BOSTON    HARBOR. 

The  general  court  of  1901  provided  for  the  construction 
of  the  necessary  anchorage  facilities  in  Boston  harbor,  and 
during  the  year  the  board  of  harbor  and  land  commission- 
ers has  received  leases  of  all  property  interests  in  the 
location  selected,  and  is  now  about  to  begin  the  work  of 
construction . 

The  work  on  the  main  channel  in  Boston  harbor  has 
been  continued  by  the  general  government,  and  there  is 
now  a  channel  twenty-seven  feet  deep  at  mean  low  water 
from  the  wharves  to  the  sea,  but  its  width  is  restricted  at 
the  Upper  Middle  by  ledges  which  were  uncovered  during 
the  dredging. 

The  necessity  for  increasing  the  size  and  depth  of  the 
main  ship  channel  is  very  great.  An  earnest  effort  should 
be  made  to  impress  upon  Congress  the  need  of  legislation 


Governor's  Address.  557 

such  as  was  embodied  in  the  river  and  harbor  bill  which 
failed  of  passage  at  the  last  session  of  Congress,  and 
which  provided  for  a  channel  thirty-five  feet  deep  from 
the  wharves  to  the  sea. 

STREET    RAILWAY    LOCATIONS. 

Under  existing  law  street  railway  companies  may  be 
organized  at  will,  and  receive  locations  from  local  boards 
of  aldermen  and  selectmen  for  routes  through  any  num- 
ber of  cities  and  towns.  In  orantino;  these  locations 
boards  of  aldermen  or  selectmen  are  naturally  animated 
by  a  desire  to  secure  for  their  respective  cities  and  towns 
peculiar  privileges  and  accommodations,  and  it  is  not  to 
be  expected  that  they  will  study  questions  of  construc- 
tion and  operation. 

It  sometimes  happens  that  in  granting  locations  the 
interests  of  the  public  are  not  satisfactorily  safeguarded ; 
and  a  further  defect  in  the  present  system  is  that  on  the 
same  line  of  railway  there  is  often  found  a  wide  difterence 
in  the  provisions  of  the  grants  made  by  difi*erent  local 
boards. 

I  recognize  the  desirability  of  having  the  local  boards 
proceed,  as  now,  to  grant  locations  in  the  first  instance  ; 
but  I  recommend  a  change  in  the  law,  to  require  that  all 
locations  granted  by  local  boards  shall  be  subject  to  the 
approval  of  the  board  of  railroad  commissioners. 

MUNICIPAL    LEGISLATION. 

I  renew  my  former  reconnnendations  on  the  subject  of 
municipal  legislation.  It  is  good  policy  to  compel  cities 
and  towns  to  depend  upon  their  own  resources  in  the 
management  of  their  local  afi'airs,  instead  of  encouraging 
them  to  come  to  the  legislature  for  relief  when  no  real 
necessity  therefor  exists.  They  should  be  let  alone  to 
work  out  their  own  problems,  excepting  in  the  extreme 
cases  where  it  is  necessary  to  invoke  the  paramount  au- 
thority of  the  legislature  to  legalize  important  measures 
vitally  afl'ecting  their  interests. 

I  am  glad  to  bear  witness  that  last  year  there  was  great 
improvement  in  respect  to  this  class  of  legislation  ;  and 
I  trust  that  in  your  consideration  of  nmnicipal  measures 
this  year  you  will  find  it  advisable  to  exercise  still  further 
restraint. 


558  Governor's  Address. 


INSURANCE. 

The  Massachusetts  insurance  department  is  sustained 
by  fees  for  services  charged  upon  the  insurance  companies. 
These  fees  arc  not  designed  to  be  a  source  of  revenue, 
but  are  intended  merely  to  meet  the  expenses  of  the 
department.  In  the  early  days  of  the  department  these 
fees  amounted  to  a  trifle  more  than  its  expenses  ;  but 
with  the  growth  of  the  insurance  business  their  amount 
has  become  very  much  larger  than  the  sum  needed  to 
support  the  department.  During  the  year  1900  the  fees 
were  $84,777.47,  and  the  expenses  of  the  department 
only  $41,380.34,  so  that  the  department  collected  from 
the  companies  more  than  twice  the  amount  required  for 
its  support. 

This  increase  of  fees  results  largely  from  the  charges 
made  for  valuation  of  the  policy  liabilities  of  the  life 
companies,  which  the  legislatm'e  has  heretofore,  in  1884 
and  1894,  remedied  in  a  measure  by  reduction  of  the 
scale  of  charges.  The  present  condition  touches  the 
home  life  companies  most  nearly,  which,  in  consequence 
of  the  retaliatory  laws  of  other  states,  are  compelled  to 
pay  in  those  States  the  fees  for  valuation  of  their  policies 
that  have  been  charged  here  for  similar  service  to  the 
companies  of  such  states,  but  from  which  they  would  be 
relieved  in  many  cases  by  reciprocal  provisions  in  our 
own  laws.  This  results  in  imposing  upon  our  home 
companies  retaliatory  fees  to  an  amount  much  in  excess 
of  that  paid  to  the  Massachusetts  department  for  all  its 
valuation  work  upon  the  entire  list  of  companies  transact- 
ing business  in  the  Commonwealth. 

This  burden  may  be  lightened  to  a  considerable  extent 
by  remitting  the  valuation  fees  upon  the  companies  of 
those  states  having  reciprocal  laws,  retaining  the  charges 
only  upon  the  others.  This  change,  which  I  recommend, 
would  not  reduce  the  income  of  the  department  so  far  as 
to  render  it  insufficient,  and  would  effect  a  welcome  relief 
to  the  home  companies. 

THE    REVISED    LAWS. 

The  thorough  and  exhaustive  labors  of  the  commission 
appointed  by  the  legislature  of  1896  to  consolidate  and 


Gover]S'or's  Address.  559 

arrange  the  general  laws  of  the  Commonwealth  have 
resulted  in  the  enactment  by  your  innuediate  predeces- 
sors of  a  new  compilation  of  the  general  laws  of  the 
Commonwealth.  The  work  is  in  two  volmnes,  entitled 
The  Revised  Laws  of  the  Commonwealth.  This  compila- 
tion went  into  effect  Jan.  1,  1902. 

The  enactment  of  this  consolidation  leads  me  to  suo-orest 
that  more  than  usual  caution  be  exercised  in  altering  or 
amending  the  genei*al  laws  as  they  stand.  It  is  of  the 
first  importance  that  all  citizens  be  able  to  ascertain 
readily  what  the  laws  of  the  Commonwealth  are.  Every 
amendment  increases  the  difficulty  of  ascertaining  and 
understanding  them.  While  it  is  true  that  the  statutes 
of  the  state  should  keep  pace  with  its  progress  and  civili- 
zation, it  is  nevertheless  especially  true  at  this  time,  now 
that  the  laws  are  to  be  published  in  a  form  readily  acces- 
sible to  and  easily  found  by  every  citizen  of  the  Com- 
monwealth, that  proposed  changes  should  be  carefully 
considered  before  being  acted  upon.  The  presumption 
should  be  against  such  amendments.  It  is  more  impor- 
tant that  the  law  be  permanently  fixed  and  easily  acces- 
sible than  that  experiments  in  new  legislation  should  be 
constantly  tried. 

SAVINGS   BANKS. 

There  are  now  in  the  Commonwealth  186  savings  banks,' 
with  aggregate  deposits  of  $560,000,000.  This  great 
amount  of  money  is  an  important  factor  in  the  business 
life  of  the  Conmionwealth,  and  the  institutions  holding 
the  same  should  be  protected  by  every  reasonable  and 
proper  safeguard.  The  number  of  depositors  in  the  sav- 
ings banks  Nov.  1,  1901,  was  1,593,640,  representing, 
as  such  a  number  must  necessarily  do,  a  large  proportion 
of  the  homes  of  the  Commonwealth.  Legislation  should 
seek  to  serve  the  true  interests  of  these  depositors. 

The  law  requires  the  publication  by  each  bank,  semi- 
annualh^  in  some  newspaper  published  in  the  county,  of 
the  names  of  the  board  of  trustees,  but  the  names  of  the 
members  of  the  corporation  who  elect  the  board  of  trus- 
tees, by  whom  the  business  of  the  bank  is  managed  princi- 
pally, are  not  now  required  to  be  made  known  to  the 
public  ;  and  I  recommend  such  legislation  as  will  recjuire 
the  banks  to  publish,  once  in  each  year,  a  list  of  the  mem- 
bers of  the  corporation,  and  to  include  such  a  list  in  their 


560  Goveknor's  Address. 

annual  report  to  the  board  of  commissioners  of  savings 
banks,  to  bv  iiled  in  its  otHce  for  i)ublic  inspection. 

In  connection  with  tlie  matter  of  savings  banks  1  desire 
to  call  your  attention  to  the  fact  that  in  some  instances 
they  are  (;losely  connected  with  national  banks  or  other 
financial  institutions  in  the  occupancy  of  the  same  offices, 
and  also  have,  in  common  with  those  institutions,  the 
same  officers  and  clerical  force.  In  vieAv  of  the  fact  that 
in  most,  if  not  all,  such  instances  the  savings  bank  is 
large  enough  to  be  able  to  occupy  suitable  business  rooms 
of  its  own,  such  connections  are  uncalled  for,  and  are,  in 
the  interest  of  the  public,  open  to  serious  objection.  I 
recommend,  therefore,  the  enactment  of  such  legislation 
as  will  require  the  dissolution,  within  a  reasonable  time, 
of  any  such  existing  connections,  and  which  will  also  pro- 
hibit any  bank  hereafter  incorporated  from  being  so  con- 
nected. Provision  should  also  be  made  that  no  person 
holding  the  position  of  president  or  cashier  of  a  national 
bank  or  trust  company  shall  be  eligible  for  the  office  or 
perform  the  duties  of  president  or  treasurer  of  a  savings 
bank. 

I  realize  that  the  change  suggested  will  work  hardship 
in  some  instances,  a  circumstance  greatly  to  be  regretted  ; 
but  no  reform  in  the  interest  of  the  whole  people  can  be 
secured  without  temporary  loss  or  inconvenience  to  a 
small  minority.  We  must  all  make  sacrifices  for  the  gen- 
eral Avelfare,  and  if  the  institutions  which  fall  within  the 
scope  of  this  recommendation  will  view  the  situation  from 
this  standpoint,  I  think  they  will  agree  that  the  proposed 
change,  if  carried  into  efiect,  will  add  an  important  safe- 
guard to  the  security  of  deposits. 

The  statute  of  1898,  which  was  enacted  as  a  remedial 
measure,  does  not  appear  to  aid  in  the  separation  of  these 
institutions,  but  operates  rather  to  encourage  the  continu- 
ance of  such  connection  where  it  noAV  exists. 


STATE    HOUSE    ACCOMMODATIONS. 

By  chapter  109  of  the  resolves  of  1901,  the  governor 
and  council  were  '' authorized  and  requested  to  arrange 
for  terminating  or  otherwise  disposing  of  the  leases 
of  the  (|uarters  outside  of  the  state  house  now  occupied  by 
the  state  highway  connnission,  the  cattle  conmiission  and 
the  controller  of  county  accounts."     Acting  in  obedience 


Goyer:n^or's  Addkess.  561 

to  this  request  the  governor  and  council  have  established 
offices  for  the  cattle  conmiission  and  the  controller  of 
county  accounts  in  the  state  house,  l)ut  they  have  not  been 
able  to  find  suitable  accommodations  there  for  the  high- 
way c  ommissi  on . 

I  concur  in  the  commendable  purpose  of  the  legislature 
to  provide  rooms  for  all  the  state  offices  in  the  state 
house,  and  I  share  in  the  feeling  that  the  Commonwealth, 
ought  not  to  pay  rent  for  quarters  hired  elsewhere  ;  but 
with  the  state  house  arranged  as  it  is  it  is  almost  impossi- 
ble to  provide  for  offices  in  addition  to  those  already 
located  there.  In  my  opinion  the  state  house  is  large 
enough  to  supply  the  needs  of  the  Commonwealth  for  pub- 
lic offices  for  many  years  to  come.  The  difficulty  is  that 
the  rooms  are  too  large.  The  original  arrangement  of  the 
space  was  made  on  a  scale  altogether  too  broad  and  gen- 
erous. ]Many  of  the  rooms  would  answer  the  purposes 
for  which  they  are  used  if  only  half  as  large.  I  sa}'^  this 
in  no  s})irit  of  criticism  upon  an}^  one  who  has  had  to  do 
with  the  building  or  arranging  of  the  state  house,  but  I 
feel  that,  as  the  legislature  has  imposed  an  obligation 
upon  the  governor  and  council  to  furnish  rooms  in  the 
state  house  for  all  the  state  offices,  it  is  my  duty  to  express 
my  opinion  freel}^  and  frankly. 

The  resohe  to  which  I  have  referred  provides  that  ex- 
})enses  incurred  under  it  shall  be  paid  out  of  the  treasury 
of  the  Commonwealth  ;  but  I  do  not  construe  that  as  giv- 
ing the  governor  and  council  authority  to  undertake  a 
radical  rearrangement  of  the  building.  It  is  apparent 
that  only  a  slight  expense  Avas  intended  to  be  incurred 
under  that  resolve,  and  that  au}'^  elaborate  plan  for  exten- 
sive alterations  should  not  be  undertaken  without  the 
express  authority  of  the  legislature. 

In  the  near  future  it  will  be  advisable,  I  believe,  to  en- 
act legislation  to  })rovide  for  a  complete  rearrangement 
of  the  offices  in  the  state  house. 


TRANSIT    FACILITIES    IN    BOSTON. 

If  legislation  is  to  be  passed  authorizing  the  construc- 
tion of  a  new  subway  in  the  city  of  Boston  the  act  should 
contain  these  provisions  :  —  First,  that  the  subway  shall 
be  owned,  controlled  and  paid  for  by  the  city  of  Boston  ; 
and,  second,  that  the  act  shall  not  take  elfect  until  it  has 


562  Goveknor's  Address. 

been  accepted  by  a  majority  of  the  yoters  of  said  city, 
voting  at  a  special,  state  or  municipal  election. 

The  transit  commission  is  of  the  opinion  that  the  tracks 
of  the  East  Boston  tunnel  cannot  connect  directly  with 
the  tracks  of  the  existing  subway  Avithout  impairing  the 
traffic  capacity  of  the  subway.  The  commission  recom- 
mends as  an  alternative  that  definite  authority  be  given 
to  it  to  so  construct  the  westerly  end  of  said  tunnel  that, 
in  addition  to  a  connection  at  grade  or  otherwise  with  the 
present  subw^ay,  it  can  be  connected  directly  with  the 
proposed  subway  under  Cambridge  street,  the  construc- 
tion of  which  was  also  provided  for  by  the  act  of  1897. 
It  is  suggested  that  this  latter  connection  may  well  be 
made  under  or  near  the  present  Scolla}^  Square  station. 
The  East  Boston  tunnel  and  the  Cambridge  Strc<'t  subway 
would  then  form  a  continuous  cross-line  connection  by 
elevators  with  the  present  subway  at  Scollay  square,  with 
the  elevated  railway  at  Atlantic  avenue,  and  at  the  cross- 
ing points  w4th  au}^  new  north  and  south  subways  which 
may  hereafter  be  built. 

COMMISSIONS. 

The  delegation  to  boards  and  commissions  of  im- 
portant powers  of  supervision  and  control  has  been  a 
necessary  incident  of  the  expanding  life  of  the  Common- 
wealth. The  authority  imposed  upon  these  boards  and 
commissions  has,  in  the  main,  been  exercised  wisely  and 
conservatively.  I  think  it  may  be  affirmed,  without 
danger  of  successful  contradiction,  that  the  excellence 
of  the  work  performed  by  the  more  important  of  them 
has  justified  their  establishment.  The  only  fair  criticism 
that  can  be  made  of  the  system  is  the  tendency  to  un- 
necessary multiplication  ;  in  other  words,  to  the  establish- 
ment of  special  conmiissions  to  care  for  interests  of  a 
trivial  character,  which  might  properly  be  delegated  to 
boards  already  in  existence. 

I  desire  to  call  your  attention  to  some  instances  of  the 
creation  of  unnecessary  offices,  and  to  point  out  what 
seem  to  me  to  be  practical  methods  for  effecting  consoli- 
dations. The  duties  of  the  commissioners  of  state  aid 
and  of  the  pension  agent  are  of  the  same  general  char- 
acter. Each  has  to  do  Avith  our  military  pensioners,  the 
applicants  for  pensions,  and  with  the  dependent  poor  of 
our  soldiers.     The  duties  of  these  two  offices  may  easily 


Governor's  Address.  563 

and  properly  be  united,  and  I  recommend  that  the  powers 
and  duties  of  the  pension  agent  be  transferred  to  the 
commissioners  of  state  aid.  If  this  recommendation 
meets  with  your  approval  I  would  suggest  that  tlie  num- 
ber of  state  aid  commissioners  be  reduced  to  one,  and 
that  an  appeal  may  be  taken  from  the  decisions  of  the 
commissioner  to  the  governor  and  council. 

The  office  of  state  lire  marshal  was  established  in  1894, 
to  investigate  the  origin  of  fires  and  to  prosecute  persons 
accused  of  responsibility  for  those  of  incendiary  origin. 
There  was  need  for  the  appointment  of  officials  to  do 
this  special  work,  as  there  had  been  an  alarming  increase 
in  fires  which  were  suspected  of  being  incendiary,  and 
the  service  performed  under  the  direction  of  the  fire 
marshal  has  had  the  good  effect  of  lessening  the  number 
of  this  class  of  fires.  But  the  duties  of  the  fire  marshal 
are  essentially  those  which  are  ordinarily  conferred  upon 
the  police  for  the  detection  and  prevention  of  crime. 
The  Commonwealth  maintains  a  department  of  police 
possessing  all  the  machinery  necessary  to  perform  the 
work  now  delegated  to  the  fire  marshal,  and  at  a  very 
considerable  saving  in  expense,  on  account  of  the  inevi- 
table duplication  of  officials  and  of  office  expenses.  There 
was  appropriated  for  the  expenses  of  the  fire  marshal's 
office  last  year  $35,400,  and  I  am  convinced,  by  the 
investigation  I  have  made,  that  if  the  powers  and  duties 
of  the  fire  marshal  were  transferred  to  the  district  police, 
a  saving  of  at  least  one  half  of  this  expense  would  be 
effected.  For  these  reasons  I  recommend  that  the  powers 
and  duties  of  the  fire  marshal  be  transferred  to  the  dis- 
trict police. 

For  similar  reasons  I  make  the  following  recommenda- 
tions :  — 

That  the  powers  and  duties  of  the  cattle  commissioners 
be  transferred  to  the  state  board  of  agriculture. 

That  the  powers  and  duties  of  the  inspector  of  gas  and 
gas  meters  be  transferred  to  the  board  of  gas  and  electric 
light  commissioners. 

That  the  powers  and  duties  of  the  inspector  general  of 
fish  be  transferred  to  the  commissioners  on  inland  fish- 
eries and  2:ame. 

That  the  powers  and  duties  of  the  state  assayer  of 
liquors  be  transferred  to  the  state  board  of  health. 

I  recommend,  furthermore,  that  you  consider  the  ex- 


564  Governor's  Address. 

pediencj  of  abolishing  the  per  dieiii  system  of  compensa- 
tion in  all  boards  and  commissions  where  it  now  obtains, 
and  substituting  therefor  in  all  cases  a  fixed  salary. 

Senators  and  Representatives  :  —  You  have  been  called 
by  the  suffrages  of  the  people  to  discharge  for  the  current 
year  the  important  work  of  legislating  for  the  Common- 
wealth. It  is  a  labor  that  should  be  undertaken  with 
a  grave  sense  of  the  responsil:>ilities  involved.  From 
these  halls  personal  and  selfish  considerations  should  be 
banished.  .  In  honor  and  conscience  to  serve  the  true 
interests  of  the  state  should  be  your  only  aim  and  object. 
In  so  far  as  3^ou  are  guided  by  this  high  purpose  you  will 
deserve  and  receive  the  gratitude  of  the  Commonwealth. 


SPECIAL    MESSAGES. 


THE    FOLLOWING    SPECIAL     COMMUNICATIONS    WERE     MADE    BY    HIS 

EXCELLENCY   THE   GOVERNOR   TO   THE   LEGISLATURE 

DURING   THE   ANNUAL   SESSION. 

[To  the  senate  and  house  of  representatives,  January  6,  1902.] 

I  have  the  honor  herewith  to  present,  in  compliance 
with  chapter  50  of  the  resolves  of  1860,  a  report  of  the 
nineteen  pardons  issued  by  the  governor  with  the  advice 
of  the  council  during  the  year  of  my  administration  just 
closed.  Of  the  number  thus  released,  four  were  in  the 
state  prison,  four  in  the  Massachusetts  reforinator}^,  one 
in  the  reformatory  prison  for  women  and  ten  in  houses 
of  correction.  Critical  illness  was  the  controlling  reason 
for  the  discharge  of  five. 

W.  MURRAY  CRANE. 


No.  1.  James  Thompson.  Convicted  of  breaking  and 
entering,  Superior  Court,  Worcester  county,  Feb.  6,  1896. 
Sentenced  to  the  state  prison  for  from  twelve  to  eighteen 
years.  Pardoned  Jan.  30,  1901.  The  prisoner,  a  resi- 
dent of  New  York  City,  was  convicted,  with  one  Ryan, 
of  breaking  and  entering  the  post  office  in  Webster  and 
stealing  therefrom  several  bonds.  Upon  a  full  view  of 
the  testimony  submitted  to  the  pardon  conmiittee  of  the 
executive  council,  they  were  satisfied  that  there  Avas  at 
least  grave  doubt  whether  Thompson  was  present  aiding 
and  assisting  in  the  connnission  of  the  principal  crime, 
but  rather  that  the  extent  of  his  ofi'ence  was  aiding  in 
the  disposal  of  a  part  of  the  stolen  propert}^.  The  view 
taken  by  the  prosecuting  officer  for  the  Commonwealth, 
that,  if  the  defence  had  been  based  upon  the  gi'ound  that 
he  was  not  a  participant,  but  only  an  accessory  after  the 
fact,  he  would  not  have  been  convicted  of  the  principal 
crime,   seemed  to  be  well  established    by  the  evidence. 


566  Special  Messages. 

Thompson  was  a  man  advanced  in  years,  respectably 
connected,  and,  so  far  as  a  careful  investigation  revealed, 
never  before  arrested  for  crime.  The  time  he  had  served 
would  undoubtedly  be  an  adequate  sentence  for  receiving 
stolen  goods.  For  this  reason,  and  on  account  of  his 
age  and  previous  good  character,  the  pardon  was  granted. 

No.  2.  Harry  F.  Carter.  Convicted  of  stubborn- 
ness. Municipal  Court,  Charlestown,  Dec.  15,  1900. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  March  13,  1901,  upon  the 
recommendation  of  the  justice  who  imposed  the  sentence 
and  the  prison  commissioners,  on  "the  ground  that  he  had 
been  sufficiently  punished. 

No.  3.  Edwin  J.  Morse.  Convicted  of  perjury, 
Superior  Court,  Suftblk  count}^  June  19,  1896.  Sen- 
tenced to  the  state  prison  for  from  five  to  seven  years. 
Pardoned  March  20,  1901.  Morse's  record  in  prison  had 
been  perfect.  He  would  have  been  entitled  to  release 
June  19,  1901,  his  minimum  term  expiring  at  that  time. 
His  wife  was  very  ill  with  an  incurable  disease.  In  view 
of  this  fact,  and  his  good  conduct  in  the  prison,  the 
prison  commissioners  recommended  that  the  three  months 
remaining  of  his  sentence  be  remitted. 

No.  4.  Joseph  Perry.  Convicted  of  breaking  and 
entering  and  larceny,  Superior  Court,  Bristol  county, 
Feb.  12,  1895.  Sentenced  to  the  state  prison  for  fifteen 
years.  Pardoned  April  3,  1901,  upon  the  recommenda- 
tion of  the  district  attorney  who  prosecuted  the  case  and 
a  number  of  the  leading  citizens  of  Fall  River,  where  the 
crime  was  committed,  on  the  ground  that  Perry  had  been 
sufficiently  punished.  He  was  but  eighteen  years  of  age 
when  the  crime  was  committed,  and  this  was  his  first 
oftence.  He  had  no  counsel  at  his  trial.  The  proi)erty 
taken  did  not  amount  to  one  hundred  dollars  in  value. 
The  pardon  was  granted  on  the  ground  of  excessive  sen- 
tence, which  was  undoubtedly  imposed  under  a  misap- 
prehension of  the  facts  in  the  case,  owing  to  the  prisoner 
not  being  represented  by  counsel. 

No.  5.  William  Mahoney.  Convicted  of  larceny, 
Superior  Court,    Suffolk  county,  eTuly  13,   1900.     Sen- 


Special  Messages.  567 

tenced  to  the  house  of  correction,  and  transferred  to  the 
Massachusetts  reformatory  July  27,  1900.  Mahoney  was 
incurably  ill  with  consumption.  He  was  pardoned  to  be 
placed  in  the  Holy  Ghost  Hospital  at  Cambridge.  He 
died  Oct.  8,  1901. 

Nos.  6  and  7.  William  H.  and  Herbert  J.  Wake- 
ham.  Convicted  of  unlawfully  having  smelts  in  their 
possession.  First  District  Court,  Eastern  Middlesex, 
April  23,  1901.  Sentenced  each  to  pay  a  fine  of  fifty 
dollars.  Pardoned  June  25,  1901,  upon  the  recommen- 
dation of  justice  Pettengill,  who  imposed  the  sentence. 
Considering  the  insignificance  of  the  offence,  he  was  of 
the  opinion  that  they  had  been  sufficiently  punished.  The 
penalty  of  fifty  dollars  being  the  minimum,  he  was  obliged 
to  impose  that  sentence,  or  discharge  the  defendants. 
They  were  penniless,  and  unable  to  pay  the  fine. 

No.  8.  Henry  L.  Gregory.  Convicted  of  forgery, 
Superior  Court,  Berkshire  county,  July  20,  1899.  Sen- 
tenced to  the  state  prison  for  from  three  to  fom'  years. 
Pardoned  July  3,  1901,  upon  the  recommendation  of  the 
county  commissioners,  clerk  of  courts,  sheriff  and  register 
of  probate  and  insolvency  of  Berkshire  county,  the  mayor, 
city  clerk,  chief  of  police  and  many  of  the  leading  citi- 
zens of  Pittsfield,  where  the  crime  was  committed,  on  the 
ground  that  the  object  of  his  imprisonment  had  been  fully 
accomplished,  that  the  ends  of  justice  had  been  served 
and  he  had  been  sufficiently  punished.  The  district  at- 
torney" certified  that  "  In  my  judgment,  the  case  is  one  in 
which  executive  clemency  may  be  properly  exercised." 

No.  9.  Terence  Keenan.  Convicted  of  robbery, 
Superior  Court,  Plymouth  county,  June  2.5,  1900.  Sen- 
tenced to  the  house  of  correction  for  two  years.  Par- 
doned July  8,  1901,  upon  the  recommendation  of  the 
district  attorney,  who  certified  that,  as  he  has  learned 
since  the  trial,  ' '  The  robbery  was  not  a  prearranged  or 
premeditated  crime,  but  Keenan,  by  his  presence,  became 
a  victim  of  circumstances.  There  is  more  than  a  reason- 
able doubt  of  his  guilt." 

No.  10.  Victor  Allair,  alias  Hector  Lavalle. 
Convicted    of  breaking   and    entering,    Superior  Court, 


56S  Special  Messages. 

Worcester  county,  May  17,  1900.  Sentenced  to  the 
house  of  correction  for  two  years.  Pardoned  July  3, 
1901.  The  prison  physician  reported  that  the  prisoner 
had  tubercular  disease  of  the  brain,  with  no  hope  of  re- 
covery. 

No.  11.  John  Martin.  Convicted  of  larceny,  Su- 
perior Court,  Franklin  county,  Nov.  21,  1900.  Sen- 
tenced to  the  house  of  correction  for  one  year.  Pardoned 
July  10,  1901,  upon  the  reconnnendation  of  the  prison 
physician  and  district  attorney.  The  prisoner  was  fatally 
ill  with  tuberculosis  of  the  bowels. 

No.  12.  James  R.  Howard.  Convicted  of  stub- 
bornness. Municipal  Court,  Charlestown,  Dec.  8,  1900. 
Sentenced  to  the  Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  July  31,  1901,  upon  the 
recommendation  of  the  prison  commissioners.  This  boy, 
who  Avas  but  sixteen  years  of  age,  was  arrested  on  com- 
plaint of  his  mother,  he  having  persisted  for  two  weeks 
in  staying  out  late  at  night,  against  her  expressed  wishes 
and  commands.  He  had  never  been  arrested  before,  had 
a  good  home,  and  his  father  was  respectable  and  indus- 
trious. It  Avas  the  opinion  of  the  pardon  committee  that 
he  had  been  sufficiently  punished  for  so  slight  an  offence. 

No.  13.  Frederick  Y.  Oliver.  Convicted  of  polyg- 
amy, Superior  Court,  Worcester  county,  Feb.  8,  1901. 
Sentenced  to  the  house  of  correction  for  one  3'ear.  Par- 
doned Nov.  G,  1901,  upon  recommendation  of  the  district 
attorney,  chairman  of  the  prison  commissioners,  chaplain 
of  the  house  of  correction,  and  many  of  the  leading  citi- 
zens of  Athol,  where  the  prisoner  —  who  Avas  a  respected 
citizen  of  that  town  —  resided  at  the  time  of  his  arrest. 
His  last  marriage  took  place  under  a  misapprehension, 
he  believing  that  his  former  Avife,  Avho  had  deserted  him, 
AA'as  a  married  woman,  and  that  her  marriage  to  him  was 
illegal.  After  living  in  Athol  with  his  last  Avife  several 
months,  his  former  wife  returned  and  caused  his  arrest. 
The  pardon  conunittee  Avere  unanimously  of  the  opinion 
that  he  had  been  sufficiently  punished  for  an  unintentional 
violation  of  the  law. 

No.  14.  Patrick  Sullivan.  Convicted  of  larceny, 
Superior  Court,  Suffolk  county,  July  term,  1900.      Sen- 


Special  Messages.  569 

tenced  to  the  house  of  correction  for  two  years.  Par- 
doned Nov.  13,  lUOl,  upon  the  recommendation  of  the 
district  attorne}^  The  property  stolen  —  a  bicycle  —  was 
represented  to  be  wortli  more  than  one  hundred  dollars. 
The  prisoner  was  sentenced  upon  this  assertion.  The 
real  value  of  the  bicycle  is  now  known  to  have  been  but 
forty-five  dollars.  If  this  had  been  known  at  the  time 
of  sentence  the  court  could  not  have  sentenced  the  de- 
fendant for  more  than  one  year. 

No.  15.  Annie  Chestnut.  Convicted  of  drunken- 
ness, District  Court  of  AVestern  Hampden,  April  26, 
1901.  Sentenced  to  the  reformatory  prison  for  one  year. 
Pardoned  Nov.  13,  1901,  upon  the  recommendation  of 
the  prison  commissioners.  When  the  prisoner  was  sen- 
tenced to  the  prison  the  mittimus  showed  a  sentence  of 
only  six  months.  The  superintendent  declined  to  receive 
her  upon  this  mittimus,  the  minimum  sentence  to  the 
reformatory  being  one  year.  The  officer,  leaving  his 
prisoner  in  the  custody  of  the  superintendent,  took  his 
papers  back  to  AVestfield,  where  the  judge  changed  the 
sentence  to  one  year.  In  view  of  the  fact  that  the  court 
originally  intended  a  sentence  of  six  months  the  pardon 
was  granted. 

No.  16.  Bessie  Beaman.  Convicted  of  lewd  and  las- 
civious cohabitation,  Superior  Court,  Sutiblk  county, 
xVpril  17,  1901.  Sentenced  to  the  house  of  correction  for 
nine  months.  Pardoned  Nov.  20,  1901,  upon  the  recom- 
mendation of  the  district  attorney.  She  was  jointly  in- 
dicted with  one  Thomas  Whalen,  with  whom  she  was 
engaged  to  be  married.  They  had  secured  from  the  office 
of  the  registrar  of  the  city  of  Boston  an  intention  of  mar- 
riage, and  applied  to  a  clergjaiian  of  Boston  for  the 
solenmization  of  said  marriage,  but,  not  possessing  the 
usual  fee,  the  marriage  was  not  consummated,  Whalen 
obtained  bail,  and  defaulted  the  same,  abandoning  said 
Bessie  to  suffer  alone  the  penalty  of  the  law. 

No.  17.  Clarence  R.  Struck.  C^onvicted  of  stub- 
bornness. First  District  Court  of  Bristol,  July  2.5,  1901. 
Sentenced  to  the  ^Massachusetts  reformatory  on  an  inde- 
terminate sentence.  Pardoned  Nov.  27,  1901,  upon  the 
recommendations  of  the  prison  conmiissioners,  the  judge 
who  im})osed  the  sentence,  and  many  reputable  citizens  of 


570  Special  Messages. 

Attleborough,  the  home  of  the  boy,  who  was  but  seven- 
teen years  of  age.  The  complaint  was  made  by  the  father, 
who  claimed  that  he  was  led  to  believe  that  he  could  jret 
his  boy  out  of  the  reformator}'  at  any  time  he  asked  for 
him,  supposing  it  was  a  school  instead  of  a  prison.  For 
this  reason  the  pardon  was  granted. 

No.  18.  Joseph  Payette.  Convicted  of  highway 
robbery,  Superior  Court,  Worcester  county,  Aug.  23, 
1900.  Sentenced  to  the  house  of  correction  for  three 
years.  Pardoned  Dec.  4,  1901,  upon  the  recommenda- 
tion of  the  prison  physician,  who  reported  that  Payette 
had  marked  disease  of  the  lungs,  and  could  not  possibly 
recover. 

No.  19.  John  P.  Walch.  Convicted  of  assault, 
Superior  Court,  Worcester  county,  May  29,  1901.  Sen- 
tenced to  the  Massachusetts  reformatory  on  an  indeter- 
minate sentence.  Pardoned  Dec.  24,  1901,  upon  the 
recommendation  of  the  prison  commissioners,  who  had 
very  carefully  investigated  all  the  circumstances  of  the 
case  and  were  fully  satisfied  that  the  prisoner  had  been 
.sufficiently  punished.  The  district  attorne}^ and  the  police 
officials  of  Worcester  concurred  in  the  recommendation. 

[To  the  honorable  senate  and  house  of  representatives,  January  10, 1902.] 

I  have  the  honor  to  transmit  for  your  consideration  a 
letter  addressed  to  me  by  the  committee  in  charge  of 
location  and  form  of  memorial  of  the  Roger  Wolcott 
Memorial. 

I  am  advised  that  to  grant  a  site  for  a  memorial  on  the 
state  house  grounds  will  require  an  act  of  the  legislature. 

[To  the  honorable  senate  and  house  of  representatives,  January  21,  1902.] 

I  have  the  honor  to  transmit  a  letter  and  draft  of  a  bill 
from  the  Hon.  Elihu  Root,  secretary  of  war,  requesting 
the  passage  of  an  act  ceding  the  jurisdiction  to  the  United 
States  of  a  tract  of  land  containing  about  forty-five  acres 
in  the  town  of  Nahant,  for  the  purposes  of  national  defense. 

[To  the  honorable  senate  and  house  of  representatives,  March  3,  1902.] 
I  have  the  honor  to  transmit  here\vith  a  letter  from  the 
governor  of  the  state  of  Missouri  relative  to  tiie  Louisiana 
Purchase  Exposition  to  be  held  in  the  city  of  St.  Louis. 


Special  Messages.  571 

[To  the  honorable  senate  and  house  of  representatives,  April  17,  1902.] 

I  have  the  honor  to  transmit  hereAvith  for  your  con- 
sideration a  communication  addressed  to  me  b}^  the  chair- 
man of  the  committee  on  Charles  River  dam. 

[To  the  honorable  senate  and  house  of  rei>resentatives,  May  5,  1!X)2.] 

I  deem  it  to  be  my  duty  to  suggest  to  your  honorable 
bodies  the  advisability  of  enacting  legislation  to  provide 
for  an  election  to  fill  a  vacancy  in  the  57th  Congress  of 
the  United  States,  caused  by  the  resignation  of  the  Hon. 
William  H.  Moody  as  representative  for  the  sixth  district 
of  Massachusetts. 

The  statutes  of  1891,  chapter  396,  under  which  that 
district  was  established  and  continued,  was  expressly  re- 
pealed by  chapter  227  of  the  Revised  Laws,  which  took 
eliect  December  31,  1901.  By  the  statutes  of  1901,  chap- 
ter 511,  now  embodied  in  the  Revised  Laws,  chapter  11, 
section  4:22,  the  Commonwealth  was  divided  into  districts 
"  for  the  purpose  of  electing  representatives  in  the  58th 
Congress  of  the  United  States  and  in  each  sul)sequent 
congress  until  otherwise  provided  by  law."  It  thus  ap- 
pears that  there  is  now  no  provision  of  law  dividing  the 
Commonwealth  into  districts  for  the  choice  of  representa- 
tives to  fill  vacancies  in  the  57th  Congress. 

[To  the  honorable  senate  and  house  of  representatives,  May  31,  1902.] 

I  return  herewith  a  resolve  entitled  "  Resolve  to  direct 
the  Board  of  Harbor  and  Land  Commissioners  to  improve 
the  Entrance  of  Herring  River  in  the  Town  of  Harwich," 
with  my  objections  thereto  in  writing. 

By  direction  of  the  legislature  of  1901  the  board  of 
harbor  and  land  commissioners  was  directed  to  cause  a 
survey  and  estimate  to  be  made  as  to  the  advisability  and 
cost  of  improving  the  entrance  to  Herring  river.  From 
the  report  of  the  board  it  appears  that  the  river  is  about 
100  feet  wide  between  the  marshes,  but  widening  in 
places  to  200  feet  or  more  ;  that  the  channel  has  a  depth 
where  it  passes  through  the  crest  of  the  beach  of  from 
three  to  four  feet  at  mean  low  water,  but  above  this  and 
on  the  outer  slope  of  the  beach  of  only  about  a  foot ; 
that  there  is  no  natural  harbor  at  or  near  the  mouth  of 
the  river,  and  to  maintain  an  effectual  opening  it  would 
be  necessary  to  build  two  jetties,  the  estimated  cost  of 


572  Special  Messages. 

which  with  the  necessary  dredging  ranges  from  $33,200 
to  $oi),100,  the  expense  varying  with  the  length  of  the 
jetties  and  the  durability  of  the  materials  used  in  their 
construction.  Tn  view  of  the  uncertainty  of  accomplish- 
ing a  public  work  of  utility  in  this  unfavorable  spot  on 
an  exposed  coast  and  of  the  large  expense  involved  in 
comparison  with  the  num])er  of  possible  beneficiaries  of 
the  proposed  improvement,  the  board  was  unwilling  to 
make  an  affirmative  recommendation. 

Considering  all  the  facts  in  the  case  which  have  been 
brought  to  my  attention  I  am  convinced  that  the  appro- 
priation authorized  by  the  resolve,  namely,  $33,000,  is 
extravagant  and  wasteful.  I  cannot  feel  therefore  that  I 
am  justified  in  giving  my  approval  to  a  measure  carrying 
so  large  an  appropriation  for  the  improvement  of  a  shal- 
low, unimportant  stream,  in  a  locality  where  the  popula- 
tion is  small  and  the  natural  advantages  for  creating  a 
harbor  extremely  meagre. 


CHANGE  OF  NAMES. 


cha:n^ge  of  is^AMEs  OF  perso:ns. 


In  compliance  with  the  requirement  of  the  Public  Statutes,  Chai>.  148,  Sect. 
14,  as  amended  by  Chap.  89,  Acts  of,  1897,  returns  of  the  following  Changes  of 
Names  have  been  received  in  the  office  of  the  Secretary  of  the  Commonwealth, 
as  decreed  by  the  several  Probate  Courts  of  the  Commonwealth,  in  their  respec- 
tive counties :  — 

BARNSTABLE  COUNTY. 


Date  of 
Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1901. 

Feb.     12, 
May     14, 
Aug.    13, 

John  Gerald  Grenley,  . 
Charles  Edward  Johnson,* 
Hattie  Patten  Ryder,   . 

John  Gerald  Chipman, 
Edwin  Lowe  Linnell,  . 
Harriet  Patten  Ryder, 

Sandwich. 

Orleans. 

Bourne. 

BERKSHIRE  COUNTY. 


June 

4, 

Mary  Richards,*    .... 

Mary  Havnes  Wilkinson,   . 

North  Adams. 

10, 

Roy  Snvder,*         .... 

Roy  Bratcher,        .... 

Williamstown. 

Sept. 

IB, 

Richard  Arthur  Hilbert,*    . 

Richard  Arthur  Roehm, 

Adams. 

Dec. 

1", 

Josephine  Starter,* 

Josephine  Bovne, 

Lenox. 

IT, 

Geraldine  Hildreth  Webster,*   . 

Gladys  Grandshaw,     . 

Pittsfleld. 

BRISTOL  COUNTY. 


Jan. 

4, 

4, 

18, 

IS, 

April 

5, 

5, 

s. 

5, 

12, 

12, 

May 

17, 

June 

14, 

Aug. 

2 

2, 

•2 

Sept. 

6, 

«, 

Nov. 

1, 

1, 

1, 

8, 

Dec. 

6, 

Joseph  St.  Laurent,*    . 
Arthur  Murphj-,*  . 
Julia  Antell,* 
Annie  Maguire,*   . 
Florence  L.  Cummings, 
Minnie  Agnts  Doherty,* 
George  Andrew  Hurley,* 
Gladys  IMay  Rendells,* 
Nathan  Harris,*    . 
Katie  Miller,* 
Ethel  May  Wallace,*    . 
John  Stephen  Baer,*    . 
Florence  Lucille  Legge, 
Sarah  E.  Jackson,* 
Carl  E.  Chandler,* 
Annie  Feeney,* 
James  Francis  Sullivan,* 
Samuel  T.  Lew,    . 
Marsden  J.  P.  Miller,   . 
Leora  A.  Sweenev,* 
Susie  E.  Bryan,*". 
Marion  Gibbs,* 
Rachael  E.  Sampson,* 


Joseph  Foitin, 
Arthur  Hinds, 
Ethel  Fitch  Julia  Elliott, 
Anna  E.  McArdle, 
Florence  L.  Russell,     . 
Minnie  Asnes  Lucia,   . 
George  ^\''ilson  Crabtree, 
Dorothy  Ruth  Perkins, 
Nathan  Altshuller, 
Katie  L.  Fischback, 
Ethel  May  McGuire,     . 
Stephen  Anson  Bottoms, 
Florence  Lucille  Learning 
Sarah  E.  Francis, . 
Carl  E..Murry, 
Annie  Louise  Miller,    . 
James  Florence  Sullivan, 
Samuel  T.  Lee, 
Charles  Henry  Miller,  . 
Leora  Eva  Slater, 
Susie  E.  Little, 
Marion  Louise  Bushee, 
Emma  B.  Hazard, 


Fall  River. 

Attleborough. 

Taunton. 

Boston. 

New  Bedford. 

Taunton. 

Fall  River. 

New  Bedford. 

Fall  River. 

Attleborough. 

Fall  River. 

Fall  River. 

New  Bedford. 

New  Bedford. 

New  Bedford. 

Central  Falls,  R.I. 

Fall  River. 

New  Bedford. 

Somerset. 

Attleborough. 

Providence^  R.  I. 

Easton. 

New  Bedford. 


Changed  by  reason  of  adoption. 


.j76 


Change  or  Xames. 


DUKES   COUNTY, 


Date  of 
Decree. 

Origiiiiil  Name. 

Name  Decreed. 

Residence. 

1901. 

Oct.      il, 

Harold  Ernest  Heath,* 

Harold  Ernest  Heath  Tilton, 

Chllmark. 

ESSEX  COUNTY. 


Jan. 

7^ 

Joseph  Dolan,*      .... 

Joseph  Williams,  .... 

Candjridge. 

7, 

Joseph  E.  Beckwith,*  . 

Elmer  Beckwith  Hall,  . 

North  Adams. 

7, 

Herbert  R.  Jones,* 

Fred  Perkins  Whittier, 

Lynn. 

7 

Gladys  M.  McClellan,* 

Gladys  May  Corbett,     . 

Lynn. 

7, 

SinKin  Sondiiwitz, 

Simon  Sanders 

Gloucester. 

7, 

Kachaei  Soiidowitz, 

Racliael  San(ters 

Gloucester. 

7, 

^liiiiiie  Soiiddwitz, 

Minnie  Sanders,    .... 

Glowester. 

7, 

Moe  Sondowitz,     . 

Moe  Sanders,          .... 

Gloucester. 

7, 

Lillic  Sondowitz,  . 

Lilly  Sanders,        .... 

Gloucester. 

7, 

Knuiic  Sondowitz, 

Fennie  Sanders,     .... 

Gloucester. 

7, 

(iillicrt  Sondowitz, 

Gilbert  Sanders,    .        .        .        . 

Gloucester. 

7, 

iMendi)  Sondowitz, 

Mendil  Sanders,    .        .        .        . 

Gloucester. 

1^, 

KIlie  A.  Smith,*     . 

Ethel  Annie  Vining,     . 

Amesbury. 

28, 

Mur,i;aret ,*      . 

Maru^aret  Underwood, 

Lynn. 

28, 

William  L.  Dennis,*     . 

WiMard  Leslie  Russell, 

Newburyport. 

■2S, 

Nellie  A.  Tasker,   . 

Nellie  Alberta  Leavitt, 

Middleton. 

Feb. 

4, 

Ilanv  K.  Hale,*     . 

Harrv  E.  Wins:,     .        .        .        . 

Newburyport. 

18, 

Kdirh  .Mildred  Sollows,* 

Editii  Mildred  Bailey, . 

Salem. 

• 

18, 

Morris  Saltinsky,  . 

Morris  Salter,         .... 

Newburyport. 

18, 

Thomas  Saltinsky, 

Thomas  Salter 

Newburyiiort. 

18, 

Sarah  Saltinsky,    . 

Sarah  Suiter 

Newbury|iort. 

18, 

Fannie  I'auline  Saltinsky, 

Fannie  I'auline  Salter, 

Newburyport. 

18, 

Albert  Saltinsky,  . 

A l!)ert  Salter,         .        .        .        . 

New  bury  port. 

18, 

Al)ram  Saltinsky, . 

Abram  Salter 

Newburyport. 

18, 

Lena  Esther  Saltinsky, 

Lena  Estlier  Salter, 

Newburyport. 

18, 

Rosa  Viola  Saltinsky,"  . 

Rosa  Viola  Salter, 

Newburyport. 

18, 

I'aul  Saltinsky,      .  "     . 

Paul  Salter, 

Newburyport. 

18, 

Samuel  A.  Morjfan stern. 

Samuel  Abram  (irant,. 

Lynn. 

March   4, 

Alma  <;.  Furbu'sh,* 

Alma  Furlinsh  Kevany, 

Gloucester. 

11, 

l>ora  (.'arter,* 

Dora  Carter  Hazlehur'st,      . 

Lawrence. 

April 

], 

Florence  E.  Greenough,* 

Florence  Emma  Dnu'dale,    . 

Lawrence. 

1, 

Russell  A.  Upton,* 

Russell  Ui>ton  Mudgett, 

Natick. 

8, 

Helen  F.  Thayer,* 

Helen  Thayer  Jones,    . 

Salem. 

15. 

Gertrude  Morse,*  . 

Ina  Louise  Bradstreet, 

Melrose. 

May 

6, 

Clarence  Neil,* 

Howard  Cummings  Robidon,     . 

Lynn. 

6, 

Gretchen  A.  Hillman,* 

Daisy  Alberta  llanna. 

Saugus. 

13, 

Percy  V.  Coose,*  . 

Percy  Verrill  Carter,    . 

Rockport. 

13, 

Herbert  A.  Perkins, 

Herbert  Alberta  Day,  . 

Haverhill. 

20, 

William  Leonard  Lonzo,* 

Paul  r>yington,      .... 

■\Vestlleld. 

20, 

Mary  E.  Drohan,* 

Mary  I'ltta  Swcetnam,  . 

Peabody. 

20, 

Wallace  C.  St.  Clair,*  . 

Wallace  Clifton  Fesseuden, 

Lynn. 

June 

17, 

Mary  Muridiy,*     . 

Mary  Donlan,          .... 

Lynn. 

17, 

Annie  T.  O'Brien,* 

Annie  Tbresa  Lawrence,     . 

Lynn. 

1", 

Catharine  O'Brien,*     . 

Catharine  f>a\\  rence,    . 

Lynn. 

17, 

Mary  J.  O'Brien,* 

Marv  .losephine  Lawrence, 

Lynn. 

24, 

Pauline  L.  H.  Bourke,* 

I'auline  May  P.achelder, 

Boston. 

July 

1, 

^Iari;aiet  Heron,* 

Maud  Stafford,      .... 

Reading. 

1, 

Pearl  (iustalson,* 

Emily  Swift  Poor, 

Boston. 

8, 

.lohn  Cullen,  . 

•John"  Leo  Morse,    .... 

Lawrence. 

22, 

Carl  H.  Boudreau,* 

Carl  Henry  Barth, 

Haverhill. 

Aug. 

5, 

Helen  .Johnson,*    . 

Emma  Helen  Lord, 

Concord. 

Sept. 

3, 

Margaret  Farley,* 

Margaret  Fenwick  Hinchcliffe,  . 

Andover. 

3, 

(ieorge  Smith,* 

Walter  Dixon  Adiington,    . 

Somerville. 

l(i. 

Jennie  A.  Gilbert, 

Je;inctte  Alden  (iilbert, 

S\\ainpscott. 

IG, 

Emily  G.  P.  Heaton,    . 

Emily  (iusia  Parsons Tliurlow,  . 

Haverhill. 

Oct. 

7, 

Mary  (Jazetta,* 

Mary  Sui'pi'enant, 

Lawrence. 

7, 

(ieoii^Ma  L.  King,* 

Georgia  Sliei)ard,  .... 

Lawrence. 

21, 

Edgar  Blethen,*     . 

Edgar  Blethen  Cotton, 

Topsfleld. 

*  Changed  by  reason  of  adoption. 


ClIAN^GE    OF   ^AMES. 


577 


ESSEX  COUNTY  — Concluded. 


Date  of 

Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1901. 

Oct.      ■is, 

Frances  B.  Batten,* 

Frances  Vine,        .... 

Gloucester. 

'is. 

Gertrude  E.  Brown,*   . 

Gertrude  Elanor  Earkin,    . 

Boston. 

28, 

Catherine  A.  Fallon,*  . 

Derinda  Jordan,    .... 

Lynn. 

Nov.       4, 

Frank  Havnes,*    . 

Frank  Corliss,        .... 

Haverhill. 

4, 

^[aiid  F.  Eaton,*    . 

Grace  Frances  Stackhouse, 

Lvnn. 

4, 

Lottie  M.  Chanti-ey,*    . 

Lottie  Chantrey  Atkinson,  . 
Martha  Ridleyf      .... 

Boston. 

4, 

Martha  Shaw,* 

Boston. 

11. 

Frances  E.  G.  Eldridge, 

Frances  Edna  Grasse, 

Boston. 

25, 

Dorothy  Frances,* 

Dorothy  Frances  Lord, 

Isaac  Sawyer 

Haverhill. 

Dec.      Iti, 

Isaac  Siderskv, 

Salem. 

16, 

•Joseph  Sidersky,   . 

•loseph  Sawyer,     .... 

Salem. 

16, 

3Ielia  Siderskv,      . 

Melia  Sawyer,        .... 

Salem. 

16, 

Ethel  Barrett  Hale,*     . 

Ethel  Barrett  Lang, 

Lynn. 

FRANKLIN   COUNTY. 


Minnie  M.  Waite,* 
Stella  M.  Rodda,    . 
Josephine  Linnehan,*  . 
Ruth  Best,*    . 
Elizabeth  O'Connell,*  . 
Frederick  Evans  McKinnon 
Gertrude  Huntoon,* 
Gretchen  Edith  Stevens,* 
^Nlaria  Dewey,* 
Winnona  E.  Huntoon,* 


Minnie  Myrtle  Burnett, 
Stella  M.  Lewis,    . 
Mabel  Josephine  LeClair, 
Beatrice  Adelaide  Geyer, 
Lizzie  Crotty, 
Frederick  Chester  Ranney, 
Ruth  Hildegarde  Anderson 
Gretchen  Eleanor  Smead,    . 
Irene  Marjorie  Bates,  . 
AVinnona  E.  Hayden,   . 


Erving. 

Erving. 

Colrain. 

Deerfleld. 

Conway. 

Orange. 

Orange. 

Greenfield. 

Greenfield. 

Shutesburv. 


HAMPDEN   COUNTY. 


Charlotte  Gray,*   . 
Bessie  May  Biissett,*   . 
Hazel  Myrtle  Damon,* 
Homer  Delard  Goodrow,* 
Edwanl  .lames  Dugan, 
Cariiliue  Buckingham,* 
Rausiini  Ford,* 
AViliiam  Chagnon,* 
Dora  Harley,* 
Hazel  L.  Avery,    . 
Sidney  Braden,*    . 
Helen  Francis  McGilvray,' 
Susan  Seymour,*  . 
Maida  Eleanor  Rogers,* 
Theodora  .Tennette  Larkin,* 
Rozalina  Schoch,* 


Charlotte  Gray  Simonds,     . 
Bessie  May  Allen, 
Hazel  ISIyrtle  Shearer, 
Homer  Delard  Raymond,    . 
Harry  James  Edwards, 
Caroline  Morissette, 
Ransom  Williams, 
William  Snyder,    . 
Dorothea  Madeline  Moss,    . 
Hazel  Lysle  Smith, 
Sidney  William  Ashey, 
Helen  Francis  McGilvray  Conliu 
Susie  Sykes,    .... 
Maida  Eleanor  Barnes, 
Lucy  Ella  Talbert, 
Rozalina  Blanchard,    . 


Ludlow. 

Monson. 

Wilbraham. 

Ludlow. 

Springfield. 

Springfield. 

Bucksport,  Me. 

Springfield. 

New  York,  N.  Y. 

West  Springfield. 

Springfield. 

Springfield. 

Agawam. 

Springfield. 

Springfield. 

Agawam. 


HAMPSHIRE   COUNTY. 


Jan.       8, 

Flora  E.  Averv,*  .        .        .        . 

Ethel  Stanlev 

Southampton. 

•Feb.     23, 

Edna  Mae  Nott,*  . 

Edna  Mae  Phinney,      . 

Williamsburg. 

April     2, 

Iverline  M.  Witherell,* 

Ethel  Gladvs  Tillson,  . 

Northampton. 

2, 

Merton  Lerov  Hat^k,     . 

Merton  Lerov  Eddv,    . 

Ware, 

June    2.0, 

Dorothv  Lvdia  Eaton,* 

Dorothy  Lvdia  See'lve, 

Amherst. 

Aug.      6, 

Harold  Alfred  Baker,* 

Harold  Alfred  Segur,  . 

Enfield. 

6, 

George  Rozenbloom,    . 

George  R.  Paige,  . 

Amherst. 

Oct.       8, 

Ruth  Agnes  Towneend,*.    . 

Eva  Ruth  Mowe,  . 

Ware. 

*  Changed  by  reason  of  adoption. 


578 


Change  op  Xames. 


MIDDLESEX  COUXTY. 


Date  of 
Decree. 


Oriffinal  Name. 


Name  Decreed. 


Residence. 


Feb. 


1901. 

Jan.      1, 

1, 

15, 

15, 

15, 

22, 

5, 

5. 

5, 

5, 

5, 

5, 

5, 

12, 

12, 

19, 

19, 

19, 

I  26, 

26, 

26, 

March  5, 

12, 

19, 

20, 

26, 

26, 

26, 

April     2, 

2, 

2, 

9, 

16, 

23, 

23, 

29, 

30, 

May      7, 

7, 

21, 

2!^, 

28, 

28, 

31, 

31, 

31, 

31, 

31, 

June    12, 

17, 

19, 

25, 

'J, 

9, 

23, 

23, 

25, 

2, 

3, 

3, 

3, 

5, 

17, 

Oct.        2, 


July 


Aug. 
Sept. 


Lucy  Everett,* 

Kutli  Hollirook,*   . 

Aniiflina  \'ers;iilles,*  . 

p:iiz;ihetli  IS.  Swift,*     . 

Yt'ia  llojie  Swift,* 

IMaliol  Katlierine  Owens,*   . 

Hi'iiry  Al)l)ett,*      .        .       *. 

Erick  Harold  Brandt,* 

Elizabetli  Clifford,*      . 

Helen  Dennis,* 

ISIarion  Frances  FitzGerald,* 

(^lua  JNlaria  I'ersonen,* 

Leo  Remington,*  . 

IMildred  Caroline  Snell,* 

Willard  P.  Snell,* . 

Cliarles  Lawrence  Billing-s, 

Tsalielle  Knowltou  Morss,* 

ITanilil  Charles  McLaren,* 

.Idlin  Paul  Learj', . 

Alii-ani  Kli'tsky,"    . 

lla/.i'l  French,* 

Helen  Sanborn,*    . 

Hazel  Gladys  Kinder,* 

]\[ary  Ann  lieatty,* 

Sarah  Ellen  Sturitz,*    . 

Martjaret  Barry,* . 

Mabel  H.  Anderson,*  . 

Georgiana  Sprague,*    . 

Mary    Gertrude    Peede    (alias 

Mary  R.  Peede),* 
Mary  E.  C.  Geelmuyden,*  . 
George  Perry,* 
Chester  O.  Pierce,* 
Mabel  Gagon,* 
Linwoo<l  Russell  INlunroe,* 
Lillian  Louise  De  Lorey,*  . 
Havrabe<l  H.  .Jeknavorfan, 
Albert  Auirustus  Lovering,=* 
Phyllis    Edna    Graham     (alias 

Phyllis  Edna  Thomas),*  . 
James  Yardley,*    . 
Philip  Bean,* 
Rose  Parker,* 
<^livia  Brown,* 
Escelle  Davis  Almy,*  . 
Sarah  Holmes  Luce  MuUiken, 
Cordelia  Dunham  Luce  Mullikeu, 
.James  Lyon  Luce  Mulliken, 
Lyman  Burgess  Luce  Mulliken 
Ella  Mav  Stanton, 
Ike  Pdslousky,       . 
ISIarv  .Jani^  Acomb, 
I'x'ssic  Sayles,* 
Madeline  llayden,* 
IMarcus  \Villiam  Bovce,*     . 
Jdliu  Alfred  Boyce,*    . 
Lizzie  Herbert,*    . 
Walter  Kent,* 
r.eatrice  Cherrier,* 
Irene  Marguerite  Stewart,* 
.Jennie  Howard,*  . 
Peter  A.  Adams,*  . 
Laura  King,* 

Henry  Eliphalet  Deacon,*  . 
.lohnQuincy  Adams,  .Jr.,*  . 
Lcander  B.  Clement,    . 


Lucy  Esther  Slack, 
Pearl  Hazel  Brooks,     . 
Angelina  Chenelle, 
Elizabeth  Birdscye  Burnett, 
Vera  Hoi)e  Burnett, 
Mabel  Katherine  ( )wen8  Messier 
Henry  Alibett  P.axter, . 
Harold  Morton  Curry, 
Marv  Flizabetli  Peterson,  . 
Helen  Elizabeth  Rice,  . 
Marion  Aurora  Mullett, 
Olga  Elizabeth  Lundberg,  . 
Leo  Remington  Adams, 
IMildred  Caroline  AVhitman, 
Willard  Franklyn  Whitman, 
Charles  Billings  Turner, 
Isabelle  Knowltou  Thomas, 
Harold  Charles  Miller, 
.John  Paul, 
At)ram  Clark, 
Hazel  Winifred  Hewitt, 
Marion  Mineta  McLellan, 
Hazel  Gladys  Newton, 
Hazel  G.  Welch,    . 
Sarah  Stimtz  Peirce,     . 
Mabel  Hazel  Webster, . 
Mabel  Lillie  Margareta  .Jol 
Helen  Genevieve  Kinney, 

Mary  Ruth  INIoores, 
Edith  Mtxy  Lagerl)erg, 
George  I'erry  Foster,   . 
Chester  O.  Shaw,   . 
Mabel  Albertha  Brunell, 
Thomas  Lenwood  Gaines, 
Lillian  May  Chapman, 
IIer))ert  H.  Chickering, 
Alljert  Levering  Ton-ey, 

Phyllis  Edna  Thomas, 
Ste'iihen  ^lansfield  Baker, 
Pliilili  Cormier 
Rose  Kstella. Johnson,  . 
Lilian  Germane  Dance, 
Grace  Mall  Nickerson, 
Sarah  Holmes  Luce,     . 
Cordelia  Dunham  Luce, 
.James  Lyon  Luce, 
Lyman  Burgess  Luce, 
¥A]a  I\[ay  Emerson, 
Harrv  Julius  Paine,      . 
Violet  INlary  .Jane  Acomb, 
Katherine  Parker, 
Madeline  Elizabeth  Bncken 
Marcus  William  Bruce, 
John  Alfred  Bruce, 
Lizzie  Herbert  Pmrke, 
W^alter  Landin  INluDett, 
Helen  Bealiice  Reed,    . 
Irene  I\Iargvierite  Stevens, 
Jennie  Elizabeth  Armstron 
J'cter  Adams  Brown,   . 
Laura  I^eola  Goode,     . 
Henry  Deactm  Stone,  . 
Qnincy  Brooks  Park,  . 
Lcander  B.  Porter, 


Worcester. 

Boston. 

Lowell. 

Newton. 

Newton. 

Waltham. 

Boston. 

Boston . 

Caniljridge. 

Boston. 

Camliridge. 

Worcester. 

Boston. 

Medford. 

Medford. 

Maiden. 

Somerville. 

Somerville. 

Maiden. 

Cambridge. 

Boston. 

Maiden. 

Ashland. 

Lowell. 

Newton. 

Boston. 

Plymouth. 

Boston. 

Maiden. 

Boston. 

Cambridge. 

Ashbv. 

Lowell. 

Groton. 

New  Braintree. 

Everett. 

Wakefield. 

Cambridge. 

Cambridge. 

Pepperell. 

Amherst. 

Boston. 

Somerville. 

Cambridge. 

Cambridge. 

Cambridge. 

Camlmdge. 

Winchester. 

Wobnru. 

Maiden. 

Barre,  Vt. 

Boston. 

Marll)orough. 

Marlborough. 

AValtham. 

Maiden. 

Ashburnham. 

Somerville. 

Boston. 

W'illiamstown. 

Boston. 

Waltham. 

Chelmsford. 

Somerville. 


Changed  by  reason  of  adoption. 


Change  of  ]^ames. 


579 


MIDDLESEX  COUNTY  —  Comhuled. 


Date  of 

Dec 

ree. 

Origiujil  Name. 

Name  Decreed. 

Residence. 

1901. 

Oct. 

1-1, 

Blanche  E.  Mclver, 

Blanche  Ellie  Pierce,   . 

Cambridge. 

IV, 

tk'liiiii  Florence  White,* 

Florence  Bolduc 

Cambridge. 

Nov. 

4, 

Maurice  Kdwin  Sicard, 

Mnurice  Edwin  Clement,     . 

Cambridge. 

e, 

E<l\var(l  Fay  Burke, 

Edwanl  H(il)ert  Ames, 

Marlborough. 

ti, 

Laura  A\  illi'anis,*  .... 

Laura  Ethel  ^\  est. 

Worcester. 

19, 

r.ertlia  Kcady,*      .... 

Rena  Mav  Knaji]!, 

Boston. 

'il, 

Helen  M.  Oliver,*. 

Helen  Mildred  hvino;,. 

Reading. 

26, 

John  Aldrich  Courtney,*    . 

Frank  Jolm  15!llim;-s,    . 

Boston. 

26, 

Susan  Briuhani,*  .... 

Susan  "VVortham 

Holden. 

26, 

Mildred  Davis,*     .... 

Mabel  jNIildred  Sari^ent, 

Everett. 

•26, 

Mary  Scott  Davis, 

Mary  Scott  Brooks, 

AValtham. 

Dec. 

10, 

Samuel   Northrup  Castle   Cole- 

man,       

Samuel  Northrup  Castle,     . 

Cambridge. 

10, 

Frederick  J.  Evans,*    . 

Josejih  (Osborne  Garrity,     . 

Maiden. 

IT, 

Frank  E.  I'ickett,* 

Frank  Ebert  Bachelder, 

Lowell. 

18, 

Pauline  Clifford   (alias  Bertha 

Pauline  Smith),* 

Bertha  Pauline  Smith, 

Cambridge. 

18, 

Julius  Barlol'sky 

Julius  Richard,      .... 

Lowell. 

19, 

Ruth  Snow,* 

Ruth  JMerrick,        .... 

Town  send. 

19, 

Ruby  Snow,* 

Ruby  Merrick,       .... 

Townsend. 

NANTUCKET  COUNTY. 


Lauriston  Flood,* 


Lauristou  Rayiftond, 


Nantucket. 


NORFOLK   COITXTY. 


Joseph  Towle,* 
Doris  Verna  Ferbert,* 
James  H.  Sweeney, 
Alice  Veronica  \Velch, 
Sadie  Gertrude  Nutting,* 
Winnifred  McClenuau"  Nel 
Mary  Currin,* 
Daniel  S.  Bowen,* 
Inez  Gertrtide  Ferbert,* 
Harold  P:.  Grant,* 
Anialia  Elizabeth  Seifert,* 
Helen  .lane  Lenahan,* 
Lucy  May  Small,* 
GertrxideGottleb,* 
Marjoric  Sawver,* 
IMaliel  Cotter,* 
James  McGinn,*    . 
Glenn  S.  Robinson,* 
Rachel  Freeman,   . 
Alice  Touzalin,*    . 
Fred  Packer,* 
Henry  Moru'an  Stetson, ' 
Evelyn  Louise  Burnham,* 
Jeanie  Laugh  1,*     . 
Catherine  (J.  Emmons,* 


Joseph  Crowley,    . 
Doris  Verna  Pierson,  . 
James  Edward  Kendall, 
Alice  Veronica  Stearns, 
Sadie  Gertrude  Meadowi 
AVinnifred  McClennan  Inlanders 
Mary  .loseplune  Prior, 
Daniel  Sylvester  Fury, 
Lena  Grace  Belcher, '  . 
Harold  Elsworth  Leonard, 
Anialia  Elizabeth  Nelson, 
Helen  .lane  Maguire,    . 
Mari(.in  Frances  Shepperso: 
Lena  (Tcrtrude  Trudell, 
Estella  Dean  Morrison, 
Mabel  Elizabeth  Najarian, 
Frank  Ogden, 
George  Noble  McLellan, 
Helen  Freeman,     . 
Alice  Cullinan, 
Frederick  Parker  Nfnvcoml 
Harry  JNIorgan  Stetson, 
Evelyn  Louise  White,  . 
Jeanie  Chadwick  Morgan, 
Gertrude  Young,   . 


Randolph. 

Abington. 

Hyde  Park. 

Foxljorough. 

Brockton. 

Hvde  Park. 

AVcstfleld. 

Hyde  Park. 

Holbrook. 

Fox borough. 

Norfolk. 

Medway. 

Needham. 

Boston. 

Everett. 

Everett. 

Boston. 

Boston. 

Brookline. 

Braintree. 

Lynn. 

Cohasset. 

Boston. 

INIilton. 

Brockton. 


PLYMOUTH  COUNTY. 


Bennie  Chester  Glover,* 
Ruth  Elizabeth  Baker,* 
Jane  Charlotte  Simmons,* 


Chester  Arthur  Hickman, 
Ruth  Aver.y  Whitaker, 
Doris  Linwood  Bartlett, 


Brockton. 
Abington. 
Plymouth. 


*  Changed  by  reason  of  adoption. 


580 


Change  of  JS'ames. 


PLYMOUTH  COUNTY— Concluded. 


Date  of 
Decree. 


Original  Xame. 


Name  Decreed. 


Residence. 


1901. 

Feb.  11, 
•io, 

March  11, 
25, 
25, 
•27,, 
'25, 

April  22, 
22 

May  13,' 
13, 
13, 

June  10, 
24, 
24, 
8, 
26, 
26, 

2S, 
28, 
23, 


July 
Aug. 

Sept. 

Oct. 

Dec. 


Georse  Burj^ess,    . 
Frank  >I.  Barrows,*     . 
Elniira  Hay  ward.* 
Patrick  Edward  Currin,* 
Mary  Roe,*     . 
Mary  E.  Hall,*       . 
Bertha  Frances  Bonney,* 
Albert  Upham,*     .       '. 
George  Eniil  Klint,*     . 
Lillian  Sayward,* 
Xellie  G.  Meekins,* 
jNIabel  D.  Harris,* 
Charles  Tirrell  Bernian,* 
Marton  P.  Hahessey,    . 
Lydia  M.  Schleuter", 
LiUie  Roliinson,*  . 
Harold  F.  Sisson,* 
Ralpli  Marcus  Smith,* 
Kate  Eliza  Snow,* 
Annie  W.  Mackins,*     . 
Alice  Gertrude  Hunt,* 
Catherine  May  Nutting,* 
Arthur  Crandell  Cronin,* 


lioorjre  Brit'irs, 
Frederick  Forest  Lincoln, 
Cyntliia  M.  \Vestg^ate,  . 
Patrick  Edward  Carey, 
Marie  Linwood  Beal, ". 
Mary  E.  Staples,   . 
Bertha  Frances  Pearson, 
Allen  Webber  I'.urrill, 
GeoriiV  Einil  Smit)i, 
Madeline  Camille  McCarty 
Nellie  G.  Chuminuck,  . 
Mahel  D.  Tilden,   . 
Charles  Tirrell  Rosenberg, 
Hassey  T.  Martin. 
Lydia" M.  Wilber,. 
Riith  Lillian  Damon,    . 
Harold  F.  Eastman,      . 
Ralph  Cushing  Clark,  . 
Katie  Snow  (Graves, 
Annie  May  TNIontgomery, 
Alice  Gertrude  Hatch, 
Catherine  May  jNIorse, . 
Arthur  Monroe  Sullivan, 


Mlddieborough. 

Brockton. 

Warehaui. 

Rockland. 

Rockland. 

Lakeville. 

Brockton. 

Bridgewater. 

Brockton. 

Brockton. 

Plymouth. 

Brockton. 

Brockton. 

Bridgewater. 

Mlddieborough. 

Hanover. 

E.  Bridgewater. 

Marion. 

Plymouth. 

Brockton. 

Abingtou. 

Brockton. 

Brocktou. 


SUFFOLK  COUNTY. 


Feb. 


Jan.  3, 
3, 
3, 
3, 

10, 
10, 

1", 

24, 
24, 
31, 
31, 
31, 
31, 
14, 
14, 
20, 
21, 
21, 
21, 
28, 
28, 
28, 
March  7, 


April 


Silas  Hobson,* 
Annie  Douglas,*   . 
Henrietta  Jewell  King, 
Everet  Bryant,*    . 
INlary  ElUen  Bresenhan, 
Lilla  Belle  Russell  Thomp 

Jones,*     . 

Manuel  P^liot  Rencurrel, 
Alice  Ruth  Cunimings,* 
Bernhard  Flocker, 
Samuel  Silberstein, 
James  Edward  Roach,* 
Mary  E.  Chapman, 
Mercedes  Haskius,* 
James  H.  Delaney,* 
Sol  B.  Kantrowitz, 
•John  Wilensky,     . 
Samuel  Wilensky, 
Florence  Irene  Dolphin,* 
William  H.  Flynn,*      . 
Harold  P.  Wh'etmore,* 
Harry  Mver  Kenin, 
Jose)")h  M.  Pucowitz,    . 
Isadore  Eugene  Rosenstein 
Mvrtle  Kuth  Stockman,* 
Rutli  Kent,*    . 
Dorotbv  May  Crafts,*  . 
Ruth  MargaretU  Harris,* 
Earnest  liradford  Lamb,* 
Caroline  Lamb,*   . 
Elsie  Law  son,* 

Ernest  AYilliam  Zeeb,* 
Louis  A.  Frothingham,* 
Louis  Lichtenstein  Cox, 
Laurence  E.  Murphy,  . 
Nathan  F.  Ginsberg,    . 


Harold  Robert  McLellan,    . 
Anna  Louise  AVeaver, . 
Henrietta  .fewell,  .... 
Ernest  Gilman  Boyce, 
INIary  IClizabeth  Maxwell,   . 
Lillii  Belle  Lovelace,    . 
Virginia  Christina  Wardwell,    . 
Manuel  Emile  Rencurrel,    . 
Ruth  Richardson, .... 
Frank  Flocker  Bernard, 
Samuel  Sherman,  .... 
James  Edward  Welch, 
Mary  E.  Elkins,     .... 
Ruth  Morris  Adams,    . 
James  H.  Sullivan, 
Sol  1'..  K alitor,        .... 
John  Williams,      .... 

Samuel  AVilliams 

Florence  Irene  .Tosselyn,     . 
Rufus  G.  Jennings, 
Harold  Preston  Matthews, . 
Harry  Myers,         .... 
Joseph  I\i.  Parker, 
Isadore  Eugene  Rosenstein  Reid, 
Mvrtle  Ruth  Goulding, 
Ruth  Edith  Moors, 
Dorotbv  IVIay  Stevens, 
Ruth  INIargarcMi  Slates, 
Earnest  liradford  Gonant,  . 
Caroline  Conaut,  .... 
Hildreth    Pearl    Marguerite 

Adamore 

Ernest  William  Nietz,  . 
Lawrence  stcelman  Robinson,  . 
Louis  Lichtenstein  Jones,  . 
Lawrence  E.  Boyle, 
Norton  F.  Ginsberg,     . 


"Worcester. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 
Boston. 
Boston. 
Boston. 
Boston. 
Boston. 


*  Changed  by  reason  of  adoption. 


Change  of  ^N'ames. 


581 


SUFFOLK  COUNTY  — Continued. 


Date  of 

Decree. 

Original  Name. 

Name  Decreed. 

Residence. 

1901. 

April     4 

Frank  A.  Wyman,* 

James  Michael  O'Hara, 

Boston. 

11 

Berka  Dlugatch,    . 

Barnett  White,       .... 

Boston. 

11 

Lizzie  Goodrich  Hastings, . 

Elizabeth  Goodrich  Hastings,   . 

Boston. 

11 

Mary  Schronini  Newton^* 

Mary  Schromm 

Boston. 

18 

Abraham  Wilansky,     . 

AlirJiham  Silverman,    . 

Boston. 

18 

I'atlia  Vilkcrman, 

Benjamin  Finkelstein, 

Boston. 

18 

Ruth  Jeani'tte  Uaslev,* 

Ruth  Jeanette  Nickerson,    . 

Boston. 

18 

Ethelvn  May  Toonioth,* 

Ethelyn  Boardman  Doyle,  . 

Boston. 

25 

Wolf  Stone,     . 

Joseph  William  Stone, 

Boston. 

May       2 

Henrietta  Adams,* 

Katherine  Van  Ness,    . 

Boston. 

2 

Albena  Cardinal,* 

Alice  Marion  Dudman, 

Boston. 

2 

Josiah  D.  Cutter,  . 

Dexter  .Tosiah  Cutter,  . 

Boston. 

2 

Walter  Cutter, 

Walter  Hill  Cutter, 

Boston. 

9 

Frances  McKinnon,*    . 

Ruth  Olga  Garland,      . 

Boston. 

9 

Lila  Monroe,* 

Lila  Mav  Sherman, 

Boston. 

15 

Ida  M.  Webster,    . 

Ida  M.  Howe,         .... 

Boston. 

16 

John  Harold  Smith,*    . 

Harold  Hewett 

Boston. 

16 

Eva  Di  Persio,*     . 

Iva  Viola  Garvie 

Boston. 

16 

Edward   INI  c  L  a  u  g  h  1  i  n  ( 

alias 

Doherty),*  . 

Petronius  Don  Henderson, 

Boston. 

23 

Mason,* 

Harold  Herbert  Ferdinand, 

Boston. 

31 

Louise  Alexander,* 

Marv  Louise  Walker,  . 

Boston. 

31 

Ethel  Parker,* 

Pauline  Ethel  Hardy,  . 

Amherst. 

June      6 

Florence  Ruth  Aldrich,* 

Joy  Leavitt  Nevens,'     . 

Boston. 

13 

Abrahiim  Poonsky, 

Abraham  Vernon, 

Boston. 

20 

Jennie  May  Cilley, 

Dorothy  May  Cilley,     . 

Boston. 

20 

James  \'ernon  Cheese, 

James  Vernon  Chase,  . 

Boston. 

20 

Melita  Harris  Bowlsby,* 

Alice  Sharp  McGnire,  . 

Boston. 

27 

Al)l)y  Emily  Wieland,"* 

Abby  Emily  Krebs, 

Boston. 

27 

Nathan  Julius  Somerskv, 

Nathan  .Julius  Somers, 

Boston. 

27 

Ellen  R.  Tighe, 

Nellie  R.  (^'P.rien, 

Boston. 

27 

Grace  D.  Byram,  . 

Grace  D.  Richardson,  . 

Boston. 

July       5 

Leopold  Goldstein, 

Leo  Guild 

Boston. 

5 

John  Birkmaier,    . 

John  J.  McCormack,    . 

Boston. 

11 

Mary  Jane  .Tack,* . 

iSIary  Jane  Mortimer,  . 

Boston. 

11 

Rutli  Bennett  Aldrich,* 

Ruth  Davison,        .... 

Upton. 

11 

Esther  May  Brown,*    . 

Esther  May  Akins, 

Chelsea. 

15 

Peter  Casari,  . 

Peter  Gasser,          .... 

Boston. 

15 

Anna  Casari, . 

Anna  Gasser 

Boston. 

18 

Emily  Isabel  Huggins, 

Emily  Isabelle  Hargrave,*  . 

Chelsea. 

18 

Gertrude  Dancink,* 

Pauline  PUimmer, 

Boston. 

25 

Selig  Krevitsky,*  . 

Selig  Covin, 

Boston. 

25 

Margaret  I.  Ripley, 

Margaret  I.  Rea,    .... 

Boston. 

Aug.     15 

Rosanna  ^^'hite,*  '. 

Anna  W.  Loudon, 

Boston. 

15 

Calvin  Doty  Catferty,* 

Calvin  Doty  Leon, 

Boston. 

15 

.Tfiseph  Siiektdrsky, 

Joseph  Spektorsky  Spencer, 

Boston. 

15 

INIary  A.  Barry,*  ". 

Amy  Howe, 

Boston. 

15 

Frank  Gray,*" 

Joli'n  Randall  Salter,    . 

Boston. 

Sept.      5 

Hattie  Mae  Bean,  . 

H.'irryett  Mae  Bean, 

Boston. 

5 

Frances  Stocktish, 

Frances  Stokes,     .... 

Boston. 

5 

Marcia  Stanley,*    . 

Margaret  Burke,    .... 

Boston. 

6 

May  Walker  Clemmous,* 

Dorothy  Mav  Purdy,   . 

Boston. 

5 

Alice  E.  Eminger, 

Alice  E".  Rodick,    .... 

Boston. 

5 

Blanche  Curtis,*    . 

lM;irv  Pbilliiis,        .... 

Boston. 

5 

Geortce  Prince,*     . 

Cliarles  Mcintosh, 

Boston. 

5 

Henry  J.  Wilbur,* 

Harry  .loseph  Tebbetts, 

Boston. 

12 

Hyman  Samuel  Trachtenbe 

rg,  • 

Ilerninn  Samuel  Tay,  . 

Boston. 

12 

Harold  W.  Akers,* 

Harold  Wintield  White,       . 

Boston. 

12 

Samuel  Wilensky, 

Benjamin  Welling, 

Boston. 

20 

•Tohn  A.  Brievogel, 

.Tohn  A.  Eaton,      .... 

Boston. 

20 

Moses  Cohen, 

Jacob  Moses  Cohen, 

Boston. 

20 

Ethel  Ilurshman,* 

Ethel  ]Mav  C.  JIcKenney,    . 

Boston. 

26 

Philip  B.  Cohen,    . 

Philip  B.'Phillips, 

Boston. 

26 

MoiTisSpatz, 

Morris  Horovitz,  .... 

Boston. 

26 

Howard  De  Lorv,* 

Howai'd  Milligan, 

Boston. 

26 

Maxine  Stafford" Dick,* 

Hazel  Maxine  Mitchell, 

Taunton. 

*  Changed  by  reason  of  adoption. 


582 


ClIAXGE    OF    XaMES. 


SUFFOLK  COU NT Y  —  Coiuhulod. 


D:lt 

L>  Of 

Orighi.il  N.'inio. 

Name  Decreed. 

Residence. 

Dw 

roe. 

1901. 

Oi-t. 

3, 

Leo  >ror(loo."\i  Kautovowitz, 

Leo  ^tordacai  Kantor, 

Boston. 

3, 

3, 

Mabel  Ruth  ■•^hurtlotf,  . 
Dorothy  St.  Clair  Studloy,* 
Mary  Lyon*.*         .        .  '     . 

Mabel  Ruth  Miller. 
Dorothy  Studley  Marshall, 
Mary  Fcrjiuson,     . 

Hoston. 
Boston, 
liostou. 

W, 

.loanna'Kli/.abeth  Kuhn,     . 

Elizabeth  Donaldson,  . 

Boston. 

10, 

Geovae  A.  Dickinson,* 

Georjre  A.  Wilson, 

Uostou. 

•24. 

Albert  Kusrene  Abrahanisou,      . 

Albert  Abrahams, 

Boston. 

•24. 

Lillian  H.lthodes. 

Lillian  U.  Stacy,   . 

Revere. 

31. 

Zarah  Dworetsky, 

Zara  Dworet, 

Bo.^ton. 

31, 
31, 

Rachel  Lena  Dworetsky,    . 
Joseph  A.  Cole.     .        ."       .        . 
Weltlon  Fletcher  Downey,  . 

Rachel  Lena  Dworet,  . 
Joseph  A.  St.  John, 

Boston. 
Boston. 

31, 

Wellnian  Fletcher, 

Boston. 

Kov. 

7 

Vetn  Lake  Iredate,* 

Veta  Lake  Iredale  Youuir, 

Boston. 

u. 

Charles. I.  Burkiiuist,  . 

Charles  J.  Uirch.   . 

Boston. 

14, 

Eupheujia  Stewart  Watt,    . 

Ellie  Stewart  Croiirhtou, 

Boston. 

14, 

Ilihna  Uurqnist 

Hilnia  Birch, . 

Boston. 

14. 

rriscilla  McKenna,*     . 

I'riscilla  Murphv. 

Boston. 

•21, 

Resiiuald  G.  Anderson,* 

George  Rojrinald  Towle, 

Boston. 

'21, 

M.'iry  McKneaney,* 

M.iry  Trescott, 

1  Boston. 

•21, 

Dorothy  Sharp,*"  .... 

Dorothy  Ferrier,   . 

Sonierville. 

•21, 

Edna  Leona  Cole,* 

Edna  Leona  Grimes.    . 

Boston. 

•21, 

Mary  Elizabeth  T^inibert,* 

Mary  Elizabeth  ll:iwkes, 

Boston. 

Dec. 

.5, 

Meyer  Louis  Fein^old, 

Meyer  Louis  Fernald,  . 

Boston. 

1-2, 

Edward  .Joseph  \Valsh,*      . 

Edward  Joseph  Murray, 

Boston. 

1".». 

John  Deluple,*      .... 
Mary  Annie  Elizabeth  Clift'ord, 

Satvatore  Giacol>be.      ! 

Boston. 

lit. 

M;irion  Winthrop  Clift'ord, 

Boston. 

•2(!, 

Dorotliea  F.  Sears.* 

:Mildred  Mav  AVhite,     . 

Boston. 

•2(\ 

Charles  C.  Morsi-an,*     . 

Charles  C.  Stirk,    . 

!  Boston. 

'2('.. 

Francis  S.  Moriran,* 

Fr.'incis  S.  Stirk,    . 

Boston. 

WORCESTER  COirSTY. 


Jan. 

Catherine  R.  Donesran,* 

Grace  Ruth  Tionan, 

Fitchburjr. 

is". 

Eunice  Henienwav,*    . 

Marsraret  Vance,   . 

^\■orcester. 

Ray  McDonal<i.*  ". 

Kenneth  Rav  Durlimr, 

Westminster. 

Feb. 

i.V, 

Vivian  Mae  Pearl,* 

'  Vivian  Mae  Yaft,  . 

Westborouirh. 

March  7. 

Paul  Foster  Lyman,*  . 

Fred  Foster  Cowden,    . 

Spriufrtield". 

s. 

Gladys  S.  Mooro,* 

Gladvs  S.  Fisher,  . 

Athol. 

1^2, 

ElvaRuth  Leisman,*   . 

Elva  Ruth  Stewart. 

Milford. 

1'2, 

Willie  Reno  White. 

William  Reno  White.   . 

Boylstou. 

13, 

Beulah  Albertine  Brown,* 

Beulah  Albertine  Gould, 

Doujrlas. 

13, 

Maud  F.  Macnamara,* 

Maud  Frances  Chapjiell, 
•  Mildred  Josephine  Kimball 

Douirlas. 

16, 

Mildred  Rothe.*     . 

Milford. 

16, 

Harold  Barnard,* 

1  Sidney  Irvinsr  Day, 

Westborousrh. 

1!>, 

Mary  Smart,* 

Mary  Smart  1?obiuson, 

Lanc.-ister.' 

•2(>, 

Roscoe  Emerson  Colnirn, 

Joseph  E.  Coburn, 

Berlin. 

May 

It, 

Florence  Goodney,* 

Florence  Barriere, 

Woreester. 

9, 

.Tosei^h  (ioodney,*. 

Joseph  Luc,    . 

Worcester. 

9, 

Delia  (ioodnev,*    . 

Delia  Natinville,    . 

Worcester. 

9, 

Viririnie  Goodnev,* 

Viririnie  Thibodeau.     . 

Worcester. 

14, 

Etta  May  Dav,*  "  . 

Doris  Louise  Fletcher, 

Oxford. 

14, 

Nellie  E".  Woodman, 

Nellie  E.  Whitnev. 

Westborouffh. 

June 

fi. 

Marv  Martha  demons.* 

Marv  Martha  Worrick, 

Athol. 

10, 

Amelia  Deady,*     . 

Amelia  May  Hall, 

Ijiton. 

If*. 

.Tose)ihine  M;iireret  Wesson 

* 

1  Jos''phine  i'ark  Houston, 

^^  orcoster. 

IS, 

Willie  Franklin  Dillaber, 

,  William  Franklin  Oillalier, 

"Warren. 

July 

1'2, 

William  P.  Welch,*      . 

William  P.  Laverane.  . 

Sturbridsre. 

16, 

Herl)ert  Francis  O'Leary, 

Herbert  Francis  Parsons, 

Worcester. 

Aug. 

10, 

I'selina  Arsenault,* 

IseUua  Buljter,     . 

Fitehburg. 

*  Changed  by  reason  of  adojUion. 


Change  of  Xames. 


683 


WORCESTER  COUNTY  —  Concluded. 


Date  of 
Decree. 


Original  Name. 


Narnc  Decreed. 


Residence. 


1901. 

Sept. 


Oct. 


Nov. 


Dec. 


Mvrtle  White,*      . 
Albert  E.  Robertson,*  . 
Blanche  Lavina  I'aradis,* 
Florenrie  Evelyn  Reeve,* 
•John  E.  Andrews, 
Beatrice  Morse  Cooley,* 
Arthur  Clarence  Moody, 
Dora  J'.  Butler,*  . 
Oracle  Amelia  Fowler,* 
.Julia  A.  Ayer, 
Ralph  Rodney  Kin^,*  . 
Maud  B.  Glencross,*    . 
Elizabeth  Summers  Hart,* 
Charles  Riley, 

Henry  Nathiiniel  En^elbrektson 
Irene -A^rncs  Rartsch,* 
Elizaljeth  Phillijjs  .McAleer, 
Mina  Isabel  Blair,* 
Alice  .4jrne9  O'Brien,* 
* 

Arthur  G.  Andrews,     . 
Martha  .Jones,* 


JIajorie  M.  Webster,    . 
Albert  j;.  Haskins, 
Blanche  Lavina  Bro^-hu, 
Florence  Evelyn  Talbot,     . 
.John  E.  Want, 
Beatrice  Morse  I'ratt,  . 
Arthur  Clarence  Williamson, 
Dora  Marjfery  Wood,  . 
Oracle  Amelia  Ilager,  . 
.Julia  A.  Litchfield,       . 
R;il|)h  Rodney  Clough, 
^laud  Olencross  J^iddle, 
Bessie  Carolyn  Ross,    . 
Charles  Trask, 
Henry  Nathaniel  Anrlrews, 
IreneAjmes  Murjdiy,  . 
Elizaiteth  Winter  Mr;Aleer, 
Isabel  Woodward, 
Alice  Afrnes  Corcoran, 
Minnie  F.  Cummings,  . 
Arthur  G.  Ward,  . 
Mattie  .Jones  FarwelJ,  . 


Worcester. 

^\'est  Brookfield. 

Gardner. 

Worcester. 

I^eominster. 

Gardner. 

Gardner. 

I'pton. 

Sonthbridg'e. 

Fit'libur;.'. 

A-hbumham. 

Worcester. 

No.  Brookfield. 

Ux  bridge. 

Fit<;hburg. 

Leominster, 

Worcester. 

Jycominster. 

Fitchburg. 

Spencer. 

T^eominster. 

Wor<M;ster. 


Changed  by  reason  of  adoption. 


THE 


CIVIL    GOVERNMENT 


AND  OFFICERS  IMMEDIATELY  CONNECTED  THEREWITH  FOR 
THE  POLITICAL  YEAR 

1902. 


EXECUTIVE  DEPARTMENT. 


HIS  EXCELLENCY 

^y.   MURRAY   CRAXE, 

GOVEKXOR. 

John  B.  Smith Private  Secretary. 

Edward  F.  Hamlin Executive  Secretary. 

HIS  HONOR 

JOHN  L.    BATES, 

Lieutenant  Governor. 


COUXCIL  —  (By  Districts)  . 
I.  — DA\aD    F.    SLAUE     . 
II.— ABTHUR   A.    MAXWELL. 
III.  — HENRY   D.    YERXA  . 
I  v.  — JEREMIAH   J.    McNAIVlARA 
v.— DAVID   I.   ROBIXSON 
VI.  — S.    HERBERT   HOWE 
Vn.  — LUCIUS   FIELD. 
Yin.— JULIUS   H.    APPLETON     . 


Fall  River. 

Boston. 

Cambridge. 

Boston. 

Gloucester. 

Marlborough. 

Clinton. 

Springfield. 


WILLIAM   M.    OLIN, 

Secretary  of  the  Commonwealth. 
Isaac  H.  Edgett,  1st  Deputy.  Herbert  H.  Boi'Nton,  2d  Deimty. 

EDAVARD    S.    BRADFORD, 

Treasurer  and  Receiver  General. 

Henry  S.  Bridge,  1st  Clerk.  A.  B.  C.  Deming,  2d  Clerk. 

Wendell  P.  Marden,  Cashier. 

HENRY   E.    TURNER, 

Auditor  of  Accounts. 
William  D.  Hawley,  1st  Clerk.  James  Pope,  2d  Clerk. 

HERBERT   PARKER, 

Attorney  General. 
Frederick  E.  Hurd,  Ralph  A.  Stewart, 

Robert  G.  Dodge,  Arthur  W.  DeGoosh, 

Frederick  H.  Nash,  Frederic  B.  Greenhalge, 

Assistant  Attorneys-General. 


LEGISLATIVE  DEPARTMENT. 


GENERAL   COURT. 

Arranged  in  Accordance  with  the  Distuict  Revision  of  1896. 


se:n'Ate. 


Prcsidctit  —  RXJFVS  A.   SOULE. 


N.ame  of  Senator. 


Residence. 


First  Suffolk, 
Second  " 
Third     " 
Fourtli    " 
Fifth       " 
Sixth      " 
Seventh ' ' 
Eighth    " 
Ninth     " 
First  Essex, 
Second  " 
Third     " 
Fourth   " 
Fifth       " 
First  Middlesex, 
Second      " 
Third 
Fourth       ' ' 


Willard  Ilowland, 
Charles  S.  Sullivan, 
Henry  S.  Fitzgerald, 
William  T.  A.  Fitzgerald, 
John  A.  Sullivan, 
^lichael  J.  Sullivan, 
John  K.  Berry, 
Edward  Seaver, 
Peiiie  A.  Dyar, 
Thomas  F.  Porter, 
J.  Frank  Porter,    . 
Ilari'y  C.  Foster,    . 
Carleton  F.  Ilow, 
Archie  N.  Frost,    . 
Ilenr}^  R.  Skinner, 
Albert  S.  Apsey,    . 
Leonard  15.  Chandler,     . 
George  R.  Jones,  . 


Chelsea. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Boston. 

Lynn. 

Danvers . 

Gloucester. 

Haverhill. 

Lawi'ence. 

"NVatertown. 

Cambridge. 

Somerville. 

Melrose. 


Seistate. 


589 


District. 

Name  of  Senator. 

Residence. 

Fifth  Middlesex,   . 

Cliester  B.  Williams, 

Wayland. 

Sixth         "             ... 

Herbert  E.  Fletcher, 

Westford. 

Seventh     " 

John  T.  Sparks,     . 

Dracut. 

Middle.'^ex  and  Essex,   . 

Alva  S.  Wood, 

Wolnirn. 

First  "Worcester,    . 

David  ]\Ianning,     . 

Worcester. 

Second      " 

John  r.  IMnnroe,   . 

Worcester. 

Third        "            ... 

Edward  F.  Blodgett,      . 

Leominster. 

Fourtli       " 

George  K.  Tnfts, 

NcAV  Braintree. 

Fifth          "            ... 

Cornelius  K.  Day, 

Blackstone. 

First  Hampden,     . 

John  F.  Marsh,      . 

Si^ringfield. 

Second      '• 

Henr}'  C.  Bliss, 

West  Si^ringtield. 

Franklin  and  Hampshire, 

Merrick  A.  Morse, 

Belchertown. 

Berkshire,     .... 

George  Z.  Dean,    . 

Cheshire. 

Berkshire  and  Hampshire,     . 

Henry  E.  Gajlord, 

South  Hadley. 

First  Norfolk, 

Eugene  H.  Sjjrague, 

Quincy. 

Second    "               ... 

Frank  A.  Fales, 

Norwood. 

First  Plymouth,     . 

Elisha  T.  Harvell, 

Kockland. 

Second     "              ... 

David  G.  Pratt,      . 

Middleborough. 

First  Bristol, 

E.  Clarence  Holt,  .          .          . 

Taunton. 

Second  "               ... 

Andrew  H.  Morrison,    . 

Fall  River. 

Third     "               .         .         . 

Rvifus  A.  Soule,     . 

New  Bedford. 

Cape,   ..... 

William  A.  Kye,    . 

Bourne. 

HENPtY   D.    COOLH)GE, 
EDMUND   DOWSE,     . 
CHARLES    G.    DAVIS, 


Clerk. 
Chcijilam. 
Sergeant-at-A  rms . 


590 


House  of  Kepkesextatives. 


HOUSE    OF   REPRESEXTATIYES. 


Sjjeakcr  — JAMES   J.  MYERS. 


COUNTY   OF   SUFFOLK. 


District. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


1st, 


2d, 


3d, 


4th, 


6th, 


6th, 


7th, 


8th, 


9th, 


10th, 


Boston,  Ward  1, 


Boston,  Ward  2, 


Boston,  Ward  3, 


Boston,  Ward  4, 


Boston,  Ward  5, 


Boston,  Ward  6, 


Boston,  AVard  7, 


Boston,  AVard  8, 


Boston,  AVard  9, 


Boston,  AVard  10, 


Charles  I.  Albee,    . 
A.  Dudley  Bagley, . 

Joseph  F.  Hickey,  . 
Daniel  J.  Sheehan, 

AA^illiam  II.  Hayes, 
James  J.  Mellen,    . 

Thomas  A.  Kelley, 
John  H.  Quinlan,    . 

Martin  F.  Higgins, 
Jolin  C.  Hurley, 

Andrew  A.  Badaracco, 
Patrick  H.  Bradley, 

Thomas  Mackey,     . 
John  Quinn,  Jr., 

Thomas  F.  Keenan, 
Daniel  J.  Kiley, 

Jolm  J.  Gartland,  Jr., 
Charles  H.  Reinliart, 

Alfred  F.  Kinney,   . 
AValter  E.  Nichols, 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston . 
Boston. 


House  of  Kepresentatives. 

COUNTY   OF   SUFFOLK  — Continued. 


591 


Town  or  Ward. 


Name  of  Reiiresentative. 


Residence. 


Boston,  Ward  11,  . 

Boston,  Ward  12,  . 

Boston,  Ward  l.S,  . 

Boston,  Ward  U,  . 

Boston,  Ward  15,  . 

Boston,  Ward  16,  . 

Boston,  Ward  17,  . 

Boston,  Ward  18,  . 

Boston,  Ward  19,  . 

Boston,  Ward  20,  . 

Boston,  Ward  21,  . 

Boston,  Ward  22,  . 

Boston,  Ward  23,  . 

Boston,  Ward  24,  . 

Boston,  Ward  25,  . 
Chelsea,  Wards  1,  2, 


Louis  A.  Frothinghani, 
Robert  Homans, 

James  M.  Burke,    . 
David  D.  Leahy, 

Thomas  J.  Collins, 
William  J.  Sullivan, 

David  J.  Gleason,   . 
Edward  L.  Logan,  . 

David  W.  Creed,     . 
William  S.  McNary, 

Richard  H.  Foley,   . 
Arthur  P.  Russell,  . 

James  M.  Curley,   . 
John  J.  Mansfield,  . 

Edwin  A.  Harney,  . 
Thomas  E.  Rafteiy, 

James  P.  Lennon,  . 
James  Mclnerney,  . 

Wilbur  F.  Adams,  . 
Thomas  M.  Vinson, 

Charles  M.  Draper, 
Fred  A.  Emery, 

Jolm  Duff,       . 
John  Young,  Jr.,    . 

John  A.  Coulthurst, 
Andrew  J.  Peters,  . 

Edward  B.  Callender, 
Fred  C.  Gilpatric,   . 

James  N.  Thompson, 
James  I.  Wingate,  . 

John  E.  Beck,. 


Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Boston. 
Boston. 

Chelsea. 


592  House  of  Repeesentatives. 

COUNTY   OF   SUFFOLK  — Concluded 


District. 

Town  or  Ward. 

Name  of  Kepresentative. 

Residence. 

27th, 
'  28th, 

Chelsea,  Wards  o,  4,   . 

('  Chelsea,  AVard  5,          .  ~\ 
)  Revere,        .         .         .  > 
(_  Winthroi),    .          .          .  ) 

Charles  P.  Brewer,  . 
George  T.  Sleeper,  . 

Chelsea. 
Winthroi). 

COUNTY   OF   ESSEX. 

1st, 

2d, 

3d, 
4th, 
5th, 

6th, 
7th, 

8th, 

9th, 

10th, 
11th, 


Amesbiiry,  . 

f  Merrimac,   . 

I  Newburyport,  "Ward  6, 

Salisbury,    . 
1^  West  Newbuiy,   .         .  j 

Haverhill,  Wards  4,  6, 

Haverhill,  W'ds  1,2,  3, 

Haverhill,  Ward  5, 

<  Lawrence,  Wards  1,  2,  J 
I  Methuen,     .         .         .  ^ 

Lawrence, W'ds  3,  4,  5,  6,  < 


^  Andover,  . 
)  Middleton,  . 
(^  North  Andover,  . 

f  Boxford,  . 
J  Georgetown, 
I  Groveland,  . 
[Haverhill,  Ward  7, 

/"  Uanvers, 
)  Peabody, 
(^  Topsfield,    . 

(  Lynn,  Ward  3,     . 
(  Swampscott, 


Daniel  W.  Davis, 

Richard  Newell, 

George  A.  Hall, 

F.  Franklin  Batchelder, 

James  F.  Carey, 

Joseph  E.  Buswell, 
Karl  M.  Ebert, 

Jeremiah  J.  Desmond, 
John  T.  Maloney,     . 
Simon  B.  Ryan, 

Maurice  E.  Tyler,    . 
Henry  Kimball  Palmer, 


Charles  H.  Goulding, 
Charles  H.  Preston, 

AMlliam  F.  Craig,     . 
CJeorge  H.  Jackson, 


Amesbury. 

West  Newbury. 

Haverhill. 

Haverhill. 

Havei'hill. 

Methuen. 
Lawrence. 

Lawrence. 
Lawrence. 
Lawrence. 

Middleton. 
Georgetown. 


Peabody. 
Danvers. 


Lynn. 
Lynn. 


House  of  Representatives, 
county  of  essex  — cokcluded. 


593 


I)istrict. 


Towu  or  AVard. 


Name  of  Representative . 


Residence. 


12th, 
13th, 

Uth, 

15th, 
16th, 
17th, 
18th, 

19th, 

20th, 

21st, 

22d, 


Lynn,  Wards  1,  5,  7, 
Lynnfiekl,    . 

Lynn,  Wards  2,  4, 
Nahant, 

Lynn,  Ward  6,     . 

Saugiis, 

Marblehead, 

Salem,  Wards  1,  2, 

Salem,  Wards  3,  5, 

Salem,  Wards  4,  6, 

Beverly, 

Essex, 

Gloucester,  Ward  8, 

(Hamilton,  . 
Manchester, 
Wenham,     . 

(  Gloucester,  Wards  1,3, 
j      4,  5,  6,     . 

(  Gloucester,  Wards  2,  7, 
(  Rockjjort,    . 


Ipswich,       .  .  .  ^ 

Newbury,    .  .  .  | 

Newburyport, Wards  1,  [. 

2,  3,  4,  5, 

^  Rowley, 


Albert  S.  N.  Hickford, 
William  B.  Phinney, 

Francis  S.  Newhall, 
Charles  H.  Tucker,  . 

Warren  P.  Babb, 
Joseph  C.  Randlett, 

Samuel  Roads,  Jr.,  . 

Thomas  L.  Davis,     . 

David  P.  Waters, 

Joseph  F.  Pitman,    . 


(ieorge  H.  Gibney,   . 
Ulysses  G.  Haskell, 


John  J.  Cunningham, 
Alphonso  Davis, 

J.  Manuel  Marsliall, 


Moody  Kimball, 
George  A.  Schofield, 


Lynn. 
Lynn. 

Lynn. 
Lynn. 

Lynn. 
Lynn. 

Marblehead. 

Salem. 

Salem. 

Salem. 


Hamilton. 
Beverly. 


Gloucester. 
Gloucester. 

Rockport. 


Newburj'port. 
Ipswich. 


COUNTY   OF   MIDJ)LESEX. 


1st, 

Cambridge,  AVard  1, 

James  J.  Myers, 

Caiubridge. 

2d, 

Cambridge,  AA'ard  2, 

•1 

Jeremiah  F.  Donovan, 
James  A.  Montgomery,     . 

Cambridge. 
Cambridge. 

3d, 

Cambridge,  Ward  3, 

George  II.  Dinan,     . 

Cambridge. 

594 


House  of  Representatives. 

COUNTY   OF   MIDDLESEX  — Continued. 


District. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


4th, 

5th, 
6th, 

7th, 

8th, 
9th, 

10th, 

11th, 

12th, 
13th, 
14th, 

15th, 

16th, 

17th, 
18th, 


Cambridge,  Ward  4,    . 

Cambridge,  Ward  5,    . 
Somerville,  Ward  1,    . 

Somerville,  Wards  2,  3, 

6,  7, 

Somerville, Wards  4,  5, 
Medford,W\lsl,2,4,5, 

Everett, 
Maiden, 


Medford,  Wards  3,  6, 
Winchester, 

Arlington,   . 
Lexington,  . 

Belmont, 
Watertown, 


Waltham,    . 


Newton, 

r  Bedford, 
J  Concord, 
1  Lincoln, 
1^  Weston, 

Natick, 


Eben  H.  Googins,     . 
William  J.  Ronnds, 

William  H.  Lewis,    . 

Charles  F.  Wildes,  . 

John  F.  Foster, 
Robert  Luce,  . 
Isaac  M.  Story, 

Charles  L.  L^nderhill, 

J.  William  Williams, 

Arthur  W.  Hatch,     . 
H.  Huestis  Newton, 

Aaron  C.  Dowse, 
George  H.  Fall, 
AVilliam  Schofield,    . 

Lombard  Williams,  . 

J.  Howell  Crosby,    . 

Thomas  L.  Creeley, 


George  F.  Leslie, 
Charles  E.  Stearns, 

George  P.  Bullard, 
William  F.  Dana, 


Abram  E.  Brown, 


Arthur  P.  Sleeper, 


Cambridge. 
Cambridge. 

Cambridge. 

Somerville. 

Somerville. 
Somerville. 
Somerville. 

Somerville. 

Medford. 

Everett. 
Everett. 

Maiden. 
Maiden. 
Maiden. 

Medford. 

Ai'lington. 

Belmont. 


Waltham. 
Waltham. 

Newton. 
Newton. 


Bedford. 


Natick. 


House  of  Representatives.  595 

COUNTY   OF  MIDDLESEX  — Continued. 


District. 


Town  or  Ward. 


Name  of  Representative. 


Resilience. 


lOth, 

20th, 
21st, 

22d, 
23d, 

24th, 

25th, 
26th, 


r  Ashhmd, 
j  Holliston,    . 
j  Ilopkinton,  . 
1^  Sherborn,    . 

Framingham, 

^  Marlborough, 
)  Sudbi;iy, 
(^  Way  land,    . 

(Boxborough , 
Hudson, 
Maynard, 
Stow, 

Acton, 

Ayer,  . 
<j  Littleton, 
I  Shirley, 
(^  Westford, 

r  Ashby, 
I  Groton, 
1  Pei^perell,   . 
[  Townsend,  . 

f  Chelmsford, 
Dunstable,  . 
Lowell,  Wards  4,  7,  8, 


1 


Tyngsborough , 


■J 


27th, 


Lowell,  W'ds  1,  2,  3,  6, 


'Billerica. 
Burlington, 
Carlisle, 
Dracut, 

Lowell,  Wards  5,  9, 
North  Reading,    . 
Tewks))ur}% 
Wilmington, 


Henry  M.  Cutler, 


James  R.  Entwistle, 

William  M.  Brigham, 
Harrie  C.  Hunter,     . 


Albert  Littlefield, 


Webster  C.  Robbins, 


Horace  I.  Whipjile, 


Eben  T.  Adams, 
William  H.  I.  Hayes, 
Caleb  L.  Smith, 

Edwards  Cheney, 
Michael  J.  Mahoney, 
Frank  K.  Stearns,     . 


Edward  L.  McMahon, 
Daniel  J.  O'Brien,    . 


Holliston. 


Framingham. 

Marlborough. 
Marlborouffh. 


Boxboroucfh. 


Acton. 


Pepperell. 


Chelmsford. 

Lowell. 

Lowell. 

Lowell. 
Lowell. 
Lowell. 


Billerica. 
Lowell. 


596  House  of  Repkesentatives. 

COUNTY   OF   MIDDLESEX  — Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

28th, 

29th, 
30th, 
31st, 

<  Reading,      .         .         .  > 
l  Wobnrn,      .          .          .  \ 

Wakefield,  . 

Stoneham,   . 

Melrose, 

Henry  M.  Aldrich,   . 
Arthur  E.  Roberts,  . 

Charles  A.  Dean, 

Sidney  A.  Hill, 

Charles  H.  Adams,  . 

Wolnirn. 
Reading. 

AVakefield. 

Stoneham . 

Melrose. 

COUNTY   OF   WORCESTER. 


1st, 


2d, 


3d, 


4th, 


5th, 


6th, 


^Athol, 

)  Phillipston, 

(^Royalston,  . 

^  Ashburnham, 
J  Gardner, 
j  Terapleton, 
l^Winchendon, 

Barre, 
Dana, 

Hardvvick,   . 

Hubbardston, 

Petersham,  . 

^  Westminster, 

f  Holden, 
New  Braintree, 
North  Brookfield 
Oakham, 
Princeton,    . 
Rutland, 

r  Brookfield,  . 
J  Sturbridge, 
1  Warren, 

[  West  lirookfield, 

Leicester,     . 

Paxton, 

Silencer, 


Edmund  C.  Shepardson,   . 


J.  Myron  Moore, 
Charles  H.  Pratt, 


Frank  W.  Fenno, 


Timothy  Howard, 


Walter  B.  Mellen, 


Eugene  D.  Marchesseault, 


Athol. 


Gardner. 
Ashburnham. 


Westminster. 


No.  Brookfield. 


Brookfield. 


Spencer. 


House  of  Representatives.  ■        597 

COUNTY   OF   WORCESTER  — CoNTixuED. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


f  Charlton,     . 

Dudley, 

Oxford, 

Soutlibridge, 
[  Webster, 

I'  Auburn, 
!  Douglas, 
]  Millbury,     . 
[  Sutton, 

f  Blackstone, 

Grafton, 
<|  Xorthbridge, 
I  Shrewsbury, 
(^  Uxbrldge,    . 

[  Hopedale,    . 

Mendon, 

Milford,       . 

Ujjton, 
(^  Westborough, 

(  Berlin, 

Boylston,     . 

Clinton, 

Xorthborough, 

Southborough, 

Sterling, 
^  West  Boylston, 

'  Bolton, 

Fitchburg,  Ward 
■>^  Harvard, 

Lancaster,   . 

Lunenburg, 

Fitchburg,  Ward; 
3,  4,  5,     . 


6, 


Henry  Brandes, 

Francis  Xavier  Tetreault, 


Winfield  S.  Schuster, 


Edward  A.  Estabrook, 
George  W.  Maxou,  . 


Horace  C.  Adams, 
Edward  L.  Osgood, 


Francis  D.  Xewton, 
Samuel  W.  Tyler, 


1,  2, 


Leominster, 
Worcester,  Ward  1, 
Worcester,  Ward  2, 


William  N.  Felton, 

Henry  G.  Greene,* 
James  Pearce, 

Wooster  F.  Dodge, 

Warren  C.  Jewett, 

George  C.  Himt, 


Webster. 
Soutlibridge. 


Dousrlas. 


Grafton. 
Blackstone. 


Mendon. 
Hopedale. 


Southborough. 
Clinton. 


Bolton. 

Fitchburg. 
Fitchburg. 

Leominster. 

Worcester. 

AVorcester. 


*  Died  March  8. 


598  House  of  Representatives. 

COUNTY  OF  WORCESTER  — Concluded. 


District. 

Town  or  Ward. 

Xame  of  Representative. 

Residence. 

17th, 

Worcester,  Ward  .5, 

Peter  F.  Sullivan,     . 

Worcester. 

18tli, 

Worcester,  Ward  4, 

Mark  N.  Skerrett,    . 

Worcester. 

19th, 

Worcester,  Ward  5, 

John  G.  Hao^berg.    . 

Worcester. 

20th, 

Worcester,  Ward  6,     . 

Frank  M.  Heath, 

Worcester. 

21st, 

Worcester,  Ward  7, 

Arthur  M.  Taft, 

Worcester. 

22d, 

Worcester,  Ward  8, 

Homer  R.  King, 

Worcester. 

COUNTY  OF  HAMPSHIRE. 


1st, 


2d, 


3d, 


4th, 


'' Goshen, 

Hadley, 

Hatfield,      . 

Northampton, 

Westhampton, 
^  Williamsburg, 

C  Chesterfield, 
Cummington, 
Easthampton, 
Huntington, 
Middletield, 
Plainfield,    . 
Southampton , 
Worthington, 

f  Amherst, 
J  Gran by, 
I  Pelham, 
1^  South  Hadley, 

Belchertown, 
Enfield, 
Greenwich, 
Prescott, 
^  Ware, 


Thomas  P.  Larkin, 
Louis  H.  Warner, 


Henry  Ellsworth  Stanton, 


Fred  M.  Smith, 


Arthur  E.  Newcomb, 


Williamsburg. 
Northampton. 


Huntins:ton. 


So.  Hadley. 


Ware. 


House  of  Representatives. 


599 


COUNTY  OF  HAMPDEN. 


District. 


Town  or  "Ward. 


Name  of  Representative. 


Residence. 


1st, 


2cl, 


4th, 
5th, 
6th, 

7th, 

8th, 

9th, 


I^Brimfiekl, 
Holland, 
Monson, 
Palmer, 

Wales, 


Agawam,     . 

East  Longmeadow, 

Granville,    . 

Hampden,  . 
<j  Longmeadow, 

Ludlow, 

Southwick,  . 

Tolland,  . 
l^Wilbraham, 

(  Springfield,   AVards    1, 

j      2,  8, 

(  Springfield,   Wards   3, 
i      4,  5, 

Springfield, Wards  6,  7, 

(  Chicopee,  Wards  1,   2, 
}       3,  4,  0,  6, 


^Chicopee,  Ward  7, 

)  Holyoke,  Wards  1,  2,  3, 

C      4,  5, 


Holj-oke,  AVards  6,  7,  . 

fBlandford,  . 

Chester, 

Montgomeiy, 

Russell, 

AVest  Springfield, 
^  AA^estfield,    . 


Elbrido-e  G.  Hastings, 


Arthur  G.  Crane, 


Elisha  H.  Brewster, 
Henry  F.  Sampson, 

Fordis  C.  Parker, 
George  AV.  Tapley,  . 

Fred  A.  Bearse, 


Bernard  F.  Mitchell, 


Thomas  E.  Begley, 
James  J.  Dowd, 


Fred  F.  Bennett, 


Lucien  O.  Moore, 
Harold  P.  Moseley, 


Palmer. 


E.  Lono-meadow. 


Springfield. 
Springfield. 

Sjmngfield. 
Springfield. 

Springfield. 


Chicopee. 


Holyoke. 
Holyoke. 


Holyoke. 


Montgomery. 
AVestfield. 


600 


House  of  Representatives. 


COUNTY   OF   FRANKLIN. 


District. 


Town  or  W.ird. 


Name  of  Representative. 


Residence. 


1st, 


2d, 


3d, 


4th, 


f  Ashfield, 

Buckland, 

Charlemont 

Colrain, 

Conway, 

Hawley, 

Heath, 

Monroe, 

Rowe, 
^Shelburne, 

TBernardston, 
I  Gill,    . 
I  Greenfield, 
1^  Leyden, 

f  Deerfield, 
Leverett, 
Montague, 
Sunderland, 
Wendell, 

^  Whately, 

(  Erving, 
New  Salem 
Northfield, 

'  Orange, 
Shutesbuiy, 
Warwick, 


Charles  E.  Ward,     . 


Frank  Gerrett, 


Luther  W.  Clark, 


Charles  H.  Green, 


Buckland. 


Greenfield. 


Deerfield. 


Northfield. 


COUNTY   OF   BERKSHIRE. 


1st, 


2d, 


Clarksburg, 
North  Adams, 

Dal  ton, 
Hancock, 
Lanesborough, 
New  Ashford, 
Williamstown, 


) 


William  F.  Barrington, 
C.  Burr  Goodrich,    . 


F.  Dorr  Deming, 


North  Adams. 
North  Adams. 


Lanesborough. 


House  of  Representatives.  601 

COUNTY   OF   BERKSHIRE  — Concluded. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


3d, 


4th, 


5tli, 


6th, 


7th, 


(Adams, 
Cheshire, 
Florida, 
Savoy, 
(^  Windsor, 

Pittsfield, 


f  Becket, 

Hinsdale,     . 
I  Lenox, 
■{  Peru,  . 
I  Richmond,  . 
I  Washington, 
1^  West  Stockbridge 


Lee,     . 

New  Marlljorough, 

Otis,    . 

Sandisfield, 

Stockbridge, 

Tyringham , 

(  Alford, 

Egremont,  . 

Great  Barrington, 
I  Monterey,    . 

Mount  Washington, 
^  Sheffield,     . 


Henry  M.  Fern, 


Frank  Bartlett, 
William  W.  Linnehan, 


Frank  G.  Creamer, 


John  E.  Merritt, 


A.  Chalkley  Collins, 


Adams. 


Pittsfield. 
Pittsfield. 


Peru. 


Otis. 


Gt.  Barrinoton. 


COUNTY   OF   NORFOLK. 


1st, 

2d, 
3d, 

4th, 


Dedhani, 

Norwood, 

Westwood, 

Brookline, 

Hyde  Park, 

Canton, 
Milton, 


John  E.  Fisher, 

Benjamin  C.  Dean,  . 
Edward  Q.  Dyer, 

Joseph  W.  Wattles,  Jr.,  . 


Dedham. 

Brookline. 
Hyde  Park. 

Canton. 


602  House  of  Representatives. 

COUNTY  OF  XOllFOLK  — CoxcLUDED. 


Town  or  Ward. 


Name  of  Representative. 


Residence. 


0th, 


6th, 


7th, 


8th, 


9th, 


10th, 


Quincy, 

<  Braintree, 
(  Weymouth, 

C  Avon, 

)  Hoi  brook, 

(^  Randolph, 

C  Sharon, 
)  Stoughton, 
(Walpole, 

Dover, 

Medfield, 
Millis, 
Needham, 
Wellesley, 

f  Bellingham 
Foxborough 
Franklin, 
Medway, 
Norfolk, 

^  Wrentham 


Frank  E.  Badger, 
John  McKnight, 

Horace  R.  Drinkwater, 
Gordon  Willis, 


John  J.  Collins, 


Joseph  S.  Leach, 


Thomas  Sutton, 


Albion  F.  Bemis, 
George  W.  Bullard, 


Quincy. 
Quincy. 

Braintree. 
Weymouth. 


Avon. 


Walpole. 


Needham. 


Foxborough. 
Medway. 


COUNTY  OF   PLYMOUTH. 


1st, 


2d, 


3d, 


4th, 


(  Kingston, 
I  Plymouth, 

f  Duxburv, 
■  Marshfield, 
Norwell, 
Pembroke, 
1^  Scituate, 

/'  Cohasset, 
)  Hingham, 
(Hull,  . 

C  Hanover, 
)  Hanson, 
(  Rockland, 


Alexander  Holmes, 


Charles  N.  Gardner, 


William  H.  Litchfield, 


Frederic  O.  MacCartney,  . 


Kingston. 


Norwell. 


Hull. 


Rockland. 


House  of  Represe:n"tatives.  603 

COUNTY  OF  PLYMOUTH  — Concluded. 


District. 


Towu  or  Ward. 


Name  of  Representative. 


Residence. 


5th, 
Gth, 

7th, 

8th, 

9th, 
10th, 
11th, 


Abington,    . 
Whitman,    . 

Carver, 
Lakeville,    . 
Marion, 
Mattajjoisett, 
Rochester,  . 
^  Wareham,   . 

^Halifax, 

)  Middleboroiigh, 

(^Plympton,   . 


/"  Bridgewater, 

}  East  Bridgewater, 

Q  West  Bridgewater, 

Brockton,  Wards  3,  4,  . 
Brockton,  W'ds  1,  2,5, 
Brockton,  Wards  6,7,. 


Benjamin  Calvin  Reed, 


Noble  W.  Everett, 


William  A.  Andrews, 


Fred  E.  Fuller, 


Edward  H.  Keith,     . 

George  H.  Garfield, 
Portus  B.  Hancock, 

William  S.  Bamford, 


Whitman. 


Wareham. 


Middleborouo-h. 


E.  Bridgewater. 


Brockton. 

Brockton. 
Brockton. 

Brockton. 


COUNTY  OF  BRISTOL. 


(  Attleborough, 

^ 

I^t 

North  Attlelwrough,     . 

> 

Harry  Draper  Hunt, 

N.  Attleborough. 

Rehoboth,    . 

Thomas  W.  Williams, 

Attleborough. 

^  Seekonk, 

. 

r  Easton, 

~) 

2d, 

)  Mansfield,    . 
(^  Rajaiham,    . 

] 

Robert  Rogerson, 

Mansfield. 

3d, 

Tamiton,  Wards  5,  7,  8, 

John  L.  Rankin, 

Taunton. 

4th, 

Taunton,  AVards  2, 3,  4, 

C  Berkley, 
}  Dighton, 
(  Taunton,  Wards  1,  6, 

^ 

Silas  D.  Reed, 

Tavmton. 

oth. 

] 

D wight  F.  Lane, 

Dighton. 

604  House  of  Representatives. 

COUNTY   OF   BRISTOL  — Concluded. 


District. 

6th, 

7th, 

8th, 

9th, 

10th, 

11th, 


Town  or  Ward. 


(Acushnet,     .  .  .  ^ 

Dartmouth, 
Fairhaven,  . 
Freetown,    . 

(  New  Betlford,  Wards  1, 

^      2,  3, 

New  Bedford,  Wards  4, 


^  NewB< 

i      0,  6, 


^  Fall  River,  Wards  1,2,) 
l  Westport,    .         .         .  ^ 

Fall  River,  W\ls  8,  4,  5,  J 

f  Fall  River,  Wards  6,7,'] 

J       8,  9, 

"]  Somerset,    . 

1^  Swansea, 


Name  of  Representative. 


Handel  E.  Washlnirn, 


John  E.  O'Neill, 
Samuel  Ross,   . 

William  J.  Bullock, 
J.  Clifford  Sherman, 

Edwin  J.  Mills, 
John  Nightingale,    . 

Thomas  Donahue,     . 
Joseph  G.  Jackson,  . 

Frank  M.  Chace, 
Pierre  F.  Peloquin,  . 
Thomas  B.  Rounds, . 


Residence. 


Freetown. 


New  Bedfoi'd. 
New  Bedford. 

New  Bedford. 
New  Bedford. 

Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 

Fall  River. 
Fall  River. 
Somerset. 


COUNTY   OF   BARNSTABLE. 


1st, 


2d, 


3d, 


Barnstable, 
Bourne, 
Falmouth,    . 
Mashpee, 
Sandwich,    . 

(Chatham,     . 
Dennis, 
Harwich, 
Yarmouth,  . 

^  Brewster,    . 

Eastham, 

Orleans, 

Provincetown, 

Truro, 
^  Well  fleet,     . 


Moses  C.  Waterhouse, 


Charles  W.  Swift, 


Joseph  IL  Cummings, 


Bourne. 


Yarmouth. 


Orleans. 


House  of  Representatives. 


605 


COUNTY  OF  DUKES  COUNTY 


District. 

Town  01-  Ward. 

Name  of  Representative. 

Residence. 

1st, 

' 

'  Chilmark,    . 
Cottage  City, 
Edgartown, 
Gay  Head,   . 
Gosnold, 
TisbuiT,       . 

,  West  tisbury. 

> 
> 

> 

Benjamin  G.  Collins, 

Edgartown. 

COUNTY  OF  NANTUCKET. 


1st,       Nantucket, 


Arthur  H.  Gardner, 


Nantucket. 


JAMES  W.  KIMBALL, 
DANIEL  W.  WALDRON,    . 
CHARLES   G.   DAVIS, 


Clerk. 

Chaplai7i. 

Sergeanl-al-Arms. 


606 


Judicial  Department. 


JUDICIAL    DEPAETMENT. 


SUPREME    JUDICIAL    COURT. 


CHIEF   JUSTICE. 

OLIVER  WENDELL  HOLMES,    . 

ASSOCIATE   JUSTICES. 

MARCUS   P.    KNOWLTON, 
JAMES   M.    MORTON, 
JOHN  LATHROP, 
JAMES   MADISON   BARItER, 
JOHN   WILKES   HAMMOND, 
AVILLIAM   CALEB   LORING, 


of  Boston. 


of  Sx>ringfield. 
of  Fall  River, 
of  Boston, 
of  Pittsjield. 
of  Cambridge, 
of  Boston. 


ALBERT   MASON, 


SUPERIOR    COURT. 

CHIEF   JUSTICE. 


of  Brookline. 


ASSOCIATE   JUSTICES. 


EDGAR  J.  SHERMAN, 
ROBERT   R.   BISHOP, 
DANIEL   W.    BOND,     . 
HENRY   K.    BRALEY, 
ELISIIA   BURR   MAYNARD, 
FRANKLIN    G.    FESSENDEN, 
JAMES    B.   RICHARDSON, 
HENRY   N.    SHELDON, 
FRANCIS   A.    GASKILL, 
JOHN   II.   HARDY, 
WILLIAM   B.   STEVENS, 
CHARLES   U.    BELL,    . 
JOHN   A.    AIKEN,         .     . 
FREDERICK   LAWTON, 
EDWARD   P.    PIERCE, 


of  Lawrence, 
of  Newton, 
of  Waltham. 
of  Fall  River, 
of  Sjyringficld. 
of  Oreenjield. 
of  Boston, 
of  Boston, 
of  Worcester, 
of  Arlington, 
of  Stoneham. 
of  Andover. 
of  Oreenjield. 
of  Lowell, 
of  Fitchbzirg. 


Judicial  Department. 


607 


JABEZ  FOX, of  Cambridge. 

CHARLES    A.   DE    COURCEY,       .....  of  Lawrence. 

ROBERT   O.    HARRIS ofEastBridgewater. 

LEMUEL   LeBARON    H0L:MES of  New  Bedford. 

WILLIMI   C.    AVAIT, ofMedford. 


COURT  OF  LAND  REGISTRATION. 

JUDGE. 

LEONARD  A.  JONES, of  Boston. 

ASSOCIATE  JUDGE. 

CHARLES   T.  DAVIS, of  Worcester. 

RECORDER. 

CLARENCE   C.  SMITH, of  Everett 


JUDGES   OF   PROBATE   AND   INSOLVENCY. 


JOHN  W.  MclOM,  Boston,      . 
ROBERT   GRANT,  Boston,      . 
ROLLIN   E.   HARMON,  Lynn, 
CHARLES   J.   McINTIRE,  Cambridge,   . 
GEORGE   FIELD   LAWTON,  Lowell,      . 
WILLIAJI  T.  FORBES,  Westborough,   . 
WILLIAM   G.   BASSETT,  Northampton, 
CHARLES   L.   LONG,   Springfield,. 
FRANCIS   M.   THOIVIPSON,  Greenfield, 
EDWARD   T.    SLOCUM,   Pittsfield, 
JAMES   H.   FLINT,  Weymouth,      . 
BENJAMIN  W.   HARRIS,  East  Bridgewater, 
WILLIAM   E.   FULLER,  Taunton,  . 
HIRA]VI   P.   HARRIMAN,  Wellfleet, 
CHARLES   G.   M.   DUNHAM,  Edgartown, 
THADDEUS   C.   DEFRIEZ,  Nantucket,   . 


Suffolk. 
Suffolk. 
Essex. 
Middlesex. 

]\IlDDLESEX. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


REGISTERS   OF  PROBATE   AND  INSOLVENCY. 

ELIJAH   GEORGE,  Boston, Suffolk. 

JEREMIAH   T.   MAHONEY,   Salem, Essex. 

SAMUEL   H.   FOLSOM,  Winchester,        .         ,         .         .         .     Middlesex. 


608 


JiTDicTAL  Department. 


GEORGE   II.   HARLOW,  Worcester, 
HUBBARD    M.   ABBOTT,   Northampton, 
SAMUEL   B.   SPOONER,   Springfi(4d, 
FRANCIS    KIMS    THOMPSON,   Greenfield 
FRED.   R.   SHAW,    Adams, 
JONATHAN   COBB,  Dedham,     . 
JOHN   C.   SULLIVAN,   Middleborough. 
ARTHUR   M.    ALGER,   Taunton, 
FREEMAN    H.    LOTHROP,   Barnstable, 
BERIAH   T.   HILLMAN,  Edgartown. 
HENRY   RIDDELL,  Nantucket, 


Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


DISTRICT   ATTORNEYS 

OLIVER  STEVENS,  Boston.  . 
GEORGE  A.  SANDERSON,  Ayer, 
W.  SCOTT  PETERS,  Haverhill, 
L.  ELMER  WOOD,  Fall  River, 
ASA  P.  FRENCH,  Randolph,  . 
ROCKWOOD  HOAR,  Worcester, 
JOHN  F.  NOXON,  Pittsfield,  . 
DANA  M ALONE,  Greenfield,     . 


Suffolk. 

Northern. 

Eastern. 

Southern. 

Southeastern. 

Middle. 

A\''estern. 

Northwestern. 


SHERIFFS. 
FRED    II.    SEAVEY,  Boston,      . 
SAMUEL   A.    JOHNSON,   Salem, 
JOHN   R.    FAIIIBAIRN,   Cambridge, 
ROBERT   H.    CHAMBERLAIN,  AVorcester, 
JAIRUS   E.    CLARK,   Northampton,  . 
EMBURY   P.    CLARK,  Springfield,    . 
ISAAC    CIIENERY,   Montague,  . 
CHARLES    W.    FUIXER,  Pittsfield,  . 
SAMUEL   H.    CAPEN,  Canton, 
HENRY   S.    PORTER,  Brockton, 
EDWIN    H.    EVANS,  Taunton, 
ULYSSES   A.    HULL,  Barnstable,      . 
JASON   L.    DEXTER,  Edgartown,     . 
JOSIAH   F.    BARRETT,  Nantucket,  . 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


Judicial  Department. 


609 


CLERKS   OF   COURTS. 

HENRY  A.   CLAPP,  Boston,  Clerk  of  the  Supreme  Judicial 

Court  for  the  Commonwealth. 

JOHN   NOBLE,  Boston,  Supreme  Judicial  Court,        .         .  Suffolk. 
JOSEPH   A.    AVILLARD,   Boston,  Sup.  Ct.,  Civil  Bus.,        .  ^ 

JOHN   P.    MANNING,  Boston,  Sup.  Ct.,  Crim.  Bus.,         .  I  SufI"^olk. 

EDWARD   B.    GEORGE,  Haverhill Essex. 

THEODORE   C.    HURD,  Winchester,  ....  I^Iiddlesex. 

THEODORE    S.    JOHNSON,  Worcester,    ....  Worcester. 

WILLIAM   H.    CLAPP,  Northampton,         ....  Hampshire. 

ROBERT   O.    MORRIS,   Springtield, Hampden. 

CLIFTON   L.    FIELD,   Greenfield Franklin. 

FRANK   H.    CANDE,  Pittsfield Berkshire. 

LOUIS   A.    COOK,  Weymouth Ncjrkolk. 

EDWARD   E.    HOBART,  Plymouth, Plymouth. 

SBIEON   BORDEN,  Fall  River, Bristol. 

S:\nTH   K.    HOPKINS,  Barnstal.le Barnstable. 

SAMUEL   KENISTON,  Edgartown, Dukes. 

JOSIAH    F.    MURPHEY,  Nantucket,  ....  Nantucket. 


610 


Members  of  Congress. 


MEMBERS  OF  THE  FIFTY-SEVENTH  CONGRESS. 


[Congressional  Districts  establislied  by  Chap.  396,  Acts  of  1891,  and  Chap.  519,  Acts  of  1896.] 


Senators. 


GEORGE   FRISBIE   HOAR, 
HEXRY    CABOT   LODGE,  . 


of  Worcester, 
of  Nahant. 


Representatives. 
District    I.— GEORGE   P.    LAWRENCE, 
II. —FREDERICK   H.    GILLETT, 


III. 

—  JOHN   R.    THAYER,    . 

.     of  Worcester. 

IV. 

—  CHARLES    Q.    TIRRELL,     . 

.     of  Natick. 

V. 

—  WILLIAJVI   S.    KNOX, 

.     of  Lawrence. 

YI 

—  WILLIAM   H.    MOODY,* 

.     of  Haverhill. 

VII. 

—  P:RNEST   W.    ROBERTS, 

.     of  Chelsea. 

VII  [. 

—  SAI^IUEL   W.    McCALL, 

.     of  Winchester. 

IX. 

—  JOSEPH   A.    CONRY,  . 

.     of  Boston. 

X. 

—  HENRY   F.    NAPHEN, 

.     of  Boston. 

XI. 

—  S.VAIUEL   L.    POWERS, 

.     of  Newton. 

XII. 

—  AVILLIAM   C.    LOVERING, 

of  Taunton. 

XIII. 

—  WILLIAM   S.    GREENE, 

.     of  Fall  River. 

*  Resigned  Mai 

'  1. 

of  North  Adams, 
of  Sjjringfield. 


APPENDIX 


The  following  tables  have  been  prepared  by  Fisher  Ames,  Esq., 
appointed  to  that  duty  under  section  1  of  chapter  9  of  the 
Revised  Laws,  Avhich  directs  the  governor  to  appoint  a  skilled 
person  to  prepare  "a  table  of  changes  in  the  general  laws." 


TABLES 


WHAT    GENERAL     LAWS     OF     THE     COMMONWEALTH 

HAVE    BEEN    AFFECTED    BY    SUBSEQUENT 

LEGISLATION. 


I. 
CHANGES   m   THE   "REVISED   LAWS. 


Chapter  1. — Of  the  Jurisdiction  of  the  Commonwealth,   and  Places 
ceded  to  the  United  States. 

Sect.  5.     Tract  in  Nahaiit  ceded.     St.  1902,  373. 

Chapter  3.  — Of  the  General  Court. 
Sect.  17  amended.     St.  1902,  544  §  1. 

Chapter  4. —Of  the  Governor,  Lieutenant  Governor  and  Council. 

Sect.   6.     Provision  for  an  assistant  messenger  and  ciiantie  in  salaries. 
St.  1902,  523. 

Chapter  5.  —  Of  the  Secretary  of  the  Commonwealth. 

Sect.  2  revised.     St.  1902,  364. 

Sect.  4  et  seq.     See  St.  1902,  470,  524,  544  §  8. 

Sect.   6.     See  St.  1902,  438. 

Chapter  6.  — Of  the  Treasurer  and  Receiver  General,  the  Auditor  of 
Accounts  and  Matters  of  Finance. 

Sect.   14.     Allowance  for  additional   assistance  increased.       St.    1902, 
177. 

Sect.   59.     Certain  checks  excepted.     St.  1902,  55. 

Chapter  7. —  Of  the  Attorney  General  and  the  District  Attorneys. 

Sect.   13.     Salaries  changed  :   assistant,  eastern  district.     St.  1902,  530. 
First  and  second  assistants,  Suffolk.     St.  1902,  471. 


614  Changes  in  the  [Chaps.  8-12. 


Chapter  8.  — Of  the  Statutes. 

Sect.  5,  cl.  9.     "  Home  week"  established.     St.  1902,  109. 

Chapter  9.  — Of  the  Printing  and  Distribution  of  the  Laws. 

A  board  of  publication  is  established.     St.  1902,  438. 

Sect.  6  repealed.     St.  1902,  438  §  7. 

Sect.  7  repealed  as  to  report  of  inspector  of  gas.  St.  1902,  228  §  8. 
Board  of  health  may  publish  certain  information  in  interests  of  public 
health.     St.  1902,  230. 

Amendment  as  to  prison  commissioners'  report.  St.  1902,  269.  So 
much  as  refers  to  maps,  plans,  woodcuts,  etc.,  repealed.     St.  1902,  438  §  7. 

Certain  printed  town  records  added.     St.  1902,  470  §  2. 

Chapter  11.  —  Of  Elections. 

Name  of  "  democratic  social"  party  changed  to  "  socialist"  party.  St. 
1902,  56. 

Sect.   1.     Municipal  political  parties  in  Cambridge.     St.  1902,  529. 

Sect.  5  amended.     St.  1902,  384. 

Sect.   20  amended.     St.  1902,  90. 

Sect.  60.  Provision  as  to  Suffolk  senatorial  districts.  St.  1902,  348, 
512. 

Sect.  84  amended.  Provision  for  announcement  of  number  of  the  com- 
mittee.    St.  1902,  225,  492. 

Sect.  96  amended.     St.  1902,  506. 

Sect.  108.     See  St.  1902,  537  §  3. 

Sect.  124.     See  St.  1902,  537  §  2. 

Sects.  136-149.  Provision  for  direct  nomination  in  cities  of  candidates 
for  certain  offices.     St.  1902,  537. 

Sect.   171  amended.     St.  1902,  157. 

Sect.  279  amended.     St.  1902,  544  §  2. 

Sect.  331.  Town  may  provide  that  moderator  be  elected  for  one  year. 
St.  1902,  346  §  1.  He  shall  be  sworn  in.  St.  1902,  346  §  2.  Provision 
in  case  of  his  absence.     St.  1902,  346  §  3. 

Sect.  422.  Districts  for  election  of  representative  to  fill  a  vacancy. 
St.  1902,  518. 

Chapter  12.  — Of  the  Assessment  of  Taxes. 

Sect.  4.     Fourth  cl.  in  part  repealed.     St.  1902,  374  §  4. 

Sects.  7,  8  and  9  repealed,  and  new  provisions  made  for  taxing  vessels 
engaged  in  foreign  trade.     St.  1902,  374. 
.Sect.  15  amended.     St.  1902,  113. 

Sect.  17  amended.     St.  1902,  112. 

Sect.  23.  Provision  as  to  underground  wires,  etc.,  added.  St.  1902, 
342  §  1. 

Sect.  49  repealed.     St.  1902,  111. 

Sect.  84  amended.     St.  1902,  91. 


Chaps.  13-23.]  REVISED   LaWS.  615 


Chapter  13.  —  Of  the  Collection  of  Taxes. 

Sect,  20  et  seq.  A  foreign  corporation  or  non-resident  failing  to  pay  the 
tax  may  be  enjoined  in  equity  from  doing  business  here  until  tax  is  paid. 
St.  1902,  349. 

Sect.  43  amended.  Provision  as  to  deed  being  prima  facie  evidence 
after  five  years  stricken  out.     St.  1902,  423. 

Sects.  60,  61  are  superseded.     St.  1902,  443. 

Chapter  14.  —  Of  the  Taxation  of  Corporations. 

Sects.  37,  38,  39,  42.  Underground  wires,  pipes,  etc.,  added.  St.  1902, 
342  §§  2,3,4,5. 

Chapter  15.  —  Of  the  Taxation  of  Collateral  Legacies  and  Successions. 

Sects.  2-4.  Provision  for  cases  where  there  is  an  intervening  estate  for 
life  or  a  term  of  years.     St.  1902,  473. 

Chapter  16.  —Of  the  Militia. 

Sect.  14.  Allowance  for  additional  clerks,  etc.,  increased.  St.  1902, 
336. 

Sect.  82  amended.     St.  1902,  1.58. 
Sect.  180  revised.     St.  1902,  493. 

Chapter  19. —Of  the  Civil  Service. 

A  board  of  publication  is  established.     St.  1902,  438. 

Sect.  5  amended.  Certain  records  may  be  destroyed  after  six  years. 
St.  1902,  308. 

Sect.  21  not  to  apply  to  detective  department  of  district  police.  St. 
1902,  413. 

Sect.  36  amended.     St.  1902,  544  §  3. 

Chapter  20.  —  Of  Counties  and  County  Commissioners. 

County  commissioners  authorized  to  kill  sheep-worrying  dogs  in  certain 
cases.     St.  1902,  226. 

Sect.  1.  Mnskeget  and  Gravelly  islands  annexed  to  Nantucket.  St. 
1887,  88. 

Sect.  14.     Salaries  changed  :  Essex.     St.  1902,  411. 

Form  of  section  revised.     St.  1902,  544  §  4. 

Chapter  22.  —  Of  Registers  of  Deeds. 

Sect.  7  amended.     St.  1902,  544  §  5. 

Sect.  31  amended.     Powers  of  commissioners  increased.     St.  1902,  422. 

Chapter  23.  —  Of  Sheriffs. 

Sect.  18.  Salaries  changed  :  Franklin.  St.  1902,  359.  Plymouth.  St. 
1902,  436. 


616  Changes  in  the  [Chaps.  25-29. 


Chapter  25.  —  Of  Towns  and  Town  Officers. 

Town  may  provide  for  choice  of  a  moderator  for  one  year.  St.  1902, 
346  §  1.  He  sliall  be  sworn  in.  St.  1902,  346  §  2.  Provision  in  case  of 
his  absence.  St.  1902,  346  §  3.  Town  may  appropriate  money  for  obser- 
vance of  "  home  week."  St.  1902,  109.  Certain  towns  may  appropriate 
money  for  removal  of  snow  and  ice  from  sidewalks  in  certain  cases  and 
assess  cost  on  abutting  estates.  St.  1902,  205.  Towns  may  regulate  and 
license  junk  collectors. .  St.  1902,  187.  They  may  provide  for  care  of 
neglected  burial  grounds.  St.  1902,  389.  Towns  having  no  electric  light 
may  contract  therefor  with  street  railway  companies.     St.  1902,  499. 

Sect.  14  amended.     St.  1902,  544  §  6. 

Sect.  16.  Town  officers  may  enter  on  private  land  for  purpose  of  ex- 
terminating certain  insect  pests.     St.  1902,  57. 

Sect.  23.     Paragraph  4.     See  St.  1902,  205. 

Sect.  35.     Extended  to  purchase  of  water.     St.  1902,  361. 

Sect.  54.     See  St.  1902,  449. 

Sect.  83.     See  St.  1902,  57. 

Chapter  26.  —  Of  Cities. 

City  may  appropriate  money  for  observance  of  "  home  week."  St. 
1902,  109.  And  for  memorials  of  persons  who  served  in  Spanish- American 
"War.  St.  1902,  286.  And  for  care  of  neglected  burial  grounds.  St. 
1902,  389.  May  regulate  and  license  junk  collectors.  St.  1902,  187. 
City  officers  may  enter  private  land  to  exterminate  certain  insect  pests. 
St.  1902,  57. 

Sect.  7.  Overseers  of  the  poor  to  be  elected  for  three  years  in  certain 
cities.     St.  1902,  444. 

Sect.  21.  Cities  (except  Boston)  may  provide  annuities  for  widows  and 
minor  children  of  police  officers  who  die  from  injuries  received  in  discharge 
of  duty.     St.  1902,  437. 

Chapter  27.  —  Of  Municipal  Indebtedness. 

Sect.  3.     See  St.  1902,  325. 

Sects.  13,  14,  15.     See  St.  1902,  325. 

Chapter  28.  — Of  Public  Parks,  Playgrounds  and  the  Public  Domain. 

Sect.  1  amended.     St.  1902,  544  §  7. 

Chapter  29.  —  Of  the  Return  and  Registry  of  Births,  Marriages  and 

Deaths. 

Provision  for  printing  and  preserving  certain  town  records.  St.  1902, 
470. 

Sect.  22  amended.     St.  1902,  544  §  8. 


Chaps.  32-48.]  REVISED   LaWS.  617 


Chapter  32.  —  Of  the  State  Fire  Marshal,  Fires,  Fire  Departments  and 

Fire  Districts. 

Offices  of  state  fire  marshal,  cleputj'  and  subordinates  abolished  and  de- 
partment transferred  to  district  police.     St.  1902,  142. 
Sect.  37.     See  St.  1889,  57. 
Sects.  71,  72.     Amount  increased.     St.  1902,  108. 

Chapter  34.  —  Of  the  Manufacture  and  Distribution  of  Gas  and  Elec- 
tricity by  Cities  and  Towns. 

Sect.  1.  Towns  not  having  electric  light  may  contract  therefor  with 
street  railway  companies.     St.  1902,  449. 

Chapter  35.  —  Of  the  Public  Records. 

Certain  public  records  in  Norfolk  to  be  transferred  to  Essex.  St.  1902, 
311  §  1. 

Sect.  3.     See  St.  1902,  470  §  1. 

Sects.  12,  14.  As  to  custody  of  records  deposited  elsewhere  than  where 
they  originally  belonged,  see  St.  1902,  311  §§  2,  3. 

Chapter  38.  — Of  Libraries. 

Sect.  11  et  seq.     See  St.  1902,  470  §  1. 

Chapter  42.  — Of  the  Public  Schools. 

Provisions  for  schools  in  Boston.  St.  1889,  297  ;  1895,  408  ;  1897,  202, 
442;   1898,  400;   1899,  362;   1900,  235,  237;   1901,  448,  473;   1902,  386. 

Sect.  3  amended  as  to  amounts  to  be  furnished  by  the  Commonwealth. 
St.  1902,  433. 

Chapter  46.  —  Of  Truants  and  Truant  Schools. 

Sect.  1  amended.     Franklin  and  Hampshire  excepted.   St.  1902,  256. 

Chapter  47.  — Of  State  Highways. 

Provision  for  expenses.     St.  1902,  246. 

Chapter  48.  — Of  the  Laying  Out  and  Discontinuance  of  Ways  and  of 
Damages  caused  by  the  Taking  of  Land  for  Public  Uses. 

As  to  metropolitan  pai'k  commission,  see  St.  1893,  407  ;  1894,  288  ;  1895, 
450;  1896,465;  1898,473,531;  1899,400,406,419;  1901,93,146,380; 
1902,  77,  166,  172. 

An  act  to  fix  the  time  when  property  shall  be  deemed  to  be  taken  for 
metropolitan  sewerage  works.     St.  1902,  101. 

Sect.  88.  Ways  in  Suffolk.  St.  1888.  397  ;  1891,  323  ;  1892,  401,  415 
§3,418;  1895,494;  1896,237;  1897,166,167,319,394;  1898,210,252, 
298,566;  1899,  433,  443,  450;  1900,  478;  1901,  199,  465;  1902,  521. 
An  act  relative  to  Boston  bridges.     St.  1902,  224. 


618  Changes  in  the  [CHAts.  49-58. 


Chapter  49.  —  Of  Sewers,  Drains  and  Sidewalks. 

As  to  metropolitan  water  and  sewerage  system,  see  St.  1889,  439  ;  1895, 
342,  4U6;    1897,  80,  81,  83,  88,  502;   1901,  168;   1902,  101,  189. 

As  to  Boston,  see  St.  1891,  323;  1892,402;  1894,  227,  256  ;  1895,  297, 
494;   1896,  237,  359;   1897,  426;   1898,  257;   1899,  450;   1900,  126,  478; 

1901,  199;  1902,  521,  526. 

Chapter  50.  — Of  Betterments  and  Other  Assessments  on  Account  of 
the  Cost  of  Public  Improvements. 

Provision  for  certain  assessments  in  Boston.     St.  1902,  521,  527. 
Sect.  11  revised.     St.  1902,  503. 

Chapter  52.  —  Of  Regulations  and  By-Laws  relative  to  Ways  and 

Bridges. 

Advertising  signs  restricted  in  streets  of  Boston.  St.  1895,  352;  1897, 
413  §  6. 

An  act  to  regulate  speed  and  operation  of  automobiles  and  motor  ve- 
hicles on  highways.     St.  1902,  315. 

Sect.  5.     See  St.  1902,  205. 

Chapter  56.  —  Of  the  Regulation  of  Trade  and  the  Inspection  and  Sale 

of  Food. 

Baking  powders  after  March  31,  1903,  to  be  labelled  with  names  of  in- 
gredients.    St.  1902,  540. 

Misrepresentations  as  to  merchandise  for  sale  are  made  punishable.     St. 

1902,  397. 

Sects.  3,  4  repealed.  OfBce  of  inspector  general  of  fish  abolished,  and 
powers  and  duties  transferred  to  commissioners  of  fisheries  and  game.  St. 
1902,  138. 

Chapter  57.  —  Of  the  Inspection  and  Sale  of  "Various  Articles. 

Baking  powders  after  March  31,  1903,  to  be  labelled  with  names  of  in- 
gredients.    St.  1902,  540. 

Sect.  39.  Inspection  and  weighing  to  be  made  when  required  by  vendee 
at  the  time.     St.  1902,  459. 

Sect.  83.  A  woman  may  be  appointed  a  weigher  of  coal.  St.  1902, 
159.     Or  a  non-resident.     St.  1902,  453  §  1. 

Sects.  88,  89,  91  amended.     St.  1902,  453  §§  2,  3,  4. 

Chapter  58.  —  Of  the  Inspection  of  Gas  and  Gas  Meters. 

Sect.   1.     Powers  and  duties  of  inspector  transferred  to  board  of  gas 
and  electric  light  commissioners.     St.  1902,  238  §  1. 
Sects.  1,  2,  3,  4,  5,  6,  7  repealed.     St.  1902,  238  §  8. 
Sect.  14.     See  St.  1902,  238  §  3. 


Chaps.  60-75.]  REVISED   LawS.  619 


Chapter  60.  — Of  the  Survey  and  Sale  of  Lmnber,  Ornamental  Wood 

and  Ship  Timber. 

Sect.  4  amended.  St.  1902,  477  §  1. 
Sect.  7  amended.  St,  1902,  477  §  2. 
Sects.  9,  10,  11  repealed.     St.  1902,  477  §  3. 

Chapter  62.  — Of  Weights  and  Measures. 

Sect.  3.     Barrel  of  sweet  potatoes  150  pounds.     St.  1902,  115. 
Sect.  8.     Deputy's  salary  changed.     St.  1902,  457. 
Sect.  17  amended.     Provision  charging  expense  to  counties,  cities  and 
towns  omitted.     St.  1902,  539. 

Chapter  65.  —  Of  Itinerant  Vendors,  Hawkers  and  Pedlers. 

Sect.  9  amended.     Error  corrected.     St.  1902,  544  §  9. 
Sect.  17  amended.     Boot  blacks  added,   and  provision  for  licenses  in 
Boston  after  December  31,  1902.     St.  1902,  531. 

Charter  66.  — Of  Shipping  and  Seamen,  Harbors  and  Harbor  Masters. 

Lines  and  regulations  in  certain  harbors.  Boston,  St.  1882,  48;  1891, 
309;  1892,358  §  2;  1897,486;  1898,278;  1899,469;  1901,196,  Buz- 
zard's Bay,  1898,  169,  Charles  River,  1897,  479;  1901,  245,  401,  Chel- 
sea, 1887,  344,  Gloucester,  1882,  103;  1883,  109;  1885,  315;  1895, 
106,     Haverhill,  1883,  104  ?  1902,  313.     New  Bedford,  1901  ;  243, 

Sect.  19.     As  to  Boston.     See  St.  1889,  147. 

Chapter  67.  —Of  Pilots  and  Pilotage. 

Fees  established.  Cohasset,  St.  1887.  298.  Salem  and  Beverly,  1887, 
204.     Winthrop,  1892,  114.     Woods  Hole,  1889,  275. 

Chapter  72.  — Of  the  Use  of  Labels,  Trade-Marks  and  Names. 

After  March  31,  1903,  baking  powders  must  be  labelled  with  names  of 
ingredients.     St.  1902,  540, 

Chapter  75.  —  Of  the  Preservation  of  the  Public  Health. 

As  to  metropolitan  water  and  sewerage  system,  see  St,  1889,  439  ; 
1895,  342,406;  1897,  80,  81,  83,  88,  502;  1901,  168;  1902,  101,  189, 
391,  535,  Board  of  health  shall  publish  in  report  and  may  publish  in 
newspapers  analyses  and  information  as  to  adulterations,     St,  1902,  272. 

Sects.  4,  5.  Powers  and  duties  of  inspector  and  assayer  of  liquors 
transferred  to  board  of  health,     St,  1902,  110.      (See  1902,  541,) 

Sect,  34  revised,     St.  1902,  403. 

Sect.  40.  Board  may  admit  patients  from  another  city  or  town.  St. 
1902,  206  §  1. 

Sect.  46  amended.     St,  1902,  206  §  2, 

Sect.  57  revised.     St.  1902,  213. 


620  Changes  in  the  [Chaps.  76-89. 

Sects.  103,  104  repealed.     St.  1902,  312  §  1. 

Sect.  105  amended.    St.  1902,  312  §  2. 

Sect.  112  et  seq.     See  St.  1902,  541. 

Sect.  137  revised.     St.  1902,  190  §  1. 

Sect.  139  revised.     St.  1902,  190  §  2;  544  §  10. 

Chapter  76.  —  Of  the  Registration  of  Physicians,   Surgeons,   Phar- 
macists and  Dentists. 

Salaries  of  members  and  secretaries  of  the  several  boards  aud  allowance 
for  travel  fixed.     St.  1902,  505. 

Sects.  4,  12,  27  repealed.      St.  1902,  505  §  6. 

Sect.  17  amended.  Board  may  reconsider  its  action  in  certain  cases. 
St.  1902,  321. 

Sect.  23  added  to.     St.  1902,  327. 

Chapter  77.  —  Of  the  Promotion  of  Anatomical  Science. 

New  section  (5)  added  relative  to  autopsies.     St.  1902,  417. 

Chapter  78.  —  Of  Cemeteries  and  Burials. 

Cities  and  towns  may  appropriate  mouev  for  care  of  ueylected  burial 
grounds.     St.  1902,  389. 

Chapter  79.  —  Of  State  and  Military  Aid  and  Soldiers'  Relief. 

Sect.  3  amended.     St.  1902,  251.     (See  1902,  55.) 

Sects.  8,  22.  Offices  of  commissioners  of  state  aid  and  of  state  pension 
agent  abolished,  and  offices  of  commissioner  and  deputy  commissioner  of 
state  aid  and  pensions  established.     St.  1902,  192.      (See  1902,  216.) 

Sects.  18,  20,  21  extended.     St.  1902,  250. 

Sect.  20  extended.     St.  1902,  292. 

Chapter  81.  —  Of  the  Support  of  Paupers  by  Cities  and  Towns. 

Sect.  25.     See  St.  1902,  206,  213. 

Chapter  86.  —  Of  the  Lyman  School  for  Boys,  the  Industrial  School 
for  Girls,  and  the  Reformation  of  Juvenile  Offenders. 

Reform  school  for  Boston.     St.  1901,  359. 
Sect.  20  amended.     St.  1902,  314. 

Chapter  87.  —  Of  the  State  Board  of  Insanity  and  Institutions  for  the 

Insane. 

Sect.  22.     Number  of  trustees  increased.     St.  1902,  542. 

Chapter  89.  —  Of  the  State  Board  of  Agriculture  and  the  Dairy  Bureau. 

Cattle  bureau  established  with  powers  and  duties  of  board  of  cattle  com- 
missioners.    St.  1902,  116  §§  2,  3. 

State  nursery  inspectorship  established  and  provision  for  protection  of 
trees  etc.,  from  injurious  insects  and  diseases.     St.  1902,  495. 

Sect.  1  amended.     St.  1902,  116  §  4. 


Chaps.  90-96.]  REVISED   LaWS.  621 


Chapter  90.  —  Of  the  Board  of  Cattle  Commissioners  and  of  Conta- 
gious Diseases  of  Domestic  Animals. 

Board  of  cattle  commissioners  abolished  and  powers  and  duties  trans- 
ferred to  cattle  bureau  of  state  board  of  agriculture.     St.  1902,  116. 

Chapter  91.  —  Of  Fisheries. 

Powers  and  duties  of  inspector  general  of  fish  transferred  to  the  com- 
missioners of  fisheries  and  game.  St.  1902,  138.  Commissioners  may  in- 
vestigate questions  relating  to  fish  and  game.     St.  1902,  178. 

Fishing  regulated  in  various  places  :    Barnstable  County ;  St.  1884,  264 
1887,  120;  1892,   196;   1901,  184.      Bass  river;  1894,  134.      Berkshire 
1888,276;   1890,193:   1895,199;   1902,137.     Boston  harbor ;   1894,189 
Bourne;    1899,  194.     Brimfield ;    1895,   411.     Bristol;    1882,   189;    1891 
198.     Buzzard's  bay;   1884,  214  §  2  ;   1886,  192;   1891,  237;  1893,  205 
255.     Charles  river;   1894,  189.    Dennis  ;   1895,  203.     Dukes ;   1884,  245 
1886,  234  ;  1891,  198.     Eastham  ;  1893,  77.     Edsartown  ;  1886,  234  ;  1891 
52;   1897,   181.     Franklin,  Hampden  and  Hani'pshire  ;   1890,   193;    1902 
137.     Haverhill;   1894,296.     Hingham ;   1894,189.     Ipswich;   1897,289 
(See  1902, 164.)     Marion;   1892,^88;   1893,255.     Marshfield  ;   1889,292 
1890,336.     Mashpee;   1884,264;   1892,   196.     Mattapoisett ;   1884,214 
1890,229;   1892,186.     Merrimac  river ;   1882,166;   1883,31,121;   1884 
317;   1895,  88;   1897,  110.      (See   1902,  164.)     Mystic  river;   1894,  189 
Nantucket;   1891,   128.     Neponset  river;   1894,  189.     Norwell  and  Pem 
broke;   1889,292;   1890,  336.     Plum  island   bay;    1887,   105;   1890,  30; 
1900,  159.      (See  1902,  164.)     Plymouth;  1884,   199;   1886,  163;   1889, 
292;   1890,  336.     Podonk  pond;  1900,   234.     Quinsigamond  lake;   1896, 
259;  1901,   158.    "Randolph;  1889,   78.     Rowley;   1897,  289.      Scituate ; 
1889,  292;    1890,  336.      Webster;    1896,   110.     Weir   river;  1894,  189. 
Wellfleet  bay;  1891,  135.     Westport ;  1887,  193  ;  1&91,  137.     Weymouth 
river;   1894,  189. 

Sect.  7  revised.     St.  1902,  164. 

Sect.  63  amended.     St.  1902,  137. 

Sect.  64  amended.  Section  not  to  apply  to  county  of  Berkshire.  St. 
1902,  544  §  11. 

Chapter  92.  — Of  the  Preservation  of  Certain  Birds  and  Animals. 

Act  to  prevent  holding  in  captivity  insectivorous  aud  song  birds.  St. 
1902,  127. 

Sect.  3  amended.  Quail  protected  in  Nantucket.  St.  1902,  85.  And 
in  Bristol,  St.  1902,  165.     (See  1893,  49;  1894,  102.) 

Sect.  18  revised.     St.  1902,  154. 

Sect.  22  revised.     St.  1902,  236. 

Chapter  96.  —  Of  the  Board  of  Harbor  and  Land  Commissioners. 

An  act  relative  to  Boston  bridges.     St.  1902,  224. 


622  Changes  in  the  [Chaps.  98-106. 


Chapter  98.  —  Of  the  Observance  of  the  Lord's  Day. 

Sect.  3.  Sale  of  ice-cream,  soda-water  and  coafectionery  permitted  in 
certain  cases.     St.  1902,  414. 

Chapter  99.  —  Of  Gaming. 

Club  charter  may  be  revoked  iu  case  of  seizure  of  gaming  implements 
on  premises.     St.  1902,  254. 

Chapter  100.  —  Of  Intoxicating  Liquors. 

Sect.  10  et  seq.  Provisions  for  local  district  option  in  Boston.  St. 
1902,  485. 

Sect.  20  revised.     St.  1902,  171. 

Sect.  22.     See  St.  1902,  327. 

Sect.  67.  Office  of  inspector  and  assayer  abolished  and  powers  and 
duties  ti-ausferred  to  state  board  of  health.     St.  1902,  110. 

Sect.  88.  See  St.  1902,  485  §  4.  Club  charter  may  be  revoked  in 
certain  cases.     St.  1902,  524. 

Chapter  101.  —  Of  Common  Nuisances. 

Nuisances  on  unoccupied  land  and   private  passageways  in  Boston.     St. 

1893,  342;   1897,185. 

Chapter  102.  — Of  Licenses  and  Municipal  Regulations  of  Police. 

In  Boston  public  lodging  houses  must  be  licensed.  St.  1894,  414.  And 
gas  fitters,  1897,  265.     And  junk  collectors,  1900,  416.      (See  1902,  187.) 

Licenses  to  minors  to  sell  goods,  etc.,  and  to  black  boots  iu  Boston. 
St.  1902,  531. 

Sects.  29,  30,  32  amended.  "  Juuk  collectors"  added.  St.  1902,  187 
§§  1,  2,3. 

Sect.  57  et  seq.     As  to  licenses  in  Lowell,  see  St.  1902,  151,  187  §  5. 

Sect.  150  et  seq.  Provision  for  better  protection  of  sheep  from  dogs. 
St.  1902,  226. 

Sect.  186  amended.     "Junk  collectors"  added.     St.  1902,  187  §  4. 

Chapter  104.  —  Of  the  Inspection  of  Buildings. 

Building  laws  for  Boston.     St.   1892,419;   1893,   170,  293,   297,  464; 

1894,  257,  443  ;  1895,  97,  239,  280,  314  ;  1896,  416,  520 ;  1897,  175,  219, 
265,  300,  310,  413  ;  1898,  209,  228,  308,  452 ;  1899,  161,  185,  222  ;  1900, 
271,  321,  335  §  2;   1901,  474;  1902,  400. 

Gas  fitters  in  Boston  must  be  licensed.     St.  1897,  265. 
Sects.  27,  28.     An  act  relative  to  the  operation  and  custody  of  eleva- 
tors.    St.  1902,  350. 

Chapter  106.  — Of  the  Employment  of  Labor. 

Sect.  2  amended.     St.  1902,  446. 
Sect.   19  et  seq.     See  St.  1902,  494. 


Chaps.  107-112.]  REVISED   LaWS.  623 

Sect.  24  amended.     St.  1902,  435, 

Sect.  35  amended.     St.  1902,  183. 

Sects.  47-55.  Pure  drinking  water  must  be  supplied  in  manufacturing 
establishments  during  working  hours.     St.  1902,  322. 

Sect.  62  amended.  Employee  who  leaves  is  to  be  paid  on  next  pay 
day.     St.  1902,  450. 

Chapter  107. —Of  the  Bureau  of  Statistics  of  Labor  and  the  Board 
of  Supervisors  of  Statistics. 

Sects.   10,  11  repealed.     St.  1902,  438  §  7. 

Chapter  108.  — Of  District  and  Other  Police  Oflacers. 

A  fire  marshal's  department  created  and  duties  and  powers  of  state  fire 
marshal  transferred  to  it.     St.  1902,  142. 

Board  of  police  for  Boston.  St.  1885,  323;  1889,  419;  1894,  266; 
1897,  320. 

Sect.   10  amended.     Error  corrected.     St.  1902,  544  §  12. 

Chapter  109.  —  Of  Certain  Powers,  Duties  and  Liabilities  of  Corpora- 
tions. 

Sects.  24,  25,  30,  31.  See  St.  1902,  370.  Preferred  stock  issues 
authorized.     St.  1902,  441. 

Chapter  111.  —  Of  Railroad  Corporations  and  Railroads. 

Sect.  8.  Commissioners'  powers  and  duties  enlarged.  St.  1902,  449 
§  3.  (See  1902,  440  §§  6,  7  ;  483  §  2.)  They  may  employ  experts  to 
investigate  cost  of  railway  property  in  relation  to  issue  of  stock  or  bonds. 
St.  1902,  432  §  1. 

Sect.  9.     Salaries  of  inspectors  changed.     St?  1902,  402. 

Sect.   10  amended.     St.  1902,  432  §  2. 

Sects.   63-70,  74.     See  St.   1902,  370. 

Sects.  134,  136,  137  amended.  Street  railway  companies  added.  St. 
1902,  533. 

Sect.   149  amended.     St.  1902,  370. 

Sects.   149-160.     See  St.  1902,  440  §  5,  507. 

Sects.  150,  151.  Cost  of  service,  publication,  entry  of  petition,  costs 
of  hearing,  and  of  plans,  may  be  taxed  and  apportioned.     St.  1902,  298. 

Sects.  151,  152,  155  amended.     St.  1902,  440  §§  2,  3,  4. 

Sect.  158.     See  St.  1902,  507. 

Sect.  159  revised.     St.  1902,  440  §  6. 

Sects.  170-176.  As  to  bridges  in  Boston.  See  St.  1889,  246;  1890, 
118;   1893,  357;   1902,  224. 

Sect.  237  amended.     Error  corrected.     St.  1902,  544  §  13. 

Chapter  112.  — Of  Street  Railway  Corporations. 

Provision  for  elevated  railway  and  subways  in  Boston.  St.  1894,  548, 
550;  1895,  440;  1896,  492;  1897,  500;  1902,  114,  534.  (See  1887,  413 
§  4;   1890,  368,  454  §  12.) 


624  ChAN'GES    in    the  [Chaps.  113-]21. 

Sects.  7-11.  Locations,  extensions  and  alterations  must  be  approved 
by  board  of  railroad  commissioners  and  the  thirty  days  for  acceptance  by 
the  company  run  from  date  of  issue  of  notice  by  the  commissioners.  St. 
1902,  309.  Grants  of  location  void  if  company  fails  to  organize.  St. 
1902,  396.  If  location  is  revoked  or  void  sects.  7  and  11  apply  to  new 
petitions.     St.  1902,  395. 

Sects.  20,  21,  23  repealed  and  new  provisions  made  as  to  issue  of  stock 
and  bonds.     St.  1902,  370.      (See  1902,  440  §  7,  441,  449  §  5.) 

Sects.  30-32.     As  to  locations  and  alterations.     See  St.  1902,  399. 

Sect.  44.  Street  railway  companies  required  to  pay  part  of  cost  of 
building  and  repairing  bridges  on  highways  over  which  they  have  a  loca- 
tion.    St.  1902,  533. 

Sect.  55  amended.     St.  1902,  288. 

Sect.  62  et  seq.     See  St.  1902,  440. 

Sect.  76  amended.     Last  sentence  stricken  out.     St.  1902,  370  §  2. 

Chapter  113.  —  Of  Savings  Banks  and  Institutions  for  Savings. 

Sect.  2  amended.     Additional  clerk  authorized.     St.  1902,  490. 

Sect.  3  et  seq.  Powers  of  commissioners  extended.  St.  1902,  355  §  2, 
463,  483  §§  1,  3. 

Sects.  14,  15.  After  July  1,  1904,  no  president,  vice-president  or  treas- 
urer shall  hold  similar  office  in  a  bank  or  trust  company.     St.  1902,  169  §  4. 

Sect.  16  amended.  Names  of  corporators  to  be  published.  St.  1902, 
169  §  1. 

Sect.  21  e^  seq.  Offices  not  to  be  same  or  connected  with  offices  of  a 
bank  or  trust  company,  after  July  1,  1904.     St.  1902,  169  §  3. 

Sect.  26.     Additional  securities.     St.  1902,  483  §  1. 

Sect.  47.     Names  of  corporators  to  be  reported.     St.  1902,  169  §  2. 

Chaptei*  115.  — Of  Banks  and  Banking. 

After  July  1,  1904,  officers  and  offices  must  not  be  same  as  or  connected 
with  those  of  a  savings  bank.     St.  1902,  169  §  3. 

Chapter  116.  —  Of  Trust  Companies. 

Officers  and  offices  not  to  be  same  as  or  connected  with  those  of  a  sav- 
ings bank  after  July  1,  1904.  St.  1902,  169  §  3.  An  act  relative  to 
maintenance  of  branch  offices.     St.  1902,  355. 

Chapter  118  —  Of  Insurance. 

Sect.   15  amended.     St.  1902,  106. 

Sect.  29.  Companies  may  do  business  under  clauses  3  and  11.  St. 
1902,  340  §§  1,  3. 

Sect.  77.     See  St.  1902,  340  §  2. 

Chapter  121.  —  Of  Gas  and  Electric  Light  Companies. 

Sects.  1-4.  Powers  and  duties  of  inspector  of  gas  meters  transferred 
to  board  of  gas  and  electric  light  commissioners.     St.  1902,  228. 


Ohaps.  125-145.]  Revised  Laws.  625 

Chapter  125.  — Of  Corporations  for  Charitable  and  Other  Purposes. 

Sect.   2.     Charter  may  be  revoked  in  certain  cases.     St.  1902,  524. 

Chapter  127.  —  Of  the  Alienation  of  Land. 

Sects.  1-6.  Signature  of  married  woman  under  twenty-one  to  convey- 
ance of  husband's  laud  has  same  validity  as  if  she  were  over  that  age.  St. 
1902,  478. 

Sect.  8  amended.     "  Special  commissioners"  added.     St.  1902,  289. 

-Chapter   128.  — Of  the   Registration   and   Confirmation   of  Titles   to 

Land. 

Sect.  13,  relative  to  appeals,  amended.     St.  1902,  458. 

Chapter  129.  — Of  Estates  for  Years  and  at  Will. 

As  to  payment  of  collateral  legacy  tax  on  estates  where  there  is  an  in- 
tervening estate  for  life  or  a  term  of  years,  see  St.  1902,  473. 

Chapter  132.  — Of  the  Rights  of  a  Husband  in  the  Real  Property  of 

His  Deceased  Wife  and  the  Rights  of  a  Wife  in  that  of  Her 

Deceased  Husband. 

Sect.  1.     St.  1894,  170  is  declared  to  be  in  full  force  in  respect  of  claims 

to  which  surviving  husband  or  wife  was  entitled  on  or  before  December  31, 

1901,  under  Public  Statutes,  ch.  124  §§  1,  3.     St.  1902,  482. 

Sects.  4,  5.  Signature  of  married  woman  under  twenty-one  is  valid. 
St.  1902,  478. 

Chapter  134.  —  General  Provisions  relative  to  Real  Property. 

As  to  payment  of  collateral  legacy  tax  on  estates  where  there  is  an  inter- 
vening estate  for  life  or  years,  see  St.  1902,  473. 

Chapter  135.  —  Of  Wills. 
Sect.   12  amended.     St.  1902,  160. 

Chapter  144.  — Of  the  Settlement  of  Estates  of  Absentees. 

Sect.  1  amended.  St.  1902,  544  §  14. 

Sect.  3  amended.  "Non-resident"  added.     St.  1902,  544  §  15. 

Sect.  4  amended.  St.  1902,  544  §  16. 

Sect.  5  amended.  St.  1902,  544  §  17. 

Sect.  7  amended.  St.  1902,  544  §  18. 

Sect.  8  amended.  St.  1902,  544  §  19. 

Sect.  12  amended.     St.  1902,  544  §  20. 

Chapter  145.  — Of  Guardianship. 

Sect.  4  amended.  Parents  or  surviving  parent  to  have  custody  of  minor, 
if  competent.     St.  1902,  474.     (See  1902,  324.) 


626  Changes  in  the  [Chaps.  hs-igo. 


Chapter  148.  — Provisions  relative  to  Sales,  Mortgages,  etc.,  by  Ex- 
ecutors, etc. 

Skct.  15.  Certain  proceedings  of  probate  courts  are  confirmed.  St. 
1902,  538. 

Chapter  151. —  Of  Marriage. 

Sect.  11.  Court  iiaving  jurisdiction  may  issue  writ  of  habeas  corpus  in 
cases  of  children  whose  care  or  custody  is  in  question.  St.  1902,  324. 
(See  1902,  474.) 

Sect.   14  revised.     St.  1902,  310. 

Sect.  40.  Advertising  to  perform  or  procure  performance  of  marriage 
ceremony  is  made  punishable.     St.  1902,  249. 

Chapter  152.  —  Of  Divorce. 

Sect.  13  amended.     St.  1902,  544  §  21. 

Sect.  25.  Court  having  jurisdiction  may  bring  before  it  on  habeas  cor- 
pus  any  child  whose  cai-e  or  custody  is  in  question.  St.  1902,  324.  (See 
1902,  474.) 

Chapter  153.  —  Of  certain  Rights  and  Liabilities  of  Husband  and 

Wife. 

Sects.  15,  16.     See  St.  1902,  478. 
Sect.  33.     See  St.  1902,  324. 

Chapter  154.  —  Of  the  Adoption  of  Children  and  Change  of  Names. 

Sect.  2  amended.  Requirement  that  fact  of  illegitimacy  shall  not  appear 
in  the  record,  stricken  out.     St.  1902,  544  §  22. 

Chapter  157.  —  Of  the  Superior  Court. 

Sect.  1.  Number  of  associate  justices  increased  to  twenty.  St.  1902, 
383. 

Sect.  3.  Provision  for  determining  question  in  dispute  as  to  care  or 
custody  of  child,  by  proceeding  on  a  writ  of  habeas  corpus.     St.  1902,  324. 

Sect.  24.  Sessions  changed.  Barnstable,  St.  1902,  456  §  2.  Suffolk, 
1902,  456  §  1. 

Chapter  159.  — Of  the  Equity  Jurisdiction  and  Procedure  of  the  Su- 
preme Judicial  Court  and  the  Superior  Court. 

Sect.  3.     CI.  7  amended.     Elrror  corrected.     St.  1902,  544  §  23. 

Chapter  160.  —  Of  Police,  District  and  Municipal  Courts. 

Sect.  2.  New  court  established,  western  Worcester.  St.  1902,  416  §§ 
1,  2.  Northborough  transferred  from  second  to  first  eastern  Worcester 
district.  St.  1902,  161.  Rowley  annexed  to  district  of  police  court  of 
Newburyport.  St.  1902,  455.  Rutland  annexed  to  central  district  of 
Worcester.     St.  1902,  186. 


Chaps.  161-192]  REVISED    LaWS.  627 

Sect.  39.  Sessions,  district  court  of  western  Worcester.  St.  1902, 
416  §  4. 

Sect.  64.  Officers  attending  ci'iminal  sessions  to  wear  uniforms,  St. 
1902,  368. 

Sect.  67.  Changes  in  salaries.  Justice,  first  district  court  of  Barn- 
stable. St.  1902,  320.  Clerk,  municipal  court  of  Brookline,  1902,  299. 
Clerk,  police  court  of  Holyoke,  1902,  356.  Justice  and  clerk,  second  dis- 
trict of  Plymouth,  1902,  360.  Justice  and  clerk,  second  eastern  district 
of  Worcester,  1902,  378.  Salary  established,  justice  and  clerk,  western 
district  of  Worcester.     St.  1902,  416  §  3. 

Sect.  68.  Compensation  established  of  special  justices  of  district  court 
of  Dukes  County.     St.  1902,  309. 

Chapter  161.  —  Of  Justices  of  the  Peace  and  Trial  Justices. 

Sect.  14  amended.     Error  corrected.     St.  1902,  .544  §  24. 

Chapter  162.  — Of  Probate  Courts. 

Sect.  3.  Administration  of  French  spoliation  claim  moneys.  St.  1902, 
371. 

Sect.  4.  Court  may  proceed  by  habeas  corpus  to  determine  question  of 
care  and  custody  of  children  in  certain  cases.     St.  1902,  324. 

Sect.  5.  Certain  proceedings  of  the  probate  courts  confirmed.  St. 
1902,  538. 

Chapter  163.  — Of  Courts  of  Insolvency. 

Sect.  2  amended,     terror  corrected.     St.  1902,  544  §  25. 

Chapter  164.  —  Of  Judges  and  Registers  of  Probate  and  Insolvency. 

Sect.  29.     Amount  increased  for  Bristol.     St.  1902,  412. 

Chapter  165.  — Of  Clerks,  Attorneys  and  Other  Oflaeers  of  Judicial 

Courts. 

Sect.  34.     Salaries  changed :  clerk,  Plymouth,  St.  1902,  462. 

Sect.  35.  Salaries  changed :  third  assistant,  Middlesex.  St.  1902, 
358.  Second,  Suffolk,  superior,  1902,  513.  Suffolk,  superior,  assistant 
acting  in  cases  from  other  counties,  1902,  499. 

Chapter  184.  —  Of  the  Partition  of  Land. 

Sect.  33  amended.     Errors  corrected.     St.  1902,  544  §  26. 

Chapter  191.  —  Of  Habeas  Corpus. 

Provision  for  issue  of  writ  of  habeas  corpus  in  cases  of  divorce,  nullit}'  of 
marriage,  separate  suppoi't  or  maintenance,  or  any  proceeding,  in  which 
the  care  and  custody  of  children  is  in  question.     St.  1902,  324. 

Chapter  192.  — Of  Audita  Querela,   Certiorari,    Mandamus  and  Quo 

Warranto. 

Sect.  4  amended.     St.  1902,  544  §  27. 


628  Changes  in  the  [Chaps.  202-223. 


Chapter  202.  —  Of  the  Limitation  of  Actions. 

Sect.  4.  Actions  of  tort  for  personal  iniuries  aguinst  counties,  cities 
and  towns  added.     St.  1902,  406. 

Chapter  203.  — Of  Costs  in  Civil  Actions. 

Certain  items  of  cost  added  in  cases  of  petitions  for  abolition  of  grade 
crossings  under  R.  L.  ch.  111.     St.  1902,  298. 

Chapter  204.  —  Of  the  Fees  of  Certain  Oflacers. 

Sect.  6  amended.  City  of  Boston,  as  a  party  in  civil  actions,  to  pay  no 
fees  or  expenses  of  suits  to  clerks  of  courts  in  Suffolk.     St.  1902,  253. 

Chapter  207.  —  Of  Crimes  against  the  Person. 

An  act  to  regulate  speed  and  operation  of  automobiles  and  motor  vehicles 
on  highways.   \St.  1902,  315. 

Chapter  208.  —  Of  Crimes  against  Property. 

Sect.  26.  Misrepresentations  as  to  articles  for  sale  made  punishable. 
St.  1902,  397. 

Sect.  40  repealed.     St.  1902,  544  §  28. 

Sect.  GO.  Unauthorized  wearing  of  insignia  of  a  labor  union  is  punish- 
able.    St.  1902,  430. 

Sect.  61  amended.     Error  corrected.     St.  1902,  544  §  29. 

Sect.  100  amended,   "or  wantonly"  added.     St.  1902,  544  §  30. 

Sects.  101,  102  amended.  "  Wantonly  "  substituted  for  "  wilfully  and 
maliciously."     St.  1902,  544  §§  31,  32. 

Sect.  l56  amended.     St.  1902,  544  §  33.  • 

Chapter  212.  — Of  Crimes  against  Chastity,  Morality,  Decency  and 

Good  Order. 

Advertising  to  perform  or  procure  performance  of  marriage  ceremony  is 
punishable.     St.  1902,  249. 

Chapter  217.  —  Of  Search  Warrants. 

Sect.  85  et  seq.  Probation  officers  of  superior  court  shall  report  to 
board  of  prison  commissioners  if  required.     St.  1902,  196. 

Chapter  220.  —  Of  Judgment  and  Execution. 

Sect.  4  amended.  Unless  otherwise  provided,  a  person  convicted  of  a 
misdemeanor,  punishable  by  imprisonment,  may  be  sentenced  to  jail  or 
house  of  correction.     St.  1902,  544  §  34. 

Chapter  223.  — Of  the  State  Prison,  the  Massachusetts  Beformatory 
and  the  Reformatory  Prison  for  Women. 

Sect.    19.     Salary  changed  :    physician  and  surgeon.     St.  1902,  454. 


Chaps.  224,  225.]  REVISED    LaWS.  629 


Chapter  224. —Of  Jails  and  Houses  of  Correction. 

Sect.   11.     See  St.  1895,  449  §  14;   1896,  521,  5;3(; ;   1897,  395. 

Chapter  225.  —  Of  the  Oflacers  and  Inmates  of  Penal  and  Reforma- 
tory Institutions,  and  of  Pardons. 
Sect.   121  amended.     St.  1902,  227.      (See  1902,  196.) 


II. 

CHAJN^GES  I^"  THE   GENERAL  LAWS 

PASSED    SINCE   THE   ENACTMENT   OF   THE    "REVISED 

LAWS." 


Statutes  of  1903. 

Chap. 

114  See  1902,  534.     R.  L.  112. 

190  §  2,  superseded,  1902,  544  §§  10,  35.     R.  L.  75. 

206  See  1902,  213.     R.  L.  75. 

225  Superseded,  1902,  492.  R.  L.  11. 

250  See  1902,  292.  R.  L.  79. 

324  See  1902,  474.  R.  L.  145,  151,  152. 

348  §  1  superseded,  1902,  512.  R.  L.  11. 

370  See  1902,  441.  R.  L.  109. 

411  Repealed,  1902,  544  §§  4,  35.  R.  L.  20. 

440  §  5.  See  1902,  507.  R.  L.  111. 


Commonto^altlj  of  ^lassacbus^tls. 


Office  of  the  Secretary,  Boston,  August  29,  1902. 

I  certify  that  the  acts  and  resolves  contained  in  this  volume  are 
true  copies  of  the  originals,  and  that  the  accompanying  papers 
are  transcripts  of  official  records  and  returns. 

I  further  certify  that  the  table  of  changes  in  general  laws?  has 
been  prepared,  and  is  printed  as  an  appendix  to  this  edition  of 
the  laws,  by  direction  of  the  governor,  in  accordance  with  the 
provisions  of  section  1  of  chapter  9  of  the  Revised  Laws. 

WILLIAM   M.   OLIN, 

Secretary  of  the  Coryimoiiwealth. 


INDEX 


INDEX. 


A. 

PAGE 

Abatement,  of  poll  taxes,  law  relative  to,  amended 63 

Abolition  of  grade  crossings,  costs  and  expenses  in  proceedings  for        ,         .  221 

law  relative  to,  amended 348 

relative  to  the  loans  for 421 

in  the  city  of  Worcester,  relative  to 421 

Absentees,  estates  of,  law  relative  to  settlement  of,  amended  .        .        .        478-481 

Accident  Association,  the  Bay  State,  incorporated 315 

Acknowledgment  of  deeds,  may  be  made  before  special  commissioners    .         .  214 
Actions  of  tort,  against  counties,  cities  and  towns,  for  personal  injuries  re- 
ceived, limiting  the  time  of  commencing 322 

Adams,  town  of,  relative  to  the  custody  of  certain  old  records  of     .         .        .  233 

Adams  Trust  Company,  incorporated 330 

Address,  inaugural,  of  the  governor 548 

Adjutant  general,  appropriations  for  salaries  and  expenses  in  the  department  of  59 

clerical  assistance  in  the  office  of      .......         .  252 

preservation  of  war  records  in  the  office  of      .....         .  500 

to  prepare  and  distribute  medals  to  the  minute-men  of  1861    .        .       520,  535 
Administrator,  of  a  deceased  pharmacist,  business  of  the  pharmacist  ma_v  be 

continued  by 247 

Adoption,  of  children,  law  relative  to,  amended 482 

Adult  blind,  to  provide  for  the  instruction  of,  at  their  homes  ....  221 
Agawam,  town  of,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 383 

Agricultural  College,  appropriations  for,  etc 32,  43 

to  provide  a  heating  and  lighting  plant  at 522 

to  provide  for  the  expense  of  the  band  of,  etc 526 

may  borrow  a  certain  sum  of  money        .......  536 

the  question  of  producing  vaccine  lymph  at,  to  be  considered          .         .  639 

Agricultural  expenses,  appropriations  for 69 

Agricultural  Society,  the  Bristol  County,  payment  of  a  bounty  to    .         .        .  148 

Agriculture,  board  of,  powers  of  the  cattle  commissioners  transferred  to        .  76 

may  appoint  a  state  nursery  inspector 410 

to  publish  information  relative  to  the  brown  tail  moth    ....  506 
to  provide  for  the  better  protection  of  butter  by  the  dairj'  bureau  of      .  535 
to  report  on  the  question  of  producing  vaccine  lymph  at  the  Massachu- 
setts Agricultural  College  .........  539 


6156 


Index. 


Aid,  state  and  military,  appropriations  for  payment  of 

Alexander,  Marj^aret  A.  and  Katharine,  the  city  of  Boston  may  pay  a  sum  of 
money  to      .        . 

American  Linen  Company,  may  operate  print  works,  etc. 

American  Woolen  Company,  may  furnish  electric  light,  etc.,  to  the  town  of 
Maynard 

Amesbury,  town  of,  the  Rockingham  County  Light  and  Power  Company  may 
furnish  electricity  to  any  street  railway  company  operatin 

Amherst  College,  may  hold  additional  property  .... 

Animals,  inspection  of  certain 

inspectors  of,  appropriation  for  coinpensation  of    . 

Annuities,  to  soldiers  and  others,  appropriations  for  payment  of     . 

to  widows  and  minor  children  of  members  of  police  departments,  cer 
tain  cities  may  pay 

Appeals,  from  the  court  of  land  registration,  relative  to  . 

Apponagansett  harbor,  improvement  of 

Appropriations  : 

compensation  and  mileage  of  members  of  the  general  court,  etc 
salaries  and  expenses  in  the  executive  department  . 
salaries  and  expenses  in  the  judicial  department 
salaries  and  expenses  in  the  secretary's  department 
salaries  and  expenses  in  the  treasurer's  department 
salaries  and  expenses  in  the  auditor's  department  . 
salaries  and  expenses  in  the  attorney-general's  department 
salaries  and  expenses  in  the  adjutant  general's  department 
salaries  and  expenses  in  the  office  of  the  civil  service  commis 
salaries  and  expenses  in  the  office  of  the  controller  of  county  accounts 
salaries  and  expenses  in  the  office  of  the  insurance  commissioner 
salaries  and  expenses  in  the  office  of  the  commissioner  of  public  records 
salaries  and  expenses  in  the  office  of  the  commissioners  of  prisons,  etc 
salaries  and  expenses  in  tbe  office  of  the  tax  commissioner  . 
salaries  and  expenses  in  the  office  of  the  state  board  of  insanity 
salaries  and  expenses  in  the  office  of  the  state  fire  marshal 

salaries  and  expenses  in  the  state  library 

salaries  and  expenses  in  the  office  of  the  state  board  of  health 

salaries  and  expenses  in  the  office  of  the  state  pension  agent . 

salaries  and  expenses  in  the  bureau  of  statistics  of  labor 

salaries  and  expenses  of  the  court  of  land  registration   . 

salaries  and  expenses  of  the  state  board  of  conciliation  and  arbitration 


PAGE 

32 


salaries  and  expenses  of  the  district  police       .... 
salaries  and  expenses  of  the  gas  and  electric  light  commissioners 
salaries  and  expenses  of  the  harbor  and  land  commissioners    . 
salaries  and  expenses  of  the  inspectors  of  gas  meters 
salaries  and  expenses  of  the  railroad  commissioners 
salaries  and  expenses  of  the  commissioners  of  savings  banks 
salaries  and  expenses  at  the  Lyman  school  for  boys 
salaries  and  expenses  at  the  Massachusetts  reformatory 


42, 
22. 


Index. 


637 


PAGB 

Appropriations —  Continued. 

salaries  aud  expenses  at  the  reformatory  prison  for  women    ...  77 

salaries  aud  expenses  at  the  state  hospital        ......  50 

salaries  aud  expenses  at  the  state  farm 148 

salaries  aud  expenses  at  the  state  industrial  school  for  girls  ...  48 

salaries  aud  expenses  at  the  state  prison 26 

salaries  aud  expenses  of  the  boards  of  registration  in  medicine,  phar- 
macy aud  dentistry      ..........  438 

salaries  and  expenses  of  the  commissioner  of  state  aid  and  pensions      .  216 

salaries  of  employees,  etc.,  in  the  office  of  the  sergeant-at-arms      •        .  28 

compensation  of  inspectors  of  animals 34 

compensation  and  expenses  of  the  ballot  law  commission        ...  19 

compensation  and  expenses  of  commissionei's  on  fisheries  and  game       .  95 

current  expenses  at  the  Massachusetts  hospital  for  dipsomaniacs,  etc.  .  365 

current  expenses  at  the  Medfleld  insane  asylum 25 

expenses  of  the  board  of  free  public  library  commissioners     .        .'       .  45 

expenses  of  exterminating  contagious  diseases  among  cattle,  etc.  .         .  223 
expenses  of  the  commissioners  of  the  Massachusetts  nautical  training 

school -...-...  34 

expenses  at  the  Massachusetts  hospital  for  epileptics      .         .         .        .  18,  42 
expenses  in  connection  with  enforcement  of  the  law  regulating  the 

practice  of  pharmacy 296 

certain  expenses  authorized  in  the  year  1902,  etc.    .         152,  257,  375,  443,  488 

sundry  agricultural  expenses     .........  69 

40 

108 


sundry  charitable  expenses 

sundry  educational  expenses 

sundry  miscellaneous  expenses 

for  deficiencies  in  the  year  1901 

payment  of  state  and  military  aid 

payment  of  annuities  to  soldiers,  etc. 

payment  of  tuition  of  children  in  certain  high  schools     . 

removal  of  wrecks  from  tide  waters         ...... 

premiums  on  securities  purchased  for  the  Massachusetts  School  Fund 

printing  aud  binding  public  documents,  etc 

Investigation  of  methods  of  protecting  purity  of  inland  waters 

for  care  aud  maintenance  of  boulevards,  etc 46,  50, 

for  the  experiment  station  of  the  Massachusetts  Agricultural  College 


66,  152,  257,  375,  443,  488 

47,  77,  78,  125,  127,  215 

32 

7 

11 

9 

7 

33 

20 

70,  279 

32 


for  publication  of  record  of  Massachusetts  soldiers  aud  sailors 

war  of  the  rebellion 

for  reclaiming  the  Province  Lands    ...... 

for  continuing  the  publication  of  the  Province  laws 

support  of  the  "Worcester  insane  asylum  ..... 

support  of  state  paupers  at  the  Hospital  Cottages  for  Children 
for  expenses  at  the  state  colony  for  the  insane 
for  surveys  aud  improvements  of  harbors,  etc. 

for  improving  the  channel  of  Bass  river 

for  dedicating  the  monument  ou  Dorchester  Heights 


in  the 


27 

425 

46 

10 

43 

43 

72 

124 

133 


038 


Index. 


Appropriations  —  Concluded. 

expenses  of  the  board  of  cattle  commissioners 

for  the  fire  marshal's  department  of  the  district  police    . 

for  operating  the  steamer  Lexington         .... 

for  payment  of  claims  arising  from  the  death  of  firemen 

Danvers  insane  hospital 

Massachusetts  Agricultural  College 

Massachusetts  Highway  Commission        .... 

Massachusetts  Institute  of  Technology     .... 

Massachusetts  School  for  the  Feeble-minded    . 

Massachusetts  School  Fund       ...... 

Massachusetts  State  Firemen's  Association 

Massachusetts  State  Sanatorium       ..... 

North  Metropolitan  System  of  Sewerage  .... 

Northampton  insane  hospital 

Perkins  Institution  and  Massachusetts  School  for  the  Blind 

Prisons  and  Hospitals  Loan  Sinking  Fund 

South  Metropolitan  System  of  Sewage  Disposal 

State  Highway  Loan  Sinking  Fund 

State  Hou.se  Loans  Sinking  Fund 

Taunton  insane  hospital    . 

Westborough  insane  hospital    . 

Worcester  insane  hospital 

Worcester  Polytechnic  Institute 
Arlington,  town  of,  the  Symmes  Arlington  Hospital  in,  incorporated 
Army  nurses,  provisions  of  law  relative  to  soldiers'  relief,  etc.,  extended 

eligible  to  receive  state  aid        ..... 

Ashfleld,  town  of,  water  supply  for 

Assessments,  for  public  works,  law  relative  to,  amended  . 

upon  cities  and  towns  in  the  metropolitan  parks  district,  relative  to  the 
payment  of  . 
Assessors,  repeal  of  law  requiring  the  amount  of  certain  classes  of  per 

property  to  be  specified  by 
Assistant  clerk,  superior  court,  fixing  compensation  of,  for  the  hearing  of 

cases  outside  the  county  of  Suttolk     .... 
Assistant  district  attorney,  eastern  district,  salary  established  . 
Assistant  district  attorneys,  Sufiblk  district,  salaries  established 
Associate  justices,  superior  court,  to  provide  for  increasing  the  number  of 
Associations  : 

Barre  Library,  may  hold  additional  estate 

Bay  State  Accident,  incorporated 

Boston  and  Maine  Railroad  Relief,  exempt  from  provisions  of  law  rela 
tive  to  fraternal  beneficiary  corporations  . 

Cape  Cod  Pilgrim  Memorial,  in  favor  of  . 

City  Library,  of  Springfield,  may  hold  additional  estate 

Francis  Wyman,  incorporated  ..... 

Lawrence  Bar,  the  county  of  Essex  may  annually  pay  a  sum  of  money  to 


224, 


to 


sonal 


Index.  639 

page: 

Associations  —  Concludpd. 

Massachusetts  State  Firemen's,  to  increase  the  annual  payment  to          .  72 

appropriation  for 148 

Millville  Cemetei-y,  incorporated 157 

St.  Mary's  Cemetery  Trust  Fund,  incorporated 427 

Worcester  Masonic  Charity  and  Educational,  may  convey  certain  land  .  336 

Assurance  Company,  the  New  England  Railway,  incorporated  ....  300 

Asylums,  state,  autopsies  in,  law  relative  to,  amended 330 

Attleboro  Trust  Company,  incorporated 19(5 

Attleborough,  town  of,  the  Attleboro  Trust  Company  incorporated  in     .        .  196 
Attorney-general,  appropriations  for  salaries  and  expenses  in  the  department 

of ...  45 

to  be  of  the  commission  to  revise  the  laws  relating  to  trust  companies  .  532 
Auburn,  town  of,  the  Worcester  and  Southbridge  Street  Railway  Company 

may  act  as  a  common  carrier  in 183 

Auditor,  state,  appropriations  for  salaries  and  expenses  in  the  department  of  .  16 

may  employ  additional  clerical  assistance 126 

Auditors,  state,  to  provide  for  collecting  portraits  of 496 

Austin  street,  in  the  Charlestown  district  of  the  city  of  Boston,  alteration  of 

grade  crossing  on 237 

Automobiles,  to  regulate  the  speed  and  operation  of          .....  235 

Autopsies,  in  insane  hospitals  and  asylums,  law  relative  to,  amended        .        .  330 


B. 

Babcock,  Annie  M.,  in  favor  of  .........        .  499- 

Bakeries,  regulation  of 320 

Baking  powders,  labelling  of 469' 

Ball,  John  N.,  in  favor  of  the  widow  of 531 

Ballot  law  commission,  appropriations  for  compensation  of  .  .  .  .  19 
Banking  associations,  etc.,  foreign,  the  commissioners  of  savings  banks  may 

examine  the  alTairs  of 372 

Barnstable,  town  of,  to  improve  the  channel  between  Vineyard  Sound  and 

Osterville  bay  in          ..........  407 

Barnstable  bay,  relative  to  improving  the  channel  from  Scorton  harbor  to       .  543 

Barnstable  county,  sittings  of  the  superior  court  for         .....  369 

tax  granted  for 519 

Barnstable  County  Street  Railway  Company,  to  revive  and  extend  the  charter 

of 297 

Barre  Library  Association,  may  hold  additional  estate 49 

Barre  Street  Railway  Company,  to  extend  the  time  for  the  construction,  etc., 

of  the  railway  of         .........         .  194 

Bass  river,  appropriation  to  improve  the  channel  at  the  entrance  of         .        .  124 

Bay  State  Accident  Association,  incorporated 315 

Beacon  street,  in  Boston,  height  of  buildings  on 471 

Bean,  Albro  G. ,  in  favor  of  the  widow  of 536 


640  Indp::x. 

FAGB 

Belford,  Kate  A.,  the  city  of  Boston  may  pay  a  sum  of  money  to      .        .        .  222 
Beneficiary  corporations,  fraternal,  the  Boston  and  Maine  Railroad  Relief  As- 
sociation exempt  from  provisions  of  law  relative  to  .        .         .        .  157 
Benevolent  Fraternity  of  Churches,  in  Boston,  the  Proprietors  of  the  Church 

in  Brattle  Square  may  transfer  certain  property  to    ....  331 

Bent,  George  0.,  in  favor  of 506 

Berkeley  Street  Congregational  Society,  may  convey  its  property  to  the  Con- 
gregational Church  Union  of  Boston  and  Vicinity    ....  323 
Berkshire  county,  may  pay  a  sum  of  money  to  the  widow  of  James  Bird         .  8-t 

may  pay  a  sum  of  money  to  Mary  A.  Fuller 85 

to  establish  the  open  season  for  trout,  etc.,  in         ....         96,  477 

tax  granted  for 501 

Berkshire  Street  Railway  Company,  may  act  as  a  common  carrier    .        .        .  184 
Berkshire  and  Canaan  Street  Railway  Company,  to  extend  the  time  for  the 

construction  of  the  railway  of 139 

Beverly,  city  of,  may  borrow  money  for  school  purposes 332 

Bill,  Ledyard,  executor,  in  favor  of 494 

Bird,  James,  the  county  of  Berkshire  may  pay  a  sum  of  money  to  the  widow  of  84 

Birds,  to  prohibit  the  holding  of  certain 86 

Births,  marriages  and  deaths,  preservation  of  certain  town  records  of    .        .  379 

Blackstone,  town  of,  the  Millville  Cemetery  Association  incorporated  in         .  158 
Blandford,  town  of,  the  New  York  and  Berkshire  Street  Railway  Company 

may  construct  its  railway  through 383 

Blind,  adult,  to  provide  for  the  instruction  of,  at  their  homes  ....  221 

Board,  of  agriculture,  powers  of  the  cattle  commissioners  transferred  to         .  76 

may  appoint  a  state  nursery  inspector 410 

to  publish  information  relative  to  the  brown  tail  moth         .        .         .  506 
to  provide  for  the  better  protection  of  butter  by  the  dairy  bureau  of  535 
to  report  on  the  question  of  producing  vaccine  lymph  at  the  Massa- 
chusetts Agricultural  College 639 

of  cattle  commissioners,  appropriation  for  expenses  of          ...  155 

abolished 76 

of  charity,  to  consider  the  question  of  establishing  new  state  sanatoriums  541 

of  conciliation,  etc.,  appropriations  for  salaries  and  expenses  of    .         .  29 

powers  and  duties  of 359 

of  education,  to  receive  in  the  state  normal  schools  pupils  from  other 

states  and  countries 521 

to  publish  a  manual  of  the  school  laws 528 

of  commissioners  on  fisheries  and  game,  appropriations  for  compensa- 
tion and  expenses  of 95 

may  issue  permits  for  taking  sand  eels  In  certain  rivers,  etc.       .        .  117 

authorized  to  make  certain  investigations 127 

duties  of  the  inspector  general  of  fish  transferred  to   .        .         .        .  96 
may  lease  Farm  pond  for  the  cultivation  of  food  fish  ....  202 
of  free  public  library  commissioners,  appropriations  for  expenses  of     .  45 
of  gas  and  electric  light  commissioners,  powers  and  duties  of  the  in- 
spector of  gas  meters  transferred  to 165 


Index.  641 

PAGE 

Board,  of  gas  and  electric  light  commissioners,  appropriations  for  salaries 

and  expenses  of 22,  273 

of  harbor  and  laud  commissioners,  to  dredge  a  part   of  the  shore  of 

South  Boston 334 

to  improve  the  channel  between  Vineyard  Souud  and  Osterville  bay  .  407 

to  improve  the  harbor  at  Apponagansett 423 

to  have  charge  of  the  expenditure  of  an  appropriation  for  reclaiming 

the  Province  Lands 425 

to  dispose  of  equipment  used  in  the  improvement  of  Connecticut  river  518 
to  make  a  survey  and  estimate   as  to  the  improvement  of  Cataumet 

harbor 523 

to  provide  for  printing  the  report  of,  relative  to  the  proposed  canal 

from  Taunton  river  to  Weymouth  Fore  river 527 

to  make  a  survey,  etc.,  of  Mouut  Tom,  etc.,  as  state  reservations       .  540 
to  estimate  the  cost  of  improving  the  channel  from  Scorton  harbor  to 

Barnstable  bay 543 

appropriations  for  salaries  and  expenses  of 31 

of  health,  appropriations  for  salaries  and  expenses  in  the  office  of.        .  66 

powers  and  duties  of  the  inspector  and  assayer  of  liquors  transferred  to  73 

to  publish  certain  information 170,  195 

to  prohibit  the  discharge  of  sewage  into  Neponset  river      .        .        .  470 

to  Investigate  the  subject  of  the  production  of  vaccine  lymph,  etc.      .  534 

of  insanity,  appropriations  for  salaries  and  expenses  in  the  office  of       .  35 
metropolitan  water  and  sewerage,  to  fix  the  time  when  property  shall 

be  taken  by  .....•.•••••  68 

may  furnish  water  to  sections  of  certain  cities  and  towns   .        .         .  137 
to  provide  for  the  measurement  of  water  supplied  to  cities  and  towns 

by 301 

protection  of  the  purity  of  water  by 458 

to  investigate  the  matter  of  the  improvement  of  Spot  Pond  brook      .  536 
of  prison  commissioners,  appropriations  for  salaries  and  expenses  in  the 

office  of,  etc 26 

certain  probation  officers  to  make  return  to 143 

increasing  the  edition  of  the  report  of 194 

to  examine  into  the  water  supply  of  the  Massachusetts  reformatory   .  538 

of  publication,  established 346 

of  railroad  commissioners,  appropriations  for  salaries  and  expenses  of  .  6 

to  approve  of  locations  to  street  railway  companies     ....  318 

may  employ  experts 338 

to  investigate  the  question  of  the  use  of  the  power  brake  on  street 

railway  cars 499 

to  consider  the  advisability  of  requiring  street  railway  cars  to  be  fur- 
nished with  certain  equipment 522 

to  investigate  the  merits  of  fenders  used  upon  street  railway  cars      .  524 
to  investigate  matters  relating  to  the  transportation  of  passengers  in 

and  about  the  city  of  Boston 528 

of  registration  in  dentistry,  to  establish  the  salaries  of  the  members  of  419 


642  Ikdbx. 


Board,  of  registration  in  dentistry,  appropriations  for  tlie  salaries  of  mem- 
bers of 438 

of  registration  in  medicine,  to  establish  the  salaries  of  the  members  of  419 

appropriations  for  the  salaries  of  members  of 438 

of  registration  in  pharmacy,  to  establish  the  salaries  of  the  members  of  419 

appropriations  for  the  salaries  of  members  of 438 

of  commissioners  of  savings  banlis,  may  authorize  any  trust  company  to 

maintain  a  branch  office  for  certain  purposes 275 

may  examine  the  alTairs  of  foreign  banking  associations,  etc.      .         .  372 
duties  of ,  relative  to  the  investment  of  savings  banks,  etc.,  in  the 

bonds  of  street  railw^ay  companies 389 

may  employ  an  additional  clerk 407 

chairman  of,  to  be  of  the  commission  to  revise  the  laws  relating  to 

trust  companies 532 

of  state  aid  commissioners,  abolished,  and  a  commissioner  and  deputy 

commissioner  of  state  aid  and  pensions  to  be  appointed  .        .         .  139 

Boards  of  health,  in  cities  and  towns,  duties  of,  relative  to  vaccination          .  138 

Boiler  inspection,  maintenance,  etc.,  of  certain  apparatus  used  in     .        .         .  525 

Bonds,  stock  and,  issue  of,  by  street  railway  companies 285 

Bootblacks,  etc.,  to  provide  for  the  licensing  of  certain,  by  the  school  com- 
mittee of  the  city  of  Boston 442 

Boston,  city  of,  the  Provident  Institution  for  Savings  in,  may  hold  additional 

estate 51 

publication  of  names  and  residences  of  persons  assessed  in,  etc.     .        .  62 

the  Suffolk  Savings  Bank  in,  may  hold  additional  estate          ...  64 

to  confirm  a  certain  agreement  of,  with  the  Boston  Terminal  Company  .  98 

relative  to  the  rebuilding  of  Broadway  bridge  in 99 

the  Jamaica  Savings  Bank  in,  incorporated 104 

the  Boston  Five  Cents  Savings  Bank  in,  may  hold  additional  estate        .  105 

widening  of  Hyde  Park  avenue  in 105 

appointment  of  election  officers  in 113 

supplementary  assessments  for  poll  taxes  in,  investigation  and  report  of  155 
the  Public  School  Teachers'  Retirement  Fund  may  be  invested  in  bonds 

of 172 

172 
174 
175 


may  pay  a  sum  of  money  to  Josephine  E.  O.  Lang  .... 

may  pay  a  sum  of  money  to  Mary  McGee 

may  pay  a  sum  of  money  to  Elizabeth  M.  O'Flaherty 

relieved  from  the  payment  of  certain  fees  in  the  courts  of  Suffolk 

county 

may  pay  a  sum  of  money  to  Bartholomew  J.  Murphy 
may  pay  a  sum  of  money  to  Margaret  A.  and  Katharine  Alexander 
may  pay  a  sum  of  money  to  the  widow  of  James  J.  Dunlea    . 
may  pay  a  sum  of  money  to  the  widow  of  John  A.  Kidney 

may  pay  a  sum  of  money  to  Caroline  Pike 

widening  of  Franklin  street  in  the  Brighton  district  of  . 

may  pay  a  sum  of  money  to  Honora  Leary        ..... 

may  pay  a  sum  of  money  to  Louise  II.  Drew 


183 

187 
187 
187 
188 
198 
200 
218 
222 


Index.  643 

PAGB 

Boston,  city  of,  may  pay  a  sum  of  money  to  Kate  A.  Belford    ....  222 

may  pension  Andrew  C  Scott 224 

alteration  of  grade  crossing  of  Austin  street  in  tiie  Charlestown  dis- 
trict of,  relative  to  damages  in 237 

municipal  court  of,  certain  officers  of,  to  wear  uniforms         .         .        .  284- 
relative  to  certain  streets  in  that  part  of  the  city  known  as  South  Bos- 
ton, etc 292^ 

relative  to  the  board  of  schoolhouse  commissioners  in    .        .         .         .  298 

construction  of  certain  buildings  in,  outside  the  building  limits      .        .  318 

the  Adams  Trust  Company  in,  incorporated 330 

may  pay  a  sum  of  money  to  Hannah  A.  Russell 335 

the  city  of  Newton  may  lay  drains  in  a  part  of 387 

to  provide  for  local  option  as  to  the  granting  of  liquor  licenses  in          .  391 

may  pay  a  sum  of  money  to  the  widow  of  Frederick  P.  Ingalls      .         .  412 

may  pay  a  sum  of  money  to  the  widow  of  Lemuel  Wood        .        ,        .  428 

may  pay  a  sum  of  money  to  the  widow  of  Augustus  P.  Martin        .        .  428 

highways,  public  alleys,  sewers  and  sidewalks  in 430 

relative  to  loans  of 436 

to  pay  for  constructing  surface  drainage  sewers 439 

assessment  of  betterments  in 439 

to  provide  for  the  licensing  of  certain  hawkers,  pedlers  and  bootblacks 

by  the  school  committee  of          ........  442 

construction  of  additional  subways  and  tunnels  in 449 

relative  to  the  height  of  buildings  on  certain  streets  in   .        .         .         .471 
to  provide  for  an  investigation  of  matters  relating  to  the  transportation 

of  passengers  on  railroads  in  and  about 528 

Boston  bridges,  relative  to  the  widening  of 162 

Boston,  Cape  Cod  and  New  York  Canal  Company,  payment  of  interest  on  the 

amount  deposited  by 525 

Boston  Elevated  Railway  Company,  provisions  affecting  ....         75,  450 

may  lease  the  railway  of  the  Old  Colony  Street  Railway  Company          .  299 

Boston  Five  Cents  Savings  Bank,  may  hold  additional  estate    ....  105 
Boston  and  Maine  Railroad,  the  act  to  provide  access  for  boats  to  Manchester 

harbor  under  the  tracks  of ,  repealed 119 

provisions  affecting 156,  422 

Boston  and  Maine  Railroad  Relief  Association,  exempt  from  provisions  of 

law  relative  to  fraternal  beneficiary  corporations      ....  157 

Boston  Society  of  Civil  Engineers,  may  hold  additional  estate  .        .         .         .  115 

Boston  Steamship  Company,  incorporated 264 

Boston  Storage  "Warehouse  Company,  may  increase  its  capital  stock       .        .  283 
Boston  Terminal  Company,  to  confirm  a  certain  agreement  of,  with  the  city 

of  Boston 98 

Boston  transit  commission,  duties  of,  relative  to  connecting  the  East  Boston 

tunnel  with  the  Cambridge  street  subway,  etc.          ....  75 

may  construct  additional  tunnels  and  subways  in  the  city  of  Boston      .  449 

term  of  office  of,  extended 457 

Boulevards,  etc.,  appropriations  for  the  care  and  maintenance  of    .        .        .  70 


644  IxDEx. 


Boundary  line,  between  the  city  of  Gloucester  and  the  town  of  Manchester,  to 

locate  and  define 295 

of  the  burial  ground  of  the  First  Congregational  Society  iu  Bridge- 
water,  may  be  changed 162 

Bowdoin  street,  iu  Boston,  height  of  buildings  on 471 

Boxford,  town  of,  the  Danvers  and  Georgetown  Street  Railway  Company  may 

operate  its  railway  in 219 

Branch  offices,  of  trust  companies,  maintenance  of 275 

Brattle  Square,  Proprietors  of  the  Church  in,  may  transfer  certain  property  .  331 
Brewster,  town  of,  to  confirm  the  proceedings  of  the  town  meeting  of    .        .  248 
Bridge,  Broadway,  recovery  for  injuries  caused  by  the  rebuilding  of       .        .  99 
across  the  Charles  river,  recovery  of  damages  by  owners  of  wharf  prop- 
erty situated  above,  if  bridge  is  constructed  without  a  draw    .         .  373 
across  the  Connecticut  river,  between  Springfield  and  West  Springfield, 

relative  to,  etc 4,  390 

Cove  street,  to  confirm  a  certain  agreement  of  the  city  of  Boston  with 

the  Boston  Terminal  Company  relative  to  the  construction  of          .  98 

Deer  Island,  between  Newburyport  and  Amesbury,  repair  of  .        .         .  527 

over  Essex  river,  the  town  of  Essex  may  reconstruct      ....  78 

Little's,  in  the  towns  of  Marshfleld  and  Scituate,  completion  of      .        .  194 
over  the  Merrimac  river,  in  Haverhill,  the  draw-fender  pier  of,  to  be 

rebuilt,  etc 356 

between  Newburyport  and  Salisbury,  relative  to  the  expense  of  re- 
building          280 

Rocks,  between  Haverhill  and  West  Newbury,  repair  of          .         .         .  527 
over  Taunton  Great  river,  between  Fall  River  and  Somerset,  relative  to 

the  construction  of 539 

Bridges,  in  the  city  of  Boston,  relative  to  the  widening  of         ....  162 
Bridgewater,  town  of,  taking  of  certain  land  in,  for  a  highway         ...  68 
the  First  Congregational  Society  in,  a  change  may  be  made  in  the  boun- 
dary line  of 162 

Bridgewater  normal  school,  additional  land  for  the  use  of         ...        •  624 

Brighton  district,  in  the  city  of  Boston,  widening  of  Franklin  street  in    •        .  200 

Bristol  county,  protection  and  sale  of  quail  iu 117 

to  provide  for  the  construction  of  a  building  for  the  northern  district 

registry  of  deeds  of,  etc.,  at  Taunton 190 

to  provide  additional  clerical  assistance  for  the  register  of  probate  of   .  826 

may  take  land  for  county  purposes    . 406 

tax  granted  for 508 

Bristol  County  Agricultural  Society,  payment  of  a  bounty  to    .        .         .        .  148 

Broadway  bridge,  recovery  for  injuries  caused  by  the  rebuilding  of          .         .  99 

Brockton,  city  of,  time  for  taking  an  increased  water  supply  by,  extended      .  143 

may  lay  its  water  pipes  in  the  town  of  East  Bridgewater        .         .         .  372 

Brookline,  municipal  court  of,  salary  of  clerk  established          ....  222 

Brown  tail  moth,  relative  to  the  extermination  of 37 

relative  to  methods  for  the  destruction  of 606 

Bulletin  of  committee  hearings,  publication  of 491 


Index.  64:5 


Bureau  of  statistics  of  labor,  appropriations  for  salaries  and  expenses  in         .  36 

to  print  and  distribute  the  laws  relating  to  labor 507 

Burglar  J',  to  provide  for  insuring  against  loss  by       ......  256 

Burial  of  indigent  soldiers,  etc.,  waiving  of  claims  against  tlie  United  States 

for,  in  certain  cases 159 

provisions  of  law  relative  to,  extended  to  army  nurses    ....  182 

extended  to  persons  who  served  in  the  Spanish-American  war    .         .  216 

Burlington,  town  of,  the  Francis  Wyman  Association  in,  incorporated    .         .  59 

Burr,  Lemuel  D.  and  Anna,  in  favor  of 500 

Burying  grounds,  certain,  to  provide  for  the  care  of 300 

Butter,  to  provide  for  the  better  protection  of 635 


c. 

Cambridge,  city  of,  election  of  school  committee,  etc.,  in         ....  275 

relative  to  municipal  parties  in 441 

Cambridge  street  subway,  relative  to   connecting  the   East  Boston  tunnel 

with,  etc.      ............  75 

Camp  ground,  at  South  Fraraingham,  sale  of  certain  land  at     .        .         .        .  531 

improvements  at 532 

Canal,  from  Taunton  river  to  Weymouth  Fore  river,  to  provide  for  printing 

the  report  on  the  survey  of 527 

resolutions  relative  to 544 

Canal  Company,  the  Boston,  Cape  Cod  and  New  York,  payment  of  interest  on 

the  amount  deposited  by 525 

Candidates,  for  certain  elective  offices,  to  provide  for  direct  nomination  of     .  467 

Cape  Cod  Pilgrim  Memorial  Association,  in  favor  of 542 

Carver,  town  of,  may  unite  with  certain  other  towns  in  employing  a  superin- 
tendent of  schools 64 

may  hold  stock  or  bonds  of  the  Plymouth,  Carver  and  Wareham  Street 

Railway  Company 250 

Cashman,  Dennis,  in  favor  of 518 

Casualty  Company,  the  Manufacturers  Mutual,  relative  to         ....  160 

Cataumet  harbor,  survey  and  estimate  to  be  made  as  to  the  improvement  of   .  523 

Cattle  bureau  of  the  state  board  of  agriculture,  created 76 

Cattle  commissioners,  appropriation  for  expenses  of 155 

board  of,  abolished 76 

Caucus  officers,  relative  to  the  qualifications  of 420 

Caucuses,  in  cities,  to  be  held  for  nominating  candidates  by  direct  plurality 

vote,  for  certain  elective  offices 467 

Cemetery  Association,  Millville,  incorporated    . 157 

Central  Block,  in  Pittsfleld,  may  take  and  hold  additional  estate  .  .  .  175 
Central  district  court  of  Worcester,  the  town  of  Rutland  placed  within  the 

jurisdiction  of 134 

Central  Massachusetts  Railroad  Company,  relative  to  taxation  of     .        .         .  156 

Certiorari,  writ  of,  law  relative  to,  amended 485 


64:6 


Index. 


Change  of  names  of  corporations,  etc.  : 

Democratic  Social  Partj^ 

Massachusetts  Loan  and  Trust  Company  . 
Perkins  Street  Baptist  Society  in  Somerville    . 
Change  of  names  of  persons,  decreed  by  tlie  probate  courts 
Charitable  expenses,  appropriations  for      .... 
Charitable  Eye  and  Ear  Infirmary,  the  Massachusetts,  in  favor  of 
Charity,  board  of,  to  consider  the  question  of  establishing  new  state  sanato- 

riums 

Charles  river,  drawing  down  of  the  water  of,  at  the  dam  in  South  Natick,  to 
define  the  time  within  which  suits  may  be  brought  for  damages  on 

account  of 

recovery  of  damages  by  owners  of  wharf  property  on  account  of  draw 

less  bridge  to  be  constructed  over 

to  extend  the  time  within  which  the  committee  shall  report  relative  to  a 

dam  across 

Charlestown  district,  city  of  Boston,  alteration  of  grade  crossing  in 
Charlestown  School  Trust  Fund,  law  governing  disposal  of  the  income  of 

amended 

Charlton,  town  of,  the  Worcester  and  Southbridge  Street  Railway  Company 

may  act  as  a  common  carrier  in 

Chelmsford,  town  of,  the  city  of  Lowell  may  supply  water  to  . 
Chelsea,  city  of,  inmates  of  the  Soldiers'  Home  may  vote  in 
Chicopee,  city  of,  may  refund  a  part  of  its  debt  .... 

Children,  employment  of,  law  relative  to,  amended    .... 
law  relative  to  the  commitment  of,  amended    .... 

law  relative  to  adoption  of,  amended 

school,  appropriation  for  payment  of  tuition  of,  in  certain  cases 
Church  in  Brattle  Square,  may  transfer  certain  property  . 
Cities  : 

Beverly,  may  borrow  money  for  school  purposes     . 

Boston,  the  Provident  Institution  for  Savings  in,  may  hold  additional 

estate   

publication  of  names  and  residences  of  persons  assessed  in,  etc 
the  Suffolk  Savings  Bank  in,  may  hold  additional  estate 
to  confirm  a  certain  agreement  of,  with  the  Boston  Terminal  Company 
relative  to  the  rebuilding  of  Broadway  bridge  in  . 

the  Jamaica  Savings  Bank  in,  incorporated 

the  Boston  Five  Cents  Savings  Bank  in,  may  hold  additional  estate 

widening  of  Hyde  Park  avenue  in 

appointment  of  election  ofiicers  in 

supplementary  assessment  for  poll  taxes  in,  investigation  and  report  of 
the  Public  School  Teachers'  Ketirement  Fund  may  be  invested  in  the 

bonds  of 

may  pay  a  sum  of  money  to  Josephine  E.  0.  Lang       .        .        .        . 

may  pay  a  sum  of  money  to  Mary  McGee 

may  pay  a  sum  of  money  to  Elizabeth  M.  O'Flaherty  .... 


PAGE 

37 
171 

161 

575 

40 

493 

541 


159 

373 

533 
237 

188 

183 
255 
190 

94 
344 
235 
482 

11 
331 

332 

51 

62 

64 

98 

99 

104 

105 

105 

113 

155 

172 
172 
174 
175 


Index. 


647 


Cities  —  Continued. 

Boston,  relieved  from  the  payment  of  certain  fees  in  the  courts  of  Suf 
folk  county 

may  pay  a  sum  of  money  to  Bartholomew  J.  Murphy  . 

may  pay  a  sum  of  money  to  Margaret  A.  and  Katharine  Alexander 

may  pay  a  sum  of  money  to  the  widow  of  James  J.  Dunlea 

may  pay  a  sum  of  money  to  the  widow  of  John  A.  Kidney  . 

may  pay  a  sum  of  money  to  Caroline  Pike 

widening  of  Franklin  street  in  the  Brighton  district  of 

may  pay  a  sum  of  money  to  Honora  Leary 

may  pay  a  sum  of  money  to  Louise  H.  Drew        .... 

may  pay  a  sum  of  money  to  Kate  A.  Belford         .... 

may  pension  Andrew  C.  Scott 

alteration  of  grade  crossing  of  Austin  street  in  the  Charlestown  dis 
trict  of,  assessment  of  damages  for 

municipal  court  of,  certain  officers  of,  to  wear  uniforms 

relative  to  certain  streets  in  that  part  of  the  city  known  as   South 
Boston,  etc. 

relative  to  the  board  of  schoolhouse  commissioners  in 

construction  of  certain  buildings  in,  outside  the  building  limits  . 

the  Adams  Trust  Company  in,  incorporated  .... 

may  pay  a  sum  of  money  to  Hannah  A.  Russell    .... 

the  city  of  Newton  may  lay  drains  in  a  part  of     . 

to  provide  for  local  option  as  to  the  granting  of  liquor  licenses  in 

may  pay  a  sum  of  money  to  the  widow  of  Frederick  P.  Ingalls   . 

may  pay  a  sum  of  money  to  the  widow  of  Lemuel  Wood 

may  pay  a  sum  of  money  to  the  widow  of  Augustus  P.  Martin     . 

highways,  public  alleys,  sewers  and  sidewalks  in  .        .        . 

relative  to  loans  of 

to  pay  for  constructing  surface  drainage  sewers  .... 

assessment  of  betterments  in  ....... 

to  provide  for  the  licensing  of  certain  hawkers,  pedlers  and  boot 
blacks  by  the  school  committee  of      .....        •■ 

construction  of  additional  subways  and  tunnels  in       .         .        . 

relative  to  the  height  of  buildings  in  certain  streets  in 

to  provide  for  an  investigation  of  matters  relating  to  the  transporta 
tion  of  passengers  on  railroads  in  and  about     .... 
Brockton,  time  for  taking  an  increased  water  supply  by,  extended 

may  lay  its  water  pipes  in  the  town  of  East  Bridgewater    . 
Cambridge,  election  of  school  committee,  etc.,  in    . 

relative  to  municipal  parties  in       .         .         . 
Chelsea,  inmates  of  the  Soldiers'  Home  may  vote  in 
Chicopee,  may  refund  a  part  of  its  debt    . 
Everett,  charter  amended 

may  make  certain  sewer  assessments    . 

may  take  land  for  a  hospital ..... 

may  pay  a  sum  of  money  to  widow  of  Thomas  Keefe 


183 
187 
187 
187 
188 
198 
200 
218 
222 
222 
224 

237 

284 

292 
298 
318 
330 
335 
387 
391 
412 
428 
428 
430 
436 
439 
439 

442 
449 

471 

528 
143 
372 
275 
441 
190 
94 
106 
105 
373 
374 


648  Index. 


Cities —  Contimied. 

Fall  River,  may  borrow  money  for  certain  purposes        .        .        .       119,171 
placing  the  public  cemeteries  of,  under  control  of  the  park  commis- 
sioners           177 

the  use  of  Oak  Grove  Cemetery  in,  may  be  discontinued      .         .        .  246 

certain  territory  annexed  to 250 

charter  revised 304 

relative  to  the  construction  of  a  bridge  over  Taunton  Great  river  be- 
tween Somerset  and 539 

Fitchburg,  to  pay  a  certain  sum  of  money  to  the  town  of  Westminster  374 
Gloucester,  may  borrow  money  for  extending  Rogers  street  .        .         .  184 
ward  eight  of,  may  be  divided  into  three  voting  precincts  .         .         .  272 
to  locate  and  define  the  boundary  line  between  the  town  of  Man- 
chester and 295 

Haverhill,  charter  amended 127 

to  change  a  part  of  the  harbor  line  of,  on  the  Merrimac  river      .        .  234 
bridge  over  the  Merrimac  river  in,  the  draw  fender  pier  of,  to  be 

rebuilt,  etc 356 

the  Rockingham   County  Light  and  Power  Company  may  furnish 

electricity  to  any  street  railway  company  operating  in       .        .         .  416 
Lawrence,  to  provide  better  accommodations  for  the  courts,  etc.,  of  the 

county  of  Essex  at -47 

the  law  library  at,  the  county  of  Essex  to  pay  annually  a  certain  sum 

of  money  to 279 

the  street  commissioner  of,  to  lay  drains  and  sewers    ....  388 
the  Rockingham  County  Light  and  Power  Company  may  furnish  elec- 
tricity to  any  street  railway  company  operating  in    .        .        .        .  416 

Lowell,  licensing  of  money  lenders  in 106 

maj'  pension  a  former  police  officer  of  the  city 147 

may  supply  water  to  the  town  of  Chelmsford 255 

may  supply  water  to  the  town  of  Dracut 320 

the  Rockingham  County  Light  and  Power  Company  may  furnish  elec- 
tricity to  any  street  railway  company  operating  in    .         .        .         .416 

police  court  of,  repayment  of  a  sum  of  money  to  the  clerk  of     .         .  492 

may  raise  and  appropriate  money  for  the  Lowell  Textile  School          .  496 

Maiden,  may  make  certain  sewer  assessments 105 

sale  or  exchange  of  land  taken  for  park  purposes  in    .         .        .        .  122 

Marlborough,  relative  to  water  courses  and  drainage  in  .         .         .         .  167 

Medford,  may  borrow  money  for  park  purposes 254 

Melrose,  filling  vacancies  in  the  board  of  aldermen  of     .        .         .        .  172 

may  make  an  additional  water  loan 328 

may  borrow  money  for  constructing  a  system  of  surface  drainage      .  358 
New  Bedford,  the  New  Bedford  and  Onset  Street  Railway  Company 

may  operate  its  railway  in 151 

board  of  public  works  in,  abolished 371 

may  raise  and  appropriate  money  for  the  use  of  the  New  Bedford 

Textile  School 526 


Index.  649 

PAGE 

Cities —  Concluded. 

Newburyport,  may  supply  the  town  of  Newbury  with  water  ...  91 

may  borrow  money  for  school  purposes 173 

bridge  over  the  Merrimac  river  between  the  town  of  Salisbury  and, 

relative  to  the  expense  of  rebuilding 280 

the  Rockingham  County  Light  and  Power   Company  may  furnish 
electricity  to  any  street  railway  company  operating  in      .        .        .416 

Newton,  may  pay  a  sum  of  money  to  Abbie  F.  Humphrey       .        .         .  147 

may  pay  a  sum  of  money  to  Mary  A.  Foley 147 

term  of  office  of  the  mayor  of 201 

term  of  office  of  assessors  in 292 

may  lay  drains  in  a  part  of  the  city  of  Boston 387 

Northampton,  additional  water  loan  for 40 

may  refund  certain  debts 91 

the  Deerfield,  Whately  and  Hatfield  Street  Railway  Company  may 

operate  its  railway  in 413 

Pittsfleld,  relative  to  Central  Block  in 175 

Quincy,  relative  to  the  flre  department  of        .-..••  71 

may  make  an  additional  sewer  loan 181 

Salem,  the  county  of  Essex  may  acquire  land  in,  for  a  registry  of  deeds 

building,  etc 192 

the  Salem  Safe  Deposit  and  Trust  Company  incorporated  in        .        .  203 

Somerville,  the  Perkins  Street  Baptist  Society  in,  may  change  its  name  161 

may  take  land  for  a  public  park 418 

Springfield,  bridge  across  the  Connecticut  river  between  West  Spring- 
field and,  relative  to 4,  390 

relative  to  the  police  department  of 94 

City  Library  Association  of ,  may  hold  additional  estate      .         .         .  110 

may  refund  a  part  of  its  water  debt 176 

Taunton,  to  provide  for  the  construction  of  a  building  in,  for  the  north- 
ern district  registry  of  deeds,  etc.,  of  the  county  of  Bristol     .         .  190 
tenure  of  office  of  members  of  the  police  and  flre  departments  of        .  298 

"Worcester,  election  of  aldermen  in 86 

relative  to  the  salary  of  the  mayor  of 197 

may  increase  its  water  supply 270 

relative  to  wires  and  electrical  appliances  in 286 

may  accept  the  benefits  of  the  will  of  Jerome  Wheelock      .         .        .  317 

abolition  of  grade  crossings  in 421 

Cities,  may  appropriate  money  for  memorials  to  persons  who  served  in  the 

Spanish-American  war 208 

overseers  of  the  poor  in,  to  be  elected  for  three  years     ....  357 
to  provide  for  direct  nomination  in,  of  candidates  for  certain  elective 

offices 467 

certain,  may  pay  annuities  to  the  widows  and  minor  children  of  mem- 
bers of  police  departments  of 345 

Cities  and  towns,  may  authorize  certain  officials  to  enter  upon  private  land  for 

investigating  the  brown  tail  moth,  etc 37 


650  Index. 

PAGE 

Cities  and  towns,  may  appropriate  money  for  the  observance  of  Old  Home 

"Week,  so-called 73 

may  regulate  and  license  junk  collectors 134 

certain,  water  may  be  supplied  to  parts  of,  from  the  metropolitan  water 

supply 137 

duties  of  boards  of  health  in,  relative  to  vaccination       ....  138 
compensation  to,  for  the  care  of  persons  infected  with  smallpox,  etc.   150,  156 
assessments  upon,  in  the  metropolitan  parks  district,  relative  to  pay- 
ment of 246 

may  purchase  water  for  temporary  purposes 278 

to  provide  for  the  care  of  neglected  burying  grounds  by          .        .        .  300 
in  the  metropolitan  water  district,  measurement  of  wmter  supplied  to    .  301 
actions  of  tort  against,  for  personal  injuries,  limiting  time  for  com- 
mencing       ............  322 

lavr  relative  to  "  labor  service  "  in,  amended     ......  473 

City  and  town  officers,  duties  of,  relative  to  the  extermination  of  the  brown 

tail  moth,  etc 37 

City  charters : 

Cambridge,  amended 275 

Everett,  amended 106 

Fall  River,  revised 304 

Haverhill,  amended 127 

Lawrence,  amended 388 

Melrose,  amended 172 

Newton,  amended 201,  292 

Quincy,  amended 71 

Springfield,  amended 94 

Taunton,  amended 298 

Worcester,  amended 86,  197 

City  committee,  political,  may  fix  the  number  of  persons  of  whom  it  shall 

consist 408 

City  Library  Association  of  Springfield,  may  hold  additional  estate  .        .         .  110 

Civil  Engineers,  the  Boston  Society  of,  may  hold  additional  estate    .        .        .115 

Civil  government,  list  of  persons  connected  vpith 585 

Civil  service  commissioners,  appropriations  for  salaries  and  expenses  in  the 

oflice  of 21 

preservation  of  records  of 231 

Claims,  on  account  of  the  death  of  firemen,  appropriation  for  payment  of       .  296 

certain,  against  the  United  States  government,  relative  to  the  waiving  of  159 

Clerical  assistance,  the  auditor  may  employ  additional 126 


in  the  office  of  the  adjutant  general,  relative  to 


in  the  oflice  of  the  secretary  of  the  Common w^ealth,  relative  to       .        .      280 


for  the  register  of  probate,  county  of  Bristol,  to  provide 
Clerk,  second  district  court  of  Plymouth,  salary  established 

second  district  court  of  eastern  Worcester,  salary  established 
municipal  court  of  Brookline,  salary  established 
police  court  of  Holyoke,  salary  established 


252 


326 
278 
294 
222 
276 


Index. 


651 


PAOB 

Clerk,  police  court  of  Lowell,  repayment  of  a  sum  of  money  to        .        .        .  492 
assistant,  of  the  superior  court,  designated  to  hear  cases  outside  the 

county  of  Suffolk,  compensation  of 414 

second  assistant,  superior  court,  county  of  Suffolk,  salary  established   .  426 

Clerk  of  courts,  county  of  Middlesex,  third  assistant,  salary  established .        .  277 

county  of  Plymouth,  salary  established 372 

county  of  Suffolk,  not  to  receive  fees  In  civil  cases  In  which  the  city  of 

Boston  is  a  party 183 

Clinton,  Patience  Fidelia,  in  favor  of 606 

Clubs,  certain,  revocation  of  the  charters  of      .         .        ...        .        .         .  437 

Coal,  weigher  of,  women  may  hold  the  office  of 114 

law  relative  to  the  weighing  of,  amended 367 

Collateral  legacies  and  successions,  relative  to  taxes  on 381 

Collectors  of  taxes,  relative  to  deeds  given  by 333 

College,  Amherst,  may  hold  additional  property 124 

Harvard,  relative  to  the  election  of  the  board  of  overseers  of         .         .  177 

Massachusetts  Agricultural,  appropriations  for,  etc 32,  43 

to  provide  a  heating  and  lighting  plant  at 622 

to  provide  for  the  expenses  of  the  band  of,  etc 626 

the  trustees  of,  may  borrow  a  certain  sum  of  money   ....  536 

relative  to  the  feasibility  of  producing  vaccine  lymph  at      .        .        .  639 

Collins,  John  J.,  justice  of  the  peace,  to  legalize  certain  acts  of        .        .        .  493 

Colrain,  town  of,  afire  district  established  in 238 

Colrain  Fire  District  Number  One,  established 238 

Columbian  National  Life  Insurance  Company,  incorporated       ....  360 
Commission,  to  revise  the  laws  relating  to  trust  companies,  appointment  of   .  532 
to  investigate    the    method   of   supporting    public    schools,    appoint- 
ment of 537 

Wachusett  mountain  state  reservation,  to  make  return  of  receipts  and 

expenditures 186 

Commissioner,  of  corporations,  to  be  of  the  commission  to  revise  the  laws  relat- 
ing to  trust  companies 532 

insurance,  appropriations  for  salaries  and  expenses  in  the  office  of        .  25 

of  public  records,  appropriations  for  salary  and  expenses  of   .        .         .  36 

of  state  aid  and  pensions,  to  provide  for  the  appointment  of  .         .        .  139 

appropriations  for  salaries  and  expenses  in  the  office  of       .        .         .  215 

tax,  appropriations  for  salaries  and  expenses  in  the  department  of         .  22 

to  assess  an  excise  tax  upon  vessels  owned  by  certain  corporations        .  290 

Commissioners,  ballot  law,  appropriations  for  compensation  of        ...  19 

cattle,  to  abolish  the  board  of 76 

appropriations  for  expenses  of 165 

civil  service,  appropriations  for  salaries  and  expenses  in  the  office  of     .  21 

preservation  of  records  of 231 

on  fisheries  and  game,  appropriations  for  compensation  and  expenses  of  95 

duties  of  the  inspector  general  of  fish  transferred  to     ....  96 

may  issue  permits  to  take  sand  eels  from  certain  rivers,  etc.        .        .  117 

authorized  to  make  certain  investigations 127 


652  IxDEx. 

PAGE 

Commissioners,  on  fisheries  and  game,  may  grant  a  lease  of  Farm  pond  in 

Cottage  City  for  the  cultivation  of  useful  flslies         ....  202 

free  public  library,  appropriations  for  expenses  of 45 

gas  and  electric  light,  appropriations  for  salaries  and  expenses  of  .         22,  273 

powers  and  duties  of  the  inspector  of  gas  meters  transferred  to  .         .  165 

harbor  and  land,  appropriations  for  salaries  and  expenses  of  .        .        .  31 

to  dredge  a  part  of  the  shore  of  South  Boston 33+ 

to  improve  the  channel  between  Vineyard  Sound  and  Barnstable  bay  407 

to  improve  the  harbor  at  Apponagansett 423 

to  have  charge  of  the  expenditure  of  an  appropriation  for  reclaiming 

the  Province  Lands 425 

to  dispose  of  equipment  used  in  the  improvement  of  Connecticut  river  518 

to  make  a  survey,  etc.,  as  to  the  improvement  of  Cataumet  harbor      .  523 
to  provide  for  printing  the  report  of,  relative  to  a  canal  from  Taunton 

river  to  Weymouth  Fore  river 527 

to  make  a  survey,  etc.,  of  Mount  Tom,  etc.,  as  state  reservations       .  540 
to  estimate  the  cost  of  improving  the  channel  from  Scorton  harbor 

to  Barnstable  bay 543 

highway,  appropriations  for  salaries  and  expenses  of     ....  44 

construction  and  repair  of  highways  by 179 

metropolitan  park,  to  establish  the  salaries  of 4!> 

increasing  amount  of  money  at  the  disposal  of 123 

nautical  training  school,  appropriations  for  expenses  of          .         .        .  34 

additional  expenditure  by 533 

prison,  appropriations  for  salaries  and  expenses  in  the  office  of,  etc.      .  26 

certain  probation  officers  to  make  return  to 143 

increasing  the  edition  of  the  report  of 194 

to  examine  into  the  water  supply  of  the  Massachusetts  reformatory  .  638 

railroad,  appropriations  for  salaries  and  expenses  of       ...         .  6 

to  approve  locations  granted  to  street  railway  companies    .        .         .  318 

may  employ  experts 338 

to  investigate  the  question  of  the  use  of  the  power  brake  on  street 

railway  cars 499 

to  consider  the  advisability  of  requiring  street  railwaj'^  cars  to  be  fur- 
nished with  certain  equipment 522 

to  investigate  the  merits  of  fenders  used  upon  street  railway  cars      .  524 
to  investigate  matters  relating  to  the  transportation  of  passengers  in 

and  about  the  city  of  Boston 528 

savings  banks,  appropriations  for  salaries  and  expenses  of     .         .         .  10 
may  authorize  a  trust  company  to  maintain  a  Ijranch  office  for  certain 

purposes 275 

may  examine  affairs  of  foreign  banking  associations,  etc.     .         .        .  372 

may  employ  an  additional  clerk 407 

duties  of,  relative  to  the  investment  by  savings  banks,  etc.,  in  the 

bonds  of  street  railway  companies .  389 

chairman  of,  to  be  of  the  commission  to  revise  the  laws  relating  to 

trust  companies 532 


Index. 


653 


PAGE 

139 


522 
409 
416 
235 

.  251 
.  533 
.  491 
163,  408 


Company 


Commissioners,  special,  acknowledgment  of  deeds  may  be  taken  by 

state  aid,  board  abolislied 

to  prepare  testimonials  for  soldiers,  etc.,  who  served  in  the  war  with 
Spain,  appointment  of 

on  uniformity  of  legislation,  to  provide  for  additional  members  of 

to  extend  the  term  of  office  of 

Commitment,  of  young  children,  law  relative  to,  amended        .... 
Committee,  to  consider  the  question  of  revising  the  corporation  laws,  appoint- 
ment of 

on  Charles  river  dam,  to  extend  the  time  for  the  report  of      .         .        . 

Committee  hearings,  publication  of  bulletin  of 

Committees,  state,  ward  and  town,  number  of  persons  to  be  chosen  on 
Common  carriers  : 

Berkshire  Street  Railway  Company 

Danvers  and  Georgetown  Street  Railway  Company 

Dartmouth  and  Westport  Street  Railway  Company 

Deerfleld,  Whately  and  Hatfield  Street  Railway  Company 

Fraraingham  Union  Street  Railway  Company  . 

Grafton  and  Upton  Railroad  Company 

Greenfield  and  Deerfield  Street  Railway  Company 

Hampshire  Street  Railway  Company 

Milford,  HoUiston  and  Framingham  Street  Railway 

Milford  and  Uxbridge  Street  Railway  Company 

New  York  and  Berkshire  Street  Railway  Company 

Pittsfield  Electric  Street  Railway  Company 

Providence  and  Fall  River  Street  Railway  Company 

Springfield  and  Eastern  Street  Railway  Company 

Stoughton  and  Randolph  Street  Railway  Company 

Upton  Street  Railway  Company 

Worcester,  Rochdale  and  Charlton  Depot  Street  Railway  Company 

Worcester  and  Southbridge  Street  Railway  Company 
Conciliation  and  arbitration,  board  of,  appropriations  for  salaries  and  ex 
penses  of 

relative  to  the  powers  and  duties  of '    . 

Concord,  town  of,  to  consolidate  the  boards  of  water  and  sewer  commission 

ers  in 

Conduits,  wires,  etc.,  to  provide  for  taxing  certain 

Confectionery,  etc  ,  relative  to  the  sale  of,  on  the  Lord's  day 
Congregational  Church  Union  of  Boston  and  Vicinity,  The,  the  Berkeley  Street 
Congregational  Society  may  convey  its  property  to  . 

Congress,  the  fifty-seventh,  list  of  members  of 

Congressional  districts,  relative  to  filling  vacancies  in       ...         . 
Connecticut  river,  bridge  over,  between  Springfield  and  West  Springfield,  rel 
ative  to 

disposal  of  certain  equipment  used  in  the  improvement  of 
Consumptives,  the  question  of  establishing  new  sanatoriums  for,  to  be  re- 
ported on 541 


184 
219 
242 
413 
200 
366 
265 
220 
366 
366 
384 
237 
199 
197 
283 
366 
198 
183 

29 
359 

39 
261 
327 

323 

610 
428 

390 
518 


654:  Index. 

PAGE 

Contagious  diseases  among  horses,  cattle,  etc.,  appropriation  for  the  exter- 
mination of 223 

Controller  of  county  accounts,  appropriations  for  salaries  and  expenses  in  the 

office  of 19 

Conway,  town  of,  relative  to  the  Field  Memorial  Library  in       ....  38 

Conway  Electric  Street  Railway  Company,  to  extend  the  corporate  powers  of  223 

Cook,  Herman  B.,  in  favor  of 526 

Coonan,  Daniel,  in  favor  of 516 

Corporation  laws,  to  provide  for  the  appointment  of  a  committee  to  consider 

the  question  of  the  revision  of    .......         .  251 

Corporations,  to  authorize  the  issue  of  preferred  stock  by        ...         .  356 

foreign,  relative  to  the  payment  of  taxes  assessed  upon  ....  269 

fraternal  beneficiary,  the  Boston  and  Maine  Railroad  Relief  Association 

exempt  from  provisions  of  law  relative  to 157 

private,  relative  to  taxing  conduits,  etc.,  of 261 

Corporations  created  by  the  General  Court  of  1902 : 

Adams  Trust  Company 330 

Attleboro  Trust  Company 196 

Bay  State  Accident  Association 315 

Boston  Steamship  Company 264 

Columbian  National  Life  Insurance  Company 360 

Danvers  and  Georgetown  Street  Railway  Company          ....  218 

Deerfleld,  Whately  and  Hatfield  Street  Railway  Company       .         .         .  412 

Francis  Wyman  Association 69 

Hadley  Water  Company 144 

Jamaica  Savings  Bank 104 

Massachusetts  Steamship  Company 263 

Millville  Cemetery  Association 158 

New  England  Railway  Assurance  Company 300 

New  York  and  Berkshire  Street  Railway  Company 383 

Salem  Safe  Deposit  and  Trust  Company 203 

St.  Mary's  Cemetery  Trust  Fund  Association 427 

Symmes  Arlington  Hospital 103 

Trustees  for  the  Diocese  of  Western  Massachusetts        .         .        .        .111 

Worcester  County  Memorial  Devens  Statue  Commission         ...  61 
Cottage  City,  town  of,  may  grant  licenses  to  plant,  grow,  etc.,  oysters  In 

Lagoon  pond 137 

to  authorize  the  leasing  of  Farm  pond  in 202 

Counties,  etc.,  limiting  the  time  for  actions  of  tort  against,  on  account  of  per- 
sonal injuries 322 

County : 

Barnstable,  sittings  of  the  superior  court  for •       .  369 

tax  granted  for 519 

Berkshire,  may  pay  a  sum  of  money  to  the  widow  of  James  Bird  .         .  84 

may  pay  a  sum  of  money  to  Mary  A.  Fuller 85 

to  establish  the  open  season  for  trout,  etc. ,  in      .         .        .        .         96,  477 

tax  granted  for 601 


I:n^dex.  655 

PAGE 

County  —  Continued. 

Bristol,  protection  and  sale  of  quail  in 117 

to  provide  for  the  construction  of  a  building  for  the  northern  district 

registry  of  deeds  of,  etc.,  at  Taunton 190 

additional  clerical  assistance  for  the  register  of  probate  of         .         .  326 

may  take  land  for  county  purposes 406 

tax  granted  for 508 

Dukes  County,  compensation  of  special  justices  of  district  court  of       .  232 

tax  granted  for 514 

Essex,  to  provide  better  accommodations  for  the  courts,  etc.,  of,  at 

Lawrence 47 

may  acquire  land  in  the  city  of  Salem,  etc.,  for  a  registry  of  deeds 

building,  etc 192 

certain  old  public  records  to  be  deposited  in 233 

may  annually  pay  a  sum  of  money  to  the  Lawrence  Bar  Association  .  279 

salaries  of  county  commissioners  of,  established          ....  326 

tax  granted  for 502 

repair  of  certain  bridges  in 527 

Franklin,  to  establish  the  open  season  for  trout,  etc.,  in          ...  96 
exempt  from  provisions  of  law  requiring  counties  to  maintain  truant 

schools 185 

sheriff  of,  salary  established 277 

tax  granted  for 503 

Hampden,  to  establish  the  open  season  for  trout,  etc.,  in        .        .         .96 

tax  granted  for 509 

Hampshire,  to  establish  the  open  season  for  trout,  etc.,  in      .         .        .96 
exempt  from  provisions  of  law  requiring  counties  to  maintain  truant 

schools 185 

tax  granted  for 505 

Middlesex,  salary  of  the  third  assistant  clerk  of  the  courts  for,  estab- 
lished    ■        ...  277 

tax  granted  for 610 

Norfolk,  may  pay  a  sum  of  money  to  the  widow  of  James  Humphrey   .  85 
certain  old  records  of,  to  be  deposited  with  the  clerk  of  the  courts  of 

Essex  county 233 

construction  of  a  registry  of  deeds  building  for,  in  Dedham        .        .  441 

tax  granted  for        .         .         . 512 

Plymouth,  to  complete  Little's  bridge  in  the  towns  of  Marshfield  and 

Scituate 194 

sheriff  of,  salary  established 345 

clerk  of  the  courts  of,  salary  established 372 

tax  granted  for 513 

records  and  plans  of  the  Proprietors  of  Rochester  to  be  deposited  in 

the  registry  of  deeds  for 518 

Suffolk,  clerks  of  courts  in,  not  to  receive  fees  in  civil  actions  in  which 

the  city  of  Boston  is  a  party 183 

relative  to  indexes  in  the  registry  of  deeds  for 332 


656 


Index. 


County  —  Concluded. 

Sufl'olk,  sittings  of  the  superior  court  for 

second  assistant  clerli  of  the  superior  court  for,  salary  established 
Worcester,  may  contribute  toward  the  Devens  memorial  monument 

tax  granted  for       . 

County  commissioners,  law  relative  to  compensation  of,  amended  . 
Court,  of  laud  registration,  appropriations  for  salaries  and  expeuses  in 

appeals  from 

district,  first,  of  Barnstable,  salary  of  justice  established 
of  Dukes  County,  compensation  of  special  justices  of 
second,  of  Plymouth,  salaries  of  clerk  and  justice  established 
first,  of  eastern  Worcester,  the  town  of  Northborough  placed  within 

the  jurisdiction  of 

second,  of  eastern  Worcester,  salaries  of  justice  and  clerk  estab 

lished 

central,  of  Worcester,  the  town  of  Rutland  placed  within  the 

diction  of 

western  Worcester,  established 

municipal,  of  Boston,  certain  ofticers  of,  to  wear  uniforms 

of  Brookline,  salary  of  clerk  established       .... 
police,  of  Holyoke,  salary  of  clerk  established 

of  Lowell,  repayment  of  a  sura  of  money  to  the  clerk  of 

of  Newburyport,  the  town  of  Eowley  included  within  the  judicial  dis 

trict  of 

probate,  to  have  jurisdiction  in  cases  of  French  spoliation  awards 
superior,  probation  officers  of,  to  make  report  to  the  board  of  prison 

commissioners 

to  provide  for  increasing  the  number  of  associate  justices  of 

sittings  of,  for  the  counties  of  Suffolk  and  Barnstable 

fixing  compensation  of  the  assistant  clerk  of,  designated  to  hear  cases 

outside  the  county  of  Suffolk 

county  of  Suffolk,  second  assistant  clerk  of,  salary  established  . 
Courts,  may  issue  writ  of  habeas  corpus   in   certain  cases  of  libels  for  di 

vorce   

probate,  to  confirm  certain  proceedings  of       ...        . 

law  relative  to  partition  of  lands  in,  amended 
of  insolvency,  law  relative  to  jurisdiction  of,  amended    . 
Cove  Street  bridge,  to  confirm  a  certain  agreement  of  the  city  of  Boston  with 

the  Boston  Terminal  Company  relative  to  the  construction  of 
Crimes,  against  property,  certain  provision  of  law  relative  to,  repealed 

certain  provisions  of  law  relative  to,  amended 
Crossings,  grade,  law  relative  to  the  abolition  of,  amended 
Cuba,  pupils  from,  to  be  received  in  the  state  normal  schools  . 


98 

485 

485-487 

348 

621 


Index.  657 
D. 

PAGE 

Dairy  bureau,  to  provide  for  the  better  protection  of  butter  by         .        .        .  535 
Damages,  uuder  the  act  to  prohibit  the  drawing  down  of  the  water  of  Charles 

river,  to  define  the  time  in  which  suits  may  be  brought  for      .         .  159 
on  account  of  alteration  of  grade  crossing  on  Austin  street,  time  for 

fiUng  petitions  for,  extended 237 

to  owners  of  wharf  property  above  the  drawless  bridge  across  the 

Charles  river,  recovery  of 373 

Danvers,  town  of,  the  Danvers  and  Georgetown  Street  Railway  Company  may 

operate  its  railway  in 219 

Danvers  insane  hospital,  appropriation  for 19 

improvements  at 342 

Danvers  and  Georgetown  Street  Railway  Company,  incorporated    .         .        .  218 

Dartmouth,  town  of,  improvement  of  Apponagansett  harbor  in       .         .        .  423 
Dartmouth  and  Westport  Street  Railway  Company,  may  act  as  a  common 

carrier,  etc. 242 

Day's  labor,  to  provide  for  furthering  the  adoption  of  a  uniform  law  fixing  the 

hours  of 409 

Deaf  Mutes,  the  New  England  Industrial  School  for,  in  favor  of      .        .        ,  523 

Deaths,  births,  etc.,  preservation  of  certain  town  records  of    .        .         .        ,  379 
Deceased  soldiers  and  sailors,  relative  to  the  waiving  of  claims  against  the 

United  States  on  account  of  the  burial  of 159 

Dedham,  town  of,  construction  of  a  registry  of  deeds  building  at    .        .         .  441 

Deeds,  acknowledgment  of,  may  be  made  before  special  commissioners  .        .  214 

given  by  tax  collectors,  law  relative  to,  amended 333 

Deer,  protection  of 110 

Deer  Island  bridge,  between  Amesbury  and  Newburyport,  repair  of         .         .  527 
Deerfield,  town  of,  the  Greenfield  and  Deerfleld  Street  Railway  Company  may 

act  as  a  common  carrier  in 265 

the  Conway  Electric  Street  Railway  Company  may  operate  its  railway  in  223 

water  supply  for  the  village  of  South  Deerfleld,  in 393 

the  Deerfleld,  "VVhately  and  Hatfleld  Street  Railway  Company  may  oper- 
ate its  railway  in 413 

Deerfleld,  Whately  and  Hatfield  Street  Railway  Company,  incorporated  .        .  412 

Deficiencies,  appropriations  for 47,  77,  78,  125,  127,  215 

Democratic  social  party,  name  changed 37 

Dennis,  town  of,  appropriation  to  improve  the  channel  of  Bass  river  in  .        .  124 

Dentistry,  board  of  registration  in,  to  establish  the  salaries  of  the  members  of  419 

appropriations  for  salaries  of 438 

Deputy  sealer  of  weights  and  measures,  salary  established        ....  369 

Detective  department  of  the  district  police,  appointments  to    .        .         .         .  326 
Devens  memorial  monument,   the  county  of  Worcester  and  the  cities  and 

towns  therein  may  contribute  toward  the  expense  of        ...  61 

Diocese  of  "Western  Massachusetts,  Trustees  for,  incorporated        .        .         .  ill 

Dipsomaniacs,  etc.,  hospital  for,  appropriations  for 365 

to  increase  the  number  of  trustees  of 470 


65S  Index. 

PAGE 

Diseases  dangerous  to  the  public  health,  law  relative  to,  amended    .        .        .  150 
compensation  to  cities  and  towns  for  care  of  persons  infected  with        .  156 
District  attorney,  assistant,  eastern  district,  salary  established        .        .         .  442 
District  court,  first,  of  Barnstable,  salary  of  justice  established       .        .         .  243 
of  Dnkes  County,  compensation  of  special  justices  of     .         .        .        .  232 
second,  of  Plymouth,  salaries  of  clerk  and  justice  established         .         .  278 
central,  of  Worcester,  the  town  of  Rutland  placed  within  the  jurisdic- 
tion of 134 

first,  of  eastern  Worcester,  the  town  of  Northborough  placed  within  the 

jurisdiction  of 115 

second,  of  eastern  Worcester,  salaries  of  justice  and  clerk  established  .  294 

western  Worcester,  established 329 

District  police,  appropriations  for  salaries  and  expenses  of      ....  42 
powers  and  duties  of  the  tire  marshal  transferred  to        .        .        .         .98 

fire  marshal's  department  of,  appropriations  for 193 

detective  department  of,  appointments  to 326 

maintenance,  etc.,  of  apparatus  used  in  the  boiler  inspection  depart- 
ment of 525 

Districts,  congressional,  relative  to  the  filling  of  vacancies  in  .        .        .        .  428 

Divorce,  libels  for,  court  may  issue  writ  of  habeas  corpus  in  certain  cases  of  .  245 

law  relative  to,  amended 482 

Documents,  public,  appropriations  for  printing  and  binding     ....  33 

report  of  the  board  of  prison  commissioners,  edition  increased      .        .  194 

Dogs,  protection  of  deer  from 110 

protection  of  sheep  from 163 

Domestic  animals,  inspection  of  certain 234 

Dorchester  Heights,  dedication  of  the  monument  on,  etc.  .         .        138,495,529 

Dougan,  Harry  J.,  in  favor  of 533 

Dracut,  town  of,  the  city  of  Lowell  may  supply  water  to 320 

the  Rockingham  Light  and  Power  Company  may  furnish  electricity  to 

any  street  railway  operating  in 416 

Drew,  Louise  H.,  the  city  of  Boston  may  pay  a  sum  of  money  to     .         .        .  222 

Dukes  County,  district  court  of,  compensation  of  special  justices  of        .         .  232 

tax  granted  for 514 

Dunlea,  James  J.,  the  city  of  Boston  may  pay  a  sum  of  money  to  the  widow  of  187 


E. 

East  Boston  Dry  Dock  Company,  may  build  and  maintain  docks,  etc.  .  .  217 
East  Boston  tunnel,  relative  to  the  connecting  of,  with  the  Cambridge  street 

subway,  etc.         . 75 

East  Bridgewater,  town  of,  the  city  of  Brockton  may  lay  its  water  pipes  in     .  372 

East  Somerville  Baptist  Society  in  Somerville,  name  established      .        .         .  161 

Easthampton,  town  of,  additional  water  supply  for 140 

Education,  board  of,  to  receive  in  the  state  normal  schools  pupils  from  other 

states  and  countries 521 


Index.  659 

PAGE 

Education,  board  of,  to  publish  a  manual  of  the  school  laws     ....  528 

Educational  expenses,  appropriations  for 108 

Egremont,  town  of,  the  Great  Barringtou  Eire  District  may  furnish  water  to  .  347 
the  New  York  and  Berkshire  Street  Eailway  Company  may  construct 

its  railway  through 383 

Election  law,  amendments  to       .         .         .         .62,  113,  163,  266,  297,  420,  425,  473 

Electricity,  towns  may  purchase,  from  street  railway  companies      .        .        .  362 

Elevators,  operation  and  custody  of 269 

Employees,  of  manufacturing  establishments,  to  be  supplied  with  drinking 

water 244 

of  certain  establishments,  time  allowed  to,  for  voting    ....  297 

Employment,  of  laborers,  law  relative  to,  amended 473 

of  minors,  law  relative  to,  amended 132 

of  women  and  children,  law  relative  to,  amended 344 

Engineers  and  firemen,  maintenance,  etc.,  of  apparatus  used  in  the  examina- 
tion of 525 

Epileptics,  hospital  for,  appropriations  for 18,  42 

construction  of  new  buildings  at 323 

Equity  jurisdiction,  law  relative  to,  amended 483 

Erving,  town  of,  a  part  of,  included  within  the  limits  of  the  Millers  Falls 

Water  Supply  District 415 

Essex,  town  of,  may  reconstruct  a  bridge  over  Essex  river      .        .        .         .  78 
Essex  county,  to  provide  better  accommodations  for  the  courts,  etc.,  of,  at 

Lawrence 47 

may  acquire  land  in  the  city  of  Salem,  etc.,  for  a  registry  of  deeds 

building,  etc 192 

certain  old  public  records  to  be  deposited  in 233 

may  annually  pay  a  sum  of  money  to  the  Lawrence  Bar  Association       .  279 

county  commissioners  of,  salaries  established 326 

tax  granted  for 502 

repair  of  certain  bridges  in 527 

Estates  of  absentees,  settlement  of,  law  relative  to,  amended  .        .        .        478-481 

Everett,  city  of,  may  make  certain  sewer  assessments 105 

charter  amended 106 

may  take  land  for  a  hospital 373 

may  pay  a  sum  of  money  to  the  widow  of  Thomas  Keefe        .        .        .  374 

Executive  department,  appropriations  for  salaries  and  expenses  in  .        .         .  5 

appointment  of  messengers  for 437 

list  of  persons  comprising 587 

Executor,  of  a  deceased  pharmacist,  business  of  the  pharmacist  may  be  con- 
tinued by 247 

Exeter,  Hampton  and  Amesbury  Street  Railway  Company,  may  lease  the  rail- 
way of  the  Haverhill  and  Plaistow  Street  Railway  Company    .         .  322 
Expenditures,  by  heads  of  departments  and  other  officials,  relative  to      .        .  492 
Experiment  station,  of  the  Massachusetts  Agricultural  College,  appropria- 
tions for 32 

Eye  and  Ear  Infirmary,  the  Massachusetts  Charitable,  in  favor  of    .        .        .  493 


660  Index. 

F. 

PAGE 

Pairhaven,  the  proprietors  of  the  Washington  street  Christian  Meeting-House 
of,   may  convey  certain  property   to   The    Unitarian    Society  of 

Fairhaven 336 

Fairhaven,  town  of,  the  New  Bedford  and  Onset  Street  Railway  Company  may 

operate  its  railway  in 151 

Fall  River,  city  of,  may  borrow  money  for  certain  purposes      .         .         .       119,171 
placing  the  public  cemeteries  of,  under  control  of  the  park  commis- 
sioners            177 

the  use  of  Oak  Grove  Cemetery  in,  may  be  discontinued          .        .        .  246 

certain  territory  annexed  to 250 

charter  revised 304 

relative  to  the   construction  of  a  bridge  over  Taunton   Great  river 

between  Somerset  and 539 

Falmouth,  town  of,  may  extend  its  water  works,  etc 249 

Farm  pond,  in  the  town  of  Cottage  City,  to  authorize  the  leasing  of        .        .  202 

Feeble-minded,  Massachusetts  School  for,  appropriation  for    ....  18 

to  provide  for  improvements  at 343 

Fenelon,  J.  Robert,  justice  of  the  peace,  to  legalize  certain  acts  of .         .        •  493 

Field  Memorial  Library,  act  of  incorporation  amended 38 

Fire  District,  Number  One,  in  the  town  of  Colrain,  established         .        .        .  238 

the  Great  Barriugton,  may  increase  its  water  supply       ....  177 

may  furnish  water  to  the  town  of  Egremont 347 

Fire  Insurance  Company,  the  Salisbury  and  Amesbury  Mutual,  relative  to       .  97 

Fire  marshal,  state,  appropriations  for  salaries  and  expenses  in  the  office  of  149 

office  abolished 98 

Fire  marshal's  department  of  the  district  police,  appropriations  for         .         .  193 
Firemen,  appropriation  for  payment  of  claims  arising  from  tlie  death  of          .  296 
engineers  and,  maintenance,  etc.,  of  apparatus  used  in  the  examina- 
tion of 525 

Firemen's  Association,  the  Massachusetts  State,  to  increase  the  annual  pay- 
ment to        ...... 72 

appropriation  for 148 

First  Congregational  Society  in  Bridgewater,  a  change  may  be  made  in  the 

boundary  line  of 162 

First  district  court  of  Barnstable,  salary  of  justice  established          .        .         .  243 
First  district  court  of  eastern  Worcester,  the  town  of  Northborough  to  be 

within  the  jurisdiction  of    .........  115 

Fish,  inspector  general  of,  office  abolished 96 

Fisheries,  appropriations  for  enforcement  of  the  laws  relative  to      .        .       224,  375 

taking  of  shellfish  in  the  town  of  Marion 64 

open  season  for  trout,  etc.,  established  in  certain  counties      ...  96 
to  permit  the  taking  of  sand  eels  in  the  Merrimac  and  Ipswich  rivers 

and  in  Plum  Island  sound  •        .         . 117 

Farm  pond  in  Cottage  City  may  be  leased  for  the  purpose  of  cultivating 

useful  fishes 202 


Ln^dex.  661 

PAGE 

Fisheries  and  game,  commissioners  on,  appropriations  for  compensation  and 

expenses  of 95 

duties  of  the  inspector  general  of  fish  transferred  to        ....  96 

may  issue  permits  for  taking  sand  eels  in  certain  rivei's,  etc.  .         ,         .  117 

authorized  to  make  certain  investigations          ......  127 

may  grant  a  lease  of  Farm  pond  in  Cottage  City  for  the  cultivation  of 

useful  fishes ,  202 

Fitchburg,  city  of,  to  pay  a  certain  sum  of  money  to  the  town  of  West- 
minster,          374 

Fitchburg  normal  school,  to  provide  for  a  dormitory  at 531 

Fitchburg  Railroad  Company,  provisions  affecting 422 

Foley,  Mary  A.,  the  city  of  Newton  may  pay  a  sum  of  money  to       .         .        .  147 

Ford,  Ellen,  in  favor  of 494 

Foreign  banking  associations,  etc.,  the  commissioners  of  savings  banks  may 

examine  the  affairs  of 372 

Foreign  carrying  trade,  taxation  of  vessels  engaged  in      ...        .       290,  291 
Foreign  corporations,  relative  to  the  payment  of  taxes  by        ...        .  2G9 
Foxborough  "Water  Supply  District,  may  increase  its  indebtedness  .        .         .  195 
Framingham,  town  of,  the  Lowell,  Acton  and  Maynard  Street  Railway  Com- 
pany may  operate  its  railway  in 228 

Framingham  normal  school,  improvements  at    ......        ,  494 

Framingham  Union  Street  Railway  Company,  may  act  as  a  common  carrier     .  200 

Francis  Wyman  Association,  incorporated 59 

Franklin  county,  to  establish  the  open  season  for  trout,  etc.,  in        ...  96 
exempt  from  provisions  of  law  requiring  counties  to  maintain  truant 

schools 185 

salary  of  sheriff  of,  established 277 

tax  granted  for 503 

Franklin  street,  in  the  Brighton  district,  widening  of 200 

Fraternal  beneficiary  corporations,  the  Boston  and  Maine  Railroad  Relief  As- 
sociation exempt  from  provisions  of  law  relative  to          .        .         .  157 
Free  public  library  commissioners,  appropriations  for  expenses  of   .        .         .  45 

French  spoliation  awards,  administration  of 285 

Fuller,  Mary  A.,  the  county  of  Berkshire  may  pay  a  sum  of  money  to      .         .  85 


G. 

Game,  to  forbid  the  shooting  of  quail  on  the  island  of  Nantucket    ...  52 

to  provide  for  the  better  protection  of 173 

law  relative  to  the  production  of  quail  in  Bristol  county,  amended         .  117 

Gardner,  town  of,  water  supply  for     .........  208 

Gas  and  electric  light  commissioners,  appropriations  for  salaries  and  expenses 

of 22,  273 

powers  and  duties  of  tlie  inspector  of  gas  meters  transferred  to     .        .  165 

Gas  meters,  inspectors  of,  appropriations  for  salaries  and  expenses  of     .        .  274 

office  abolished,  etc 165 


662  Index. 


Gates,  Winthrop  A.,  to  be  compensated  for  loss  sustained  by  the  taking  of 

certain  land 521 

Gaunt,  Ernest  H.,  ttie  town  of  Methuen  may  pay  a  sura  of  money  for  the  bene- 

tit  of 161 

General  court,  appropriations  for  compensation  of  members  of,  etc.        .         .  3 

law  relative  to  testifying  before,  amended 473 

joint  committee  of,  on  judiciary,  to  provide  new  furniture  for  the  room 

occupied  by 507 

General  laws,  tables  showing  changes  in 613 

Georgetown,  town  of,  the  Danvers  and  Georgetown  Street  Eailway  Company 

may  operate  its  railway  in 219 

the  Rockingham  County  Light  and  Power  Company  may  furnish  elec- 
tricity to  any  street  railway  company  operating  in    .        .         .        .  416 

Gilman,  Walter  H.,  in  favor  of   ....        « 534 

Girls,  industrial  school  for,  improvements  at 529 

Gloucester,  city  of,  may  borrow  money  for  extending  Rogers  street         .         .  184 

ward  eight  of,  may  be  divided  into  three  voting  precincts        .        .        .  272 
to  locate  and  define  the  boundary  line  between  the  town  of  Manchester 

and 295 

Governor,  inaugural  address  of 548 

special  messages  of 565 

Grade  crossings,  abolition  of ,  costs  and  expenses  in  proceedings  for        .        .  221 

law  relative  to,  amended 348 

relative  to  the  loans  for 421 

on  Austin  street,  time  for  filing  petitions  for  assessment  of  damages  in, 

extended 237 

in  the  city  of  Worcester,  relative  to 421 

Grafton  and  Upton  Railroad  Company,  may  contract  with  certain  street  rail- 
way companies  for  operation  of  their  roads,  etc 366 

Granby,  town  of,  the  Hampshire  Street  Railway  Company  may  act  as  a  com- 
mon carrier  in 220 

Grant,  Martha  Reese,  in  favor  of 523 

Granville,  town  of,  the  New  York  and  Berkshire  Street  Railway  Company 

may  construct  its  railway  through 383 

Great  Barrington,  town  of,  relative  to  the  water  supply  of       .        .         .        .  177 
the  New  York  and  Berkshire  Street  Railway  Company  may  construct 

Its  railway  through 383 

Great  Barrington  Fire  District,  may  increase  its  water  supply,  etc.          .        .  177 

may  supply  the  town  of  Egremont  with  water 347 

Greene,  Henry  Gardner,  resolutions  on  the  death  of 545 

in  favor  of  the  widow  of 532 

Greenfield,  town  of,  the  Conway  Electric  Street  Railway  Company  may  op- 
erate its  railway  in 223 

the  Greenfield  and  Deerfield  Street  Railway  Company  may  act  as  a  com- 
mon carrier  in 265 

Greenfield  and  Deerfield  Street  Railway  Company,  may  act  as  a  common  carrier  265 

Greylock  state  reservation,  to  provide  for  enlarging 426 


Index.  663 

PAGE 

Groveland,  town  of,  the  Rockingham  County  Light  and  Power  Company  may 

furnish  electricity  to  any  street  railway  company  operating  in         »  416 

Guam,  pupils  from,  to  be  received  in  the  state  normal  schools          .         .         .  521 

Guaranty  companies,  certain,  may  insure  against  loss  by  burglary,  etc.    .        .  256 

Guide  book,  of  the  state  house,  distribution  of  additional  copies  of.       *.        .  537 


H. 

Habeas  corpus,  relative  to  the  writ  of 245 

Hadley,  town  of,  water  supply  for 143 

Hadley  Water  Company,  incorporated 143 

Hamilton,  town  of,  water  supply  for 79 

Hampden  county,  to  establish  the  open  season  for  trout,  etc.,  in      .        .         .  96 

tax  granted  for 509 

Hampshire  county,  to  establish  the  open  season  for  trout,  etc.,  in    ...  96 
exempt  from  provisions  of  law  requiring  counties  to  maintain  truajot 

schools 185 

tax  granted  for 605 

Hampshire  Street  Railway  Company,  may  act  as  a  common  carrier  .        .        .  220 

Handel  and  Haydn  Society,  may  hold  additional  estate 51 

Harbor  and  laud  commissioners,  appropriations  for  salaries  and  expenses  of  .  31 

to  dredge  a  part  of  the  shore  of  South  Boston 334 

to  improve  the  channel  between  Vineyard  Sound  and  Osterville  bay      .  407 

to  improve  the  harbor  at  Apponagansett 423 

to  have  charge  of  the  expenditure  of  an  appropriation  for  reclaiming 

the  Province  Lands 425 

to  dispose  of  equipment  used  in  improvement  of  the  Connecticut  river  .  518 
to  make  a  survey  and  estimate  as  to  the  improvement  of  Cataumet 

harbor 523 

to  provide  for  printing  the  report  of,  relative  to  a  canal  from  Taunton 

river  to  Weymouth  Fore  river 527 

to  make  a  survey,  etc.,  of  Mount  Tom,  etc.,  as  state  reservations  .         .  540 
to  estimate  the  cost  of  improving  the  channel  from  Scorton  harbor  to 

Barnstable  bay 543 

Harbor  line,  of  the  city  of  Haverhill  on  the  Merrimac  river,  to  change  a  part 

of 234 

Harbors,  etc.,  appropriation  for  surveys  and  improvements  of          ...  72 

Harris,  Samuel  T.,  notary  public,  acts  legalized 638 

Harvard  College,  relative  to  the  election  of  the  board  of  overseers  of      .        .  177 
Hatfield,  town  of,  the  Deerfleld,  Whately  and  Hatfield  Street  Railway  Com- 
pany may  operate  its  railway  in 413 

Haverhill,  city  of,  charter  amended 127 

to  change  a  part  of  the  harbor  line  of,  on  the  Merrimac  river          .        .  234 
bridge  over  the  Merrimac  river  in,  the  draw-fender  pier  of,  to  be  re- 
built, etc 356 

the  Rockingham  County  Light  and  Power  Company  may  furnish  elec- 
tricity to  any  street  railway  company  operating  In    .        .        .        .  416 


064:  Index. 

PAGE 

Haverhill  and  Plaistow  Street  Railway  Company,  may  lease  its  railway  to  the 

Exeter,  Hampton  and  Amesbury  Street  Railway  Company       .         .  322 
Haverhill  and  Southern  New  Hampshire  Street  Railway  Company,  time  for 

construction  of  the  railway  of,  extended 429 

Hawkers,  pedlers,  etc.,  certain,  to  provide  for  licensing,  by  the  school  com- 
mittee of  the  city  of  Boston 442 

Hay  and  straw,  weighing  and  inspection  of,  relative  to 371 

Heads  of  departments,  relative  to  expenditures  by 492 

Health,  public,  care  of  persons  infected  with  diseases  dangerous  to,  law  rela- 
tive to,  amended 150 

compensation  to  cities  and  towns  for  care  of  persons  infected  with  dis- 
eases dangerous  to 156 

certain  information  in  the  interest  of,  to  be  published     ....  170 
Health,  state  board  of,  appropriations  for  salaries  and  expenses  in  the  office 

of         ....     ■ 66 

powers  and  duties  of  the  inspector  and  assayer  of  liquors  transferred  to  73 

to  publish  certain  information 170,195 

to  prohibit  the  discharge  of  sewage  into  Neponset  river  .         .        .         .  470 

to  investigate  the  subject  of  the  production  of  vaccine  lymph,  etc.         .  534 

Hearings,  before  legislative  committees,  publication  of  bulletin  of  .        .         .  491 

Heavy  artillery,  first  regiment  of,  equipment  for 507 

High  school  instruction,  certain  towns  to  be  reimbursed  for  expense  incurred 

in  furnishing                339 

Highway  commission,  appropriations  for  salaries  and  expenses  of  .        .         .  44 

construction  and  repair  of  highways  by 179 

Highways,  to  regulate  the  operation  of  automobiles,  etc.,  on    ....  235 

state,  construction  and  repair  of 179 

Hillman,  Samuel,  in  favor  of 497 

Holden,  town  of,  to  extend  the  time  in  which  it  may  accept  a  water  supply 

act 97,  284 

Hopkins,  John,  in  favor  of  the  widow  of 535 

Hospital,  for  dipsomaniacs,  etc.,  appropriations  for 365 

to  increase  the  number  of  trustees  of 470 

for  epileptics,  appropriations  for .         .  18,  42 

construction  of  new  buildings  at 323 

the  Peter  Bent  Brigham,  may  hold  real  and  personal  estate     .         .        .  330 

state,  appropriations  for  salaries  and  expenses  at 50 

to  provide  for  improvements  at 343 

the  Symmes  Arlington,  incorporated 103 

Hospital  Cottages    for   Children,    appropriation    for    the    support   of   state 

paupers  at 43 

Hospitals  and  asylums,  state,  relative  to  autopsies  in 330 

Hours  of  labor,  resolutions  relative  to 544 

House  of  representatives,  list  of  members  of 590 

Housebreaking,  to  provide  for  insuring  against  loss  by 256 

Hudson,  town  of,  may  refund  a  part  of  its  debt 69 

Hull,  town  of,  may  appropriate  money  for  watering  streets      ....  295 


Index. 


665 


Humphrey,  Abbie  F.,  the  city  of  Newton  may  pay  a  sura  of  money  to 
James,   the    county  of    Norfolk  may  pay  a    sum  of    money 

widow  of 

Husband,  surviving,  relative  to  the  rights  of      ....        . 
Hyde  Park  avenue,  in  the  city  of  Boston,  widening  of       .        .        . 


to  the 


FAOB 

147 

85 
389 
105 


I. 

Ice,  snow  and,  removal  of,  from  sidewalks  in  towns 

Ice  cream,  etc.,  relative  to  the  sale  of,  on  the  Lord's  day  . 

Inaugural  address  of  the  governor 

Index,  to  Revised  Laws,  compensation  of  person  making 

Indexes,  in  the  registry  of  deeds  for  SuflFolk  county,  relative  to 

Indigent  soldiers,  etc.,  provisions  of  law  relative  to  burial  of,  extended  to 

army  nurses 

extended  to  persons  who  served  in  the  Spanish-Amei'ican  war 
Industrial  school  for  girls,  appropriations  for  salaries  and  expenses  at 

improvements  at 

Ingalls,  Frederick  P.,  the  city  of  Boston  may  pay  a  sum  of  money  to  the 

widow  of 

Thomas,  the  city  of  Lowell  may  grant  a  pension  to 
Inland  waters,  appropriation  for  protecting  the  purity  of 
Insane,  state  colony  for,  appropriation  for 

to  provide  for  improvements  at 
Insane  asylum,  the  Medfleld,  appropriation  for  . 
construction  of  a  new  building  at,  etc. 
purchase  of  land  at         .... 
the  Worcester,  appropriation  for 
to  provide  for  improvements  at 
Insane  hospital,  the  Dan  vers,  appropriation  for 

improvements  at 

the  Northampton,  appropriation  for 

improvements  at 

the  Taunton,  appropriation  for 

improvements  at     ....        . 
the  Westborough,  appropriation  for 

improvements  at     ....        . 
the  Worcester,  appropriation  for 

improvements  at 

Insane  hospitals,  etc.,  amendment  to  law  relative  to  autopsies  in 
Insanity,  board  of,  appropriations  for  salaries  and  expenses  in  the  o 
Insectivorous  birds,  to  prohibit  the  holding  of  . 
Insignia,  of  labor  unions,  penalty  for  illegal  wearing  of   . 
Insolvency,  courts  of,  law  relative  to  jurisdiction  of,  amended 
Inspection,  of  certain  domestic  animals,  law  relative  to,  amended 
of  hay  and  straw,  law  relative  to,  amended 


fflce 


of 


14& 

327 
548 
492 
332 

182 

216 

48 

529 

412 
147 

20 

43 
343 

25 
324 
542 

10 
343 

19 
342 

24 
501 

23 
528 

23 
343 

24 
638 
330 

35 

86 
336 
484 
234 
371 


666 


IXDEX. 


PAGE 

Inspector  of  gas  meters,  etc.,  office  abolished,  etc 165 

Inspector  general  of  fish,  office  abolished 96 

Inspector  and  assayer  of  liquors,  office  abolished 73 

Inspectors  of  animals,  appropriation  for  compensation  of         ....  34 

Inspectors  of  gas  meters,  appropriations  for  salaries  and  expenses  of     .         .  274 

Institute,  of  Technology,  the  Massachusetts,  appropriation  for        ...  8 

the  Worcester  Polytechnic,  appropriation  for 8 

Institutions,  state,  improvements  and  additions  at 341 

Institutions  for  savings,  may  invest  in  the  bonds  of  certain  street  railway 

companies * .         .        .         .  389 

the  Provident,  may  hold  additional  estate 61 

the  Suffolk  Savings  Bank,  may  hold  additional  estate      ....  64 

Instruction,  in  riding,  to  the  mounted  militia,  to  provide  for  giving         .        .  520 

Insurance,  life,  law  relative  to,  amended 71 

against  loss  by  burglary,  theft  or  housebreaking,  certain  companies 

may  do  the  business  of 256 

against  loss  on  account  of  injuries,  etc.,  caused  in  operating  street 
railways,  the  Bay  State  Accident  Association  authorized  to  do  the 

business  of 315 

the  New  England  Kailway  Assurance  Company  authorized  to  do  the 

business  of 300 

Insurance  commissioner,  appropriations  for  salaries  and  expenses  in  the  office 

of 25 

Insurance  Company,  Columbian  National  Life,  incorporated     ....  360 

the  Salisbury  and  Amesbury  Mutual  Fire,  relative  to       ....  97 

Intoxicating  liquors,  relative  to  fees  for  licenses  to  sell 122 

to  provide  for  local  option  in  the  city  of  Boston  as  to  granting  licenses 

for  the  sale  of 391 

Ipswich,  town  of,  may  pay  a  sum  of  money  to  the  estate  of  George  P.  Smith  .  160 

may  pay  a  sum  of  money  to  Newell  M.  Jewett 387 

Ipswich  river,  sand  eels  may  be  taken  from 117 

Itinerant  vendors,  law  relative  to  sales  by,  amended 476 


J. 


Jamaica  Savings  Bank,  incorporated 

Jarvis,  "William  H.,  in  favor  of  the  widow  of 

Jewett,  Newell  M.,  the  town  of  Ipswich  may  pay  a  sura  of  money  to 
Judgment  and  execution,  certain  provision  of  law  relative  to,  amended 
Judicial  department,  appropriation  for  salaries  and  expenses  in 

list  of  persons  comprising 

Judiciary  committee,  to  provide  new  furniture  for  the  room  occupied  by 
Junk  collectors,  cities  and  towns  may  regulate  and  license 

Jury  duty,  exemptions  from 

Justice,  first  district  court  of  Barnstable,  salary  established 
second  district  court  of  Plymouth,  salary  established 
second  district  court  of  eastern  "Worcester,  salary  established 
Justices,  associate,  superior  court,  to  provide  for  increasing  the  number  of 


104 
540 
387 
487 
12 
606 
507 
134 
408 
243 
278 
294 
297 


Index.  667 

PAGE 

Justices  of  the  peace,  Collins,  John  J.,  to  legalize  certain  acts  of     .        .        .       493 

Fenelon,  J.  Robert,  to  legalize  certain  acts  of 493 

Pelletier,  Joseph  C,  to  legalize  certain  acts  of 632 


Keefe,  Thomas,  the  city  of  Everett  may  pay  a  sura  of  money  to  the  widow  of      374 
Kidney,  John  A.,  the  city  of  Boston  may  pay  a  sum  of  money  to  the  widow  of      188 


L. 

Labelling,  of  baking  powders,  relative  to 469 

Labor,  laws  relating  to,  to  be  printed  and  distributed 507 

hours  of,  resolutions  relative  to 644 

law  relative  to,  in  certain  establishments,  amended      ....  344 

Labor  unions,  penalty  for  the  illegal  wearing  of  the  insignia  of         .         .         .  336 

Laborers,  employment  of,  law  relative  to,  amended 473 

Lagoon  pond,  the  towns  of  Cottage  City  and  Tisbury  may  grant  licenses  to 

plant  and  grow  oysters  in 137 

LakeviUe,  town  of,  may  unite  with  certain  other  towns  in  employing  a  super- 
intendent of  schools 64 

Land,  sold  for  taxes,  redemption  of 357 

Land  registration,  court  of,  appropriations  for  salaries  and  expenses  in  .         .  28 

appeals  from 370 

Lang,  Josephine  E.  0.,  the  city  of  Boston  may  pay  a  sum  of  money  to     .        .  172 
Lawrence,  city  of,  to  provide  better  accommodations  for  the  courts,  etc.,  of 

the  county  of  Essex  at 47 

the  county  of  Essex  to  pay  annually  a  certain  sura  of  money  for  the  use 

of  the  law  library  at 279 

the  street  commissioner  to  lay  drains,  etc.,  in 388 

the  Rockingham  County  Light  and  Power  Company  may  furnish  elec- 
tricity to  any  street  railway  company  operating  in     .         .        .         .  416 
Lawrence  Bar  Association,  the  county  of  Essex  to  annually  pay  a  certain  sura 

of  money  to 279 

Lawrence  and  Methuen  Street  Railway  Company,  time  for  construction  of  the 

railway  of,  extended 429 

Leary,  Honora,  the  city  of  Boston  may  pay  a  sum  of  money  to         •        .        .  218 

Legislation,  tables  showing  changes  in 613 

Legislative  department,  list  of  members  of 688 

Legislature.     (See  "  General  court.") 

Leicester,  town  of,  the  Worcester  and  Southbridge  Street  Railway  Company 

may  act  as  a  common  carrier  in 183 

Lenox,  town  of,  the  Berkshire  Street  Railway  Company  may  act  as  a  common 

carrier  in 184 

Letter  carriers,  resolutions  relative  to  an  increase  of  pay  of      .         .        .        .  546 

Lexington,  town  of,  additional  water  supply  for 116 

Libels  for  divorce,  court  may  issue  writ  of  habeas  corpus  in  certain  cases  of  .  245 


6(58  Iia)Ex. 


PAGE 

License,  as  a  registered  pharmacist,  when  revoked  action   may  be  recon- 
sidered            244 

Licenses,  to  junk  collectors,  cities  and  towns  may  grant 134 

liquor,  relative  to  fees  for 122 

in  the  city  of  Boston,  the  right  of  local  option  granted  to  the  several 

districts  in 391 

Life  insurance,  law  relative  to,  amended 71 

Life  Insurance  Company,  Columbian  National,  incorporated     ....  360 

Lincoln,  town  of,  additional  water  loan  for 253 

Liquor  licenses,  relative  to  fees  for 122 

granting  of,  in  the  city  of  Boston,  to  provide  for  local  option  for          .  391 

Liquors,  inspector  and  assayer  of,  office  abolished 73 

Little's  bridge,  in  the  towns  of  Marshfleld  and  Scituate,  completion  of    .        .  194 

Loan  and  Trust  Company,  the  Massachusetts,  name  changed    ....  171 

Loans,  for  the  abolition  of  grade  crossings,  transfer  of 421 

Local  option,  so-called,  granted  to  the  several  districts  in  the  city  of  Boston, 

concerning  the  issue  of  liquor  licenses 391 

Locations,  of  street  railway  companies,  relative  to 316 

to  become  void  in  case  companies  fail  to  organize 316 

railroad  commissioners  to  approve  grants  of 318 

Lord's  day,  relative  to  the  sale  of  ice  cream,  etc.,  on        ....         .  327 

Lowell,  city  of,  licensing  of  money  lenders  in 106 

may  pension  a  former  police  officer 147 

may  supply  water  to  the  town  of  Chelmsford 255 

may  supply  water  to  the  town  of  Dracut 320 

the  Rockingham  County  Light  and  Power  Company  may  furnish  elec- 
tricity to  any  street  railway  company  operating  in    .         .        .         .  416 
police  court  of,  repayment  of  a  sum  of  money  to  the  clerk  of         .        .  492 
may  raise  and  appropriate  money  for  the  Lowell  Textile  School     .         .  496 
Lowell,  Acton  and  Maynard  Street  Railway  Company,  may  operate  its  railway 

in  certain  towns 223 

Lowell  Textile  School,  relative  to  private  contributions  for      ....  78 

in  favor  of 496 

to  provide  a  heating  and  ventilating  plant  for 497 

Luce  bill,  so-called 467 

Lumber,  relative  to  the  survey  of 385 

Lyman  school  for  boys,  appropriations  for  salaries  and  expenses  at         .        .  48 

disposal  of  sewage  at 529 

improvements  at 541 


M. 

Maiden,  city  of,  may  make  certain  sewer  assessments 105 

sale  or  exchange  of  land  taken  for  park  purposes  in         ...        .  122 
Manchester,  town  of,  to  locate  and  define  the  boundary  line  between  the  city 

of  Gloucester  and 296 


Index.  669 

PAGE 

Manchester  harbor,  the  act  to  provide  access  to,  under  the  tracks  of  the  Bos- 
ton and  Maine  Railroad,  repeal  of       119 

Manual,  of  school  laws,  to  provide  for  the  publication  of 528 

Manufacturers  Mutual  Casualty  Company,  relative  to        ....         •  160 
Manufacturing  corporations  : 

American  Linen  Company,  may,  with  tlie  Merchants  Manufacturing 

Company,  jointly  operate  print  works 319 

American  Woolen  Company,  may  fui'nish  electric   light,  etc.,  to  the 

town  of  Maynard 267 

Merchants  Manufacturing  Company,  may,  with   the  American  Linen 

Company,  jointly  operate  print  works 319 

Tremont  Nail  Company,  the  Onset  Water  Company  may  acquire  cer- 
tain property  of 325 

Manufacturing  establishments,  employees  of,  to  be  supplied  with  drinking 

water 244 

time  allowed  to,  for  voting 297 

law  relative  to  employment  of  women  and  children  in,  amended     .        .  344 

Marblehead,  town  of,  may  take  Nick's  cove  for  a  town  landing,  etc.        .         .  249 

Margerum,  Frederick  C,  in  favor  of  .     ' 517 

Marion,  town  of,  taking  of  shellfish  in 64 

Marlborough,  city  of,  water  courses  and  drainage  in 167 

Marriage,  court  may  issue  writ  of  habeas  corpus  in  certain  cases  of  applica- 
tion for  nullity  of 245 

Marriage  ceremony,  penalty  for  advertising  regarding  the  performance  of       .  182 

Marriages,  preservation  of  certain  town  records  of  .        .   '     .        .        .         .  379 

void,  relative  to  the  issue  of 232 

Married  women,  signing  of  instruments  by  certain 387 

Marshfield,  town  of,  completion  of  Little's  bridge  in 194 

Martin,  Augustus  P.,  the  city  of  Boston  may  pay  a  sum  of  money  to  the  widow 

of 428 

Massachusetts  Agricultural  College,  appropriations  for 32,  43 

to  provide  a  heating  and  lighting  plant  at 522 

to  provide  for  the  expense  of  the  baud  of,  etc. 526 

to  consider  the  question  of  producing  vaccine  lymph  at  .        .        .         .  539 
the  trustees  of,  may  borrow  a  certain  sum  of  money        ....  536 
Massachusetts  Charitable  Eye  and  Ear  Infirmary,  in  favor  of   .         .        .         .  493 
Massachusetts   highway   commission,    appropriations    for    salaries    and    ex- 
penses of 44 

construction  and  repair  of  highways  by 179 

Massachusetts  hospital  for  dipsomaniacs,  etc.,  appropriations  for  .         .        .  365 

to  increase  the  number  of  trustees  of 470 

Massachusetts  hospital  for  epileptics,  appropriations  for 18,  42 

construction  of  new  buildings  at 323 

Massachusetts  Institute  of  Technology,  appropriation  for         ....  8 
Massachusetts  Loan  and  Trust  Company,  name  changed  to  Massachusetts 

Trust  Company 171 

Massachusetts  nautical  training  school,  appropriations  for  expenses  of  .         .  34 

additional  expenditure  by  the  commissioners  of 533 


670 


In^dex. 


PAGE 

Massachusetts  reformatory,  appropriations  for  salaries  and  expenses  at .        .        65 

purchase  of  books  for  the  library  at 500 

to  provide  for  an  examination  of  the  water  supply  of      ...        .      638 
Massachusetts  School  for  the  Feeble-minded,  appropriation  for        ...        18 

to  provide  for  improvements  at 343 

Massachusetts  School  Fund,  appropriation  for 21 

appropriation  for  payment  of  premiums  on  securities  purchased  for      .  7 

Massachusetts  soldiers  and  sailors,  etc.,  appropriation  for  publication  of  a 

record  of     

Massachusetts  State  Firemen's  Association,  to  increase  the  annual  payment  to 

appropriation  for 

Massachusetts  state  sanatorium,  appropriation  for 

improvements  at 

Massachusetts  Steamship  Company,  incorporated, 
Massachusetts  Trust  Company,  name  established 
Massachusetts  volunteer  militia,  discharge  of  enlisted  men  from 

purchase  of  equipment  for  the  first  regiment  of  heavy  artillery  In  . 

to  provide  for  giving  instruction  in  riding  to  certain  members  of  . 

to  provide  for  a  team  of,  to  attend  the  international  rifle  match  in  New 
Jersey  

medals  to  be  furnished  to  certain  members  of,  who  served  in  the  civil 

war 520,  535 

Master  in  chancery,  Walter  H.  Southwick,  to  legalize  certain  acts  of       .        .       495 
Maynard,  town  of,  the  American  Woolen  Company  may  furnish  electric  light  to      267 

McDonald,  Alexander,  in  favor  of  the  wife  of 

McGee,  Mary,  the  city  of  Boston  may  pay  a  sum  of  money  to  . 
McSweeney,  Eugene  G.  and  Ellen,  to  extend  the  time  in  which  petitions  may 
be  filed  by,  on  account  of  taking  of  land  for  the  Revere  Beach 

parkway 

Measures,  weights  and,  law  relative  to,  amended 

Mechanical  establishments,  time  allowed  to  employees  of,  for  voting 

law  relative  to  employment  of  women  and  children  in,  amended 
Medfield  insane  asylum,  appropriation  for  the  support  of  .... 

construction  of  a  new  building  at,  etc 324 

purchase  of  land  at ,     .  .      642 

Medford,  city  of,  may  borrow  money  for  park  purposes 254 

Medicine,  board  of  registration  in,  to  establish  the  salaries  of  the  members  of      419 

appropriations  for  salaries,  etc.,  of  the  members  of  ...  . 
Medway,  town  of,  to  extend  the  time  for  beginning  work  on  its  water  system 
Melrose,  city  of,  filling  vacancies  in  the  board  of  aldermen  of  . 

may  make  an  additional  water  loan 328 

may  borrow  money  for  constructing  a  system  of  surface  drainage         .      358 
Memorial,  of  Roger  Wolcott,  may  be  placed  in  the  state  house,  etc.        .        .      493 

to  soldiers  who  took  part  in  the  siege  of  Vicksburg,  to  provide  for  the 

erection  of 498 

Memorials,  of  persons  who  served  in  the  Spanish-American  war,  cities  may 

appropriate  money  for 208 


27 
72 
148 
50 
538 
263 
171 
113 
507 
520 

630 


494 
174 


530 
469 
297 
344 
25 


438 

85 

172 


Index.  671 


PAGE 

297 
317 
319 


Mercantile  establishments,  time  allowed  to  employees  of,  for  voting 
Merchandise,  penalty  for  misrepresentation  in  the  sale  of  .        .        . 

Merchants  Manufacturinjj  Company,  may  operate  print  works,  etc. 
Merrimac,  town  of,  the  Roclcingham  County  Light  and  Power  Company  may 

furnish  electricity  to  any  street  railway  company  operating  in                .  416 

Merrimac  river,  sand  eels  may  be  taken  from 117 

to  change  a  part  of  the  harbor  line  of  the  city  of  Haverhill  on        .        .  234 
relative  to  the  expense  of  rebuilding  the  bridge  over,  between  Newburj'- 

port  and  Salisbury 280 

bridge  over,  in  Haverhill,  the  draw-fender  pier  of,  to  be  rebuilt,  etc.      .  356 

Messages,  special,  of  the  governor 565 

Messengers,  for  the  executive  department,  appointment  of       ...        .  437 
Methuen,  town  of,  may  pay  a  sura  of  money  for  the  benefit  of  Ernest  H.  Gaunt  161 
the  Rockingham  County  Light  and  Power  Company  may  furnish  elec- 
tricity to  any  street  railway  company  operating  in   .         .         .        .  416 
Metropolitan  park  commissioners,  to  establish  the  salaries  of  .        .        .        .  49 

Increasing  amount  of  money  at  the  disposal  of 123 

Metropolitan  parks  district,  relative  to  the  payment  of  certain  assessments  by 

cities  and  towns  in 246 

Metropolitan  sewerage  works,  to  fix  the  time  when  property  may  be  taken  for  68 
Metropolitan  water  and  sewerage  board,  to  fix  the  time  when  property  may 

be  taken  by 68 

may  furnish  water  to  sections  of  certain  cities  and  towns        .        .         .  137 

to  provide  for  the  measurement  of  water  supplied  to  cities  and  towns  by  301 

protecting  the  purity  of  water  by 458 

to  investigate  the  matter  of  the  improvement  of  Spot  Pond  brook         .  536 

Middlesex  county,  third  assistant  clerk  of  the  courts  for,  salary  established   .  277 

tax  granted  for 510 

Milford,  HoUiston  and  Framingham  Street  Railway  Company,  may  contract 
with  certain  other  railway  companies  for  operation,  sale  or  lease 

between 366 

Milford  and  Uxbridge  Street  Railway  Company,  may  contract  with  certain 

other  railway  companies  for  operation,  sale  or  lease  between  .        .  366 

Military  expenses,  appropriation  for 59 

Military  organizations,  exemptions  from  jury  duty  of  members  of   .        .        .  408 

Militia,  discharge  of  enlisted  men  from 113 

purchase  of  equipment  for  the  first  regiment  of  heavy  artillery  in  .        .  507 

law  relative  to,  amended 408 

to  provide  for  a  team  of,  to  attend  the  international  rifle  match  in  New 

Jersey 530 

medals  to  be  furnished  to  certain  members  of,  who  served  in  the  civil 

war 520,  535 

to  provide  for  giving  instruction  in  riding  to  certain  members  of  .         .  520 
Millers  Falls  Water  Supply  District,  to  extend  the  limits  of      ...         .  414 
Millis,  town  of,  may  unite  with  certain  other  towns  in  employing  a  superin- 
tendent of  schools 93 

Millville  Cemetery  Association,  incorporated 157 


672 


Index. 


FAGE 

Milton,  town  of,  water  supplj- for 224 

Milton  Water  Company,  inaj^  be  purchased  by  the  town  of  Milton     .         .        .       229 
Minor  children,  etc.,  of  members  of  police  departments,  certain  cities  may  pay 

annuities  to 345 

Minors,  law  relative  to  the  care  and  custody  of,  amended         ....       382 

employment  of,  law  relative  to,  amended 132 

under  sixteen,  not  to  be  in  charge  of  an  elevator 269 

Minute-men  of  18G1,  to  provide  for  medals  for 520,  535 

Miscellaneous  expenses,  appropriations  fur         .        .        .66,  152,  257,  375,  443,  488 
Misrepresentation,  in  the  sale  of  mercliandise,  penalty  in  cases  of    .        .         .       317 

Mitchell,  Charles  E.,  in  favor  of 518 

Moderators  of  town  meetings,  may  be  elected  for  the  term  of  one  year     .        .       266 
Monterey,  town  of,  the  New  York  and  Berlishire  Street  Railway  Company 

may  construct  its  railway  through     .......      383 

Monument,  on  Dorchester  Heights,  completion  of,  etc.     .        .        .        133,  495,  529 


Mooney,  William  L.,  in  favor  of  the  father  of 

Mortgaged  real  estate,  law  relative  to  taxation  of,  amended     .        .         .        . 
Motor  vehicles,  etc.,  to  regulate  the  speed  and  operation  of     . 

Mount  Nonotuclv,  a  survey  of,  to  be  made,  etc 

Mount  Tom,  a  survey  of,  to  be  made,  etc 

Mount  Wachusett  Street  Railway  Company,  time  for  completing  the  road  of, 

extended      

Mount  Washington,  town  of,  the  New  York  and  Berkshire  Street  Railway 

Company  may  construct  its  railway  through     .... 
Municipal  court,  Boston,  certain  officers  of,  to  wear  uniforms 

Brookline,  salary  of  clerk,  established 

Murphy,  Bai-tholomew  J.,  the  city  of  Boston  may  pay  a  sum  of  money  to 
JMutual  Casualty  Company,  the  Manufacturers,  relative  to  .  .  . 
Mutual  Fire  Insurance  Company,  the  Salisbury  and  Amesbury,  relative  to 


534 
73 
235 
540 
540 

133 

383 
284 
222 
187 
160 
97 


Nahant,  town  of,  the  United  States  may  acquire  a  certain  tract  of  laud  in       .  289 
Names  changed,  of  corporations,  etc.  : 

Democratic  social  party 37 

Massachusetts  Loan  and  Trust  Company 171 

Perkins  Street  Baptist  Society  in  Somerville 161 

Names  of  persons  changed,  by  the  probate  courts 575 

Nautasket  Beach  reservation,  appropriation  for  the  care  of       ....  46 

Nantucket,  island  of,  to  forbid  quail  shooting  on,  etc 52 

Nashua  river,  relative  to  protecting  the  purity  of  the  water  of         .         .         .  458 

Natick,  town  of,  may  borrow  money  for  sewer  purposes 248 

may  enlarge  its  system  of  water  supply 301 

Nautical  training  school,  appropriations  for  expenses  of 84 

additional  expenditure  by  the  commissioners  of 633 


Index. 


673 


Navy  yards,  of  the  United  States,  resolutions  relative  to  the  construction  of 

war  vessels  in 

Needham,  town  of,  additional  water  loan  for 

Neponset  river,  to  prohibit  the  pollution  of        .        .         . 

New  Ashford,  town  of,  to  be  reimbursed  for  expense   of   repairing   certain 

highways 

New  Bedford,  city  of,  the  New  Bedford  and  Onset  Street  Railway  Company 

may  operate  its  railway  in 

board  of  public  works  in,  abolished  .         ....... 

may  raise  and  appropriate  money  for  the  use  of  the  New  Bedford  Tex 

tile  School 

New  Bedford  and  Onset  Street  Railway  Company,  may  operate  its  railway 

etc.,  in  Fairhaven  and  New  Bedford 

New  Bedford  Textile  School,  in  favor  of 

New  England  Industrial  School  for  Deaf  Mutes,  in  favor  of     .         .        . 
New  England  Railway  Assurance  Company,  incorporated 
New  York  and  Berkshire  Street  Railway  Company,  incorporated 
Newbury,  town  of,  the  city  of  Newburyport  may  supply  water  to     . 

the  Rockingham  County  Light  and  Power  Company  may  furnish  elec 
tricity  to  any  street  railway  company  operating  in 
Newburyport,  city  of,  may  supply  the  town  of  Newbury  with  water 

may  borrow  money  for  school  pui'poses 

bridge  over  the  Merrimac  river  between  the  town  of  Salisbury  and,  rela 

tive  to  the  expense  of  rebuilding 

the  Rockingham  County  Light  and  Power  Company  may  furnish  elec- 
tricity to  any  street  railway  company  operating  in    . 
Newton,  city  of,  may  pay  a  sum  of  money  to  Abbie  F.  Humphrey 

may  pay  a  sum  of  money  to  Mary  A.  Foley 

term  of  oflfice  of  the  mayor  of 

term  of  office  of  assessors  in      ........ 

may  lay  drains  in  a  part  of  the  city  of  Boston  .... 

Nick's  cove,  in  the  town  of  Marblehead,  may  be  taken  for  a  public  landing 
Nominations,  of  candidates  for  certain  elective  offices,  relative  to    . 
Non-residents,  relative  to  the  payment  of  taxes  assessed  upon  . 
Norfolk,  town  of,  may  unite  with  certain  other  towns  in  employing  a  super 

intendent  of  schools 

Norfolk  county,  may  pay  a  sum  of  money  to  the  widow  of  James  Humphrey 
certain  old  records  of,  to  be  deposited  with  the  clerk  of  the  courts  oi 
Essex  county       ........ 

construction  of  a  registry  of  deeds  building  for,  in  Dedham 

tax  granted  for 

Normal  school,  at  Bridgewater,  additional  land  for  the  use  of 
at  Fitchburg,  to  provide  for  a  dormitory  at 
at  Framingham,  improvements  at      .... 
at  North  Adams,  to  provide  for  a  dormitory  at 
at  Westfleld,  repairs  and  improvements  at 
to  provide  for  a  new  dormitory  at  .        .         . 


674 


IXDEX. 


PAGE 

Normal  school,  at  Worcester,  to  provide  a  chemical  department  for        .        .  524 

Normal  schools,  pupils  from  other  states  and  countries  to  be  received  in          .  521 

North  Adams  normal  school,  to  provide  for  a  dormitory  at       ...        .  531 

North  Metropolitan  System  of  Sewerage,  appropriation  for      ....  35 

Northampton,  city  of,  additional  water  loan  for 40 

may  refund  certain  debts 91 

the  Deerfleld,  Whately  and  Hatfield  Street  Railway  Company  may  operate 

Its  railway  in 413 

Northampton  insane  hospital,  appropriation  for  the  support  of         ...  24 

certain  improvements  at 501 

Northborough,  town  of,  included  in  the  jurisdiction  of  the  first  district  court 

of  eastern  Worcester 115 

Notary  public,  Samuel  T.  Harris,  acts  legalized 538 

Nursery  inspector,  state,  appointment  of 410 


o. 

O'Flaherty,  Elizabeth  M.,  the  city  of  Boston  may  pay  a  sum  of  money  to 
Oak  Grove  Cemetery  in  Fall  River,  may  be  discontinued  .... 
Officers,  of  the  municipal  court  of  Boston,  to  provide  uniforms  for 

Officials,  state,  relative  to  expenditures  by 

Old  Colony  Railroad  Company,  relative  to  the  taxation  of        .        .        . 

may  purchase  or  talse  certain  land  in  South  Boston,  etc. 
Old  Colony  Street  Railway  Company,  provisions  afiecting 

may  lease  its  road  to  certain  other  street  railway  corporations 

Old  Home  Week,  so-called,  established 

Onset  Water  Company,  to  extend  the  powers  of 

Osterville  bay,  to  improve  the  channel  between  Vineyai'd  Sound  and 

Otis,  town  of,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 

Overseers  of  the  poor,  in  cities,  to  be  elected  for  three  years     . 
Ownership  of  certain  real  estate,  law  relative  to  record  of,  amended 
Oxford,  town  of,  the  Worcester  and  Southbridge  Street  Railway  Company 

may  act  as  a  common  carrier  in 

Oysters,  to  provide  for  planting  and  growing,  in  Lagoon  pond 


175 
246 
284 
492 
130 
293 
243 
299 
73 
325 
407 

383 

357 

74 

183 
137 


P. 

Pardons  granted  in  1901,  list  of 

Park  commissioners,  the  metropolitan,  to  establish  the  salaries  of  . 

in  cities  and  towns,  law  relative  to  the  appointment  of,  amended 
Park  loan,  Fall  River 


665 
49 

475 
171 


Parks,  public,  the  city  of  Medford  may  borrow  money  for  the  purpose  of  ac- 
quiring land  for,  etc 254 

the  city  of  Somerville  may  take  land  for 418 


Index.  675 

PAGE 

Payment  of  wages,  law  relative  to,  amended 364 

Peabody,  town  of,  may  borrow  money  for  water  supply  purposes    .         .         .  399 
Pedlers,  etc.,  to  provide  for  the  licensing  of  certain,  by  the  school  committee 

of  the  city  of  Boston 442 

Pelletier,  Joseph  C,  justice  of  the  peace,  acts  legalized 532 

Pension  agent,  state,  appropriations  for  salaries  and  expenses  of     .        .         .  154 

office  abolished,  etc 139 

Perkins  Institution  and  Massachusetts  School  for  the  Blind,  appropriation  for  11 

instruction  of  the  adult- blind  at  their  homes  to  be  provided  by      .        .  221 
Perkins  Street  Baptist  Society  in  Somerville,  name  changed  to  the  East  Somer- 

ville  Baptist  Society  in  Somerville 161 

Personal  property,  repeal  of  law  requiring  assessors  to  specify  the  amount  of 

certain  classes  of 73 

Peru,  town  of,  in  favor  of 496 

Peter  Bent  Brigham  Hospital,  may  hold  real  and  personal  estate      .        .        .  330 

Pharmacist,  business  of,  may  be  continued  by  the  widow,  etc.          .         .        .  247 

Pharmacy,  appropriations  for  enforcing  the  law  to  regulate  the  practice  of     .  296 

board  of  registration  in,  may  reconsider  action  in  cases  where  licenses 

have  been  revoked,  etc 244 

to  establish  the  salaries  of  the  members  of 419 

appropriations  for  salaries,  etc.,  of  members  of 438 

Philippine  Islands,  pupils  from,  to  be  received  in  the  state  normal  schools       .  521 

Phillipston,  town  of,  in  favor  of 530 

Phinney,  Eliza  B. ,  to  extend  the  time  in  which  petition  may  be  filed  by,  on 

account  of  taking  of  land  for  the  Revere  Beach  parkway          .        .  530 

Physician  and  surgeon,  of  the  state  prison,  salary  established   ....  369 

Pike,  Caroline,  the  city  of  Boston  may  pay  a  sum  of  money  to         .         .        .  198 

Pipes,  wires,  etc.,  laid  in  streets  by  private  corporations,  relative  to  taxing     .  261 

Pittsfield,  city  of,  relative  to  the  Central  Block  in 175 

Pittsfleld  Electric  Street  Eailway  Company,  may  act  as  a  common  carrier        .  237 

Plum  Island  sound,  sand  eels  may  be  taken  from 117 

Plymouth  county,  to  complete  Little's  bridge  in  the  towns  of  Marshfleld  and 

Scituate 194 

sheriff  of,  salary  established 345 

clerk  of  the  courts  of,  salary  established 372 

tax  granted  for 513 

records  and  plans  of  the  Proprietors  of  Rochester  to  be  deposited  in  the 

registry  of  deeds  for 518 

Plymouth,  Carver  and  Wareham  Street  Railway  Company,  the  town  of  Carver 

may  invest  in  the  stock  or  bonds  of 250 

Plymouth  County  Railroad  Company,  to  extend  the  time  for  the  extension  of 

the  railway  of 65 

Police  court,  of  Holyoke,  salary  of  clerk  established 275 

of  Lowell,  repayment  of  a  sum  of  money  to  the  clerk  of         .        .         .  492 

of  Newburyport,  the  town  of  Rowley  included  within  the  jurisdiction  of  369 
Police  departments,  certain  cities  may  pay  annuities  to  the  widows  and  minor 

children  of  members  of 345 


676 


Index. 


Police,  district,  appropriations  for  salaries  and  expenses  of  ...  . 
powers  and  duties  of  the  fire  marshal  transferred  to  .  .  .  . 
fire  marshal's  department  of,  appropriations  for       .         .        .         .         . 

detective  department  of,  appointments  to 

boiler  inspection  department  of,  maintenance,  etc.,  of  apparatus  used  in 

Political  committees,  in  towns  and  in  wards  of  cities,  number  of  members 

of,  to  be  announced  in  the  call  for  the  meeting  at  which  they  are 

chosen  

Poll  taxes,  law  relative  to  abatement  of,  amended     .... 

Polytechnic  Institute,  the  "Worcester,  appropriation  for    . 

Porto  Pico,  pupils  from,  to  be  received  in  the  state  normal  schools  . 

Portraits,  of  state  auditors,  to  provide  for  collecting 

Power  brake,  upon  street  railway  cars,  the  question  of  the  use  of,  to  be  in 

vestigated 

Preferred  stock,  to  authorize  the  issue  of,  by  corporations 

Premiums,  on  securities  purchased  for  the  Massachusetts  School  Fund,  appro 

priation  for 

Printing,  state,  relative  to  the  contract  for 

Printing  and  binding  public  documents,  appropriations  for 
Prison,  reformatory,  appropriations  for  salaries  and  expenses  at 

purchase  of  books  for  the  library  at 

to  provide  for  an  examination  of  the  water  supply  of  . 
state,  appropriation  for  salaries  and  expenses  at      .         .        . 
physician  and  surgeon  of,  salary  established 

certain  repairs  at 

women's,  appropriations  for  salaries  and  expenses  at 

repairs  at 

Prison  commissioners,  appropriations  for  salaries  and  expenses  in  the 

of,  etc 

certain  probation  officers  to  report  to 

increasing  the  edition  of  the  report  of 

to  examine  into  the  water  supply  of  the  Massachusetts  reformatory 
Prisoners,  release  of,  upon  probation,  law  relative  to,  amended 
Prisons  and  Hospitals  Loan  Sinking  Fund,  appropriations  for  . 
Private  corporations,  relative  to  taxing  conduits,  etc.,  of 
Probate  courts,  to  have  jurisdiction  in  cases  of  French  spoliation  awards 

to  confirm  certain  proceedings  of 

law  relative  to  partition  of  lands  in,  amended 
Probation,  release  of  prisoners  upon,  law  relative  to,  amended 
Probation  officers,  certain,  to  make  report  to  the  board  of  prison  commissioners 
Property,  crimes  against,  certain  provision  of  law  relative  to,  repealed 

certain  provisions  of  law  relative  to,  amended 
Proprietors  of  the  Church  in  Brattle  Square,  may  transfer  certain  property  to 
the  Benevolent  Fraternity  of  Churches  in  Boston      .... 
Proprietors  of  the  Washington  street  Christian  Meeting-House  in  Fairhaven, 
may  convey  certain  property  to  the  Unitarian  Society  of  Fair- 
haven   


PAGE 

42 

98 

193 

326 

525 


163,  408 

63 

8 

521 

496 

499 
356 

7 
507 

33 

65 
500 
538 

26 
369 
500 

77 
527 


office 


26 

143 
194 
538 
164 

8 
261 
285 
468 
484 
164 
143 
.  485 
485-487 

331 


336 


Index.  677 

PAGE 

Providence  and  Fall  River  Street  Railway  Company,  may  act  as  a  common 

carrier 199 

Provident  Institution  for  Savings,  may  liold  additional  estate  ....  51 

Province  Lands,  appropriation  for  reclaiming 425 

Province  laws,  appropriations  for  the  publication  of 46 

Provincetown,  town  of,  a  memorial  of  the  landing  of  the  Pilgrims  to  be  erected 

at 542 

Provincetown  harbor,  reclamation  of  the  Province  lands  for  the  benefit  of      .  425 
Public  documents,  appropriations  for  printing  and  binding       ....  33 
report  of  the  board  of  prison  commissioners,  edition  increased      .         .  194 
Public  health,  law  relative  to  the  care  of  persons  infected  with  diseases  dan- 
gerous to,  amended,  etc 150,  156 

certain  information  in  the  interest  of,  to  be  published     ....  170 

Public  parks,  law  relative  to  the  appointment  of  commissioners  of,  amended  .  475 

Public  records,  custody  of  certain 233 

commissioner  of,  appropriations  for  salary  and  expenses  of  .        .        .  36 
Public  School  Teachers'  Retirement  Fund,  may  be  invested  in  bonds  of  the 

city  of  Boston 172 

Public  schools,  law  relative  to,  amended 339 

to  provide  for  an  investigation  of  the  method  of  supporting  .         .         .  537 

Public  works,  law  relative  to  assessments  for,  amended 417 

Publication,  state  board  of,  established 346 


Q- 

Quail,  relative  to  the  protection  of,  in  the  county  of  Bristol     ....  117 

to  forbid  the  shooting  of,  etc.,  on  the  island  of  Nantucket      ...  52 

Quincy,  city  of,  relative  to  the  fire  department  of 71 

additional  sewer  loan  for 181 


R. 

Railroad  commissioners,  appropriations  for  salaries  and  expenses  of       .        .  6 

to  approve  locations  granted  to  street  railway  companies        ,        .         .      318 

may  employ  experts 338 

to  investigate  the  question  of  the  use  of  the  power  brake  on  street  rail- 
way cars 499 

to  consider  the  advisability  of  requiring  street  railway  cars  to  be  fur- 
nished with  certain  equipment 522 

to  investigate  the  merits  of  fenders  used  upon  street  railway  cars  .      524 

to  investigate  matters  relating  to  the  transportation  of  passengers  in 

and  about  the  city  of  Boston 528 

Railroad  corporations  : 

Boston  and  Maine,  the  act  to  provide  access  for  boats  to  Manchester 

harbor  under  the  tracks  of,  repealed 119 


678  Index. 

PAGE 

Railroad  corporations —  Concluded. 

Boston  aud  Maine,  provisions  aftecting 156,  422 

Central  Massachusetts,  relative  to  taxation  of 156 

Fitchburg,  provisions  affecting 422 

Grafton  and  Upton,  may  contract  with  certain  street  railway  companies 

for  operation,  sale  or  lease  between 366 

Old  Colony,  relative  to  the  taxation  of      . 130 

may  purchase  or  talie  certain  land  in  South  Boston      ....  293 

Plymouth  County,  to  extend  the  time  for  the  extension  of  the  road  of  .  65 

Worcester,  Nashua  and  Rochester,  provisions  affecting  ....  422 

Railroad  inspectors,  etc.,  salaries  established 319 

Railroads,  grade  crossings  of,  law  relative  to,  amended,  etc.     .         .        221,  348,  421 
in  and  about  the  city  of  Boston,  relative  to  the  transportation  of  pas- 
sengers on 528 

Railway  Assurance  Company,  the  New  England,  incorporated  ....  300 

Raymond,  Ella,  in  favor  of 497 

Real  estate,  certain,  law  relative  to  record  of  Qwnership  of,  amended      .         .  74 

mortgaged,  law  relative  to  taxation  of,  amended 73 

Record,  of  soldiers  and  sailors,  etc.,  appropriation  for  publication  of      .        .  27 

of  ownership  of  certain  real  estate,  law  relative  to,  amended  ...  74 

Records,  of  civil  service  commissioners,  preservation  of 231 

public,  custody  of  certain 233 

in  towns,  of  births,  marriages  and  deaths,  preservation  of  certain  .         .  379 

public,  commissioner  of,  appropriations  for  salary  aud  expenses  of        .  36 

Records  and  plans,  of  the  Proprietors  of  Rochester,  relative  to  the  custody  of  518 

Redemption,  of  land  sold  for  taxes,  relative  to 357 

Reformatory  expenses,  appropriations  for 26 

Reformatory  prison,  appropriations  for  salaries  and  expenses  at      .        .        .  65 

to  authorize  the  purchase  of  books  for  the  library  of      ...         .  500 

examination  of  the  water  supply  of 538 

Reformatory  prison  for  women,  appropriations  for  salaries  and  expenses  at   .  77 

repairs  at 527 

Register  of  probate,  Bristol  county,  to  provide  additional  clerical  assistance  for  326 

Registers  of  deeds,  law  relative  to  approval  of  bond  of,  amended     .        .        .  475 

Registration  in  dentistry,  board  of,  to  establish  the  salaries  of  the  members  of  419 

appropriations  for  the  salaries  of 438 

Registration  in  medicine,  board  of,  to  establish  the  salaries  of  the  members  of  419 

appropriations  for  the  salaries  of 438 

Registration  in  pharmacy,  board  of,  may  reconsider  action  in  cases  where 

licenses  have  been  revoked 244 

to  establish  the  salaries  of 419 

appropriations  for  the  salaries  of 438 

Registry  of  deeds,  for  Suffolk  county,  relative  to  indexes  in      ...        .  332 

Release,  of  prisoners  upon  probation,  law  relative  to,  amended         .        .         .  164 
Religious  societies  : 

Benevolent  Fraternity  of  Churches,  in  Boston,  certain  property  may  be 

transferred  to 331 


Index. 


679 


Keligious  societies  —  Concluded. 

Berkeley  Street  Congregational,  may  convey  its  property  to  The  Con 

gregational  Church  Union  of  Boston  and  Vicinity     . 
East  Somerville  Baptist  Society  in  Somerville,  name  established 
First  Congregational,  in  Bridgewater,  to  authorize  the  changing  of  the 

boundary  line  of 

Perkins  Street  Baptist,  in  Somerville,  name  changed  to  the  East  Somer 

ville  Baptist  Society  in  Somerville 

Proprietors  of  the  Church  in  Brattle  Square,  may  transfer  certain  prop 

erty 

Proprietors  of  the  Washington  street  Christian  Meeting-House  in  Fair 

haven,  may  convey  certain  property  . 
Unitarian  Society  of  Fairhaven,  certain  property  may  be  transferred  to 
Report,  of  the  board  of  prison  commissioners,  increasing  the  edition  of . 
on  Charles  river  dam,  to  extend  the  time  for  making 

Reservations,  appropriations  for  the  care  of 46,50, 

Resolutions,  relative  to  amending  the  constitution  of  the  United  States  to  pro 

vide  for  regulating  hours  ftf  labor 

relative  to  constructing  a  canal  between  Weymouth  Fore  river  and 

Taunton  river 

on  the  death  of  representative  Henry  Gardner  Greene 

in  support  of  an  increase  of  pay  of  letter  carriers    .... 

relative  to  building  war  vessels  in  navy  yards  of  the  United  States 

Revere,  town  of,  may  refund  a  part  of  its  debt 

Revere  Beach  parkway,  to  extend  the  time  in  which  petitions  may  be  filed  for 

damage  on  account  of  the  taking  of  certain  land  for 
Revised  Laws,  to  supply  certain  omissions  from,  etc. 
printing  and  distributing  additional  copies  of  . 
preparation  of  index  to,  compensation  for 
tables  showing  changes  in         .... 

Richards,  Albin  M.,  in  favor  of 

Riding,  to  provide  for  giving  instruction  in,  to  the  mounted  militia 

Road-making  material,  transportation  of 

Rochester,  records  and  plans  of  the  Proprietors  of,  relative  to  the  custody  of 
Rochester,  town  of,  may  unite  with  certain  other  towns  in  employing  a  super 

intendent  of  schools 

Rockingham   County  Light  and  Power  Company,  may  furnish  electricity  to 

certain  street  railway  companies 

Rockport,  town  of,  additional  water  loan  for 

Rocks  bridge,  between  Haverhill  and  West  Newbury,  repair  of 
Rogers  street,  in  the  city  of  Gloucester,  extension  and  completion  of 
Rowley,  town  of,  included  within  the  judicial  district  of  the  police  court  of 

Newburyport 

Roxbury  Central  Wharf,  relative  to     . 

Royal  Arcanum,  may  admit  persons  between  eighteen  and  twenty-one  years  of 

age 

Russell,  Hannah  A.,  the  city  of  Boston  may  pay  a  sum  of  money  to 


323 
161 

162 

161 

331 

336 
336 
194 
533 
70,  279 

544 


544 
545 
546 
546 
161 

530 
473 
491 
492 
613 
543 
520 
213 
518 

64 

416 
335 
527 
184 

369 

384 

143 
335 


680 


Index. 


PAGE 

Russell,  town  of,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  tlirough 383 

Rutland,  town  of,  placed  within  the  jurisdiction  of  the  central  district  court 

of  Worcester 134 

Ryan,  John  P.,  in  favor  of 495 


s. 


Safe  Deposit  and  Trust  Company,  the  Salem,  incorporated 

Safety  device,  on  street  railway  cars,  investigation  of  the  value  of  the  power 

brake  as 

Salaries : 

metropolitan  park  commissioners 

mayor  of  the  city  of  Worcester 

clerk  of  the  municipal  court  of  Brookline 

justice  of  the  first  district  court  of  Barnstable 

clerk  of  the  police  court  of  Holyoke 

third  assistant  clerk  of  the  courts  for  Middlesex  county 

sherifi",  Franklin  county 

justice  and  clerk  of  the  second  district  court  of  Plymouth 

justice  and  clerk  of  the  second  district  court  of  eastern  Worcester 

railroad  and  railway  inspectors 

county  commissioners,  Essex  county 

sheriff,  Plymouth  county 

physician  and  surgeon  of  the  state  prison 

deputy  sealer  of  weights  and  measures     . 

clerk  of  the  courts,  Plymouth  county 

assistant  district  attorneys  for  the  Suffolk  district 

assistant  clerk  of  the  superior  court,  etc. 

members  of  the  boards  of  registration  in  medicine,  pharmacy  and 
tistry 

second  assistant  clerk,  superior  court,  county  of  Suffolk 

assistant  district  attorney,  eastern  district 
Sale,  of  ice  cream,  soda  water,  etc.,  on  the  Lord's  day,  relative  to 

of  merchandise,  penalty  for  misrepresentation  in 
Salem,  city  of,  the  county  of  Essex  may  acquire  land  in,  for  a  registry  of 
deeds  building,  etc 

the  Salem  Safe  Deposit  and  Trust  Company  incorporated  in  . 
Salem  Safe  Deposit  and  Trust  Company,  incorporated 
Salisbury,  town  of,  bridge  over  the  Merrimac  river  between  the  city  of 
buryport  and,  relative  to  the  expense  of  rebuilding  . 

the  Rockingham  County  Light  and  Power  Company  may  furnish 
tricity  to  any  street  railway  company  operating  in    . 
Salisbury  and  Amesbury  Mutual  Fire  Insurance  Company,  relative  to 
Sanatorium,  state,  appropriation  for 


den 


New 
elec 


203 

499 

49 
197 
222 
243 
275 
277 
277 
278 
294 
319 
326 
345 
369 
369 
372 
380 
414 

419 
426 
442 
327 
317 

192 
203 
203 

280 

416 
97 
60 


Index.  681 

PAGE 

Sanatoriums,  an  investigation  to  be  made  as  to  the  advisabilitj'  of  erecting 

additional 541 

Sand  eels,  may  be  taken  in  the  Merriraac  and  Ipswich  rivers,  etc.     .        .         .  117 
Sandisfleld,  town  of,  the  New  York  and  Berkshire  Street  Railway  Company 

may  construct  its  railway  through 383 

Sandwich,  town  of,  relative  to  improving  the  channel  from  Scorton  harbor  to 

Barnstable  bay  in 543 

Sandwich  Islands,  pupils  from,  to  be  received  in  the  state  normal  schools       .  521 

Sargent,  Charles  H.,  in  favor  of 499 

Savings  banks: 

Boston  Five  Cents,  may  hold  additional  estate 105 

Jamaica,  incorporated 104 

Provident  Institution  for  Savings,  may  hold  additional  estate        .        .  51 

Suffolk,  may  hold  additional  estate 64 

Savings  banks,  law  relative  to,  amended 119 

prohibited  from  occupying  rooms  connected  with  a  national  bank,  etc.  121 
certain  ofHcers  of,  prohibited  from  holding  a  like  office  in  a  national 

bank,  etc. 121 

may  invest  in  bonds  of  certain  street  railway  companies          .        .         .  389 

commissioners  of,  appropriations  for  salaries  and  expenses  of       .         .  10 
may  authorize  a  trust  company  to  maintain  a  branch  office  for  certain 

purposes 275 

may  examine  afl'airs  of  foreign  banking  associations,  etc.    .        .        .  372 

may  employ  an  additional  clerk 407 

chairman  of,  to  be  of  the  commission  to  revise  the  laws  relating  to 

trust  companies 532 

School  attendance,  law  relative  to,  amended 132,  477 

School  children,  appropriation  for  payment  of  tuition  of,  in  certain  cases        .  11 

School  laws,  to  provide  for  the  publication  of  a  manual  of       .        .         .        .  528 

School  purposes,  Beverly  may  borrow  money  for 332 

Newburyport  may  borrow  money  for 173 

Winchester  may  borrow  money  for 334 

School  Teachers'  Retirement  Fund,  may  be  invested  in  bonds  of  the  city  of 

Boston 172 

Schools,  public,  law  relative  to,  amended 339 

to  provide  for  an  investigation  of  the  method  of  supporting  .        .        .  537 

Scituate,  town  of,  additional  water  supply  for 101 

completion  of  Little's  bridge  in 194 

Scituate  Water  Company,  to  amend  the  charter  of 101 

Scorton  harbor,  relative  to  improving  the  channel  from  Barnstable  bay  to  .  543 
Scott,  Andrew  C,  may  be  pensioned  by  the  city  of  Boston  ....  224 
Second  assistant  clerk,  superior  court,  county  of  Suffolk,  salary  established  .  426 
Second  district  court  of  Plymouth,  salaries  of  justice  and  clerk  established  .  278 
Second  district  court  of  eastern  Worcester,  salaries  of  justice  and  clerk  estab- 
lished    294 

Secretary  of  the  Commonwealth,  appropriations  for  salaries  and  expenses  in 

the  office  of 17 


682 


Index. 


PAGE 

280 


Secretary  of  the  Commonwealth,  relative  to  the  clerical  force  in  the  office  of  . 
to  purchase  copies  of  certain  town  records  of  births,  marriages  and 

deaths 

to  declare  the  charters  of  certain  clubs  revoked 
to  print  additional  copies  of  the  Revised  Laws 
to  prepare  and  print  a  volume  of  special  laws  . 
Seminary,  Wheaton  Female,  may  hold  additional  estate 

Senate,  list  of  members  of 

Senatorial  districts,  Suffolk,  registration  of  voters,  etc.,  in  certain  wards  in   268,  425 

Sergeant-at-arms,  appropriations  for  the  salaries  of  employees  of,  etc.    .        .        28 

to  provide  new  furniture  for  the  room  occupied  by  the  joint  committee 

on  judiciary 507 

to  provide  rooms  for  use  in  the  examination  of  applicants  for  admission 

to  the  state  sanatorium 525 


380 
437 
491 
516 
46 
588 


Service  of  writs,  in  civil  matters,  law  relative  to,  amended  ....  484 
Settlement  of  estates  of  absentees,  law  relative  to,  amended  .  •  .  478-481 
Sewage  disposal  : 

Fall  River,  may  borrow  money  for  purposes  of 

Natick,  may  borrow  money  for  extending  its  system  of  . 

North  Metropolitan  System  of,  appropriation  for    . 

Quincy,  may  borrow  money  for  extending  its  system  of . 

South  Metropolitan  System  of,  appropriation  for    . 

Swampscott,  may  construct  a  system  of  . 
Sewer  loan  : 

Fall  River  . 

Natick 

Northampton 

Quincy 

Swampscott 
Sheep,  protection  of,  from  dogs 
Shellfish,  taking  of,  in  the  town  of  Marion 
Sheriff,  of  Frauklin  county,  salary  established 

of  Plymouth  county,  salary  established 
Sidewalks,  in  towns,  removal  of  snow  and  ice  from 
Signing,  of  instruments  by  married  women,  relative  to 
Smallpox,  law  relative  to  the  care  of  persons  infected  with,  amended 

compensation  to  cities  and  towns  for  care  of  persons  infected  with 
Smith,  George  P.,  the  town  of  Ipswich  may  pay  a  sum  of  money  to  the  estate  of 

Snow  and  ice,  removal  of,  from  sidewalks  in  towns 

Socialist  party,  name  established 

Societies  : 

Berkeley  Street  Congregational,  may  convey  its  property  to  TheCongre 
gational  Church  Union  of  Boston  and  Vicinity 

Boston,  of  Civil  Engineers,  may  hold  additional  estate   ... 

Bristol  County  Agricultural,  payment  of  a  bounty  to       .        .        . 

East  Somerville  Baptist,  in  Soraerville,  name  established 

First  Congregational,  in  Bridgewater,  change  in  the  boundary  line  of 


119 
248 

35 

181 

9 

52 

119 
248 

91 
181 

56 
163 

64 
277 
345 
149 
387 
150 
156 
160 
149 

37 


323 
115 
148 
161 

162 


Index. 


683 


to 


Societies  —  Concluded. 

Handel  and  Haydn,  may  hold  additional  estate 

Perkins  Street  Baptist,  in  Somervilie,  name  changed 

Unitarian,  of  Fairhaven,  certain  property  may  be  transferred 
Soda  water,  etc.,  relative  to  the  sale  of,  on  the  Lord's  day 
Soldiers,  etc.,  appropriations  for  payment  of  annuities  to 

appropriation  for  publication  of  a  record  of     . 

deceased,  relative  to  the  vpaiving  of  certain  claims  against  the  United 
States  on  account  of  the  burial  of      .        .        . 
Soldiers'  Home,  inmates  of,  may  vote  in  the  city  of  Chelsea 

in  favor  of  the  trustees  of 

Soldiers'  relief,  etc.,  provisions  of  law  relative  to,  extended  to  army  nurses 
Somerset,  town  of,  relative  to  the  construction  of  a  bridge  over  Taunton  Great 

river  between  Fall  River  and 

Somervilie,  city  of,  the  Perkins  Street  Baptist  Society  in,  name  changed 

may  take  land  for  a  public  park         .... 
Song  birds,  to  prohibit  the  holding  of         ...        . 
South  Bay  Company,  to  change  the  capital  stock  of 
South  Boston,  relative  to  B  and  C  streets  in,  and  to  the  sale  of  certain  land 

to  provide  for  dredging  a  part  of  the  shore  of 

South  Deerfield,  water  supply  for 

South  Deerfield  "Water  Supply  District,  established    . 

South  Fraraingham,  sale  of  certain  land  at 

South  Hadley,  town  of,  transfer  of  certain  funds  in  • 

the  Hampshire  Street  Railway  Company  may  act  as  a  common  carrier 
in  .         .  


may  grant  certain  land  for  a  public  library 

South  Metropolitan  System  of  Sewage  Disposal,  appropriation  for  . 

Southbridge,  town  of,  the  Worcester  and  Southbridge  Street  Railway  Com 
pany  may  act  as  a  common  carrier  in 

Southwick,  town  of,  the  New  York  and  Berkshire  Street  Railway  Company 
may  construct  its  railway  through 

Southwick,  Walter  H.,  master  in  chancery,  to  legalize  certain  acts  of 

Spanish-American  war,  cities  may  appropriate  money  for  memorials  to  per 

sons  who  served  in 

persons  who  served  in,  made  eligible  to  the  provisions  of  law  relative 

to  the  burial  of  indigent  soldiers,  etc 

to  provide  for  the  appointment  of  commissioners  to  prepare   testi 

monials  for 

payment  of  money  to  certain  persons  who  served  in        .        .        . 

Special  commissioners,  acknowledgment  of  deeds  may  be  taken  by  . 

Special  justices,  district  court  of  Dukes  County,  compensation  established 

Special  laws,  to  provide  for  the  publication  of  . 

Special  messages,  of  the  governor 

Spoliation  awards,  French,  administration  of     . 

Spot  Pond  brook,  plan  for  the  improvement  of,  to  be  submitted  by  the  metro- 
politan water  and  sewerage  board 


636 


684 


Index. 


Springfield,  city  of,  bridge  over  tlie  Connecticut  river  between  West  Spring- 
field and,  relative  to,  etc 4,  390 

relative  to  the  police  department  of 94^ 

City  Library  Association  of,  may  hold  additional  estate  .        .         .         .110 

may  refund  a  part  of  its  vpater  debt 176 

Springfield  and  Eastern  Street  Railway  Company,  to  extend  the   corporate 

powers  of 197 

St.  Mary's  Cemetery  Trust  Fund  Association,  incorporated       .... 
Standard  weight,  of  a  barrel  of  sweet  potatoes,  established      .... 

Standard  weights,  etc.,  repair,  etc.,  of 

State  aid,  to  abolish  the  board  of  commissioners  of,  etc 

army  nurses  entitled  to  receive 

appropriations  for  payment  of 

State  aid  and  pensions,  commissioner  of,  appropriations  for  salaries  and  ex- 
penses in  the  office  of 

State  board  of  agriculture,  powers  of  the  cattle  commissioners  transferred  to 

may  appoint  a  state  nursery  inspector 

to  publish  information  relative  to  the  brown  tail  moth    .... 

to  provide  for  the  better  protection  of  butter  by  the  dairy  bureau  of 

to  report  on  the  question  of  producing  vaccine  lymph  at  the  Massachu- 
setts Agricultural  College 

State  board  of  charity,  to  consider  the  question  of  establishing  new  state 

sanatoriums 

State  board  of  conciliation,  etc.,  appropriations  for  salaries  and  expenses  of  . 
State  board  of  education,  to  receive  in  the  state  normal  schools  pupils  from 

other  states  and  countries 521 

to  publish  a  manual  of  the  school  laws 528 

State  board  of  insanity,  appropriations  for  salaries  and  expenses  in  the  office  of        35 
State  board  of  health,  appropriations  for  salaries  and  expenses  in  the  office  of        66 

powers  and  duties  of  the  inspector  and  assayer  of  liquors  transferred  to        73 

to  publish  certain  information,  etc 170,  195 

to  prohibit  the  discharge  of  sewage  into  Neponset  river . 

to  investigate  Ihe  subject  of  the  production  of  vaccine  lymph,  etc 
State  board  of  publication,  established 
State  camp  ground,  sale  of  certain  land  at . 

improvements  at 

State  colony  for  the  insane,  appropriation  for   . 

to  provide  for  improvements  at 
State  committees,  number  of  persons  to  be  chosen  on       .        .         . 
State  farm,  appropriations  for  salaries  and  expenses  at    . 

taking  of  laud  at,  for  a  highway 

State  fire  marshal,  appropriations  for  salaries  and  expenses  in  the  office 

office  abolished 

State  Highway  Loan  Sinking  Fund,  appropriation  for       .        .        . 

State  highways,  construction  and  repair  of 

State  hospital,  appropriations  for  salaries  and  expenses  at 

to  provide  for  improvements  at 


427 
75 

530 
139 

182 
32 

215 
76 
410 
506 
535 

539 

541 
29 


of 


470 
534 
346 
531 
532 

43 
343 
163,  408 
148 

68 
149 

98 


179 

50 

343 


Index.  685 


PAGE 


State  house,  relative  to  the  improvement  of 471 

room  in,  occupied  by  the  joint  committee  on  the  judiciary,  to  provide 

new  furniture  for 507 

to  provide  rooms  in,  for  use  in  the  examination  of  applicants  for  admis- 
sion to  the  state  sanatorium 525 

guide  book  of,  distribution  of  additional  copies  of 537 

State  House  Construction  Loan  Fund,  transferred  to  the  State  House  Loans 

Sinlsing  Fund 126 

State  house  grounds,  improvement  of 174 

State  House  Loans  Sinliing  Fund,  appropriation  for 9 

State  industrial  school  for  girls,  improvements  at 529 

State  institutions,  certain,  improvements  and  additions  at         ....  341 

State  library,  appropriations  for  salaries  and  expenses  in          ....  20 

State  normal  school,  at  Bridgewater,  additional  land  for  the  use  of          .         .  524 

at  Fitchburg,  to  provide  for  a  dormitory  at 531 

at  Framingham,  improvements  at 494 

at  North  Adams,  to  provide  for  a  dormitory  at 531 

at  Westfield,  repairs  and  improvements  at 497 

to  provide  for  a  new  dormitory  at 498 

at  Worcester,  to  provide  a  chemical  department  for         ....  524 

State  nursery  inspector,  appointment  of 410 

State  pension  agent,  appropriations  for  salaries  and  expenses  of       .        .        .  154 

office  abolished,  etc 139 

State  printing,  relative  to  the  contract  for 507 

State  prison,  appropriations  for  salaries  and  expenses  at 26 

physician  and  surgeon  of,  salary  established 369 

certain  repairs  at 500 

State  reservations,  the  Wachusett  mountain,  return  to  be  made  of  receipts  and 

expenditures  on  account  of 186 

the  Greylock,  to  enlarge 426 

State  sanatorium,  improvements  at 538 

to  provide  rooms  for  use  in  the  examination  of  applicants  for  admis- 
sion to 525 

State  sanatoriums,  new,  to  consider  the  question  of  establishing      .        .        .  541 

State  tax,  apportioned  and  assessed 459 

Steamship  Company,  the  Boston,  incorporated 264 

the  Massachusetts,  incorporated 263 

Stock,  preferred,  to  authorize  the  issue  of,  by  corporations      ....  356 

Stock  and  bonds,  issue  of,  by  street  railway  companies 285 

Stoneham,  town  of,  may  appropriate  money  for  a  celebration  ....  68 

a  board  of  public  works  may  be  established  in 188 

Stony  Brook  Valley  Street  Railway  Company,  to  extend  the  corporate  powers  of  412 

Storage  Warehouse  Company,  the  Boston,  may  increase  its  capital  stock        .  283 
Stoughton  and  Randolph  Street  Railway  Company,  to  extend  the  corporate 

powers  of 282 

Street  railway  cars,  the  railroad  commissioners  to  consider  the  advisability  of 

requiring  certain  equipment  to  be  placed  on 522 


686  Index. 

PAGE 

Street  railway  cars,  the  value  of  the  power  brake  as  a  safety  device  upon,  to  be 

investif>;ated 499 

the  merits  of  fenders  now  in  use  upon,  to  be  investigated       .         .        .  524 

Street  railway  companies,  transportation  of  road-making  material  by       .         .  213 

issue  of  stock  and  bonds  by 285 

the  New  England  Assurance  Company  may  insure  against  loss  by  injury 

or  death  caused  in  the  operation  of 300 

the  Bay  State  Accident  Association  may  insure  against  loss  by  injury  or 

death  caused  in  the  operation  of 315 

relative  to  locations  of 316 

locations  of,  to  become  void  in  case  companies  fail  to  organize     .        .  316 

the  railroad  commissioners  to  approve  grants  of  locations  to          .        .  318 

towns  may  purchase  electricity  from 362 

savings  banks,  etc.,  may  invest  in  the  bonds  of 389 

certain,  the  Rockingham  County  Light  and  Power  Company  may  furnish 

electricity  to 416 

to  pay  part  of  cost  of  building  bridges,  etc.,  on  highways  where  they 

have  locations 447 

to  provide  for  an  investigation   of  the  use  of  the  power  brake  upon 

the  cars  of 499 

the  railroad  commissioners  to  consider  the  advisability  of  requiring 

certain  equipment  to  be  put  on  the  cars  of 522 

to  provide  for  an  investigation  of  the  fenders  used  by     .         .        .        .  524 
Street  railway  corporations  : 

Barnstable  County,  to  revive  and  extend  the  charter  of  .        .         .         .  297 

Barre,  to  extend  the  time  for  the  construction,  etc.,  of  the  railway  of    .  194 

Berkshire,  may  act  as  a  common  carrier 184 

Berkshire  and  Canaan,  to  extend  the  time  for  the  construction  of  the 

railway  of 139 

Boston  Elevated,  may  lease  the  railway  of  the  Old  Colony  Street  Rail- 
way Company 299 

may  contract  with  the  city  of  Boston  for  the  sole  use  of  the  new  sub- 
way, etc 453 

Conway  Electric,  to  extend  the  corporate  powers  of       ...        .  223 

Danvers  and  Georgetown,  incorporated 218 

Dartmouth  and  Westport,  may  act  as  a  common  carrier,  etc.          .        .  242 

Deerfleld,  Whately  and  Hatfield,  incorporated 412 

Exeter,  Hampton  and  Amesbury,  may  lease  the  railway  of  the  Haverhill 

and  Plaistow  Street  Railway  Company 322 

Framingham  Union,  may  act  as  a  common  carrier 200 

Greenfield  and  Deerfield,  may  act  as  a  common  carrier    ....  265 

Hampshire,  may  act  as  a  common  carrier 220 

Haverhill  and  Plaistow,  may  lease  its  railway  to  the  Exeter,  Hampton 

and  Amesbury  Street  Railway  Company 322 

Haverhill  and  Southern  New  Hampshire,  time  for  construction  of  the 

railway  of,  extended 429 

Lawrence  and  Methuen,  time  for  construction  of  railway  of,  extended  .  429 


Index. 


687 


New 


Street  railway  corporations  —  Concluded. 

Lowell,  Acton  and  Maynard,  may  operate  its  railway  in  certain  towns 
Milford,  HoUiston  and  Framingham,  may  contract  with  certain  other 

street  railway  companies  for  operation,  sale  or  lease  between 
Milford  and  Uxbridge,  may  contract  with  certain  other  railway  com 

panies  for  operation,  sale  or  lease  between 
Mount  Wachusett,  time  for  completing  the  railway  of,  extended 
New  Bedford  and  Onset,  may  operate  its  railway  in  Fairhaven  and 

Bedford 

New  York  and  Berkshire,  incorporated 

Old  Colony,  provisions  affecting 

may  lease  its  railway  to  certain  other  street  railway  corporations 
Pittsfleld  Electric,  may  act  as  a  common  carrier 
Plymouth,  Carver  and  "Wareham,  the  town  of  Carver  may  invest  in  the 

stock  or  bonds  of 

Providence  and  Fall  River,  may  act  as  a  common  carrier 
Springfield  and  Eastern,  to  extend  the  corporate  powers  of    . 
Stony  Brook  Valley,  to  extend  the  corporate  powers  of  . 
Stoughton  and  Randolph,  to  extend  the  corporate  powers  of 

Union,  provisions  affecting 

Upton,  may  contract  with  certain  other  railway  companies  for  opera 

tion,  lease  or  sale  between 

Walthara,  time  for  construction  of  the  railway  of,  extended  . 

"West  End,  may  lease  the  railway  of  the  Old  Colony  Street  Railway 

Company 

Western  Hampshire,  time  for  construction  of  railway  of,  extended 
Worcester,  Rochdale  and  Charlton  Depot,  may  act  as  a  common  carrier 
Worcester  and  Southbridge,  may  act  as  a  common  carrier 
Subways,  relative  to  connecting  the  East  Boston  tunnel  with  . 

in  the  city  of  Boston,  construction  of  additional     . 
Sudbury,  town  of,  the  Lowell,  Acton  and  Maynard  Street  Railway  Company 

may  operate  its  railway  in 

Suffolk  county,  sittings  of  the  superior  court  for       .... 

clerks  of  courts  in,  not  to  receive  fees  in  civil  actions  in  vphich  the  city 

of  Boston  is  a  party 

relative  to  indexes  in  the  registry  of  deeds  for         .... 
superior  court  for,  second  assistant  clerk  of,  salary  established 
Suffolk  district,  assistant  district  attorneys  of,  salaries  established  . 
Suffolk  Savings  Bank  for  Seamen  and  Others,  may  hold  additional  estate 


Suffolk  senatorial  districts,  registration  of  voters,  etc.,  in  certain  wards  in    268,  425 

Sunderland,  town  of,  water  supply  for 203 

Superior  court,  probation  officers  of,  to  make  report  to  the  board  of  prison 

commissioners 143 

to  provide  for  increasing  the  number  of  associate  justices  of  .        .        .  297 

sittings  of,  for  the  counties  of  Suffolk  and  Barnstable    ....  369 

county  of  Suffolk,  second  assistant  clerk  of,  salary  established      .         .  426 
assistant  clerk  of,  designated  to  hear  cases  outside  the  county  of  Suf 

folk,  fixing  compensation  of 414 


223 

366 

366 
133 

151 

383 
243 
299 
237 

250 
199 
197 
412 
282 
243 

366 
250 

299 
245 
198 
183 
75 
449 

223 
369 

183 
332 
426 
380 
64 


688  Index. 


Supreme  Council  of  the   Royal  Arcanum,  may  admit  to  membership  in  the 

order  persons  between  eighteen  and  twenty-one  years  of  age 
Surety  companies,  certain,  may  insure  against  loss  by  burglary,  etc. 

Survey,  of  lumber,  law  relative  to,  amended 

Surviving  husband  or  wife,  relative  to  the  rights  of  . 

Swampscott,  town  of,  may  construct  a  system  of  sewage  disposal   . 

Swansea,  town  of,  may  borrow  money  for  constructing  highways    . 

Sweet  potatoes,  to  establish  the  standard  weight  of  . 

Symmes  Arlington  Hospital,  incorporated 


143 
256 
385 
389 

52 
380 

75 
103 


T. 

Tables,  showing  changes  in  the  Revised  Laws,  and  in  general  laws          .         .  613 

Taunton,  city  of,  to  provide  for  the  construction  of  a  building  at,  for  the 

northern  district  registry  of  deeds,  etc.,  of  the  county  of  Bristol     .  190 

tenure  of  office  of  members  of  the  police  and  fire  departments  of    .         .  298 

Taunton  Great  river,  relative  to  the  construction  of  a  bridge  over,  between 

Fall  River  and  Somerset 539 

Taunton  insane  hospital,  appropriation  for 23 

improvements  at 528 

Taunton  river,  proposed  canal  from  Weymouth  Fore  river  to,  to  provide  for 

printing  the  report  on 527 

resolutions  relative  to  a  canal  from  Weymouth  Fore  river  to          .         .  544 

Tax,  county,  Barnstable 519 

Berkshire 501 

Bristol 608 

Dukes  County 514 

Essex 502 

Franklin 503 

Hampden 509 

Hampshire 505 

Middlesex 510 

Norfolk 512 

Plymouth 513 

Worcester 515 

Ti^x,  state,  apportioned  and  assessed 459 

Tax  collectors,  relative  to  deeds  given  by 333 

Tax  commissioner,  appropriations  for  salaries  and  expenses  in  the  depart- 
ment of 22 

to  assess  an  excise  tax  upon  vessels  owned  by  certain  corporations        .  290 

Taxation,  of  mortgaged  real  estate,  law  relative  to,  amended    ....  73 

law  relative  to  record  of  ownership  of  real  estate  subject  to,  amended  .  74 

of  certain  underground  conduits,  relative  to 2G1 

of  vessels  engaged  in  the  foreign  carrying  trade,  relative  to    .        .       290,  291 

Taxes,  assessed  upon  foreign  corporations,  etc.,  relative  to  payment  of  .        .  269 

upon  collateral  legacies  and  successions,  relative  to         ...         •  381 


Index. 


689 


pond 


PAGE 

357 

63 

8 

78 

496 

497 

526 

256 

277 

9 

297 

137 


Taxes,  redemption  of  land  sold  for 

poll,  law  relative  to  abatement  of,  amended 
Technology,  the  Massachusetts  Institute  of,  appropriation  for 
Textile  School,  the  Lowell,  relative  to  private  contributions  for 

in  favor  of       .        . 

to  provide  a  heating  and  ventilating  plant  for 

the  New  Bedford,  in  favor  of 

Theft,  to  provide  for  insuring  against  loss  by     . 

Third  assistant  clerk  of  courts,  county  of  Middlesex,  salary  established 

Tide  waters,  appropriation  for  removal  of  wrecks  from     . 

Time,  for  voting,  to  be  allowed  to  employees  of  certain  establishments 

Tisbury,  town  of,  may  grant  licenses  to  plant  and  grow  oysters  in  Lagoor 

Tolland,  town  of,  the  New  York  and  Berkshire  Street  Railway  Company  may 

operate  its  railway  in 383 

Topsfleld,  town  of,  the  Dauvers  and  Georgetown  Street  Railway  Company 

may  operate  its  railway  in 219 

Tort,  actions  of,  against  counties,  cities  and  towns,  for  personal  injuries  re- 
ceived, limiting  the  time  for  commencing 322 

Town  committees,  number  of  members  of,  to  be  announced  in  the  call  for  the 

meeting  at  which  they  are  chosen,  etc 163,  408 

Town  meetings,  moderators  of,  may  be  elected  for  a  term  of  one  year    .        .       266 
Town  officers,  duties  of,  relative  to  the  extermination  of  the  brown  tail  moth, 

etc 

Town  records,  of  births,  marriages  and  deaths,  preservation  of  certain 
Towns  : 

Adams,  relative  to  the  custody  of  certain  old  records  of 

Agawam,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 383 

Amesbury,  the  Rockingham  County  Light  and  Power  Company  may 

furnish  electricity  to  any  street  railway  company  operating  in 
Arlington,  the  Symmes  Arlington  Hospital  in,  incorporated    . 

Ashfleld,  water  supply  for 

Attleborough,  the  Attleboro  Trust  Company  incorporated  in  . 
Auburn,  the  Worcester  and  Southbridge  Street  Railway  Company  may 

act  as  a  common  carrier  in 

Barnstable,  to  improve  the  channel  between  Vineyard  Sound  and  Oster- 

ville  bay  in 407 

Barre,  the  Barre  Library  Association  of,  may  hold  additional  estate  .  49 
Blackstone,  the  Millville  Cemetery  Association  incorporated  in  ,  .  158 
Blandford,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 383 

Boxford,  the  Danvers  and  Georgetown  Street  Railway  Company  may 

operate  its  railway  in 219 

Brewster,  to  confirm  the  proceedings  of  a  town  meeting  of    .        .        .      248 
Bridgewater,  taking  of  certain  land  in,  for  a  highway     ....        68 
the  First  Congregational  Society  in,  a  change  may  be  made  in  tlie 
boundary  line  of 162 


37 
379 


233 


416 

103 

87 

196 

183 


OIK)  Index'. 

PAOE 

Towns  —  Contimted. 

Burlington,  the  Francis  "Wymaa  Association  in,  incorporated,        .        .  59 
Carver,  may  unite  with  certain  other  towns  in  employing  a  superintend- 
ent of  schools ,        ....  64 

may  hold  stock  or  bonds  of  the  Plymouth,  Carver  and  Wareham 

Street  Railway  Company 250 

Charlton,  the  "Worcester  and  Southbrldge  Street  Railway  Company  may 

act  as  a  common  carrier  in 183 

Chelmsford,  the  city  of  Lowell  may  supply  water  to       ...         .  255 

Colrain,  a  Are  district  established  in 238 

Concord,  to  consolidate  the  boards  of  water  and  sewer  commissioners  in  39 

Conwaj',  relative  to  the  Field  Memorial  Library  in 38 

Cottage  City,  may  grant  licenses  to  plant,  etc.,  oysters  In  Lagoon  pond  137 

to  authorize  the  leasing  of  Farm  pond  in 202 

Danvers,  the  Danvers  and  Georgetown  Street  Railway  Company  may 

operate  its  railway  in 219 

Dartmouth,  improvement  of  Apponagansett  harbor  in    .         .        •        .  423 

Dedham,  construction  of  a  registry  of  deeds  building  at          ...  441 
Deerfleld,  the  Conway  Electric  Street  Railway  Company  may  operate 

its  railway  in 223 

the  Greenfield  and  Deerfleld  Street  Railway  Company  may  act  as  a 

common  carrier  in 265 

water  supply  for  the  village  of  South  Deerfleld  in        ...         .  393 
the  Deerfleld,  Whately  and  Hatfleld  Street  Railway  Company  may 

operate  its  railway  in 413 

Dennis,  appropriation  to  improve  the  channel  of  Bass  river  in       .        .  124 

Dracut,  the  city  of  Lowell  may  supply  water  to 320 

the  Rockingham  County  Light  and  Power  Company  may  furnish 

electricity  to  any  street  railway  company  operating  in      .        .        .  416 

East  Bridgewater,  the  city  of  Brockton  may  lay  its  water  pipes  through  372 

Easthampton,  additional  water  supply  for 140 

Egremont,  the  Great  Barrington  Fire  District  may  furnish  water  to      .  347 
the  New  York  and  Berkshire  Street  Railway  Company  may  construct 

its  railway  through 383 

Erving,  part  of,  included  within  the  limits  of  the  Millers  Falls  Water 

Supply  District 415 

Essex,  may  reconstruct  a  bridge  over  Essex  river 78 

Fairhaven,  the  New  Bedford  and  Onset  Street  Railway  Company  may 

operate  its  railway  in 151 

Falmouth,  may  extend  its  water  works 249 

Framingham,  the  Lowell,  Actou  and  Maynard  Street  Railway  Company 

may  operate  its  railway  in 223 

Gardner,  water  supply  for 208 

Georgetown,  the  Danvers  and  Georgetown  Street  Railway  Company 

may  operate  its  railway  in 219 

the  Rockingham  County  Light  and  Power  Company  may  furnish  elec- 
tricity to  any  street  railway  company  operating  in   .        .        .        .  416 


Index.  691 

FA0E 

Towns  —  Contimied. 

Granby,  the  Hampshire  Street  Railway  Company  may  act  as  a  common 

carrier  in 220 

Granville,  the  New  Yorli  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 383 

Great  Barrington,  relative  to  the  water  supply  of 177 

the  New  York  and  Berkshire  Street  Railway  Company  may  construct 

its  railway  through 383 

Greenfield,  the  Conway  Electric  Street  Railway  Company  may  operate 

its  railway  in 223 

the  Greenfield  and  Deerfleld  Street  Railway  Company  may  act  as  a 

common  carrier  in       .........        .  265 

Groveland,  the  Rockingham  County  Light  and  Power  Company  may  fur- 
nish electricity  to  any  street  railway  company  operating  in      .        .  416 

Hadley,  water  supply  for 143 

Hamilton,  water  supply  for 79 

Hatfield,  the  Deerfleld,  Whately  and  Hatfield  Street  Railway  Company 

may  operate  its  railway  in 413 

Holden,  to  extend  the  time  in  which  it  may  accept  a  water  supply  act    97,  284 

Hudson,  may  refund  a  part  of  its  debt 69 

Hull,  may  appropriate  money  for  watering  streets 295 

Ipswich,  may  pay  a  sum  of  money  to  the  estate  of  George  P.  Smith        .  160 

may  pay  a  sura  of  money  to  Newell  M.  Jewett 387 

Lakeville,  may  unite  with  certain  other  towns  in  employing  a  superin- 
tendent of  schools 64 

Leicester,  the  Worcester  and  Southbridge  Street  Railway  Company  may 

act  as  a  common  carrier  in 183 

Lenox,  the  Berkshire  Street  Railway  Company  may  act  as  a  common 

carrier  in 184 

Lexington,  additional  water  supply  for 116 

Lincoln,  additional  water  loan  for 253 

Manchester,  to  locate  and  define  the  boundary  line  between  the  city  of 

Gloucester  and 295 

Marblehead,  may  take  Nick's  cove  for  a  town  landing,  etc.     .        .        .  249 

Marion,  taking  of  shellfish  in 64 

Marshfield,  completion  of  Little's  bridge  in 194 

Maynard,  the  American  Woolen  Company  may  furnish  electric  light 

to 267 

Medway,  to  extend  the  time  for  beginning  work  on  its  water  system     .  85 
Merrimac,  the  Rockingham    County  Light  and   Power  Company  may 

furnish  electricity  to  any  street  railway  company  operating  in         .  416 
Methuen,  may  pay  a  sum  of  money  for  the  benefit  of  Ernest  H.  Gaunt  .  161 
the  Rockingham  County  Light  and  Power  Company  may  f  urnisli  elec- 
tricity to  any  street  railway  company  operating  in     ....  416 
Millis,  may  unite  with  certain  other  towns  in  employing  a  superintendent 

of  schools    . 93 

Milton,  water  supply  for 224 


G92  Index. 

PAGE 

Towns  —  Continued. 

Monterey,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 383 

Mount  Washington,  the  New  York  and  Berkshire  Street  Railway  Com- 
pany may  construct  its  railway  through 383 

Nahant,  the  United  States  may  acquire  a  certain  tract  of  land  in     .        .      289 

Natick,  may  Ijorrow  money  for  sewer  purposes 248 

may  enlarge  its  system  of  water  supply 301 

Needham,  additional  water  loan  for 52 

New  Ashford,  to  be  reimbursed  for  expense  of  repairing  certain  highways      495 
Newbury,  the  city  of  Newburyport  may  supply  water  to         ...        91 
the  Rockingham  County  Light  and  Power  Company  may  furnish  elec- 
tricity to  any  street  railway  company  operating  in    .         .        .         .410 
Norfolk,  may  unite  with  certain  other  towns  in  employing  a  superin- 
tendent of  schools 93 

Northborough,  included  in  the  district  of  the  first  district  court  of 

eastern  Worcester 115 

Otis,  the  New  York  and  Berkshire  Street  Railway  Company  may  con- 
struct its  railway  through 383 

Oxford,  the  Worcester  and  Southbridge  Street  Railway  Company  may 

act  as  a  common  carrier  in 183 

Peabody,  may  borrow  money  for  water  supply  purposes         .        .        .      399 

Peru,  in  favor  of 49G 

Phillipstou,  in  favor  of 530 

Provincetown,  a  memorial  of  the  landing  of  the  Pilgrims  to  be  erected  at      542 

Revere,  may  refund  a  part  of  its  debt 161 

Rochester,  may  unite  with  certain  other  towns  in  employing  a  superin- 
tendent of  schools 64 

Rockport,  additional  water  loan  for 335 

Rowley,  included  within  the  judicial  district  of  the  police  court  of  New- 
buryport       369 

Russell,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 383 

Rutland,  placed  within  the  jurisdiction  of  the  central  district  court  of 

Worcester 134 

Salisbury,  bridge  over  the  Merrimac  river  between  the  city  of  Newbury- 
port and,  relative  to  the  expense  of  rebuilding 280 

tlie  Rockingham  County  Light  and  Power  Company  may  furnish  elec- 
tricity to  any  street  I'ailway  company  operating  in    .        .        .        .416 
Sandisfleld,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 383 

Sandwich,  relative  to  improving  the  channel  from  Scorton  harbor  to 

Barnstable  bay  in 543 

Scituate,  additional  water  supply  for 101 

completion  of  Little's  bridge  in 194 

Somerset,  relative  to  the  construction  of  a  bridge  over  Taunton  Great 

river  between  Fall  River  and 539 

South  HaUley,  transfer  of  certain  funds  in 93 


Index.  693 

PAGE 

Towns  —  Conchided. 

South  Iladley,  the  Hampshire  Street  Railway  Company  may  act  as  a 

common  carrier  in 220 

may  grant  certain  land  for  a  public  library 333 

Southbridge,  the  "Worcester  and  Southbridge  Street  Railway  Company 

may  act  as  a  common  carrier  in 183 

Southwick,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 383 

Stoneham,  may  appropriate  money  for  a  celebration       ....  68 

a  board  of  public  works  may  be  established  in 188 

Sudbury,  the  Lowell,  Acton  and  Maynard  Street  Railway  Company  may 

operate  its  railway  in 223 

Sunderland,  water  supply  for 203 

Swampscott,  may  construct  a  system  of  sewage  disposal        ...  52 

Swansea,  may  borrow  money  for  constructing  highways        .        .         .  380 

Tisbury,  may  grant  licenses  to  plant,  grow,  etc.,  oysters  in  Lagoon  pond  137 
Tolland,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 383 

Topsfleld,  the  Danvers  and  Georgetown  Street  Railway  Company  may 

operate  its  railway  in 219 

Uxbridge,  the  St.  Mary's  Cemetery  Trust  Fund  Association  incorporated 

in 427 

Wakefield,  relative  to  sewer  assessments  in 180 

water  supply  for 400 

"Wareham,  the  Onset  Water  Company  may  furnish  water  to   .         .        .  325 
Wellesley,  election  of  a  board  of  water  and  municipal  light  commission- 
ers in   100 

West  Newbury,  the  Rockingham  County  Light  and  Power  Company 

may  furnish  electricity  to  any  street  railway  company  operating  in  416 
West  Springfield,  bridge  over  the  Connecticut  river  between  Springfield 

and,  relative  to,  etc 4,  390 

Westborough,  may  contract  for  the  removal  of  sewage  at  the  Lyman 

school  for  boys 529 

Westfield,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 383 

Westminster,  taking  of  ice  from  certain  ponds  in 361 

the  city  of  Fitchburg  to  pay  a  certain  sura  of  money  to        .        .        .  374 
Westwood,  may  unite  with  certain  other  towns  in  employing  a  superin- 
tendent of  schools 93 

Whately,  the  Deerfleld,  Whately  and  Hatfield  Street  Railway  Company 

may  operate  its  railway  in 413 

Williamsburg,  additional  water  supply  for 130 

Winchester,  may  borrow  money  for  school  purposes       ....  334 
Winthrop,  exempt  from  certain  costs  of  maintenance  of  the  metropolitan 

park  system 118 

Yarmouth,  appropriation  to  improve  the  channel  of  Bass  river  in  .        .  124 

Towns,  removal  of  snow  and  ice  from  sidewalks  in 149 

may  elect  moderators  for  a  term  of  one  year 266 


694  In^dex. 


PAGE 


Towns,  to  be  reimbursed  for  expense  incurred  in  f  urnisliing  high  school  in- 
struction        339 

may  purchase  electricity  from  street  railway  companies ....  362 
Towns  and  cities,  may  authorize  certain  officials  to  enter  upon  private  lands 

for  iuvestigating  the  brown  tail  moth,  etc 37 

may  appropriate  money  for  the  observance  of  Old  Home  Week,  so-called  73 

may  regulate  and  license  junk  collectors 134 

certain,  water  to  be  furnished  to,  from  the  metropolitan  water  supply  .  137 

duties  of  boards  of  health  in,  relative  to  vaccination       ....  138 

compensation  to,  for  the  care  of  persons  infected  with  smallpox,  etc.    150,  156 
in  the  metropolitan  parks  district,  relative  to  the  payment  of  certain 

assessments  upon 246 

may  purchase  water  for  temporary  purposes    ......  278 

to  provide  for  the  care  of  neglected  burying  grounds  by          .         .         .  300 
in  the  metropolitan  water  district,  measurement  of  water  supplied  to    .  301 
actions  of  tort  against,  for  personal  injuries,  limiting  the  time  for  com- 
mencing         322 

law  relative  to  "  labor  service  "  in,  amended 473 

Treasurer  and  receiver  general,  appropriation  for  salaries  and  expenses  in  the 

department  of 30 

relative  to  payment  by,  of  checks  issued  to  certain  Spanish  war  veterans  37 

may  issue  scrip,  etc.,  as  an  addition  to  the  Metropolitan  Parks  Loan      .  123 
may  transfer  the  State  House  Construction  Loan  Fund,  Bulflnch  front, 

to  the  State  House  Loans  Sinking  Fund 126 

may  issue  scrip,  etc.,  to  meet  expense  of  constructing  state  highways  .  179 
may  issue  scrip,  etc.,  to  meet  expense  of  constructing  new  buildings  at 

the  hospital  for  epileptics 323 

may  issue  scrip,  etc.,  to  meet  expense  of  constructing  a  new  building, 

etc.,  at  the  Medfleld  insane  asylum 324 

may  issue  scrip,  etc.,  to  meet  expense  of  improvements  and  additions  at 

certain  state  institutions 341 

authorized  to  transfer  certain  loans  for  the  abolition  of  grade  crossings  421 

duties  of,  relative  to  the  assessment  and  collection  of  the  state  tax       .  466 

may  borrow  money  in  anticipation  of  revenue 491 

to  pay  interest  on  a  certain  deposit  made  by  the  Boston,  Cape  Cod  and 

New  York  Canal  Company 525 

may  expend  a  certain  sum  in  repairing,  etc.,  weights,  measures  and 

balances 530 

Trees  and  shrubs,  protection  of,  from  injurious  insects,  etc 410 

Tremont  Nail  Company,  the  Onset  Water  Company  may  acquire  certain  prop- 
erty of 325 

Trout,  etc.,  to  establish  the  open  season  for,  in  certain  counties       ...  96 
Truant  schools,  the  counties  of  Franklin  and  Hampsliire  exempt  from  provi- 
sions of  law  concerning  the  maintenance  of 185 

Trust  companies,  relative  to  the  maintenance  of  branch  offices  by    .        .         .  275 

revision  of  the  laws  relating  to 532 


Index.  695 

PAGE 

Trust  company  : 

Adams,  incorporated 330 

Attleboro,  incorporated 196 

Massachusetts,  name  established 171 

Trustees,  of  Amherst  College,  may  hold  additional  property    ....  124 

of  the  Diocese  for  Western  Massachusetts,  incorporated         .        .        .  Ill 

of  the  hospital  for  dipsomaniacs,  etc.,  to  increase  the  number  of  .         .  470 
Tuition,  of  children  attending  certain  high  schools,  appropriation  for  the 

payment  of 11 


u. 

Underground  conduits,  etc.,  relative  to  taxing 261 

Uniformity  of  legislation,  to  provide  for  additional  commissioners  on      .        .  409 

to  extend  the  term  of  office  of  commissioners  on 416 

Uniforms,  to  be  provided  for  the  officers  of  the  municipal  court  of  Boston     .  284 

Union  Street  Railway  Company,  provisions  affecting 243 

Unitarian  Society  of  Fairhaven,  The,  certain  property  may  be  transferred  to  .  336 
United  States,  claims  against,  on  account  of  the  burial  of  deceased  soldiers, 

etc.,  relative  to  the  waiving  of  ........  159 

may  acquire  a  certain  tract  of  land  in  the  town  of  Nahant      .         .        .  289 
resolutions  relative  to  the  construction  of  war  vessels  in  the  navy  yards 

of 546 

United  States  mail,  law  relative  to  carrying,  amended 478 

Upton  Street  Railway  Company,  may  contract  with  certain  other  railway  com- 
panies for  operation,  sale  or  lease  between 366 

Uxbridge,  town  of,  the  St.  Mary's  Cemetery  Trust  Fund  Association  incorpo- 
rated in 427 


Y. 

Vaccination,  law  relative  to,  amended 138 

Vaccine  lymph,  the  subject  of  the  production  of,  to  be  investigated,  etc.  534,  539 
Vessels,  engaged  in  the  foreign  carrying  trade,  relative  to  the  taxation  of  290,  291 
Vicksburg,  erection  of  a  memorial  to  Massachusetts  soldiers  who  took  part  iu 

the  siege  of  .        .         . 498 

Vineyard  Sound,  to  improve  the  channel  between  Osterville  bay  and         .        .      407 

Void  marriages,  relative  to  the  issue  of 232 

Voting,  by  employees  of  certain  establishments,  time  allowed  for  .  .  .  297 
Voting  lists,  of  certain  wards  in  the  Suffolk  senatorial  districts,  form  of         268,  425 


696  Index. 

W. 

PAGE 

Wachusett  mountain  state  reservation  commission,  to  make  return  of  receipts 

and  expenditures 186 

Wages,  payment  of,  law  relative  to,  amended 364 

Wakefield,  town  of,  relative  to  sewer  assessments  in 180 

water  supply  for 400 

Waltham  Street  Railway  Company,  time  for  the  construction  of  the  railway 

of,  extended 250 

Wamesit  Power  Company,  may  hold  additional  estate 199 

War  records,  appropriation  for  the  publication  of 27 

to  provide  for  the  preservation  of 500 

War  vessels,  resolutions  relative  to  the  construction  of,  in  the  navy  yards  of 

the  United  States 546 

Ward  and  town  committees,  number  of  members  of,  to  be  announced  in  the 

call  for  the  meeting  at  which  they  are  chosen   ....       163,  408 

Wareham,  town  of,  the  Onset  Water  Company  may  supply  water  to         .        .  325 

Washington  street  Christian  Meeting-House  in  Fairhaven,  the  proprietors  of, 

may  convey  certain  property  to  The  Unitarian  Society  of  Fairhaven  336 

Water,  protecting  the  purity  of,  by  the  metropolitan  water  and  sewerage  board  458 
supplied  to  cities  and  towns  in  the  metropolitan  water  district,  to  pro- 
vide for  the  measurement  of 301 

for  drinking  purposes,  to  be  furnished  to  employees  of  manufacturing 

establishments 244 

cities  and  towns  may  purchase,  for  temporary  purposes  ....  278 

Water  company  : 

Gardner,  concerning  the  purchase  of,  by  the  town  of  Gardner        .        .  208 

Hadley,  incorporated 143 

Milton,  may  be  purchased  by  the  town  of  Milton 226 

Onset,  to  extend  the  powers  of 325 

Scituate,  charter  amended 101 

Sunderland,  may  be  purchased  by  the  town  of  Sunderland      .        .        .  203 

Wakefield,  the  town  of  Wakefield  may  purchase 404 

Williams,  may  be  purchased  by  the  town  of  Sunderland  ....  207 

Water  loan  : 

Ashfield 88 

Colrain  Fire  District 241 

Easthampton 140 

Falmouth 249 

Gardner 210 

Great  Barrington  Fire  District 178 

Hamilton 81 

Lexington 117 

Lincoln 253 

Melrose 328 

Millers  Falls  Water  Supply  District 415 

Milton 226 


Ijcdex.  697 

PAGE 

Water  loan — Concluded. 

Natick 303 

Needham 52 

Northampton 40 

Peabody 399 

Rockport 335 

South  Deerfield  Water  Supply  District 395 

Springfield 176 

Sunderland 205 

Wakefield .402 

Williamsburg 131 

Worcester 272 

Water  supply: 

Ashfleld 87 

Brockton    143,  372 

Chelmsford .  255 

Colrain 238 

Dracut 320 

Easthampton 140 

Egremont    . 347 

Falmouth 249 

Gardner 208 

Great  Barrington  Fire  District 177 

Hadley 143 

Hamilton 79 

Holden 97,  284 

Lexington 116 

Massachusetts  reformatory 538 

Milton 224 

Natick 301 

Newbury 91 

Peabody 399 

Scituate 101 

South  Deerfield « 393 

Sunderland 203 

Wakefield 400 

Wareham 325 

Williamsburg 130 

Worcester 270 

Water  Supply  District,  the  Foxborough,  may  increase  its  indebtedness   .         .  195 

the  South  Deerfield,  established 393 

the  Millers  Falls,  to  extend  the  limits  of 414 

Weigher  of  coal,  women  may  hold  the  office  of 114 

Weighing,  etc.,  of  hay  and  straw,  law  relative  to,  amended       ....  371 

Weight,  of  a  barrel  of  sweet  potatoes,  established 75 

Weights  and  measures,  deputy  sealer  of,  salary  established       ....  369 

law  relative  to,  amended 469 

repair,  etc.,  of 530 


(398  I:n^dex. 


PAGE 


Wellesley,  town  of,  election  of  a  board  of  water  and  municipal  light  commis- 
sioners in 100 

West  End  Street  Railway  Company,  may  lease  the  railway  of  the  Old  Colony 

Street  Railway  Company 299 

"West  Newbury,  town  of,  the  Rockingham  County  Light  and  Power  Company 

may  furnish  electricity  to  any  street  railway  company  operating  in  416 
West  Springfield,  town  of,  bridge  over  the  Connecticut  river  between  Spring- 
field and,  relative  to,  etc i,  390 

Westborough,  town  of,  may  contract  for  the  removal  of  sewage  at  the  Lymau 

school  for  boys 529 

Westborough  insane  hospital,  appropriation  for  the  support  of        ...  23 

to  provide  for  improvements  at 343 

Western  Hampshire  Street  Railway  Company,  time  for  construction  of  the 

railway  of,  extended 245 

Western  Worcester,  district  court  of,  established 329 

Westfleld,  town  of,  the  New  York  and  Berkshire  Street  Railway  Company  may 

construct  its  railway  through 383 

Westfleld  normal  school,  repairs  and  improvements  at 497 

to  provide  for  a  new  dormitory  at 498 

Westminster,  town  of,  taking  of  ice  from  certain  ponds  in        ...        .  361 
the  city  of  Fitchburg  to  pay  a  certain  sum  of  money  to  .        .        .         .  374 
Westwood,  town  of,  may  unite  with  certain  other  towns  in  employing  a  super- 
intendent of  schools 93 

Weymouth  Fore  river,  proposed  canal  from  Taunton  river  to,  to  provide  for 

printing  the  report  on 527 

resolutions  relative  to 544 

Whately,  town  of,  the  Deerfleld,  Whately  and  Hatfield  Street  Railway  Com- 
pany may  operate  its  railway  in 413 

Wheaton  Female  Seminary  may  hold  additional  estate 46 

Wheelock,  Jerome,  the  city  of  Worcester  may  accept  the  benefits  of  the  will  of  317 
Widow,  of  a  pharmacist,  business  of  the  pharmacist  may  be  continued  by       .  247 
Widows,  etc.,  of  members  of  police  departments,  certain  cities  may  pay  an- 
nuities to 345 

Wife,  surviving,  relative  to  the  rights  of 389 

Williamsburg,  town  of,  additional  water  supply  for 130 

Wills,  custody  of 114 

Winchester,  town  of,  may  borrow  money  for  school  purposes  ....  334 
Winthrop,  town  of,  exempt  from  certain  costs  of  maintenance  of  the  metro- 
politan park  commission     118 

Wires,  pipes,  etc.,  laid  in  streets  by  private  corporations,  relative  to  taxing  261 
Wolcott,  Roger,  a  governor  of  the  Commonwealth,  relative  to  the  acceptance 

of  a  memorial  of 493 

Women,  may  hold  the  ofl3ce  of  weigher  of  coal 114 

employment  of,  law  relative  to,  amended 344 

married,  signing  of  instruments  by 387 

Women's  prison,  appropriations  for  salaries  and  expenses  at    .        ,        .        .  77 

repairs  at 527 


Index.  699 

PAGE 

Wood,  Lemuel,  the  city  of  Boston  may  pay  a  sum  of  raouey  to         .         .        .  428 

Worcester,  city  of,  charter  amended 8G 

relative  to  the  salary  of  the  mayor  of 197 

may  increase  its  water  supply 270 

relative  to  wires  and  electrical  appliances  in     .....        .  286 

may  accept  the  benefits  of  the  will  of  Jerome  Wheelock  ....  317 

abolition  of  grade  crossings  in 421 

Worcester  county,  may  contribute  toward  the  Devens  memorial  monument     .  CI 

tax  granted  for 615 

Worcester  County  Memorial  Devens  Statue  Commission,  incoi-porated   .        .  61 

Worcester  insane  asylum,  appropriation  for  the  support  of       .        .        .         .  10 

to  provide  for  improvements  at 343 

Worcester  insane  hospital,  appropriation  for  the  support  of     .        .        .        .  24 

improvements  at 538 

Worcester  Masonic  Charity  and  Educational  Association,  may  convey  certain 

land 336 

Worcester,  Nashua  and  Rochester  Railroad  Company,  provisions  afi'ecting      .  422 

Worcester  normal  school,  to  provide  a  chemical  department  for       .         .        .  524 

Worcester  Polytechnic  Institute,  appropriation  for 8 

Worcester,  Rochdale  and  Charlton  Depot  Street  Railway  Company,  may  act 

as  a  common  carrier 198 

Worcester  and  Southbridge  Street  Railway  Company,  may  act  as  a  common 

carrier 183 

Wrecks,  in  tide  waters,  appropriation  for  removal  of 9 

Writ,  of  certiorari,  law  relative  to,  amended 485 

of  habeas  corpus,  relative  to 245 

Writs,  in  civil  matters,  law  relative  to  service  of,  amended       ....  484 


Y. 

Yarmouth,  town  of,  appropriation  to  improve  the  channel  of  Bass  river  in      .       124 
Young  children,  law  relative  to  the  commitment  of,  amended  ....      235 


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