.^
MASS
ACTS
RESOLVES
PASSED BY THE
General ^m\i of piassarlmsetts,
IN THE TEAR
1903,
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.
1903.
A CONSTITUTION
FORM OF GOYERlSrMEXT
Commonto^altlj cf P^assacl^us^tts.
PREAMBLE.
The end of the institution, maintenance, and administra- objects of
tion of government, is to secure the existence of the body go^er'^^^^t-
politic, to protect it, and to furnish the individuals who
compose it with the power of enjoying in safety and tran-
quillity their natural rights, and the blessings of life : and
whenever these great objects are not obtained, the people
have a right to alter the government, and to take meas-
ures necessary for their safety, prosperity, and happiness.
The body politic is formed by a voluntary association Body politic,
of individuals : it is a social compact, by which the whole it°^at*ure!'^'
people covenants with each citizen, and each citizen with
the whole people, that all shall be governed by certain
laws for the common good. It is the duty of the people,
therefore, in framing a constitution of government, to pro-
vide for an equitable mode of making laws, as well as for
an impartial interpretation and a faithful execution of
them ; that every man may, at all times, find his security
in them.
We, therefore, the people of Massachusetts, acknowl-
edging, with grateful hearts, the goodness of the great
Legislator of the universe, in affording us, in the course
of His providence, an opportunity, deliberately and peace-
CONSTITUTION OF THE
ably, Avithout fraud, violence, or surprise, of entering into
an original, explicit, and solemn compact with each other ;
and of forming a new constitution of civil government,
for ourselves and posterity ; and devoutly imploring His
direction in so interesting a design, do agree upon, ordain,
and establish, the following Declaration of Rights^ and
Frame of Government, as the Constitution of the Com-
monwealth OF Massachusetts.
Equality and
natural rights
of all men.
Right and duty
of public relig-
ious worship.
Protection
therein.
2 0ush. 104
12 Allen, 129.
Amendments,
Art. XI substi
tuted for this.
Legislature
empowered to
coRipel provi-
sion for public
■worship;
PART THE FIRST.
A Declaration of the Rights of the Inhabitants of the
Oommonivealth of Massachusetts.
Article I. All men are born free and equal, and have
certain natural, essential, and unalienable rights ; among
which may be reckoned the right of 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
societ}^ publicly, and at stated seasons, to worship the
Supreme Being, the great Creator and Preserver of the
universe. And no subject shall be hurt, molested, or
restrained, in his person, libert}^ or estate, for worship-
ping God in the manner and season most agi'eeable to the
dictates of liis own conscience ; or for his religious pro-
fession of sentiments ; provided he doth not distm'b the
public peace, or obstruct others in their religious worship.
III. [As the happiness of a people, and the good order
and preservation of civil government, essentially depend
upon pietv, religion, and morality; and as these cannot
be generally diffused through a community but by the
institution of the public worship of God, and of public
instructions in 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 recjuire, and the legislature shall,
from time to time, authorize and require, the several towns,
parishes, precincts, and other bodies politic, or religious
societies, to make suitable provision, at their own expense,
for the institution of the public worship of God, and for
COMMONWEALTH OF MASSACHUSETTS. 5
the support and maintenance of public Protestant teachers
of piety, rehgion, and morality, in all cases where such
provision shall not be made voluntarily.
And the people of this commonwealth have also a right attTndance^""*
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 an}^ 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- fouVteacherV^'
ties, shall, at all times, have the exclusive right of electing secured.
their public teachers, and of contracting with them for
their support and maintenance.
And all moneys paid by the subject to the support of ^^omparochiai
public worship, and of the public teachers aforesaid, shall, ^''^w^ ^^^i^gg®
if he require it, be uniformly applied to the support of the etc '
public teacher or teachers of his own religious sect or de-
nomination, provided there be any on whose instructions
he attends ; otherwise it may be paid towards the support
of the teacher or teachers of the parish or precinct in which
the said moneys are raised.
And every denomination of Cliristians, demeaning them- Aiidenomina-
selves peaceably, and as good subjects of the commonwealth, protect^ed! ^
shall be equally under the protection of the law : and no suwlnatioa
subordination of any one sect or denomination to another anotiferp'rV-°
shall ever be established by law.] hibited.
IV. The people of this commonwealth have the sole Right of self
and exclusive right of governing themselves, as a free, secured.
sovereign, and independent state ; and do, and forever
hereafter shall, exercise and enjoy every power, jurisdic-
tion, and right, which is not, or may not hereafter be, by
them expressly delegated to the United States of America,
in Congress assembled.
V. All power residing originally in the people, and ^f'^au^o'iEc^ir"^
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 public bemg
and exclusive privileges, distinct from those of the com- p^ecui'iir privi*°
munity, than what arises from the consideration of ser- leges, iieredi-
T 1 1 , . -, 1 . . t^n'y omces 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-
ernmeut; right
of people to
institute aud
change it.
Right of people
to secure rota-
tion in office .
All, having the
qualiftcalious
prescribed,
equally eligible
to olHce. Kor
the definition of
" inhabitant,"
Bee 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, lf)4.
1 Allen, 150.
4 Allen, 474.
Private prop-
erty not to be
taken for public
■uses without,
etc.
6 Cush. 327.
14 Gray, l.'io.
16 Gray, 417,
431.
or descendants, or relations by blood, the idea of a man
born a magistrate, lawgiver, or judge, is absurd and
unnatural.
VII. Government is instituted for the common good ;
for the protection, 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 have an incontestable, unalienable, and inde-
feasible right to institute government ; and to reform,
alter, or totally change the same, when their protection,
safety, prosperity, and happiness require it.
VIII. In order to prevent those who are vested with
authority from becoming oppressors, the people have a
right, at such periods and in such manner as they shall
establish by their frame of government, to cause their
public officers to return to private life ; and to fill up
vacant places by certain and regular elections and appoint-
ments.
IX. All elections ought to be free ; and all the inhab-
itants of this commonwealth, having such qualifications as
they shall establish by their frame of government, have an
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-
sequentl}^ 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
bod}^ have given their consent. And whenever the pub-
lic exigencies require that the property of any individual
should be appropriated to public uses, he shall receive a
reasonable compensation therefor.
1 Allen, 150.
11 Allen, 530.
12 Allen, 223, 230.
100 Mass. 544, 560.
103 Maes. 120, 624.
106 Mass. 35R, 362.
108 Mass. 202, 213.
Ill Mass. 130.
113 Mass. 45.
116 Mass. 463.
126 Mass. 428, 441.
127 Mass. 50, 52,
358, 363, 410, 413.
129 Mass. 559.
Jlc^ui^irt'o'tbe -^I- Every subject of the commonwealth ought to find
law, to be free, a ccrtaiu remedy, by havino- recourse to the laws, for all
complete and ... i • i i • • i •
prompt. injuries or wrongs which he may receive in his person,
property, or character. He ought to obtain right and
COMMONWEALTH OF MASSACHUSETTS. 7
justice freely, and without being obliged to purchase it ;
completely, and without any denial ; promptly, and with-
out delaj^ ; conformably to the laws.
XH. No subject shall be held to answer for any crimes Prosecutions ^
or offence, until the same is fully and plainly, substantially s Pick. 211.
and formally, described to him ; or be compelled to accuse, is pick. 434.
or fm-nish evidence against himself. And every subject f'^lthid^'
shall have a right to produce all proofs that may be favor- i^or^y^i^^^-
able to him ; to meet the witnesses against him face to face, & gray', leo,
and to be fully heard in his defence by himself, or his 10 Gray, ii."
counsel, at his election. And no subject shall be arrested, 2 Aii'enVsei.'
imprisoned, despoiled, or deprived of his property, immu- ^u(\2u,'i3^
nities, or privileges, put out of the protection of the law, i-pj^ugi, j^o
exiled, or deprived of his life, liberty, or estate, but by the sTMass.'sTo,
judgment of his peers, or the law of the land. looMass. 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 legislature shall not make any law that shall Rigw to trial
o . . . , "Y Jury in
subiect any person to a capital or infamous punishment, criminal cases,
GXCGDt etc
exceptino; for the o;overnment of the army and navy, with- s Gray, 329, 373.
, 5- 1 u • 103 Mass. 418.
out trial by jury.
XHI. In criminal prosecutions, the verification of facts. Crimes to be
in the vicinity where they happen, is one of the great- ^dnity!°* ^
est securities of the life, liberty, and property of the loiM^ass^^ei, 62.
citizen .
XrV. Every subject has a right to be secure from all ^nf^eLVr?'^''''
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- L^Gray,^454.
mation, and if the order in the warrant to a civil officer, to loo'^as"'. we
make search in suspected places, or to arrest one or more {^g-^^^g 209
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 Right to trial
all suits between two or more persons, except in cases in escept^Tc"^ '
which it has heretofore been otherways used and practised, Amend°t vil''
the parties have a right to a trial by jury ; and this method 2 Pjck. 382.
of procedure shall be held sacred, unless, in causes arising ^^^ay, 144.
ii'i 1 1 • ^ Gray, 373.
on the high seas, and such as relate to mariners wages, iiAiien, 574,
the legislature shall hereafter find it necessary to alter it. io2'Ma8s.45,47.
114 Mass. 388, 390. 122 Mass. 505, 516. 125 Mass. 182, 188.
120 Maes. 320, 321. 123 Mass. 590, 593. 128 Mass. 600.
CONSTITUTION OF THE
Liberty of the
press.
Right to keep
and bear arms.
Btanding armies
dangerous.
Military power
subordinate to
civil.
6 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 sus-
pend the laws
or their execu-
tion.
Freedom of de-
bate, etc., and
reason thereof.
Frequent ses-
Bions, and ob-
jects thereof.
Taxation
founded on
consent.
8 Allen, 247.
XVI. The liberty of the press is essential to the secu-
rity of freedom in a state : it ought not, therefore, to be
restrained in this commonwealth.
XVII. The people have a right to keep and to bear
arms for the common defence. And as, in time of peace,
armies are dangerous to liberty, they ought not to be
maintained without the consent of the legislature ; and
the military power shall always be held in an exact subor-
dination to the civil authority, and be governed by it.
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 absplutely necessary to preserve the
advantages of liberty, and to maintain a free government.
The people ought, consequently, to have a particular atten-
tion to all those principles, in the choice of their officers
and representatives : and they have a right to requu'e of
their lawgivers and magistrates an exact and constant
observance of them, in the formation and execution of the
laws necessary for the good administration of the common-
wealth.
XIX. The people have a right, in an orderly and peace-
able manner, to assemble to consult upon the common
good ; give instructions to their representatives, and to
request of the legislative body, by the way of addresses,
petitions, or remonstrances, redress of the wrongs done
them, and of the grievances they suffer.
XX. The power of suspending the laws, or the execu-
tion of the laws, ought never to be exercised but b}^ 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 court or place whatsoever.
XXII. The legislature ought frequently to assemble
for the redress of grievances, for correcting, strengthening,
and confirming the laws, and for making new laws, as the
common good may require.
XXIII. No subsidy, charge, tax, impost, or duties
ought to be established, fixed, laid, or levied, under any
pretext whatsoever, without the consent of the people or
their representatives in the legislature.
COMMONWEALTH OF MASSACHUSETTS. 9
XXIV. Laws made to punish for actions done before j^x post facto
the existence of such laws, and which have not been de- il^uen, 421'f '
clared crimes bj preceding laws, are unjust, oppressive, ^^•'*2^'**^-
and inconsistent with the fundamental principles of a free
government.
XXV. No subject ought, in any case, or in any time. Legislature not
to be declared guilty of treason or felony by the legis- treasor.^etc.
lature.
XXVI. No magistrate or court of law shall demand or^fine''i7ar.d'"
excessive bail or sureties, impose excessive fines, or inflict cruei punish-
-. . ■, ments, pro-
cruel or unusual punishments. 5 Gray, 482. Mbited.
XXVII. In time of peace, no soldier ought to be quar- No soldier to be
tered in any house without the consent of the owner ; and house^uniess^^
in time of war, such quarters ought not to be made but ®*°'
by the civil magistrate, in a manner ordained by the legis-
lature .
XXVin. No person can in any case be subject to law- citizens exempt
martial, or to any penalties or pains, by virtue of that law, tiTi%niIsT,*etc.
except those employed in the army or navy, and except
the militia in actual service, but by authority of the legis-
lature.
XXIX. It is essential to the preservation of the rights Judges of su.
of every individual, his life, liberty, property, and charac- court! ■'"^'"'*'
ter, that there be an impartial interpretation of the laws, X^^t^y^Vii,
and administration of justice. It is the right of every ^|^|}^°'>^^i.
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, Tenureof 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 oiEces 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 conmionwealth, the separation of
legislative department shall never exercise the executive ciarandlegls.^'
and judicial powers, or either of them : the executive shall menTaf^^"'^'
never exercise the legislative and judicial powers, or either 2 Aiie^n sei'
of them: the iudicial shall never exercise the leo-islative s Alien', 247, 253,
. . , PI 1 n . 100 Mass. 282,
and executive powers, or either of them : to the end it 2S6.
1 j_ jy-> -^ !_ f ll^l 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.
PART THE SECOND.
The Frame of Government.
The people, inhabiting the territory formerly called the
Province of Massachusetts Bay, do hereby solemnly and
mutually agree with each other, to form themselves into a
free, sovereign, and independent body politic, or state, by
the name of The Commonwealth of Massachusetts.
CHAPTER I.
Legislative
department.
For change of
time, etc., Bee
amendments.
Art. X.
Governor's
veto.
99 Mass. 636.
Bill may be
passed by two-
thirds of each
house, notwith-
standing.
THE LEGISLATIVE POWER.
Section I.
The 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
orp 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 an}^ 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
Avhichsoevcr the same shall have originated ; who shall
enter tlio 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, notAvith-
standing the said objections, agree to pass the same, it
shall, together with the objections, be sent to the other
branch of the legislature, where it shall also be reconsid-
ered, and if approved by two-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.
J 1 -i" u-ll !■ or exception
And m order to prevent unnecessary delays, it any bill in case of ad-
or resolve shall not be returned by the governor within the'gener'ai°
five days after it shall have been presented, the same shall the fivldaj^s,
have the force of a law. 3 Mass. 567. meift^Art.i.
HI. The general court shall forever have full power General court
and authority to erect and constitute judicatories and judicatories" ^
courts of record, or other courts, to be held in the name orf^etc.* '^^'^"
of the commonwealth, for the hearing, trying, and deter- i2*G?ay,^i47,
mining of all manner of crimes, oflences, pleas, processes, is*-
plaints, actions, matters, causes, and things, whatsoever,
arising or happening Avithin the commonwealth, or between
or concerning persons inhabiting, or residing, or brought
within the same : whether the same be criminal or civil,
or whether the said crimes be capital or not capital, and
whether the said pleas be real, personal, or mixed ; and
for the awarding and making out of execution thereupon.
To which courts and judicatories are hereby given and ^""'"^dm^-'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 herebv General court
1 , 1 , 1 • 1 1 J j» j^' / may euact laws,
given and granted to the said general court, irom 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, 237^"^^^°' "^'
directions and instructions, either with penalties or with- 100 Mass. 544.
out ; so as the same be not repugnant or contrary to this iie Mass. 467,
constitution, as they shall judge to be for the good and may enact
welfare of this commonwealth, and for the government repi^gnlnt to *
and ordering thereof, and of the subjects of the same, and g^tiieT^os!'""'
for the necessary support and defence of the government
thereof; and to name and settle annually, or provide by may provide
c> 11 r. .1 • 1 jji. ii'-i re for tbe election
faxed laws lor the naming and settling, all civil omcers or appointment
within the said commonwealth, the election and consti- ii5°Ma8s!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 Allen, 268.
12 Allen, 77, 223,
235, 238, 240,
298, 300, 312,
313, 500, 612.
98 Mass. 19.
100 Mass. 285.
101 Mass. 575,
585
103'Mas8. 267.
114 Mass. 388,
391
lie'Mase. 461.
118 Mass. 386,
389.
123 Mass. 493,
495
127'MaBe. 413.
may impose
taxes, etc., to be
disposed of for
defeuce, protec-
tion, etc.
8 Allen, 247, 256,
Valuation of
estates once in
ten years, at
least, while, etc.
8 Allen, 247.
126 Mass. 547.
this constitution ; and to impose and levy proportional
and reasonable assessments, rates, and taxes, upon all the
inhabitants of, and persons resident, and estates lying,
within the said commonwealth ; and also to impose and
levy reasonable duties and excises upon any produce,
goods, wares, merchandise, and commodities, whatsoever,
))rought into, produced, manufactured, or being within
the same ; to be issued and disposed of by warrant, under
the hand of the governor of this commonwealth for the
time being, with the advice and consent of the council,
for the public service, in the necessary defence and sup-
port of the government of the said commonwealth, and
the protection and preservation of the subjects thereof,
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.
C-HAPTER 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,
(lualified 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 i)urpose : and the
general court, in assigning the numbers to be elected by
the respective districts, shall govern themselves by the pro-
portion of the public taxes paid by the said districts ; and
timely make known to the inhabitants of the common-
wealth the limits of each district, and the number of coun-
cillors and senators to be chosen therein ; provided, that
the number of such districts shall never be less than thir-
COMMONWEALTH OF MASSACHUSETTS. 13
teen ; and that no district be so large as to entitle the
same to choose more than six senators.
And the several counties in this commonwealth shall, ^ "strictT imui
until the general court shall determine it necessary to etc.
alter the said districts, be districts for the choice of coun-
cillors and senators, (except that the counties of Dukes
Count}' and Nantucket shall form one district for that pur-
pose) and shall elect the following number for councillors
and senators, viz. : — Sufiblk, six ; Essex, six ; Middlesex,
five ; Hampshire, four ; Plymouth, three ; Barnstable, one ;
Bristol, three ; York, two ; Dukes County and Nantucket,
one ; Worcester, five ; Cumberland, one ; Lincoln, one ;
Berkshu'e, two.]
11. The senate shall be the first branch of the legislat- Manner and
. t> time of choosing
ure ; and the senators shall be chosen in the following man- senators and
councillors Sgg
ner, viz. : there shall be a meeting on the [first Monday in amendments,
April,] annually, forever, of the inhabitants of each town xv!' as*"^
in the several counties of this commonwealth ; to be called amendmemt,
by the selectmen, and warned in due course of law, at p^^;,^-^^,^ ^^ ^^
least seven days before the T first Monday in April,] for qualifications of
•;, L -^ 1 voters, euper-
the purpose ot electino; i^ersons to be senators and coun- sededbyamend-
ments Arts
cillors ; [and at such meetings every male inhabitant of in., xx.,
twenty-one years of age and upwards, having a freehold xxx"x'xxi.
estate within the commonwealth, of the annual income of word^ShaM-
three pounds, or any estate of the value of sixty pounds, tant" defined
^ ' . -^ J 1 ^ See also amend-
shall have a right to give in his vote for the senators for ments, Art.
O o XXIII which
the district of which he is an inhabitant.] And to remove was annulled by
all doubts concerning the meaning of the word ' ' inhabi- 12 dray, 21.'
tant" in this constitution, every person shall be considered 122 Mass. o9o,
as an inhabitant, for the purpose of electing and being
elected into any office, or place within this state, in that
town, district, or plantation where he dwelleth, or hath
his home.
The selectmen of the several towns shall preside at selectmen to
, . . Till .1 (• preside at town
such meetings impartially ; and shall receive the votes of 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 ^^ to cities, see
, 1 11 11 11 11 11 amendments,
the selectmen and the town clerk, and shall be sealed up, Art. n.
directed to the secretary of the commonwealth for the
time being, with a superscription, expressing the purport
14
CONSTITUTION OF THE
Time changed
to flret Wednes-
day of January,
fcfee amend-
ments, Art. X.
Inhabitants of
unincorporated
plantations,
who pay state
taxes, may vote.
Plantation
meetings.
Time of elec-
tion changed by
amendments,
Art. XV.
Assessors to
notify, etc.
Governor and
council to ex-
amine and count
votes, and issue
suminouBes.
Time changed
to first Wednes-
day in January
byameudments.
Art. X.
Majority
changed to
plurality by
amendments.
Art. XIV.
Senate to be
final judge of
elections, etc.,
of the contents thereof, and delivered by the town clerk
of such towns, to the sheriff of the county in which such
town lies, thu'ty days at least before [the last Wednes-
day in May] annually ; or it shall be delivered into the
secretary's office seventeen days at least before the said
[last Wednesday in May :] and the sheriff of each county
shall deliver all such certificates by hiin received, into
the secretary's office, seventeen days before the said [last
Wednesday in May.]
And the inhabitants of plantations unincorporated,
qualified as this constitution provides, who arc or shall
be empowered and required to assess taxes upon them-
selves toward the support of government, shall have
the same privilege of voting for councillors and senators
in the plantations where they reside, as town inhabitants
have in their respective toAvns ; and the plantation meet-
ings for that purpose shall be held annually [on the same
first Monday in April] , at such place in the plantations,
respectively, as the assessors thereof shall direct ; which
assessors shall have like authority for notifying the elec-
tors, collecting and returning the votes, as the selectmen
and town clerks have in their several towns, by this con-
stitution. And all other persons living in places unincor-
porated (qualified as aforesaid) who shall be assessed to
the support of government by the assessors of an adjacent
town, shall have the privilege of giving in their votes for
councillors and senators in the town where they .shall be
assessed, and be notified of the place of meeting by the
selectmen of the town where they shall be assessed, for
that purpose, accordingly.
III. And that there may be a due convention of sena-
tors on the [last Wednesday in May] annually, the gov-
ernor with five of the council, for the time being, shall,
as soon as may be, examine the returned copies of such
records ; and fourteen days before the said day he shall
issue his summons to such persons as shall appear to be
chosen by [a majority of] voters, to attend on that day,
and take their seats accordingly : provided, nevertheless,
that for the first year the said returned copies shall be
examined by the president and five of the council of the
former constitution of government ; and the said president
shall, in like manner, issue his summons to the persons
so elected, that they may take their seats as aforesaid.
IV. The senate shall be the final judge of the elec-
tions, returns and qualifications of their own members, as
COMMONWEALTH OF MASSACHUSETTS. 15
pointed out in the constitution; and .shall, [on tlie said of its own mem-
last Wednesday in May] annually, determine and declare ?'fl®'^^?-"§®'*
who are elected by each district to be senators [by a day of January
majority of votes ; and in case there shall not appear to mentefArt. x.
be the full number of senators returned elected by a ^^nged to
majority of votes for an}' district, the deficiency shall be ^J^endSents
supplied in the followino; manner, viz. : The members of Art.xiv.
the house of representatives, and such senators as shall
be declared elected, shall take the names of such persons
as shall be found to have the highest number of votes
in such district, and not elected, amounting to twice the
number of senators wanting, if there be so many voted
for ; and out of these shall elect by ballot a number of Jj^^^""®®- ^°"^
senators sufficient to fill up the vacancies in such district ; changed to
and in this manner all such vacancies shall be filled up in pe^opie^ ^
every district of the commonwealth ; and in like manner ment8?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 Propmty quaii-
in his own right of a freehold, within this commonwealth, {fhed!° '*'^°^'
of the value of three hundred pounds at least, or possessed ^^e^ntrArt
of personal estate to the value of six hundred ijounds at ^^^\- ,
1 /"ii 1 <^i 1-11 J or further pro-
least, or of both to the amount of the same sum, and] who viMonasto
Jias 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 thlnYwo'daj^s.
time.
Vn. The senate shall choose its own president, ap- staii choose
. . i 1 ,. ^*^ ofhcers and
point its own ofhcers, and determine its own rules of establish its
proceedings.
Vin. The senate shall be a court with full authority . ehaiitryaii
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 ever}^
impeachment the members of the senate shall respectively
be sworn, ti'uly 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
ainenclnicnts,
Arts. 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 quorimi for doing business.]
Repvesentation
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 1;")0
ratable polls.
Towns liable to
fine in case, etc.
Expenses of
travelling to
ami from the
guiiernl court,
how puki.
Annulled by
Art. XXXV.
Qualifications
of a repre-
Bentative.
CHAPTER I.
Section IH.
House of Rejyresentatwes.
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 three representatives ; and proceeding in
that manner, making two hundred and twenty-five ratable
polls the mean increasing number for every additional
representative.
Provided, nevertheless, that each town now incorporated,
not having one hundred and fifty ratable polls, may elect
one representative ; but no place shall hereafter be incor-
porated with the privilege of electing a representative,
unless there are within the same one hundred and fifty
ratable polls.]
And the house of representatives shall have power from
time to time to impose fines upon such towns as shall
neglect to choose and return members to the same, aarree-
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 Avho 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 hy written votes ; [and, for one year at
COMMONWEALTH OF MASSACHUSETTS. 17
least next preceding: his election, shall have been an inhab- NewproviBion
„ ^t , r • 1 • ^ ■ ' ^ J. J? r as to residence.
itant of, and have been seised m his own right oi a tree- seeamend-
hold of the value of one hundred pounds within the town xxT' ''^'
he shall be chosen to represent, or any ratable estate to ficauons aT'ol"'
the value of two hundred pounds ; and he shall cease to '^^f^^/^^_^''^^
represent the said town immediately on his ceasing to be xiii. '
qualified as aforesaid.]
IV. [Every male person, being twenty-one 3'^ears of ^f"f^^J|*'°°^
asre, and resident in anv particular town in this common- These pro-
~ 1 , r. 1 1'" 1 T 1 • visions super-
wealth for the space 01 one year next preceding, having a seded by
freehold estate within the said town of the annual income A^tT m'!°xx.,
of three pounds, or any estate of the value of sixty pounds, xxx"xxxi.
shall have a right to vote in the choice of a representative gg^ ^■^'^^;„^j.
or representatives for the said town.] xxm^whicii
V. [The members of the house of representatives shall waeannniiedby
be chosen annuall}^ in the month of May, ten days at least Rep/egenta!
before the last Wednesdav of that month.] tives, when
>' J chosen.
Time of election changed by amendments, Art. X., and changed again by amendments,
Art. XV.
VI. The house of representatives shall be the grand ^°"^^^^°°^
inquest of this commonwealth ; and all impeachments
made by them shall be heard and tried by the senate.
VII. All money bills shall originate in the house of House to ongi-
•J ~ 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 ^a7s^.* ''''*'^°
not exceed two days at a time.
IX. [Not less than sixty members of the house of '^^°J^^^J^^
representatives shall constitute a quorum for doing busi- Art|^ xxi. and
ness.]
X. The house of representatives shall be the judge of ^g°^jj':Jf/'e°/ ^f
the returns, elections, and qualifications of its own mem- itsown'mem-
bers, as pointed out in the constitution ; shall choose their its officers and
own speaker; appoint their own ofiicers, and settle the rui'L, etc! ^
rules and orders of proceeding in their own house. They May punish
shall have authority to punish by imprisonment every offences!*''
person, not a member, who shall be guilty of disrespect i^ Gray, 226.
to the house, by any disorderly or contemptuous behavior
in its presence; or who, in the town where the general
court is sittins:, and durino- the time of its sitting, shall
threaten harm to the body or estate of any of its members,
for any thing said or done in the house ; or who shall
assault any of them therefor ; or who shall assault, or
arrest, any witness, or other person, ordered to attend the
18
CONSTITUTION OF THE
Privileges of
members.
Senate.
Governor and
council may
punish.
General limita-
tion .
14 Gray, 226.
Trial may be by
committee, or
otherwise.
house, in his way in going or returning; or who shall
rescue any person arrested by the order of the house.
And no member of the house of representatives shall
be arrested, or held to bail on mesne process, during his
going imto, returning from, or his attending the general
assembly.
XI. The senate shall have the same powers in the like
cases ; and the governor and council shall have the same
authority to punish in like cases : provided, that no impris-
onment on the warrant or order of the governor, council,
senate, or house of representatives, for either of the above
described offences, be for a term exceeding thu'ty 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 wa}^ as the}^ may respectively
think best.
Governor.
His title.
To be chosen
annually.
Qualifications.
Bee amend-
meuts, Arts.
VII. and
XXXIV.
By whom
chosen, if he
have a majority
of votes.
Time of elec-
tion changed by
amendments,
Art. X., and
changed again
by amend-
ments, Art. XV.
CHAPTER II.
EXECUTIVE POWER.
Section I.
Governor.
Article I. There shall be a supreme executive mag-
istrate, who shall be styled — The Governor of the
CoMMON^VEALTH OE MASSACHUSETTS ; and wliosc title
shall be — His Excellency.
II. The governor shall be chosen annual!}' ; and no
person shall be eligible to this office, unless, at the time of
his election, he shall have been an inhabitant of this com-
monwealth for seven yeoxs 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 Clu-istian 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
])resence 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- As to cities, see
ration thereof in the said meeting; and shall, in the pres- Art. ir.
ence of the inhabitants, seal up copies of the said list,
attested by him and the selectmen, and transmit the same
to the sherift' of the county, thirty days at least before the
[last Wednesday in May] ; and the sheriil' shall transmit ^ am wednts.
the same to the secretary's office, seventeen days at least day of January
by mnGnd-
before the said [last Wednesday in May] ; or the select- ments, Art. x.
men may cause retui'ns of the same to be made to the
office of the secretary of the conmion wealth, seventeen
days at least before the said day ; and the secretary shall
lay the same before the senate and the house of repre-
sentatives on the [last Wednesday in May], to be by them changed to
examined ; and in case of an election by a [majority] of all amendments,
the votes returned, the choice shall be by them declared ^".xiv.
and published : but if no person shall have a [majority] of ■whrn'^no^prr'son
votes, the house of representatives shall, by ballot, elect ^'^^ "* p^"'''"*^-
two out of four persons who had the highest number of
votes, if so many shall have been voted for ; but, if other-
wise, out of the number voted for ; and make retiu-n to
the senate of the two persons so elected ; on which the
senate shall proceed, by ballot, to electone, who shall be
declared governor.
IV. The governor shall have authority, from time to Power of gov.
time, at his discretion, to assemble and call together the governor and
councillors of this commonwealth for the time being ; and *^°"'^*" •
the governor with the said councillors, or five of them at
least, shall, and may, from time to time, hold and keep a
council, for the ordering and directing the affairs of the
commonwealth, agreeably to the constitution and the laws
of the land.
V. The governor, with advice of council, shall have May adjourn or
full power and authority, during the session of the gen- |enerai"court
cral court, to adjourn or prorogue the same to any time and^onvene '
the two houses shall desire ; [and to dissolve the same on as^^ dissoiu-
the day next preceding the last Wednesday in May ; and, *jj,°°'tf Art!x^'
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
coiu't is next at any time to convene, or any other cause
20
CONSTITUTION OF THE
As to disBolu-
tion,eee amend-
ments, Art. X.
Governor and
council may
adjourn the gen-
eral court in
cases, etc., but
not e.xceeding
ninety days.
Governor to be
commander-in-
chief.
happening, whereby danger may arise to the health or
lives of the members from their attendance, he may direct
the session to be held at some other, the most convenient
l)lace within the state.
[And the governor shall dissolve the said general cornet
on the day next preceding the last Wednesday in May.]
VI.
In cases of disagreement between the two houses
Limitation.
with regard to the necessit}^ expediency, or time of ad-
journment or prorogation, the governor, Avith 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 arnw and
navy, and of all the military forces of the state, by sea
and land ; and shall have full power, by hmiself, or by
any 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 by
land, within or without the limits of this commonwealth,
and also to kill, slay, and destroy, if necessary, and con-
quer, by all fitting ways, enterprises, and means whatso-
ever, all and every such person and persons as shall, at
any time hereafter, in a hostile manner, attempt or enter-
prise the destruction, invasion, detriment, or annoyance
of this commonwealth ; and to use and exercise, over the
army and navy, and over the militia in actual service, the
law-martial, in time of war or invasion, and also in time
of rebellion, declared by the legislature to exist, as occa-
sion shall necessarily require ; and to take and surprise,
by all ways and means whatsoever, all and ever}^ 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 anno3'ing this com-
monwealth ; and that the governor be intrusted Avith all
these and other powers, incident to the offices of cap-
tain-general and commander-in-chief, and admiral, to be
exercised aOTceablv 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, b}^ virtue of any power by this constitution
COMMONWEALTH OF MASSACHUSETTS. 21
granted, or hereafter to be gi-anted to him by the legis-
latui'e, transport any of the inhabitants of this common-
wealth, or oblige thtm 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 convenient!}^ have access.
VIII. The power of pardoning oflences, except such Governor and
as persons may be convicted of before the senate by an pardon o^ffences,
impeachment of the house, shall be in the governor, by ^^^'^p*' ®'*'-
and with the advice of council ; but no charter of par-
don, granted by the governor, with advice of the council
before conviction, shall avail the party pleading the same. But not before
notwithstanding any general or particular expressions 109 Mass. 323.
contained therein, descriptive of the ofience or ofi'ences
intended to be pardoned.
IX. All judicial officers, [the attorney-general,] the judicial offi.
solicitor-general, [all sherifts,] coroners, [and registers of nom'inated^a°n'd
probate,] shall be nominated and appointed by the gov- Fo?°provfsion8
ernor, bv and with the advice and consent of the council : as to election
' - , . 'of attorney-
and every such nomination shall be made by the governor, general, see
and made at least seven days prior to such appointment. Art.xvii. '
For provision as to election of sheriffs, registers of probate, etc., see amendments,
Art. XIX. For provision as to appointment of notaries public, see amendments.
Art. IV.
X. The captains and subalterns of the militia shall be Miiitia officers,
elected by the written votes of the train-band and alarm umitati'on of
list of their respective companies, [of twenty-one years bf^m'en'd'- """^
of age and upwards ;] the field officers of regiments shall ments, Art.v.
be elected by the written votes of the captains and subal-
terns of their respective regiments ; the brigadiers shall be
elected, in like manner, by the field officers of their respec-
tive brigades ; and such officers, so elected, shall be com- Howcommis-
missioned by the governor, who shall determine their rank. ^^°"^ '
The legislature shall, by standing laws, direct the time Election of
and manner of convening the electors, and of collect- ° *'^'*'
ing votes, and of certifying to the governor, the officers
elected.
The maior-o;enerals shall be appointed bv the senate and Major-generais,
•» O 11. ^ ,. ,1 howappomted
nouse of representatives, each having a negative upon the andcommis-
other ; and be commissioned by the governor.
For provisions as to appointment of a commissary-general, see amendments. Art. IV.
And if the electors of brigadiers, field officers, captains vacancies, how
or subalterns, shall neglect or refuse to make such elec- etc.
22
CONSTITUTIOX OF THE
Officers duly
commissioned,
how removed.
Superseded by
amendments,
Art. IV.
Adjutants, etc.
how appointed.
Army officers,
how appointed.
Organization of
militia.
Money, how
drawn from the
treasury,
except, etc.
13 Allen, 593.
All public
boards, etc., to
make quarterly
returns.
tions, after being duly notified, according to the laws for
the time being, then the governor, with advice of council,
shall appoint suitable persons to fill such offices.
[And no officer, duly commissioned to command in the
militia, shall be removed from his office, but by the address
of both houses to the governor, or b}^ fair trial in court-
martial, pursuant to the laws of the commonwealth for the
time being.]
The commanding officers of regmients shall appoint
their adjutants and quartermasters ; the brigadiers their
brigade-majors ; and the major-generals theu* aids ; and
the governor shall appoint the adjutant-general.
The governor, with advice of council, shall appoint all
officers of the continental army, whom by the confedera-
tion of the United States it is provided that this common-
wealth shall appoint, as also all officers of forts and
garrisons.
The divisions of the militia into brigades, regiments, and
companies, made in pursuance of the militia laws now in
force, shall be considered as the proper divisions of the
militia of this commonwealth, until the same shall be
altered in pursuance of some future law.
XI. No moneys shall be issued out of the treasiuy of
this commonwealth, and disposed of (except such sums as
may be appropriated for the redemption of bills of credit
or treasurer's notes, or for the pa3aiient of interest arising
thereon) but by warrant under the hand of the governor
for the time being, with the advice and consent of the
council, for the necessary defence and support of the com-
monwealth ; and for the protection and preservation of
the inhabitants thereof, agreeably to the acts and resolves
of the general court.
XII. All public boards, the commissary-general, all
superintending officers of public magazines and stores,
belonging to this commonwealth, and all commanding
officers of forts and garrisons within the same, shall once
in every tlii'ce months, officially, and without requisition,
and at other times, when required b}^ the governor, deliver
to him an account of all goods, stores, provisions, ammu-
nition, cannon with their appendages, and small arms
with their accoutrements, and of all other }xiblic property
whatever under their care rcspectiveh'' ; distinguishing the
quantity, number, quality and kind of each, as particu-
larly as may be ; together with the condition of such forts
and garrisons ; and the said commanding officer shall
COMMONWEALTH OF MASSACHUSETTS. 23
exhibit to the governor, when required by him, true and
exact plans of such forts, and of the land and sea or har-
bor or harbors, adjacent.
And the said boards, and all public officers, shall com-
municate to the governor, as soon as may be after receiv-
ing the same, all letters, despatches, and intelligences of a
public nature, which shall be directed to them respectively.
XIII. As the public good requires that the governor salary of
should not be under the inidue influence of any of the 8°'*'®™°'^-
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 tlie public, that he should not have
his attention necessarily diverted from that object to his
private concerns, and that he should maintain the dignity
of the commonwealth in the character of its chief magis-
trate, it is necessary that he should have an honorable
stated salary, of a fixed and permanent value, amply suffi-
cient for those purposes, and established by standing laws :
and it shall be amono- 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 by law for the justices of the supreme judicial court, judicial court.
And if it shall be found that any of the salaries afore- Salaries to be
said, so established, are insufficient, they shall, from time 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, fitie^and^quaii-
whose title shall be — His Honor; and who shall be amendment^r
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 How chosen.
votes for this officer, and the declaration of his election,
shall be in the same manner ; [and if no one person shall p/uraiity pro-
be found to have a maiority of all the votes returned, the videdforby
•} J ' amendments,
vacancy shall be filled by the senate and house of repre- Art. xiv.
24
CONSTITUTION OF THP:
President of
council.
Lieutenant-
governor a
member of,
except, etc.
Lieutenant-
governor to be
acting governor,
in case, etc.
sentatives, in the same manner as the governor is to be
elected, in case no one person shall have a majority of the
votes of the people to be governor.]
II. The governor, and in his absence the lieutenant-
governor, shall be president of the council, but shall have
no vote in council ; and the lieutenant-governor shall
alwa3\s be a member of the council, except when the chair
of the governor shall be vacant.
III. Whenever the chair of the governor shall be
vacant, by reason of his death, or absence from the com-
mouAvealth, 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, when 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
xin.
Superseded by
amendments.
Art. XVI.
If senators be-
come council-
lors, their seats
to be vacated.
CHAPTER II.
Section III.
Co7incil, and the Manner of settling 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 time, 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 Wednesdaj^ in May, b}' the joint ballot of
the senators and representatives assembled in one room ;
and in case there shall not be found upon the first choice,
the whole number of nine persons who will accept a seat
in the council, the deficiency shall be made up by the
electors aforesaid from among the people at large ; and
the number of senators left shall constitute the senate
for the year. The seats of the ixn-sons 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. XVT.
V. The resolutions and advice of the council shall be iiegisterof
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, "/governo7ui
or otherwise, then the council, or the major part of them, "''se, etc.
shall, during such vacancy, have full power and authority
to do, and execute, all and every such acts, matters, and
things, as the governor or the lieutenant-governor might
or could, by virtue of this constitution, do or execute, if
they, or either of them, were personally present.
VII. [And whereas the elections appointed to be made. Elections may
by this constitution, on the last Wednesday in May annu- untu.^etc™^
ally, by the two houses of- the legislature, may not be
completed on that day, the said elections may be adjourned
from day to day until the same shall be completed. And gupl^geded^by
the order of elections shall be as follows : the vacancies in amendments,
• r> 1 n n 1 r>n n i Arts. XVI. and
the senate, ii any, shall lirst be tilled 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, Oom'missary, etc.
Article I. [The secretary, treasurer and receiver- secretary, etc.,
general, and the commissary-general, notaries public, and] how chosen.
naval officers, shall be chosen annually, by joint ballot of to°eiecti^on'of ^^
the senators and representatives in one room. And, that urer^an^re-^'**'
the citizens of this commonwealth may be assured, from audtudXrand
time to time, that the moneys remaining in the public attomey-gen-
' '',,..,'-', (•ij r, eral, see amend-
treasury, upon the settlement and liquidation oi the pub- ments.Art.
26
CONSTITUTION OF THE
Treasurer in-
eligible for
more than five
succeeeive
years.
Secretary to
keep records ;
to attend the
governor and
council, etc.
lie accounts, arc their property, no man sliall be eligible
as treasurer and receiver-general more than five yea.r&
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.
CHAPTER III
Tenure of all
commissioned
officers to be
expressed.
Judicial officers
to hold office
during good
behavior, ex-
cept, etc.
But may be
removed on
address.
Justices of su-
preme judicial
court to give
opinions when
required.
122 Mass. 600.
126 Mass. 557,
561.
Justices of the
peace; tenure
of their office.
3 Gush. 584.
Provisions for
holding probate
courts.
12 Gray, 147.
JUDICIARY POWER.
Article I. The tenure, that all commission officers
shall by law have in theu' offices, shall be expressed in
their respective commissions. All judicial officers, duly
appointed, commissioned, and sworn, shall hold their offices
during good behavior, excepting such concerning whom
there is different provision made in this constitution :
provided, nevertheless, the governor, with consent of the
council, may remove them upon the address of both houses
of the legislature.
II. Each branch of the legislature, as well as the gov-
ernor and council, shall have authorit}^ to require the opin-
ions of the justices of the supreme judicial court, upon
important questions of law, and upon solemn occasions.
III. In order that the people may not suffer from the
long continuance in place of any justice of the peace who
shall fail of discharging the important duties of his office
with ability or fidelity, all commissions of justices of the
peace shall expire and become void, in the term of seven
years from their respective dates ; and, upon the expira-
tion of any commission, the same ma}^, if necessary, be
renewed, or another person appointed, as shall most con-
duce to the well-being of the commonwealth.
IV. The judges of probate of wills, and for granting
letters of administration, shall hold their courts at such
place or places, on fixed days, as the convenience of the
people shall require ; and the legislature shall, from time to
time, hereafter, appoint such times and places ; until which
appointments, the said courts shall be holden at the times
and places which the respective judges shall du-ect.
co:mmoxwealth of ^Massachusetts. 27
V. All causes of marriage, divorce, and alimony, and ^^orlferand
all appeals from the judges of probate, shall be heard and oJJ^g°°^'j;j,.
determined by the (governor and council, until the legis- visions made
*^ ~ , . . by law.
lature shall, by law, make other provision. 105 Mass. 327.
' "^ ' ^ 116 Mass. 317.
CHAPTER IV.
DELEGATES TO CONGRESS.
FThe delegates of this commonwealth to the congress of Delegates to
L o • 1 1 /> T congress.
the United States, shall, some time in the month 01 June,
annually, be elected by the joint ballot of the senate and
house of representatives, assembled together in one room ;
to serve in congress for one year, to commence on the first
Monday in November then next ensuing. They shall
have commissions under the hand of the governor, and
the great seal of the commonwealth ; but may be recalled
at any time within the year, and others chosen and com-
missioned, in the same manner, in their stead.]
CHAPTER V.
THE UNIVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF
LITERATURE, ETC.
Section I.
The University.
Article I. Whereas our wise and pious ancestors, so Harvard
early as the year one thousand six hundred and thirty-six, *^°"*'^®-
laid the foundation of Harvard College, in which univer-
sity many persons of great eminence have, by the blessing
of God, been initiated in those arts and sciences which
qualified them for public emplojTiients, both in church
and state ; and whereas the encouragement of arts and
sciences, and all good literature, tends to the honor of
God, the advantage of the Christian religion, and the great
benefit of this and the other United States of America,
— it is declared, that the President and Fellows of powers, privi-
Harvard College, in theu- corporate capacity, and thl^^presiiient
their successors in that capacity, thek' officers and ser- coufi^ler.^'
vants, shall have, hold, u^se, 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.
coufirmed.
Who ehall be
overseerfi.
See Statutes,
1851, 224.
1852, 27.
1859, 212.
1865, 173.
1880, 65.
Power of altera-
tion reserved to
the legislature.
to have, hold, use, exercise, and enjoy ; and the same are
hereb}^ ratified and confirmed unto them, the said presi-
dent and fellows of Harvard College, and to their suc-
cessors, and to their officers and servants, respectively,
forever.
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 Caml^ridge, 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 Colles^e ; 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, A'ested
with all the powers and authority belonging, or in any
way appertaining to the overseers of Harvard College ;
provided, that nothing herein shall be construed to pre-
vent the legislature of this commonwealth from making
such altemtions 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 legislatwre of the late Province of
the Massachusetts Bay.
COMMONWEALTH OF :\IASSACHUSETTS. 29
CHAPTEE V.
Section II.
27^6 Encourage^nent of Literature, etc.
Wisdom and knowledge, as well as virtue, diftused gen- Duty of legisiat-
erally among the body of the people, being necessary for istrateslnTu"
the preservation of their rights and liberties ; and as these F°o^furthe\°pro-
depend on spreading the opiDortunities and advantao-es of visions as to
t^..i o XI & iniblic schools,
education in the various parts of the country, and amono- see amend-
the difterent orders of the people, it shall be the duty xviii.
of legislatures and magistrates, in all future periods of 503. ^^'
this commonwealth, to cherish the interests of literature ^^ 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 agricultiu-e, arts, sciences, commerce, trades,
manufactures, and a natural history of the country ; to
countenance and inculcate the principles of humanit}^ and
general benevolence, public and private charity, industry
and frugality, honesty and punctuality in their dealings ;
sincerity, good humor, and all social affections, and gen-
erous sentiments, among the people.
CHAPTER VI.
OATHS AND SUBSCRIPTIONS ; INCOMPATIBILITY OF AND EXCLU-
SION FROM OFFICES; PECUNIARY QUALIFICATIONS; COMMIS-
SIONS; WRITS; CONFIRMATION OF LAWS; HABEAS CORPUS;
THE ENACTING STYLE; CONTINUANCE OF OFFICERS; PROVI-
SION FOR A FUTURE REVISAL OF THE CONSTITUTION, ETC.
Article I. [Any person chosen governor, lieutenant- Oaths, etc.
governor, councillor, senator, or representative, and accept-
ing the trust, shall, before he proceed to execute the duties
of his place or office, make and subscribe the following-
declaration, viz. :
" I, A. B., do declare, that I believe the Christian reli- Abolished see
' ' ' , amendments,
gion, and nave 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
CONSTITUTIOX OF THE
Declaration and
oaths of all
officers.
For new oath
of allegiance,
Bee 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 president and five of the council of the former consti-
tution ; and forever afterwards before the governor and
council for the time being.]
And every person chosen to either of the places or
offices aforesaid, as also any person appointed or commis-
sioned to any judicial, executive, military, or other ofiice
under the government, shall, before he enters on the dis-
charge of the business of his place or ofiice, take and sub-
scribe the following declaration, and oaths or afiirmations,
viz. :
[" I, A. B., do truly and sincerely acknowledge, profess,
testify, and declare, that the Commonwealth of Massachu-
setts is, and of right ought to be, a free, sovereign, and
independent state ; and I do swear, that I will bear true
faith and allegiance to the said commonwealth, and that I
will defend the same against traitorous conspiracies and all
hostile attempts whatsoever ; and that I do renounce and
abjure all allegiance, subjection, and obedience to the king,
queen, or government of Great Britain (as the case may
be) , and every other foreign power whatsoever ; and that
no foreign prince, person, prelate, state, or potentate,
hath, or ought to have, any jurisdiction, superiority, pre-
eminence, authority, dispensing or other power, in any
matter, civil, ecclesiastical, or spiritual, within this com-
monwealth, except the authority and power which is or
may be vested by their constituents in the congress of the
United States : and I do further testif}^ and declare, that
no man or body of men hath or can have any right to
absolve or discharge me from the obligation of this oath,
declaration, or afiirmation ; and that I do make this ac-
knowledgment, profession, testimony, declaration, denial,
renunciation, and abjuration, heartily and truly, according
to the common meaning and acceptation of the foregoing
words, without any equivocation, mental evasion, or secret
reservation whatsoever. So help me, God."]
"T, A. B., do solemnly sAvear and afi5rm, 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, agreeablv to
the rules and regulations of the constitution and the laws
of the commonwealth. So hel}) me, God."
Provided, ahvays, that when any person chosen or ap-
pointed as aforesaid, shall be of the denomination of the
CO^IMONWEALTH 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] ^' sivear
and," and [in each of them] the words " So help me,
God ; " subjoining instead thereof, " This I do under the
pains and 2)enalties of perjury."
And the said oaths or affirmations shall be taken and affirma^tio^ne
subscribed by the governor, lieutenant-governor, and coun- how^adminiB-
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 tmie shall be prescribed by the legislature.
11. No o-overnor, lieutenant-o-overnor, or iudo^e of the Plurality of
. . ' .) o offices pro-
supreme judicial coiu't, shall hold any other office or place, hibuedto gov-
under the authorit}^ of this commonwealth, except such as exceptretc.
by this constitution they are admitted to hold, saving that me^ntrArt.
the judges of the said court may hold the offices of justices "^^i-
of the peace through the state ; nor shall they hold any
other place or office, or receive any pension or salary from
any other state or government or power whatever.
No person shall be capable of holding or exercising at i^fe^^s^l''*'
the same tune, within this state, more than one of the fol-
lowing offices, viz. : judge of probate — sherifl' — register
of probate — or register of deeds ; and never more than
any two offices, which are to be held b}' appointment of
the governor, or the governor and council, or the senate,
or the house of representatives, or by the election of the
people of the state at large, or of the people of any county,
military offices, and the offices of justices of the peace
excepted, shall be held by one person.
No person holding the office of judge of the supreme incompatible
judicial com-t — secretary — attorne3^-general — solicitor- For'^further pro-
general — treasurer or receiver-general — judge of probate Scompaubie
— commissary-general — [president, professor, or instruc- amendments
tor of Harvard Colleo-e] — sheriff — clerk of the house of ^i*-^™* tt
c5 J _ /•IT Officers of Har-
representatives — register of probate — register of deeds vas-dcouege
— 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
CONSTITUTIOX OF THE
Incompatible
offices.
Bribery, etc.,
disqualify.
Value of money
ascertained.
Property quali-
fications may
be increased.
See amend-
ments. Arts.
Xni. 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 rejn'esonta-
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 ease any judge of
the said supreme judicial court, or judge of probate, shall
accept a seat in council ; or any councillor shall accept of
either of those offices or places.
And no person shall ever be admitted to hold a seat in
the legislature, or any office of trust or importance under
the government of this commonwealth, who shall, in the
due course of law, have been convicted of bribery or cor-
ruption in obtaining an election or appointment.
in. 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 ^vrits, 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 A^^^•it of habeas
corpus shall be enjoyed in this commonwealth, in the most
free, easy, cheap, expeditious, and ample manner ; and
shall not be suspended by the legislature, except upon the
most urgent and pressing occasions, and for a limited
time, not exceedinii^ twelve months.
COMMONWEALTH OF MASSACHUSETTS. 33
VIH. The enacting style, in making- and passing all Jtyf/°'*''*'°^
acts, statutes, and law.s, 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
dano^er arise to the commonwealth from a chanoe of the meXcontinued
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 eflect, shall have, hold, use, exercise,
;and enjoy, all the powers and authority to them granted
.or committed, until other persons shall be appointed in
their stead ; and all com'ts of law shall proceed in the
■execution of the business of their respective departments ;
And all the executive and legislative officers, bodies, and
powers shall continue in full force, in the enjoyment and
.exercise of all their trusts, employments and authority ;
until the general court, and the supreme and executive offi-
cers under this constitution, are designated and invested
with their respective trusts, poAvers, and authority.
X. [In order the more effectually to adhere to the Provision for
principles of the constitution, and to correct those viola- etilutk)l.*'°°'
tions which by any means may be made therein, as well provtMonaf to
.as to form such alterations as from experience shall be 8™^am™ifd-*^'
found necessary, the general court which shall be in the ments, Art. ix.
year of our Lord one thousand seven hundred and ninety-
jBve, 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 to^vns 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
thu'ds of the qualified voters throughout the state, who stuuToif""
.shall assemble and vote in consequence of the said pre-
cepts, are in favor of such revision or amendment, the
general court shall issue precepts, or direct them to be
issued from the secretary's office, to the several towns
to elect delegates to meet in convention for the purpose
;aforesaid.
The said delegates to be chosen in the same manner
and proportion as their representatives in the second
branch of the legislatm-e are by this constitution to be
chosen.]
34
CONSTITUTION OF THE
preJi?ltagand ^I- Tlils fomi of govemment shall be enrolled on
conitiultion''''' parcliment, and deposited in the secretary's office, and be
a part of the laws of the land ; and printed copies thereof
shall be prefixed to the book containing the laws of this
commonwealth, in all futm-e editions of the said laws.
ARTICLES OF AMENDMENT.
Bill, etc., not
approved within
five days, not to
become a law,
if legislature
adjourn in the
mean time.
3 Maee. 567.
See Conet., Ch.
I., § 1, Art. II.
General court
empowered to
charter cities.
122 Maes. 354.
ProviBO.
112 Mass. 200.
Qnalificationsof
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.
Akticle I. If any bill or resolve shall be objected to,
and not approved by the governor ; and if the general
court shall adjourn within five days after the same shall
have been laid before the governor for his approbation,
and thereby prevent his returning it with his objections,
as provided by the constitution, such bill or resolve shall
not become a law, nor have force as such.
Art. II. The general court shall have full power and
authority to erect and constitute municipal or city gov-
ernments, in any corporate town or towns in this com-
monwealth, and to grant to the inhabitants thereof such
powers, privileges, and immunities, not repugnant to the
constitution, as the general court shall deem necessary
or expedient for the regulation and government thereof,
and to prescribe the manner of calling and holding public
meetings of the inhabitants, in wards or otherwise, for
the election of officers under the constitution, and the
manner of returning the votes given at such meetings.
Provided, that no such government shall be erected or
constituted in any town not containing twelve thousand
inhabitants, nor unless it be with the consent, and on the
application of a majority of the inhabitants of such town,
present and voting thereon, pursuant to a vote at a meet-
ing duly warned and holden for that purpose. And pro-
vided, also, that all by-laws, made by such municipal
or city government, shall be subject, at all tmies, to be
annulled by the general court.
Art. III. Every male citizen of twenty-one years of
age and upwards, excepting paupers and persons under
guardianship, who shall have resided within the common-
wealth one year, and within the toAvn 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, any state
COMMONWEALTH OF MASSACHUSETTS. 35
or county tax, which shall, within two years next preced- ![„?™y>299--
ins: such election, haye been assessed upon mm, in any 597.
® ,..>,,,. 1,1 11 ' 124 Mass. 596.
town or district or tins commonwealth ; and also everj^ For educational
citizen who shall be, by law, exempted from taxation, eeeamTncu"'
and who shall be, in all other respects, qualified as aboye FoTprOT^sira^'
mentioned,] shall haye a right to yote in such election of ^ave s^r° edTn "
ffoyernor, lieutenant-o:oyernor, senators, and representa- the army or
~. T T ~ in '11 • navy in time
tiyes ; and no other ])erson shall be entitled to yote m of war, see
, 1 . . amendments,
such election. Arts.xxviii.
See also amendments, Art. XX TU., which was annulled by amendments, Art. XXyi.
Art. IV. Notaries i^ublic shall be appointed by the Notaries public,
,1 . T . . 1 ^y, how appointed
goyernor m the same manner as judicial omcers are ap- and removed.
pointed, and shall hold their offices during seyen years,
unless sooner remoyed by the goyernor, with the consent
of the council, upon the address of both houses of the
legislature.
[In case the ofl3ce of secretary or treasurer of the com- vacancies in the
ij.1 I n I- i _p 1 • offices of secre-
mon wealth shall become yacant ii-om any cause, during tary and treas-
the recess of the general court, the governor, with the TWs'ciausf"^'^"
advice and consent of the council, shall nominate and ame^u^me^nts^^
appoint, under such regulations as may be prescribed Art. xvii.
by law, a competent and suitable person to such vacant
office, who shall hold the saine until a successor shall be
appointed by the general court.]
Whenever the exigencies of the commonwealth shall ?r,™™^TnTh»
O general iiia\ be
require the appointment of a commissaiy-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 Miiitia officers,
1 1 /. -v. . 1 , 1 T • bow removed.
may be removed trom 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- subaUernT.* ^""^
nies, as well those under as those above the age of twenty-
one years, shall have a right to vote.
Art. VI. Instead of the oath of allegiance prescribed ty a^/officers®"
by the constitution, the following oath shall be taken and ^t^S^^^iu t
^, ., ■, , , '^ . , Ch. VI., Art. 1.
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 solemn!}^ swear, that I will bear true
faith and allegiance to the Commonwealth of Massachu-
setts, and will support the constitution thereof. So help
me, God."
36 CONSTITUTION OF THE
Qu°ake?8may Pwvided, That wlieii aii}^ person shall be of the denomi-
affirm. natioii 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. j^^,j, yjj_ -^q oath, declaration, or subscription, ex-
cepting the oath prescribed in the preceding article, and
the oath of office, shall be required of the governor, lieuten-
ant-governor, councillors, senators, or representatives, to
(jualify them to perform the duties of their respective offices.
o?ofifc^s^'^'"*^ Akt. VIII. No judge of any court of this common-
122 Mass. 445, wcaltli, (exccpt tlic court of sessions,) and no person
123 Mass. 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.
^nsm^uuon*' *° 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 yeas and nays
taken thereon, and referred to the general court then next
to be chosen, and shall be published ; and if, in the general
court next chosen as aforesaid, such proposed amendment
or amendments shall be agreed to by a majority of the
senators and two-thu*ds of the members of the house of
representatives present and voting thereon, then it shall
be the duty of the general court to submit such proposed
COMMONWEALTH OF MASSACHUSETTS. 37
amendment or amendments to the people ; and if they
shall be approved and ratified by a majorit}' of the quali-
fied voters, voting thereon, at meetings legally warned
and holden for that piu-pose, they shall become part of
the constitution of this commonwealth.
Art. X. The political year shall begin on the first commencement
Wednesday of January, 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 AVednesday of May. And the general court shall be ^. and termina-
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 o-eneral com*t from assembling at such other times as
they shall judge necessarj^, or when called together by the
governor. The governor, lieutenant-governor and coun-
cillors, shall also hold tlieu* respective offices for one year
next following the fu'st Wednesday of Januar}^ and until
others are chosen and qualified in their stead.
[The meeting for the choice of governor, lieutenant- Meetings for the
L o .1111 choice of gov-
sfovernor, senators, and representatives, shall be held on ernor, nemen-
" aut-'*0'V6rD0r
the second Monday of November in every year; but itc.rwhen to'be
meetings may be adjourned, if necessary, for the choice This clause
of representatives, to the next day, and again to the next am'endmems'^^
succeeding day, but no further. But in case a second ^^.xv.
meeting shall be necessary for the choice of representa-
tives, such meetings shall be held on the fourth Monday
of the same month of November.]
All the other provisions of the constitution, respecting
the elections and proceedings of the members of the gen-
eral court, or of any other ofiicers 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 ^""go inC^^"
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 ofiicers, who
are annually chosen, and Avho shall be chosen for the cur-
rent year, when the same shall go into operation, shall
hold their respective ofiices until the first Wednesday of
38
CONSTITUTION OF THE
Inconsletent
provisions
annulled.
Religions
freedom
established.
See Dec. of
Rights, Art.
Hi.
122 Mass. 40,41.
Cenens 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 conforinablj^ 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 hereb}''
wholly annulled.
Art. XI. Instead of the third article of the bill of
rights, the following modification and amendment thereof
is substituted : —
"As the public worship of God and instructions in
piety, religion, and morality, promote the happiness and
prosperity of a people, and the security of a republican
government ; therefore, the several religious societies of
this commonwealth, whether corporate or unincorporate,
at any meeting legally warned and holden for that pur-
pose, shall ever have the right to elect their pastors or
religious teachers, to contract with them for their support,
to raise money for erecting and repairing houses for public
worship, for the maintenance of religious instruction, and
for the payment of necessary expenses ; and all persons
belonging to any religious society shall be taken and held
to be members, until they shall file with the clerk of such
society a written notice, declaring the dissolution of their
membership, and thenceforth shall not be liable for any
grant or contract which may be thereafter made, or entered
into by such society ; and all religious sects and denomi-
nations, demeaning themselves peaceably, and as good
citizens of the commonwealth, shall be equally under the
protection of the law ; and no subordination of any one
sect or denomination to another shall ever be established
by law."
Art. Xn. [In order to provide for a representation
of the citizens of this commonwealth, founded upon the
principles of ecjuality, 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-
tarj^'s office, in such manner as the legislature shall pro-
vide, within the month of Ma}^ in the year of our Lord
one thousand eight hundred and thirty-seven, and in every
tenth year thereafter, in the month of Ma}^ 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 three hun-
dred, one representative more.
Any town having less than three hundred ratable polls Towns having
shall be represented thus : The whole number of ratable ratabie'^poiis,
polls, at the last preceding decennial census of polls, shall ^^^teir^
be multiplied by ten, and the product divided by tliree
hundred ; and such town may elect one representative as
many years within ten years, as three hundred is contained
in the product aforesaid.
Any city or town having ratable polls enough to elect fjprelented.°^
one or more representatives, with any number of polls
beyond the necessary number, ma}' 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, within the ten 3^ears, as four hundred
and fifty is contained in the product aforesaid.
Any two or more 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 disti'ict 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 determlne'the
Lord one thousand eight hundred and thirty-seven, accord- rey^ntotiverto"
ing to the foregoing principles, the number of representa- to^ln^^'entitied
tives, which each city, town, and representative district
is entitled to elect, and the number of years, within the
period of ten years then next ensuing, that each city,
town, and representative district may elect an additional
representative ; and where any town has not a suiBcient
number of polls to elect a representative each year, then,
how many years within the ten years, such town may elect
a representative ; and the same shall be done once in ten New apportion-
years, thereafter, by the governor and council, and the ™ifce*h?eve?y ^
number of ratable polls in each decennial census of polls, ^^'^y^^"-
shall determine the number of representatives, which each
40
CONSTITUTION OF THi:
Inconsistent
prciviBioiis
-auiiullecl.
Census of in-
liabitants to be
taken in 1840,
and decennially
thereafter, for
hati'in of repre-
sentation.
Provisions as to
census super-
eeded by amend-
ments, Arts.
XXI. and XXII.
Senatorial dis-
tricts declared
perma!ient.
Provisions as to
senators super-
seded by amend-
ments, Art.
XXII.
House of repre-
sentatives, how
apportioned.
Provisions as to
reijresentatives
Bui)ersede(l by
amendments,
Art. XXI.
Small towns,
how repre-
eented.
Towns may
imite into
representative
districts.
city, town and representative district nia}^ elect as afore-
said ; and Avlien the 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 be published forthwith for the information of the
people, and that number shall remain fixed and unalterable
for the ])eriod of ten years.
All the provisions of the existing constitution incon-
sistent with the provisions herein contained, are hereby
wholly an nulled , ]
Art. XIII. [A census of the inhabitants of each city
and town, on the first day of May, shall be taken, and
returned into the secretary's office, on or before the last
day of June, of the j^ear one thousand eight hundred and
forty, and of every tenth year thereafter ; which census
shall determine the apportionment of senators and repre-
sentatives for the term of ten years. 122 Mass. 595.
The several senatorial districts now existing shall be
permanent. The senate shall consist of forty members ;
and in the year one thousand eight hundred and forty,
and every tenth year thereafter, the governor and council
shall assign the number of senators to be chosen in each
district, according to the number of inhabitants in the
same. But, in all cases, at least one senator shall be
assigned to each district.
The members of the house of representatives shall be
apportioned in the following manner : Every town or city
containing twelve hundred inhabitants may elect one rep-
resentative ; and two thousand fom" hundred inhabitants
shall be the mean increasing number, which shall entitle
it to an additional representative.
Every town containing less than twelve hundred inhab-
itants shall be entitled to elect a representative as many
times Avithin 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.
Any two or more of the several towns may, by consent
of a majority of the legal voters present at a legal meet-
ing, in each of said towns, respectively, called for that
purpose, and held before the first da}^ 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 inhabitants.
The numl^er of inhabitants which shall entitle a town Basis of
, , . . .. -1 ., . . representation,
to elect one representative, and the mean increasing nuiii- aud 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 J,!d^c^o°mcii°to
council shall, before the first day of September, apportion n\^^i^er°oV^^
the number of representatives which each city, town, and representatives
of Gticn town
representative district is entitled to elect, and ascertain once in every
how many years, within ten years, any town may elect a ^'^^
representative, which is not entitled to elect one every
year ; and the governor shall cause the same to be pub-
lished forthwith.
Nine councillors shall be annually chosen from among councillors to
the people at large, on the first Wednesday of January, the'^peopie It""
or as soon thereafter as may be, by the joint ballot of the provisions as to
senators and representatives, assembled in one room, who g°perfededby
shall, as soon as may be, in like manner, fill up any vacan- ^t°^vr**'
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 quaimc^ation'for
be required as a qualification for holding a seat in either couJ*t orfo^cu
branch of 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 piuJaWy ot^ ^
for by the constitution, the person having the highest num- ^°*^*
ber of votes shall be deemed and declared to be elected.
Art. XV. The meetino- for the choice of o-overnor. Time of annual
~ -, • 1 11 election of gov-
lieutenant^governor, senators, and representatives, shall emor and legis-
be held on the Tuesday next after the first Monday in
November, annually ; but in case of a failure to elect rep-
42 CONSTITUTION OF THE
rescntativcs on that da}', a second meeting shall be holden,
for that jnirpose, on the fourth Monday of the same month
of November.
Eight council- Art. XVI. Eiffht councillors shall be annually chosen
lors to be chosen '^ . , . i , ^^n 'i
by the people, bv the inhabitants ot this commonwealth, qualmed to vote
TOO Njase 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
dl^^feme" thereafterwards, shall divide the commonwealth into eight
districts of contiguous territory, each containing a number
of inhabitants as nearly equal as practicable, without divid-
ing any town or ward of a city, and each entitled to elect
one councillor : provided, however, that if, at any time, the
constitution shall provide for the division of the common-
\vealth into forty senatorial districts, then the legislature
shall so arrange the councillor districts, that each district
shall consist of five contiguous senatorial districts, as
they shall be, from time to time, established by the legis-
deffied.'*^ lature. No person shall be eligible to the office of coun-
cillor who has not been an inhabitant of the commonwealth
for the term of five years immediately preceding his elec-
?e7ore1eS ^^""' "^^^^ ^^J ^"^ manner of the election, the return of
etc. ' the votes, and the declaration of the said elections, shall
be the same as are required in the election of governor.
Vacancies, how ^Whenever there shall be a failure to elect the full num-
^•sionTs to°' ^^^^ °^ councillors, the vacancies shall be filled in the same
vacancies, see manner as is required for filling vacancies in the senate ;
amendtnentB, , . ^ . iii'Ti iz- xij.j.
Art. XXV. and vacancies occasioned by death, removal irom the state,
or otherwise, shall be filled in like manner, as soon as may
Organization of ]^q after sucli vacancics shall have happened.! And that
the government. ' i i • i • • p ii
there may be no delay in the organization oi the govern-
ment on the first Wednesday of tTaniiar}^ the governor,
Avith at least five councillors for the time being, shall, as
soon as may be, examine the returned copies of the records
for the election of governor, lieutenant-governor, and coun-
cillors ; and ten days before the said first AYednesday in
January he shall issue his summons to such persons as
appear to be chosen, to attend on that day to be qualified
accordingl}'^ ; and the secretary shall lay the returns before
the senate and house of representatives on the said first
Wednesday in January, to be by them examined ; and in
case of the election of either of said officers, the choice
co:mmonavealth of Massachusetts. 43
shall be by them declared and published ; but in case there
shall be no election of cither 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.
Aet. XVII. The secretary, treasurer and receiver- Election of
general, auditor, and attorney-general, shall be chosen urerfaudltorf^'
annually, on the day in November prescribed for the genemVb^^the
choice of governor ; and each person then chosen as such, people.
duW 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
either of said officers on the day in November aforesaid,
or in case of the decease, in the mean time, of the person
elected as such, such officer shall be chosen on or before
the third Wednesday in January next thereafter, from
the two persons who had the highest number of votes for
said offices on the day in November aforesaid, by joint
ballot of the senators and representatives, in one room ;
and in case the office of secretary, or treasurer and receiver-
general, or auditor, or attorney-general, shall become va-
cant, from any cause, dm'ing an annual or special session
of the general court, such vacancy shall in like manner
be filled by choice from the people at large ; but if such
vacancy shall occur at any other time, it shall be supplied
by the governor by appointment, with the advice and con-
sent of the council. The person so chosen or appointed,
duly qualified in other respects, shall hold his office until
his successor is chosen and duly qualified in his stead.
In case any person chosen or appointed to either of the To qualify
offices aforesaid, shall neglect, for the space of ten dscys Tthei-wise office
after he could otherwise enter upon his duties, to qualify vac^ant.^^'"^''
himseh" in all respects to enter upon the discharge of such
duties, the office to which he has been elected or appointed
shall be deemed vacant. No person shall be eligible to Qualification
either of said offices unless he shall have been an inhabi- ^^^^^^^ ®'
tant of this commonwealth five 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 pued^fo? secta
all mone3's which may be appropriated b}^ the state for porori^niT
the support of common schools, shall be applied to, and proviBion as to
44
CONSTITUTION OF THE
schools, see
constitution,
Part First, Art.
III.
12 Allen, 500,
508.
103 Mass. 94, 98.
Legislature to
prescribe for
the election of
sheriffs, regis-
ters of probate,
etc. See
amend meuls,
Art. XXXVI.
8 Gray,!.
13 Gray, 74.
Reading consti-
tution iu
English and
writing, neces-
eary qualifica-
tions of voters.
Proviso.
For other quali-
fications, see
amendments.
Art. III.
See also amend-
ments. Art.
XXIII., which
was annulled by
amendments.
Art. XXVI.
Census of legal
voters and of
inhabitants,
when taken,
etc. See
P. S. c. 31.
House of repre-
sentatives to
consist of 210
members.
Legislature to
apportion, etc.
10 Gray, 613.
cxi)cnded in, no other schools than those which are con-
ducted according to law, under the order and superintend-
ence of the authorities of the town or city in which the
money is to be expended ; and such nionej's shall never
be appropriated to any religious sect for the maintenance,
exclusively, of its own school.
Art. XIX. The legislature shall prescribe, by general
law, for the election of sheriffs, registers of probate, [com-
missioners of insolvency,] and clerks of the courts, by the
people of the several counties, and that district-attorneys
shall be chosen by the people of the several districts, for
such term of office as the legislature shall prescribe.
no Mass. 172, 173. 117 Mass . 602, 603. 121 Mass. 65,
Art. XX. No person shall have the right to vote, or
be eliirible to oiEce 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, hoiu-
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 citv- The
enumeration aforesaid shall determine the apportionment
of rei)rescntatives 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 MASSACH][JSETTS. 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 clrs^uthorized
by the legislature, the number of representatives to which couiues^.
each county shall be entitled, to the board authorized to
divide each county into representative districts. The
mayor and aldermen of the city of Boston, the county
commissioners of other counties than Suffolk, — or in lieu
of the mayor and aldermen of the city of Boston, or of the
county commissioners in each county other than Suifolk,
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 firltTuelday
a shire town of their respective counties, and proceed, as pr^ef^ngs,
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 yea,r at least next preceding Quaiiflcationsof
his election, shall have been an inhabitant of the district 122^188^595^'
for which he is chosen, and shall cease to represent such ^^^'
district when he shall cease to be an inhabitant of the
commonwealth. The districts in each county shall be Districts to be
numbered by the board creating the same, and a descrip- de™ribe^d 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 conductins; the meetino;s for
the choice of representatives, and of ascertaining their
election, shall be prescribed by law. [Not less than one Quomm, see
hundred members of the house of representatives shall Arf."xxxiii.
constitute a quorum for doing business ; but a less num-
ber ma}' 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 da}^ of May, shall be taken and
46
CONSTITUTION OF THE
Voters to be
basis of appor-
tionment 01
senators.
Senate to con-
sist of forty
members.
Senatorial
districts, etc.
See amend-
ments, Art.
XXIV.
Qualifications
of senators.
Quorum, see
amendmerrts.
Art. XXXIII.
Residence of
two years re-
quired of natu-
ralized citizens,
to entitle to suf-
frage or make
eligible to office.
This article
annulled by
Art. XXVI.
Vacancies in the
senate.
returned into the office of the secretary of the common-
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 enumeration aforesaid shall determine the apportion-
ment of senators for the periods between the taking of the
census. The senate shall consist of forty members. The
general court shall, at its fii'st 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^ Jiowever,
that no town or ward of a city shall be divided therefor ;
and such districts shall be formed, as nearly as maj" 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 immediatel}^ 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 commonAvealth. [Not less
than sixteen senators shall constitute a quorum for doing
business ; but a less number may organize temporarily,
adjourn from day to day, and compel the attendance of
absent members.]
Art. XXIII. [No person of foreign birth shall be en-
titled to vote, or shall be eligible to office, unless he shall
have resided within the jurisdiction of the United States
for two years subsequent to his 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 possessed at the time of the adoption thereof; and,
provided, further, that it shall not afiect the rights of any
child of a citizen of the United States, born during the
temporary absence of the parent therefrom.]
Art. XXIV. Any vacanc}^ in the senate shall be filled
by election by the people of the unrepresented district,
upon the order of a majority of the senators elected.
COMMONWEALTH OF MASSACHUSETTS. 47
Art. XXV. In case of a vacancy in the council, from vacancies in the
a failiu'e of election, or other cause, the senate and house
of representatives shall, by conciu-rent vote, choose some
eligible person from the people of the district wherein such
vacancy occurs, to fill that office. If such vacancy shall
happen when the legislature is not in session, the governor,
with the advice and consent of the council, may fill the same
by appointment of some eligible person.
Art. XXVI. The twenty-third article of the articles Twenty -third
of amendment of the constitution of this commonwealth, amendments
which is as follows, to wit: " No person of foreign birth ^nnuued.
shall be entitled to vote, or shall be eligible to office, unless
he shall have resided within the jurisdiction of the United
States for two years subsequent to his natm'alization, and
shall be otherwise qualified, according to the constitution
und laAvs 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, farther, that it shall not affect the rights of any
€hild of a citizen of the United States, born during the tem-
porary absence of the parent therefrom," is hereby wholly
annulled.
Art. XXVH. So much of article two of chapter six Provisions of
of the constitution of this commonwealth as relates to per- vi.,' relating to
sons holding the office of president, professor, or instructor vard^oUeger'
of Harvard College, is hereby annulled. ^^^^\^^i.
Art. XXVIII. No person having served in the army superseded by
or navy of the United States in time of war, and having
been honorably discharged from such service, if otherwise
qualified to vote, shall be disqualified therefor on account
of being a pauper ; or, if a pauper, because of the non-
payment of a poll tax.
Art. XXIX. The general court shall have full power voting pre-
1 1 • • 1 <• 1 • 1 1 •. J J' ii J. cincts 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^son'^of ^
representatives, shall, by reason of a change of residence dencfuntiiTix
within the coimiion wealth, be disqualified from voting for [^^e^ofVemwai
said officers in the cit}^ or town from which he has removed
48
CONSTITUTION OF THE
Amendments,
Art. XXVIII.
amended.
Person who
teived 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 tonsiet of a
majority of
members.
Provisions of
Art. II., § I.,
Chap. II., Fart
II., relative to
property quali-
fication of
governor,
annulled.
Provisions of
Art. II., § III.,
Chap. I., rela-
tive to expense
of travelling to
the general
assembly by
members of the
house.annuUed.
his residence, until the ex[)iration of six calendar months
from the time of such removal.
Art. XXXI. Article twent}'-ci<i;ht of the amendments
of the constitution is hereby amended by striking- out in
the fourth line thereof the words " being a pauper", and
inserting in place thereof the wOrds : — receiving or having
received aid from any city or town, — and also by 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-pajTuent 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 cha})ter two of part the second of the constitution of
the commonwealth as is contained in the following words :
"and unless he shall at the same time be seised, in his
own right, of a freehold, within the commonwealth, of the
value of one thousand pounds " ; is hereby annulled.
Art. XXXV. So much of article two of section three
of chapter one of the constitution of the commonwealth
as is contained in the following words : " The expenses of
travelling to the general assembly, and returning home,
once in every session, and no more, shall be paid by the
government, out of the public treasury, to every mem-
ber who shall attend as seasonably as he can, in the judg-
COMMONWEALTH OF MASSACHUSETTS. 49
meiit of the house, and does not depart without leave",
is hereby annulled.
Art. XXXYI. So much of article nineteen of the
articles of amendment to the constitution of the common-
wealth as is contained in the following words : "commis-
sioners of insolvency", is hereby annulled.
The constitution of Massachusetts was agreed upon by delegates
•of the people, in convention, begun and held at Camliridge, on the
first day of September, 1779, and continued by adjournments to the
second day of March, 1780, when the convention adjourned to meet
on the first "Wednesday of the ensu.ing June. In the mean time the
constitution was submitted to the people, to be adoj^ted by them,
provided two-thirds of the votes given should be in the affirmative.
When the convention assembled, it was foimd that the constitution
iad been adopted by the requisite number of votes, and the conven-
tion accordingly Resolved, " That the said Constitution or Frame of
Government shall take place on the last Wednesday of October next ;
and not before, for any 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 aiijiroved and
ratified by the people May 11, 1831.
The eleventh iy:ticle was adopted by the legislatures of the politi-
cal years 1832 and 1833, respectively, and was approved and ratified
by the people November 11, 1833.
The twelfth Article was adopted by' the legislati;res of the political
years 1835 and 1836, respectively, and was approved and ratified by
the people the fourteenth day of November, 1836.
The thirteenth Article was adopted by the legislatures of tlie politi-
cal years 1839 and 1840, respectively, and was approved and ratified
by the people the sixth day of April, 1840.
The fourteenth, fifteenth, sixteenth, seventeenth, eighteenth, and
nineteenth Articles were adopted by the legislatures of the political
years 1854 and 1855, respectively, and ratified by the 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 j^eople on the first day of May, 1857.
50 CONSTITUTION OF MASSACHUSETTS.
The twenty -third Article was adopted by tlie legislatures of the
political years 1858 and 1859, respectively, and ratified bj- the i^eople
on the ninth day of May, 1859, and was repealed by the twenty -sixth
Amendment.
The twenty-fourth and twenty-fifth Articles Avere adopted by the
legislatures of the political years 1859 and 1860, and ratified by the
people on the seventh day of May, 1860.
The twenty-sixth Article was adopted by the 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 api^roved and ratified by the
people on the sixth day of November, 1877.
The twenty-eighth Article was adopted by the legislatures of the
political years 1880 and 1881, and was approved and ratified by the
people on the eighth day of November, 1881.
The twenty-ninth Article was adopted by the legislatures of the
political years 1884 and 1885, and was approved and ratified by the
people on the third day of November, 1885.
The thirtieth and thirty-first Articles were adopted b\- 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 b}- 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 Avas approved and ratified by the
people on the eighth day of November, 1892.
The thirty-fifth Article was adopted by the legislatures of the
political years 1892 and 1893, and was approved and ratified by the
people on the seventh day of November, 1893.
The thirty-sixth Article was adopted by the legislatures of the
political years 1893 and 1894, and was approved and ratified by the
people on the sixth day of November, 1894.
[A proposed Article of Amendment, prohibiting the manufacture
and sale of Intoxicating Liquor as a beverage, adopted by tlie legis-
latiires 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 l)iennial
elections of state officers, and (2) Establishing biennial elections
of members of the General Court, adopted by the legislatures of
the political years 1895 and 1896, were rejected by the people at
the annual election held on the third day of November, 1896.]
INDEX TO THE CONSTITUTION.
A.
Page
Address of both houses of the legislature, judicial officers may be
removed by governor with consent of council upon, . 26
Adjvitant-general, appointed by the governor, .... 22
Adjutants, to be appointed by commanding officers of regiments, . 22
Affirmations, instead of the required oaths, may be made by
Quakers, 30,31,36
Agriculture, arts, commerce, etc., to be encouraged, ... 29
Alimony, divorce, etc., 27
Amendment to the constitiition, 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 peoi^le, 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 qualiiied, 43
election determined by legislature, ... ... 43
in failure of election by the voters, or in case of decease of
person elected, vacancy to be filled by joint ballot of legis-
lature from the two persons having the highest number
of votes at November election, ..... 43
52 INDEX TO THE CONSTITUTION.
Page
Attorney- general, vacancy occurring during session of the legislat-
ure, tilled l\v joint ballot of legislature from the jieople
at large, .......... 43
vacancy occurring diuring 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 qiialified within ten days, 43
Attorneys, district, elected by the peojile of the several districts, . 44
Auditor, to be chosen by the people annually in November, . . 43
to hold ofllce for one year from third Wednesday in .January
next thereafter, and until another is chosen and qualified, 43
election determined by legislature, 43
vacancy tilled in same manner as in ofiice of attorney-general, 43
not eligible, unless an inhabitant of the state for tive years
next preceding election, 43
ofiice to be deemed vacant if person elected or appointed fails
to be qualified within ten days, 43
B.
Bail or sureties, excessive, not to be required, .... 9
Bills, money, to originate in the house of representatives, . . 17
Bills and resolves, to be laid before governor for revisal, . . 10
to have force of law if signed by governor, . . . 10
if objected to by governor in writing, to be returned to
branch in which originated, and may be passed by two-
thirds of each branch present and voting thereon by yeas
and nays, 10
if not returned by governor within tive 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 ajjportionment 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
divil officers, meeting for election to be held annually on the Tues-
day next after the first Mondaj^ 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, apj^ointed 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, projiosed 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 efi'ect, it
shall be submitted to the people, and, if ajjproved by them
by a majority vote, becomes a part of the constitution, . 36, 37
Constitution, provisions for revising, 33, 36
to be enrolled on jiarchment, deposited in secretary's office,
and j^rinted in all editions of the laws, .... 34
Coroners, 21
Corruption or bribery used in procimng 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.
Page
Council, no property qualification required, 41
eight districts to be formed, each composed of five contiguous
senatorial districts, ........ 42
eligible to election if an inhabitant of state for five years pre-
ceding election, ......... 42
term of oftice, 37
vacancy to be filled by election of a resident of the district by
concurrent vote of the senate and house ; if legislature is
not in session, to be tilled by governor with advice of
council, .......... 47
Court, sujjerior, judges not to hold certain other offices, . . 36
Court, supreme judicial, jvidges to have honorable salaries fixed
by standing laws, and to hold office during good be-
havior, 9, 23
judges not to hold certain other offices, ..... 36
to give opinions upon important questions of law, etc., when
required by either branch of the legislature or by the
governor and council, ....... 26
Courts, clerks of, elected by the people of the several counties, . 44
Courts, probate, provisions for holding, 26
registers elected by the people of the several counties, . . 44
Courts and jvidicatories may be established by the general court, . 11
may administer oaths or affirmations, 11
Crimes and oS'ences, prosecutions for, regulated, .... 7
Crimes to be proved in the vicinity of where they happen, . . 7
D.
Debate, freedom of, in the legislature, 8
Declaration of the rights of the inhabitants, 4
Declaration and oaths of officers ; tests abolished, . . .29, 35, 36
Delegates to congress, ......... 27
Departments, legislative, executive and judicial, to be kept separate, 9
District attorneys, elected by the peojjle of the several districts, . 44
Districts, councillor, eight, each to be composed of five contiguous
senatorial districts, ........ 42
Districts, senatorial, fort}^ 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 b}^ 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, . . -il
in case of failure to elect representative, meeting to be held
on fourth Monday in November, ..... 41, 42
Election returns, 13,42
Enacting style of laws, established, ....... 33
Equality and natural rights of all men, ...... 4
Estates, valuation to be taken anew once at least every ten years, 12
Executive department, notto exercise legislative or judicial powers, 9
£x^ws</acto laws, declared unjust and oppressive, ... 9
F.
Felony and treason, no subject to be declared guilty of, by the legis-
lature, .......... 9
Fines, excessive, not to be imposed, ...... 9
Frame of government, ......... 10
Freedom of speech and debate in the legislature, .... 8
Freehold, possession of, not required as qualification for seat in the
general court or council, ....... 41
possession of, by governor, provision requiring, annulled, . 48
Fundamental principles of the constitution, a frequent recurrence
to, recommended, 8
G.
General court, to assemble frequently for redress of grievances, and
for making laws, 8
freedom of speech and debate in, ...... 8
not to declare any subject to be guilty of treason or felony, . 9
formed by two branches, a senate and house of rei)resenta-
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, . . . IL
may make wholesome and reasonable laws and ordinances not
repugnant to the constitution, . . . . . . 11
may provide for the election or appointment of officers, and
prescribe their duties, II
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 exjienses of members ; provision annulled, . . 16,48
may be adjourned or prorogued, upon its request, by the gov-
ernor with advice of council, ...... 19
session may be directed by governor, with advice of council,
to be held in other than the usual place in case of an
infectious distemper prevailing, 19, 20
56
INDEX TO THE CONSTITUTION.
Page
General court, Judicial officers may be removed upon address of, . 26
person convicted of Ijribery, not to hold seat in, . . . 32
may increase property qualifications of persons to be elected
to office, 32
certain officers not to have seats in, . . . . . . 31
may be prorogued by governor and council for ninety days, if
houses disagree, etc., ........ 20
to elect major-generals by concurrent vote, .... 21
empowered to charter cities, ....... 34
to determine election of governor, lieutenant-governor and
councillors,. . . . . . . . . .41,42
to prescribe by law 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 adjotirn or prorogue the legislat-
ure upon request, and convene the same, .... 19
may adjourn or pi'orogue 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 ajjpoint all judicial officers, notaries public and coroners;
nominations to be made at least seven days before ap-
pointment, 21, 35
INDEX TO THE CONSTITUTION. 57
Governor, to appoint officers of the continental army, .
may pardon offences, but not before conviction,
may fill vacancy in council occurring when legislature is not
in session,
with consent of council, may remove judicial officers, upon
the address of both houses of the legislature, .
Governor and council, to examine election returns,
may punish persons guilty of disrespect, etc., by imprison
ment not exceeding thirty days, ....
quorum to consist of governor and at least five members of
the council,
may require the attendance of the secretary of the common
wealth in person or by deputy,
Page
22
21
47
26
14,42
17,18
19
26
H.
Habeas corpus, privilege of writ to be enjoyed in the most ample
manner, and not to be suspended by legislature except
upon most urgent occasions, ...... 32
Harvard College, powers and privileges, gifts, grants and convey-
ances confirmed, . . . . . . . . 27, 28
board of overseers established, but the government of the
college may be altered by legislature, .... 28
officers may be elected members of the general court, . . 47
Hereditary offices 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 principle of equality, ...... 16
may impose fines upon towns not choosing members, . . 16
expense of travel once every session each way, to be paid by
the government ; provision annulled, . . . . 16, 48
to enter objections made by governor to a bill or resolve at
large upon records, ........ 10
qualifications of members, 17,41,45
must be an inhabitant of district for one year preceding elec-
tion, and shall cease to be a member when ceasing to be
an inhabitant of the state, 45
members not to be arrested on mesne process during going
to, return from, or attending the 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 ofiicers, establish its rules, etc., ..... 17
may punish by imprisonment, not exceeding thirty days, per-
sons guilty of disrespect, etc. ; trial may he by committee, 17, 18
58 INDEX TO THE CONSTITUTION.
Pajre
House of representatives, privileges of members, .... 18
may require the attendance of secretary of tiie commonwealth
in person or by deputy, 26
may require the opinions of the justices of the supreme judi-
cial court upon important questions of law, and upon
solemn occasions, 26
meeting for election to be held on the Tuesday next after the
first Monday of November, 41
in case of failure to elect, meeting to be held on the fourth
Monday of Novemlier, 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 tliree representatives, . 45
board authorized to divide county into districts, to be certi-
iied to by the secretary, the number of representatives to
which the county is entitled, 45
Impeachments, by the house of representatives, to be tried by the
senate ; limitation of sentence ; party convicted liable to
indictment, 15, 16
Incompatible offices', 31, 36
" Inhabitant," the word defined, 18
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 office during good
behavior, and to have honorable salaries established by
standing laws, 9,23,26
to give opinions upon important questions of law, etc., when
required by the governor and council, or either branch of
legislature, 26
not to hold certain other offices, ...... 31
Judicatories and courts, may be established by the general court, . 11
may administer oaths or affirmations, 11
Judicial dei)artment, not to exercise legislative or executive powers, 9
INDEX TO THE CONSTITUTION. 59
Page
Judicial officers, appointed by the governor with consent of coun-
cil ; nominations to be made seven days prior to appoint-
ment, ........... 21
to hold office during good behavior, except when otherwise
provided by the constitution, 26
may be removed from office by the governor, ujjon the address
of both houses of the legislature, 26
Jury, trial by, right secured, 7
Justices of the peace, commissions to expire in seven years from
date of appointment, but may be renewed, ... 26
L.
Law-martial, only those employed in the army and navy, and the
militia in actual service, subject to, except by authority
of the legislature, 9
Laws, every person to have remedy in, for injury to person or
property, 6
power of suspension or execution of, only in the legislature, . 8
ex post facto, prohibited as unjust and inconsistent with free
government, ■ . 9
of province, colony and state, not repugnant to the constitu-
tion, continued in force, . 32
Legislative power, 9
Legislative department, not to exercise executive or judicial powers, 9
Legislature (see General Court).
Liberty of the j^ress, essential to the security of freedom, . . 8
Lieutenant-governor, to be annually elected in November, — title
of, His Honor; who shall be qualified same as gov-
ernor, 23,37,41,48
in the absence of governor, to be president of the covmcil, . 24
to be acting governor when the chair of the governor is
vacant, .......... 24
to take oatli 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
Ma,jor-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.
Martial law, onl}' those employed in the army and navy, and the
militia in actual service, subjec-t to, except by authority
of legislature, .
Military power, subordinate to civil authority,
Militia, not to be obliged by commander-in-chief to march out of
the limits of the state, ......
captains and subalterns, elected by the train-bands,
all members of companies may vote, including minors, .
field officers, elected by captains and subalterns,
brigadiers, elected by field officers,
major-generals, elected by senate and house of representatives
by concurrent vote,
mode of election of officers to be fixed by standing laws,
if electors refuse to elect, governor with advice of council
may apj^oint officers, .......
officers commissioned to command may be removed as may
be jjrescribed by law, ......
appointment of staft' officers, ......
organization ; divisions, brigades, regiments and companies,
Money, issued from treasury by warrant of governor, etc., .
mentioned in the constitution, to be computed in silver at six
shillings and eight pence per ounce, ....
Money bills, to originate in house of representatives,
Moneys, raised or appropriated for public or common schools, not
to be applied for support of sectarian schools, .
Moral obligations of lawgivers and magistrates, .
Moral qualifications for office,
Page
21
21,35
35
21
21
21
21
22
22,35
22
22
22
32
17
43
:n".
Notaries public, to be appointed by governor with advice of council, 25, 35
may be removed by governor with advice of council, ujjon
address of both houses, 35
o.
Oaths and affirmations, maybe administered by courts and judica-
tories, 11
how and by whom taken and subscribed, . . 29, 30, 31, 35
forms of, 29, 30, 35
Quakers may affirm,
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,
30,36
35
3,6
7
32
6
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"
Pardon of offences, governor with advice of council may grant, but
not before conviction,
People, to have the sole right to govern themselves as a free, sover-
eign and independent state,
have a right to keep and to bear arms for the public defence,
have a right to assemble to consult upon the common good, to
instrvict their representatives, and to petition legislature.
Person and property, remedy for injuries to, should be in the laws.
Petition, right of, ...
Plantations, unincorporated, tax-paying inhabitants may vote for
councillors and senators, .....
Plurality of offices,
of votes, election of civil officers by,
Political year, begins on the first Wednesday of January,
Polls, rataljle, 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 be increased by the legislature,
partially abolished,
of governor, annulled,
Prosecutions for crimes and offences regulated,
Provincial laws, not rej^ugnant to the constitution, continued in
force,
made
21
6
14
31
41
37
38
3
6
26
21,44
36
32
41
48
7
32
62 INDEX TO THE CONSTITUTION.
Page
Public boards and certain officers to make quarterly reports to the
governor, 22
Public officers, right of iJeople to secure rotation, .... 6
all persons having the prescribed qualifications equally eli-
gible, . 6
Public notary (see Notary public).
Public religious worship, right and duty of, 4
Punishments, cruel and unusual, not to be inflicted, ... 9
Quakers, may make affirmation, 80, 36
Qualification of persons to be elected to office may be increased by
the legislature, 32
Qualification, property, of governor, abolished, .... 48
Qualification, property, partially abolished 41
Qualifications, of a voter, .
of governor,
of lieutenant-governor,
of councillors, .
of senators,
of representatives,
13,17,34,44,46,47,48
. 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
R.
Ratable polls, census of, 38
Reading and writing, knowledge of, necessary qualifications for
voting or holding office, ....... 44
Records of the commonwealth to be kept in the office of the secre-
tary, 26
Register of the council, resolutions and advice to be recorded in,
and signed by members present, 25
Registers of probate, chosen by the people of the several counties, 21, 44
Religious denominations, equal protection secured to all, . . 5, 38
Religious sect or denomination, no subordination of one to another
to be established by law, 5, 38
Religious societies, may elect their own pastors or religious teachers, 5, 38
membership of, defined, 38
Religious worship, public, right and duty of, and protection therein, 4
support of the ministry, and erection and repair of houses of
worship, 4, 5, 38
INDEX TO THE CONSTITUTION. 63
Page
Remedies by recourse to the law, to be free, comijlete and prompt, 6
Representatives (see House of representatives) .
Resolves (see Bills and resolves).
Retm-ns of Azotes, 13,19,42,43
Revision of constitution provided for in the year 1795, ... 33
Rights, declaration of, 4
s.
Sailors and soldiers, who have served, etc., during time of war, not
disqualified from voting on account of non-payment of
poll tax, 48
Salary, a stated and honorable salary to be established for the
governor, 23
permanent and honorable salaries to be established for the
justices of the supreme judicial court, and to be enlarged
if not sufficient, 9,23
School moneys, not to be appropriated for sectarian schools, . 44
Seal, great, of the commonwealth to be affixed to all commissions, 82
Search, seizure and arrest, riglit 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, .... 48
in failure of election by voters, or in case of decease of person
elected, vacancy to be filled by joint ballot of legislature,
from the two persons having the highest number of votes
at November election, 43
vacancy occurring during session of the legislature, filled by
joint ballot of the legislature from the people at large, . 43
vacancy occurring when legislature is not in session, to be
filled by governor, by appointment, with advice and con-
sent of council, 35,43
not eligible, imless an inhabitant of the state for five years
next preceding election or api^ointment, .... 43
office to be deemed vacant if person elected or appointed fails
to be qualified within ten days, 43
records of commonwealth to be kept in office of, . ... 26
may appoint deputies, for whose conduct he shall be account-
able, 26
to attend governor and council, senate and house, in person or
by deputies, as they shall require, 26
to attest all commissions, 32
to certify to board autliorized to divide (;ounty 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 pi;blic expense, . . 44
Selectmen, to preside at town meetings, elections, etc., ... 13
Self-government, right ol", 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 memljers, .... 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 offences ; trial may be by committee, . 18
may require the attendance of the secretary of the common-
wealth in person or by deputy, ...... 26
may require the opinions of the justices of the supreme
judicial court upon important questions of law, and upon
solemn occasions, ........ 26
to enter objections, made 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
Sheriff's, elected by the people of the several counties, . . .21,44
Silver, value of money mentioned in the constitution to be computed
in silver at six shillings and 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 CONSTITUTION. 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
06 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 ol" 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 he filled ))y election by the people upon
the order of a majority of senators elected, . . . 15,46
Vacancy in ofiice 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
goveiiior, l)y appointment, with advice of council, . . 35, 43
Vacancy in militia oHicie, 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 pf the governor, 10
Voters, qualifications of, at elections for governor, lieutenant-gov-
ernor, senators and rejiresentatives, . 13, 17, 34, 44, 46, 47, 48
not disqualified on account of non-payment of jjoll tax il" 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 distri(!t six
months, who have paid a state or county tax within two
years next preceding the elec-tion of state officers, and
such as are exempted l)y law from taxation, but in other
respects qualified, and who can write their names and
read the constitution in the English language, . 17, 34, 44
tlie basis u{)on which the apportiomnent of repiesentatives
to the s(!veral counties is made, ..... 44
l)asis of a])portionmcnt of senators, ...... 46
census of, to l)e taken in 1865, and every tenth year after, . 44, 46
Votes, returns of, 13, 19, 42, 43
plurality of, to elect civil ollicers, 41
Voting precincts in towns, 47
INDEX TO THE CONSTITUTION. 67
W.
Pago
Worship, public, the right and duty of all men, .... 4
Writ of habeas corpus, to be enjoyed in the most free, easy, cheap
and exjioditious manner, and not to be suspended by
legislature, except for a limited time, .... 32
Writing and reading, necessary (lualifications for voting, or hold-
ing ollice, . . . . . . . . . .44
Writs, to be issued in the name of the commonwealth under the
seal of the court, bear test of the first justice, and be
signed by the clerk, 32
Y.
Year, political, begins on the first Wednesday of January, . . 37
ACTS AND RESOLVES
MASSACHUSETTS.
1903.
i;^ The General Court of the year nineteen hundred and three assembled on
Wednesday, the seventh day of January. The oaths of office were taken and
subscribed by His Excellency John L. Bates and His Honor Curtis Guii.u,
Jr., on Thursday, the eighth day of January, in the presence of the two Houses
assembled in convention.
ACTS.
An Act making appropriations for the compensation of the /^7,^,^ 1
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 Rej^resentatives in
General Court assembled, and by the a.uthority of the same,
as foUoivs :
Section 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth ^^'^°*'
from the ordinary' revenue, for the piu-poses specified, for
the year ending on the tliirty-first day of December, nine-
teen hundred and tliree, to wit : —
For the compensation of senators, thirty thousand seven senators,
hundred and fifty dollars. compensation.
For compensation for travel of senators, a sum not ex- Travel.
ceeding thirty-two hundred dollars.
For the compensation of representatives, one hundred ^^^^^J®^®"*'"^-
and eighty thousand seven hundred and fifty dollars. compensation.
For compensation for travel of representatives, a sum Travel.
not exceeding twenty thousand dollars.
For the compensation of the chaplains of the senate and Chaplains.
house of representatives, three hundred dollars each.
For the salaries of the clerks of the senate and house senate and
of representatives, three thousand dollars each. lousecer s.
For the salaries of the assistant clerks of the senate and ^i|rkgf "^^
house of representatives, two thousand dollars each.
For such additional clerica-1 assistance to the clerks of asgfgtance.
the senate and house of representatives as may be neces-
sary for the proper despatch of public business, a sum not
exceeding three thousand dollars.
For the salary of the sergeant-at-arms, thirty-five hun- sergeantat-
dred dollars.
For the salary of the first clerk in the ofiice 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, 1903. — Chap. 2.
Postmaster,
messeugers,
etc.
Senate,
stationery.
House,
stationery.
Printing and
l)iudlug, senate
and liouse.
Manual.
Sergeant-at-
arms,
stationery,
etc.
Senate and
house, contin-
gent expenses.
Expenses of
committees.
Advertising
liearings.
Witness fees.
For the coinpen.sation of assistant doorkeepers, post-
ma.ster, messengers and pages to the senate and house of
representatives, a sum not exceeding thirtv-one thousand
five liundred dollars.
For stationer}^ for the senate, purchased by the clerk,
a sum not exceedino: eioht 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 tw^enty-eight 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 exceeding
one thousand dollars.
For contingent expenses of the senate and house of
representatives, and necessary expenses in and about the
state house, a sum not exceeding six thousand dollars.
For authorized expenses of committees of the present
general court, to include clerical assistance to committees
authorized to employ the same, a sum not exceeding ten
thousand dollars.
For expenses of advertising hearings of the committees
of the present general court, to include expenses of mail-
ing the advertisements to the various newspapers, a sum
not exceeding fifteen thousand dollars.
For expenses of sunmioning 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.
A2)proved January 16, 1903.
ChaV' 2 -^^ -^^^ MAKING AN APPKOPKIATION FOR THE PAYMENT OF PRE-
MIUMS ON SECURITIES PURCHASED FOR THE MASSACHUSETTS
SCHOOL FUND.
Be it enacted., etc., as folloius:
pmi'iimns*'* Section 1. A sum not exceeding fifty thousand dol-
on certain i^rs is liercbv aiipropriatcd, to be paid out of the treasury
securities. ./ i i i ' i j
Acts, 1903. — Chap. 3.
of the Commonwealth from the ordinary revenue, for the
payment by the treasurer and receiver general of premiums
on securities purchased for the Massachusetts School Fund,
as provided for by section three of chapter forty-one of the
Revised Laws.
- Section 2. This act shall take effect upon its passage.
Aijproved January 29, 1903.
Ax Act making appropriations for salaries and expenses (JJiqi^^
IN THE EXECUTIVE DEPARTMENT OF THE COMMONWEALTH.
Be it enacted, etc., as folloivs:
Section 1. The sums hereinaftermentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and tln-ee, to wit : —
For the compensation of the lieutenant governor, two Lieutenant
thousand dollars ; and for that of the executive council, founcu? ''°'
sixty-four hundred dollars
tions.
compensation.
For travelling expenses of the executive council, a sum Travelling
not exceeding fifteen hundred dollars. expenses.
For the salary of the ]irivate secretary of the governor. Private
twenty-five hundred dollars. ^^^'^ ^^^'
For the salary of the executive secretary, two thousand Secretary®
dollars .
For the salary of the executive stenographer, a sum not stenographer.
exceeding fifteen hundred dollars.
For the salary of the executive messenger, one thousand Messenger.
dollars.
For the salary of the assistant executive messenger. Assistant.
eight hundred dollars.
For contingent expenses of the executive department, fg^3^4"n,e®t
a smii not exceeding three thousand dollars. expenses.
For postage, printing and stationery for the executive Postage,
department, a sum not exceeding eight hundred dollars. ^"" i^g,ec.
For travelling and contingent expenses of the governor Governor
and council, a sum not exceeding twenty-five hundred expe'nses" '
dollars.
For postage, printing and stationery for the executive Postage,
council, a sum not exceeding five hundred dollars. *^"" mg, ec.
For the payment of extraordinary expenses, to be ex- Extraordinary
pended under the direction of the governor and council, ^^p^^^^^-
a sum not exceeding fifteen thousand dollars.
6
Indexes, etc.,
to statutes.
Reiniburse-
meut of towns.
Arrest of
fu!<itives from
justice.
Acts, 1903. — Chaps. 4, 5.
For the preparation of tables and indexes relating to the
statutes of the present and previous years, a sum not ex-
ceeding five hundred dollars.
For reimbursement of 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 eftect upon its passage.
Approved January 31, 1903.
ChCtV- 4 -^^ -'^CT MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN
THE DEPARTMENT OF THE AUDITOR OF THE COMMONWEALTH.
Appropria-
tions.
Auditor.
First clerli.
Second clerk.
Extra clerks.
Stenographers,
etc.
Messenger.
Printing
expert.
Expenses.
Chajp.
Appropria-
tions.
Be it enactecl, etc., asfoUoivs:
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirtj^-first day of December, nine-
teen hundred and tlu'ee, to wit : —
For the salary of the auditor, thirty-five hundred dollars.
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 depart-
ment, twenty-two hundred dollars.
For the salaries of the extra clerks in the auditors
department, forty-five hundred dollars.
For stenographers and such additional clerical assistance
as the auditor ma}'' find necessary for the proper despatch
of public business, a sum not exceeding four thousand
dollars.
For the salary of the messenger in the auditor's depart-
ment, nine hundred dollars.
For the compensation of a state printing expert, a sum
not exceeding fifteen hundred dollars.
For incidental and contingent expenses in the auditor s
department, a sum not exceeding fifteen hundred dollars.
Section 2. This act shall take eftect upon its passage.
Approved January 31, 1903.
5 An Act making appropriations for salaries and expenses
IN the DEPARTMENT OF THE ATTORNEY-GENERAL.
Be it enacted, etc., as foUoius :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
Acts, 1903. — Chaps. 6, 7. 7
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty -first day of December, nine-
teen hundred and three, to Avit : —
For tlie salarj^ of the attorney-general, five thousand 4neraf.^'
dollars.
For the compensation of assistants in the ofiice of the Assistants, etc.
attorney-general, and for such additional legal assistance
as may be deemed necessary in the discharge of his duties,
and also for any other necessary expenses in his depart-
ment, a sum not exceeding forty thousand dollars.
Section 2. This act shall take eflect upon its passage.
Approved January 31, 1903.
An Act maiung appropriations for the compensation and /^/i/vjt P.
EXPENSES OF THE BALLOT LAW COMMISSION.
Be it enacted, etc., as foUoivs :
Section 1 . The sums hereinafter mentioned are appro- Appropria.
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the compensation of the ballot law commission, Bauotiaw
a 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 efi'ect upon its passage.
Approved January 31, 1903.
An Act making appropriations for salaries and expenses pj rr
IN the office of the civil service commissioners. ^
Be it enacted, etc., as folloius:
Section 1. The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth '^^°"®'
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the compensation and expenses of the members of civii service
. . .^ . . ^ commission.
the civil service commission, a sum not exceeding two
thousand dollars.
For the salary of the chief examiner of the civil service cinef
commission, three thousand dollars. examiner.
For the salary of the secretary of the civil service com- secretary.
mission, two thousand dollars.
8
Acts, 1903. — Chaps. 8, 9.
Registrar of
labor.
Expenses.
Annual report.
For the salary of the registrar of labor of the civil ser-
vice commission, two thousand dollars.
For clerical assistance, and for office, printing, travelling
and incidental expenses of the commissioners, chief exam-
iner and secretary, and for advertising and stationery, a
smii not exceeding sixteen thousand seven hundred dollars.
For printing and binding the annual report of the civil
service commission, a sum not exceeding eiirht hundred
and fift}'- dollars.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
(JllCin. 8 -^^ ^t'T MAKIXG APPROPKIATIONS FOR THE SALARIES AND EXPENSES
OF THE STATE BOARD OF COXCILIATIOX AXD ARUITRATIOX.
Appropria-
tions.
P.oard of arbi-
tration, etc.
Clerk.
Expenses.
Annual report.
Be it enacted, etc., as foUoivs :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the 3^ear ending on the thirty-first day of December, nine-
teen hundred and three, 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 nine thousand dollars, which shall include the
compensation of expert assistants.
For printing and binding the annual report of the board,
a sum not exceeding four hundred dollars.
Section 2. This act shall take eifect upon its passage.
Approved January 31, 1903.
Chap. 9 Ax
Appropria-
tions.
Act making appropriations for the expenses ov the
BOARD OF free PUBLIC LIBRARY COMMISSIONERS.
Be it enacted, etc. , as folloios :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and tliree, to wit : —
Acts, 1903. — Chaps. 10, 11. 9
To carry out the provisions of tlie act to promote the Free public
establishment and efficiency of free public libraries, a sum
not exceeding tliree thousand dollars.
For clerical assistance to and incidental and necessary clerical
expenses of the board of free public library commission- ^^^'^ ■'*''^'*^ "'
ers, a sum not exceedino; five hundred dollars.
For printing and binding the annual report of the free Aunuai report.
public librar}^ commissioners, a sum not exceeding two
hundred dollars.
Section 2. This act shall take effect upon its passage.
Ap2:)roved January 31, 1903.
An Act making a-ppkopriatioxs for the salary and expenses QJiap^ 10
OF THE COMMISSIONER OF PUBLIC RECORDS.
Be it enacted, etc., as follows:
Section 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the piu-poses specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and tliree, to wit : —
For the salary of the commissioner of public records, commissioner
r. 1 n T T 11 Of pUbllC
twenty-nve hundred dollars. records.
For travelling, clerical and other necessary expenses Expenses.
of the commissioner of public records, including the print-
ing of his annual report, a sum not exceeding twenty-five
hundred dollars.
For the purchase of ink for public records, a sum not '^^^^^^
exceeding four hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
An Act making appropriations for the salaries and expenses (JJi^^r)^ W
OF THE commissioners OF SAVINGS BANKS.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the^year ending on the thirty-first day of December, nine- '
teen hundred and three, to wit : —
For the salary of the chairman of the commissioners of offavluta''^^^
savings banks, thirty-five hundred dollars. chairman.
10
Acts, 1903. — CiiAr. 12.
Associate com
missioners.
First clerk.
Second clerk.
Tliird clerk.
Additional
clerks, etc.
Expenses.
Annual rei)ort.
Report on
unclaimed
deposits.
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,
two thousand dollars.
For the salary of the second clerk of the commissioners,
fifteen hundred dollars.
For the salary of the third clerk of the commissioners,
twelve hundred dollars.
For such additional clerks and expert assistants as the
commissioners may deem necessary, a sum not exceeding
twenty-five hundred dollars.
For travelling and incidental expenses of the commis-
sioners, a sum not exceeding three thousand dollars.
For printing and binding the annual report of the com-
missioners, a sum not exceeding five thousand dollars.
For printing and binding a supplementary report on
unclaimed deposits in savings banks, a sum not exceeding
two hundred and seventy-five dollars.
Section 2. This act shall take efiect upon its passage.
Approved January 31, 1903.
Chan. 12 ^^' ^^<^"^ making appropeiations for salaries and expenses
IN THE STATE LIURARY.
Appropria-
tions.
Librarian.
Purchase
of books.
Clerical
assistance.
Index to
current events.
Expenses.
Annual report.
Be it enacted, etc., as folloics :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinaiy revenue, for the support of the state
library for the yefxr ending on the thirty-first day of
December, nineteen hundred and tlii'ee, to Avit : —
For the salary of the librarian, tlu'ce thousand dollars.
For the purchase of books, sixty-five hundred dollars.
For such clerical assistance as may be necessary, a sum
not exceeding forty -three hundred dollars.
For preparing an index to current events and such other
matters contained in the newspapers of the day as may be
deemed important by the trustees and librarian, a sum not
exceeding one thousand dollars.
For contingent expenses, to be expended under the
direction of the trustees and librarian, a sum not exceed-
ing twenty-five hundred dollars.
For printing and binding the annual report of the libra-
rian, a sum not exceeding eight hundred dollars.
Section 2. This act shall take eft'ect upon its passage.
Approved January 31, 1903.
Acts, 1903. — Chaps. 13, U. 11
An Act making appiiopriations i-ok salaries and expenses Qhr/jj IQ
IN THE OFFICE OF THE CONTROLLER OF COUNTY ACCOUNTS.
Be it enacted, etc., as folloivs :
Section 1. The sums hereinafter mentioned are appro- Appropria
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on tlie thirty -first day of December, nine-
teen hundred and three, to wit : —
For the salarj^ of the controller of county accounts, controller
twenty-five hundred dollars. accounts.
For the salary of the first deputy controller of county FUst deputy.
accounts, eighteen hundred dollars.
For tlie salary of the second deputy controller of county second deputy.
accounts, fifteen hundred dollars.
For the salary of the third deputy controller of county Third depiity.
accounts, twelve hundred dollars.
For travelling and office expenses of the controller of Expenses,
county accounts and his deputies, a sum not exceeding
twelve hundred dollars.
For printing and binding the annual report of the con- Annual report.
troller of county accounts, a sum not exceeding two hun-
dred and fifty dollars.
Section 2. This act shall take effect upon its passage.
Apx>roved January 31, 1903.
An Act making appropriations for the salaries and expenses (J]iqj) \i^
OF the Massachusetts highway commission.
Be it enacted, etc., as foUoics :
Section 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the salaries of the ^Massachusetts highway commis- Massachusetts
sion, the sum of eighty-five hundred dollars. highway
commission.
For the salaries of the engineers, clerks and assistants Engineers,
in the office of the ]Massachusetts highway commission, ^i*^'"'^^' «^^c-
a sum not exceeding thirteen thousand dollars.
For travelling and other expenses of the commission. Expenses,
including printing, postage and necessary office expenses,
a sum not exceedino- five thousand dollars.
12 Acts; 1903. — Chap. 15.
Rent of offices. Yqj. j^ent of otfices for the use of the commission, a sum
not exceeding four thousand seven liundred and fifty
dollars.
SSnerv.'''" ^^^ the carc and repak' of road-building machinery,
a sum not exceeding fifteen hundred dollars.
Annual report. Yov printing and binding the annual report of the com-
mission, a sum not exceeding twelve hundred dollar;
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
CllClT) 15 ^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES
IN THE DEPARTMENT OF THE TAX COMMISSIONER.
Be it enacted, etc., as follows :
Appropria- SECTION 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
' from the ordinar}^ revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
'^"^' i,,,^^,.^ For the salary of the tax commissioner and commis-
sioner of corporations, thirty-five hundred dollars.
Deputy. YoY the Salary of the deputy tax commissioner, twenty-
five hundred dollars.
First clerk. For the salary of the first clerk in the department of the
tax commissioner, two thousand dollars.
Second clerk. For the Salary of the second clerk in the department of
the tax commissioner, fifteen hundred dollars.
Clerical For sucli additional clerical assistance as the tax com-
missioner may find necessary for the despatch of public
business, a sum not exceeding seventeen thousand dollars.
'^™''*'"I^^ For travelling expenses of the tax commissioner and his
deputy, a sum not exceedmg five hundred dollars.
Expenses. Yov incidental and contingent expenses of the tax com-
missioner, and commissioner of corporations, a sum not
exceeding thirty-nine hundred dollars.
vauiation ^^^^ cxpcnses of the state valuation, under the direction
of the tax commissioner, a sum not exceeding three thou-
sand dollars.
Annual report. For printing and binding the annual report of the tax
commissioner, a sum not exceeding one thousand dollars.
Section 2. This act shall take effect upon its passage.
Apjproved January 31, 1903.
Acts, 1903. — Chaps. 16, 17, 18. 13
An Act making an appropriation for the state highway (JJiap, 16
LOAN SINKING FUND.
Be it enacted., etc., as folio irs:
• Section 1. The sum of sixty -six thousand four hun- state Highway
dred tliree dollars and fifty-nine cents is hereby appropri- Fund. ° "
ated, 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 estimate of the treasurer and
receiver general.
Section 2. This act shall take eftect upon its passage.
Approved January 31, 1903.
An Act making an appropriation for the Massachusetts QfiQvy^ 27
SCHOOL FUND.
Be it enacted, etc., as folloirs :
Section 1. The sum of one hundred thousand dollars Massachusetts
is hereby appropriated, to be paid out of the treasury of \
the Commonwealth from the ordinaiy revenue, for the
Massachusetts School Fund, as provided for by section
two of chapter forty-one of the Revised Laws.
' Section 2. This act shall take efl'ect upon its passage.
Approved January 31, 1903.
An Act making an appropriation for the state house loans QJiqij^ |8
sinking fund.
Be it enacted, etc., as folloivs :
Section 1. The sum of sixty-nine thousand three hun- state House
dred forty-seven dollars and sixty cents is hereby appro- Fund,
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the State House Loans
Sinking Fund, as provided for by chapter thirty-nine of
the acts of the year eighteen hundred and ninety-five,
said sum beins^ the estimate of the treasurer and receiver
general.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
14 Acts, 1903. — Chaps. 10, 20, 21.
Chan. 19 -^^ -^ct making ax appropriation for the medfield insane
ASYLUM LOAN SINKING FUND.
Be it enacted,, etc.,, as folloivs :
imifine Asylum SECTION 1. The suiii of six thousand one hundred
i^oan Sinking forty-nine dollars and thirty-seven cents is hereby appro-
l)riated, to be paid out of the treasury of the Common wealth
from the ordinary revenue, for the Medfield Insane Asylum
Loan Sinking Fund, as provided for by chapter three hun-
dred and ninety-nine of the acts of the year eighteen hun-
dred and ninety-five, said sum being the estimate of the
treasurer and receiver general.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
CllCW. 20 '^^ '^*^^ MAKING AN APPROPRIATION FOR THE MASSACHUSETTS
AVAR LOAN SINKING FUND. ,
Be it enacted^ etc., as follows :
wafLoa^r"^ SECTION 1. The sum of five hundred sixty-sevcn dol-
siukingFumi. Iq^^s and fifty-oue cents is hereby appropriated, to be paid
out of the treasury of the Commonwealth from the ordi-
nary revenue, for the Massachusetts War Loan Sinking
Fund, as provided for by chapter five hundred and sixty-
one of the acts of the year eighteen hundred and ninety-
eiffht, said sum beino; the estimate of the treasurer and
receiver general.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
ChciV' 21 -^^ ^'^'^"^ MAKING AN APPROPRIATION FOR THE PERKINS INSTITU-
TION AND MASSACHUSETTS SCHOOL FOR THE BLIND.
Be it enacted, etc., as follows :
tiftion^and^"' SECTION 1. The sum of thirty thousand dollars is
Massachusetts hereby appropriated, to be paid out of the treasiu-y of the
ithe Blind. Commonwealth from the ordinary revenue, to the Perkins
Institution and Massachusetts School for the Blind, as pro-
vided for by chapter nineteen of the resolves of the year
eiijrhteen hundred and sixtv-nine.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
Acts, 1903. — Chaps. 22, 23, 24 15
An Act making appropriations for the experiment station njiQj) 22
AT THE MASSACHUSETTS AGRICULTURAL COLLEGE.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter mentioned are appro- Appropria.
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the pm'poses specified, for
the year ending on the thu'ty-first day of December, nine-
teen hundred and three, to wit : —
For maintaining an agricultural experiment station at ^xix-iim^nf^
the Massachusetts Agricultural Colleoe, the sum of ten station.
thousand dollars.
For collecting and analyzing samples of concentrated etc^'^^samfies
commercial feed stufts, the sum of twelve hundred dollars, pfc'oncen-
Section 2. This act shall take effect upon its passage, ciai feed stuffs.
Approved January 31, 1903.
An Act making appropriations for the payment of annui- ni^rj^i 2^
TIES to soldiers AND OTHERS.
Belt enacted, etc., as folloics :
Section 1. The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth *'''°^"
from the ordinary revenue, for the payment of annuities
and pensions due from the Commonwealth to soldiers and
others, during the year ending on the thirty-first day of
December, nineteen hundred and three, to wit : —
For annuities to soldiers and others, as authorized by Annuities to
the general court, the sum of six thousand nine hundred ®*^''^'^^^' *^'^^-
and sixty-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.
Ajyproved January 31, 1903.
An Act making an appropriation for the removal of wrecks f^Jir/^f 9 A.
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 from'tide°°^
the Commonwealth from the ordinary revenue, for the '*^''^^^^^-
removal of Avrecks and other obstructions from tide waters,
16 Acts, 1903. — Chaps. 25, 26, 27.
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 liundred and
three.
Section 2. This act sliall take effect upon its passage.
Ajip^'oved January 31, 1903.
Chctp. 25 A^ ^^CT MAKIXG AN ArPROPRIATIOX FOR THE PUBLICATION OF
A RECORD OF MASSACHUSETTS SOLDIERS AND SAILORS WHO
SERVED IN THE WAR OF THE REBELLION.
Be it enacted, etc., as foUoivs :
of^iwOTdTf Section 1. Tlie sum of ten tliousand dollars is hereby
saiiorr ""^^ appropriated, to be paid out of the treasury of the Com- '
mon wealth from the ordinary revenue, for expenses in
connection with the publication of a record of Massachu-
setts troops and officers, sailors and marines, in the war
of the rebellion, as authorized by chapter four hundred
and seventy-five of the acts of the year eighteen hundred
and ninety-nine.
Section 2. This act shall take effect upon its passage.
Ajyj^roved Jamcary 31, 1903.
ChaV 26 ^^ ^^^ MAKING AN APPROPRIATION FOR THE WORCESTER POLY-
TECHNIC INSTITUTE.
Be it enacted, etc., as folloios :
Polytechnic SECTION 1. The sum of six thousand dollars is hereby
Institute. appropriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, to the Worcester
Polytechnic Institute, as provided for by chapter one
hundred and fifty-seven of the acts of the year eighteen
hundred and ninety-nine.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
Chan 27 ^^ ^^'^ making an appropriation for THE INSTRUCTION OF
THE ADULT BLIND AT THEIR HOMES BY THE PERKINS INSTITU-
TION AND MASSACHUSETTS SCHOOL FOR THE BLIND.
Be it enacted, etc., as follows:
'^^^^7^^}y°^^^ Section 1. The sum of five thousand dollars is hereby
adult blind. . i> ,^ , r- ^i /-i
appropriated, to be paid out oi the treasury of the Com-
monwealth from the ordinary revenue, to provide for the
Acts, 1903. — Chaps. 28, 29, 30. 17
instruction of the adult blind at their homes by the Per-
kins Institution and Massachusetts School for the Blind,
for the year ending on the thirty-tirst day of December,
nineteen hundred and tliree.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
An Act making an appkopkiation for sukveys, improvements nj^Qq-f 9g
AND preservation OF HARBORS, AND FOR REPAIRING DAMAGES
OCCASIONED BY STORMS ALONG THE COAST LINE AND RIVER
BANKS.
Be it enacted^ etc., a.sfollov:s:
Section 1. The sum of ten thousand dollars is hereby Preservation
appropriated, to be paid out of the treasmy of the Com-
monwealth from the ordinary revenue, for surveys of
harbors, and for preserving and improving the same, and
for repairing damages occasioned by storms along the
coast line or river banks of the Commonwealth, during
the year ending on the thirty-first day of December, nine-
teen hundred and tlu'ee.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
An Act making an appropriation for the compensation of niinji 99
INSPECTORS of ANIMALS.
Beit enacted, etc., asfoUoivs:
Section 1 . A sum not exceeding seven thousand dol- of aSnual
lars 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 three.
Section 2. This act shall take effect upon its passage.
Approved Jamiary 31, 1903.
An Act making an appropriation for payment of the tuition (^Jjrjq-i Qf)
of children attending school OUTSIDE OF THE TOWN IN
W^HICH THEY RESIDE.
Be it enacted, etc., asfoUoivs:
Section 1. A sum not exoeedinof thirty thousand dol- ™t^9°o*
I'll -1 '^1 • 1 certain
lars IS hereby appropriated, to be paid out ot the treasury children.
18
Acts, 1903. — Chaps. 31, 32.
of the Commonwealth from the ordinary revenue, for pay-
ment of the tuition of children in high schools outside of
the town in which the}' Viw, in so far as such pa}'nicnt
is provided for by section three of chapter fortj^-two of
the Revised Laws, as amended by chapter four hundred
and thirty-tlirce of the acts of the year nineteen hundred
and two.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
ChClV. 31 -A.N Act MAKnSTG appropriations for the MASSACHUSETTS AGRI-
CULTURAL COLLEGE.
Appropria-
tions.
Massachusetts
Agricultural
College,
scholarships.
Labor fund,
etc.
Instruction.
Expenses
of trustees.
Veterinary-
laboratory.
Be it enacted, etc., as foUoivs :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinaiy revenue, for the Massachusetts Agri-
cultural College, for the year ending on the thirty-tirst
day of December, nineteen hundred and three, to wit : —
For providing eighty free scholarships, the smn of ten
thousand dollars.
To be expended under the direction of the trustees, the
sum often thousand dollars, as follows : — Five thousand
dollars for the establishment of a labor fund to assist needy
students of the said college, and five thousand dollars to
provide the theoretical and practical education required
by its charter and by the laws of the United States relat-
ing thereto.
For providing the instruction called for by its charter
and by the law of the United States relating to the col-
lege, the sum of eight thousand dollars.
For travelling and other necessary expenses of the
trustees of the college, a sum not exceeding five hundred
dollars.
For a maintenance fund for the veterinary laboratory
at the college, the sum of one thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
(JJiap. 32 -^^ -'^CT MAKIXG AN APPROPRIATION FOR THE MASSACHUSETTS
INSTITUTE OF TECHNOLOGY.
Massachusetts
Institute of
Technology.
Be it enacted, etc., as foUoivs:
Section 1. The sum of twenty-nine thousand dollars
is hereby appropriated, to be paicl out of the treasury of
Acts, 1903. — Chap. 33. ' 19
the Commonwealth from the ordinary revenue, to the
Massachusetts Institute of Teclmology.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
An Act making appropriations for salaries and expenses rjl^nrv) QQ
IN THE JUDICIAL DEPARTMENT OF THE COMMONWEALTH.
Be it enacted, etc., as foUoios :
Section 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
SUPREME JUDICIAL COURT.
For travelling expenses of the chief justice of the supreme judi-
supreme judicial court, five hundred dollars. cwef'justice.
For travelling expenses of the six associate justices of ^|yc°Js*®
the supreme judicial court, three thousand dollars.
For the salary of the clerk of the supreme judicial court, cierk.
three thousand dollars.
For clerical assistance to the clerk of the supreme clerical
judicial coiu't, five hundred dollars. tocierk.*^^
For clerical assistance to the justices of the supreme clerical
judicial court, a sum not exceeding twenty-five hundred to'/usti^es.
dollars.
For expenses of the supreme judicial court, a sum not Expenses.
exceeding two thousand dollars.
For the salary of the reporter of decisions of the supreme Reporter of
judicial court, four thousand dollars ; and for clerk hire ^'^^^'*°''^' ^t°-
and incidental expenses of said reporter, a sum not ex-
ceeding two thousand dollars.
For the salaries of the officers and mes^senger of the officers and
supreme judicial court, twenty-four hundred dollars. messenger.
For the salary of the clerk of the supreme judicial court ^^^^^1^°''
for the county of Suffolk, fifteen hundred dollars.
SUPERIOR COURT.
For the salary and travelling expenses of the chief ci^j^f^ustice!^*'
justice of the superior court, seventy-five hundred dollars.
For the salaries and travelling expenses of the twenty Associate
justices.
20
Acts, 1903. — Chap. 33.
Assistant
clerk.
associate justices of the superior court, one hundred and
forty thousand dollars.
For the salary of the assistant clerk of the superior
court, five hundred dollars.
Probate and
insolvency
judges,
Barnstable.
Berkshire.
Bristol.
Dukes County.
Essex.
Franklin.
Hampden.
Hampshire.
Middlesex.
Nantucket.
Norfolk.
Plymouth.
Suffolk.
Worcester.
Acting in other
counties.
Register,
Barnstable.
Berkshire.
COURTS OF PROBATE AND INSOLVENCY.
For the salary of the judge of probate and insolvency
for the county of Barnstable, thirteen hundred dollars.
For the salar}^ of the judge of probate and insolvency
for the county of Berkshire, twenty-five hundred dollars.
For the salary of the judge of probate and insolvency
for the county of Bristol, three thousand dollars.
For the salary of the judge of probate and insolvency
for the county of Dukes County, seven hundred dollars.
For the salary of the judge of probate and insolvency
for the county of Essex, fortj^-five hundred dollars.
For the salary of the judge of probate and insolvency
for the county of Franklin, fifteen hundred dollars.
For the salary of the judge of probate and insolvency
for the county of Hampden, tliree thousand dollars.
For the salary of the judge of probate and insolvency
for the county of Hampshire, sixteen hundred dollars.
For the salaries of the two judges of probate and in-
solvency for the county of Middlesex, forty-five hundred
dollars each.
For the salary of the judge of probate and insolvency
for the county of Nantucket, nine hundred dollars.
For the salary of the judge of probate and insolvency
for the county of Norfolk, twenty-eight hundred dollars.
For the salary of the judge of probate and insolvency
for the county of Plymouth, two thousand dollars.
For the salaries of the two judges of probate and in-
solvency for the county of Suflolk, five thousand dollars
each.
For the salary of the judge of probate and insolvency
for the county of Worcester, forty-five hundred dollars.
For the compensation of judges of probate and insol-
vency acting in other counties than their own, a .sum not
exceeding three thousand dollars.
For the salary of the register of probate and insolvency
for the county of Barnstable, thirteen hundred dollars.
For the salary of the register of probate and insolvency
for the county of Berkshire, eighteen hundred dollars.
Acts, 1903. — Chap. 33. 21
For the salary of the register of probate and insolvency Bristol.
for the county of Bristol, twenty -live hundred dollars.
For the salary of the register of probate and insolvency Dukes County.
for the county of Dukes County, seven hundred dollars.
For the salary of the register of probate and insolvency Essex.
for the county of Essex, thirty-three hundred dollars.
For the salary of the register of probate and insolvency FrankUn.
for the county of Franklin, fifteen hundred dollars.
For the salary of the register of probate and insolvency Hampden,
for the county of Hampden, twenty-five hundred dollars.
For the salary of the register of probate and insolvency Hampshire.
for the county of Hampshire, sixteen hundred dollars.
For the salary of the register of probate and insolvency Middlesex.
for the county of Middlesex, four thousand dollars.
For the salary of the register of probate and insolvency Nantucket.
for the county of Nantucket, nine hundred dollars.
For the salarv of the register of probate and insolvency Norfolk.
for the county of Norfolk, twenty-three hundred dollars.
For the salary of the register of probate and insolvency Plymouth.
for the county of Plymouth, eighteen hundred dollars.
For the salary of the register of probate and insolvency suifoik.
for the county of Suffolk, five thousand dollars.
For the salary of the register of probate and insolvency Worcester.
for the county of Worcester, three thousand dollars.
For the salary of the assistant register of probate and ^t^gfjjf*
insolvency for the county of Bristol, one thousand dollars. Bristol.
For the salarv of the assistant register of probate and Essex,
insolvency for the county of Essex, twenty-three hundred
dollars.
For the salary of the assistant register of probate and Hampden,
insolvency for the county of Hampden, one thousand
dollars.
For the salary of the assistant register of probate and Middlesex.
insolvency for the county of Middlesex, twenty -five hun-
dred dollars.
For the salary of the assistant register of probate and ^"o^^foi^^-
insolvency for the county of Norfolk, twelve hundred
dollars.
For the salary of the assistant register of probate and Suffolk,
insolvency for the county of Suffolk, twenty-eight hun-
dred dollars.
For the salary of the assistant register of probate and Worcester.
insolvency for the county of Worcester, tMcnty-tliree
hundred dollars.
22
Acts, 1903. — Chap. 33.
Clerical
assistance,
Bristol.
Essex.
Hampden.
Middlesex.
Norfolk.
Plymouth.
Suffolk.
Worcester.
Clerk of regis-
ter, Suffolk.
In the several
counties except
Suffolk.
Expenses.
For extra clerical assistance to the register of probate
and insolvency for the county of Bristol, a sum not ex-
ceeding two hundred dollars.
For extra clerical assistance to the register of probate
and insolvency for the county of Essex, a sum not exceed-
ing twenty-five hundred dollars.
For extra clerical assistance to the register of probate
and insolvency for the count}^ of Hampden, a sum not
exceeding six hundred dollars.
For extra clerical assistance to the register of probate
and insolvency for the county of Middlesex, a sum not
exceeding fom' thou.sand dollars.
For extra clerical assistance to the register of probate
and insolvency for the county of Norfolk, a sum not ex-
ceeding six hundred dollars.
For extra clerical assistance to the register of probate
and insolvency for the county of Plymouth, a sum not
exceeding five hundred dollars.
For extra clerical assistance to the register of probate
and insolvency for the county of Suflolk, a sum not ex-
ceeding fifty-one hundred dollars.
For extra clerical assistance to the register of probate
and insolvency for the county of Worcester, a sum not
exceeding thirty-three hundred and fifty dollars.
For the salary of the clerk of the register of probate
and insolvency for the county of Sufiblk, twelve hundred
dollars.
For extra clerical assistance to the courts of probate
and insolvency in the several counties of the Common-
wealth, excepting Suffolk county, a sum not exceeding
nine thousand dollars.
For expenses of courts of probate and insolvenc}^, a sum
not exceedinof thirty-five hundred dollars.
DISTRICT ATTORNEYS.
District attor
uev, Suffolk.
For the salary of the district attorney for the Suffolk
district, five thousand dollars.
First assistant. YoT the Salary of the first assistant district attorney for
the Sufiblk district, thirty-eight hundred dollars.
For the salary of the second assistant district attor-
ney for the Suffolk district, thirty-eight hundred dol-
lars.
For the salary of the clerk of the district attorney for
the Suffolk district, eiirhtcen hundred dollars.
Second
assistant
Clerk.
Acts, 1903. — Chap. 34. 23
For the salary of the district attorney for the northern District attor-
district, twenty-four hundred dollars. dfs\rictf' ^^^
For the salary of the assistant district attorney for the Assistant.
northern district, fifteen hundred dollars.
For the salary of the district attorney for the eastern Eastern
district, twenty -four hundred dollars.
For the salary of the assistant district attorney for the Assistant.
eastern district, fourteen hundred dollars.
For the salary of the district attorney for the south- jfg^ri'cf ®^^^
eastern district, twenty-four hundred dollars.
For the salary of the assistant district attorney for the Assistant.
southeastern district, fourteen hundred dollars.
For the salary of the district attorney for the southern southern
district, twenty-two hundred dollars. c is net.
For the salary of the assistant district attorney for the Assistant.
southern district, twelve hundred dollars.
For the salary of the district attorney for the middle Middle district.
district, twenty-four hundred dollars.
For the salary of the assistant district attorney for the Assistant.
middle district, twelve hundred dollars.
For the salary of the district attorney for the western western
district, twenty-one hundred dollar;
district.
For the salary of the district attorney for the north- ^'j^tri'cT^^*^'^'^
western district, thirteen hundred and fifty dollars.
Section 2. This act shall take eifect upon its passage.
Approved January 31, 1903.
Chap. 34
An Act making ArPKOPKiAxiONS fok salaries and expenses
IN THE DEPARTMENT OF THE SECRETARY OF THE COMMON-
WEALTH.
Be it enacted, etc., as folloivs :
Section 1. The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth ^^°'^^'
from the ordinary revenue, for the pm^poses specified, for
. the year ending on the thirty-first day of December, nine-
teen hundred and tliree, to wit : —
For the salary of the secretary of the Commonwealth, ^^^common.
thirty-five hundred dollars. weaitii.
For the salary of the first clerk in the secretary's depart- First cierk.
ment, 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 the ciiief of
secretary's department, two thousand dollars. divisilm.
24
Acts, 1903. — Chap. 35.
Cashier.
Extra clerks
and mes-
sengers.
Expenses.
Arrangement
of records, etc.
Postage, etc.
Ballot boxes.
Regimental
histories.
For the salary of the cashier in the secretary's depart-
ment, a sum not exceeding twelve hundred dollars.
For messengers and such additional clerical assistance
as the secretary may find necessary, a sum not exceeding
twenty-six thousand dollars.
For incidental and contingent expenses in the secre-
tary's department, a sum not exceeding thirty-five hun-
dred dollars.
For the arrangement and preservation of state records
and papers, a sum not exceeding five thousand dollars.
For postage and expressage on documents to members
of the general court, and for transportation of documents
to free public libraries, a sum not exceeding tAventy-nine
hundred dollars.
For furnishing cities and towns with ballot boxes, and
for repairs to the same, a sum not exceeding three thou-
sand dollars.
For the purchase of histories of regiments, batteries and
other military organizations of the Massachusetts volun-
teers who served in the civil war, a sum not exceeding
two thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
ChciV. 35 -^^^ "^*^^ MAKING APPROPKIATIONS FOR SALARIES AND EXPENSES
IN THE DEPARTMENT OF THE TREASURER AND RECEIVER GEN-
ERAL.
Appropria-
tions.
Treasurer.
First clerk.
Second clerk.
Third clerk.
Receiving
teller.
Be it enacted, etc., as folloivs :
Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, 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 depart-
ment, 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 depart-
ment, sixteen hundred dollars.
For the salary of the receiving teller in the treasurer's
department, eighteen hundred dollars.
Acts, 1903. — Chap. 35. 25
For the salary of the paying teller in the treasurer's Paying teller.
department, eighteen hundred dollars.
For the salary of the assistant paying teller in the treas- Assistant
, , , " , ,, J J 11 "^ paying teller.
urers department, one thousand dollars.
For the salarj^ of the cashier in the treasurer's depart- casiiier.
ment, twenty-two hundred dollars.
For the salary of the assistant bookkeeper in the treas- Assistant
,-, "^j , , 11111 bookkeeper.
urers department, twelve hundred dollars.
For the salary of the fund clerk in the treasurer's depart- ^"^"^ °'^^'^-
ment, fifteen hundred dollars.
For the salary of the warrant clerk in the treasurer's warrant cierk.
department, twelve hundred dollars.
For the salary of the files clerk in the treasurer's depart- ^^^^^ ^^^'^'^•
ment, nine hundred dollars.
For the salary of the leijacy tax clerk in the treasiu'er's Legacy tax
. 1 clerk
department, nineteen hundred dollars.
For the salary of the stenographer in the treasurer's stenographer.
department, nine hundred dollars.
For the salarj^ of the messenger in the treasurer's depart- Messenger.
ment, nine hundred dollars.
For such additional clerical assistance in the treasurer's ciencai
department as may be necessary for the despatch of public
business, a sum not exceeding thirty-five hundred dollars.
For incidental and contingent expenses in the treasurer's Expenses.
department, a sum not exceeding four thousand dollars.
For such expenses as the treasurer and receiver general grai legacies*"
may find necessary in carrying out the provisions of the etc.
act imposing a tax on collateral legacies and successions,
a sum not exceeding one thousand dollars.
For the salary of the deputy sealer of weights, meas- Deputy sealer
ures and balances, fifteen hundred dollars. fc > ■
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.
Apirroved January 31, 1903.
26
Acts, 1903. — Chaps. 36, 37.
Chap. 36 -^^ ^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES
IX THE BUREAU OF STATISTICS OF LABOR.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter nientioned are appro-r
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the bureau of statistics of
labor, for the year ending on the thirty-first day of Decem-
ber, nineteen hundred and three, to wit : —
For the salary of the chief of the bureau, three thousand
dollars.
For the salary of the first clerk, two thousand dollars.
For the salary of the second clerk, sixteen hundred
and fifty dollars.
For the salaries of the two special agents of the bureau,
the sum of twenty-four hundred dollars.
For such additional clerical assistance and for such
expenses of the bureau as may be necessary, a sum not
exceedino; 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 cen-
sus in towns having an increased resident population dur-
ing the summer months, a sum not exceeding four hundred
and fifty dollars.
For printing and binding the annual reports of the
bureau, a sum not exceeding forty-two hundred dollars.
Section 2. This act shall take etfect upon its passage.
Approved Jamiary 31, 1903.
Appropria-
tions.
Chief of bureau
of statistics of
labor.
First clerli
Second clerli.
Special agents.
Clerical
assistance.
Statistics of
manufactures.
Expenses of
special census.
Annual report.
ChciT). 37 ^^ ^^'^ MAKING APPROPRIATIONS FOR THE SALARIES AND EXPENSES
OF THE HARBOR AND LAND COMMISSIONERS.
Appropria-
tions.
Harbor and
land commis-
sioners,
salaries.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the salaries and expenses
of the harbor and land commissioners, for the year ending
on the thirty -first day of December, nineteen hundred and
three, to wit : —
For the salaries of the commissioners, eighty-seven
hundred dollars.
Acts, 1903. — Chap. 38. 27
For the compensatiou and expenses of the engineer, clerical
and for clerical and other assistance authorized by the ' ^^'^ ^'^^'
commissioners, a sum not exceeding twenty-eight thou-
sand dollars.
For travelling and other necessary expenses of the com- Travelling
missioners, a sum not exceeding seven hundred and fifty ^'^p*^'^^^^'
dollars.
For incidental and contingent office expenses of the Office
commissioners, a sum not exceeding twelve hundred ^-''P^^^^®-
dollars.
For printing town boundary atlases, a sum not exceed- ar^aJases*^'
ing three thousand dollars.
For printing and binding the annual report, a sum not Annual report.
exceeding five hundred and fifty dollars.
Section 2. This act shall take efiect upon its passage.
Approved January 31^ 1903.
Chap. 38
tions.
An Act making appropriations for salaries and expenses
in the office of the insurance commissioner.
Be it enacted^ etc., as foHoivs :
Section 1. The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the piu'poses specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the salary of the insurance commissioner, thirty- insurance
five hundred dollars. commissioner.
For the salary, of the deputy insurance commissioner, Deputy.
twenty-five hundred dollars.
For the salary of the actuary in the insurance depart- Actuary.
ment, two thousand dollars.
For the salary of the examiner in the insurance depart- Examiner.
ment, two thousand dollars.
For the salary of the chief clerk in the insurance depart- tii^ief cierk.
ment, two thousand dollars.
For the salary of the second clerk in the insurance second cierk.
department, fifteen hundred dollars.
For the salary of the third clerk in the insurance Third cierk.
department, twelve hundred dollars.
For such additional clerks and assistants as the insurance Additional
commissioner may find necessary for the despatch of pub- ^^^^^^' ^^*^-
lie business, a sum not exceeding twenty-six thousand and
twenty-five dollars.
28
Acts, 1903. — Chap. 39.
Expenses. ^oy incidental and contingent expenses of the insurance
commissioner, a sum not exceeding four thousand dollars.
Annual report. Yor j^rintiug and binding the annual report of the insur-
ance conmiissioncr, a sum not exceeding forty-six hundred
dollars.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1908.
Chap. 39
Appropria-
tions.
Prison com-
missioners,
chairman.
Secretary.
Clerical
assistance.
Agents.
Travelling
expenses.
Expenses.
Agent for aid-
ing discharged
female
prisoners.
Expenses.
Aiding prison-
ers discharged
from
reformatory.
Aiding prison-
ers discharged
from state
prison.
An Act making appropriations for salaries and expenses
in the office of the prison commissioners, and for sun-
dry reformatory expenses.
Be it enacted, etc., as folloivs :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the salary of the chairman of the prison commis-
sioners, fom* thousand dollars.
For the salary of the secretary of the prison commis-
sioners, twenty-five hundred dollars.
For clerical assistance in the ofBce of the prison com-
missioners, a sum not exceeding four thousand seven
hundred dollars.
For the salaries of the agents of the prison commis-
sioners, fifty-two hundred dollars.
For travelling expenses of the prison commissioners,
and of the secretary and agents of said commissioners,
a sum not exceeding three thousand dollars.
For incidental and contingent expenses of the prison
commissioners, a sum not exceeding fifteen hundred
dollars.
For the salary of the agent for aiding discharged female
prisoners, one thousand dollars.
For the expenses of the agent for aiding discharged
female prisoners, including assistance rendered to said
prisoners, a sum not exceeding tliree thousand dollars.
For aiding prisoners discharged from the Massachusetts
reformatory, a sum not exceeding five thousand dollars.
For aiding prisoners discharged from the state prison,
a sum not exceeding three thousand dollars.
Acts, 1903. — Chap. 40. 29
For expenses incurred in removing prisoners to and pnToners?*
from state and county prisons, a sum not exceeding one
thousand dollars.
For printing and binding the annual report of the prison Annual report.
commissioners, a sum not exceeding eleven hundred and
twenty-five dollars.
Sectiox 2. This act shall take eflect upon its passage.
Approved Januarri 31, 1903.
Chap. 40
An Act making appropriations for the salaries of employees
AND for other NECESSARY EXPENSES IN THE DEPARTMENT OF
THE SERGEANT -AT -ARMS.
Be it enacted, etc. , as follotvs :
Section 1 . The sums hereinafter mentioned are appro- Amnopria-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty -first day of December, nine-
teen hundred and three, to M'it : —
For the salaries of the chief engineer and other employees Engineer's
in the engineer's department, a sum not exceeding ten thou- ''*^P''>'"*°^^^*-
sand two hundred dollars.
For the salaries of the watchmen and assistant watch- watchmen.
men at the state house, a simi not exceeding eleven thou-
sand one hundred dollars.
For the salaries of firemen, oilers and cleaners at the Firemen, etc.
state house, a sum not exceeding ten thousand five hun-
dred dollars.
For the salaries of the elevator men and expenses in Elevator men,
connection with the elevators at the state house, a sum not ^^'^'
exceeding sixty-eight hundred dollars.
For the salaries of the special messenger and porters special mes-
at the state house, a sum not exceeding fifty-three hun- " '
dred 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, Fueiandiights.
water, gas, and the removal of ashes, a sum not exceed-
ing thirty-five thousand dollars.
For the care of the state house and grounds, including care of state
repairs, furniture and repairs thereof, and such expenses ^°"®®' ^'^*^'
as may be necessary at the various buildings now occu-
30
Acts, 1903. — Chap. 41.
New furniture,
etc.
Messengers.
Expenses.
Stenographer.
Matron.
pied by state departments, a sum not exceeding twenty-
two tliousund dollars.
For new furniture and fixtures, a sum not exceeding
five thousand dollars.
For the salaries of the messengers to the sergeant-at-
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-
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-
arms, a sum not exceeding nine hundred dollars.
For the salary of the state house matron, a sum not
exceedino^ eio-ht hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
CllClT). 41 "^^ ^^'^ MAKING APPEOPKIATIONS FOR PAYMENT OF STATE AND
MILITARY AID AND EXPENSES IN CONNECTION THEREWITH.
Appropria-
tions.
State and
military aid.
Commissioner
of state aid
and pensions.
Deputy.
Clerical
assistance, etc.
Be it enacted, etc., as folloivs :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the (^'ommon wealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For reimbursement of cities and towns for money paid
on account of state and military aid to Massachusetts vol-
unteers and their families, a sum not exceeding seven
hundred and ninety-four thousand dollars, the same to be
paid on or before the tenth day of December in the year
nineteen hundred and three.
For the salary of the commissioner of state aid and pen-
sions, twenty-five hundred dollars.
For the salary of the dei)uty commissioner of state aid
and pensions, two thousand dollars.
For clerical assistance, salaries and expenses of agents,
and for other expenses -of the commissioner of state aid
and pensions, a sum not exceeding thirteen thousand seven
hundred and forty dollars.
Section 2. This act shall take efiect upon its passage.
Approved January 31, 1903.
Acts, 1903. — Chaps. 42, 43, 44. 31
An Act making appropriations for the expenses of the com- /^/j/vit 49
missioners of the massachusetts nautical training school.
Be it enacted, etc., as foUoivs :
Section 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Common^vealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen liundred and three, to wit : —
For current expenses of the ^Nlassachu setts nautical train- Nautical train-
ing school, a sum not exceeding fifty thousand dollars. i»g school.
For the necessary expenses of the commissioners of the Expenses of
Massachusetts nautical training school, including the sal- ™™"^^s^i<>^-
ary of the secretary, clerical services, printing, stationery
and other contingent expenses, and printing and binding
the annual report of the commission, a sum not exceeding
five thousand dollars.
Section 2. This act shall take efl:ect upon its passage.
Approved January 31, 1903.
An Act making an appropriation for the preservation of nijfiq^ 4_Q
TO'W'N RECORDS OF BIRTHS, MARRIAGES AND DEATHS.
Be it enacted, etc., as follows :
Section 1. A sum not exceeding fifteen thousand Preservation
- ,, . , , 1 ® . T . , of certain town
dollars is hereby appropriated, to be paid out ot the records.
treasury of the Commonwealth from the ordinary revenue,
during the year ending on the thirty-first day of Decem-
ber, nineteen hundred and three, for the preservation of
town records of births, marriages and deaths previous to
the year eighteen hundred and fifty.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
An Act making an appropriation for the support of the ni^f.-.-. a a
MASSACHUSETTS SCHOOL FOR THE FJ:EBLE-MINDED.
Be it enactedf etc., as folloivs :
Section 1. The sum of sixty-seven thousand seven Massachusetts
hundred and sixty-nine dollars is hereby appropriated, leebie-mincled.
to be ])aid 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
32 Acts, 1903. — Chaps. 45, 46.
sum being based upon the average number of state patients
at the rate of three dollars and twentj-fi\a' cents per week,
as provided for b}" sections one hundred and twenty-seven
and one hundred and twenty-eight of chapter eighty-seven
of the Revised Laws, the same to include printing and
binding the annual report, 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 31, 1903.
(JJiaj). 45 -^N -^CT MAKING AN APPROPKIATION FOR THE SUPPORT OF THE
MEDFIELD INSANE ASYLUM.
Be it enacted, etc., as foUoivs :
fnsauelasyium. SECTION 1. The sum of forty-cight thousaud five hun-
dred forty-seven dollars and ninety-two cents is hereby
appropriated, to be paid out of the treasury of the Com-
monwealth from the ordinary revenue, for the support of
the Medfield insane asylum during the present year, said
sum being based upon the average number of state 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 chapter eighty-seven
of the Revised Laws, the same to include printing and
binding the annual report, 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.
Apx>roved January 31, 1903.
CTlO/D. 46 ^'^ ^'^'^ MAKING APPROPRIATIONS FOR THE STATE COLONY FOR
THE INSANE.
Be it enacted, etc., as folloivs :
for uiefnsa^e. SECTION 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the support of the state
colony for the insane, for the year ending on the thirty-
first day of December, nineteen hundred and three, to
wit : —
Acts, 1903. — Chaps. 47, 48. 33
For salaries, "wages and labor, a sum not exceeding six salaries, etc.
thousand dollars.
For current expenses, a sum not exceeding seven thou- Expenses.
sand six hundred dollars.
For printing and binding the annual report, a sum not Annual report.
exceeding two hundred dollars.
Section 2. This act shall take eftect upon its passage.
A2:)2)roved Jamiary 31, 1903.
An Act makixg ax appkopriation for the support of the r^hrij-i 47
DAN VERS INSANE HOSPITAL.
Be it enacted, etc., as foUoivs :
Section 1. The sum of forty-three thousand seventy- panversinsane
four dollars and forty-six cents is hereby appropriated, to
be paid out of the treasury of the Commonwealth 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 chapter eighty-seven of the
Revised Laws, and to include the expense of printing and
binding the annual report, 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 eftect upon its passage.
Approved January 31, 1903.
hospital.
CJicq). 48
An Act making an appropriation for the support of the
northampton insane hospital.
Beit enacted, etc., as folloics :
Section 1. The sum of nineteen thousand four hun- Northampton
dred and ninety dollars is hereby appropriated, to be paid hoTptoi.
out of the treasury of the Commonwealth from the ordi-
nary 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 week, as pro-
vided for by sections one hundred and twenty-seven and
one hundred and twenty-eight of chapter cightj^-seven of
the Revised Laws, the same to include printing and bind-
34: Acts, 1903. — Chaps. 49, 50.
ing the annual report, 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. Tliis act shall take effect upon its passage.
Ap2iroved January 31, 1903.
GhClT) 49 ^'^ ^*-"^ MAKING AX APPROPRIATION FOR THE SUPPORT OK THE
WORCESTER INSANE ASYLUM.
Be it enacted, etc., as follows:
i^nsTnl asylum. SECTION 1 . The sum of thirty-fivc thousand forty-six
dollars and eighty-eight cents is hereby appropriated, to
be paid out of the treasury of the Commonwealth from
the ordinary revenue, for the support of the Worcester
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 31, 1903.
GJlUT) 50 -^'^ ^^'^ MAKING AN APPROPRIATION FOR THE MASSACHUSETTS
STATE FIREMEN'S ASSOCIATION.
Be it enacted, etc., as folloivs:
state Fire^^"^ Section 1. The sum of twelve thousand dollars is
men's^Asso- hereby appropriated, to be paid out of the treasury of
the Commonwealth from the ordinary revenue, for the
Massachusetts State Firemen's Association, as provided
by chapter one hundred and eight of the acts of the j^ear
nineteen hundred and two. The cost of printing and
binding the annual report shall be paid from this appro-
priation.
Section 2. This act shall take effect upon its passage.
Approved January 31, 1903.
Acts, 1903. — Chaps. 51, 52. 35
An Act to authorize the scitcate water company to increase nfinj^ k\
ITS CAPITAL STOCK AND TO ISSUE ADDITIONAL BONDS SECURED
BY MORTGAGE OF ITS PROPERTY.
5e it enacted, etc., as follows:
Section six of chapter three hundred and ninety-one of amended^ ^'
the acts of the year eighteen hundred and ninety-three
is hereby amended by striking out the word "sixty",
in the fourth line, and inserting in place thereof the
words: — one hundred, — so as to read as follows: —
Section 6. The said corporation may, for the purposes scituate water
set forth in this act, hold real estate not exceeding in hTcrea^e^s""^
value twenty thousand dollars, and the whole capital ^^p^^i stock,
stock of said corporation shall not exceed one hundred
thousand dollars, to be divided into shares of one hun-
dred dollars each ; and said corporation may issue bonds
to an amount not exceeding the amount of its capital
stock actually paid in and applied to the purpose of its
incorporation, and ma}^ secure the same at any time by
a mortgage of its franchise and property.
Approved February 3, 1903.
Chap. 52
An Act making appropriations for the support of the
taunton insane hospital.
Be it enacted, etc., as follows :
Section 1. The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth ^'°°^'
from the ordinary revenue, for the purposes specified, for
the year ending on the thirtv-tirst day of December, nine-
teen hundred and three, to wit : —
For the support of the Taunton insane hospital, the Taunton m-
sum of forty -five thousa^id six hundred and thirty dollars, ^^^ehospitaL
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 expenses of
said institution may be used for that purpose.
36
Acts, 1903. — Chaps. 53, 54.
Annual report. ^ov printing and binding the annual report of said insti-
tution, a sum not exceedins: two hundred and twentv-five
dollars.
Section 2. This act shall take effect upon its passage.
Approved February 3, 1903.
ChCllJ. 53 ^'^ ^^^ MAKING APPKOPKIATIONS FOK THE SUPFOllT OF THE
WORCESTER INSANE HOSPITAL.
Ap propria
tions.
Worcester in-
sane liospital
Be it enacted, etc., as folloivs:
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit: —
For the support of the Worcester insane hospital, the
sum of fifty-nine thousand two hundred fifty-four dollars
and eighty-eight cents, said sum being based upon the
average number of state patients at the rate of three dol-
lars 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 Eevised
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.
Annual report. Yov printing and binding the annual report of said insti-
tution, a sum not exceeding three hundred dollars.
Section 2. This act shall take efl:ect upon its passage.
Approved February 3, 1903.
CllClT). 54 ^^^' '^'^'^ RELATIVE TO THE SITTINliS OF THE SUPREME JUDICIAL
COURT AND THE SUPERIOR COURT FOR THE COUNTY OF PLYMOUTH.
Jje it enacted, etc., as follows :
Section 1 . Section fifteen of chapter one hundred and
fift3'^-six of the Revised Laws is hereby amended by insert-
ing after the word " Norfolk ", in the sixth line, the word :
— Plymouth, — so as to read as follows: — /Section 15.
A law sitting of the court for the Commonwealth shall be
held annually at Boston on the first Wednesday of Janu-
ary and may be adjourned from time to time to places and
times most conducive to the dcspatcli of business and to
the interests of the public. At such sitting, questions
of law arising in the counties of Barnstable, Middlesex,
R. L. ].")(!, § 15,
amended.
SittlnjTS of
supreme judi-
cial court.
Acts, 1903. — Chap. 55. 37
Norfolk, Plj^mouth and Sufiblk and, b}^ consent of the
parties filed in the case, such questions arising in other
counties, and such questions for which no other provision
is made, shall be entered and determined.
Section 2. Section sixteen of said chapter of the r. l. loe, § i6,
Revised Laws is hereby amended by striking out the ^^^^
w^ords " For the county of Plymouth, at Plj-mouth, on
the third Tuesday of October ", in the thirteenth and
fourteenth lines.
Section 3. Sittings of the superior court shall be held superfor*M>urt
within and for the county of Plymouth as follows : — At lZ^§^''''^^
Plymouth for criminal business on the first Mondays of
February, June and October of each year, for civil busi-
ness at Pl^'Uiouth on the second Mondays of jNIarch and
September, and at Brockton on the first Mondays of ]May
and November of each year.
Section 4. All appeals, recognizances, processes and CTlminaf cases.
every other matter of criminal business which would be
returnable to or have day in the sitting of the superior
court to be holden in said county of Plymouth on the
second ^Monday of June next, if this act had not been
passed, shall be returnable to and have day in the sitting
hereby established to be held on the first Monday of said
June.
Section 5. Section twenty-foiu* of chapter one hun- r. l. 157, §24,
dred and fifty-seven of the Revised Laws is hereby ^"^° ^'"
amended by striking out the words ' ' For the county of
Pl3anouth, at Phmouth, on the second Mondays of Feb-
ruary and June and the fourth Monday of October ", in
the forty-first and forty-second lines.
Section 6. This act shall take eflect upon its passage when to take
as to the provisions of sections one, two and four and as *^^®°*-
to all matters ]ireliminary to the sittings hereby estab-
lished, and shall take full effect on the first day of June
in the year nineteen hundred and three.
App'i'oved February 6, 1903.
An Act making appropriations for printing and binding (JIiqii 55
public documents, for purchasing paper, and for pub-
lishing laws and matters relating to elections.
Be it enacted., etc., as folloivs :
Section 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth
38
Acts, 1903. — Chap. 56.
Public
documents.
Pamphlet
edition, nets
and resolves.
Blue book.
Publication of
laws, etc.
Decisions of
supreme
judicial court.
Purchase of
paper.
Assessors'
books, etc.
Registration
books, etc.
Printing, etc.,
ballots.
Blank forms,
etc.
Blanks.
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty -first day of December, nine-
teen liundrcd and tlu-ee, to wit : —
For printing and binding the series of public documents,
a sum not exceeding nine thousand dollars.
For printing the pami)hlet edition of the acts and
resolves of the present year, a sum not exceeding four
thousand dollars.
For printing and binding the blue book edition of the
acts and resolves of the present year, a sum not exceed-
ing eight thousand dollars.
For the newspaper publication of the general laws and
information intended for the public, a sum not exceeding-
live hundred dollars
For reports of decisions of the supreme judicial court,
a sum not exceeding two thousand dollars.
For the purchase of paper used in the execution of the
contract for the state printing, a sum not exceeding thirty-
two thousand dollars.
For assessors' books and blanks, a sum not exceeding
fifteen hundred dollars.
For registration books and blanks, indexing returns and
editing registration report, a sum not exceeding three
thousand dollars.
For printing and distributing ballots, a sum not exceed-
ing nine thousand dollars.
For blank forms for town officers, election laws and
instructions on all matters relating to elections, and for
the expense of advertising the state ticket, a sum not
exceeding three thousand dollars.
For furnishing suitable blanks to registrars of voters,
a sum not exceeding five hundred dollars.
Section 2. This act shall take effect upon its passage.
Apj)roved February 13, 1903.
Chap. 5Q -^^ -'^CT MAKING APPROPRIATIONS FOR THE BOARD OF REGISTRA-
TION IN DENTISTRY.
Appropria-
tions.
Be it enacted, etc., as foUoivs :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
Acts, 1903. — Chap. 57. 39
For the salaries of the members of the board of regis- Board of
tration in dentistry, fourteen hundred dollars. [n^denust^y.
For travelling and other expenses of said board, a sum Expenses.
not exceeding one thousand dollars.
For clerical services, postage, printing and other neces- clerical ser-
sary expenses of said board, including the printing of its re^ortfe^"*
annual report, a sum not exceeding twelve hundred and
fifty dollars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
Cliaii. 57
An Act making appropriations for the salaries and expenses
of the railroad commissioners.
Be it enacted, etc., as follows :
Sectiox 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth *'*'°^"
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first da}' of December, nine-
teen hundred and three, to wit : —
For the salaries of the railroad commissioners, thirteen Railroad com-
thousand dollars. mlssloners.
For the salary of the clerk of the railroad commission- cierk.
ers, twenty-five hundred dollars.
For the salary of the assistant clerk of the railroad Assistant
1 • 1111 clerk.
commissioners, a sum not exceeding twelve hundred
dollars.
For such additional clerical assistance as the railroad clerical
assistance.
commissioners may deem necessary for the proper despatch
of public business, a sum not exceeding twelve hundred
dollars.
For the salary of the accountant of the railroad commis- Accountant.
sioners, twenty-five hundred dollars.
For the salaries and expenses of the steam railroad fnfpectors.™^*^
inspectors, a sum not exceeding nine thousand dollars.
For the compensation of experts or other agents of the Experts, etc.
railroad commissioners, a sum not exceeding eight thou-
sand two hundred dollars.
For rent, care of office and salary of a messenger for Rent, mes-
the railroad commissioners, a sum not exceeding five ®^°^®'''®
thousand three hundred dollars.
For books, maps, statistics, stationery and incidental stationery, etc.
and contingent expenses of the railroad commissioners,
a sum not exceeding three thousand dollars.
40
Acts, 1903. — Chaps. 58, 59.
Evidence at
inquests.
Stenographer,
etc.
For the expenses of taking evidence given at inquests
on deaths by accident upon steam and street railways,
a sum not exceeding two tliousand doUars.
For a stenographer and stenographic reports, a sum not
exceeding twelve hundred dollars.
Annual report. Yov printing and binding the annual report of the rail-
road commissioners, a sum not exceeding five thousand
dollars.
Section 2. This act shall take effect upon its passage.
. Approved February 13, 1903.
Chan 58 ^^ ^^'^ making appropriations for the
TION IN MEDICINE.
BOARD OF REGISTRA-
Appropria •
tions.
Board of
registration
in medicine.
Expenses.
Clerical ser-
vices, annual
report, etc.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the salaries of the members of the board of regis-
tration in medicine, fortj^-three hundred dollars.
For travelling and other expenses of said board, a sum
not exceeding eight hundred dollars.
For clerical services, printing, postage, office supplies,
and contingent expenses of the members of said board,
including the printing of its annual report, a sum not
exceeding seventeen hundred and fifty dollars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
Chap. 59
Appropria-
tions.
Board of
registration in
pharmacy'.
Expenses.
An Act making appropriations for the board of registra-
tion IN PHARMACY.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasmy of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the salaries of the members of the board of regis-
tration in pharmacy, twenty-four hundred dollars.
For travelling and other expenses of the members of
said board, a sum not exceeding fourteen hundred and
seventy-five dollars.
Acts, 1903. — Chaps. 60, 61. 11
For the salary and expenses of the agent of said board, ^^sent.
a sum not exceeding twenty-foui' hundred dollars.
For a stenographer, witness fees and incidental and con- stenographer,
tingent expenses of said board, the same to include print- |^^'^u^' ^'epon,
ing the annual report, a sum not exceeding fourteen
hundred and fifty dollars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
Ax Act making appropriations for the expenses of the nj^^r.^ ac)
TRUSTEES OF THE LYMAN AND INDUSTRIAL SCHOOLS.
Be it enacted, etc., as folloivs :
Section 1. The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth ^^^^^'
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For travelling and other expenses of the trustees of the Trustees of
Lyman and industrial schools, a sum not exceeding one in^ustriar**
thousand dollars. '•^^«°^^-
For printing and binding the annual report of the Lyman Annual report,
and industrial schools, a sum not exceeding tliree hundred
dollars.
Section 2. This act shall take effect upon its passage.
Approved February 18, 1903.
Chcqj. 61
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 appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth ^^°^^'
from the ordinary revenue, for the Massachusetts reforma-
tory, for the year ending on the thirty-first day of Decem-
ber, nineteen hundred and three, to wit : —
Fof the salaries of officers, a sum not exceeding eighty- Massachusetts
two thousand dollars. salaries o7^'
For the salaries and wa^es of instructors, teachers and f''"^''^-
~ ' Insti'uctors,
other employees, a sum not exceeding twenty-foiu* thou- teachers, etc.
sand nine hundred dollars.
For other current expenses, a sum not exceeding one Expenses.
hundred and nine thousand seven hundred dollars.
Section 2. This act shall take effect upon its passage.
Ap)proved February 13, 1903.
42
Acts, 1903. — Chaps. 62, 63, 64.
Chap. 62 -^N Act making appropriations for salaries akd expenses
AT THE STATE PRISON.
Be it enacted^ etc., as folloivs:
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For tlie 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 dollars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
Appropria-
tions.
State prison,
salaries.
Expenses.
CllClJ). 63 ^'^ ^^'^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES
AT THE REFORMATORY PRISON FOR WOMEN.
Appropria-
tions.
Reformatory
prison for
women,
salaries, etc.
Expenses.
Town of
Framingham.
JBe it enacted, etc. , as folloivs :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the reformatory prison for
women, for the year ending on the thirty-first day of
December, nineteen hundred and three, to wit : —
For salaries, wages and labor, a sum not exceeding
twenty-five thousand dollars.
For other current expenses, a sum not exceeding thirty-
two thousand dollars.
For the town of Framingham, toward the annual expense
of maintaining and operating the system of sewage dis-
posal at said prison, the sum of six hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
ChdT). 64 ^^ '^^'^ MAKING AN APPROPRIATION FOR THE PAYMENT OF CER-
TAIN CLAIMS ARISING FROM THE DEATH OF FIREMEN IN THE
DISCHARGE OF THEIR DUTIES.
Be it enacted, etc., as follows :
cenajn daims SECTION 1 . The suiu of tcn thousand dollars is hereby
the^deltho? appropriated, to be paid out of the treasury of the Com-
iiremen. monwcalth, as authorized by section seventy-seven of
Acts, 1903. — Chaps. 65, 66. 43
chapter thirty-two of the Revised Laws , for the payment
of such claims as may arise in consequence of deatlis of
firemen belonging to regularly organized tire departments
of a city or town , or of members in active service of any
incorporated protective department, or of any 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 tliree.
Section 2. This act shall take eflect upon its passage.
Approved February 13, 1903.
An Act making an appropriation for printing and binding (Jhap. 6^
THE ANNUAL REPORT OF THE METROPOLITAN WATER AND SEWER-
AGE BOARD.
Be it enacted, etc., as folloics :
Section 1. The sum of twenty-five hundred dollars nil^o'j^joiuan
is hereby appropriated, to be i:>aid out of the treasury of ^^'iter and
the Commonwealth from the ordinary revenue, for print- board."
ing and binding the annual report of the metropolitan
water and sewerage board, the cost of the same to be
assessed and collected by the treasurer and receiver gen-
eral equally upon and from the metropolitan water and
metropolitan sewerage districts.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
An Act making an appropriation for dredging a part of QJiQ/n. 66
THE SOUTHERLY SHORE OF SOUTH BOSTON.
He it enacted, etc., as follows :
Section 1. The sum of twenty-five thousand dollars ^/goflhfrF/'^
is hereby appropriated, to be paid out of the treasury of |ou|^ Boston
the Commonwealth from the ordinary revenue, to be
expended by the board of harbor and land commissioners
in dredging a part of the southerly shore of South Bos-
ton, during the year ending on the thirty-first day of
December, nineteen hundred and three.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
4A
Acts, 1903. — Chap. 67.
CllClV. 67 ^^ ^<^T MAKING APPROPRIATIOXS FOR SUNDRY MISCELLANEOUS
EXPENSES AUTHORIZED BY LAW.
Be it enacted^ etc., as follows :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes s})ecified, for
tlie year ending on the tliirty-first day of December, nine-
teen liundred and three, to wit : —
For the payment of unclaimed moneys in the hands of
receivers of certain insolvent corporations, after the same
have been deposited in the treasury of the Commonwealth,
a sum not exceeding twenty-five hundred dollars.
To carry out the provisions of the act relative to the
payment from the treasury of the Commonwealth of funds
received from public administrators, a sum not exceeding
fifteen hundred dollars.
For medical examiners' fees, a sum not exceeding five
hundred dollars.
For expenses incurred in the construction and repair
of roads in the town of Mashpee during the year nineteen
hundred and two, the sum of three hundred dollars.
For assistance to the town of Truro in maintaining a
section of its county high^\•ay known as Beach Point road,
a sum not exceeding five hundred dollars.
For the city of Waltham, for the annual assessment due
from the Commonwealth toward maintaining and operat-
ing a system of scAvage disposal at the Massachusetts
School for the Feeble-minded, as provided for by section
three of chapter eighty-tliree of the acts of the year
eighteen hundred and ninety-three, the sum of eight hun-
dred twenty dollars and eighty-nine cents.
For the support of Sarah J. Robinson, a prisoner in
one of the jails in Middlesex county, a sum not exceeding
four hundred dollars.
For small items of expenditure for which no appropria-
tions have been made, and for cases in which appropria-
tions have been exhausted or have reverted to the treasury
of the Commonwealth in previous years, a sum not exceed-
ing one thousand dollars, to be expended under the
direction of the auditor of the Commonwealth.
Section 2. This act shall take eflect upon its passage.
Ajiproved February 13, 1903.
Appropria-
tions.
Unclaimed
moneys In
hands of
receivers.
Funds
received from
public admin-
istrators.
Medical ex-
aminer's fees.
Construction,
etc., of roads
In Mashpee.
Beach Point
road.
City of
Waltham.
Sarah J.
Robinson.
Small items of
expenditure.
Acts, 1903. — Chaps. 68, 69. 45
An Act making appropriatioxs for salaries and expenses Q^hxj), 68
in the office of the state board of health.
Ba it enacted, etc., as foUoics :
Section 1. The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the state board of liealth,
for the year ending on the thirty-tirst day of December,
nineteen hundred and three, to wit : —
For the salary of the secretary of the board, tliree thou- state board
J J n of health,
sand dollars. secretary.
For the general work of the board, including all neces- Expenses.
sary travelling expenses, a sum not exceeding twenty
thousand dollars.
For salaries and expenses in connection with the in- inspection of
spection of milk, food and drugs, a sum not exceeding and drugs,
eleven thousand five hundred dollars.
For expenses in connection with the examination of ^f^Q^^e^^^°^
sewer outlets, a sum not exceeding seven thousand live outlets.
hundred dollars.
For printing and binding the annual report, a sum not Ammai report.
exceeding four thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved Fehruary 13, 1903.
An Act making an appropriation for protecting the purity (JJiqj)^ (39
of inland waters.
Be it enacted, etc., as foUoivs :
Section 1. A sum not exceeding thirty-four thou- Protecting
sand dollars is hereby appropriated, to be paid out of In^iauS waters.
the treasury of the Commonwealth from the ordinary
revenue, for the services of engineers, chemists, biolo-
gists 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 three.
Section 2. This act shall take effect upon its passage.
Approved Fehruary 13, 1903.
46
Acts, 1903. — Chaps. 70, 71.
ChClT)' 70 -^^ ^^'^ MAKING APPROPRIATIONS FOR THE EXPENSES OF THE STATE
BOARD OF INSANITY.
Be it enacted., etc., as follows:
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of tlie Commonwealth
from tlie ordinary revenue, for the state board of insanity,
for the year ending on the thirty -first day of December,
nineteen hundred and three, to wit: —
For travelling and office expenses of the board, a sum
not exceeding forty-five hundred dollars.
For the salaries of officers and employees, a sum not
exceeding sixteen thousand two hundred dollars.
For transportation and medical examination of state
paupers, under the charge of the board, seven thousand
five hundred 'dollars.
of insane paupers boarded out in
of the board, ten thousand
Appropria-
tions.
State board
of inBanity,
expenses.
Officers .ind
employees.
Transporta-
tion, etc., of
state paupers.
Support of
certain insane
paupers.
charge
Support of
certain state
paupers.
Annual report.
For the support
families, under the
dollars.
For the support of state paupers in the Hospital Cot-
tages for Children, a sum not exceeding six thousand five
hundred dollars.
For printing and binding the annual report, a sum not
exceeding nine hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
GhUO. 71 '^'^ '^'^^ MAKING AN APPROPRIATION FOR OPERATING THE NORTH
METROPOLITAN SYSTEM OF SEWERAGE.
North
Metropolitan
System of
eewerage.
Be it enacted, etc., as follows:
Section 1. A sum not exceeding one hundred and
twenty-two thousand six hundred dollars is hereby appro-
priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, for the maintenance
and operation of the system of sewage disposal for the
cities of Boston, Cambridge, Somerville, Maiden, Chelsea,
Woburn, Medford, INIelrose and Everett, and the tow^ns
of Stoneham, Winchester, Arlington and Belmont, known
as the North Metroix>litan System, during the year end-
ing on the thirty-first day of December, nineteen hundred
and three.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
Acts, 1903. — Chap. 72. 47
An Act making appropriations for the salaries and expenses njirfj^ 70
OF THE DISTRICT POLICE.
Be it enacted, etc., as follotvs :
Section 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealtli
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the salary of tlie cliief of the district police, twenty- CMef of
j^iT-iiii district police.
five hundred dollars.
For the salary of the deputy chief of the district police, Deputy chief.
in charge of the fire marshal's department, twenty-four
hundred dollars.
For the salary of the first clerk in the office of the chief *'"'s* ^'i®^^-
of the district police, fifteen hundred dollars.
For the salary of the second clerk in the office of the second cierk.
chief of the district police, one thousand dollars.
For the salary of the clerk in the fire marshal's depart- |J,a?^ij!".*'''''
ment of the district police, twelve hundred dollars. depui-tment.
For the salary of the stenographer in the fire mar- stenographer.
shal's department of the district police, twelve hundred
dollars.
For the salary of the chief aid in the fire marshal's chief aid.
department of the district police, fifteen hundred dollars.
For the salaries of six additional aids in the fire mar- Additional
shal's department of the district police, six thousand
dollars.
For the salary of the clerk in the boiler inspection cierk in boiler
department of the district police, six hundred dollars. department.
For the compensation of the members of the district district^jo^iice.
police, a sum not exceeding seventy-one thousand dollars.
For travelling expenses of the members of the district Expenses.
police, a sum not exceeding twenty-three thousand three
hundred dollars.
For travelling, contingent and incidental expenses of flr^^uiTrlihafs
the fire marshal's department of the district police, the department.
same to include services and expenses of persons em-
ployed in outside secret investigations, witness fees and
travel, under the direction of the deputy chief, a sum not
exceeding seven thousand dollars.
For postage, printing, stationery, telephone, telegraph, oiHce
and incidental and contingent office expenses under the
48 Acts, 1903. — Chap. 73.
direction of the deputy chief, a sum not exceeding twenty-
five liundred dollars.
Expenses of For incidental and contingent expenses of the chief and
members of nienibcrs of the district police, a sum not exceeding
district police. twenty-fiN'c hundred dollars.
Annual report. For printing and binding the annual report, a sum not
exceedina: seventeen hundred dollars.
Section 2. This act shall take efi^ect upon its passage.
Api)roved February 13., 1903.
Chap. 73
An Act making appropriations for the compensation and
expenses of the board of commissioners on fisheries and
GAME.
Be it enacted, etc., as foUoivs :
Appropria- SECTION 1 . The sums hereinafter mentioned are appro-
tions. priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
Commission- For the Compensation of the commissioners on fisheries
and^g'ame!*'^ ^^ and gauic, a suui not exceeding five thousand six hundred
and thirty dollars.
Expenses. For travelling and other necessary expenses of the com-
missioners on fisheries and game, a sum not exceeding
fifteen hundred and fifty dollars.
Clerical For clerical services in the ofiice of the commissioners
on fisheries and game, a sum not exceeding seven hundred
and eighty dollars.
Enforcement ^oT the enforcement of laws relatino- to fisheries and
of laws, . . ~
propagation game, and to carry out the provisions ot law concerning
° ' ' the propagation and distribution of fish, birds and other
animals, for running expenses, rent and maintenance of
hatcheries, a sum not exceeding eighteen thousand four
hundred and forty-five dollars.
stocking For expense of stocking great ponds with food fish, a
sum not exceeding five hundred dollars,
stocking For expense of stockino- brooks with food fish, a sum
brooks. ' . 1 ' 1 1 n
not exceeding three liundred dollars.
Annual report. For printing and binding the annual report of said com-
missioners, a sum not exceeding three hundred and fifty
dollars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
Acts, 1903. — Chaps. 74, 75. 49
An Act making an appropriation for operating the south (JJkij) 74
metropolitan system of sewage disposal.
Be it enacted., etc., as follows :
Section 1. A sum not exceeding one hundred and Me'iropoiitan
one thousand four hundred ninety-one dollars and eighty- |^\^'^"g^*
two cents is hereby appropriated, to be paid out of the Disposal.
treasury of the Commonwealth from the ordinary revenue,
for the maintenance and operation of the South Metro-
politan System of Sewage Disposal, comprising a part of
Boston, the cities of Newton, Quincy and Waltham, and
the towns of Brookline, Dedham, Hyde Park, Milton and
"VYatertown, during the year ending on the thirty-first
day of December, nineteen hundred and three.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
An Act making appropriations for the expenses of the court QJ^nj) 75
OF land registration.
Be it enacted, etc., as foUotvs :
Section 1. The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the jDurposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and tliree, to wit : —
For the salary of the judge of land registration, four Judge of land
thousand five hundred dollars. regis ra ion.
For the salary of the associate judge of land registra- Associate
tion, four thousand dollars. i^<^se.
For the salary of the recorder of the court of land Recorder.
registration, four thousand five hundred dollars.
For clerical assistance in the office of the court of land clerical
assistance.
registration, a sum not exceeding four thousand dollars.
For sheriffs' bills, advertising, surveying, examination Expenses.
of titles, and sundry incidental expenses, a sum not
exceeding thirteen thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
50 Acts, 1903. — Chaps. 76, 77, 78.
Chap. 76 ^^ -^CT MAKING AK AFrROPRIATION FOU OPERATING THE STEAMER
LEXINGTON IN THE ENFORCEMENT OF THE LAWS RELATH'E TO
FISHERIES.
Be it enacted, etc., as follows :
2ian"m°^ Section 1. The sum of nine thousand dollars is
hereby appropriated, to be paid out of the treasury of the
Commonwealth from the ordinary revenue, for operating
the steamer Lexington, which is in charge of the chief of
the district police and is used in the enforcement of the
fishery laws of the Commonwealth.
Section 2. This act shall take efiect upon its passage.
Approved February 13, 1903.
steamer
Lexinston
GhaV. 77 ^-^ ''^^'^ '^'^ AUTHORIZE THE COUNTY COMMISSIONERS OF THE COUNTY
OF MIDDLESEX TO MAKE CERTAIN IMPROVEMENTS AT THE MIDDLE-
SEX COUNTY TRUANT SCHOOL AT CHELMSFORD.
Be it enacted, etc., as foUotvs :
^axtJuZtr^^^^ Section 1. The county commissioners of the count}^
Chetasford ^^ Middlesex may expend a sum not exceeding thirty-tive
thousand dollars in the construction of buildings and in
completing a system of heating all the buildings from a
central boiler house at the truant school of said county in
Chelmsford.
commfssioners Section 2. To meet the cxpcnses incurred Under tliis
may borrow c^q^ g^j^j couimissioners may borrow from time to time
upon crecllt '' , . , .
of county. upon the credit of the county a sum not exceedmg thirty-
five thousand dollars.
Section 3. This act shall take effect upon its passage.
Ax)proved February 13, 1903.
CllClT). 78 ^^ ^^'^ '^^ INCORPORATE THE OLD LANDING CEMETERY ASSOCIATION.
Be it enacted, etc., as folloivs :
cemete?v'°° SECTION 1. W. H. H. Eydcr, Charles H. Delano,
i^^rporated. Justus A. Briggs, AUce B. Hathaway, Oliver Cobb,
Charles M. Deane, Amos Delano and William S. Little,
their associates and successors, are hereby made a cor-
poration by the name of the Old Landing Cemetery Asso-
ciation, for the purpose of acquiring and maintaining as
a burial ground certain land set apart and known as the
Old Landing Cemetery, situated in the town of Marion.
Acts, 1903. — Chap. 78. 51
Said corporation shall have all the powers and privileges
and .shall be subject to all the restrictions and liabilities
set forth in all general laws now or hereafter in force
applicable to such corporations.
Section 2. Said corporation is hereby authorized to May acquire,
acquire possession and control of said cemetery, and may rea'i or per.'^^^
purchase from time to time and may acquire by gift, sonai property.
bequest or devise, and may hold so much real or per-
sonal property as may be necessary or appropriate for
the purposes of said association : provided, that nothing Proviso.
herein contained shall affect the individual rights of pro-
prietors in said cemetery.
Section 3. Only persons who shall become proprie- Membership.
tors of lots in any lands acquired by said association, and
persons who are now proprietors of lots, whether by deed
or otherwise, in the real estate designated in section one
of this act, shall be and become members of said asso-
ciation ; and whenever any person shall cease to be the
proprietor of a lot in the lands of said association he shall
cease to be a member thereof.
Section 4. The net proceeds of sales of lots in the xet proceeds
lands held by said corporation shall be applied to the to be'appfied*^
preservation, improvement, embellishment, protection and mem.^etcT^
enlargement of said cemetery, and to paying the inci-
dental expenses thereof, and to no other purpose.
Section 5. Said corporation is hereby authorized to Grants,
take and hold any grant, gift or bequest of property, upon ^^^^"'^^ ^'® ''•
trust, to apply the same or the income thereof to the
improvement, embellishment or enlargement of said ceme-
tery, or for the erection, repair, preservation or removal
of any monument, fence or other structure, or for the
planting and cultivation of trees, shrubs or plants in or
around any lot, or for improving said premises in any
other manner consistent with the object of said corpora-
tion, according to the terms of such grant, gift or bequest.
Section 6. Said corporation may bv its by-laws pro- officers, care
• 1^ ^ m T_ 'Z " ^ Q^ cemetery,
Vide for such officers as may be necessary, and may also etc.
provide for the care and management of the cemetery and
for the sale and conveyance of lots therein, and for the
care and management of any funds which it may hold,
and for any other matters incident to the proper manage-
ment of the corporation.
Section 7. This act shall take effect upon its passage.
Approved February 13, 1903.
52 Acts, 1903. — Chaps. 79, 80, 81.
ChClV' 79 ^^ ^^^ ^^ AUTHORIZE THE ESSEX INSTITUTE TO HOLD ADDITIONAL
PERSONAL PROPERTY.
Be it enacted^ etc., as follows :
iilstiuftemay SECTION 1. The EssGx Institute is hereby authorized
perwif fro"'^' to hold persoiial property, exclusive of tlie books, papers
erty. and articles in the cabinets of said corporation, to an
amount not exceeding five hundred thousand dollars in
value.
Section 2. This act shall take efiect upon its passage.
Approved February 13, 1903.
ChaV. 80 ^^ ^^'^ MAKING AN APPROPRIATION FOR THE CARE AND MAIN-
TENANCE OF THE NANTASKET BEACH RESERVATION BY THE MET-
ROPOLITAN PARK COMMISSION.
Beit enacted, etc., as folloios :
mluutenance SECTION 1. A suiii not exceeding sixteen thousand
of the Nantes- two hundred dollars is hereby appropriated, to be paid out
reservation. of the treasury of the Commonwealth from the ordinary
revenue, for the care and maintenance of the Nantasket
Beach reservation by the metropolitan park commission,
during the year ending on the thirty-first day of Decem-
ber, nineteen hundred and three, this amount to be reim-
bursed to the Commonwealth by the towns and cities in
the metropolitan parks district, in accordance with the
provisions of chapter four hundred and sixty-four of the
acts of the year eighteen hundred and ninety-nine.
Section 2 . This act shall take effect upon its passage .
App)roved February 13, 1903.
ChCLT). 81 "^^ ^^"^ MAKING AN APPROPRIATION FOR EXTERMINATING CONTA-
GIOUS DISEASES AMONG HORSES, CATTLE AND OTHER ANIMALS.
Be it enacted, etc., as follows:
Sntegfouf Section 1. The sum of fifty-eight thousand dollars is
^jseases" hereby appropriated, to be paid out of the treasury of
animals. the Commonwealth from the ordinary revenue, for the
extermination of contagious diseases among horses, cattle
and other animals, during the year ending on the thirty-
first day of December, nineteen hundred and three.
Section 2. This act shall take eff'ect upon its passage.
Approved February 13, 1903.
Acts, 1903. — Chaps. 82, 83. 53
An Act making an appropriation for the Massachusetts (Jhnrry S'^
STATE sanatorium.
Be it enacted^ etc., as folloivs:
Section 1. The sum of ninety thousand dollars is Massachusetts
hereby appropriated, to be paid out of the treasury of tori^uu"^
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 thi'ee, in-
cluding the printing and binding of the annual report,
this amount to be in addition to the receipts of the said
sanatorium ; 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 effect upon its passage.
Approved February 13, 1903.
An Act making appropriations for salaries and expenses O'hrtrf. QQ
AT THE STATE INDUSTRIAL SCHOOL FOR GIRLS.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter mentioned are appro- Appropna-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For salaries, wao-es and labor at the state industrial state imius-
' C3 ,. . , trial scliool
school for girls, a sum not exceeding eio^hteen thousand torgiris,
StiliiriGs etc
one hundred and sixty-two dollars.
For other current expenses at the said school, a sum Expenses.
not exceeding twenty-five thousand four hundred and
eighty-five dollars.
For expenses in connection with boarding out younger Boarding out
girls from the state industrial school, to include boarding y*^""^*''' s" "•
and other expenses of girls on probation, a sum not ex-
ceeding fifty-tliree hundred and seventy dollars.
For instruction in the public schools in any city or instruction in
town in the Commonwealth of children boarded or bound ^^" ^^^^ ^^^'
out by the trustees of the Lyman and industrial schools,
a sum not exceeding one hundred and twenty-five dol-
lars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
54
Acts, 1903. — Chaps. 84, 85.
Appropria-
tions.
Lyman school
for boys,
salaries,
wages, etx;.
Expenses.
(JhaT). 84 ^^ -^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES
AT THE LYMAN SCHOOL FOR liOYS.
Be it enacted, etc., as folloios:
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and tliree, to wit : —
For salaries, wages and labor at the Lyman school for
boys, a sum not exceeding twenty-nine thousand six hun-
dred dollars.
For other current expenses at the said school, a sum
not exceeding forty-seven thousand six hundred dollars.
For the salaries and expenses of such agents as the trus-
tees of the Lyman and industrial schools ma}" find neces-
sary to employ, a sum not exceeding eight thousand
dollars.
For expenses in connection with boarding out children
by the trustees of the Lyman and industrial schools, a
smn not exceeding five thousand dollars.
For instruction in the public schools in any city or
town in the Commonwealth of children boarded or bound
out l)y the trustees of the Lyman and industrial schools,
a sum not exceeding five hundred dollars.
Section 2. This act shall take eflect upon its passage.
Approved February 13, 1903.
Boarding out
children.
Instruction in
public schools.
Ghcip. 85 -"^^ Act making appropriations for salaries and expenses in
THE department of the adjutant general, and for sun-
dry other military expenses.
Be it enacted, etc. , as follows :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the salary of the adjutant general, thirty-six hun-
dred dollars.
For the salarv of the first clerk in the adjutant gen-
eral's department, twenty-two hundred dollars.
For the salary of the second clerk in the adjutant gen-
eral's department, sixteen hundred dollars.
Appropria-
tions.
Adjutant
general.
First clerk.
Second clerk.
Acts, 1903. — Chap. 85. 55
For the salary of an additional clerk in the adjutant ^erl'"*'°^^
general's department, two thousand dollars.
For the salaries of the two extra clerks in the adjutant Extra clerks.
general's department, twelve hundred dollars each.
For the salary of the messenger in the adjutant gen- Messenger.
eral's department, eight hundred dollars.
For such additional clerical assistance as the adjutant assfstance.
general may deem necessary, and for the compensation
of employees at the state arsenal, a sum not exceeding
seventy-one hundred dollars.
For the compensation of officers and men of the volun- Mmtia,
. ^ -,, tit i^^i. compensation.
teer militia, a sum not exceeding one hundred and tiity
thousand dollars.
For the transportation of officers and men of the volun- Transporta-
.,. . , .1. 1 , . T tion.
teer militia, when on military duty, a sum not exceeding
nineteen thousand dollars.
For incidental and contingent expenses in the adjutant Expenses.
general's department, a sum not exceeding thirty-tive
hundred dollars.
For rent of brigade and battalion headquarters and com- Rent of
pany armories, a sum not exceeding thirty-eight thousand ^^"^*'"®^'
dollars.
For quartermasters' supplies, a sum not exceeding ten Quartermas-
-i ii' o tgpg> supplies.
thousand dollars.
For incidental and contingent expenses in the quarter- Expenses.
master general's department, a sum not exceeding iBve
thousand dollars.
For grading and caring for the camp ground at Fram- camp ground.
ingham, a sum not exceeding one thousand dollars.
For expenses in connection with military accounts not ^^^^^^^^J'g
otherwise provided for, a sum not exceeding four thousand "
dollars.
For heatinof, liohtino:, furnishino; and carins^ for the care, etc., of
Co C' o^^ c3 armories.
armories recently erected m certain cities of the Common-
wealth for the use of the volunteer militia, a sum not
exceeding twenty-eight thousand dollars.
For services of janitors of certain armoties, a sum not Janitors.
exceeding seven thousand dollars.
For allowance and repair of clothing of the volunteer Clothing.
militia, a sum not exceeding nine thousand dollars.
For expenses in connection with the rifle practice of Rifle practice.
the volunteer militia, a sum not exceeding twenty thou-
sand dollars.
56
Acts, 1903. — Chap. 86.
Care, etc., of
U. S. steamer
Inca.
Care, etc., of
property.
Annual report.
Surgeon
general.
Medical
supplies, etc.
Examination
of recruits.
Sale of grass
at camp
ground, etc.
For furnishing, repairing and caring for the United
States steamer Inca, a sum not exceeding twelve hundred
dollars.
For allowance to officers of the militia for care and
responsibility of property, a sum not exceeding fifty-one
hundred and fifty dollars.
For printing and binding the annual re})ort of the adju-
tant general, a sum not exceeding eleven hundred dollars.
For the salary of the surgeon general, twelve hundred
dollars.
For medical supplies for the use of the volunteer militia,
and for incidental and contingent expenses of the surgeon
general, a sum not exceeding twenty-three hundred and
seventy-five dollars.
For expenses in connection with the examination of
recruits for the militia, a sum not exceeding twenty-six
hundred dollars.
Any sums of money received under the provisions of
section one hundred and two of chapter sixteen of the
Revised Laws, and from the sale of grass at the camp
ground at Framingham during the year nineteen hundred
and- three, may be expended by the quartermaster general
during the present year, under the direction of the gov-
ernor and council, for the construction and repau' of
buildings and other structures.
Section 2. This act shall take effect upon its passage.
Apjiroved February 13, 1903.
(JJld't). 86 ^ ^^"^ MAKING APPROPRIATIONS FOR THE SUPPORT OF THE WEST-
BOROUGH INSANE HOSPITAL.
Appropria-
tions.
Westborough
insane
hospital.
Be it enacted, etc., as foUoivs :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the support of the Westborough insane hospital,
the sum of forty-one thousand two hundred thirty-one
dollars and eighty-six cents, 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 hun-
dred and twenty-eight of chapter eighty-seven of the
Revised Laws, the same to include printing and binding
Acts, 1903. — Chaps. 87, 88. 57
the annual report, 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
ma}'' be used for that purpose.
For current expenses at said institution, in addition to Expenses.
the appropriation for state patients and to the receipts, a
sum not exceeding ten thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1 908.
Chajp. 87
An Act making apphopuiations for salaries and expenses
at the state farm.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasmy of the Commonwealth '^^"®'
from the ordinary revenue, for the state farm, for the
year ending on the thirt^^-first day of December, nineteen
hundred and three, to wit : —
For salaries, wages and labor, a sum not exceeding state farm,
forty-eight thousand dollars. ''''^''''' "^•
For other current expenses, including the printing and Expenses.
binding of the annual report of said institution, a sum not
exceeding one hundred and thirty-one thousand two hun-
dred dollars.
Section 2. This act shall take eftect upon its passage.
Approved February 13, 1903.
^'^^^'^' Chap. 88
An Act making appropriations for salaries and expenses
at the state hospital.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasury of the Commonwealth *^°"®"
from the ordinary revenue, for the state hospital, for the
year ending on the thirty-first day of December, nineteen
hundred and three, to wit : —
For salaries, wages and labor, a sum not exceeding state hospital,
forty-seven thousand two hundred and sixty dollars. saanes. ec.
For other current expenses, a sum not exceeding one Expenses.
hundred and fifty-five thousand dollars.
For printing and binding the annual report of said Annual report.
hospital, a sum not exceeding four hundred dollars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
58
Acts, 1903. — Chap. 89.
(Jliai). 89 -^^ -^CT MAKING APPUOPKIATIONS KOK SUNDRY AGRICULTURAL
EXPENSES.
Be it enacted, etc., as follotvs :
Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinarj^ revenue, for the purposes specified, for
the year ending on the thirt}^ -first day of December, nine-
teen hundred and tliree, to wit : —
For the salary of the secretary of the state board of
agriculture and executive officer of the state dairy bureau,
tliree thousand dollars.
For the salary of the fii'st clerk of the secretary of the
state board of ao-riculture, eighteen hundred dollars.
For the salary of the second clerk of the secretary of
the state board of agriculture, fourteen hundred dollars.
For other clerical assistance in the office of the secretary
of the state board of agriculture, and for lectures before
the board at its annual and other meetings, a sum not ex-
ceeding six hundred dollars.
For travelling and other necessary expenses of the
members of the state board of agriculture, a sum not
exceeding fifteen hundred dollars.
For incidental and contingent expenses of the state
board of agriculture, a sum not exceeding eight hundred
dollars.
For travelling and other necessary expenses of the sec-
retary of the state board of agriculture, a sum not exceed-
ing five hundred dollars.
For disseminating \iseful information in agriculture by
means of lectures at farmers' institutes, a sum not exceed-
ing twenty-two hundred dollars.
For bounties to agricultural societies, a sum not exceed-
Ino; nineteen thousand eio:ht hundred dollars.
For the salary of the agent of the dairy bureau, twelve
hundred dollars.
For assistants, experts, chemists and agents, and for
other necessary expenses of the state dairy bureau, to in-
clude the printing and binding of the annual report, a sum
not exceeding seven thousand dollars.
For expenses in connection with the protection of trees
and shrubs from injurious insects and diseases, a sum not
exceeding one thousand dollars.
Appropria-
tions.
Board of
a,^riculture,
secretary, etc.
First clerli.
Second clerk.
Clerical
assistance, etc.
Travelling
expenses, etc.
Incidental
expenses, etc.
Expenses of
secretary.
Fanners'
institutes.
Bounties.
Agent of
dairy bureau.
Experts,
chemists, etc.
Protection of
trees, etc.
Acts, 1903. — Chap. 90. 59
For printing and binding tiie annual report of the state Annual report.
board of agriculture, a sum not exceeding fifty-two hun-
dred dollars.
For printing and binding the annual report of the trus- Annual report
tees of the Massachusetts Agricultural College, a sum not Massachusetts
exceeding eleven hundred and fifty dollars. Coiiege"^*^^
Section 2. This act shall take eft'ect upon its passage.
Approced Februm-y 13, 1903.
Chap. 90
An Act making APPROPPaATiONs for sundry charitable
EXPENSES.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter mentioned are appro- Appropria-
priated, to be paid out of the treasur}^ of the Commonwealth ^^^^^'
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and thi'ee, to wit : —
STATE BOARD OF CHARITY.
For expenses of the state board of charity, including state board
travelling and other necessary expenses of members, and ^^ ^^larity.
salaries and expenses in the board's central office, a sum
not exceeding seventy-eight hundred dollars.
For salaries and expenses in the division of state adult Aduitpoor.
poor, a sum not exceeding thirty-nine thousand five hun-
dred dollars.
For salaries and expenses in the division of state minor Minor wards.
wards, a sum not exceeding forty-three 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 the Transpoi-ta-
state board of charity, including transportation of prison- paSpers.*^*^
ers released on probation from the state farm, and travel-
ling and other expenses of probation visitors, a sum not
exceeding twelve thousand dollars.
For the care and maintenance of indigent and neglected ^e^ifct^d^'^^
children and juvenile ofl:enders, for the present year and chSdren, etc.
for previous years, to include expenses in connection with
60
Acts, 1903. — Chap. 91.
Dangerous
diBCiises.
Instruction
of certain
children.
Sick state
paupei'8.
Burial of
state paupers.
Temporary
aid.
Unsettled
pauper infants.
Annual report.
the same, a sum not exceeding two hundred thousand
dollars.
For expenses in connection with smallpox and other
diseases dangerous to the public health, for the present
year and for previous years, a sum not exceeding fifty
thousand dollars.
For instruction in the public schools in any city or
town in the Commonwealth, including transportation to
and from said schools, of children boarded or bound out
by the state board of charity, for the present year and for
previous years, a sum not exceeding twenty-three thou-
sand dollars.
For the support of sick state paupers by cities and
towns, for the present year and for previous years, the
same to include cases of wife settlement, a sum not ex-
ceeding sixty thousand dollars.
For the burial of state paupers by cities and towns, for
the present year and for previous years, a sum not ex-
ceeding eight thousand dollars.
For temporary aid furnished by cities and towns to
state paupers and shipwrecked seamen, for the present
year and for previous years, a sum not exceeding thu-ty
thousand dollars.
For the support and transportation of unsettled pauper
infants in this Commonwealth, includino- infants in infant
asylums, a sum not exceeding fifty-tlii'ee thousand dollars.
For printing and binding the annual report of the state
board of charity, a sum not exceeding two thousand
dollars.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
ClldV' 91 ^^ ^^^ MAKING APPROPRIATIONS FOR THE MASSACHUSETTS HOS-
PITAL FOR EPILEPTICS.
Appropria-
tions.
Massachusetts
hospital for
epileptics.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the purposes specified, for
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the support of the Massachusetts hospital for epilep-
tics, the sum of twelve thousand five hundred seventy-nine
dollars and forty-three cents, said sum being based upon
Acts, 1903. — Chaps. 92, 93. 61
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.
For current expenses, in addition to the appropriation Expenses.
for state patients and to the receipts of said hospital, to
include the cost of printing and binding the annual report,
a sum not exceeding twenty-nine thousand dollars.
Section 2. The act shall take eifect upon its passage.
Approved February 13, 1903.
An Act to authobize the Massachusetts hospital life in- f^jf^nfy 99
SURANCE COMPANY TO HOLD ADDITIONAL REAL ESTATE.
Be it enacted, etc., as foUoios :
Section 1 . The Massachusetts Hospital Life Insurance The aiaesachu.
Company, incorporated by chapter one hundred and eighty iff I insurance
of the acts of the year eighteen hundred and seventeen, is ^ay^hoM
hereby authorized to purchase and hold real estate in the rea/estate.
city of Boston to an amount not exceeding four million
dollars.
Section 2. The funds and deposits of the said com- Notiiabieto
pany which may be invested in taxable real estate shall taxation.
not be liable to additional taxation under the provisions
of section twenty-two of chapter fourteen of the Revised
Laws.
Section 3. This act shall take eflect upon its passage.
AjJj^roved February 13, 1903.
Chap. 93
An Act to authorize the north adams gas light company
TO do BUSINESS IN THE TOWN OF CLARKSBURG.
Be it enacted, etc., as foUoivs :
Section 1. The North Adams Gas Light Company is The North
hereby authorized, upon the approval of the board of LigMCom-
selectmen of the town of Clarksburg and of the board of EuBin^s m °
gas and electric light commissioners, to carry on the busi- ciarksburg.
ness of furnishing gas and electricity for heat, light and
power in the town of Clarksburg ; with all the rights,
powers and privileges, and subject to all the duties and
62
Acts, 1903. — Chap. 94.
liabilities set forth in all general laws now or hereafter in
force applicable to such corporations.
Section 2. This act shall take effect upon its passage.
Approved February 13, 1903.
Ghav 94 ^^^ ^^^ making appropriations for sundry educational
EXPENSES.
a ppropria-
tious.
State board
of education,
secretary.
Clerical and
messenger
service.
Agents.
Expenses.
Expenses of
members of
board.
State normal
schools.
State normal
art school.
Be it enacted, etc., as follows:
Section 1. The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, except as otherwise
provided herein, for the year ending on the thirty-first
day of December, nineteen hundred and three, to wit : —
For the salary and expenses of the secretary of the state
board of education, forty-five hundred dollars, to be paid
out of the moiet}^ of the income of the Massachusetts
School Fund applicable to edvicational pm'poses.
For clerical and messenger service for the state board
of education, a sum not exceeding twenty -three hundred
dollars.
For salaries and expenses of agents of the state board
of education, a sum not exceeding sixteen thousand three
hundred dollars.
For incidental and contingent expenses of the state
board of education and of the secretary thereof, a sum not
exceeding two thousand dollars.
For travelling and other expenses of the members of
the state board of education, a sum not exceeding one
thousand dollars.
For the support of state normal schools, including the
employment of accountants, and certain other expenses
of the boarding houses at the said schools, a sum not ex-
ceeding two hundred sixty-seven thousand and seventy
dollars, to be paid out of the moiety of the income of the
Massachusetts School Fund applicable to educational pur-
poses, the deficiency, if any, to be paid from the treasury
of the Commonwealth.
For the support of the state normal art school, a sum
not exceeding twenty-eight thousand seven hundred and
six dollars, to be paid out of tjie 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.
Acts, 1903. — Chap. 95. , 63
For the expenses of teachers' institutes, a sum not ex- Teachers'
ceeding two thousand dollars, to be paid out of the moiet}^
of the income of the Massachusetts School Fund applicable
to educational piu*poses.
For the Massachusetts Teachers' Association, the sum Massachusetts
of three hundred dollars, to be paid out of the moiety of Association.
the income of the Massachusetts School Fund applicable
to educational purposes, subject to the approval of the
state board of education .
For expenses of county teachers' associations, a sum county _
not exceeding three hundred and twenty-five dollars, to associations.
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 Bulges county
n ,• n, 1 11 Educational
sum 01 nity dollars. Association.
For aid to pupils in state normal schools, a sum not Aidtopupiis
^- J. A Tin 11 • • 1 in state normal
exceeding lour thousand dollars, payable in semi-annual schools.
instalments, to be expended under the dh'ection of the
state board of education.
To enable small towns to provide themselves with school super-
i . mtencleuts m
school superintendents, a sum not exceeding nmety-six smaii towns.
thousand two hundred and fifty dollars.
For the education of deaf pupils of the Commonwealth fg^aTpupiis"*
in the schools designated by law, a sum not exceeding
seventy-two thousand dollars.
For school reg-isters and other school blanks for the school biank-s.
towns and cities of the Commonwealth, a sum not exceed-
ing twelve hundred dollars.
For printing and binding the annual report of the state Annual report.
board of education, a sum not exceeding three thousand
dollars.
Section 2. This act shall take effect upon its passage.
Ap2)rovecl February 13^ 1903.
Chcqj. 95
An Act relative to retikixg shares in co-operative banks.
Be it enacted, etc., as follows :
Section 1. Section nine of chapter one hundred and ^^^^^^ j^^' ^ ^'
fourteen of the Revised Laws is hereby amended by insert-
ing after the word ' ' them ", in the eleventh line, the words :
— and approved by the board of commissioners of savings
banks, — and by striking out all after the word "with-
drawal", in the thirteenth line, and inserting in place
thereof the following : — of the same, and the shares to be
64
Acts, 1903. — Chap. 95.
R. L. 114, § 9,
amended.
Withdrawal
of shares iu
co-operative
batiks.
Unpledged
shares may
be retired, etc.
Commissioners
of savings
banks may
retired shall be determined hy lot, and the holders thereof
shall be paid the full value of their shares, less all fines
and a proprotionate part of any unadjusted loss. AVhen-
ever shares are retired between the dates of adjustment of
profits, interest shall be paid upon the full value of the
shares for all full months from the date of the preceding
adjustment to the date of retirement, at the rate at which
profits were distributed at said adjustment. Shares pledged
for share loans shall be treated as unpledged shares.
The board of commissioners of savings banks, whenever
in its judgment it is necessary for the Avelfare of the share-
holders in any co-operative bank, may order the retirement
of shares in any series after five years from the date of
issue, and it shall be the duty of the board of directors,
in the manner hereinbefore provided, to comply with the
order of said board, — so as to read as follows: — Sec-
tion 9. A member may withdraw his unpledged shares,
after giving thirty days' notice of his intention so to do,
written in a book held and provided by the corporation
for such purpose. Upon such withdrawal such shareholder
shall be paid the balance remaining after deducting from
the amount then standing to the credit of the shares all
fines, a proportionate part of any unadjusted loss, and
such proportion of the profits previousl}^ credited to the
shares as the by-laws may provide ; but at no time shall
more than one half of the funds in the treasury be appli-
cable to the demands of withdrawing members without the
consent of the directors. The directors may, under rules
made by them and approved by the board of commis-
sioners of savings banks, retire the unpledged shares of
any series after four years from the date of their issue, by
enforcing the withdrawal of the same, and the shares to
be retired shall be determined by lot, and the holders
thereof shall be paid the full value of their shares, less all
fines and a proportionate part of any unadjusted loss.
Whenever shares are retired between the dates of adjust-
ment of profits, interest shall be paid upon the full value
of the shares for all full months from the date of the pre-
ceding adjustment to the date of retirement, at the rate at
which profits were distributed at said adjustment. Shares
pledged for share loans shall be treated as unpledged
shares.
The board of commissioners of savings banks, whenever
in its judgment it is necessary for the welfare of the share-
Acts, 1903. — Chap. 96. 65
holders in anj^ co-operative bank, may order the retire- order the
. /. 1 . . ,'L n c J 1 1 J retirement of
ment oi snares in any series alter five years troni the date certain shares.
of issue, and it shall be the duty of the board of directors,
in the manner hereinbefore provided, to conn)ly witii the
order of said board.
Section 2. Section ten of said cha})ter is liereby r. l. lu. § lo,
amended by striking out the ^vords " or if shares are re- ''^™^"''''*^-
tired between said dates ", in the eighth and ninth lines,
so as to read as follows: — Hedioii 10. AVhen each ^*{;'J.^;f "^
unpledged share of a given series reaches the value of two shares.
hundred dollars, all payments of dues thereon shall cease,
and the holder thereof shall be ])aid out of the funds of
the corporation t\\'0 hundred dollars ; but at no time shall
more than one half of the funds in the treasury be appli-
cable to the payment of such matured shares without the
consent of the directors. If an}^ series of shares, pledged
or unpledged, reaches maturity between the dates of
adjustment of profits, the holders of such shares shall, in
addition to the value thereof, receive interest for all full
months from the date of the preceding adjustment to the
time of })ayment, at the rate at which profits were dis-
tributed at said adjustment ; but before the payment of
matured shares all arrears and fines shall be deducted.
Section 3. This act shall take eft'ect upon its passage.
Approved February 16, 1903.
An Act kelative to the appointment of coNSEKVAToifs of the /^/i/y >i 9(5
PKOPERTY OF MARRIED PERSONS.
Be it enacted, et<%, as folio ivs :
Section 1 . Section forty of chapter one hundred and ameiidtd.^ *"'
forty-five of the Revised Laws is hereby amended by
inserting after the word ' ' or ", in the third line, the words :
— upon the petition, — and by adding at the end thereof
the words : — But a conservator of the i)roperty of a
married person shall not be appointed or discharged with-
out such notice as the court may order to the husband or
wife of such person, — so as to read as follows : — Sec- coneervjitors
tion 40. If a person by reason of advanced age or mental of ageii*"^^
weakness is unable to properly care for his property the ^ppXtmint',
probate court of the county in which he resides may, upon ^^*^-
his petition or upon the petition of one or more of his
friends, appoint a conservator of his property. Upon the
filing of such petition, the court shall appoint a time and
C3Cl
Acts, 1903. — Chap. 97.
place for a hearing, and shall cause at least fourteen days'
notice tliereof to be giA'en to the person for whom a con-
servator is to be appointed if he is not the petitioner. If
at the hearing it ai)})ears that such person is incapable of
properly caring for his property a conservator shall be
appointed who shall have the charge and management of
such pr()})erty subject to the direction of the court. 8uch
conservator may be discharged by the probate court upon
the application of the ward, or otherwise, when it appears
that the conservatorship is no longer necessary. But a
conservator of the property of a married person shall not
be appointed or discharged without such notice as the
court may order to the husband or wife of such person.
Section 2. This act shall take effect u})on its i)assage.
Approved February 16, 1903.
Chap. 97
K. L.157, §24,
aiucnded.
Sittings of
KUperiov court
for county of
Middlesex.
When to take
eflEect.
An Act to establish the sittincjs of the superior court for
CRIMINAL business FOR THE COUNTY OF MIDDLESEX.
Be it enacted, etc., as follows :
Section 1. The paragraph of section twenty-four of
chapter one hundred and fifty-seven of the Revised Laws
relative to sittings of the superior court for the county of
Middlesex, being lines thirty-one to thirty-five of said sec-
tion, both inclusive, is hereby amended by striking out
tlie thirty-foiu'th and thirty-fifth lines of said section, and
inserting in place thereof the words : — first Mondays of
June and December in each year, and at Lowell, on the
first Monday of March and on the Tuesday after the first
Monday of September in each year, — so that the para-
graph as amended will read as follows : — For the county
of Middlesex, for civil business, at Ix)well, on the first
Mondays of April and October, and at Cambridge, on the
first Monday of January ; for criminal business, at Cum-
bridge, on the first Mondays of June and December in
each year, and at Lowell, on the first Monday of March
and on the Tuesday after the first Monday of September
in each year.
Section 2. This act shall take effect on the first day
of June in the year nineteen hundred and three.
J.pproved February 16, 1903,
Acts, 1903. — Chap. 98. 67
An Act to incorporate the charles b. haven home for aged nj^ffyi Qft
MEN IN PEABODY.
Be it enacted^ etc, as folloivs :
Section 1 . Lyman Osborn, Charles W . Merrill, Frank- ^ia'^'e'rH^onie
lin Osborn, Samuel I). I^ord and Charles S. Goldthwait, for Aped Men
... Ill '° Peabodv
their associates and successors, are hereby made a corpora- incorporated.
tion by the name of the Charles B. Haven Home for Aged
Men in Peabody, for the pur})ose of establishing a home
for aged men in the town of Peabody ; 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. Said cor})oration may, for the purpose Mav hold real
aforesaid, hold real and personal estate to an amount not estate!''^^""^
exceeding- in value one hundred thousand dollars.
Section 3. Charles W. jNIerrill and Charles M. Ben- certain estate
nett, executors of the will of Almina jNI. Haven of Peabod}^ veyed to ior-
which will was duly allowed by the probate court for the i'°^**^°"' ^''*^'
county of Essex, arc hereby authorized to convey to said
corporation after it is organized the estate, real and })er-
sonal, devised by the said Almina M. Haven to certain
trustees mentioned in said will, who were to constitute a
board of trustees for the purpose of organizing and estab-
lishing the said Charles B. Haren Home for Aged Men,
and said estate shall be held by said corporation upon the
same terms and conditions as the estate devised to said
trustees by said will.
Section 4. Vacancies occurring for any cause in the vacancies in
membership of said corporation shall be filled as follows : — etc.
In case said Franklin Osborn shall at any time cease to be
the chairman of the standing committee of the Old South
Congregational parish in said Peabody, then his successor
in said chairmanship shall be a member of said corporation
in his stead ; should the said Samuel D. Lord at any time
cease to be the chairman of the standing committee of the
L^nitarian parish of said Peabody, then his successor in said
chairmanship shall be a member of said corporation in his
stead ; and should the said Charles S. Goldthwait at any
time cease to be the chairman of the standing committee
of the First Universalist parish of said Peabody, then his
successor in said chairmanship shall be a member of said
corporation in his stead. The chairmen of the standing
6S
Acts, 1903. — Chap. 99.
Certificate of
fhanffc ill
meiiibersiiip
to be tiled.
committees of said Old South Congregational parish, the
Unitarian })arisli and the First llniversalist parish of said
Peabody, and their successors in office, shall forever con-
stitute three of the five members of said cori)oration.
Should the said Lyman Osborn or the said Charles W.
Merrill die, or for any otlicr reason cease to be a member
of said cor[)oration, the vacancy thereby caused shall be
filled by vote taken by ballot of the remaining members
of said c()ri)oration. If at any time there should cease to
be a standing committee of any of said churches, or sliould
the chairman thereof decline to serve, then the vacancy
thus created shall be filled by vote taken by ballot of the
remaining members of said corporation.
Section 5. In case of a change in the membership of
said corporation by election or otherwise under the i)ro-
visions of this act, the clerk of the cor})oration shall make
and file in the registry of deeds for the southern district
of P]ssex county a certificate of such change, and the reg-
ister shall thereupon record said certificate.
Section 6. This act shall take effect upon its passage.
Approved February 19, 1903.
Clmp. 99
Apiiropria-
tious.
Trustrcfi of
Lyman and
industrial
5('llOOl8,
expenses.
District police,
expenses.
Steamer
Lexington,
expenses.
Blank forms to
town ollicers.
Registration
books, etc.
Ax Act makin(^ ArpnopuiATioxs fok deficiencies in APruopuiA-
TIONS FOK CERTAIN EXPENSES AUTHORIZED IN THE YEAR NINE-
TEEN HUNDRED AND TWO.
lie it enacted, etc., as follows :
Section 1. The sums hereinafter mentioned are ap-
pro[)riated, to be paid out of the treasury of the Common-
wealth from the ordinary revenue, for certain expenses in
excess of the a})propriations therefor in the year nineteen
hundred and two, to wit : —
For expenses of the trustees of the Lyman and indus-
trial schools, the sum of one hundred fifty-two dollars
and thirty-six cents.
For contingent and incidental exi)enses of the district
police, the sum of sevent3^-nine dollars and ninety-eight
cents.
For expenses of the steamer Lexington, two hundred
eighty-three dollars and thirteen cents.
For blank forms furnished to town officei's b}' the secre-
tary of the Commonwealth, the sum of seventy-nine dollars
and fifty-seven cents.
For registration books and blanks, the sum of twenty-
six dollars and twenty-two cents.
Acts, 1903. — Chap. 99. 69
For printino^ and bindino- public documents, the sum Public
of twenty-three hundred seventy-one dollars and fifty-two
cents.
For fuel and lights at the state house, the sum of seven state house,
hundred fifty-eight dollars and ninetj^-seven cents.
For new furniture and fixtures at the state house, the Furniture, etc.
sum of seven hundred twenty-two dollars and fifty-five
cents.
For expenses of state armories, the sum of fourteen state armories,
hundred fifty-nine dollars and eighty -two cents.
For expenses in connection with the rifle practice of the Miiitia,
volunteer militia, the sum of thirteen hundred eighty-five
dollars and twenty-four cents.
For the comiiensation of officers and men of the volun- Miiitia,
• i.., ., 1 111 1 I'Ouil'eneatiou.
teer militia, the sum ot five thousand one hundred and
fourteen dollars.
For incidental and contingent expenses in the oflice of eraiflxplnses.
the surgeon general, the sum of .seventv-one dollars.
For rent and other expenses of the railroad commis- rvuihoaa
sioners, the .sum of six hundred thirty-nine dollars and ers, expenses.
t we n ty-f our cents.
For travellino- and other exiienses of the railroad in- Railroad
1 " . Ill 1 11 inspectors,
spectors, the sum ot one hundred seventy-seven dollars expenses.
and thirty -two cents.
For travelling, incidental and contingent expenses of f.llll^^ll^^^^^^l^'^
the state board of conciliation and arbitration, the sum of andarbitra-
iiii- -1111 1 1 i tion, expenses.
eleven hundred thirty-eight dollars and seventeen cents.
For travellino- and other necessarv expenses of the board ^^o-'irci of
o _ . _ 1 1 1 /» registration
of reoist ration in dentistrv, the sum of one hundred forty- in dentistry,
~ ' 1 • /• *^ expenses.
SIX dollars and ninety-iive cents.
For incidental exiienses of the state board of agriculture, Board of
I 11. agriculture,
the sum of fort\'-five dollars and thirteen cents. incidental
* ,1 1 1 ,• i 1 1 ,• • expenses.
lor expense ot lectures beiore the state hoard ot agri- Lectures.
culture, the sum of four hundred seventy-four dollars and
fifty cents.
For travellino- expenses of the members of the state Members'
o i. ti*H veil ill""
board of agriculture, the sum of fifty-one dollars and expenses'!
thirty-one cents.
For travelling^ expens(>s of tht> trustees of the Massa- Trustees of
chusetts Agricultural (\)llege, the sum of two hundred xVgricuiturai
forty-four dollars and thirty cents. expenses.
For expenses in the ofiice of the state fire marshal, forty- state iire
T ^, -, . . . . marshal, oflice
SIX dollars and sixty-six cents. expenses.
For current expenses at the state industrial school for industrial
girls, the sum of seventy -five dollars and forty-nine cents. Ixp'^use's.^^'^'''
70
Acts, 1903. — Chap. 100.
state farm,
expeiisi'8.
Maintenanre,
etc., of
imligeut nml
neglected
cliilrtreu.
Deputy sealer
of weights
aud meaeuree,
exjienses.
For current expenses at the state farm, the sum of four
thousand live hundred eighty-eight dollars and ten cents.
For the care and maintenance of indigent and neglected
children, the sum of two thousand six hundred seventy-
four dollars and thirteen cents.
For expenses of the deputy sealer of weights and meas-
ures, the sum of one hundred sixt^'-six dollars and twenty-
nine cents.
Section 2. This act shall take ett'ect upon its passage.
Approved February 21, 1903.
CJlClV.l-OO -^^ ■^'^'^ RELATIVE TO DAMAGES FOR INJURIES CAUSED BY DOGS TO
DOMESTIC ANIMALS.
Be it enacted,, etc., as foUo^vs :
Section 1. Section one hundred and fifty-one of
R. L. 10'2, § 151
amended.
chapter one hundred and two of the Revised Laws is
hereby amended by striking out the words "two disin-
terested persons, who, with himself", in the thirteenth
line, and inserting in place thereof the words : — one dis-
interested person, and the person damaged shall appoint
one disinterested person, who, with the said officer or
chairman, — and by striking out the words "for all or
any part thereof", in the twenty-seventh line, and insert-
ing in place thereof the words : — for such amount, if
any, as they decide to be just, — so as to read as follows :
Payment of — SecJion 161. Wliocver suflers loss by the worrying,
injuries caused maiming or killing of his shec}), lambs, fowls or other
domefttc ' domestic animals by dogs, outside the enclosure of the
animals. owucrs or kccpcrs of such dogs, may, if the damage is
done in a city, inform the offi(!er of police of said city
who shall be designated to receive such information by
the authority appointing the police, and, if the damage is
done in a town, may inform the chairman of the select-
men of the town wherein the damage was done, wlio shall
pro<H'ed to the premises where the damage was done and
determine whether the same was inflicted by dogs, and
if so, api)raise the amount thereof if it does not exceed
twenty dollars. If in the opinion of said officer of police
or chairman the amount of said damage exceeds twenty
dollars, he shall appoint one disinterested person, and the
person damaged shall a]:)point one disinterested person,
who, with the said officer or chairman, shall appraise imder
' oath the amount thereof. The said ai)praisers shall also
Acts, 1903. — Chap. 101. 71
consider and include in such damao-es the labor and time Payment of
. o aiimages foi'
necessarily expended in the findino; and collectino- of the iujiuies caused
sheep, lambs, fowls or other domestic animals so injured domestic
or separated and the value of those lost or otherwise dam-
aged by dogs. The said officer of police or chairman
shall return a certificate of the damages found, except in
the county, of Suffolk, to the treasurer of the county in
which the damage is done, within ten days after such ap-
praisal is made. The treasurer shall thereupon submit
the same to the county commissioners, who, within thirty
days, shall examine all such bills, and if any doubt exists,
may summon the apju'aisers and all parties interested and
make such examination as they may think proper, and
shall issue an order upon the treasurer of the county in
which the damage was done for such amount, if any, as
they decide to be just. The treasurer shall pay all orders
drawn upon him for the above purpose in full on or after
the first day of July in each year if the amount in his v
hands standino- to the credit of the doo- fund is sufficient
therefor ; otherwise, he shall pay such amount pro rata
upon such orders in full discharge thereof on demand.
The a})praisers shall receive from the county, or in the
county of Suffolk, from the city or town treasurer, out of
the money received under the provisions of this chapter
relating to dogs, one dollar each for every such examina-
tion made by them ; and the officer or the chairman of
selectmen acting in the case shall receive twenty cents a
mile one way for his necessary travel.
Section 2. This act shall take effect upon its passage.
Approved Febrtiary 25, 1903.
An Act to authorize the town of easthampton to extend /^t 1ai
its system of sewage disposal and to incur indebtedness
therefor.
Be it enacted, etc., as follrnvs :
Section 1. The board of sewer commissioners of the Town of
town of Easthampton, acting for the town, shall have may make*''"
power, in addition to the powers specified in chapter etilfi'u system '
seventy-one of the acts of the year eighteen hundred and ot^sewerage,
ninety-three, to make any alteration, extension or im-
provement of the system of sewerage and sewage disposal
which has been adopted by the to>vn :' j>>'ovided, that the Proviso,
same meets the approval of said town and of the state
72
Acts, 190:5.
Chap. 102.
May take
lands, etc.
May Incur
iii(rel)tediie88,
Issue bonds,
etc.
R. L. 27, etc.
to apply.
board of health. Said board of sewer commissioners shall
have power to take by purchase or otherwise any lands,
rights of way, casements or other real estate necessary for
the establishment and construction of the system of sewer-
age and sewage disposal adopted by the town, or of any
extension, alteration or improvement thereof.
Section 2. For the purposes named in the foregoing
section, including the })aynient of all damages for the
taking of land, rights of wa}^ or easements for the said
purposes, the town of Easthampton may incur indebted-
ness to an amount not exceeding one hundred thousand
dollars beyond the limit of indel)tedness fixed by law, and
may from time to time issue bonds, notes or scrip there-
for, payable in periods not exceeding twenty years from
the date of issue. Securities so issued shall bear interest
at a rate not exceeding four per cent per annum, and shall
be signed by the treasurer and countersigned by the select-
men of the town. Except as otherwise provided herein
the provisions of chapter twenty-seven of the Revised
Laws and acts in amendment thereof and in addition
thereto shall apply to the indebtedness herein authorized
and to the securities issued therefor.
Section 3. This act shall take etfect upon its passage.
Aj^proved February 25, 1908.
R; L. 19, etc.,
extended to
Milton.
(7//«79.102 ^^ ^^*""'^ '^'^ EXTEND THE PKOVISIONS OF THE CIVIL SERVICE ACT
TO THE TOWN OF MILTON.
Be it enacted, etc., as foUoivs :
Section 1. The provisions of chapter nineteen of the
Revised Laws entitled, "Of the Civil Service", and all
acts in amendment thereof and in addition thereto, and
the civil service rules established tluTcunder, are hereb}^
extended and made applicable to the following named
offices in the town of Milton, to Avit : —
Heads of principal departments not elected by the
voters, chief superintendents of dei)artments, clerks and
confidential stenographers of the selectmen, and all ofiices
in the jmblic service classified in and included by said
civil service rules in the division designated as the
" oflicial service."
Section 2. Every person holding an office in the town
of Miltoli, enumerated in section one, shall continue to
hold such office until resignation or removal.
onicea
affected.
Terms of
certain
otHcera.
Acts, 1903. — Chap. 103. 73
Section 3. This act shall take effect upon its accept- ^^^°^*'**'^^
ance by a majority vote of the voters of said town present
and voting- thereon by ballot at a town meeting duly called
for the purpose within two years after its passage ; but
only one such meeting shall be called.
Approved February 25, 1903.
Chcq^.lOS
An Act to authorize the toavn of charlemont to incur in-
debtedness FOR SCHOOL PURPOSES, BEYOND THE LIMIT FIXED
BY LAW.
Be it enacted, etc., as follows:
Section 1 . The town of Charlemont, for the purposes Town of
of erecting and furnishing a high school building, and of mnV iucur
building, altering, repairing and furnishing other buildings yor^8ch<?oT^^
used for school purposes, ma}^ incur indebtedness beyontl i""Po^es.
the limit fixed by law, to an amount not exceeding seven
thousand five hundred dollars.
Section 2. For the purposes aforesaid the town is Town of
authorized to issue from time to time to an amount not s.uooi Loan.
exceeding seven thousand five hundred dollars, negotiable
notes, bonds or scrip, Vhich shall bear on their face the
words, Town of Charlemont School Loan, and shall be pay-
able at periods of not more than thirty years from their
respective dates. Securities so issued shall bear interest
at a rate not exceeding four per cent per annum, and shall
be signed by the treasurer and countersigned by the select-
men of the town. The toAvn 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
conditions as it deems proper : provided, that said securi- Proviso,
ties shall not be sold or pledged for less than the par
value thereof and the accrued interest. Except as other- r. l.. 27, etc.,
wise provided herein the provisions of chapter twenty-
seven of the Revised Laws, and acts in amendment thereof
and in addition thereto, shall apply to the indebtedness
herein authorized and to the securities issued therefor.
Section 3. This act shall take effect upon its passage.
( The forerioing iraft laid, hefore llie Governor on the nine-
teenth day of February, 1903, and after Jive days it had
the force of a lair, as pre.^crihed hy the Constitution, as it
was not returned by him ivith his ohjedions thereto ivitliin
that time.)
to apply.
74
Acts, 1903. — Chaps. 104, 105.
C^a^.104
The Connec-
ticut River
Railroad
Company may
acquire, "et<'.,
stock of the
Vermont
Valley
Railroad,
An Act to autiiohize the coxxecticut river railroad com-
panv to acquire stock oe the vermont vai.lev railroad.
Be it enacted, etc., as foUoics :
Section 1 . The Connecticut River Eailroad Company
is hereby authorized to acquire, by purchase or exchange,
and to hold the shares of the capital stock, or any part
thereof, of the Vermont Valley Railroad, a corporation
duly organized under the laws of the state of Vermont,
and, subject to the approval of the railroad commissioners,
to issue in payment or exchange therefor its own common
capital stock : provided, however, that it shall not for the
purpose aforesaid issue any greater amount of its own
stock at par than the amount at par of capital stock so
acquired.
Section 2. This act shall take effect upon its passage.
Approved February 27, 1903.
Chap.\0^
Town of
Shrewsbury
may supply
itself with
water, ett^^.
May take
certain waters,
lands, etc.
Proviso.
May erect
structures,
lay pipes, etc.
An Act to authorize the town of Shrewsbury to supply
itself with water.
Be it enacted, etc., as follows :
Section 1 . The town of Shrewsbury may supply itself
and its inhabitants with water for the extinguishment of
Hres 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 to be paid therefor.
Section 2. Said town may obtain its water siq3ply by
means of driven, artesian or other wells, or may take by
purchase or otherwise and hold the water of any pond,
stream or spring, or artesian or driven well, within the
limits of the town, and the water rights connected with
any such water sources, and also all lands, rights of way
and easements necessary for holding and preserving the
water and for conveying the same to any part of said
town : provided, that no source of water supply for do-
mestic purposes and no lands necessary for preserving the
quality of sucli water shall he taken without first obtaining
the advice and approval of tiu; state board of health. Said
town may also erect on the land taken or held as aforesaid,
proper dams, buildings, reservoirs, stand pipes, tanks and
other structures, and may make excavations, procm'e and
Acts, 1903. — Chap. 105. 75
operate machinery, and provide such other means and ap-
pliances as may be necessary for the establishment and
maintenance of complete and etfective water works ; and
may construct and lay conduits, pipes and other works
under or on any lands, water courses, railroads, railways
or public or private ways, and along any such ways, in
such manner as not unnecessarily to obstruct the same ;
and for the purpose of constructing, maintaining and re-
pairing such conduits, pipes and other works, and for all
proper purposes of this act, said town may dig up any
such lands or ways in such manner as to cause the least
hindrance to public travel on such ways.
Sectiox .3. Said town shall within ninety days after Description of
the taking of any land, rights of wa}', water rights, Avater by^reVordeci!
sources or easements as aforesaid, otherwise than by pur-
chase, cause to be recorded in the registry of deeds for
the county and district within which such land or other
property is situated a description thereof sufficiently
accurate for identification, with a statement of the pur-
pose for which the same was taken, signed by the water
commissioners hereinafter provided for.
Section 4. Said town shall pay all damages to prop- Damages.
erty sustained by any person or corporation b}' the taking
of any land, right of way, water, water source, water right
or easement, or by any other thing done by said town
under authority of this act. Any person or corporation
sustaining damages as aforesaid, who fails to agree with
said town as to the amount thereof, may have the damages
determined in the manner provided by law in the case of
land taken for highways, on application at any time within
the period of 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 two years, except that no application for
assessment of damages shall be made for the taking of any
water, water right, or for any injury thereto, until the
water is actually withdrawn or diverted by said town
under the authority of this act.
Section 5. Said town may, for the purpose of paying Shrewsbury
the necessary expenses and liabilities incurred under the '^ ^i<^'" i^"*"^-
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 serip sliall bear on their face the
words, Shrewsbury Water Loan, shall be payable at the
76
Acts, 190n
Chap. 105.
T'roviso.
To provide
for aumial
|i!ivmeiit8 ou
loiiii.
Town to raise
a certain siiin
by taxation
annually.
I'enalty for
pollution of
water, etc.
Water com-
missioners,
election,
terms, etc.
expiration of period,^; not exceeding thirty years from the
dates of issue ; shall bear interest payable sonii-anniially
at a rate not exceeding five 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 liorrowed for the purposes of
this act, upon such terms and conditions as it may deem
proper : provided, that such securities shall not be sold or
pledged for less than the i)ar value thereof.
Section (k Said town shall at the time of authorizing
said loan provide for tlie payment thereof in such annual
proportionate payments as will extinguish the same within
the time prescribed in this act ; and when a vote to that
effect has been passed the amount required thereby shall
without further vote be assessed by the assessors of said
town in each year thereafter until the debt incurred by
said town shall be extinguished, in the same manner in
which other taxes are assessed under the provisions of sec-
tion thirty-seven of chapter twelve of the Revised Laws.
Section 7. Said town shall annually raise by taxation
a sum which together with the income derived from the
Avater rates will be sufficient to pay the annual expenses
of operating its water works and the interest as it accrues
on the bonds, notes or scrip issued as aforesaid by said
town, and to make such pajaiients on the principal as may
be required under the provisions of this act.
Section 8. Whoever wilfull}^ or wantonly pollutes 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 the authority and for the pur})oses of
this act, shall forfeit and pay to said town three times the
amount of dama<>es assessed therefor, to be recovered in
an action of tort ; and upon conviction of any of the said
Avilful or wanton acts shall be })unished by a fine not ex-
ceeding three hundred dollars or by imprisonment for a
term not exceeding one year.
Section 9. Said town shall after its accej^tance of this
act, at a town meeting called for the purpose, elect by
ballot three persons to hold oflice, one until the expira-
tion of three years, one until the expiration of two years
and one until the expiration of one year from the next
succeeding annual town meeting, to constitute a board of
water connnissioners ; and at every annual town meeting
Acts, 1903. — Chap. 106. 77
thereafter one w atcr commissioner shall be elected by bal-
lot for a term of three years. All the authority granted
to said town by this act and not otherwise specifically
provided for shall be vested in said board of water com-
missioners, Avho shall be subject however to such instruc-
tions, rules and regulations as said town may impose
by its vote. A majority of said conunissioners shall con- Quorum.
stitute a quorum for the transaction of business. Any vacancy.
vacancy occurring in said board from any cause may be
filled for the remainder of the unexpired term by said
town at any tcnvn meeting called for the purpose.
Section 10. This act shall take effect upon its accept- g^^^" *'' ^^^^^
ance by a two thirds vote of the voters of said town
present and voting thereon by ballot at a legal town
meeting called for the purpose within three years after the
passage of this act ; but it shall become void unless said
town shall begin work thereunder within two years from
the date of the acceptance of this act.
Approved February 27^ 1903.
An Act to autuokizk the town of faikhaven to abate a (J]iap.\{)^
NUISANCE EXISTING THEREIN, AND TO PROVIDE FOU THE TKES-
EUVATION OF THE I'UDLIC HEALTH IN SAID TOWN.
Be it enacted^ etc., as follows :
Section 1. The town of Fairhaven may take by pur- Town of
chase or otherwise and hold any lands in said town, Avith may take, etc.,
the buildings and other fixtures thereon, situated within cta**'° ^^ ^'
the district bounded northerly by Bridge street, thence
easterly by Mulberry street, thence southerly by Chris-
tian street, thence easterly by Green street, thence south-
erly by Spring street, thence westerly by Main street,
and also in the district bounded northerly by Pease street,
thence easterly by Main street, thence southerly by Wash-
ington street, and thence westerly by Middle street. The
town may also take by purchase or otherwise any ponds
and the land or flats under water within said districts, or
either of them, any or all mill privileges therein, any
streams flowing through said districts, or either of them,
or emptying or discharging into any pond in said districts,
and any rights or privileges in said ponds or streams.
Section 2. The toAvn may alter, divert and deepen May alter
. !• 1 1 • 1 location of
the location and flow oi any or all streams acquired as streams, ete.
aforesaid, and may regulate the use of the same, and may'
78
Acts, 1903. — Chap. 106.
Description of
land, etc., to
be filed.
To improve
lands, etc.,
construct
streets, etc.
Damages.
conduct the waters of" any such pond, brook or stream
through pipes or conduits.
Section 8. The town shall, within sixty days after
the time of talking lierrundcr any land, i)ond, flat, mill
privilege, stream or right or privilege therein, file in the
office of the registry of deeds for the southern district
of the county of Bristol a descri])tion of the land or prop-
erty so taken, as certain as is re(|uired in a common con-
veyance of lands, and with a statement that the same is
taken pursuant to the provisions of this act, which descrip-
tion and statement shall be signed by the selectmen of
the town, and the title to all lands, ponds, flats, mill
privileges, streams or rights or })rivilcges therein so taken
shall vest in the town of Fairhaven in fee simple.
Section 4. Said town shall forthwith, after any pur-
chase or taking as aforesaid, fill with suitable material and
otherwise imi)rove any lands, ponds, flats, mill privileges,
streams or rights or privileges in said districts, purchased
or taken as aforesaid, or any part thereof, and shall abate
any nuisance existing therein or arising therefrom. The
town may lay out, widen, extend and construct streets,
and construct sewers and drains therein, and nmy sell and
convey or otherwise dispose of such lands and flats, or any
part thereof, and the proceeds shall be api)lied to the cost
of the work authorized by this act. For the purposes of
this section the town may dredge the Acushnct river, and
may take by purchase or otherwise, in the manner pro-
vided in section one, the island situated in said river
nearly opposite the outlet of the pond within said district,
and commonly called Crow island, and inay o1)struct tem-
l)orarily said river with appliances necessary or i)roi)er
for said dredging or for using said island for said purposes.
The town may establish a grade for said districts, and may
enter upon any land within said districts for the i)ur})ose
of filling the land to said grade. It may, in doing the
work authorized by this act, lay railroad tracks or i)ipes
through any street in said town, and maintain them so
long as may be necessary for transporting earth or other
material for use in the work aforesaid.
Section 5. If any person whose land or other prop-
erty is taken or damaged by an}'^ act done by said town in
pursuance hereof shall agree with said town upon the dam-
age done to him by such taking or act the amount so agreed
upon shall be i)aid to him by said town forthwith. If the
Acts, 1903. — Chap. 106. 79
parties do not so agree then all claims for damage to prop-
erty sustained by any person, whether entitled to any
estate in any land in said districts or not, by any acts of
said town done in pursuance of the provisions of this act,
shall be ascertained, determined and recovered in the
manner now provided by law in the case of land taken
for highways, except as herein otherwise provided. But
in determining the damages sustained by such person the
benefit, if any, to the property of such person by reason
of any act of said town done in pursuance of the provisions
of this act prior to the hearing on the merits of the peti-
tion, shall be set off against such damage. No petition
for damages shall be filed Avithin one 3^ear from the date
of the taking or the date when the damage was sustained,
and upon motion of the town the hearing upon the merits
thereon shall be postponed until the completion of the
work authorized by this act.
Section 6. - Said town in exercising any power granted '^"^^^■^."'^^
b}-^ this act, except as herein otherwise provided, may act committee, etc.
by a committee chosen at a town meeting duly notified,
and said town itself or by said committee may enter into
a contract for the })erformance of the work or any part
thereof authorized by this act.
Section 7. No contract shall be made nor work done no expense
1 , • 1 . •! 'J.1 1 to be incurred,
nor expense incurred by said town or its committee under etc., until
the provisions of this act, involving the town in any fs matle"'^ '""
pecuniary liability, until an appropriation therefor has
been made by the town sufficient to meet such liability.
Section 8. All work done by said town under author- 1-'%'''''" ,^'°^t''
it}'' of tliis act west of ^liddlc street shall be subject to the to approval
approval of the board of harbor and land commissioners, landcommjs-
Section 9. The work authorized by this act shall l)e ^y^°rto,,e
completed within three years after the date when the act conipieted
takes effect, and all })owers granted hereb}^ which have years, etc.
not then been exercised shall thereupon cease and deter-
mine, and thereafter all property in said districts shall be
subject to the general laws applicable thereto.
Section 10. Said town may, for the purpose of i)ay- Fairhavenim-
ing the necessary expenses and liabilities incurred under Loan,
the provisions of this act, issue from time to time bonds,
notes or scrip to an amount not exceeding one hundred
thousand dollars. Such bonds, notes or scrip shall be
denominated on the face thereof, Fairlmven Improvement
Loan, shall be payable at the expiration of periods not
80 Acts, 1903. — Chap. 107.
exceeding twenty year.s from the dates of issue, shall bear
interest i)Hya])l(' semi -annually at a rate not exceeding five
per cent i»er aniiuiu, and sliall be signed by the treasurer
and countersigned by the selectmen of said town. Said
town may sell such securities at public or prixatc sale, or
pledge the same for money borrowed for the })ur})()ses of this
act, upon such terms and conditions as it may determine.
Sinking tund. SECTION 11. Said towii sluill i)rovide at the time of
contracting the loan aforesaid for the establishment of a
sinking fund, and shall annually contribute to such fund a
sum sufficient with the accunmlations thereof to j)ay the
l)rincipal of said loan at matof Main street,
fifty feet westerly from the house of Jerome Wheeler;
thence in a straight line to a stone bound in the line of
the Fitchburg railroad, five hundred feet Avesterly of Slab
City crossing over said railroad ; thence by the northerly
line of said railroad to a hickory tree on laud of Jacob
P. Hazen, fourteen hundred and thirty feet easterly from
said Slab City crossing ; thence in a straight line to the
southwest corner of land of Francis B. White; thence
northerly to land of Charles W. JNIarshall ; thence north,
eighty-six and one-half degrees east, eighty rods and fif-
teen links to the westerly line of Centre street ; thence
northerly by the westerly line of said Centre street, two
hundred and eighty feet ; thence south, four degrees east,
one hundred and two rods and sixteen links to the place
of beginning; shall constitute a water district, and are
hereby made a body corporate, by the name of the Shir-
ley Village Water 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 and to relocate and discontinue
the same, to regulate the use of such water and to fix and
collect rates to be paid therefor, and to take by lease,
88 Acts, 1903. — Chap. 119.
purchase or otherwise and hohl, property, lands, rights
of wa.y and ousements, for the pur[)0ses mentioned in thi^i
act, and to prosecute and defend in all actions relating
to the property and affairs of the district.
Muytake Skction 2. Said watcr district, for the ijiu'poses aforc-
etc. ' said, may take by lease, purchase or otherwise, and hold
the water from certain springs located upon the premises
of the Samson Cordage Works, easterly from the mill
buildings of said corporation, or from such other sources
of su})i)Iy within the limits of said district as may be
ai)pro\ed by the state board of health.
May take cer. SECTION 3. Said district uiav also take by lease, pur-
taiu lands, etc., . -' . , *^ . ^
erect striic- cliasc Or otherwisc, and hold all lands, riohts ot way and
turcs titc.
easements in the town of Shirley necessary for leasing,
taking, holding, storing and improving such water and
for conveying the same to and tlu^ough said Shirley Village
Water District ; and said district may construct on the
lands thus taken or acquired proper dams, wells, build-
ings, fixtures and other structures, and may do such other
^ things as may be necessary for providing and maintain-
ing complete and effective water works ; and for that
purpose may construct, lay and maintain aqueducts,
conduits, pipes and other works, under or over any land,
water courses, railroads, railways and public or other
ways, and along any highway or other way in the town
of Shirley, in such a manner as not to endanger or in any
way unnecessarily obstruct the same ; and for the purpose
of constructing, laying, maintaining and repairing such
aqueducts, conduits, pipes and other Avorks, and for all
other purposes of tliis act, said water district ma}'" dig up,
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 Avays
shall be subject to the direction of the selectmen of said
town.
nescription of SECTION 4. Said Avatcr district shall Avitliin sixty days
lam), etc., to ii.i /. • ^
he recorded, alter taking any land, rights or way, water rights, water
source or easements as aforesaid, otherwise than by lease
or purchase, file and cause to be recorded in the registry
of deeds for the district in which the same are situated,
a descrijition thereof suHiciently accurate for identifica-
tion, Avith a statement of the purpose for Avhich the same
were taken, signed by the water commissioners herein-
after provided for.
Acts, 1903. — Chap. 119, 89
Section 5 . Said water district shall pay all damages Damagea.
to property sustained by any person or corporation by
the taking of any lands, water source or water rights, or
by laying or maintaining any aqueducts or other works
for the purpose aforesaid, or by the doing of an}^ other
act under authority hereof. Any person or corporation
sustaining damages as aforesaid, and unable to agree with
the said district upon the amount thereof, may have them
assessed in the manner provided by law with respect to
land taken for highways. Any person or corporation
whose water rights are thus taken or affected may apply
as aforesaid within one year after the time when the water
is actually withdrawn or diverted, and not thereafter.
Section 6. For the purpose of paying all expenses swriey yniage
and liabilities incurred under the provisions of this act Loau.
said district may from time to time issue bonds, notes or
certificates of debt, signed by the treasurer of the water
district and countersigned by the chairman of the water
commissioners hereinafter provided for, to be denomi-
nated on the face thereof, Shirley Village AYatcr District
Loan, to an amount not exceeding fifty thousand dollars,
payable at periods not exceeding thirty ^^ears from the
dates of issue, and bearing interest payable semi-annually
at a rate not exceeding five per cent per annum. Said
district may sell such securities at public or private sale,
at not less than par, or })ledge the same for money bor-
rowed for the purposes of this act, upon such terms and
conditions as it may deem proper. Said district shall fj^^o^nf*
pay the interest upon the loan as it accrues, and shall
provide for the payment of said principal at maturity by
making such annual proportionate payments as will extin-
guish the same within the time prescribed by this act.
The amounts which may be necessary to make such pay-
ments shall without further vote of said district be raised
annually by taxation in the way hereinafter provided.
Section 7. Said district shall raise by taxation an- District to
nually a sum which with the income derived from the sum by taxa-
sale of water and the payments from the town of Shirley ^^°^ ^^^^^ ^ '
for hydrant service will ])e 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
90
Acts, 1903. — Chap. 119.
Town may
guarautee
jjayinent of
boiids, etc.
Asseesment
and collection
of taxes.
Proviso.
District may
make contracts
for supplying
water, etc.
First meetins
thereof present and voting at a legal meeting called for
the purpose, to raise by taxation any sum of money for
the purpose of enlarging or extending its water works
and providing additional pipes, appliances and fixtures
connected therewith, not exceeding two thousand dollars
in any one year.
Section 8. The town of Shirley may by a two thirds
vote of the legal voters present and voting thereon at a
legal meeting called for the purpose guarantee the paA'-
ment of said bonds, notes or certificates of debt, provided
such meeting is held within one year after the acceptance
of this act by said district.
Skction 9. AVhenever a tax is duly voted by said dis-
trict for the purposes of this act the clerk shall send a
certified copy of the vote to the assessors of the town of
Shirky^ 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 collection of town
taxes, and shall deposit the })roceeds thereof with the
district treasurer for the use and benefit of said district.
Said district may collect overdue interest on taxes in the
same manner in which interest is authorized to be collected
on town taxes : provided, that said district at the time of
voting to raise the tax shall so determine, and shall also
fix a time for the payment thereof.
Section 10. Said district may make such contracts
with individuals, corporations, and the town of Shirley,
for supph'ing water as may be agreed upon, and may fix
and collect rates for the use of such water ; and said dis-
trict may discontinue or shut oft' the water for the non-
payment of such rates and for violation of the terms of any
such contract or agreement.
Section 11. The first meeting of said district shall
be called on petition often or more legal voters therein,
by a warrant from the selectmen of the town of Shirley,
or from a justice 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. One of the selectmen shall preside at
the meetinsr until a clerk is chosen and sworn. After
meeting the question
meeting
the choice of a moderator for said
Acts, 1903. — Chap. 119. 91
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
ettect, and the meeting may then proceed to act on the
other articles contained in the warrant.
Section 12. The Shirley Village Water District shall, water commis-
after its acceptance of this act at a legal meeting called tiou, terms,
for the purpose, elect by ballot three persons to hold
office, one until the expiration of three years, one until
the expiration of two years and one until the expiration
of one vear from the next succeedino- annual district meet-
ing, to constitute a board of water commissioners ; and
at every annual meeting thereafter one such connnissioner
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 lie vested in said
board of water connnissioners, who shall be subject how-
ever to such instructions, rules and regulations as said
district may impose by its vote. Said commissioners
shaW appoint a treasurer of said district who may be one
of their number, who shall give bonds to said district to
an amount and with such sureties as may be approved by
said commissioners ; and a majority of said commission- Quorum,
ers shall constitute a quorum for the transaction of busi-
ness. Any vacancy occurring in said board from any vacancy, etc.
cause may be filled for the remainder of the unexpired
term by said water district at any legal meeting called
for the purpose. No money shall be drawn from the dis-
trict treasur}^ on account of said water works except by a
written order of said commissioners or a majority of them.
Said commissioners shall annually make to said district To make an.
a full report in writing of their doings and expenditures. ""'^^™p°'''-
Section 13. Said district may adopt by-laws pre- District may
scribing by whom and how meetings may be called and by^awsTpro"
notified, and, upon the application of ten or more legal ^^^^^'^''^^'^tc-
voters in said district, meetings may also be called by war-
rant as provided in section eleven. 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 14. Whoever wilfully or wantonly corrupts, Penalty for
pollutes or diverts any water obtained or supplied under watCT^etc!'''
92 Acts, 1903. — Chaps. 120, 121.
this act, or wilfully or wantonly injures any reservoir,
standpipc, aqueduct, pipe or other property owned or
used by said district for the i)urpo.ses of this act, shall for-
feit and pay to said district three times the amount of
damages assessed therefor, to be recovered in an action of
tort ; and upon conviction of any of the above acts shall
be punished by a line not exceeding one hundred dollars
or by imprisonment for a term not exceeding six months,
effect Itc*^*^" Section 15. This act shall take effect upon its accept-
ance by a majority vote of the voters of said district
present and voting thereon at any 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 Shirley Village within three years after the
date of the acceptance of this act as aforesaid.
A2D2>'>'oved March 2, 1903.
ChapA20
An Act to authorize the auditor of accounts to employ
additional clerical assistance.
Be it enacted, etc. , as folloivs :
Additional SECTION 1. Tlic auditor of accounts is hereby author-
assistance. " ized to employ in his office such additional clerical assist-
ance as may be necessary for the proper despatch of public
business, at an expense not exceeding forty-five hundred
dollars a year.
RepeaL SECTION 2. So mucli of scction fourtceii of chapter
six of the Revised Laws and of chapter one hundred and
seventy-seven of the acts of the year nineteen hundred
and two as is inconsistent with this act is hereby repealed.
Section 3. This act shall take effect upon its passage.
Apj^roved March 2, 1903.
Chap.l^l
An Act to authorize the city of fitchburg to refund a
part of its indebtedness.
Be it enacted, elc.y as folloivs:
cityofFit^h- Section 1. Tlic citv of Fitchburc;, for the purpose
uury.' uiiiv issu6
bonds, etc. of refunding that part of its indebtedness at present exist-
ing for the i)urchase of land and the erection of a hospital,
under the provisions of chapter four hundred and twenty-
four of the acts of the year eighteen hundred and ninety,
may issue bonds to an amount not exceeding ninety-one
Acts, 1903. — Chap. 122. 93
thousand dollars, payable not more than twenty years
from the date of issue, and bearing interest payable semi-
annually at a rate not exceeding four per ceilt per annum.
Such bonds shall be issued in accordance with the pro-
visions of said chapter, and shall be deemed to constitute
a part of the loan authorized thereb3^ The })roceeds shall
be used to refund said indebtedness, but no })urchaser
shall be responsible for the ai)plication thereof.
Section 2. This act shall take effect upon its passage.
Apirvooed March 2, 1903.
C%9.122
An Act to regulate the sale of concentrated commercial
feed stuffs.
Be it enacted, etc., as follows:
Section 1. Every lot or parcel of concentrated com- saieofcon.
mercial feed stuff, as defined in section two of this act, commerdai
used for feeding farm live stock, sold, or offered or ex- reguiaVed^
posed for sale within this Commonwealth, shall have
affixed thereto, in a conspicuous place on the outside
thereof, a plainly printed statement, clearly and truly
certifying the name, brand or trade-mark under which the
article is sold for feeding purposes, the name and address
of the manufacturer, importer or dealer, the net weight
of the package, and the miuinuim percentage of crude
protein, reckoning one per cent of nitrogen ecjual to six
and one fourth per cent of protein, and crude fat which it
contains ; the several constituents to be determined by the
methods adopted by the Association of Official Agricul-
tural Chemists of the United States. If the feed stuff is
sold in bulk, or if it is put up in packages belonging to
the purchaser, the agent or the dealer shall, upon request
of the purchaser, furnish him with the certified statement
described in this section.
Section 2. The term "concentrated commercial feed Term "con.
stuff", as used in this act, shall include cottonseed meals, commeiciai
linseed meals, pea meals, bean meals, peanut meals, defined!*'^
cocoanut meals, gluten meals, gluten feeds, maize feeds,
starch feeds, sugar feeds, dried distillers' grains, dried
brewers' grains, dried beet refuse, malt sprouts, malt
refuse, hominy feeds, cerealine feeds, rice meals, oat feeds,
corn and oat fee'ds, corn, oat and barley feeds, chop feeds,
corn bran, ground beef or fish, scraps, meat and bone
meals, mixed feeds, — except as otherwise provided in
94
Acts, 1903. — Chap. 122.
Not to inclufle
hays, Btraws,
etc.
Penalty for
sale, etc., with-
out printed
statement, etc.
Sample may
be tjiken, etc.
Proviso.
section three of this act, — clover meals, condimental
stock and poultry foods, patented, ])roprietary or trade-
marked stock and poultry foods, and all other materials
of a similar nature not included in section three of this
act.
Section 3. The term " concentrated commercial feed
stuff", as used in this act, shall not include hays and
straws, the whole seeds nor the unmixed meals made
directly from the entire grains of wheat, r^^e, barley, oats,
Indian corn, buckwheat and broom corn. Neither shall
it include wheat bran or wheat middlings not mixed with
other substances but sold separately as distinct articles
of commerce, nor wheat bran and wheat middlings mixed
together, not mixed with any other substances and known
in the trade as " Mixed Feed", nor jmre grains ground
together unmixed with other substances.
Section 4. Any manufacturer, importer, agent or
other person selling, offering or exposing for sale any
concentrated feed stuff included in section two of this act,
without the printed statement required by section one
of this act, or with a label stating that the said feed stuff
contains substantiall}^ a larger percentage of either crude
protein or crude fat than is actually present therein, shall
be fined fifty dollars for the first offence and one hundred
dollars for each subsequent offence.
Section 5. The director of the Hatch experiment sta-
tion of the Massachusetts Agricultural College is hereby
authorized, in person or by de})uty, to enter any premises
where feed stuffs are stored and to take a sample, not
exceeding two pounds in weight, from any lot or package
of any commercial feed stufl' used for feeding any kind
of farm live stock as defined in section two or of excei)ted
materials named in section three of this act, which may
be in possession of an}^ manufacturer, importer, agent or
dealer. Any sample so taken shall be put in a suitable
vessel, and a label signed by the director or his deputy
shall be placed on or within the vessel, stating the name
or brand of the feed stuff or material sampled, the guar-
anty, the name of the manufacturer, imporfer or dealer,
the name of the i>erson, firm or corporation from Avhose
stock the sample was taken, and the date and i)lace of tak-
ing : jpr^ovided, however, that whenever a request to that
effect is made the sample shall be taken in duplicate and
carefully sealed in the presence of the person or persons
Acts, 1903. — Chap. 122. 95
in interest, or their representative, in which case one of the
said duplicate samples shall be signed and retained by the
person or persons whose stock was sampled. Any person Penalty for
who shall o])struct the director or his deputy while in the director 'o/
discharge of his duty under this act shall be deemed '^*^P"^y-
guilty of a misdemeanor, and upon conviction thereof shall
be fined not less than twenty-five dollars nor more than
one hundred dollars for each offence. The aforesaid di- be°made\*nd
rector shall cause at least one analysis of each feed stufi' resuitg
collected as herem provided, to be made annually, baid
analysis may include determinations of crude protein,
of crude fat, and of such other ingredients as it is deemed
advisable at any time to determine. Said director shall
cause the results of the anal3^sis of the sample to be pub-
lished from time to time in station bulletins, special
circulars, or elsewhere, together with such additional in-
formation concerning the character, composition and use
thereof as circumstances may require.
Section 6. Any person who shall adulterate any Avhole Penalty for
or ground grain with milling or manufacturing offals, or et," oTgram,
with any foreign substance whatever, or adulterate any "JJ.^*^^^ *°°'*'
bran or middlings, or mixtures of wheat bran and wheat
middlings known in the trade as "Mixed Feed", or any
other standard by-product made from the several grains or
seeds with any foreign substance whatever, for the pur-
pose of sale, unless the true composition, mixture or adul-
teration thereof is plainh' marked or indicated upon the
package containing the same or in which it is offered for
sale ; and any person who knowingly sells or offers for
sale any whole or ground grain, bran or middlings, or
mixture of wheat bran and wheat middlings known in the
trade as "Mixed P^eed", or other standard by-product,
which have been so adulterated, unless the true composi-
tion, mixture or adulteration is plainly marked or indicated
U})on the package containing the same or in which it is
offered for sale, shall on conviction be fined not less than
twenty-five dollars or more than one hundred dollars for
each offence, and such fines shall be paid into the treasury
of the Commonwealth.
Section 7. The director of the Hatch exiicriment sta- Prosecution
. . ... L' 1 • i. r J.I ^"'' violation
tion upon ascertaining any violations of this act for the of provisions,
first time shall forthwith notify the manufacturers or im-
porters in writing, giving them not less than thirty days
thereafter in which to comply with the requirements of
96
Acts, 1903. — Chap. 123.
Proviso.
Certain pcr-
.Honi3 not
jiflfectert.
Term
" inii)orter"
defined.
I'aynient of
expenses
of nialsing
analyses, etc.
Repeal.
When to take
effect.
this act. In case of second or sul)se<iii(Mit violations by
the same })ei"son or jxtsoms, or in cas(^ after a lapse of
thirty days the reciuireinents of tliis act remain uncomplied
with, it shall be the duty of the director of the said station
to prosecute the person or persons violating any provision
of this act, and for this jjurpose the director may, if neces-
sary, emi)loy ex})crts, and may further desionate some
person connected with the said station, or some other
suitable person, to make comjilaints in its behalf; and in
makiiiii: complaints for violations of this act the jiersons
so designated shall not be reijuired to enter into any
recoiinizance or to give security for the payment of costs :
jifOfided, Jtoirever, that there shall be no })rosecution in
relation to the ([uality of any unadulterated commercial
feed stuff if the same shall be found to be substantially
equivalent to the statement of analysis made by the manu-
facturers or importers.
Section 8. This act shall not aii'ect persons manufac-
turing, importing or i)urchasing feed stufls for their own
use and not to sell in this state.
8ectio?v 9. The term "importer", for all the ])uri)Oses
of this act, shall be taken to include all who })rocure or
sell concentrated commercial feed stuft's.
Section 10. To defray the expenses of making the
analyses and of carrying out the regulations provided for
or made b}^ or under this act the sum of three thousand
dollars shall be allowed for the present year from the
treasury of the Commonwealth, payable in semi-annual
payments.
Section 11. Section twenty and so nmch of any other
section of chapter fifty-seven of the Revised Laws as is
inconsistent with this act are hereby repealed.
Section 12. This act shall take effect on the first day
of July in the year nineteen hundred and three.
Approved March 2, 1903.
ChcC7?.\23 ^^^ "^^^ MAKING APPROriUATIONS FOR THE CARE OF RESERVA-
TIONS UNDER THE CONTKOL OF THE METROPOLITAN PARK COM-
MISSION.
Be it enacted, etc., as follows :
Section 1. The following sums are hereby appropri-
Appropria-
tione.
ated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, to wit : —
Acts, 1903. — Chaps. 124, 125. 97
For the care of reservations under the control of the care of certain
. i., I .. 1-ii T reservations.
metropolitan park commission, during the year ending on
the thirt3'-first day of December, nineteen liundred and
three, a sum not exceeding one Imndrcd thirty-eight thou-
sand and ninety-three dollars.
For printing and binding the annual report of the met- Annual report.
ropolitan park commission, a sum not exceeding twelve
hundred dollars.
Section 2. This act shall take eft'ect upon its passage.
Approved March 5, 1903.
An Act making an appkopkiation for the care and main- QJiaji 124
TENANCE OF BOULEVARDS AND PARKWAYS IN CHARGE OF THE
METROPOLITAN PARK COMMISSION.
Be it enacted^ etc., as foHoios :
Section 1. A sum not exceeding seventy-nine thou- care, etc., of
sand and twenty-one dollars is hereby appro})riated, to be vardsand
paid out of the treasury of the Commonwealth from the ^"^'^ ""^^'
ordinary revenue, for the care and maintenance of boule-
vards and parkways in charge of the metropolitan park
commission, during the year ending on the thirty-first day
of December, nineteen hundred and three.
Section 2. This act shall take effect upon its passage.
Approved March 3, 1903.
An Act to authorize the city of everett to incur ^^^^- Cljrirri'X^K
TIONAL INDEBTEDNESS FOR SURFACE DRAINAGE PURPOSES. "'
Be it enacted, etc., as follows :
Section 1, The city of Everett, for the purpose of |J.%"a1n*^"
extending and completing its system of surface drainatre Loan, Act of
• .. . .® 1U03
and disposing of surface water within the city, may incur
indebtedness bej'ond the limit fixed by law to an amount
not exceeding one hundred thousand dollars, and may
issue from time to time bonds, notes or scrip therefor.
Such bonds, notes or scrip shall be payable within such
periods, not exceeding thirty years from the date thereof,
as the city council of the city, Avith the approval of the
mayor, shall determine. They shall be denominated on
the face thereof, Everett Surface Drainage Loan, Act of
1903, and shall be signed by the mayor and treasurer of
the city. Except as otherwise provided herein the provi- ^J^'f-^**'''
sions of chapter twenty-seven of the Revised Laws and of
98 Acts, 1908. — Chaps. 126, 127.
all acts in amendment thereof and in addition thereto shall,
so far a.s they may be applicable, apply to the indebted-
ness hereby authorized and to the securities issued there-
for.
Section 2. This act shall take eflect upon its passage.
Approved March 5, 1903.
ChaiJ 126 ^^ ^^^ RELATIVE TO THE ANNUAL RETURNS OF RAILROAD COR-
PORATIONS.
Be it enacted, etc., as follows :
Repealed.' ^ ^^* SECTION 1. Scction eighty -four of chapter one hun-
dred and eleven of the Revised LaAvs, which })rovides that
a fee of twenty dollars shall accompan}' the annual return
of a railroad corporation, is hereby repealed.
Section 2. This act shall take eft'ect upon its passage.
Approved March 3, 1903.
Ch(ip.\2i7 An Act to authorize the city of fall river to incur in-
debtedness BEYOND THE LIMIT FIXED BY LAW, FOR SCHOOL
■ PURPOSES.
Be it enacted, etc., as follows :
Rf/e°may" Section 1 . The city of Fall River, for the purpose of
notesor'scrii) purchasiug land for the construction of new schoolhouses,
etc. and of furnishing the same, in that city, may incur in-
debtedness be^'ond the limit fixed by law to an amount
not exceeding one hundred and fifty thousand dollars, and
may issue bonds, notes or scrip therefor. Such bonds,
notes or scrip shall be payable within such period, not
exceeding twenty years from the date thereof, and shall
bear such rate of interest, not exceeding four per cent
R. L. 27to per annum, as the city council shall determine. Except
except, etc. as otherwise provided herein the |)rovisions of chapter
twenty-seven of the Revised Laws shall, so far as they
may be applicable, apply to the indebtedness hereby au-
thorized and to the securities issued therefor.
Section 2. This act shall take effect upon its passage.
App7'oved March 3, 1903.
Acts, 1903. — Chaps. 128, 129. 99
An Act to authorize the town of falmouth to issue addi- HJ^qj^ lOQ
TIONAL BONDS.
Be it enacted^ etc., as follows :
Section 1. Section two of chapter three hundred and amended.^ ^'
thirty-one of the acts of the year nineteen hundred and
two is hereby amended by striking out in the fifth line of
said section the word "thirty", and inserting in place
thereof the word : — forty, — so as to read as follows : —
/Section 2. The town of Falmouth, after the purchase of mouth m^*^"
and payment for the franchise and corporate property [lonlf^^^ds
of the Falmouth Water Company, may, for the purpose etc.
of extending its water works, issue bonds to an amount
not exceeding forty 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 provisions specified in said section thirteen.
Section 2. This act shall take effect upon its passage.
■ Approved March 3, 1903.
Chap.Vl^
An Act to authorize the city' of somerville to use cer-
tain LAND FOR MUNICIPAL PURPOSES.
Be it enacted, etc., as follows :
Section 1. The city of Someryille is hereby granted ^nJe ma^Tse'^"
perpetual right to occupy, for the purpose of erecting certain land
and maintaining thereon a building to be used as a public purposes.
school, or for any other municipal purpose, such portions
of a certain parcel of land situated on Highland avenue
and Hudson street in said city, and acquired by it in the
year nineteen hundred and two for the erection of an
armory, as are not occupied by the armory building.
Section 2. This act, except as provided in the follow- Not to take
ing section, shall not take effect unless accepted by said accepted by
city by a majority vote of the board of aldermen, taken *''*^"
by call of the ^^eas and nays.
Section 3. So much of this act as authorizes the sub- ^'J^ect*'^^
mission of the question of its acceptance to the board of
aldermen of said city' shall take effect upon its passage,
and if duly accepted it shall take full effect on the date
of such acceptance. Approved March 5, 1903.
100
Acts, 1903. — Chap. 130.
1890, 357, § 10,
etc., amended.
Pitts field
Sewer Loan,
Act of Eigh-
teen Hundred
and Ninety.
ChCipAoO '^^ ^^"^ '^'^ AUTHORIZE THE CITY OK riTTSIIELD TO INCUK ADDI-
TIONAL INDEBTEDNESS FOR SEWERAGE PURPOSES.
Be it enacted, etc., as follows :
Section 1. Section ten of chapter three hundred and
fifty-seven of the acts of the year eighteen hundred and
ninety, as amended by chapter three hundred and tAvelve
of the acts of the year nineteen hundred and one, is
hereby further amended by striking out in the fifth line
the word "five", and inserting in })lace thereof the word :
— six, — and by adding at the end of said section tlie
words : — Said city may authorize temporary loans to be
made by its mayor and treasurer, and may give tempo-
rary notes therefor, and may renew such temporary notes
from time to time in anticipation of the issue of bonds,
notes or scrip hereby authorized, or in anticipation of the
payments to be made, — so as to read as follows: —
Section 10. The said city may, for the purposes of pay-
ing the necessary expenses and liabilities incurred under
the provisions of this act, issue from time to time bonds,
notes or scrip to an amount not exceeding in the aggre-
gate six hundred thousand dollars beyond the limit of
indebtedness fixed by law for said city. Such bonds,
notes or scrip shall bear on the face thereof the words,
Pittsfield Sewer Loan, Act of Eighteen Hundred and
Ninety ; shall be payable at the expiration of' periods
not exceeding forty j^ears from the date of issue, and
shall bear interest payable semi-annually, at a rate not
exceeding six per centum per annum ; but the provisions
of chapter twenty-nine of the Public Statutes and of
chapter one hundred and twenty-nine of the acts of the
year eighteen hundred and eighty-four shall otherwise
apply to the issue of such bonds, notes or scrip and to
the establishment of a sinking fund for the payment
thereof at maturity. But said city may, instead of
creating a sinking fund for the payment of said bonds
so issued or to be issued, provide hy the terms of said
bonds that at least ten thousand dollars shall be due and
payable each year upon the principal of such bonds, and
if so paid said sinking fund need not be established as
required by said acts. Said city may authorize tempo-
rary loans to be made by its mayor and treasurer, and
may give temporary notes therefor, and may renew such
Payment of
loan.
Temporary
loans may l)e
authorized.
Acts, 1903. — Chaps. 131, 132. 101
temporary notes from time to time in anticipation of the
issue of bonds, notes or scrip hereby authorized, or in
anticipation of the payments to be made.
Section 2. This act shall take eftect upon its passage.
Approved March 5, 1903.
Chap.1^1
An Act relative to the trustees of the Berkshire
ATHEN^UM.
Be it enacted^ etc., us folloivs :
Section 1. The name of the Trustees of the Berk- Name of
1 • 1 1 1 1 m > Trustees of the
shire Athenaeum is hereby changed to the Trustees ot the Berkshire
Berkshire Athemvum and Museum. chauged.
Section 2. The corporation may elect nine trustees Trustees.
in addition to the number now authorized.
Section 3. The corporation may by its by-laws limit Term of office.
the term of office of all trustees hereafter elected, and
may from time to time reduce the number of trustees to
a number not less than ten in addition to the trustees
holding office ex officio, and may classify such trustees so
that the terms of office of a certain number of trustees
shall expire each year.
Section 4. This act shall take effect upon its passage.
Approved March 6, 1903.
'^- Chap.im
An Act to authorize the ashburnham new cemetery asso-
ciation TO transfer its property and funds to the town
of ashburnham.
Be it enacted, etc., as foUotvs :
Section 1 . The Ashburnham New Cemetery Associa- The Ashbum-
tion is hereby authorized to release and convey to the cemetery
town of Ashburnham, by a deed executed by the presi- mly°transf°r
dent and clerk of said association in its behalf, all the and lund^s'to
real estate owned by it, and to transfer to said town of Ashburnham
Ashburnham all the personal i)roperty of said association
and all trust funds held by it by bequest or otherwise for
the care and benefit of its cemetery or of any lot or lots
therein : iwovided, that the town of Ashburnham shall i*™^'"*'*-
vote to accept the same at a meeting duly called for that
purpose.
Section 2. All real estate and personal property con- Management,
etc ot" fbhI
veyed and transferred to the town of Ashburnham, pur- estate and
suant to the authority contained in the preceding section, property.
102 Acts, 1903. ~ Chaps, 133, 134.
shall be held and managed by said town in the same
manner in which towns are authorized to hold and manage
like })roperty for cemetery purposes by the laws of this
Proviso. Connnon wealth : provided, that any trust funds so trans-
ferred shall be held by said town for the same uses and
purposes and charged with the same duties and liabilities
as when held by said association, and that all rights which
any persons have acquired in said cemetery or in any lot
or lots therein shall remain valid to the same extent as
if this act had not been passed.
Section 3. This act shall take effect upon its passage.
Approved March 7, 1903.
OJiap.lSS -^N Act to authorize the city of newton to sell a part
OF BOYU'S POND PARK.
Be it enacted, etc., as foUoios:
u)n^nmy^8^eua SECTION 1. The city of Ncwtou is hereby authorized,
partof Boyd'8 ^pon the order or vote of its board of aldermen, to sell
Pond park. r .t^tt^ii nii-i
and convey that part ot Boyd s Fond park, so-called, laid
out under the provisions of chapter two hundred and
ninety-six of the acts of the year eighteen hundred and
ninety-three, which lies westerly of Jackson road.
Section 2. This act shall take etfect upon its passage.
Approved March 7, 1903.
CliaiJ 134 -^^ -^^^ RELATIVE TO THE EQUIPMENT OF CERTAIN CARS OF
STREET RAILWAY COMPANIES.
Be it enacted, etc., as folloivs :
K^L^n2, §5-2, Section 1. Section fifty-two of chapter one hundred
and twelve of the Revised Laws is hereby amended by
inserting after the word "guards", in the third line, the
words : — brakes and emergency tools in such cases, —
Equipment of SO as to read as follows : — Section 52. A street railwaj'
streerrsuway* Company shall equip its cars, when in use, unless, pro-
companies, pelled by horse power, with yuch fenders and wheel guards,
brakes and emergency tools in such cases as may be re-
quired by the board, and the board may, from time to
time, modify its requirements.
Section 2. This act shall take effect upon its passage.
Axjxrroved March 7, 1903.
Acts, 1903. — Chaps. 135, 136. 103
An Act relative to a metropolitan park railway. C]iav 135
Be it enacted^ etc. , as folloivs :
Section 1. The board of metropolitan park commis- J^i^t^'j^^^^j.,,
sioners shall report to the next general court as to the commissioners
1 o , to report as to
advisability of establishing a metropolitan park railway advisability of
through the whole or parts of the metropolitan park sys- metropoiuln'
tern and other parks in the cities and towns within the "^^^^ railway.
metropolitan park district, and shall submit an estimate
of the probable cost of construction and operation of the
railway and a statement of the best route therefor, and
shall suggest the rules and regulations under which such
railway should be maintained.
Section 2. This act shall take effect upon its passage.
Approved March 7, 1903.
An Act to authorize the removal of the remains of the ^y -, .>.,
dead from the pleasant street cemetery in the city of J-
worcester, and the sale of the land.
Be it enacted^ etc, as folloivs :
Section 1. The Roman Catholic Bishop of Springfield, ^|Jj^i^^;|™^"
a corporation sole created by chapter three hundred and Bishop of
sixty-eight of the acts of the year eighteen hundred and may remove
ninety-eight, is hereby authorized to and shall, on or dead'from
before the first day of July in the year nineteen hundred cemetery.
and six, remove the remains of the dead bmned in the
tract of land situated on Pleasant street in the city of
Worcester, described in a deed from Rejoice Xewton to
Benedict I. Fenwick, dated the j^ixth day of August in
the year eighteen hundred and thirty-five, and recorded
in the Worcester district registry of deeds, in book three
hundred and nine, page six hundred and fifty-three, to
any other catholic cemetery in the city of Worcester
designated by said Roman Catholic Bishop of Springfield,
upon the following conditions : —
1. The removals shall be made under the supervision conditions of
of, and subject to any rules therefor adopted by, the removal.
board of health of the city of Worcester.
2. Upon a request in writing by any relative or friend
of any person whose remains are to be removed such rel-
ative or friend shall be permitted to remove at his own
expense, subject to the above supervision and rules, the
remains of such person to any other cemetery.
104
Acts, 1903. — Chap, 187.
Time for re-
moval to be
flxetl and
notice given.
Contracts.
Real estate
may be sold,
etc.
3. Where no such request is made said Roman Catho-
lic Bishop of Springfield shall select and proN'ide suitable
places for the re-interments.
4. AH monuments and headstones shall be carefully
removed and re-set when others are not provided, and
the utmost pains shall be taken to avoid mistakes.
5. The places of second burial shall be indicated upon
a suitable i)lan of the cemetery or cemeteries designated
as aforesaid hy said Roman Catholic Bishop, which shall
be open to the inspection of all interested persons.
Section 2. The board of aldermen of the city of
"Worcester shall fix a time for the removal of said I'cmains
and monuments reasonably Avithin the time limited in
section one hereof, and said Roman Catholic Bishop of
Springfield shall give notice thereof by publication for
three weeks successively in some one or more of the daily
newspapers printed in said AVorcester, the last publica-
tion thereof to be seven days at least before the time fixed
for said removal, and by mailing a copy of said publica-
tion to the friends or next of kin whose residence may be
known to said Roman Catholic Bishop of Springfield.
Section 3. The said Roman Catholic Bishop of
Springfield is hereby empowered to make all necessary
contracts for carrying out the purposes of this act.
Section 4. The said Roman Catholic Bishop of Spring-
field, or whoever may be legally appointed as trustee
under said deed from Rejoice Newton to Benedict I. Fen-
wick, is hereby empowered to sell and conve}^ cither by
a single conveyance or by several conveyances, the real
estate described in said deed, and to convey' thereby a
title in fee free from the trusts created by said deed.
The proceeds of such sale or sales, after paying the ex-
penses incident to carrying out the provisions of this act,
shall be held by said Roman Catholic Bishop of Spring-
field, or by any legally a])p()inted trustee, in trust for the
general purposes descri])ed in said deed.
Section 5. This act shall take effect upon its passage.
Approved March 7, 1903.
(J]ia7),\^l An Act to authorize the appointment of a fourth assist-
ant CLERK OF COURTS FOR THE COUNTY OF MIDDLESEX.
Be it enacted, etc., as follows:
Section 1 . I'he justices of the supreme judicial court
of Middlesex*^ ^^ * majority of them may appoint a fourth assistant clerk
Fourth assist-
ant clerk of
Acts, 1903. — Chaps. 138, 139. 105
of courts for the county of Middlesex, who shall be sub-
ject to the provisions of law applicable to assistant clerks
of courts and who shall receiv'e an annual salary of two
thousand dollars, to be paid by said county.
Section 2. This act shall take effect upon its passage.
Approved March 7, 1903.
Chap.im
An Act to authokize the pkoprietoks of the south sutton
RURAL cemetery COMPANY TO CONVEY ITS PROPERTY TO THE
TOWN OF SUTTON.
Be it enacted, etc., as folloivs:
Section 1. The proprietors of the South Sutton Rural tT,rlofX'^'
Cemeteiy Company at a meeting called for the purpose by ^^}\ |utton
notice published in the newspapers called the Worces- tery company
ter Telegram and the Uxbridge Compendium, at least us^pi^operty
seven days before said meeting, may by a two thirds vote o*t sutton!'^
of those present and voting authorize the trustees of said
company or a majority of them to conve}^ to the inhabi-
tants of Sutton in their corporate capacity, all the right,
title and interest in and to all the lands, buildings and
other property belonging to said company. The principal
or income of any property now or hereafter payable to
said South Sutton Rural Cemetery Company or its olBcers
shall, after the conveyance aforesaid, be paid under the
same terms and conditions to the said inhabitants.
Section 2. All rights which any persons have acquired uJ;t*aflected!*^
in said cemetery or in any lot or lots therein shall remain
valid, to the same extent as if this act had not been
passed.
Section 3. This act shall take effect upon its passage.
Aj^jit'oved March 7, 1903.
An Act relative to the water supply of the town of /nr? ,.. ioq
WILLIAMSBURG.
Be it enacted, etc., as follows :
Section 1. Section two of chapter three hundred and etc?' amelded.
forty-nine of the acts of the year nineteen hundred and
one, as amended by section one of chapter one hundred
and eighty-two of the acts of the year nineteen hundred
and two, is hereby further amended by striking out all
down to and including the word "therewith", in the
seventh line, and inserting in place thereof the words : —
Said town, for the purposes aforesaid, may take, by pur-
106
Acts, 1903. — Chap. 139.
Town of
Williamsburg
may take cer-
tain waters,
lands, etc.
Proviso.
May erect
structures,
lay pipes, etc.
chase or otherwise, and hold so much of the waters of the
east branch and the west branch of Mill river, and of
Unquonionk brook, and of all their tributaries, in said
town of Williamsburg, and of the waters which flow into
and from the same, together with any water rights con-
nected therewith, as will provide the town with water
amounting to not more than two hundred thou'sand gallons
per day, — so as to read as follows : — Section 2. Said
town, for the purposes aforesaid, may take, by purchase
or otherwise, and hold so much of the waters of the east
branch and the west branch of Mill river, and of Unquo-
nionk brook, and of all their tributaries, in said town of
Williamsburg, and of the waters Avhich flow into and from
the same, together with any water rights connected there-
with, as will provide the town with water amounting to
not more than two hundred thousand gallons per day, and
also all lands, rights of way and easements necessary for
holding, storing and preserving such water and for con-
veying the same to any part- of the said town, and for con-
structing and maintaining ponds : provided, that no source
of water supph' for domestic purposes, and no lands nec-
essary 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 erect on the
land thus taken, purcJiased or held, proper dams, build-
ings, fixtures and other structures, and may make exca-
vations, 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 Avorks ; and may construct and lay conduits, pipes
and other works, under and over any land, watercourses,
railroads or public or private ways, and along any such
ways in such manner as liot 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, 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 situ-
ated, may enter upon and dig up any such Avays in such
manner as will cause the least hindrance to public travel.
Section 2. This act shall take effect upon its passage.
Approved March 7, 1903.
Acts, 1903. — Chaps. 140, 141. 107
An Act relative to the fire department of the town of (7^«7?.140
plymouth.
Be it enacted, etc., cisfolloios:
Section 1 . Chapter fifty-three of the acts of the year mo, m
eighteen hundred and thu'ty-five, entitled "An Act to '^^^^^ •
establish a fire department in the town of Plymouth", is
hereby repealed.
Section 2. The Plymouth fire department as now organization
1 1 11 1 • 1 1 ,• 11 otthePlym
organized shall be considered tor all purposes as organ- outh Are
• J J J.1 T> • J T department.
ized under the Ke vised Laws.
Section 3. This act shall take effect upon its passage.
Approved March 7, 1903.
Chap.141
An Act to establish a board of survey for the town of
BELMONT.
Be it enacted, etc., as foUoivs :
Section 1. The selectmen of the town of Belmont Board of
shall constitute a board of survey for the town. Beimont,
Section 2 . Any person or corporation desiring to la}' constitute. "
out, locate or construct any street or way in said town P}'^^^f o*
' ^1- 111 /••• streets or wav 9
alter the passage of this act shall, before beginning such to be submitted
~ ~ . to board etc
construction, submit to said board of survey suitable
plans of such street or way, to be prepared in accordance
with such rules and regulations as the board may })i'escribe.
Upon the receipt of such plans, with a petition for their Public hearing
approval, the board shall give a public hearing thereon, etc.^^^^^°'
after giving notice of such hearing by publication once a
week for two successive weeks in a newspaper published
in the town, the last publication to be at least two days
before the hearing ; and after such hearing the board may
alter such plans and may determine where such street or
way shall be located, and the width and grades thereof,
and shall so designate on said plans. The plans shall then
be approved and signed by the board and filed in the office
of the clerk of the town, who shall attest thereon the date
of such filing.
Section 3. The board of siu-vey shall from time to Plans to be
time cause to be made under its direction plans of such location of
territory or sections of land in said town as the board way8%tc.
may deem advisable, showing thereon the location of such
streets or ways, whether already laid out or not, as the
board shall be of opinion that the present or future inter-
108
Acts, 1903. — Chap. 141.
Public hear-
iugs to be
given, etc.
Certain
powers of
selectmen not
abridged, etc.
Construction
of streets or
ways, etc.
Proviso.
ests of the public require or will require in such territory,
showing clearly the direction, width and grades of each
street or wa}^ ; and the board may employ such assistants
and incur such expense in regard to said plans as it may
deem necessary, not exceeding the amount of money ap-
projiriated by the town for the purpose. Before making
any such plan the board shall give a public hearing as
to the location, direction, width and grades of streets or
ways in the territory to be shown on the plan, after giv-
ing notice of such hearing by publication once a week
for two successive weeks in a newspaper published in the
town, the last publication to be at least two daj'S before
the hearing, and shall, after making any such plan, give
a like notice of hearing, and a hearing thereon, and shall
keep the plan open to public inspection for one month
after the first publication of notice of such hearing. After
such hearing and after the alterations deemed necessary
by the board have been made in such plan the plan shall
be marked as made under the provisions of this act, shall
be signed by the board, and shall then be filed in the
office of the clerk of said town, who shall attest thereon
the date of such filing.
Section 4. The powers of the board of selectmen of
said town in regard to highAva3^s shall not be abridged by
this act in any manner, except as provided in this section,
and the powers given to them by this act shall be in
addition to the powers now possessed by them. After
the passage of this act no street or way in the town of
Belmont, shown on any plan filed as aforesaid, shall be
laid out, located anew, altered or widened, and no such
street or way, Avhether already or hereafter laid out, shall
be constructed by any public authority, except in ac-
cordance with the provisions of this act. If any pei'son
or cor})oration shall hereafter open for public travel any
private way the location, direction, width and grades of
which have not previously been approved in writing by
the board of survey in the manner provided for in this
act, then neither the town nor any other public authority
shall i)la('e any public sewer, drain, water pipe or lamp
in, or do any public work of any kind on, such private
way so opened to public travel contrary to the provisions
of this act : provided, /loirpver, that these provisions shall
not prevent the laying of a trunk sewer, water or
main, if it be required by engineering necessities.
Acts, 1903. — Chap. 141, 109
Section 5. If any building shall hereafter be placed Erection, etc,
or erected in said town within the boundaries of any at Kijides other
street or way shown on any plan filed Avith the town nied, etc^
clerk as herein provided, or on land adjacent to any such
street or Avay the grade of which at the time of placing
or erecting such building is other than the grade shown
on said plan, or on land adjacent to any street or way
the plan and profile of which have not been approved by
said board of survey, no damages caused to any building
so placed or erected, by the construction of such street
or way as shown on said })lan, or caused to any liuilding
so placed or erected, or to the land upon which such
building is placed or erected, by the subsecj[uent change
of grade of any street or way the plan of which has not
been approved by said board of survey, shall be recov-
ered by or paid to the owner of the Avhole or any part of
the estate of which the land u})on which said building so
placed or erected formed a part at the date of the first
publication of notice of hearing as aforesaid.
Section 6. Said town may from time to time appro- Appropria-
priate sums of money to be expended by the board of
survey for carrying out the provisions of this act ; but
no expenditures shall be made in excess of such appro-
priations.
Section 7. Said board of survey, its officers and Lands may be
^ ji 1 -i • • entered upon,
agents, may, so tar as they deem it necessary in cariying surveys made,
out the provisions of this act, enter upon any lands and
there make such examinations and surveys and place and
maintain such monuments and marks as they may deem
necessary ; and any person whose property is injured by
such entry or by such placing and maintaining, who fails
to agree with the town as to the amount of his damages,
may have them assessed and determined in the manner
provided by law in the case of land taken for the laying
out of highways in said town, on application at any time
Avithin one year after such entry or after such placing and
maintaining.
Section 8. This act shall not be construed to author- Not to author.
ize any taking or condemnation of land, or to render the iand%tcf °
town liable for damages of any kind, except for making
entries upon land and for placing and maintaining monu-
ments and marks as authorized by section seven, nor to
authorize the said town to lay out or to construct any
way located on any of said plans, until such way has
110
Acts, 1903. — Chaps. 142, 143.
been laid owt as a highway under other provisions of
law.
Section 9. This act shall take effect upon its passage.
Approved March 7, 1903.
C7l0.p.^4:2 An Act to authorize the city of WORCESTER TO APPROPRIATE
MONEY FOR THE CARE AND IMPROVEMENT OF BOYNTON PARK.
City of Worces-
ter may appro-
priate money
for care, etc.,
of Boynton
park.
No expendi-
tures to be
incurred until
appropria-
tion is made,
etc.
Be it enacted, etc., as follows:
Section 1 . The city of Worcester is authorized to
expend upon the real estate described in, and for the
execution of the trusts created by, the deed of Charles
Bo} nton, dated September fourteenth, eighteen hundred
and ninety-eight, and recorded in Worcester district reg-
istry of deeds, in book fifteen hundred and ninety-four,
page thirty, such sums of money as may from time to
time be appropriated for the purpose by the city council
of said city ; and the board of park commissioners of said
city, or such other board or officers as its city council
may by ordinance designate, shall possess the same powers
and authority and be charged with the same duties and
responsibilities touching said real estate, and said city
may otherwise in the execution of said trusts act as to
said real estate as if it lay wholly within the city of
Worcester.
Section 2. No expenditures shall be incurred under
authority of this act until an appropriation sufficient for
the estimated amount thereof has been made by a vote
of two thirds of each branch of the city council. Such
expenditures shall not exceed the appropriations therefor,
and all contracts involving expenditures in excess of such
appropriations shall be void.
Section 3. This act shall take effect upon its passage.
Approved March 9, 1903.
(Jhap.l4:3 ^^ A^'^ RELATIVE TO THE SPEED OF CARS AND USE OF TRACKS
OF STREET RAILWAY COMPANIES.
R. L. 112, § 40,
amended
Be it enacted, etc. , as folloivs :
Section forty of chapter one hundred and twelve of the
Revised Laws is hereby amended by striking out the
word "may", in the first line, and inserting in place
thereof the word: — shall, — and by inserting after the
word '* require", in the fourth line, the words : — subject
Acts, 1903. — Chap. 144. Ill
to the approval, revision or alteration of the board of rail-
road commissioners, — so as to read as follows : — Section speed of cars
40. The board of aldermen or the selectmen shall from way companies
time to time establish such regulations as to the rate etc.*"^^^" '^ ^^ '
of speed and as to the mode of use of the tracks within
their city or town as the interest and convenience of the
public maj require, subject to the approval, revision or
alteration of the board of railroad commissioners ; and a
street railway company whose servants or agents wilfully
or negligently violate any such regulations shall forfeit
not more than five hundred dollars for each oflence.
Aijproved March 10, 1903.
An Act relative to the crossings of railroads and public (^Jjfyjf I44
WAYS IN EAST BOSTON.
Be it enacted, etc., as folloivs :
Section 1. Section two of chapter four hundred and 1900, 462, §2,
sixty-two of the acts of the year nineteen hundred is
hereby amended by striking out the Avord " three ", in the
last line, and inserting in place thereof the word : — six,
— 80 as to read as follows : — Section 2. In case the said in case of
commission shall determine that the public interests re- of certain
quire the relocation of the tracks of the Boston and Maine oV*Boston and
or Boston and Albany railroads, or any of them, the i^^alcompany
present yards of the Boston and Albany Railroad Com- ^^^cwtain**
pany between Marion and Bennington streets in East purposes, etc.
Boston may be used for storage and switching purposes,
pending any change in the location of said railroad that
may be ordered by said commission under section one
of this act ; and the said railroad company may continue
to cross at gi'ade such streets as are necessary to reach
said yards until said change of location has been effected,
but in no event for a longer term than six years after the
passage of this act.
Section 2. Nothing in said chapter four hundred'and Time within
sixtj^-two nor in chapter three hundred and ninety of the miseioners
acts of the year eighteen hundred and ninety-nine shall be noTrestricted,
construed to limit or restrict the time within which the ^**^-
commissioners designated in said acts may report to the
superior court for the county of Suffolk upon the matters
referred to them under said acts.
Section 3. This act shall take efffect upon its passage.
Ap'proved March 10, 190S.
112
Acts, 1903. — Chaps. 115, 146.
CITY OK NEWBURYPORT TO ISSUE
ClUtT) 11:5 ^^ ^'^'^ '^'^ AUTHORIZE THE
BONDS PAYABLE IN ANNUAL INSTALMENTS.
Payment of
certain bonds
iBRuert liy the
city of New-
bury port.
Be it enacted^ etc., asfoUoivs:
Section 1. The bonds issued l»y the eity of Newbury-
})()rt for the })uri)ose of paj'ing necessary expenses and
liabilities incurred under the provi-sions of chapter four
hundred and seventy -four of the acts of the year eighteen
hundred and ninety-four may be issued under and accord-
ing to either said chapter or section thirteen of chapter
twenty-seven of the Revised Laws, as the city may de-
termine.
Section 2. This act shall take effect upon its pa.ssage.
Apjnovecl March 10. 1903.
OhaD 116 ^^ -^^^ ^^ AUTHORIZE THE TOWN OK WATERTOWN TO INCUR
INDEBTEDNESS FOR THE PURPOSE OF PAYING CERTAIN BONDS
ISSUED BY THE WATERTOWN WATER SUPPLY COMPANY.
Be it enacted, etc., as foUoivs:
Section 1. The town of Watertown, for the purpose
of providing for the payment of bonds issued by the
Watertown Water Supply Company, the principal of
which amounts to one hundred and fifty thousand dol-
lars, and the payment of which was assumed by the town
at the time of its purchase of the franchise and property
of said company, may incur indebtedness to an amount
not exceeding one hundred and fifty thousand dollars.
Section 2. The said town is hereby authorized to issue,
for the indebtedness incurred under this act, bonds, notes
or scrip to an amount not exceeding one hundred and fifty
thousand dollars. Such bonds, notes or scrip shall bear
on their face the words, Watertown Water Loan ; shall be
payable at the expiration of periods not exceeding thirty
yea^s from the date of issue ; shall bear interest, payable
semi-annually, at a rate not exceeding five per cent per
annum, and shall be signed by the treasurer of the town
and countersigned by the selectmen. The town may sell
such securities at public or private sale or pledge the same
for money borrowed for the purpose of this act, upon such
terms and conditions as it may deem proper : provided,
that such securities shall not be sold or pledged for less
than the par value thereof.
The town of
Watertown
may incur
indebtedness
for the pur-
pose of paying
certain bonds.
Watertown
Water Loan.
Proviso.
Acts, 1903. — Chap. 147. 113
Section 3. The town shall pay the interest on said Payment
1 • /> 1 • • 1 ^'^ loan.
loan as it accrues, and shall at the tune ot authorizing the
loan provide for the payment thereof in such annual i)ro-
portionate payments as will extinguish the same within
the time prescribed in this act ; and Avhen a vote to that
effect has been passed the amount required thereby, so far
as the income derived from Avater rates and available for
the purpose may be insufficient therefor, shall without
further vote be assessed by the assessors of the town in
each year thereafter until said debt 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 4. The indebtedness incurred under this act Not to be
shall not be reckoned in determining the authorized limit determining
of indebtedness of said town under the provisions of sec- '*'^'^'' i'™''-
tion four of chapter twenty-seven of the Revised Laws.
Section 5. Except as otherwise provided herein the r. L.27to
provisions of chapter twenty-seven of the Revised Laws ^^^^^ ^'
shall apply to the issue of said bonds, notes or scrip.
Approved March 10^ 1903.
An Act relattve to increasing the limit of capital to be H]) ri i^ ^ A!7
ACCUMULATED BY CO-OPERATIVE BANKS.
Be it enacted^ etc., asfolloivs :
Section 1. Section four of chapter one hundred and Rlii4.§4,
fourteen of the Revised Laws is hereby amended by strik-
ing out the words " actually paid in shall not exceed one
million dollars, and ", in the first and second lines, and
inserting in place thereof the words : — to be accumulated,
— and b}^ striking out the words "so long as the capital
actually paid in on shares does not exceed one million dol-
lars '', in the tifth and sixth lines, so as to read as folloAvs : —
Section 4. The capital to be accumulated shall be divided issue of stock
f ^ 1 • 1 f 1 11111 "* co-operative
into shares of the ultimate value oi two hundred dollars banks.
each. The shares may be issued in quarterly, half yearly
or 3'early series, in such amounts and at such times as the
members may determine. No person shall hold more than
twenty-five shares in the capital of one such corporation.
No shares of a prior series shall be issued after the issue
of a new series.
Section 2. Said chapter one hundred and fourteen is r. l. iw
hereby further amended by adding at the end thereof the ^"^^^ ^
114 Acts, 1903. — Chaps. 118, 149.
Co-operative Ibllowinj; iicw scutioii : — t'Seclioii ol. A bank may by
nunks niciy " , •
Increase limit Tote of a majority of its members present and voting at
of capital, etc. ,. , ', '^,, ^ n i\ • ji i* • i.
a meeting (Uily called for the purpose increase tlie limit
of cai)ital lo be atcumulatcd by it as stated in its original
agreement of association and in its certificate of organiza-
tion, and Avithin thirty days after such vote shall file in
the office of the secretary of the (.'ommon wealth a cer-
tificate of the amount of such increase and a statement
of such vote, signed and sworn to by the presiding and
financial officers and by a majority at least of the officers
who possess the powers of directors, by whatever name
they may be called. For filing and recording such cer-
tificate of increase a fee of one dollar shall be paid to the
secretary of the Commonwealth. Upon the filing thereof
the bank without any further requirement shall be author-
ized to accumulate a capital up to the increased amount
designated in such vote.
Section 3. This act shall take effect upon its passage.
Approved March 10, 1903.
(JllClV 148 ^^ ^'^^ MAKING AN Al'PKOrKIATION FOR THE COMPENSATION
AND EXPENSES OF THE COMMITTEE APPOINTED TO CONSIDER
THE ADVISABILITY OF CONSTRUCTING A DAM ACROSS THE CHARLES
RIVER BETWEEN THE CITIES OF BOSTON AND CAMBRIDGE.
Be it enacted, etc., as follows :
etc"^onLic""°' Section 1. The sum of thirty thousand dollars is
conimittec hereby appropriated, to be paid out of the treasury of the
river dam. Commonwealth from the ordinary revenue, for the com-
pensation and expenses of the committee appointed to
consider the advisability of constructing a dam across the
Charles river between the cities of Boston and Cambridge,
as authorized by cha})ter one hundred and five of the
resolves of the 3^ear nineteen hundred and one.
Section 2. This act shall take effect u})on its passage.
Approved March 10, 1903.
CllClV 149 ^^^ ^^^ ^*^* ESTABLISH THE BOUNDARY LINE BETWEEN THE TOWNS
OF BI{AINTREE AND HOLBROOK.
Be it enacted, etc., as folloivs :
Roundary SECTION 1. The following described line shall here-
Braintrce and aftcT be the bouudaiy line between the towns of Braintree
Acts, 1903. — Chap. 150. 115
and Holbrook, viz. : — Beginning at the corner of Brain- ^"^biish^d
tree, Holbroolv and Weymouth, marked by a granite
monument k>ttcred H W ; thence running north, eighty-
nine degrees tifty-three minutes west, seven tliousand one
liundred .sixty-seven feet to a point at the soutliwesterly
corner of Pine and Division streets opposite the house of
W. W. Wentwortli; thence south, eighty-eiglit degrees
thirty-seven minutes Avcst, nine liundred and twenty-seven
feet to a j^oint near the southeasterly corner of Franklin
and Division streets ; thence north, seventy-nine degrees
eight minutes Avest, one hundred and ninetj^-six feet to a
point at the northwesterly corner of Washington street
and an old road forming a continuation of Division street ;
thence north, eighty-eight degrees thirty-five minutes
Avest, thirteen hundred and tifty-eight feet to an angle
in the northerly side line of said old road ; thence north,
eighty-six degrees four minutes Avest, twentj^-scven hun-
dred and six feet to the centre of Tumbling brook at a
point opposite the granite monument lettered II B, stand-
ing on the easterly bank about five feet from the centre
of the brook; said point being the corner of Braintree,
Holbrook and Randolph. The board of harbor and land f.'^'i'*''^^
commissioners is hereby directed to file a plan of this line
Avith the secretary of the Common Avealth.
Section 2. This act shall take effect upon its passage.
Approved March 11, 1903.
An Act to riioviDE that peksons employed by the united (^Jjpjj I5Q
STATES GEOLOGICAL SURVEY OK BY THE BOARD OF HAKBOK
AND LAND COMMISSIONERS OF THE COMMONAVEALTH 3IAY ENTER
UPON PUBLIC OR PRIVATE LAND IN THE COMMONWEALTH.
Be it enacted, etc., as follows :
Section 1. Persons employed b}^ the United States certain per-
geological survey or by the board of harbor and land InteVupoa
commissioners of the Commonwealth may enter upon {'rj^ateTana
public or private land Avithin the CommonAvealth when- ^^'^■
ever it may be necessary for them to do so for the purposes
of said survey : jrrovided, that no unnecessary injury is Proviso,
done by any such entry.
Section 2. In case any damage to propert}^ is sus- Damages,
tained by any person by reason of any entry as aforesaid,
if the parties interested cannot agree upon the amount to
be paid therefor, the damages shall be determined in the
116
Acts, 1903. — Chaps. 151, 152.
manner provided in sections ten, eleven and twelve of
chapter one of the Revised Laws.
Section 3. This act shall take effect upon its passage.
Approved March 11, 1903.
Chap.151
Questions
propounded
by the exam-
iriing board
ol the militia
to l)e l)aRed
on certain
military text-
boolis, etc.
Repeal.
An Act relative to the examining board of the militia.
Be it enacted, etc., as folloivs :
Section 1 . All questions propounded in examinations
as to the technical military qualifications of an officer,
as provided in section fifty-nine of chapter sixteen of the
Revised Laws, shalTbe based on military text-books of
recognized authority to be selected from time to time by
the examining board. The titles of all books so selected,
and the specific parts thereof adopted by said board as the
basis of examination, shall be promulgated to the volun-
teer militia by the commander-in-chief in such a manner
as to indicate the exact scope or standard retjuired of can-
didates in each respective grade or staff position, and the
quartermaster general shall furnish upon requisition, to
officers accountable for public property, copies of said
books for the use of such officers and of those belonging
to their commands. The examining board shall prepare
new sets of questions substantially difi'erent from those
previously in use at least once in every two years.
Section 2. All acts and parts of acts inconsistent
herewith are hereby repealed.
Section o. This act shall take effect upon its passage.
(The forego in// teas la id before the f/overnor on the ninth
day of March^ 1903, and after five days it had the force
of a Jait\ as prescribed by the Constitution, as it was not
returned by him with his objections thereto within that
time.)
Chci')J.\5^ -^^ -^^"^ '^^ extend and define the right of veto of the
MAYOR of the CITY OF NEWTON, AND TO FIX THE VOTE
requisite FOR THE GRANT OF STREET RAILWAY LOCATIONS IN
THAT CITY.
Be it enacted, etc., as follows :
Section twelve of chapter two hundred and eighty-three
of the acts of the year eighteen hundred and ninety-seven
is hereby amended by striking out the words ' ' required
by law to be presented to the mayor ", in the second and
1897, 283, § 12,
amended.
Acts, 1903. — Chap. 158. 117
third lines, and inserting in place thereof the words : —
except those relating to matters of procedure or to the
election or confirmation of officers, — and by adding at the
end of said section the words : — No location of tracks of
a street railway company under any laws now or here-
after in force relating thereto shall be granted except by
vote of a majority of all the members of the board, taken
by yea and nay, — so as to read as follows : — Section 12. certain ordi-
T^ T 1 1. ^, 1/. nances, etc.,
jLvery ordinance, order, resolution or vote of the board of to be apyroveci
aldermen, except those relating to matters of procedure
or to the election or confirmation of officers, shall be pre-
sented by the clerk of said board to the mayor for his
approval in writing ; and thereupon the same proceedings
shall be had as are provided by law in relation to similar
ordinances, orders, resolutions and votes of a city coun-
cil. The clerk shall hold every such ordinance, order,
resolution or vote for twenty-four hours, Sundays and
legal holidays excepted, and if during such time a notice
of a motion to reconsider is filed with the clerk by any
member entitled to make such motion the ordinance,
order, resolution or vote shall be presented to the board
at its next meeting ; otherwise it shall be presented to
the mayor at the expiration of said twenty-four hours.
No location of tracks of a street railway company under Granting of
any laws now or hereafter in force relating thereto shall trmka oic street
be granted except by vote of a majoritj' of all the mem- paniVlf *^*^™'
bers of the board, taken by yea and nay.
Approved March 16, 1903.
Chap.153
An Act relative to the indian cemetery in the town of
dartmouth.
Be it enacted, etc., as foUoivs :
Section 1 . The South Dartmouth Cemetery Associa- Management,
tion is hereby authorized to care for and control the old oid'indian
Indian cemetery, so-called, in the town of Dartmouth, and Dartmouth!
to make all reasonable rules for the management and pro-
tection of the same, and to erect therein any structures
that may be necessary or convenient for its preservation
or embellishment. Nothino- herein shall aftect the rig-hts
of any person holding title in or to said old Indian ceme-
tery.
Section 2. Thisactshall take effect upon its passage.
Approved March 16, 1903.
118
Acts, 1903. — Chap. 154
Town of
I'lynioutli
UKiy L'sliiV)lish
a bbard ol'
pu)<lic works,
etc.
Powera,
duties, etc.
Ch(in.\54: -'^^ -'^CT TO AUTHORIZE THE TOWN OF PLYMOUTH TO ESTABLISH
A BOAKD OK PUBLIC WORKS.
Be it enacted., etc., as follows :
Section 1. Upon the acceptance of this act as herein-
after provided the selectmen of the town of ♦Plymouth
shall elect by ballot three persons, Avho shall serve and
be known as commissioners of })ublic works, and who
shall hold oiiice, one until the expiration of three years,
one until the expiration of two years and one until the
expiration of one 3^ear, from the date of their appoint-
ment. Thereafter one such commissioner shall bi' elected
annually by the selectmen to serve for the term f)f three
years. The commissioners shall serve until their succes-
sors are elected and qualified. Any vacancy in the said
board may be tilled for. the unexpired term by the select-
men at any legal meeting.
Section 2. Upon the election of said commissioners
or a majority of them the office of water commissioners
of said town shall be abolished, and thereupon all the
powers, duties and liabilities conferred or imposed by law
upon the said water commissioners shall be conferred and
imposed upon the said commissioners of public works.
The aforesaid transfer of poAvers, duties and liabilities
shall not affect any liability incurred or contract made
before such transfer, or any suit or other proceeding then
pending.
Section 8. The said board, in matters concerning the
construction, maintenance and repair of streets, ways,
bridges, sidewalks, public sewers and drains, moiuunents
at the termini and angles of roads, guide posts, shade
trees, the watering of streets, and the locating and re-
moving of poles, wires, pipes and fixtures, other than
those of a street raihvay company, in or over any street,
shall exclusively have the powers and be subject to the
duties, liabilities and penalties of the selectmen and sur-
veyors of highways and the superintendent of streets.
Section 4. Said commissioners shall be sworn to the
faithful discharge of their duties, and shall receive such
compensation for their services as the town may deter-
mine, and shall be subject to such rules and regulations
as the town \W2t,y impose by its vote. They shall incur no
expense beyond what is authorized by the town, and they
Construction,
etc., of streets,
ways, etc.
Oath of office,
compensation,
etc.
Acts, 1903. — Chaps. 155, 156. 119
may appoint a superintendent and such other officers as in
their judgment may be necessary.
Section 5. This act except as provided in the follow- wheutotake
Ing section shall take effect upon its acceptance by a two
thirds vote of the legal voters of the town of Plymouth
present and voting thereon at a town meeting duly called
for the purpose.
Section (5. So much of this act as authorizes its sub- f^**,*^' 'li'* ^
to taJje ettect
mission as aforesaid shall take effect upon its passage. upon its
*■ 1 o passage.
Approved March 16, 1903.
Chap.155
An Act to remove the conditions on which a certain fund
acquired by the sale ok fishery rights is held by the
town op weymouth.
Be it enacted, etc., as foHoirs :
Section 1. Section five of chapter ninety-two of the i846, 92, §5,
acts of the year eighteen hundred and forty-six is hereby ^*^^"^'^ ^
repealed.
Section 2. This act shall take effect upon its passage.
Approved March 10, 1903.
Chap.156
An Act to ratify and confirm certain proceedings 01?' the
foxborough water supply district.
Be it enacted, etc., as follotvs :
Section 1. The Foxborough Water Supply District ceitam action
is hereby authorized to continue to withdraw the subter- water supp'if
ranean waters in the land heretofore purchased and taken ttrmed^to?
by said district, by means of a pumping station and driven
wells upon said land, for the purposes of its water supply ;
and the action of said district in constructing and operat-
ing said pumping station is hereby ratified and confirmed.
Section 2. The said district shall be liable for all Damages.
damages to property sustained by any person or corpora-
tion by reason of the right conferred by this act to with-
draw said subterranean AVaters, and such damages may be
recovered upon a petition fik^d within one year after the
passage of this act, in the manner provided by section
three of chapter one hundred and ninety-six of the acts of
the year eighteen hundred and seventy-nine.
Section 3. This act shall take effect upon its passage.
Approved March 16, 1903.
120
Acts, 1903. — Chap. 157.
R. L. 12, § 41,
ainentled.
Notices of
asseBSiuent
to be g'iveu
by assessors,
etc.
ChCLV 157 ^'^ ^^^ RFXATITE TO NOTICES OF ASSESSMENT TO BE GH^EN BY
ASSESSORS.
Be it enacted, etc., as folloius :
Skction 1. Section forty-one of chapter twelve of the
Revi.sed Laws is hereby amended by striking out the whole
of said section and inserting in place thereof the follow-
ing : — Section 41. Assessors before making an assess-
ment shall give seasonable notice thereof to all persons,
firms and corporations, domestic or foreign, subject to
taxation in their respective cities and towns. Such notice
shall be posted in one or more pul)lic places in each city
or town, or shall be given in some other sufficient manner,
and shall require the said persons, firms and corporations
to bring in to the assessors, before a date therein specified,
in case of residents a true list of all their polls and per-
sonal estate not exempt from taxation, and in case of non-
residents and foreign corporations a true list of all their
personal estate in that city or town not exempt from taxa-
tion, and may or may not require such list to include their
real estate which is subject to taxation in that city or town.
It shall also require all persons and corporations, except
corporations making returns to the insurance commis-
sioner as required by section nineteen of chapter one hun-
dred and eighteen, to bring in to the assessors before a
date therein specified, which shall not be later than the
first day of July then following, unless the assessors for
cause shown extend the time to the first day of August,
true lists of all real and personal estate held by them re-
spectively for literary, temperance, benevolent, charitable
or scientific purposes on the preceding first day of May,
or at the election of such corporation on the last day of
its financial year last preceding said first day of May, and
to st.ate the amount of receipts and expenditures for said
purposes during the year last preceding said days. The
notice shall contain the provisions of section forty-five.
Section 2. This act shall take efi'ect upon its passage.
Approved March 10, 1903.
Acts, 1903. — Chaps. 158, 159. 121
An Act to protect public parks and parkways from dis- QJid^j 1 5g
FIGUREMENT BY ADVERTISEMENTS.
Be it enacted., etc., as follows :
Section 1. The metropolitan park commission and ^"/f 1^ '^**'-£,
the officer or officers having charge of public parks and to protect pub-
iways in any city or town may make such reasonable irom disflgure-
rules and regulations respecting the display of signs, os'ements'.^ ^'^^
posters or advertisements in or near to and visible from
public parks and parkways entrusted to their care, as
they may deem necessary for preserving the objects for
which such parks and parkways are established and main-
tained.
Section 2. The commission or officers aforesaid shall Notice to be
give notice of all rules and regulations made by them
under authority of this act by posting the same in three
or more public places in the city or town in which the
public park or parkway is situated, and by publishing the
same in some newspaper, if there be one, published in
such city or town. Such notice shall be deemed legal
notice to all persons.
Section 3. Whoever violates any rule or regulation Penalty for
made and published as aforesaid shall be punished by a rules, etc.
fine not exceeding twenty dollars for each offence ; and
any sign, poster or advertisement erected or maintained
in violation of any such rule or regulation shall be deemed
a public nuisance. Apjn-oved March 17, 1903.
An Act to authorize the pittsfield coal gas company, (JJinj) I59
UNDER certain CONDITIONS, TO FURNISH GAS AND ELECTRICITY
IN THE TOAVN OF D ALTON.
Be it enacted^ etc. , as folloius :
Section 1. The Pittsfield Coal Gas Company is hereby The pittsfleid
authorized, upon the api)roval of the board of gas and coillpViuy may,
electric light commissioners, and with the consent of the ""u^,j\io*ifsf^°
selectmen of the town of Dalton, to furnish gas and elec- auTeiectricity
tricity for heat, light and power in the town of Dalton, inDaiton.
with all the rights, powers and privileges and subject to •
all the duties, restrictions and liabilities set forth in all
general laws now or hereafter in force applicable to such
corporations.
Section 2. This act shall take effect upon its passage.
AjyjJroved March 17, 1903.
122 Acts, 1903. — Chaps. 160, 161.
ChCLV.XQO An Act to authorize the town of marshfield to pay a
SUM OF MONEY TO UKADFOKD L. IIOWAUU AND TO LEOALIZE
the ACTION OF THE TOWN IN IMIOVIDING FOR SUCH PAYMENT.
Be it enacted, etc., as folloivs :
Marshfleki'^ SECTION 1. The towH of Marshfield is hereby author-
Howanl.
legalized.
may pay a i^ecl to pav to Bradford L. Howard a sum not exceedintj'
sum 01 inoD6y i •/ c
to Brad ford L. one thou.sand dollars, as compensation for the demolition
by hrewards of the town of a certain building belonging
to said Howard situated in the village of Brant Rock,
so-called, in said town, during the progress of a fire in
said village on the twenty-fourth day of February in the
year nineteen hundred and two. This sum is to be paid
in settlement of the action brought by said Howard
against said firewards to recover damages for the demo-
ouqwu'*'^^'' lition of said building. Any and all votes of the said
town passed at a special town meeting held on the nine-
teenth day of Januaiy in the year nineteen hundred and
three whereby the town voted to assume the settlement
of the said action are hereby declared legal and valid.
Section 2. This act shall take eft'ect upon its passage.
Approved Marclt 17, 1903.
Gh(ip.\(y[. ^^ ^'^'^ RELATIVE TO LANDS TAKEN FOU THE PURPOSES OF
WATER SUPPLY.
Be it enacted, etc., as follows :
fmeiided?^'' SECTION 1. Section twelve of chapter twelve of the
Revised Laws is hereby amended by adding at the end
thereof the following : — If land within any city or town
shall have been taken from such city or town ff)r said
purposes, and for any one of the three years prior to the
taking shall have been used for any public })urpose, and
for that reason no taxes shall luiVe been collected thereon,
the city or town and the board or officer having charge
of the water supply may within six years after the taking-
agree as to the value of the land upon which the annual
payment is to be made as aforesaid from the time of the
taking, and if they cannot agree the board or officer shall
notify the city or town thereof; and thereupon the value
shall be determined by the superior court under the pro-
visions of said sections seventy-eight and seventy-nine,
and said notice shall be deemed to be the notice referred
Acts, 1903. — Chap. 162. 123
to in said section seventy-eight. Tlie provisions of this
section and of the two preceding sections shall apply to
property acquired for the purposes of the metropolitan
water supply, — so as to read as follows : — jSection 12. J^^^^^^^^.
The assessors of a city or town in which land is ac(iuired a city or town
ill miotiicr
by another city or tow-n for the purpose of a water supply city or town
shall, within one year after such acquisition, determine suppip* "^"^
the said average valuation of such land, and certify the
amount so determined to such other city or town. The
mayor of a city or the selectmen of a town, within six
months after receipt of said certificate, may appeal from
such determination to the superior court for the county
where the land lies ; and said court shall determine such
valuation in the manner provided in the two preceding
sections, and the provisions of sections seventy-eight and
seventy-nine, so far as applicable, shall govern such appeal.
If land within any city or town shall have been taken valuation
^^ , , ol certain
from such city or town for said purposes, and tor any one lanci, how
cltit6rniiiniu.
of the tliree years prior to the taking shall have been
used for any public purpose, and for that reason no taxes
shall have ]3een collected thereon, the city or town and
the board or officer having charge of the water supply
may within six years after the taking agree as to the
value of the land upon which the annual payment is to
be made as aforesaid from the time of the taking, and if
they cannot agree the board or officer shall notify the
city or town thereof; and thereupon the value shall be
determined by the superior court under the provisions
of said sections seventy-eight and seventy-nine, and said
notice shall be deemed to be the notice referred to in
said section seventy-eight. The provisions of this section
and of the two preceding sections shall appl}^ to property
acquired for the purposes of the metropolitan water supply.
Section 2. This act shall take effect upon its passage.
Approved 3farcJi 1.9, 1903.
An Act to provide von thk better protection of marsh QJf^ff) 162
AND BEACH BIRDS.
Be it enacted, etc., as follows :
Section five of chapter ninety-two of the Revised Laws R- l- »i, § 5,
is hereby amended by striking out the word " May", in ^^^^
the third line, and inserting in place thereof the word : —
March, — so as to read as follows : — • Section 5, Who-
124
Acts, 1903.
Chap. 163.
cjos^e season ever takes or kills a plover, snipe, sandpiper, rail or any
birds and of tlic so-called sliore, marsh or beach birds between the
1. geo 8, e . ^^^^^ ^^^^ ^^ March and the fifteenth day of July, or a
Avild or passenger pigeon, gull or tern at any time, shall
be punished by a fine of ten dollars for every bird so
taken or killed ; but the provisions of this section shall
not apply to the groat American herring gull nor to the
great black-backed gull between the first day of Novem-
ber and the first day of May following.
Approved March 18, 1903.
The Boston
and Worces-
-ler Street Rail-
Avay Company
may construct
au(l operate
its railway
over certain
tracks, etc.
CV/rt7?.163 An Act to authorize the boston and woucestek street
RAILWAY COMPANY TO CONSTRUCT AND OPERATE ITS RAILWAY
OVER THE TRACKS OF THE BOSTON AND ALBANY RAILROAD IN
THE CITY OF NEWTON.
Be it enacted, etc., as follows:
Section 1. The Boston and Worcester Street Railway
Company is hereby empowered to construct and operate
its street railway over and across the tracks of the Boston
and Albany raih'oad on Boylston street in tlie city of
Newton upon a wooden trestle, which it is hereby author-
ized to construct and maintain in said Boylston street for
that purpose, in conformity with plans to be submitted
to and approved by the board of raikoad commissioners.
The use of said trestle shall be discontinued and said
trestle removed upon the completion of the work of the
abolition of the grade crossing of the tracks of said rail-
road with Boylston street.
Section 2. In constructing the said trestle a clear
headroom of sixteen feet shall 1)0 provided over the top
of the present tracks of the Boston and Albany railroad,
and the grade of the ap})roaches to the crossing upon the
trestle shall not exceed six and five tenths feet per one
hundred feet.
Section 3. The construction, maintenance and use of
the said trestle shall be deemed not to be an additional
eascnnent or servitude. If any person is legally damaged
in his property by the construction, maintenance or use
of the said trestle the damages may he assessed by a jury
of the superior court u])on proceedings conducted as pro-
vided with respect to the laying out of ways in the city
of Newton.
Section 4. This act shall take effect upon its passage.
Approved March 18, 1903.
Consti'uction
of trestle, etc,
Damages, etc.
Acts, 1903.— Chaps. 164, 165. 125
An Act relative to the furnishing of power by gas and (JJinyy 164,
ELECTRIC LIGHT COMPANIES.
Be it enacted^ etc., as follows:
Section thirty-three of cliapter one hundred and twenty- r. l. 121, § 33,
one of the Revised Laws is hereby amended by striking *'"^°**®'^-
out the word "and", in the third line, and inserting in
place thereof the word : — or, — by striking out the words
"or heat", in the fourth line, and inserting in })lace
thereof the words : — heat or power, — and by striking out
all of said section after the word ' ' company ", in the tenth
line, and inserting in place thereof the words: — engaged
in the manufacture and sale of gas to suppl}' the })etitioner
with gas for any of said purposes, or the corporation or
company engaged in the manufactm-e and sale of elec-
tricity to su})ply the petitioner with electricity for any of
said })urposes, upon such terms and conditions as are legal
and reasonable, — so as to read as follows : — Section 33. supply of gas
Upon the })etition in writing of any person who has a how enforceil.
residence or place of business in a city or town in which
a corporation or company is engaged in the manufacture
or sale of gas or electricity for light, heat or power, and
who is aggrieved by the refusal or neglect of such corpo-
ration or company to supply him with gas or electricity,
the board of gas and electric light commissioners may,
after notice to the corporation or company to appear at
a time and place therein named to show cause why the
prayer of such petition should not be granted, issue an
order directing and requiring the corporation or com-
pany engaged in the manufactiu'c and sale of gas to sup-
ply the petitioner with gas for any of said purposes, or
the corporation or company engaged in the manufacture
and sale of electricity to supply the petitioner with elec-
tricity for any of said ])urposes, upon such terms and con-
ditions as are legal and reasonable.
Approved March 19, 1903.
An Act to extend the privileges of admiral sir isaac ni^rfj^ 1(^/5
coffin's lancasterian school.
Be it enacted, etc., as folloivs :
Section 1 . Section one of ' ' An Act to incorporate a I827, 1, § 1,
school at Nantucket by the name of Admiral Sir Isaac
Coffin's Lancasterian School ", approved on the eighth
126
Acts, 1903. — Chap. 165.
Ailiniial Sir
Isaac Collin's
I-.aU('a8tefiaii
School incor-
porated.
1827, 1, § 2,
amended.
Maj- hold
property, etc
day of June in the year eighteen hundred and twenty-
seven, is hereby amended by inserting after the word
" English", in the seventli line, the words : — elassical or
commercial, — and by inserting after the word "Nan-
tucket", in the eleventh line, the words: — and others;
and to teach manual training in connection with the
aforesaid branches, or separately as a manual training
school, — so as to read as follows: — Section 1. Be it
endcted by the Senate and Houxe of Rej))-eseutatives, in
General Court assembled, and hij aidltorlti/ of tlie same.
That there be, and hereby is established, in the toAvn of
Nantucket, in the county of Nantucket, a school by the
name of Admiral Sir Isaac Coffin's Lancasterian School,
for the purpose of promoting decency, good order and
morality, and for giving a good English, classical or com-
mercial education to the youth who are descendants of the
late Tristram (^offin, (who emigrated from England about
the year l(i41, first settled at Salisbury in Massachusetts
Bay, now state of Massachusetts, and from thence removed
to the town of Sherburne, now Nantucket,) and others;
and to teach manual training in connection with the afore-
said branches, or separately as a manual training school,
as the trustees for the time being shall direct ; and that
William Coffin, Ariel Coffin, Gorham Coffin, Jared Coffin,
Thaddeus Coffin, and Charles G. Coffin, with such others
as they may add to their number, be nominated and
appointed trustees ; and they are hereby incorporated
into a body politic, by the name of the Trustees of Admi-
ral Sir Isaac Coffin's Lancasterian School, and they and
their successors shall be, and continue a body politic
forever.
Section 2. Section two of said act is hereby amended
by striking out the word "three", in the eleventh line,
and inserting in place thereof the word: — ten, — so as
to read as follows : — Section 2. Be it further enacted.
That all lands, buildings, monies, or other property here-
tofore given or subscribed for the purpose of establishing
the aforesaid school, or which shall hereafter be given,
granted, or assigned to the said trustees, shall be con-
firmed to the said trustees, and their successors, in that
trust forever, for the uses for which said school is estab-
lished, and the said trustees shall be capable of having,
holding, and taking in fee simple, by gift, grant, devise,
or othenvise, any lands, tenements, or other estate, real
Acts, 1903. — Chaps. 166, 167. 127
or personal, provided that the annual income of the same
shall not exceed the sum of ten thousand dollars, and
shall apply the interest, rents, and profits thereof, so as
most to promote the design of the institution.
Approved March 19, 1903.
An Act to exempt the new york, new haven and hartfokd (JJiapAQQ
RAILROAD BENEFICIAL ASSOCIATION FROM THE PROVISIONS OF
LAW RELATIVE TO FRATERNAL BENEFICIARY CORPORATIONS.
Be it enacted, etc., as follows :
Section 1. The Ncav York, New Haven and Hartford Exempt fiom
... -.J. certain pro-
Railroad Beneficial Association is hereby exemiited from visions of law
rdcitivG to
the provisions of chapter one hundred and nineteen of fraternal
the Revised I^aws relative to fraternal beneficiary corpo- corporaticfns.
rations, except the provisions of section fourteen of said
chapter.
Section 2. This act shall take effect upon its passage.
Approved March 19, 1903.
Chap.167
An Act to revive and continue the corporate authority
OF the OAKHAM STREET RAILWAY COMPANY.
Be it enacted, etc., as folloivs :
Section 1. The oro;anization of the Oakham Street ^je^^^^^^^l"^
. o . . 1 /:> 1 <> "^^ "i^ Oakham
Railway Company as it existed prior to the first day oi street Railway
December in the year nineteen hundred and two is hereby revived, etc.
revived, and all the rights and privileges possessed by said
company prior to said date are revived, restored and con-
tinued as though they had never ceased.
Section 2. Section seven of chapter three hundred 1901,337, §7,
'^ . Ill amended.
and thirty-seven of the acts of the year nineteen hundred
and one is hereby amended by striking out the word
" two ", in the fourth line, and inserting in place thereof
the word : — five, — so as to read as follows : — Section 7 . Authority to
m i'i 1111 -c •^ cease unless
The authority hereby pranted shall cease 11 two miles cemincon-
of the proposed railway are not constructed and put in compiled with.
o]ieration })rior to the first day of December in the year
nineteen hundred and five and if said railway is not con-
structed and in operation in the town of Oakham within
four years from the granting of locations by the proper
authorities.
Section 3. This act shall take effect upon its passage.
Approved March 19 ^ 1903.
128
Acts, 1903. — Chaps. 168, 1(39.
OllCIT) 168 ^'^ ^^^ ^^ REVIVE AND CONTINUE THE CORPORATE AUTHORITY
OF THE RUTLAND STREET RAILWAY COMPANY.
• Be it enacted, etc., as follows:
Section 1. The organization of the Rutland Street
Railway Company a.s it existed i)rior to the fir.st day of
December in the year nineteen hundred and two is hereby
revived, and all the rights and privileges possessed by
said company prior to said date are revived, restored and
continued as though they had never ceased.
Section 2. Section seven of chapter tliree hundred
and thirty-eight of the acts of the year nineteen hundred
and one is hereby amended by striking out the word
" two", in the fourth line, and inserting in place thereof
the word : — five, — so as to read as foUoAvs : — /Section 7.
The authority hereby granted shall cease if four miles
of the proposed railway are not constructed and put in
operation prior to the first day of December in the year
nineteen hundred and five and if said railway is not con-
structed and put in operation in the town of Rutland
within five years from the granting of locations by the
proper authorities.
Section 3. This act shall take effect upon its passage.
Approved March 19, 1903.
Organiz.atiou
of tlie Rutland
Street Railway
Company
revived, etc.
1901, 338, § 7,
amended.
Authority to
cease unless
certain con-
ditions are
complied with.
Chci7).\'&d ^^ ^^"^ "^^ REVIVE AND CONTINUE THE CORPORATE AUTHORITY
OF THE E.SSEX COUNTY STREET RAILWAY COMPANY.
Be it enacted, etc.^ as follows:
Section 1. The organization of the Essex County
Street Railway Company as it existed prior to the twen-
tieth day of November in the year nineteen hundred and
two is hereby revived, and all the authority, rights and
privileges possessed by said company prior to that date
are hereby revived, restored and continued as though they
had never ceased.
Section 2. The time limit for constructing and put-
ting in operation the railway of the said company is hereby
extended until the first day of December in the year nine-
teen hundred and four.
Section 3. This act shall take etl'ect u})()n its passage.
AjJjoroved March 19, 1903.
Organization
of the Essex
County Street
Railway
Company
revived, etc.
Time
extended.
Acts, 1903. — Chap. 170. 129
An Act to authorize the school committee of the city of (JJinry 1 7Q
BOSTON to make ADDITIONAL APPKOPKIATIONS IN THE PRESENT
YEAR FOR THE SUPPORT OF THE PUBLIC SCHOOLS.
Be it enacted, etc., as follows :
Section 1, Section one of chapter four hundred of etc!*' amended.
the acts of the year eighteen hundred and ninety-eight,
as amended by section one of chapter four hundred and
forty-eight of the acts of the 3^ ear nineteen hundred and
one, is liereby further amended by adding at the end
thereof the words : — provided, that in the year nineteen
hundred and three the school committee, instead of appro-
priating the said forty cents upon every such one tliou-
sand dollars solely for new school buildings, lands, yards
and furnishings, as aforesaid, may appropriate such por-
tion thereof as the mayor of the city ma^^ approve, not
exceeding sixty thousand dollars, for the support of the
public schools in addition to the amounts hereinbefore
authorized to be used for that purpose, — so as to read as
follows : — Section 1. The school committee of the cit}' of school com-
Boston, in each year, by vote of two thirds of all its mem- ton may make
bers, taken by yeas and nays, may make an appropriation ^onsX"*^
in one sum for constructing and furnishing new school poses! etc!'
buildings, including the taking of land therefor and for
school yards, and the preparing of school 3'ards for use,
and may also make an appropriation in one sum for re-
pairs and alterations of school buildings, and may make
such other appropriations by items for the support of the
public schools as it deems necessary. The total amount
to be used in any one year for the public schools of the
city and their support, in addition to the money which
may be given therefor, the income collected, the balance
of appropriations of years preceding such year, and the
money which may be authorized by acts of the general
court passed prior to the year nineteen hundred and two
and not repealed, shall not exceed, prior to said last
named year, an amount equal to two dollars and ninety
cents, and after the year nineteen hundred and one an
amount equal to three dollars and forty cents, upon each
one thousand dollars of the valuation on which the appro-
priations of the city council are based ; and the amount
which may so be raised shall be appropriated by the
Proviso.
130 Acts, 1903. — Chap. 171.
school committee as aforesaid, and shall be a part of and
be met by taxes \nthin the tax limit ; and of said amount
of three dollars and forty cents not less than forty cents
upon every such one thousand dollars shall be ai)i)ropri-
ated solely for new school buildings, lands, yards and
furnishings as aforesaid, and not less than twenty-five
cents upon every such one thousand dollars shall be appro-
priated solely for repairs and alterations of school build-
ings : provided, that in the year nineteen hundred and three
the school committee, instead of appropriating the said
forty cents upon every such one thousand dollars solely
for new school buildings, lands, yards and furnishings,
as aforesaid, may appropriate such portion thereof as the
mayor of the city may approve, not exceeding sixty thou-
sand dollars, for the support of the public schools, in
addition to the amounts hereinbefore authorized to be used
for that purpose.
Section 2. This act shall take effect upon its passage.
Approved March 23, 1903.
Chap.VJ\ ^N -'^CT KELATIVE TO THE AMOUNT WHICH MAY ANNUALLY BE
EXPENDED FOR THE MAINTENANCE OF THE MASSACHUSETTS
NAUTICAL TRAINING SCHOOL.
Be it enacted J etc., as follows :
aiiiended^^' SECTION 1. Section fivc of chapter forty-five of the
Revised LaAvs is hereby amended by striking out the
words " not more than fifty thousand dollarts", in the first
and second lines, and inserting in place thereof the words :
— such sum as the general court may from year to year
Expense of apin'oijriate, — so as to read as follows : — /Section 5.
rnaintaming ri'i n
Massachusetts ilicy may annually expend such sum as the general
ingsctiooi.' ' court may from year to year appropriate, which shall
be })aid by the Commonwealth ; and they shall annually
submit an estimate of the expense required in making
cruises in or from the harbor of Boston, and the amount
of said estimate, after a[)proval by the governor and coun-
cil and subject to the provisions of chapter six, shall be
advanced to the commanding oflicer of the vessel de-
tailed therefor, who shall give a bond in the sum of ten
thousand dollars, with sureties approved by the gov-
ernor and council, for its proper disbursement. Said
advance shall not exceed ten thousand dollars for six
months, and shall be accounted for by properly approved
Acts, 1903. — Chap. 172. 131
vouchers within thirty days after the termination of said
cruises.
Section 2. This act shall take effect upon its passage.
Approved March 23, 1903.
Chap.ri2
An Act to incokpokate the baknstable water company.
Be it enacted, etc., as follows:
Section 1. Eben A. Thacher, John "W. Morrison, Barnstable
Frank G. Thacher, William T. Shepard and Edward M. panj^^ncOT-'
Gallagher, their associates and successors, are herebj'^ porated.
made a corporation by the name of the Barnstable Water
Company, for the purpose of supplying the inhabitants of
the towns of Barnstable and Yarmouth with water for the
extinguishment of fires and for domestic, manufacturing
and other purposes.
Section 2. Said corporation, for the purposes afore- May take cer
said, may lease, take or acquire by purchase or otherwise, landsletcy^'
as provided in the following section, the Avater of We-
quaquet lake, so-called, or any of its tributaries, or any
ground waters in the town of Barnstable, together with
such adjacent lands as may be necessary for the preser-
vation of the purity of the water and for the location of
a standpipe ; also the rights of way and easements neces-
sary for holding and preserving said Avater and for con-
veying the same across private lands if necessary for the
purposes aforesaid : provided, that no source of Avater Proviso.
supply shall be taken for domestic purposes under this
act Avithout the advice and approval of the state board of
health.
Section 3. Said corporation shall Avithin sixty days Description
after taking any land, rights of way, water rights, Avater to ijere'coi'ded.
sources or easements as aforesaid, other than b}^ purchase,
cause to be recorded in the registry of deeds for Barn-
stable county a description and maj) thereof sufficiently
accurate for identification, Avith a statement signed by
the president and treasurer of the corporation of the pur-
pose for which the same were taken. The recording
shall operate as a taking of the real estate and rights and
easements therein described.
Section 4. Said corporation may also by lease or May acquire
1 • J? '1. J.^^ £• J. other sources
purchase acquire for its purposes other sources of Avater of water
supply and other lands and water power for the purpose ^^pi^'^' ^^^
of operating pumping stations.
132
Acts, 1903. — Chap. 172.
Capital stock,
etc.
May issue
mortgage
lionds, etc.
Proviso.
Certificate
to Ije filed
before bonds
are issued, etc.
Location of
water pipes.
Damages.
Distribution
of water, etc.
Sf]CTION 5. Said corporation may, for the pur})oses
aforesaid, hold real estate not exceeding in value twenty-
five thousand dollars. Its capital stock shall not exceed
one hundred and fifty thousand dollars, and shall be
divided into shares of one hundred dollars each. If
necessary for the purposes of said corporation an increase
of cai)ital stock may be authorized by the commissioner
of corporations, in the manner provided in sections thii'ty
and thirty-one of chapter one hundred and nine of the
Revised Laws. The corporation may issue bonds and
secure the same by mortoage of its franchise and other
pro])erty : provided, that the total amount of such bonds
shall not exceed the amount of its capital stock actually
paid in. Such bonds shall be payable at the ex})iration
of periods not exceeding thirty years from the date of
issue, shall bear interest })ayable semi-annually at a rate
not exceeding five per cent per annum, and shall be de-
nominated on the face thereof, Barnstable Water Com-
pany Loan. They shall be issued only in such amounts
as may from time to time upon investigation by the
commissioner of corporations be deemed by him to be
reasonabh^ re([uisitc for the purposes for which such cor-
poration is established. A certificate setting forth the
decision of the coimnissioner shall be filed in the office
of the secretarj^ of the Commonwealth before the bonds
are issued, and the proceeds shall be applied to such
purposes as may be specified in the decision of the com-
missioner.
Section 6. Said corporation may construct and main-
tain its water pipes in or under any public way in the
towns of Barnstable or Yarmouth. The selectmen may
determine where the main line of the water pipe shall be
located in any way. Construction and repairs shall be
so carried on as not to prevent the convenient passing of
vehicles.
Section 7. Any person sustaining damage by reason
of any taking of property or other act done under au-
thority of this act may have the same assessed and deter-
mined in the manner provided in chapter forty-eight of
the Revised I^aws.
Section 8. Said cor})orati()>i may distribute water in
the towns of Barnstable and Yarmouth, may regulate the
use of such water and fix and collect the rates to be paid
therefor ; and may make such contracts with the said
Acts, 1908. — Chap. 172. 133
towns or with any fire district that may hereafter be
established therein, or with an}' individual or corpora-
tion, to suppl}' water for tlie extinguishment of fires, or
for any other puri)oses, as may be agreed upon with said
towns or Avitli such fire district, individual or corpora-
tion ; and said corporation may' establish public foun-
tains and liydrants and relocate and discontinue the same.
Skction i). The said water supply system shall be com- system to be
pleted within three years after the passage of this act. wuinu three
Sectiox 10. The toAvn of Barnstal)le shall have the l^^^^' ^^
. . , Town of Barn-
rimit at any time to take, bv ])urcliase or by exercise or stable may
, . ' */ 1 ^ J tuke franchise
the right of eminent domain, the franchise, property and property, etc. '
all the rights and privileges of said corporation on paj^-
meiit of the actual cost thereof ; and, unless the dividends
earned and declared by said company on its stock shall
be ecjual to or in excess of five i)er cent per annum,
there shall be added to the first cost such sum as will
make the net return to the stockholders five per cent per
annum on the investment. If said town slmll so take
said propert}' it may as part payment of the amoimt to
be paid for said taking assume any indebtedness of said
corporation incurred in the construction or improvement
of the property, by la^vful issue of bonds secured by
mortgage. Said corporation shall furnish to the town statement of
of Barnstable, under oath, an itemized statement of the ex^^endumes,
cost of tlie water supply system authorized under this act, furnished
together with a copy of all contracts made in providing »"""'i'iy. etc.
and constructing said system and any extension thereof,
and shall furnish to said town annually an itemized state-
ment, under oath, of its recei[)ts and expenditures and
of the dividends paid on its stock, which shall be sub-
mitted by the selectmen to the citizens of the town at
the annual town meeting. The authority to purchase or
take the franchise and property of said cor})oration 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 meet-
ing legally called for that purpose. And the taking, if
by exercise of the right of eminent domain, shall be by
filing in the registry of deeds for Barnstable county a
declaration of such taking, which shall include a certified
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 thu'ds vote as herein required.
134
Acts, 1908. — Chaps. 173, 174
When to take SECTION 11. This act shall take effect upon its accept-
ance b}' a two thirds vote of the voters of either of said
towns of Barnstable or Yarmouth voting thereon by bal-
lot at a special town meeting legally called for the pur-
pose, so far as it applies to that town. If then voted
upon and not accepted it may be re-submitted at subse-
quent tow^n meetings legally called for the purpose : i^vo-
vided, that it shall not be voted upon by either of said
towns more than twice in any one year.
Approved March 25, 1903.
Cf(Up.l73 ^^ -^^^"^ '^^ EXTEND THE AUTHORITY OF THE BOARD OF UAILROAD
COMMISSIONERS TO CERTAIN STEAMSHIP COMPANIES.
A ulhority
of board of
railroad com-
missioners
extended
to certain
steamship
companies.
Be it enacted, etc., o.s follows:
Section 1. The board of railroad commissioners is
hereby empowered and directed to perform the same
duties in respect to regulating the rates for transporting
freight or passengers charged by steamship companies
that serve as common carriers throughout the year be-
tween two or more ports in this Commonwealth, which
the said board is now or ma}'^ hereafter be empowered to
perform in the case of railroads and railways.
Section 2. This act shall take effect upon its passage.
Approved March 25, 1903.
Cha2xl74:
R. L. 118, § 43,
amended.
Disposition
of ijrotlts by
mutual fire
Insurance
companies,
etc.
An Act to regulate the disposition of pijofits by mutual
fire insurance companies.
Be it enacted, etc., as follows :
Section 1. Section forty-three of chapter one hun-
dred and eighteen of the Revised Laws is hereby amended
by striking out the words "not exceeding tw^enty per
cent ", in the sixth line, and inserting in place thereof the
Avords : — such portion as thej^ may deem best, — so as
to read as follows : — Section 43. Mutual fire insurance
companies may continue to hold as a permanent fund the
net profits, and such companies with a guaranty capital
the special reserve, already set apart as proA'ided hy law.
If such fund of any such company is less than two per
cent of its insurance in force, or if such company has no
such fund, the directors may annuall}'^ set apart such i)or-
tion as they may deem best of the net profits of the pre-
ceding year for an addition to or to establish such fund
Acts, 1903. — Chap. 175. 135
until said limit of two per cent has been reached. Such
fund shall be held for the security of the insured and
shall be subject to the provisions of law relative to the
investment of the capital stock of insurance companies on
the stock plan. The permanent fund so accumulated
shall be used for the payment of losses and expenses
when the cash funds of the company in excess of an
amount equal to its liabilities, including guaranty capital,
are exhausted; and when the said fund is drawn upon,
the reservation of profits as aforesaid may be renewed or
continued until the limit of accumulation as herein pro-
vided is reached. The income of the permanent fund
shall be included annually in the cash receipts of the
company ; but the provisions of this section shall not
aflect the rights existing on the fifteenth day of February
in the 3'ear eighteen hundred and ninety of holders of
policies in companies having a guaranty capital.
Section 2. This act shall take effect upon its passage.
Approved March 26, 1903.
Cha2).175
An Act making appropriations for continuing the publica-
- tion of the province laws.
Be it enacted, etc., as foUoivs :
Section 1. The sums hereinafter mentioned are appro- Appropna-
priated, to be paid out of the treasury of the Common- *'°"^'
wealth from the ordinary revenue, during the year ending
on the thirty-first day of December, nineteen hundred
and three, for the purpose of completing the preparation
and publication of the acts and resolves of the province
of Massachusetts Bay, to wit : —
For the salary of the editor, the sum of two thousand f^ftol'^'^*'^^*'
dollars.
For the salary of the chief clerk, fifteen hundred dol- cwef cierk.
lars.
For clerical service and a messenger, a sum not exceed- yjceiefc.^*''^"
ing three thousand four hundred dollars.
For stationery, postage, travelling and other necessary Expenses.
expenses, a sum not exceeding one hundred dollars.
For printing and binding such volumes as may be com- Printing and
pleted, a sum not exceeding three thousand dollars.
Section 2. This act shall take efiect upon its passage.
Approved March 26, 1903.
136
Acts, 1903. — Chaps. 176, 177, 178.
Ch(ip.l.7Q -^N -^CT TO AUTHOKIZE THE HOXOUKAHI.E AUTILLERY COMPANY
OF LONDON TO PAKADE WITH KIREAKMS IN THE COMMON-
WEALTH DURING THE PRESENT YEAR.
Be it enacted, etc., as follows:
The Honourable Artillery Company of London is
hereby authorized to parade with firearms in this Com-
monwealth during the present year, on the occasion of
its visit to Massachusetts at the invitation of the Ancient
and Honorable Artillery Company of Boston.
Approved March 20, 1903.
The Honour-
able Artillery
Comijauy of
London "may
parade with
lirearnis in
this Common-
wealth.
Chun 177 ^^^ ^^^ RELATIVE TO DOCUMENTS FILED WITH THE COMMISSIONER
OF STATE AID AND PENSIONS.
R. L. Zf,, § 23,
amended.
Not to apply
to cei'taiu
records, etc.
Be it enacted, etc., as folloivs :
Section 1. Section twenty-three of chapter thirty-
five of the Revised Laws is hereby amended by adding
at the end thereof the words : — The provisions of sec-
tions five and seventeen of this chapter shall not apply
to declarations, affidavits and other papers filed by claim-
ants in the oftice of the commissioner of state aid and
pensions ; nor to any records kept by said commissioner
for use for reference by the officials of his department, —
so as to read as follows : — Section 23. The provisions
of this chapter shall not api)ly to the records of the gen-
eral court. The provisions of sections five and seven-
teen of this chapter shall not apply to declarations,
affidavits and other papers filed by claimants in the office
of the commissioner of state aid and pensions ; nor to
any records kept by said commissioner for use for refer-
ence by the officials of his department.
Section 2. This act shall take eftect upon its passage.
A])2')Toved March 26, 1903.
Cha2).17S
The Heatli
Telephone
Comjiauy
may increase
Its capital
stock, etc.
An Act relative to the heath telephone company.'
Be it enacted, etc., as follows:
Section 1. The Heath Telephone Company is hereby
authorized to increase its capital stock from time to time,
under the provisions of existing laws, to an amount not
exceeding fifty thousand dollars, without selling at auc-
tion the shares not taken by stockholders as their pro-
Acts, 1903. — Chaps. 179, 180. 137
portion of such increase. Shares not so taken may be
sold by said company at a price not less than the par
value thereof in such manner as it may by vote deter-
mine.
Section 2. This act shall take effect upon its passage.
A2)2)roved March 26, 1903.
An Act to provide clerical assistance for the clerk ^J^' (7/;r/79 1 79
THE EAST liOSTOX DISTRICT Cf)URT.
Be it enacted^ etc., as folloivs :
Section 1 . From the first day of January in the year ciencai assist-
nineteen hundred and three there shall be allowed to the ofEasTBostou
clerk of the East Boston distric^t court in the city of Bos- district court.
ton for clerical assistance a sum not exceeding five hun-
dred dollars in any one year.
Section 2. This act shall take effect upon its passage.
A2)X)roved March 26, 1903.
An Act relative to appointments by the mayor ok the ni^cirf. IgQ
CITY of WORCESTER.
Beit enacted, etc., asfulloios:
Section 1. Section twenty-gix of chapter four hun- i893, 444, § 2g,
dred and forty -four of the acts of the year eighteen hun- '
dred and ninety-three is hereby amended by striking out
the words "or provided by the general laws", in the
third and fourth lines, so as to read as follows : — Section Appoiutments
26. All officers of the^ city not elected b}^ the qualified afdeimeu, etc.
voters shall be resident citizens of the city, and shall,
except as herein otherwise provided, or by ordinance, or '
by provisions of trusts, be a})})ointed by the mayor, sub-
ject to confirmation by the board of aldermen, and for
such terms respectivel}^ as are or may be fixed by law or
ordinance, or, in case of an appointment to fill a vacancy,
for the unexpired term. No appointment made by the
mayor shall be acted upon by the board of aldermen until
the expiration of one "sveek after such appointment is
transmitted to said board, except by unanimous consent
of said board. Any officer so appointed may be removed Removals, etc.
by the mayor for such cause as he shall deem sufficient
and shall assign in his order of removal, and any officer
so removed shall not be reinstated save by a three fourths
vote of the board of aldermen : the removal shall take
138
Acts, 1903. — Chap. 180.
1893, 444, §32,
amended.
City officers,
election by
city council.
Appointments
by mayor, etc.
Additional
boards and
officers may
be establislied,
etc.
Changes may
be made in
boards and
offices, etc.
effect upon the filing of the order therefor in the office of
the city clerk and the service of a copy of such order
upon the officer removed, either personally or at his last
or usual place of residence. The city clerk shall keep
such order on file and subject to public inspection.
Section 2. Section thirty -two of said cha})ter four
hundred and forty-four is hereby amended by striking-
out the words "or provided for by the general laws", in
the eleventh and twelfth lines, so as to read as follows :
— Section 32. The city council shall, annually in the
month of January, by concurrent vote, the board of alder-
men acting first, elect by ballot a city treasurer, a collector
of taxes, a city solicitor, a city auditor, a city messenger,
a city engineer, a street commissioner, a superintendent
of sewers, a superintendent of lighting streets, a water
commissioner, a water registrar, a superintendent of pub-
lic buildings, and an assistant superintendent of public
buildings. All the other officials necessary for the man-
agement of the affairs of the city whose selection is not
otherwise herein provided for, or b}'' ordinance, or by
provisions of trusts, shall be appointed by the mayor.
All officers appointed by the mayor shall be subject to
confirmation by the board of aldermen. The city council
may, from time to time, subject to the provisions of this
act and in accordance with general laws, if they exist in
any particular case, provide by ordinance, by the estab-
lishment of additional boards and other offices, for the
construction and care of the various public works and
buildings, for the management and control of a public
library and a public hospital, for the granting of licenses
other than licenses for the sale of intoxicating liquors,
and for other municipal purposes, but nothing herein
contained shall be deemed to affect the provisions of
chapter one hundred of the Public Statutes, authorizing
the ap])ointment of license commissioners in the city of
Worcester, except as hereinafti^r provided for ; may deter-
mine the number and duties of the incumbents of such
l)oards and offices, and for such purposes may delegate to
such boards and offices the administrative powers given
by general laws to city councils and boards of aldermen.
The city council may likewise, from time to time, con-
solidate boards and offices, and may separate and divide
the powers and duties of such as have already been estab-
lished, may increase the number of persons constituting
Acts, 1903. — Chaps. 181, 182. 139
either of the boards hereinl^efore specified, and when such
increase has been made may subsequently diminish the
number, may increase or diminish the number of persons
who sliall perform the duties of an office or board liere-
after established, as hereinbefore provided, and may abol-
ish an office or board so hereafter established.
Section 3. This act shall take effect upon its passage.
Approved March 26, 1903.
An Act to authorize the town of Plymouth to subscribe (JJinv) 1g1
FOR shares of the CAPITAL STOCK OR BONDS OF THE PLYM-
OUTH, CARVER AND WAREHAM STREET RAILAYAY COMPANY.
Be it enacted, etc., as folloivs :
Section 1. The town of Plymouth is hereby author- Town of
ized to subscribe for and hold shares of the capital stock mayhoid
or bonds of the Plymouth, Carver and AVareham Street ot°a certain
Railway Company to the amount of fifteen thousand dol- company.
lars and in the manner provided for by sections forty-
nine to fifty-four, both inclusive, of chapter one hundred
and eleven of the Revised Laws.
Section 2. This act shall take eftect upon its passage.
Approved March 27, 1908.
Cha2).182
An Act to authorize the city of beverly to incur indebt-
edness BEYOND the LIMIT FIXED BY LAA\% FOR THE PURPOSE
OP EXTENDING ITS SYSTEM OF SEAVERAGE.
Be it enacted, etc., as folloivs:
Section 1. The city of Beverly, in order to pay the Beverly sew
cost of constructing additions to and extensions of its Acfofi903.'
system of sewerage and sewage disposal, and of erecting
and equipping a pumping station therefor, if it be needed,
is hereby authorized to issue bonds from time to time to
an amount not exceeding one hundred thousand dollars
in addition to the amount heretofore authorized by law to
be issued by the said city for the same purpose. Such
bonds shall be denominated on the face thereof, Beverly
Sewerage Loan, Act of 1903, shall bear interest at a rate
not exceeding four per cent per annum, payable semi-
annually, and shall be payable within such periods, not
exceeding thirty years from the date of their issue, as the
city council shall from time to time determine. Said city
may sell such bonds or any part thereof at public or
140 Acts, 1903. — Chap. 183.
private sale, provided the same shall not be sold for less
than the par value thereof.
to'a"f'*etc' Si'X^TiON 2. Except as otherwise provided herein such
bonds shall be issued in aeeordance with the provisions
of chapter twenty-seven of the Revised Laws and acts in
amendment thereof and in addition thereto, and they sliall
not be reckoned in determining the legal limit of indel>ted-
ness of said city.
Section 3. This act shall take eflfect upon its passage.
A2:)proved March 28, 1903.
CAft7?.183 -^^ ^CT TO AUTHORIZE THE CITY OK KEVEKLY TO INCUR INDEBT-
EDNESS BEYOND THE LIMIT FIXED BY LAW, FOR THE PURPOSE
OF EXTENDING ITS WATER SUPPLY SYSTEM.
Be it enacted, etc., asfoUoivs:
geveriy Water SECTION 1. The city of Bcvcrly, for the purpose of
iyo3. ' paying the cost of extending its present water supply
system, is hereby authorized to issue bonds from time to
time, beyond its limit of indebtedness as fixed l)y law, to
an amount not exceeding thirt3-five thousand dollars in
addition to the amount heretofore authorized b}^ law for
the same purpose. Such bonds shall be denominated on
the face thereof, Beverly Water Loan, Act of 1903, shall
bear interest at a rate not exceeding four per cent per
annum, payable semi-annually, and shall be payable within
such i)eriods not exceeding twenty years from the dates
of issue as the cit}^ council shall from time to time deter-
mine. Said city may sell such bonds or an}' part thereof
at })ublic or private sale, provided the same shall not be
sold for less than the par value thereof.
toai3ph%lte! Section 2. Except as otherwise provided herein such
bonds shall be issued in accordance with the provisions
of chapter twenty-seven of the Revised Laws and acts in
amendment thereof and in addition thereto, and they shall
not be reckoned in determining the legal limit of indebted-
ness of said city.
Section 3. This act shall take ett'ect upon its passage.
A2J2Jroved March 28, 1903.
Acts, 1903. — Chap. 184 141
An Act to authorize the toavn op cuoveland to supply (^hnjj IQ4
ITSELF WITH WATER.
Be it enacted, etc., as follows :
Section 1. The town of Groveland, for the purpose Town of
of supplying itself and its inhabitants Avith water for the may take cer-
extinguishment of fires and for domestic and other pur- landsletc!^^'
poses, may take and hold so much as it may require for
the purposes herein mentioned, but not more than five
hundred thousand gallons in any one day, of the waters
of Johnson's pond, situated in the towns of Groveland and
Boxford, and of the waters that tiow into and from the
same ; and for the purposes aforesaid may take l)y ])ur-
chase or otherwise and hold any lands, water riglits, rights
of way and easements necessary for laying, constructing
and maintaining aqueducts, water courses, reservoirs, stor-
age basins, dams and such other works as may be deemed
necessary for purifying the sources of its Mater suppl}' and
for collecting, purifying, raising, storing, discharging,
conducting and distributing said waters ; with full power
and 'authority to construct aqueducts and maintain dams,
reservoirs, storage basins and other proper works ; to erect
buiklings and machinery ; to make and establish such i)ub-
lic fountains and hjclrants as may from time to time be
deemed proper, and to change or discontinue the same ;
to regulate the use of water and to establish the rates to
be paid therefor, and to collect the same by process of
law ; with full power and authority for the purposes afore-
said to carry any pil)e, drain or aqueduct over or under
any water course, railroad, railway, public or other way
in such manner as not unnecessarily to obstruct the same ;
to enter upon and dig up, raise and embank any such way
under the direction of the board of selectmen of the town
in which it is. situated, in such manner as to cause the
least hindrance to public travel, for the purpose of laying,
maintaining or repairing any pipe, drain or aqueduct ;
and to do any other thing necessary or convenient in
executing the purposes of this act : provided, that no Proviso,
source of water supply shall be taken under this act for
domestic purposes without the advice and approval of the
state board of health. The title to all lands purchased or Title to lands
taken under the provisions of this act shall vest in fee etcT^^^^"^ °^^°'
142
Acts, 1903. — Chap. 184
Town may
acquire certain
property of
ilic citv of
Haverhill.
Town may
contract for
the pumping,
etc., of water,
etc.
Certain righte
of town not
annulled, etc.
Description
of land, etc.,
to be recorded.
simple in the town of Groveland, and the lands taken may
be managed and controlled by the board of water com-
missioners hereinafter mentioned, in such manner as they
shall deem for the best interests of the town.
Section 2. For the purposes herein mentioned the
town of Groveland is further authorized to acquire by
purchase or by lease from the city of Haverhill the pump-
ing station, pipes, dams, machinery and other property
owned b>^ said city and used for the purpose of supplying
ward seven of said cit}^ with water, and the rights granted
to the town of Bradford by virtue of the provisions of
chapter three hundred and seventy-seven of the acts of
the year eighteen hundred and ninety-five, or such parts
thereof as the city of Haverhill, by its water commis-
sioners, and the town of Groveland may determine. For
the purposes herein mentioned said town of Groveland
may contract ^viih said city for inimping, storing and de-
livering the waters of Johnson's pond to an amount not
exceeding five hundred thousand gallons in any one day
to said town and its inhabitants, upon such terms as said
toAvn and said city by its water commissioners ma}' deem
just and equitable. For the aforesaid purposes the Avater
coumiissioners of said city are hereb}^ authorized to sell
and convey or to lease to the town of Groveland the puni})-
ing station, pipes, dams, machinery and other property of
said city used for the purposes of suppl3'ing ward seven of
said city with water, and also the rights granted to the
town of Bradford by virtue of the provisions of chapter
three hundred and seventy-seven of the acts of the 3^ear
eighteen hundred and ninety-five, and the Avater com-
missioners of the city of Haverhill are further authorized
to contract with the town of Groveland to pump, store
and deliver the waters of Johnson's })ond as aforesaid to
said town and its inhabitants. No action taken by the
town of Groveland under this section shall annul, limit
or diminish the rights granted to it under section one of
this act.
Section 3. The town of Groveland shall within ninety
days after taking any land, water rights, rights of a\ ay or
easements as aforesaid, otherwise than b}^ i)urchase, file
and cause to be recorded in the registry of deeds for the
county and district in which such land or other property
is situated a description thereof sufficiently accurate for
identification, with a statement signed by the water com-
Acts, 1903. — Chap. 184. 143
missioners hereinafter provided for of the purpose for
which the same was taken.
Section 4. The town of Groveland shall pay all dam- Damages,
ages to property sustained by any person or corporation by
the taking of any land, water, water right, easement or
other propert}', or by any other thing done by said town
under authority of this act. Any person or corporation
sustaining damages as aforesaid, and failing to agree with
the town 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,
upon the application of the town or of the person or cor-
poration sustaining damages as aforesaid, at any time
Avithin three 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 or enter-
tained after the expiration of said three years. No appli-
cation for assessment of damages for the takino; of water
or water rights or for any injury thereto shall be made
until the water is actually withdrawn or diverted by the
town under authority of this act ; and any person or cor-
poration whose water rights may be thus taken or aftected
may make ap})lication as aforesaid at any time within three
years after the time when the Avater is first so withdrawn
or diverted.
Section 5. The town of Groveland may, for the ijur- Groveiand
/, . ,1 I T 1 -Ti • • AVater Loan.
})ose ot 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
forty thousand dollars. Such bonds, notes or scrip shall
bear on their face the Avords, Groveland 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 five per
cent per annum, and shall be signed by the treasurer of
the toAvn and countersigned by the water commissioners
hereinafter provided for. Said town may sell such securi-
ties at public or private sale, at not less than the par value
thereof, or may pledge the same for money borrowed for
the purposes of this act, upon such terms and conditions
as it may deem proper.
Section 6. The toAvn shall pay the interest on the Payment of
loan as it accrues, and shall provide at the time of author-
izing said loan for the payment thereof in such annual
lU
Acts, 1903. — Chap. 184.
Town to raise
a certain sum
by taxation
annually.
Penalty for
corruption of
water, etc.
Water cotn-
missionerfl,
election,
terms, etc.
Quorum.
proportionate payments as Avill extinguish the same within
the time prescribed in this act, the first of such annual
payments to be made at or before the expiration of five
years from the date of the first issue of any of the securi-
ties authorized by this act ; and wlien a vote to tliat effect
has been passed the amount required thereby sliall without
further vote be assessed by the assessor.s of the town in
each 3'ear tliereafter until the debt incurred by the town
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 and acts in
amendment thereof.
Section 7. The said town shall raise annually by taxa-
tion 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 the interest as it accrues
on the bonds, notes or scrip issued as aforesaid b}' said
town, and to make such payments on the principal as may
be required under the provisions of this act.
Section 8. Whoever wilfull}^ or wantonly corrupts,
pollutes or diverts any water taken or held under this act,
or injures any structure, work or other property owned,
held or used b\^ the town of Groveland under the authority
and for the purposes of this act, shall forfeit and pay to
said town three times the amount of damages assessed
therefor, to be recovered in an action of tort ; and upon
conviction of any of the above wilful or wanton acts shall
be punished b}^ a fine not exceeding three hundred dollars
or by imprisonment for a term not exceeding one year.
Section 9. The said town shall after its acceptance
of this act, at a legal meeting held for the purpose
elect by ballot three persons to hold office, one until the
expiration of three j^ears, one until the expiration of two
years and one until the expiration of one year from the
next succeeding annual town meeting, to constitute a
board of water commissioners ; and at each annual town
meeting thereafter one such commissioner shall be elected
by ballot for the term of three years. All the authority
granted to the town by this act and not otherwise specially
provided for shall be vested in said board of water com-
missioners, who shall be subject however to such instruc-
tions, rules and regulations as the town may impose by
its vote. A majority of said commissioners shall consti-
tute a quorum for the transaction of business relative to the
Acts, 1903. — Chap. 185. 145
water works. Any vacancy occurring in said board for vacancy.
any cause may be filled for the remainder of the unexpired
term b^^ said town at any legal town meeting held for the
purpose.
Section 10. Nothing in this act shall be construed to certain rightfl
prevent the town of Boxford from supplying itself with Boxford not
water from Johnson's pond, independently of the town of ^ ^'^'^ '
Groveland.
Section U. The provisions of this act shall not affect of o*fvnerl^of
any right of the present or future owners of the mills and S?'"'Y^*iini
privileges now known as the Groveland Woolen Mills, not afifected.
situated in said Groveland, to draw water from said John-
son's pond for the purposes of said mills and privileges
concurrently with said town of Groveland acting under
the provisions of this act, until the water in said pond is
drawn as low as they could draw it through the outlet
from said pond toward said mills as said outlet existed on
the first day of January in the year eighteen hundred and
ninety-five.
Section 12. The town of Groveland shall provide Town to pro-
suitable appliances for measuring the quantity of water mejisuring
drawn from said Johnson's pond under the provisions of fronTjohn^"
this act, and shall keep accurate records of the same, and 1°°^^'°"'^'
such appliances and records shall be open at all reasonable
times to the inspection of all parties having an interest
therein.
Section 13. This act shall take effect upon its accept- etfecf/*' **'''*
ance by a two thirds vote of the voters of the town of
Groveland present and voting thereon 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 three. Approved March 28, 1903.
An Act to incorporate the acoaxet water supply company. (7^/77) 185
Be it enacted, etc., as follows :
Section 1. Asa R. Rowland, G. Fred Davis, Henry Acoaxet water
E. Davis, George W. Rowland and Stephen R. Rowland, panyincor™
their associates and successors, are hereby made a corpora- p*'™*^ •
tion under the name of the Acoaxet Water Supply Com-
pany, for the purpose of suppljung the residents along
the shore and in the immediate vicinity of Westport har-
bor, in the town of Westport, with water for the extin-
guishment of fires and for domestic and other purposes.
146
Acts, 1903. — CuAr. 185.
May acquire
certain land
and water
rights, etc.
Proviso.
May lay and
maintain
aqueducts,
conduits, etc.
Capital stooli.
May issue
mortgage
bonds.
Proviso.
Certillcate to
be tiled before
bonds are
issued, etc.
Town of
Westport
may take
liroperty,
rights, etc.
Section 2. Said corporation, for tlie purposes afore-
said, may aojuiro by i)urchaso or lease from Esther M.
Davis or Asa K. Ilowland, or from both said Davis and
said Plowland, land and water rights, and may hold and
convey the same, and may dig, bore or drive wells on the
land so acquired, and may construct or erect thereon such
tanks, towers, windmills, pumps, machinery, apparatus
and buildings as may be necessarj' : provided^ that no
source of water supply shall be ac(juired for domestic
purposes under authority of this act without the advice
and approval of the state board of health.
Section 3. Said corporation, for the purpose afore-
said, may lay and maintain aqueducts, conduits, pipes
and other Avorks under or over any land, water <30urses
and public or other ways, and along any highway or other
way in the town of Westport Avithin the territory specified
in the first section, in such manner as not unnecessarily to
obstruct the same ; and for the i)urpose of constructing,
laying, maintaining and repairing such aqueducts, con-
duits, pipes and other works, and for all other purposes
of this act, said corporation may dig up, raise and embank
any such lands, highwajs or other Avays in the territory
aforesaid, in such manner as to cause the least hindrance
to public travel ; but all things done upon such Avays shall
be subject to the dire(;tion of the selectmen of said toAvn.
Section 4. The ca})ital stock of said corporation shall
not exceed eight hundred dollars, to be divided into shares
of one hundred dollars each.
Section 5. Said corporation may issue bonds and
secure the same by mortgage of its franchise and other
property : provided^ that the total amount of such bonds
shall not exceed its capital stock actually paid in. Such
bonds shall be issued only in such amounts as may from
time to tiiue upon investigation by the commissioner of
corporations be deemed by him to be reasonably necessary
for the })urpose for Avhich said corporation is established.
A certificate setting forth the decision of the commissioner
shall be filed in tlic otiicc of the secretary of the Common-
Avcalth l)ef()re the bonds are issued, and the proceeds shall
be applied to such purposes as may be specified in the
decision of the commissioner.
Section (5. Hie toAvn of Westport shall have the right
at any time to take by purchase or by exercise of the right
of eminent domain, the franchise, property and all the
Acts, 1903. — Chap. 186. 147
rights and privileges of said corporation on payment of
the actual cost thereof; and, unless the dividends earned
and declared by said corporation on its stock shall be
equal to or in excess of five per cent per annum, there
shall be added to the tirst cost such sum as will make the
net return to the stockholders five per cent per annum on
the investment. If said town shall so take or purchase
said property it may as part payment therefor assume any
indebtedness of said corporation incurred in the construc-
tion or improvement of the property, by lawful issue of
bonds secured by mortgage. Said corporation shall fur- statement of
nish to the town of Westport, under oath, an itemized exijenditures,
statement of the cost of the water supply system author- furnis^hel
ized under this act, together with a copy- of all contracts a^iiuaiiy, etc.
made in providing and constructing said system or any
extension thereof, and shall furnish to said town annually
an itemized statement, under oath, of its receipts and ex-
penditures and of the dividends paid on its stock, which
shall be submitted by the selectmen to the citizens of the
town at each annual town meeting. The authority to
purchase or take the franchise and pro[)crty of said cor-
poration 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 duty called for that purpose. The
taking, if by exercise of the right of eminent domain,
shall be by filing in the registrj^ of deeds for the county
of Bristol, southern district, a declaration of such taking,
which shall include a certified 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.
Section 7. This act shall take ettect upon its passage.
Approved March 28, 1903.
An Act to authokize the town of kussell to supply itself
with water.
Be it enacted,, etc., as folloivs :
Section 1. The town of Russell ma}^ supply itself Rug^eUr
and its inhabitants, and any person, firm or corporation
doing business therein, with water for the extinguishment
of fires and for domestic and other purposes ; and may
establish fountains and hydrants and relocate and discon-
Chap.lSi^
Russell mav
148
Acts, 1903. — Chap. 186.
May take
certain waters,
lanris, etc.
Proviso.
May erect
Btructures,
lay pipes, etc,
Description
of lano, etc.,
to be recorded.
Damages.
tinue the same ; and iiiuy regulate the u.se of such -water
and fix and collect rates therefor.
Section 2. Said towji, for the piirpo.ses aforesaid, may
take by purchase or otherwise and hold and convey through
said town the waters of Blandford Road brook, Bradley
brook or Black's brook, so-called, in the town of Kussell,
or of any tributary thereof, and all the water rights con-
nected therewith, and the waters of any other ponds or
water sources within the watershed of said brooks or of
the tributaries thereof, and also all lands, rights of way
and easements nccessarj^ for holding and [)reserving such
water and for conve3dng the same to any part of said town :
provided, that no source of water sui)pl3^ for domestic pur-
poses shall be taken under this act without the advice and
approval of the state board of health. Said town may
erect upon the land thus taken or held pro})erdams, build-
ings, fixtures and 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 compk^te and effective
Avater works ; and may construct and lay conduits, pipes
and other works, under or over any lands, water courses,
railroads, railwaj s, or public or i)rivate ways, and along
any such way in such manner as not unnecessarily to ob-
struct 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, raise and embank any such lands and ways
in such manner as to cause the least hindrance to public
travel on such ways.
Section 3. Said town shall within ninety days after
the taking of any land, rights of way, water rights, water
sources or easements as aforesaid, otherwise than by pur-
chase, file and cause to be recorded in the registr}^ of deeds
for the county within which such lands or other property
are situated, a description thereof .sufficiently accurate for
identification, with a statement of the purposes for which
the same were taken, signed by the water commissioners
hereinafter provided for.
Section 4. Said town shall pay all damages to prop-
erty sustained by any person or corporation by the taking
of any land, right of way, water, water source, Avater right
or easement, or by any other thing done by the town under
authority of this act. Any person or cor})oration sustain-
Acts, 1903. — Chap. 186. 149
ing damages as aforesaid, who fails to agree with the town
as to the amount thereof, may have the same assessed and
determined in tlie manner provided by law in the case of
land taken for the laying out of highwa3's, on application
at any time within two years after the taking of such land
or other propert}' or the doing of other injury under au-
thority of this act ; but no such application shall be made
after the expiration of said two years. No such application
shall be made for the taking of any water or water rights,
or for an}' injury thereto, until the water is actually with-
drawn or diverted by said town under authority of this act.
Section 5 . In every case of a petition to the superior Town may
court for an assessment of damages the town may tender siimltshaii
to the complainant or his attorney any sum that it shall tor"da?na|e8,
think proper, 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 de-
faulted and that damages be awarded ag-ainst it for the
sum therein expressed ; and if the complainant does not
accept such sum, with his costs up to that time, but pro-
ceeds in the 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 onl}' to the date of such offer or tender.
Section 6. Said town may, for the purpose of paying Russeii water
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 twelve thousand dol-
lars. Such bonds, notes or scrip shall bear on the face
thereof the words, Russell Water Loan, shall be payable
at the expu'ation of periods not exceeding thirty years
from the dates of issue ; shall bear interest payable semi-
annuall}'- 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 pro-
vided for. Said town may sell such securities at public
or private sale 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.
Section 7. Said town shall pay the interest on the Payment of
loan as it accrues, and at the time of authorizing said ^*'^°'^*''-
150
Acts, 1908. — Chap. 186.
Town to raise
it (lei'tain sum
by taxation
annually.
Penalty for
unauthorized
use, or corrup-
tion of water,
etc.
Water com-
niissionera,
election,
terms, etc.
Vacancy,
removal, etc.
loan shall provide for the paj'ment thereof in such annual
proportionate payments as will extinguish the same within
the time prescribed in this act ; and when a vote to that
effect has been passed the amount required thereby shall
without further vote be assessed by the assessors of the
town in each year thereafter until the debt incurred l)y 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 8. Said town shall raise annually hy taxation
a sum which with the income derived from water rates will
be sufficient to pay the current annual expenses of operat-
ing its water works and the interest as it accrues on the
bonds, notes or scrip issued as aforesaid by the town, and
to enable the town to make such payments on the principal
as may be required under the provisions of this act.
Section 9. Whoever uses an}' water taken under this
act without the consent of the town, or wilfully or wan-
tonly diverts, corrupts or pollutes the same, or wilfully
or wantonly destro3^s 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
tliree times the amount of damages assessed therefor, to
be recovered in an action of tort ; and upon conviction
of any of said wilful or wanton acts shall be punished by
a fine not exceeding three hundred dollars or by impris-
onment for a term not exceeding one year, or by both
such fine and imprisonment.
Section 10. At the meeting of said town called for
the acceptance of this act, or at any legal meeting called
for the purpose, said town shall elect by ballot three per-
sons, residents of the town, to hold office, one until the
expiration of three years, one until the expiration of two
years and one until the expiration of one year from the
next succeeding annual town meeting, to con.stitute 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 such commis-
sioners shall hold office until their successors are elected,
and vacancies occurrino: durinij the term may be tilled for
the remainder of the unexpired term by vote of the town
at a meeting called for that purpose. The commissioners
shall receive such compensation for their services as the
town shall determine. Any commissioner, after due notice
Acts, 1903. — Chap. 187. 151
and hearing, may bo removed at any time by a majority
vote of the town for any cause which shall l^e deemed
sufficient and which shall be expressed in the vote of
removal.
Section 1 1 . Said commissioners shall have charge of H^^^y^^'^ ^"'^
the M'hole system of water works of the town, and they
shall superintend and direct the construction, execution
and performance of all the works, matters and things
mentioned in the preceding sections, and they may fix the
rates to be paid for the use of water. They shall be sub-
ject to such ordinances, rules and regulations in the exe-
cution of their duties as the town may from time to time
ordain and establish, not inconsistent with the provisions
of this act and with the laws of the Commonwealth. Said
water commissioners shall make all contracts for the above
purposes in the name and behalf of the town.
Section 12. This act shall take effect upon its passage, when to take
but no expenditure shall be made nor lial^ilit}^ incurred ^ ^^'•^*'-
under the same except for preliminary survej's and esti-
mates, until this act shall have been accepted b}" a vote
of two thirds of the legal voters of said town present and
voting thereon at a legal meeting called for that purpose
Arithin three years after the passage of this act, and the
number of meetings called for that purpose shall not ex-
ceed tAVO in any one year. Approved March 28, 1903.
An Act to revive and continue the corporate authority of ni^rtrf, IQ7
THE FITCHBURG AND ASHBY STREET RAILWAY COMPANY.
Be it enacted^ etc., as fulloivs :
Section 1. All the authority, rights and privileges corporate
possessed by the Fitchburg and Ashby Street Railwa}^ revived?
Company prior to the first day of November in the year
nineteen hundred and two are hereby revived, restored
and continued, with the same effect as though they had
never ceased.
Section 2. The time within which the Fitchburg and Extended.
Ashby Street Railway Company is authorized to construct
and operate its railway is hereby extended until the first
day of November in the year nineteen hundred and four.
Section 3. This act shall take effect upon its passage.
Approved March 31, 1903.
152
Acts, 1903. — Chaps. 188, 1^9, 190.
Chan.l8S -^^ -^ct relative to sentences to the state farm.
Be it enacted, etc., as follows:
R. L. 86 § 33, Section thirty-three of chapter eio'hty-five of the Revised
Laws IS hereby amended by striking out all after the word
"by", in the fourth line, and inserting in place thereof
the words : — an additional sentence to said fiirni, — so as
Penalty for ^o read as follows: — Section 33. Whoever being sen-
escape from ~
state farm, etc. tcnccd to the statc farm escapes or attempts to escape
therefrom, or from the custody of the officer while being
conveyed to said farm, may be pursued and reclaimed ; and
shall be punished by an additional sentence to said farm.
Approved March 31, 1903.
CIlCtV.^SQ ^^ ^'^^ '^^ authorize the CORPORAa'ION TIFERETII ISRAEL TO
MAINTAIN A CEMETERY.
The coriJora-
tlon Tiforeth
Israel may
hold land for
cemetery
purposes, etc.
■Rules, regu-
lations, etc.
Be it enacted, etc., as follows :
Section 1. The corporation Tifereth Israel is hereby
authorized to acquire and hold land, and to hold land al-
ready acquired, for the purposes of a cemeteiy, and to
bury therein the bodies of its deceased members and the
bodies of deceased persons belonging to the families of
the said members, at an expense not exceeding the sum
of fifty dollars in each case.
Section 2. The said corporation may make and enforce
among its members all reasonable rules for the regulation
and management of the cemetery and for burials therein
or removal of bodies therefrom, or for the erection of
monuments or other structures therein. The said corpo-
ration shall comply with all general laws relating to ceme-
teries, and with such rules and regulations as may be made
by the board of health in the city or town where the ceme-
tery is situated.
Section 3. This act shall take effect upon its passage.
Approved March 31, 1903.
CA«7?.190 ^^ ^^''^ '^^^^ AUTHORIZE THE CITY OF BOSTON TO PROVIDE FUNDS
FOR THE CONSTRUCTION OF THE EAST BOSTON TUNNEL.
Rapid Transit
Loan.
Be it enacted, etc., as foUov^s :
Section 1. The treasurer of the city of Boston shall
from time to time, at the request of the Boston transit
commission, issue and sell at public or private sale bonds
Acts, 1903. — Chap. 191. 153
of said city in excess of the issues heretofore authorized Loar?^'*'^^^'^
to an amount not exceedino- tln'ee hundred thousand dol-
es
lars. Such bonds shall be designated on their face, Rapid
Transit Loan, shall be for the term of forty years, shall be
registered or with coupons attached, and shall bear inter-
est at a rate not exceeding four per cent per annum, pay-
able semi-annually, as said treasurer shall determine, and
shall not be included in determining the legal limit of in-
debtedness of the city. Said treasurer shall apply the
proceeds of said bonds to the payment of the cost and
expenses of constructing the tunnel or tunnels to East
Boston, as authorized by chapter five hundred of the acts
of the year eighteen hundred and ninety-seven and acts
in amendment thereof and in addition thereto ; and as
required by said act shall keep a separate account of the
bonds issued and of the cost and expenses incurred in the
construction of said tunnel or tunnels.
Section 2. This act shall take eft'ect upon its passage.
Approved March 31, 1903.
Cliap.\9l
An Act relative to the finances of the city of boston.
Be it enacted, etc., as follows:
• Section 1 . All bonds and certificates of the city of ^s^"*^ of bonds
./ and fertihcates
Boston shall, in determining the debt limit, be considered of tiiecityof
as issued on the date on which they are authorized, and
may actually be issued and sold in such amounts and at
such times during the year in which they are authorized,
or thereafter, as the mayor shall from time to time request,
anything in an}^ special or general law to the contrary
notwithstanding.
Section 2. The interest received in any year on se- Disposition
curities held in the sinking fund of the city of Boston for received on
the bonds of that city issued for the purpose of supplying t^^8*,^ete^^*^"'^'"
its inhabitants with water, in excess of the amount re-
quu^ed in that year to provide a sinking fund suiEcient to
meet said bonds at maturity, shall be applied to the pay-
ment of the assessments which the city is required to pay
into the treasury of the Commonwealth on account of the
construction, maintenance and operation of the metropol-
itan water works. If the net income received by the city
of Boston in any year from its water works is not suffi-
cient to meet the payments which can by law be made
therefrom, the balance shall be raised by loan, if the city
154 Acts, 1903. — Chaps. 192, 193.
shall so determine prior to the first day of September,
otherwise by taxes, and such loans may be made and sucli
taxes assessed without further authorit}^ tlierefor.
Repeal. SECTION 3. Section three of chapter four Imndred and
twenty-seven of the acts of the year eighteen hundred and
ninety-eight is hereby repealed.
Section 4. This act shall take effect upon its passage.
Ajyproved April />, 1903.
Ch(iP.\^2 ^^ ^^"^ HRI.ATIVE TO THE TERMS OF MEMBERSHIP, QUAUEICA-
TIONS AND METHOD OF ELECTION OK MEMBERS OK THE AMERI-
CAN BOARD OK COMMISSIONERS FOR FOREIGN MISSIONS.
Be it enacted, etc., as follows:
The American SECTION 1. The American Board of Commissioners for
Board of Com- -^ . ,,. , ,. . j^- • i. i u
missionera for Foreign Missions, a religious corporation incorporated by
ivnasioiis, chapter twenty-one of the acts of the year eighteen hun-
memberehip, ^^^^^ ^^^ twclvc, is hereby authorized to define and limit
the terms of membership, qualifications, and method of
election of its members.
Repeal, ete. SECTION 2. Scctiou eight of Said chapter tAventy-one
is hereby repealed ; but no rights or privileges of mem-
bership, if any, created by or acquired under said section
eight, shall be afi'ected by this repeal.
Section 3. This act shall take efiect upon its passage.
A^jproved April 3, 1903.
ChaV 193 -^^ ^^^ "^^ AUTHORIZE THE COLLATERAL LOAN COMPANY TO
INCREASE ITS CAPITAL STOCK.
Be it enacted, etc., asfolloivs:
Thecoi^^erai Section 1. The Collateral Loan Company, a corpo-
panymayin- ration Organized under the laws of this Commonwealth,
cap'itai stock, is hereby authorized to increase its capital stock in the
manner provided by law, and at such times and in such
amounts as it may from time to time determine, by issuing
in addition to the amount of capital stock already issued
an amount not exceeding three hundred thousand dollars,
so that the entire authorized capital stock of the said cor-
poration shall not exceed six hundred thousand dollars.
Section 2. This act shall take eflfect upon its passage.
Approved April 3, 1908.
Acts, 1903. — Chaps. 194, 195, 196. 155
An Act to establish a part of the boundary link between (JJidp^lC)^
THE towns of HANSON AND PEMBROKE.
Be it enacted, etc., as follows:
Section 1. The followinoj described line shall here- Part of
1 T 1 1 i- luoundary
after be in part the boundary line between the towns oi linebetweeu
Hanson and Pembroke, to wit : — Beginning at a point Pembroke '
on the present boundary line twenty-seven and nine tenths ''^'**'^i'*'i*^'^ •
feet westerly from the present corner numbered twenty-
seven, said point to be called corner twenty-seven ; thence
with a true course south, thirty-one degrees five minutes
west, five hundred and forty-nine feet to a stone monu-
ment called corner twenty-eight ; thence crossing Main
street in the same course seventy-one and three tenths feet
to a stone monument to be called corner twenty-nine, dis-
tant sixty-six and one tenth feet westerly from the present
corner twenty-nine. All the territory in said towns lying
easterl}^ from the above described line shall be and remain in
the town of Pembroke, and all the territory lying westerly
from said line shall be and remain in the town of Hanson ,
Section 2. This act shall take effect upon its passage.
Approved April 3, 1903.
Chap.1^5
An Act relative to the arms and the great seal of the
commonwealth.
Be it enacted, etc., as foUoios:
Section 1 . No person or private corporation shall use use of the
the arms or the great seal of the Commonwealth, nor any ffthe com^ ^''
representation thereof, for any advertising or commercial ete."foTclrtain
purpose whate\'er, ^ _ _ j^lXbTtld.
Section 2. This act shall take efi'ect at the expiration when to take
of one year after its passage. Approved April 6, 1903.
An Act relative to the making and publication of returns (JJ^q^ ^Qg
OF inspection op fish.
Be it enacted, etc., as follows :
Section 1. Section five of chapter fifty-six of the r. l. 56, § 5,
Revised Laws, which provides for an annual return and ^^^^^^
publication relative to the inspection of fish, is hereby
repealed.
Section 2, This act shall take eflfect upon its passage.
Approved April 6, 1903.
156
Acts, 1903. — Chaps. 197, 198.
(Jhcip.X^l An Act relative to the rights of the town of whately in
THE WATERS OF ROARING BROOK.
Be it enacted^ etc., as foUoivs :
Section 1. Chapter four hundred and eighty-six of
the acts of the year nineteen hundred and two is hereby
amended by striking out section thirteen and inserting in
place thereof tlie following : — /''Section 13. The town of
AVhately, or any tire district that may hereafter be estab-
lished therein, shall have the right to take, within five
years after the passage of this act, such proportional part
of the waters of said brook from the reservoirs of the
South Deerfield Water Supply District as the assessed
valuation of the town of Whately, or of the property in
any fire district so established therein, is of the assessed
valuation of the property in the South Deerfield Water
Supply District ; ancl if the town of Whately or any fire
district established therein shall so take the waters of said
brook the town or such fire district shall pay to the South
Deerfield Water Supply District as damages for such
taking, such proportional part of the original cost of the
construction of said reservoirs, and of the land damages
paid by the South Deerfield Water Supply District on
account thereof and directly connected therewith, with
interest thereon, as the assessed valuation of the town of
Whately, or of the property of any fire district so estali-
lished therein, is of the assessed valuation of the property
in said South Deerfield A¥ater Supply District.
Section 2. This act shall take effect upon its passage.
Approved A2>ril 7, 1903.
1902, 486,
amended.
Town of
Whately, etc.
may take
water from
South Deer-
lield Water
Supply
DiBtrict.
Damages.
ChciV 198 ^^ ^^^ RELATIVE TO THE WATER SUPPLY OF THE AMHERST
WATER COMPANY.
1880, 179, § '
amended.
Be it enacted, etc., as foUoivs :
Section 1 , Section two of chapter one hundred and
seventy-nine of the acts of the year eighteen hundred and
eighty is hereby amended by inserting after the Avord
"Pelhain", in the fourth line, the words : — and may also
take and convey into said town of Amherst the water of
what is known as Atkins pond and of the basin connected
therewith, of Nurse brook and of Dean brook, so-called,
said brooks being about eighteen hundred feet distant
Acts, 1903. — Chap. 198. 157
from said pond and running })arallel with each other where
they cross the highway leading from the Amherst tow^n
line to East Leverett ; said pond, basin and brooks being
situated in the town of Shutesbury in the county of
Franklin, — so as to read as follows : — ^Section 2. Said wa*tCT™om^*
corporation may take, hold and convey into and through t!f]f/peJ;'J?p.;
the town of Amherst or any i)art thereof, the water of waters, real
what is known as the Amethyst brook, formerly Valley,
situated in the town of Pelham, and may also take and
convey into said town of Amherst the water of what is
known as Atkins pond and of the basin connected there-
Avith, of Nurse brook and of Dean brook, so-called, said
brooks beinof about eiohteen hundred feet distant from
said pond and running parallel with each other where
they cross the highway leading from the Amherst town
line to East Leverett ; said pond,' basin and brooks being
situated in the town of Shutesbury in the county of
Franklin ; and may take and hold by purchase or other-
wise any real estate necessary for the preservation and
purity of the same, or for forming any dams or reser-
voirs, and for laying and maintaining aqueducts and pipes
for distributing the waters so taken and held ; and may
lay its water pipes through any private lands, with the
right to enter upon the same, and dig therein for the pur-
pose of making all necessary repairs ; and for the pur-
poses aforesaid may carry its pipes under or over any
water course, street, railroad, highway or other way, in
such manner as not to obstruct the same ; and may, under
the direction of the board of selectmen, enter upon and
dig up any road or other way for the purpose of laying
or repairing its aqueducts, pipes or other works ; and in
general may do any other acts and things convenient or
proper for carrying out the purposes of this act.
Section 2. Section three of said chapter is hereby isso, 179, §3,
amended by inserting after the word ' ' taken ", in the
fourth line, the words : — in said count}^ and in the reg-
istry of deeds in the county of Franklin a description of
any lands so taken in said count}', — so as to read as fol-
lows : — Section 3. Said corporation shall, within sixty Description
11 1 1 .."^of lands to be
days alter the taking or any land under the provisions filed, etc.
of this act, file in the registry of deeds of the county
of Hampshire a description of any land so taken in said
county, and in the registry of deeds in the county of
Franklin a description of any lands so taken in said
158
Acts, 1903. — Chap. 198.
Damages.
18S0, 179, § 5,
amended.
Real and per-
sonal property
not to exceed
!i?oO,000.
Capital stock.
Source of
water supply
for domestic
purposes to
be approved
by state board
of health.
Town, etc.,
may purchase
fi-anchise and
[iropurty, etc.
county, sufficiently accurate for identification, and state
tlie purposes for which it is so taken ; and the title of
land so taken shall vest in said corporation. Any })erson
injured in any way by any acts of said corporation, and
failing to agree with said corporation as to the amoiuit of
damages, may have the same assessed and determined in
the manner jn'ovided when land is taken for highways ;
but no ai)plication shall be made to the county commis-
sioners for the assessment of damages for the taking of
water rights until the water is actually taken or diverted
by said corporation, nor after tliree years from the time
the water is actually so taken or diverted ; and no suit
for injury done under this act shall be brought after two
years from the alleged date of the injury.
Section 3. Section five of said chapter is hereby
amended by striking out the word "twenty", in the
third line, and inserting in place thereof the word : —
fifty, — and by striking out the word "seventy-five", in
the fourth line, and inserting in place thereof the words :
— one hundred, — so as to read as follows : — Section 5.
Said corporation for the purposes set forth in this act may
hold real and personal property not exceeding fifty thou-
sand dollars in value ; and the whole capital stock shall
not exceed one hundred thousand dollars to be divided
into shares of one hundred dollars each ; and said corpo-
ration may at any time issue bonds to an amount equal
to the capital stock actually paid in.
Section 4. 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.
Section 5. The town of Amherst, or any fire district
that may be established therein, shall have the right at
any time during the continuance of the charter of said
Amherst Water Company to purchase the corporate prop-
erty and all the rights and privileges of said corporation,
at a price which may be mutually agreed upon between
said corporation and the said town or fire district. In
case said corporation and said town or fire district 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 application by either
party and notice to the other, whose award when accepted
by said court shall be binding upon all parties. This
authority to purchase said franchise and property is
Acts, 1903. — Chap. 198. 159
granted on condition that the same is assented to by said
town or fire district by a two thirds vote of the voters
present and voting thereon at a legal meeting called for
that purpose.
Section 6. The said town may, for the purpose of lyratCT^Loan
paying the necessarj^ expenses and liabilities incurred
under the provisions of this act, issue from time to time
bonds, notes or scrij) to an amount not exceeding two
hundred thousand dollars. Such bonds, notes or scrip
shall bear on their face the words, Amherst Water Loan,
shall be payable at the expiration of periods not exceed-
ing 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 treasiu'er of
the town and countersigned by the water commissioners
hereinafter provided for. Said tovvn may sell such secu-
rities at public or private sale at not less than the par
value thereof, or may pledge the same for money bor-
rowed for the purposes of this act, upon such terms and
conditions as it may deem proper.
Section 7. The town shall pay the interest on the Pavment
loan as it accrues, and shall provide at the time of author-
izing said loan for the payment thereof in such annual
proportionate payments as will extinguish the same within
the time . prescribed in this act, the first of such annual
payments to be made at or before the expiration of five
years from the date of the first issue of any of the secu-
rities authorized by this act ; and when a vote to that
efiect 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 in
which other taxes are assessed under the provisions of sec-
tion thirty-seven of cha})tcr twelve of the Revised Laws
and acts in amendment thereof.
Section 8. The town shall after the acceptance of this water com.
act, at a legal meeting called for the purpose elect by bal- "leotion?'^'
lot three persons to hold office, one until the expiration '<^""8'®t<=-
of three years, one until the expiration of two years and
one until the expiration of one year after the next suc-
ceeding 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 the term of three years. All the authority granted to *
160
Acts, 1903. — Chap. 199.
Qtiorum.
Vacancy.
Town to raise
<a certain sum
by taxation
annually.
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 said town may impose by its vote, A
majority of said commissioners shall constitute a quorum
for the transaction of business relative to the water works.
Any vacancy occurring in said board for any cause may
be filled for the remainder of the unex])ired term by the
town at any legal town meeting called for the purpose.
Section 9. The town of Amherst shall raise annually
by taxation a sum which Avith the income derived from the
water rates will be sufficient to pay the current annual
expenses of operating its water works and the interest as
it accrues on the bonds, notes or scrip issued as aforesaid,
and to make such payments on the principal as may be
required under the provisions of this act.
Section 10. This act shall take eftect upon its passage.
Approved April 7, 1903.
Chan 199 -^^ -^^^ '^^ authorize the mansfield water supply district
TO make an additional water loan.
Mansfield
Water Loan,
1903.
Proviso.
Be it enacted, etc., as follows :
Section 1. The Mansfield Water Supply District, in-
corporated by chapter three hundred and thirty-six of
the acts of the year eighteen hundred and eighty-six, as
amended or aflfected by chapter one hundred and forty-
one of the acts of the year eighteen hundred and eighty-
seven, and by chapter three hundred and forty-four of the
acts of the year eighteen hundred and ninety-five, is hereby
authorized, for the purpose of enlarging and improving
its water works, to borrow a sum of money not exceeding
ten thousand dollars, and to issue bonds, notes or scrip
therefor, to be denominated on the face thereof, Mans-
field Water Loan, 1903, in addition to the amount hereto-
fore authorized to be issued by said district. Such bonds,
notes or scrip shall be issued upon the same terms and con-
ditions and with the same poAvers, and with the same pro-
visions for payment thereof, and shall be pa^^able in the
manner specified in said chapters three hundred and thirty-
six and three hundred and forty -four : 79ro^;^V?ec?, that the
whole amount of bonds, notes or scrip issued by said dis-
trict shall not exceed the sum of one hundred and ten
thousand dollars.
Acts, 1903. — Chap. 200. 161
Section 2. No money shall be borrowed, no liability issue of bonds,
shall be incurred, and no bonds shall be issued under au- thonzedbya
thority of this act without being authorized by a vote of ^te!*'^^'^^
two thirds of the legal voters of said district present and
voting thereon at a meeting duly called for that purpose.
Section 3. This act shall take effect upon its passage.
A2oprovecl April 7, 1903.
An Act to authorize the towns of abington and rockland fijjf^,r^ 200
TO TAKE AND HOLD LAND IN THE TOWN OF PEMBROKE FOR
THE PURPOSE OF PROTECTING THEIR WATER SUPPLIES.
Be it enacted^ etc., as follows:
Section 1. The towns of Abington and Rockland, and AbTngto'nand
each of said towns, may, with the consent and approval of Rockland may
the state board of health, given after due notice and a hear- lands! etc., for
ing, take by purchase or otherwise and hold lands, rights puruy^o?^
of way and easements in the vicinity of Big Sandy pond "^^'^t*''" ^"pp y-
in the town of Pembroke which may be reasonably neces-
sary for preserving the purity of the water supply of said
towns of Abington and Rockland, or either of them.
Section 2. If any lands, rights or easements are taken Description of
under authority hereof, otherwise than by purchase, the be recorded,
town or towns taking the same shall within sixty days ^^'
thereafter cause to be recorded in the registry of deeds
for the county within which the same are situated a de-
scription thereof sufficient for identification, and a state-
ment of the purpose for which they were taken, signed
by the water commissioners of the toAvn or towns taking
them. Upon the filing of a description and statement as
aforesaid the title in fee simple to the lands, rights or
easements so taken shall vest in the town or towns takino-
o
them.
Section 3. The town or towns taking land, rights or Damages,
easements under authority hereof shall pay all damages
sustained by any persons, corporations or town by such
taking ; and if the parties cannot agree upon the amount
of the said damages they may be recovered in the manner
provided by law in the case of land taken for the laying
out of highways : provided, that application therefor is Proviso,
made within tliree years after such taking.
Section 4. This act shall take effect upon its passage.
Approved April 7, 1903.
162
Acts, 1903. — Chaps. 201, 202.
1847, 40, § 6,
amended.
Damages.
O/i<^7?.201 ^^ -'^CT KELATIVE TO THE CHAPPAQUONSET IIERRIXG FISHERY IN"
THE TOWN OF TISBURY.
Be it enacted^ etc. , as follows :
Section 1. Section six of chapter forty of the acts
of the year eighteen hundred and forty-seven is liereby
amended by inserting after the word "taken", in the
second line, the words : — or of the land bordering upon
said creek, by the erection or use of huts or other struc-
tures thereon, or in any other manner pertaining to said
fishery, — so as to read as follows : — Section 6. If any
damage is sustained by the owners of the land on which
said fish are taken, or of the land bordering upon said creek,
by the erection or use of huts or other structures thereon,
or in any other manner pertaining to said fisher}^, by the
inhabitants of the town of Tisbury, the selectmen of said
town shall pay a reasonable compensation therefor, Avhen
demanded. And in case of a refusal, by the selectmen, to
pay a reasonable compensation, the same may be recovered
by an action on the case against the said town of Tisbury.
Section 2. This act shall take etfect upon its passage.
Approved April 7, 1903.
ClldV'^^^ -^^ ^^^ '^^ AUTHORIZE STREET RAILWAY COMPANIES TO ACT AS
COMMON CARRIERS OF BAGGAGE AND FREIGHT.
street railway
companies
may act as
common
carriers of
baggage, etc.
Provisos.
Be it enacted, etc., as follows :
Section 1. Street railway
companies are hereby au-
thorized to act as common carriers of baggage and freight :
provided, Jiowever, that no such company shall so act in
any city or town until, after public notice and a public
hearing, it has obtained the consent of the board of alder-
men or selectmen, or of those exercising the powers of
such boards, and also a certificate of the board of rail-
road commissioners to the eifect that public necessity and
convenience so require ; and ])rovided, further, that said
companies shall be subject to such regulations and re-
strictions as may from time to time be made by the local
authorities aforesaid, with the approval of the board of
railroad commissioners, and shall also be subject to the
provisions of all laws now or hereafter in force relating
to common carriers.
Section 2. This act shall take effect upon its passage.
Approved April 7, 1903.
Acts, 1903. — Chaps. 203, 20i. 163
Ax Act relatr-e to co-operative banks. (77z.«D.203
Be it enacted, etc., as follows:
Section 1. Section twenty-four of chapter one hun- r. l. lu, §24,
dred and fourteen of the Revised Laws is hereby amended ''™*^'^*^*^'*-
by striking out the whole of said section and inserting in
place thereof the following : — /Section 24. At each dis- co-operative
tribution of profits the directors shall reserve as a guaranty establish
fund not less than one nor more than five per cent of the fundsretc.
net profits accrued since the last preceding adjustment,
until such fund amounts to five per cent of the dues capi-
tal, which fund shall thereafter be maintained and held,
and shall at all times be available to meet losses in the
business of the corporation from depreciation of its securi-
ties or otherwise.
Section 2. This act shall take effect upon its passage.
Approved April 8, 1903.
Ax Act makixg appropriations for the lowell textile fiij^,^^ 9C\X
SCHOOL AXD the NEW BEDFORD TEXTILE SCHOOL, AND FOR ^'
CERTAIN OTHER EXPENSES AUTHORIZED BY LAW.
Be it enacted, etc., as follows:
Section 1 . The sums hereinafter mentioned are appro- Appropria.
priated, to be paid out of the treasury of the Commonwealth ^^^^^'
from the ordinary revenue, for the purposes specified in
certain acts and resolves of the present year, and for cer-
tain other expenses authorized l)y law, to wit : —
For the i)ublication of the bulletin of committee hear- Bulletin of
ings, as authorized by chapter one of the resolves of the hearings!^
present j^ear, a sum not exceeding thirty-six hundred
dollars.
For additional clerical assistance in the ofiice of the clerical
clerk of the house of representatives, as authorized by ckrkof*house.
chapter tliree of the resolves of the present 3'ear, a sum
not exceeding five hundred dollars, the same to be in
addition to any amount heretofore appropriated for the
same purpose.
For certain expenses of the Massachusetts Agricultural A'^ricuUuraf*
College, as authorized by chapter seven of the resolves of college.
the present year, a sum not exceeding twenty thousand
eight hundred and twenty dollars.
For certain improvements at the state normal school at fchoout™'^^
Salem, as authorized by chapter eight of the resolves of saiem.
164
Acts, 1903. — Chap. 204.
Executors of
will of Albert
Curtis.
Ellen M. GIU.
Lemuel D.
and Anna
Burr.
Preservation
of war records.
Patrick
Buckley.
Instruction
in riding to
mounted
militia.
Payment of
premiums
on certain
securities.
Portraits
of former
treasurers.
Preservation
of shade trees,
etc.
the present year, a sum not exceeding seven thousand
dollars.
For repayment from the treasury of the Commonwealth,
to Elijah B. Stoddard, James Logan and Charles F. Rugg,
executors of the will of Albert Curtis, late of Worcester,
as authorized by chapter nine of the resolves of the pres-
ent year, the sum of thirteen hundred and fifty-eight
dollars ; that sum having been paid by mistake into the
treasury on account of the collateral inheritance tax.
For Ellen M. Gill, as authorized by chapter ten of the
resolves of the present year, the sum of fifty dollars.
For Lemuel D. and Anna Burr, as authorized by chap-
ter eleven of the resolves of the present year, the sum of
one hundred and fifty dollars.
For the preservation of war records in the office of the
adjutant general, as authorized by chapter twelve of the
resolves 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 Patrick Buckley, as authorized by chapter thu'teen
of the resolves of the present year, the sum of one hun-
dred and sixty dollars, the same to be in addition to the
amount heretofore appropriated for the same purpose.
For givino; instruction in riding: to the mounted militia,
as authorized by chapter fourteen of the resolves of the
present year, a sum not exceeding four thousand dollars.
For the pa^aiient of premiums on securities purchased
for the Massachusetts School Fund, as authorized by
chapter fifteen of the resolves of the present year, a sum
not exceeding fifty thousand dollars, the same to be in
addition to any amount heretofore appropriated for the
same purpose.
For collecting portraits of former treasurers of the
Commonwealth, as authorized by chapter ninety-one of
the resolves of the year nineteen hundred and one, the
sum of three hundred twenty-three dollars and twenty-
five cents, being the balance of the appropriation author-
ized by chapter five hundred and thirty-two of the acts
of the year nineteen hundred and one, the same having
reverted to the treasury in accordance with the provisions
of section thirty-one of chapter six of the Revised Laws.
For the purchase of nails or spikes to be driven into
certain trees designated by the authorities of cities and
towns for the purpose- of preserving ornamental and sliade
Acts, 1903. — Chap. 204. 165
trees on public highways, a sum not exceeding one hun-
dred dollars.
For the income of the Technical Educational Fund, l^'^l'cat'ioDai
United States Grant, as authorized by chapter one hun- Fund^ G?int^
dred and nine of the acts of the present year, a sum not
exceeding three thousand eight hundred and seventy-one
dollars, said sum being the estimate of the treasurer and
receiver general.
For additional clerical assistance in the office of the clerical assist-
auditor of accounts, as authorized by chapter one hun- of auditor^
dred and twenty of the acts of the present year, a sum
not exceeding five hundred dollars, the same to be in
addition to aii}^ amount heretofore authorized for the same
purpose.
For collecting and analyzing samples of concentrated etc^,^^fmpies
commercial feed stuffs, as authorized by chapter one hun- t/ated com.
dred and twenty-two of the acts of the present year, the memai feed
sum of eighteen hundred dollars, the same to be in addi-
tion to any amount heretofore authorized for the same
purpose.
For the payment of the judgment against the Common- Payment of
wealth in favor of the American Bell Telephone Company, igafnst Com-
the sum of twenty-one dollars and sixty-five cents, the fn°favorof
same to be in addition to the thirteen hundred and fifty T^ephcfife^''"
dollars appropriated by chapter one hundred and ten of Compaay.
the acts of the present year.
For the American Insurance Company, the sum of eight ^"uriuw
hundred and nine dollars, being the amount overpaid company.
by said insurance company on their corporation tax on
the seventeenth da}" of December in the year nineteen
hundred and two.
For the New Bedford textile school, as authorized by xew Bedford
chapter nineteen of the resolves of the present year, the
sum of twenty thousand dollars.
For the Bradford Durfee Textile School of Fall River, Bradford
Durfee Textile
as authorized by chapter twenty of the resolves of the school of i^aii
present year, the sum of eighteen thousand dollars.
For the Lowell textile school, as authorized by chapter Loweii textile
school
twenty-one of the resolves of the present year, the sum
of twenty thousand dollars.
For certain improvements at the state normal school at gchoofat"^"^
North Adams, as authorized by chapter twenty-three of North Adams.
the resolves of the present year, a sum not exceeding
thirteen thousand dollars.
166
Acts, 1903. — Chaps. 205, 206.
?ecOTd8"°"^''^ For publishing the tenth volume of the records of the
jMassachusctts troops who served in the revolutionary war,
as authorized by chapter twenty-six of the resolves of the
present year, the sum of three thousand dollars and forty-
five cents.
Section 2. This act shall take effect upon its passage.
Approved April 5, 1903.
Q]iar>.%)5 An Act to pkoiiibit the sale of all tuout except those
AKTIFICIALLY KEAKED.
Be it enacted., etc., as foUoivs:
Section 1. It shall be unlawful at any time within
tliree years after the passage of this act to buy or sell
trout, or to offer trout for sale, wdthin the Commonwealth :
2)rovided, Jioioever., that nothing in this act shall prevent
the sale of trout artificially propagated or maintained or
hatched from the eafo; in the house of the owner and o^rown
in pools of said owner, in so far as the sale thereof is per-
mitted by the laws of this Commonwealth now in force.
Section 2. Whoever violates any provision of this
act shall be punished by a line of one dollar for each trout
so bought, sold or offered for sale.
Approved April 8, 1903.
Sale, etc., of
trout proliib-
ited.
Proviso.
Penalty.
ChciV '^06 ^'^ ^^^ ^^ PROVIDE FOR THE BETTER PROTECTION OF WOOD-
COCK AND RUFFED GROUSE.
R. L. 92, § 2,
amended.
Close season
for woodcock
and ruffed
grouse.
Be it enacted, etc., as follows:
Section two of chapter ninety-two of the Revised Laws
is hereby amended by striking out the words ' ' prior to
the thirteenth day of July in the year nineteen hundred
and three", in the fifth and sixth lines, so as to read as
follows : — Section 2. Whoever takes, kills or has in pos-
session, or buys, sells or offers for sale, a woodcock or a
ruffed grouse, commonly called partridge, between the
first day of December and the first day of October follow-
ing, whenever or wherever such bird may have been taken
or killed, or Avhoever at any time buys, sells, offers for
sale or has in possession for sale a woodcock or ruffed
grouse, commonly called partridge, whenever or wherever
such bird may have been taken or killed, shall be punished
b}' a fine of twenty dollars for each bird.
Approved April 9, 1903.
Acts, 1903. — Chaps. 207, 208. 167
An Act relative to the escape of prisoners from the (JJiart.^fyi
STATE PRISON AND THE REFORMATORY PRISON FOR WOMEN.
Be it enacted, etc. , as folloios :
Section 1 . Section twenty-eight of chapter two hun- r. l. 2-25, § 28,
dred and twenty-fiv^e of the Revised Laws is hereby '^'"^" ^
amended by striking out the word "state", in the fourth
line, and inserting in place thereof the word: — the, —
so as to read as follows : — Section 28. Prisoners in the Employment
. of prisoners
state prison and m the reformatory prison for women may on umd ap-
be employed, in the custody of an officer, on any part of prison.
Cliap.20S
the premises of the prison, and whoever escapes from said
premises shall be deemed to have escaped from' the prison.
Prisoners in the Massachusetts reformatory may be em-
ployed, in the custody of an officer, upon any land or
building w^hich is owned by the Commonwealth, and who-
ever escapes from said land or building shall be deemed to
have escaped from said reformatory.
Section 2. This act shall take effect upon its passage.
Approved April 9, 1903.
An Act to extend the corporate powers of the trustees
OF GROTON school.
Be it enacted .1 etc., as follows:
Section 1. Section three of chapter ninety-four of the i893, 94, §3,
acts of the year eighteen hundred and ninety-three is
hereby amended by striking out the words " five hundred
thousand ", in the last line, and inserting in place thereof
the words : — one million, — so as to read as follows : —
Section 3. Said corporation is hereby authorized to take May how real
1 • ■■ • /., , , J. 1 "• J.1 • aDd personal
and receive by giit, grant, bequest, devise or otherwise, any estate, etc.
lands, tenements or other estate, real or personal, to have
and to hold the same upon the temis and for the purposes
specified in the declaration of trust aforesaid ; and also
upon such terms and for such purposes and trusts as may
be expressed in any deed or instrument of conveyance or
gift made to said corporation : provided, the same shall not Provisos,
be inconsistent with the terms and purposes of the declara-
tion of trust aforesaid, made and declared by said trustees ;
and provided, the real and personal estate held by said
corporation shall not exceed in value one million dollars.
Section 2. This act shall take effect upon its passage.
Apjproved April 9, 1903.
168
Acts, 1903. — Chaps. 209, 210.
(7//«I>.209 ^N ^^C'*' RELATIVE TO SENTENCES TO THE REFOKMATOKY PRISON
FOR WOMEN.
Be it enacted^ etc., as follows :
Section 1 . When a woman is sentenced to be impris-
oned in the reformatory prison for women the court or
trial justice imposing tlie sentence sliall not prescribe the
limit of the sentence unless it is for a term of more than
five years.
Section 2. A woman who is sentenced to said reform-
atory prison for a felony may be held therein for not more
than five years ; or if sentenced for a longer term than
five years may be so held for such longer term.
Section 3 . A woman who is sentenced to said reform-
atory prison for a misdemeanor may be held therein for
not more than two years.
Section 4. With the approval of the governor and
council the prison commissioners shall make rules for deal-
ing with prisoners who are sentenced under this act, ac-
cording to their behavior and industry.
Section 5. When it appears to the prison commis-
sioners that a prisoner who is sentenced to the reforma-
tory prison for women under this act has reformed, they
may issue to her a permit to be at liberty, upon such
conditions as they shall prescribe, during the remainder
of the term for which she might be -held in said prison ;
and they may revoke said permit at any time before its
expiration. The provisions of section one hundred and
twenty-nine of chapter two hundred and twenty-five of
the Revised Laws shall apply to all cases of revocation of
a permit under this act.
Si;cTiON G. This act shall take effect on the first day
of July in the year nineteen hundred and three.
Ajiproved Ai^ril 9, 1903.
Sentences to
reformatory
prison for
women.
Felony.
Misdemeanor.
Prison com-
missioners
may make
rules.
Permit to be
at liberty may
issue in cer-
tain cases.
B. L. 225, § 129,
to apply.
Wben to take
effect.
GAttjO.210 ^N -'^<'T MAKING APPROPRIATIONS FOR THE MASSACHUSETTS HOS-
PITAL FOR DIPSOMANIACS AND INEBRIATES.
Appropria-
tions.
Be it enacted, etc., as follows :
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for the support of the Massa-
chusetts hospital for dipsomaniacs and inebriates during
Acts, 1903. — Chap. 211. 169
the year ending on the thirty-first day of December, nine-
teen hundred and three, to wit : —
For the expenses of said institution, the sum of seven- Massachusetts
teen thousand six hundred sixty dollars and fifty cents, dips9maniacs
said sum being based upon the average number of state expensl^s?*'^*^^'
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 hundred
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 expenses of
said institution may be used for that purpose.
For maintaining industries at said institution, a sum Maintaining
not exceedinor four thousand dollars.
For printing and binding the annual report of said Annual report.
institution, a sum not exceeding two hundred and fifty
dollars.
Section 2. This act shall take efiect upon its passage.
Approved April 9, 1903.
An Act to provide that a portion of the expense of con- ni^nrn 911
STRUCTION AND MAINTENANCE OF THE BRIDGE OVER WEYMOUTH
FORE RIVER MAY BE ASSESSED UPON THE COUNTY OF NORFOLK.
He it enacted, etc., as folloivs :
Section 1. Section three of chapter four hundred and ameMed.^^'
fifty-six of the acts of the year nineteen hundred is hereby
amended by inserting after the word "upon", in the
fifteenth line, and after the same word in the twentieth
line, the words: — the county of Norfolk and, — and
by inserting after the word "the", in the twenty-first
line, the words : — county of Norfolk and the, — so as to
read as follows : — Section 3. When such brido-e and construction
n °* "^^^ bridge
approaches are completed and the lull cost and expense over wey-
of the same ascertained said county commissioners shall river, payment
file their report of the fact, together with the amount of ^ ^^p*^'^^*'-
such cost and expense, in the office of the clerk of courts
for the county of Norfolk ; whereupon and upon applica-
tion of said county commissioners or of any party inter-
ested, apd after such notice as the superior court for the
county of Norfolk ma}^ order, said superior court shall
appoint a board of three commissioners, who shall be
sworn to the faithful discharge of their duties hereunder,
and who, after proper notice and a full hearing of all
170 Acts, 1903. — Chap. 212.
' parties interested, shall proceed to assess the amount then
paid out by the county of Norfolk, including interest
paid on moneys borrowed under the authority of section
two of this act, upon the county of Norfolk and such
cities, towns and quasi-public corporations as they shall
award and determine to be specially benefited by such
bridge, and in such amounts as they shall award and
determine to be fairly proportionate to the special ben-
efits conferred by said bridge upon the county of Norfolk
and the cities, towns and corporations so assessed. The
county of Norfolk and the cities, towns and cor[)orations
so assessed shall, within such time and in such manner as
said commissioners shall determine, pay into the treasury
of the county of Norfolk the amount assessed upon them,
with interest.
1900, 456, §8, Section 2. Section eig-ht of said chapter is hereby
amended by inserting after the word " by", in the third
line, the words : — the county of Norfolk and, — so as to
Payment of j-ead as follows : — Section 8. The cost of maintaining
cost of niaiTi. ^ . • ^ ^ ly i • xl • • • 1 J •
taiuing bridge, sucli bridge and 01 keeping the same m repair, including
the cost of operating the draw therein, shall be borne by
the county of Norfolk and the cities, towns and quasi-
public corporations found by the commissioners appointed
under section three of this act to be specially benefited
by such bridge, in the same relative proportion in which
they shall contribute to the cost and expense of building
the bridge. Ajyproved April 9, 1903.
ChaV.^1'^ ^^ ^^^ RELATIVE TO AIDING DISCHARGED PRISONERS.
Be it enacted, etc., as foUoics :
Amended' ^ ^^'^' SECTION 1 . Section One hundred and thirt3^-six of chap-
ter two hundred and twenty-five of the Revised Laws is
hereby amended by striking out all after the word " on ",
at the end of the eighth line, up to and including the
word "employment", in the twelfth line, and inserting
in place thereof the words : — permit from the state prison
or the Massachusetts reformatory, provide said prisoners
with needed assistance, — so as to read as follows: —
(Usrh-Prged Sectiou. 136. The prison commissioners may employ an
ir/^ointoent ^i^^'i^t for aiding prisoners Avho have been discharged from
of agents, etc. file statc prison, at an annual salary of sixteen hundred
dollars, payable by the Commonwealth, Avho, in addition
to his other duties, shall assist the secretary of the board.
Acts, 1903. — Chap. 213. 171
They may also employ three other agents, at an annual ^iscifufged
salaiy of twelve hundred dollars each, payable in like i^^/j^^pf^'g^j
manner. Said agents shall endeavor to secure employ- ot agents, etc.
ment for prisoners who have been permanently discharged
or released on permit from the state prison or the Massa-
chusetts reformatory, provide said prisoners with needed
assistance, and perform such other duties relative to such
discharged or released prisoners as the board requires.
They shall also obtain information for the board relative
to prisoners Avho have been conmiitted to institutions under
its supervision, especially as to the details of their offences
and their previous character and history. They may, for
that purpose, require of the police authorities any facts
in their possession relative to such prisoners if the com-
munication thereof will not, in the opinion of said authori-
ties, be detrimental to the public interest. They shall be
reimbursed for the necessary expenses actually incmTed
by them in the performance of their official duties, after
their bills therefor have been approved by the commis-
sioners. The commissioners may expend not more than
three thousand dollars annually for the assistance of
prisoners discharged from the state prison and not more
than live thousand dollars annually for the assistance of
prisoners discharged from the Massachusetts reformatory
or from any institution to which he w^as removed from
said reformatory.
Section 2. This act shall take effect upon its passage.
Approved April 9, 1903.
Ax Act relative to the purchase of implements and ma- (7Att7).213
TERIALS FOR USE IN THE EMPLOYMENT OF PRISONERS.
Be it enacted^ etc.^ as folloios :
Section 1. Section fifty-one of chapter two hundred am^n||d'. ^ ^^'
and twenty-live of the Revised Laws is hereby amended
by striking out the word "he", in the eighth line, and
inserting in place thereof the words : — said commission-
ers, — and by striking out the word "him", in the ninth
line, and inserting in place thereof the word : — them, —
so as to read as follows : — Section 51. The tools, imple- Purchase of
1 , . -, •ii» • 1} i. • • implements
ments and materials required tor use in manuiacturing m and materials
any penal institution named in section forty-three shall, enipioyment
and such machinery as may be necessary to replace any ^^ prisoners.
which becomes unfit for use, or which is destroyed by fire
172
Acts, 1903. — Chap. 211.
or by the malicious acts of prisoners or to establish new
trades or industries may, be pm'chased by the warden,
superintendent, master or keeper thereof under the super-
vision of the prison commissioners after estimates or requi-
sitions, in such form as said commissioners shall from time
to time require, have been approved by them.
Section 2. This act shall take eftect upon its passage.
Approved April 9, 1903.
Chap.214:
Fourth Di8-
trict Court
of Bristol
established.
Justices and
clerk, compen-
sation, etc.
First session,
etc.
Repeal.
When to take
effect.
An Act to establish the fourth distuict coukt of Bristol.
Be it enacted, etc., as follows:
Section 1. The towns of Attleborough, North Attle-
borough, Mansfield and Norton are hereby excluded from
the jurisdiction of the first district court of Bristol, and
are hereby constituted a judicial district under the juris-
diction of a court to be known as the Fourth District
Court of Bristol. Sessions of said court shall be held in
the town of Attleborough on every day except Sundays and
legal holidays, for the transaction of criminal business, and
on one day in each week and on such other days as may
be fixed by rule of the court for the trial of civil cases.
Section 2. There shall be one justice and two special
justices and a clerk of said court. The justice shall
receive a salary of twelve hundred dollars per annum,
and the clerk a salary of eight hundred dollars per annmn,
to be paid by the county of Bristol. All the provisions
of law applicable to police and district courts shall apply
to said court.
Section 3. The first session of said court shall be
held on the first day of January in the year nineteen
hundred and four ; but nothing in this act shall aff'ect any
suit or other proceeding begun prior to said first day of
January.
Section 4. So much of any act as is inconsistent here-
with is hereby repealed, such repeal to take efiect from
and after the first day of January in the 3'ear nineteen
hundred and four.
Section 5. So much of this act as relates to the ap-
pointment of the justices and clerk of said court shall
take eftect on the first day of November of the present
year; and the remainder of this act shall take effect on
the first day of January in the year nineteen hundred
and four. A^oproved April 9, 1903.
Acts, 1903. — Chaps. 215, 216. 173
An Act to authorize the edison electric illuminating com- (^7^^,^^ 91 '^
pany of brockton, l'nder certain conditions, to furnish "^
electricity in the town of whitman.
Be it enacted, etc. , as follows :
Section 1. The Edison Electric Illuminatino: Com- The Edison
Electric
pany of Brockton is hereby authorized, upon the approval illuminating
of the board of gas and electric light commissioners, and Bror^ton may
with the consent of the selectmen of the town of Whit- tricity'ln'®^"
man, to furnish electricity for heat, light and power in wwtman.
said town ; with all the rights, powers and privileges and
subject to all the duties and liabilities set forth in all
general laws now or hereafter in force applicable to such
corporations.
Section 2. This act shall take effect upon its passage.
Approved April 9, 1903.
Ghap.21(j
An Act to provide for the protection of shellfish in the
TOWN of EDGARTOWN.
Beit enacted, etc., as follows :
Section 1. No person shall take any shellfish from Taking, etc., of
their beds or wilfully obstruct the growth of any shellfish Edglfrtown re-
within the town of Edgartown, except as is hereinafter ^tncted.
provided.
Section 2. The selectmen of said town may give selectmen may
permits in writing to any person to take shellfish from ^'^® permits.
their beds within said town, at such times, in such quan-
tities, and for such uses, as they shall deem expedient.
But any inhabitant of said town may without such permit certain per.
' ^ ' • ^ in/>i/« i sons may take
take from the beds m said town shellfish for the use of sheiiiish with-
his family, not exceeding in quantity one bushel, includ-
ing shells, in any one day ; and any fisherman may with-
out such permit take shellfish from the said beds for bait
for his own use, not exceeding in quantity one bushel, f
including shells, in any one day.
Section 3. No person shall take from their beds in Taking, etc., of
said town, or sell or offer for sale, or have in his posses- ciams^orqufi-
sion, any little neck clams or quahaugs measm'ing less certlhilize'^^'^
than one and one half inches across the widest part. prohibited.
Section 4. Whoever violates any provision of this Penalty.
act shall be punished by a fine of not less than ten nor
more than one hundred dollars.
174
Acts, 1903. — Chap. 217.
Jurisdiction of
offences.
Certain pro-
visions of law
not to apply.
Section 5 . The district coui't of Dukes County shall
have eoncurrent jurisdiction with the superior court of all
offences under this act.
Section (3. So much of section eighty-five of chapter
ninetj'-one of the Revised Laws as is inconsistent here-
with shall not apply to the town of Edgartown.
A2)provecl April 9, 1903.
(JJiap.217 -^^ ^^^ '^^ INCORPORATE THE ASIIFIELD WATER COMPANY.
Ashfield Water
Company in-
corporated.
May take cer-
tain waters,
lands, etc.
Proviso.
May erect
structures,
lay j)ipes,
etc.
Be it enacted, etc., as follows :
Section 1. Emory D. Church, Allison G. Howes,
Frederick H. Smith, George 11. Fessenden, Levant F.
Gray, Charles A. Hall, Amos D. Daniels and M. M.
Belding, their associates and successors, are hereby made
a corporation by the name of the Ashfield Water Com-
pany, for the pm-pose of furnishing the inhabitants of the
town of Ashfield with water for the extino^uishment of
fires and for domestic and other purposes ; with all the
powers and privileges and subject to all the duties, restric-
tions and liabilities set forth in all general laws now or
hereafter in force relating to such corporations.
Section 2. Said corporation, for the purposes afore-
said, may take, by purchase or otherwise, and hold the
waters of Taylor brook in said town, and all the waters
which flow into or from the same, together with any water
rights connected therewith, and also all lands, rights of
wa}^ and easements necessary for holding and storing such
water and for conveying the same to any part of the said
town, and for constructing and maintaining ponds : 2)7'0-
vided, 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 ; and may erect on
the land so acquired, proper dams, buildings, fixtures and
other structures, and may make excavations, procure and
operate machinery, and provide such other means and ap-
pliances as may be necessary for the establishment and
maintenance of complete and effective water works ; and
may construct and lay conduits, pipes and other Avorks,
under and over any land, Avater courses, railroads, rail-
wa3^s, or })ublic or private ways, and along aii}^ 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
Acts, 1903. — Chap. 217. 175
proper purposes of this act, said corporation maj^ dig up
such lands, and, under the direction of tlie selectmen of
the towns in wliich 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.
Section 3. Said corporation shall Avithin ninety days Description
after the taking of any land, rights of way, water rights, to be recorded.
water sources or easements as aforesaid, otherwise than by
purchase, file and cause to be recorded in the registry of
deeds for the county in Avhich such lands or other prop-
erty are situated, a description thereof sufficiently accurate
for identification, with a statement signed by the president
of the corporation of the purposes for which the same were
taken, and the damages awarded therefor to any person
or corporation.
Section 4. Said corporation shall pay all damages to Damages,
property sustained by any person or corporation by the
taking of any land, right of Avay, water, Avater source,
water right or easement, or by any other thing done by
the corporation under authority of this act. Any cor-
poration or person sustaining damages as aforesaid, who
fails to agree Avith the corporation as to the amount of
damages sustained, may haA^e them assessed and deter-
mined in the manner provided by laAA^ in the case of land
taken for the laying out of higliAA'ays, on application at
any time Avithin tliree years after the taking of such land
or other property or the doing of other injury under au-
thority of this act ; but no such ap})lication shall be made
after the expiration of said three 3-ears. No application
for assessment of damages shall be made for the taking of
any water or AA^ater rights, or for any injury thereto, until
the Avater is actually AA'ithdraAvn or diA^erted by the corpo-
ration under authority of this act.
Section 5. Said corporation may distribute AAater Distribution
through the toAvn of Ashfield ; may from time to time ° ^^'''*'^*'*^t^-
establish and fix the rates for the use of said Avater, and
may collect the same ; and may make such contracts with
the said toAvn, or AA^th any fire district hoaa' or hereafter
established therein, or AAdth any indiA'idual or corporation,
to supply water for the extinguishing of fires or for other
purposes, as may be agreed upon between the parties.
Section H. Said corporation may, for the purposes Real estate and
set forth in this act, hold real estate to a A^alue not exceed- ^'^^^ ^
ing three thousand dollars, and its capital stock shall be
176
Acts, 1903. — Chap. 217.
Town, etc.,
may take
franchise,
property, etc.
Corporation
may Ije re-
quired to give
satisfactory
security for
payment of
damages, etc.
Penalty for
corr-up'tion of
water, etc.
not more than twenty thousand dollars, divided into shares
of one hundred dollars each.
Section 7. The town of Ashfield or any fire district
therein may at any time during the continuance of the
charter hereby granted, take by purchase or otherwise
the corporate property and all the rights or privileges of
said corporation, at a price which shall be equal to the
sums expended by the said corporation in establishing and
perfecting its plant and facilities ; and the said corpora-
tion shall keep such detailed accounts of the sums paid by
it for construction, for apparatus, and for the purchase of
property, as shall be satisfactory to the selectmen of the
town. In case said corporation and said town or tire dis-
trict are unable to agree upon the purchase price estimated
as aforesaid, then the same shall be determined by three
commissioners to be appointed by the supreme judicial
court upon application by either party and notice to the
other, whoso award when accepted by the court shall be
binding upon all parties. This authority to purchase said
franchise and property is granted on condition that the
same is assented to by said town or fire district by a two
thirds vote of the voters present and voting thereon at a
legal meeting called for that purpose.
Section 8, The selectmen of said town, upon the
application of the owner of any land, water or water
rights taken under this act, shall require said corporation
to give satisfactory security for the payment of all dam-
ages and costs which may be awarded to such owner for
the land or other property so taken ; but before requiring
such security the selectmen shall, if application therefor
is made by either party, make an estimate of the damages
which may result from such taking, and the selectmen
shall in like manner require further security if at any time
the security already required appears to them to be insuffi-
cient ; and all the right of said corporation to enter upon
or use such land or other property, except for making
surveys or tests of the soil, shall be suspended until it
gives the security as aforesaid.
Section 9. Whoever wilfully or wantonly corrupts,
pollutes or diverts any water taken or held under this act,
or injures any structure, work or other property owned,
held or used by said corporation under the authority and
for the purposes of this act, shall forfeit and pay to said
corporation tliree times the amount of damages assessed
Acts, 1903.— Chap. 217. 177
therefor, to be recovered in an action of tort ; and whoever
is convicted of any of the above wilful or wanton acts shall
be punished by a fine not exceeding three hundred dollars
or by imprisonment for a term not exceeding one 3^ear.
Section 10. Said town may subscribe for and hold how'stocif
stock issued as aforesaid b}^ the said water company, to an '^.ato^com-
amount not exceeding three thousand dollars : provided, pa^y-
that the town shall vote so to do at an annual town meet-
ing or at a meeting duly called for the purpose.
Section 11. Said town may, for the purpose of pay- Ashfieid water
ing the necessary expenses and liabilities incurred under
the provisions of section ten, issue from time to time
bonds, notes or scrip to an amount not exceeding three
thousand dollars. Such bonds, notes or scrip shall bear
on the face thereof the words, Ashfieid 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
upon such terms and conditions as it may deem proper.
Said town shall pay the interest upon the loan as it ac- Payment
crues, and shall [)rovide for the payment of said princi-
pal at maturity by such annual proportionate payments
as will extinguish the same within the time prescribed in
this act. The amounts which may be necessary to make
such payments shall without further vote of said town be
raised by taxation in the same manner in which money is
raised for town expenses. All income derived from said
stock shall be applied in payment of the debt inciu:*red
under this act.
Section 12. Said town may at an annual town meet- saie of stock.
ing, or at a meeting duly called for the purpose, vote to
^ell at public or private sale the whole or any part of its
stock in said water company : provided, that no part of Proviso,
such stock shall be sold at less than the par value thereof.
Section 13. This act shall take effect upon its pas- when to take
effect.
sage, but shall become void unless work is begun under
it within three years after the date of its passage.
Section 14. Chapter one hundred and twenty-nine of ^^p^**-
the acts of the year nineteen hundred and two is hereby
repealed. Approved April 9, 1903.
178
Acts, 1903. — Chaps. 218, 219.
Town of
Methuen may
ek'ct a board
of public
works, etc
C/iaZ).218 -^^ ^^"^ "^'^ AUTHORIZE THE TOWN OK METHUEN TO ELECT A
BOARD OF PUBLIC WORKS TO HAVE CONTROL OF ITS ' WATER
WORKS, SEWER SYSTEM AND PUBLIC LIGHTING.
Be it oicicted, etc., as follows:
Section 1. The town of Methuen may at its next
annual ineeting, or at a special meeting called for the
puri)ose, elect a board of public works, to consist of three
members, who shall hold office, one for one year, one for
two years and one for three years, respectively, from the
date of the annual meeting at which they are elected ;
or if they are elected at a special meeting then from the
date of the annual meeting next succeeding, and in either
case until their successors are elected ; and at every an-
nual town meeting when the term of any member of said
board expires said town shall elect one member of said
board to serve three years or until a successor is elected.
If a vacancy occurs in the board the town may at any
meeting called for the purpose elect a person to serve for
the unexpired term.
Section 2. The said board of public works shall have
all the rights, powers and authority vested in the water
commissioners of the town of Methuen, all the rights,
power and authority in respect to })ublic sewers now
vested in the board of selectmen or which might be vested
in a board of sewer commissioners, and all the rights,
powers and authority in respect to public lighting now
vested in the board of selectmen.
Section 3. This act shall take effect upon its passage.
Approved A2yril 9, 1903.
Vacancy.
Powers and
authority.
Chap.2l^
R. L. 76, § 29,
amended.
Application
of provisions
of sections 24
to 28 inclusive
limited.
An Act relative to the practice of dentistry.
Be it enacted^ etc., as follows :
Section twenty-nine of chapter seventy-six of the Re-
vised Laws is hereby amended by inserting after the word
" chapter", in the third line, the words : — and in actual
practice as a physician, in cases where he deems immediate
treatment necessary for the relief of his patients, — so
as to read as follows : — /Section 29. The })rovisions of
sections twenty-four to twenty-eight, inclusive, shall not
apply to a physician registered under the provisions of
this chapter and in actual practice as a physician, in cases
Acts, 1903. — Chap. 220. 179
where he deems immediate treatment necessary for the
relief of his patients, nor prevent a licensed dentist of
another state from operating at a public clinic under
the auspices of a duly organized and reputable dental
associati(m nor a student of a reputable chartered dental
college from performing operations in the college infirm-
ary as a part of the regular college course and in the
presence, and under the actual instruction, of a registered
dentist appointed as instructor.
Approved April 9, 1903.
Chap.220
An Act relative to the marking of certain carcasses and
THE inspection OF CERTAIN DOMESTIC ANIMALS.
Be it enacted^ etc., as follows :
Sectiox 1 . Chapter seventy-five of the Revised Laws r. l. 75
is hereby amended by inserting after section one hundred ^"^^•^•^®**-
and two the following new sections : — Section 103. In certain
a slaughtering establishment Avherein inspection and l)rand- be'stamp^ed^
ins: is not carried on under the rules and reo^ulations for ^^'
the inspection of live stock and other products, estab-
lished by the United States department of agriculture in
accordance with acts of congress in force on the fifteenth
day of June in the year nineteen hundred and one, the car-
casses of animals slaughtered under the provisions of the
four preceding sections shall at the time of slaughter, if
not condemned, be stamped or branded by the inspector
thereof in like manner as those inspected by the United
States bureau of animal industry for interstate trade, by
a stamp or brand designed for the purpose by the cattle
bureau of the state board of agriculture, which shall be
furnished by it to the board of health of a city or town
ap[)lying therefor. Such stamps shall be uniform in de-
sign throuohout the Commonwealth, but shall contain the
name of the city or toAvn in which they are used. Section Penalty for
104. The carcasses of animals slaughtered under the unstamped
provisions of the five preceding sections and not stamped <'^'■•^^^^^^•
or branded as provided in the preceding section shall be
deemed unfit for human food and shall not be sold or
oftered for sale. Whoever sells, or offers for sale, or has
in his possession with intent to sell, a carcass or any part
thereof required by the provisions of the preceding section
to be stamped or branded, which has not been stamped or
branded as therein provided, shall be punished by a fine
180
Acts, 1903. — Chap. 221.
R. L. 75, § 105,
etc., amended.
Not to apply
to certain
persons.
of not more than one hundred dollars or by imprisonment
for not more than sixty days, or by both such fine and
imprisonment.
Section 2. Section one hundred and five of said chaj)-
ter seventy-five, as amended by section two of cliapter
three hundred and twelve of the acts of the year nineteen
hundred and two, is hereby further amended l)v striking
out the word "four", in the second line, and inserting in
place thereof the word : — six, — so as to read as follows :
— iSection 105. The provisions of the six preceding sec-
tions shall not apply to a person not engaged in such busi-
ness, who, upon his own premises and not in a slaughter
house, slaughters his own neat cattle, sheep or swine, but
the carcass of any 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 cha})ter ninety, within six months prior
to such slaughter and a certificate of health has been de-
livered to the owner or person in charge thereof.
Apjwoved April 9, 1903.
Chdp.^i^li ^N ^CT TO AUTHORIZE TIIE MILLERS FALLS WATER SUPPLY DIS-
TRICT TO FURNISH ELECTRICITY FOR LIGHT AND POWER.
The Millers
Falls Water
Supply Dis-
trict may
establish an
electric plant,
etc.
Be it enacted, etc., as foUotvs :
Section 1. The Millers Falls Water Supply District
in the towns of Montague and P^rving, in addition to the
powers conferred upon it by chapter one hundred and
fifty of the acts of the year eighteen hundred and ninety-
six, and extended by chapter five hundred of the acts of
the year nineteen hundred and two, is hereby authorized
to establish an electric plant for the purpose of owning,
generating, storing, transmitting and selling electricity
for light, heat or power, except for the operation of street
railways, for the use of and distribution among the inhab-
itants of said district, or for the use of either of said towns
or of any corporation, manufacturing or otherwise, except
street railway corporations, doing business either within
or without said district, or without said district but Avithin
said towns ; with all the rights and privileges and subject
to all the duties, restrictions and liabilities of towns au-
thorized to manufacture or distribute electricity, so far as
the same may be applicable to said district and not incon-
sistent with the provisions of this act.
Acts, 1903. — Chap. 221. 181
Section 2. Said district may, subject to all general au^o^em?''^
laws relating to the erection, maintenance and operation Hnes, etc.
of lines for the transmission of electric light, heat or
power, so far as the same are applicable, construct and
operate lines for the transmission of light, heat or power
upon and along the public ways of the said towns, but
subject to the local laws and regulations of said towns ;
and for this purpose may erect and maintain upon said
public ways such posts and other fixtures as may be neces-
sary to sustain the wires and other fixtures of its lines.
Section 3. Said district, for the purposes aforesaid, foi-^powerretc.
may contract with the Greenfield and Turners Falls Street
Railway Company, or with the Millers Falls Company,
or with the Alillers Falls Paper Company, or with any
other corporation or individual properly equipped for the
said purposes, to supply and furnish it with power for the
generation of electricity for the purposes herein named,
on such terms and conditions as are authorized between
street railway companies and towns under chapter four
hundred and forty-nine of the acts of the year nineteen
hundred and two.
Section 4. The board of water commissioners of said ^mnlglme^^
district, or such other oflicor or officers as said district may
from time to time determine, subject to such orders, rules
and regulations not inconsistent with law as said district
may prescribe, shall, so far as is consistent with the pro-
visions of this act, have and exercise all the powers and
be subject to all the duties of the officer provided for in
section twenty of cha})ter thirty-four of the Revised Laws
and acts in amendment thereof and in addition thereto.
Section 5. For the purpose of pay in o- the expenses Miners Fails
. .. 1 Water Supply
and liabilities incurred in establishing a plant under the District Eiec-
provisions of this act said district may issue, from time *"^ °^^' '
to time, bonds, notes or certificates of debt, signed by the
treasurer of said district and countersigned by the chair-
man of said board of water commissioners, to be denom-
inated on the face thereof, Millers Falls Water Supply
District Electric Loan, to an amount not exceeding fif-
teen thousand dollars in addition to the amount hereto-
fore autharized by law to be issued by said district for
water supply purposes. Such bonds, notes or certificates
of debt shall be issued upon the terms and conditions and
with the powers which are provided in chapter one hun-
dred and fifty of the acts of the year eighteen hundred
182
Acts, 1903. — Chaps. 222, 223.
May extend
or enlarge
electric plant,
etc.
When to take
eifect, etc.
and ninety-six for the issue of the Millers Falls Water
Supply I)istri{'t Loan, except that the rate of interest
thereon shall not exceed live per cent per annum.
Section 6. Said' district may reconstruct, extend or
enlarge its electric plant, but no such reconstruction, ex-
tension or enlargement beyond the necessar^^ and ordinary
maintenance, repair and re})lacement thereof, except such
increased appliances for the distribution of electricity as
may be necessary to furnish the same to new takers, shall
be undertaken or made except by a two thirds vote of the
voters of said district present and voting thereon at any
legal district meeting called for that purpose.
Section 7. This act shall take eflect upon its passage,
but shall not become operativ^e until it has been accepted
by a vote of two thirds of the voters present and voting
at each of two legal meetings of said district duly called
for the purpose, of which meetings the second shall be
held at an interval of not less than two nor more than
thirteen months after the first. At said meetings said vote
shall be taken by written or printed ballot and by use of
the check list. When such a vote has failed of passage
at the second of said meetings as hereinbefore provided
no similar vote shall be taken until after the expiration
of two years. Ajjproved April 9, 1903.
CJlC(p.2i22 An Act to give the probate coukt jurisdiction of certain
ARBITRATION AND COMPROMISE MATTERS.
Beit enacted, etc., as follows:
ofcemin"" Section 1. The probate court shall have jurisdiction
arbitration and concurrent with tlic suprcmc iudicial court of all cases
compromise . p ,...
matters. and matters under sections fourteen , niteen , sixteen , seven-
teen and eighteen of chapter one hundred and forty-eight
of the Revised Laws.
Section 2. This act shall take eti'ect upon its passage.
Approved April 9, 1903. \
Chap.223
R. L.118.§ 11,
amended.
An Act relative to life insurance companies.
Be it enacted, etc., as follows :
Section 1 . Clause fourth of section eleven of chai)ter
one hundred and eighteen of the Revised Laws is hereby
amended by striking out the word " three", in the sixty-
second line of said section, and inserting in place thereof
the word : — six, — so as to read as follows : — Fourth,
Acts, 1903. — Chap. 223. 183
The aggfregfate net value so ascertained of all the policies valuation of
of any such company shall be deemed its reserve liabil- ute companies.
ity, to provide for which it shall hold funds in secure
investments of an amount equal to such net value above
all its other liabilities.
All policies or certificates of insurance issued before Assessment
the first day of July in the year eighteen hundred and
ninety-nine by corporations which formerly transacted a
life insurance business under the provisions of chapter four
hundred and twenty-one of the acts of the year eighteen
hundred and ninety and acts in amendment thereof, and
which now have authority to do business in this Com-
monwealth under the provisions of this chapter, which
policies or certificates are in force on the thirty-first day
of December of any year and which contain a provision
for a payment other than the premium stipulated therein
and under which the duration of the premium pa3'ment
is the same as the duration of the contract, except in
endowment certificates and endowment policies, shall be
valued and shall have a reserve maintained thereon on
the basis of renewable term insurance as fixed by attained
age in accordance with the provisit)ns of this chapter.
To the reserve liability determined as above the insur-
ance commissioner shall add the determinate contract re-
serve under any other policies or certificates issued by
said companies, before said first day of July and remain-
ing in force on the thirty-first day of December of any
year, and in the absence of such contract reserve shall
value them as contracts providing similar benefits are
to be valued under the provisions of this chapter. But
under no policy or certificate shall a greater aggregate
reserve liability be charged than is otherwise required by
this chapter. All policies of life insurance issued by any
such corporation subsequent to the first day of July in the
year eighteen hundred and ninety-nine, including those
which contain a provision for a payment other than the
premiums specified therein, shall be valued and a reserve
maintained thereon according to the provisions of this
chapter, but all such policies issued by said former assess-
ment corporations prior to the first day of January in the
year nineteen hundred and six, shall be valued taking the
first year as one-year-term insurance.
To determine the liability uiwn its contracts of insur- c^omputation
"^ i-r. J 1 of reserves
ance ot an insurance company, other than lite and real forreinsur
184
Acts, 1903. — Chap. 224.
uabiiity!'*'"*^^ estate title insurance, and the amount such company shall
hold as a reserve for reinsurance, he may take fifty per
cent or tlie actual unearned portion of the premiums
written in its policies ; but in respect to marine risks
he shall compute the liability thereon by charging sixty
per cent of the amount of i)remiums written in its policies
upon 3^early risks, and upon risks covering more than one
passage not terminated, and the full amount of premiums
written in policies upon all other marine risks not termi-
nated ; but in the case of foreign fire and marine insurance
companies Avith less than three hundred thousand dollars
capita], admitted to transact fire insurance only in this
Commonwealth, the full amount of premiums written in
their marine and inland navigation and transportation in-
surance policies shall be charged as liability.
He shall allow to the credit of an insurance company
in the account of its financial condition only such assets
as are inmiediately available for the payment of losses in
this Commonwealth, but may credit any deposits or funds
of the company set apart as security for a particular lia-
bility in set-oft' to the amount charged on account of such
liability.
He shall not allow stockholders' obligations of any
capuai except, description as part of the assets or capital of any stock
insurance company, unless the same are secured by suffi-
cient approved collateral.
Section 2. This act shall take eft*ect upon its passage.
Approved April 10, 1903.
Wliat assets
admissible.
Stockholders
obligations not
(JJlCLpJ^i^^: -^N Act to authorize the county commissioners of the
COUNTY OF BERKSHIRE TO BORROW A SUM OF MONEY FOR THE
County com-
missioners of
Berkshire
county may
borrow on"
credit of
county.
PURPOSE
COUNTY.
OF PAYING A PART OF THE INDEBTEDNESS OF SAID
Be it enacted, etc., as follows :
Section 1. The county commissioners of the county
of Berkshire are hereby authorized to borrow on the credit
of said county a sum of money not exceeding sixty thou-
sand dollars, for the purpose of paying a part of the ex-
isting indebtedness of said county.
Section 2. This act shall take effect upon its passage.
Approved April 10, 1903.
Acts, 1903. — Chap. 225. 185
An Act relative to the mayor and aldermen of the city ri}^f^.r^ oo/^
OF FALL RIVER.
Be it enacted, etc. , as follows :
Section 1. Section six of chapter three hundred and amencieV ^'
ninety-three of the acts of the year nineteen hundred and
two is liereby amended by striking out the word " second ",
in the last line, and inserting in place thereof the word : —
first, — so as to read as follows : — Seclion 6. The city Aldermen,
council shall consist of a single body called the board etc. °'
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 odd numbered
wards to serve for the term 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 alderman to serve
for the term of two years. At the succeeding annual city
election one alderman at large from each of the odd num-
bered 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 aldermen to fill vacan-
cies and to succeed those whose tern\s expire upon the
first Monday of the following January.
Section 2. Section eight of said chapter is hereby 1902,393, §8,
amended by inserting after the word "elect", in the
second line, the words : — if any there be, otherwise the
mayor and aldermen, — and by inserting after the word
"and", in the third line, the words: — the mayor elect
and aldermen elect shall, — so as to read as follows: —
Section 8. On the first Monday of January, at ten o'clock ofmuyo?S
in the morning, the mayor elect, if any there be, other- aidennen.
Avise the mayor and aldermen and aldermen elect shall
meet, and the mayor elect and aldermen elect shall be
sworn to the faithful performance of their duties. At any
time thereafter the oath may be administered to the mayor
elect or to any alderman elect who was absent or was not
186 Acts, 1903. — Chap. 226.
Organization ^\^^^^^ elected. After the mayor elect and the aldermen
01 Doanl or ..,,. . ^ ,
auk-nneu, etc. elcct, or a majority thereof, have been sworn the board ot
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 president, who, when
elected, shall preside during the election of a vice presi-
dent. No other business shall be transacted by the alder-
men until the officers aforesaid have been elected. The
city clerk shall be clerk of the board of aldermen.
Approved April 13, 1903.
Chap,226
An Act to authorize the treasurer and receiver general
to issue bonus and scrip upon the serial payment plan.
Be it enacted, etc., as folloivs :
Bonds or scrip SECTION 1. The treasurer and receivcT general, whcH-
Hionweaith evcr lie shall deem it to be for the advantage of the Com-
upo^n the^leriai moHwcalth SO to do, may, with the approval of the governor
payment plan, .^^deouncil, issue any of the bonds or scrip of the Com-
monwealth, now or hereafter authorized, upon the serial
payment plan instead of establishing a sinking fund for
the retirement thereof. The said plan shall i)rovide for
the issue of bonds or scrip to be paid serially in such
amounts and at such times as shall be determined by the
treasurer and receiver general, with the approval of the
governor and council, to be for the best interests of
the Commonwealth ; the bond last payable in any such
issue to become due at a date not later than that at which
the whole series of l)()nds would have matured if they had
been issued under the sinking fund method.
Tijeasurerto SECTION 2. The treasurer and receiver general shall
audit6r aunuallv certify to the auditor of the Commonwealth the
amount to be - -^ . • i i i • ^i j. ^ ^ j. • i
included in amount iieccssary to be included m the state tax to provide
for such serial payments on account ot any bonds or scrip
of the Commonwealth, which amount shall be included in
the state tax ordered to be assessed for that year.
to^certaki'''"^ SECTION 3 . The })r()visions of this act shall not apply to
issues of bonds any issuc of bonds or scrip now or hereafter authorized for
the benefit of any of the metropolitan districts, so-called.
^P«»'- Section 4. All acts and parts of acts inconsistent
herewith are hereby repealed.
Section 5. This act shall take etfect upon its passage.
App>roved April 13, 1903.
state tax.
Acts, 1903. — Chaps. 227, 228, 229. 187
Ax Act relative to agents of assessment insurance com- QfiQ^yy '2Q,1
PANIES.
Beit enacted, etc., as folloivs :
Section thirteen of chapter one hundred and twenty of ^^^ndfd'. ^ ^^'
the Revised Laws is herel)y amended by striking out the
word "foreign", in the first line, and by inserting after
the word "agent", in the fourth line, the words : — Avithin
this Commonwealth, — so as to read as follows : — Section Names, etc.,
13. A corporation transacting the business of insurance assessment
under the provisions of this chapter shall file with the c^mpaSils
insurance commissioner the name and residence of each *° "^^ ^^^^' ^*°-
person it shall appoint or employ to act as its agent within
this Commonwealth ; and whoever shall assume to act as
such agent, or shall, on behalf of such corporation, in any
manner for compensation aid in negotiating contracts of
insurance for a person other than himself, before such
notice of appointment or employment is filed, shall be
punished as provided in section twenty-one.
Ajfi^yroved April 13, 1903.
An Act relative to the board of registration in dentistry, rtij^.n^ '>9S
Be it enacted, etc., as folloivs :
Section three of chapter five hundred and five of the 1902, 505, § 3,
acts of the year nineteen hundred and two is liereb}^ amended '*'"*^"'^^'*-
by striking out the word " two", in the fourth line, and
inserting in jilace thereof the word : — three, — so as to
read as follows : — /Section 3. The chairman and secre- salaries of
tary of the board of registration in dentistry shall each registration
receive a salary of four hundred dollars a year, and the ^^ dentistry.
other members of said board shall each receive a salary
of three hundred dollars a year.
Ap2)roved April 13, 1903.
An Act to establish the office hours of the various de- r<]^nq^ 2^9
partments of the state government.
Be it enacted, etc., as folloivs :
Section 1. Section thirteen of chapter eighteen of f^^g^^gij^ ^^•
the Revised Laws is liereby amended by striking out the
whole of said section and inserting in place thereof the
following; : — Section 13. The oflices of all the depart- office hours
ments of the state government shall be open to the public departments.
188
Acts, 1908. — Chaps. 230, 231.
Repeal.
for the transaction of business daily, except on Sundays
and legal holidays, from nine o'clock in the forenoon until
five o'clock in the afternoon, except on Satiu-days, when
they may be closed at twelve o'clock, noon. The treas-
urer and receiver general shall not be required to keep
his oflSce open for the receipt and payment of money later
than two o'clock in the afternoon.
Section 2. Section fourteen of chapter eighteen of
the Revised Laws is hereby repealed.
Section 3. This act shall take eflect upon its passage.
Approved April 13, 1903.
Chan 230 ^'^ ^'^^ ^^ authorize the salem young men's christ
ASSOCIATION TO ACCEPT AND ADMINISTER CERTAIN TRUSTS.
The Salem
Young Men's
C'lii'istian
Association
may accejit,
etc., certain
trust.
Be it enacted, etc., as folloios:
Section 1. In case the Marine Society at Salem shall
resign the trust accepted by it under the authority given
by chapter four hundred and ten of the acts of the year
eighteen hundred and eighty-nine, or there shall be occa-
sion for the appointment of a new trustee under said
trust, the Salem Young Men's Christian Association ma}-,
if appointed thereto by the probate court for the county
of Essex, accept and administer said trust, and hold the
property thereof.
Section 2. This act shall take effect upon its. passage.
Approved April 13, 1903.
Chap.231
R. L. »4, § 11,
amended.
Certain state
paupers may
he removed
to places of
settlement, etc.
An Act relative to the removal of state paupers to the
places of their settlement.
Be it enacted, etc., as foUoivs : .
Section 1. Section eleven of chapter eighty-four of
the Revised Laws is hereby amended by striking out all
after the word "pau})er", in the sixth line, so as to read
as follows : — ^Section 11. If a state pauper, who has re-
ceived a certificate described in section seven of chapter
eighty-five, desires to be sent to any state or place where
he has a legal settlement, or to friends willing to support
him, the board may remove said imuper instead of com-
mitting him, if in its judgment it is for the interest of the
Commonwealth and of the pauper.
Section 2, This act shall take effect upon its passage.
Approved April 14, 1903.
Acts, 1903. — Chaps. 232, 233. 189
An Act relative to the sale of real estate by the com- f^jj^.y^ OQO
MONERS OF SALISBURY.
Be it enacted, etc., as follows :
Section 1 . The Commoners of Salisbury nmy, by a The common-
vote of more than two thirds of the whole numl)er of bury nfay teii
rights or shares and more than two thirds of the number estate" ^^^'
present, in person or b}^ proxy, voting at a legal meeting,
sell the whole or any part of their lands and estate and
divide the proceeds thereof.
Section 2. This act shall take effect upon its passage.
Approved April 14, 1903.
An Act relative to the removal of sick paupers to the /^7,^^ oqq
STATE hospital. ^
Be it enacted, etc., as follows :
Section ten of chapter eighty-five of the Revised Laws r. l. 8.5, § 10,
is hereby amended by striking out all after the word -""ended.
" health", in the fifth line, and inserting in place thereof
the following: — ^;ror<V/ef/, however, that in case of doubt
as to the safety of such removal such officer or agent
shall obtain a certificate of a competent physician that at
the request of such officer or agent he has examined such
pauper, and that in his oi)inion such pauper can so be
removed without injury or danger to his health ; and
provided, also, that such removal shall be made when-
ever ordered by the state board of charity, — so as to
read as follows : — Section 10. No city or town officer Removal of
or agent having the care and oversight of a sick pauper ®'^^ paupers.
shall remove or attempt to remove him or cause him to
be removed to the state hospital unless there is reason-
able cause to believe that such removal will not injure or
endanger his health : 2}7vvided, liowever, that in case of Provisos,
doubt as to the safety of such removal such officer or agent
shall obtain a certificate of a competent physician that at
the request of such officer or agent he has examined such
pauper, and that in his opinion such pauper can so be
removed without injury or danger to his health ; and
provided, also, that such removal shall be made whenever
ordered by the state board of charity.
Approved April 14, 1903.
190 Acts, 1903. — Chaps. 234, 235.
(7^ai>.234 -^^N ^CT TO PROVIDE FOR THE PAYMENT OF DAMAGES AND EX-
PENSES CAUSED BY THE OPERATION OF THE ACT LIMITING THE
HEIGHT OF BUILDINGS IN THE VICINITY OF THE STATE HOUSE.
Be it enacted, etc., as folloios:
dama'^eB etc SECTION 1. To pi'ovide for the payment of damages
lausea by act' and expenscs arising under the operation of chapter four
of buildings in hundred and fifty-seven of the acts of the year eighteen
thlltatehoirse. hundred and ninety-nine, entitled "An Act to limit the
height of buildings in the vicinity of the state house ",
as amended by chapter four hundred and seventeen and
chapter five hundred and twenty-five of the acts of the
year nineteen hundred and one, the treasurer and receiver
general is hereby authorized to issue from time to time,
under the direction of the governor and council, scrip or
certificates of indebtedness in the name and behalf of the
Commonwealth, to such an amount as may be necessary,
in the manner and upon the terms and conditions pre-
scribed in chapter three hundred and eightj^-two of the
acts of the year nineteen hundred, as amended by chap-
ter five hundred and twenty-five and chapter five hun-
dred and thirty-seven of the acts of the year nineteen
hundred and one, and by chapter five hundred and
forty-three of the acts of the year nineteen hundred and
two.
Section 2. This act shall take efi"ect upon its passage.
A^yproved April 15, 1903.
(JJian.235 -^^ ^^'^ RELATIVE TO THE REVISION OF BETTERMENT ASSESSMENTS
IN THE CITY OF BOSTON.
Be it enacted, etc., as follows:
jfsfeslments SECTION 1. The owucr of any real estate in the city
in Boston may of Bostou OH wliicli auv betterment assessment authorized
\)Q I'GVlSCCl etc. •■
by law shall have been made may a})ply to the board which
Provisos. made the assessment for a revision thereof : provided, that
any part of the same remains unpaid or shall have been
paid under protest ; and pi'ovided, furtJier, that an appli-
cation to revise an assessment heretofore made shall be
filed with the board within one 3^ear after the passage of
this act, and that an application to revise an assessment
hereafter made shall be filed with the board within one
year after the board gives notice that the assessment has
Acts, 1903. — Chaps. 236, 237. 191
been made ; and the board, within two months thereafter,
shall revise or refuse to revise the assessment. If a revi-
sion is made any excess of the original assessment over
the revised assessment shall be abated by the board ; and
if any i)art of such excess shall have been paid under pro-
test the board shall issue a certificate of the abatement to
the treasurer of the city, who shall thereupon repay such
part to the person for whom the assessment was paid, or '
to his legal representative, and charge the same to the
appropriation for the work on account of which the assess-
ment was made.
Section 2. This act shall take effect upon its passage.
Approved April 15^ 1903.
An Act to authorize the ueflnoing, in certain instances, (J]ia)-i 236
OF money deposited in lieu of bail in criminal cases.
Be it enacted^ etc.^ as follows :
Section 1. Section seventy-nine of chai)ter two hun- R. L.217, §79,
dred and seventeen of the Revised Laws is hereby amended
by striking out the whole of said section and inserting in
place thereof I hi- following : — Section 79. The defend- ^oS'ln"
ant may surrender himself at any time before a default, [n"i.^,i,|^nai
in the same manner as sureties in criminal cases may sur- cases may be
-. ... ,,' 1111 1 refunded in
render their prmcipal, and the court shall thereupon order certain
the money so deposited to be returned to him or his order.
At any time after a default, on the surrender or recaption
of the defendant, the court wMxy order the whole or any
part of the money so deposited to be returned to him.
Section 2. The provisions of the foregoing amend-
ment shall apply to cases in which forfeiture has been
ordered.
Section 3. This act shall take effect upon its passage.
Approved April 15., 1903.
An Act relative to the granting of locations for poles f^jjfjr,^ 0Q7
AND WIRES. -^
Be it enacted.^ etc., as follows:
Section two of chai)ter one hundred and twenty-two of RL122, §2,
ftniGnclGCl
the Revised Laws is hereby amended by striking out the
whole of said section and inserting in place thereof the
following: — Section 2. The mayor and aldermen of a Granting of
city or the selectmen of a town through which the lines of poi^'and**''^
192 Acts, 1903. — Chap. 238.
wires by cities a of)mpany are to pass shall ffive the company a writing
and towns. -r- • i Ii i u i t j ii i • j ?
specifying where the poles may be located, the kind of
poles, the height at which, and the places where, the wires
may run. Any compan}^, except street railway companies,
desiring permission to erect poles, piers, abutments or
other fixtures upon or along any public way shall, in
writing, petition the said mayor and aldermen or select-
men therefor. A public hearing shall be held on such
petition, and written notices of the time and place at
which such hearing will be held shall be mailed at least
three days before said hearing, by the clerk of the city or
town in which the petition for locations has been made,
to the owners of real estate along the Avays or parts of
ways upon which it is proposed to construct said line, as
determined by the last preceding assessment for taxation.
The clerk of the city or town shall endorse upon the order
or specification of locations granted, his certificate that
notices were sent and a hearing held as herein provided,
"and no such order or specification shall be valid without
such certificate. After the erection of the lines the mayor
and aldermen or selectmen may, after giving the com-
pany or its agents an opportunity to be heard, or upon
petition of the company without hearing or notice, direct
any alteration in the location or erection of the poles,
piers or abutments, and in the height of the wires ; and no
permit shall be required for renewing, repairing or replac-
ing poles, piers, abutments or other fixtures once erected
under the provisions of law. Such certificates, specifica-
tions and decisions shall be recorded in the records of the
city or tow^n. Approved Ajnil 15, 1903.
ChciV.^l'dS ^^ ^CT TO AUTHORIZE THE CITY OK EVERETT TO INCUR INDEBT-
EDNESS BEYOND THE LIMIT FIXED BY LAW, FOR SCHOOL PUR-
POSES.
Be it enacted, etc., as follows :
Bufidi'ng^Loai SECTION 1. The city of Everett, for the purpose of
Act of 1903. ac({uiring land and erecting and furnishing buildings for
school purposes, is hereby authorized to issue from time
to time negotiable notes or bonds to an amount not exceed-
ing one hundred thousand dollars, to be denominated on
the face thereof, Everett School Building Loan, Act of
1903, and bearing interest at a rate not exceeding four
per cent per annum, payable semi-annually.
Chcqj.^m
Acts, 1903. — Chap. 239. 193
Sectiox 2. Such notes or bonds shall be payable in Payment of
such periods, not exceeding twenty years from the dates
of issue, as the city council shall determine at the time
of their issue ; and except as otherwise provided herein
they shall be issued in accordance with the provisions of
chapter twenty-seven of the Revised Laws and of acts in
amendment thereof and in addition thereto. Such notes
or bonds shall not be reckoned in determining the legal
limit of indebtedness of the city.
Section 3. This act shall take eftect upan its passage.
Approved April 15, 1903.
An Act to authorize the town of Salisbury to sell cer-
tain REAL ESTATE.
Be it enacted, etc., as follows :
Section 1 . The inhabitants of the town of Salisbury are Town of saiis-
hereby authorized to sell to the Commoners of Salisbury certain'reaf
all the right, title, interest and claim of said inhabitants comm^nerlof
or of said town, in and to the premises known as Salis- Salisbury.
bury beach, and bounded east by the sea, south by the
Merrimac river, west by the marshes of sundry owners,
and north by the old state line between the state of New
Hampshire and this Conmion wealth, meaning the state
line prior to the last change made therein at that place ;
and the said inhabitants may, by deed executed in their
name and behalf, by such agent or agents as may be ap-
pointed at any town meeting called for the purpose, convey
the same, free of all public rights therein, to said com-
moners or to such person or persons as said commoners
may direct or appoint.
Section 2. Said Commoners of Salisbury are hereby comnionere
authorized, at a meeting called for the purpose, to accept mayVccep/
said sale and to direct and appoint to whom such con- ^^ ®' ^^^'
veyance shall be made, and may obtain the funds with
which to make payment therefor, by loan, by assessment
upon the commoners' rights or shares, or otherwise, and
.may secure any loan made for such purpose by mortgage
of their property.
Section 3. This act shall take effect upon its passage.
Approved April 15, 1903.
194
Acts, 190:i. — Chap. 240.
ChapMO
Conway Water
Company
incorporated.
]May take
certain
waters, etc.
Proviso.
May take
certain lands,
erect struc-
tures, lay
jiipes, etc.
An Act to incorporate the conway water company.
Be it enacted, etc., as foUoivs :
Section 1. John B. Laidley, Arthur P. Delabarre
and Fred. A. Delabarre, their associates and successors,
are hereby made a coi'poration by the name of tlie Con-
way Water Compan}^ for the purpose of furnishing the
inhabitants of Conway with pure water for the extin-
guishment of fires and for domestic purposes ; Avith all
the powers aiid privileges and subject to all the duties,
restrictions and lial)iHties set forth in all general laws
now or hereafter in force relating to such corporations.
Section 2. Said corporation, for the purposes afore-
said, may lease, take or acquire, by purchase or other-
wise, and hold and convey through the town of Conway
the water of Roaring brook and of any tributary thereof,
in Conway, except that part of said brook and its tribu-
taries which lies east of and below 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 Avater rights connected therewith, except
that part which lies east of and below the main road
leading from Conway village to West Whately : pro-
vided, that no source of water supply for domestic pur-
poses shall be taken under this act Avithout the advice
and approval of the state board of health, and that the
location of all dams and reservoirs shall be subject to the
approval of said board. Said company may also take
by purchase or otherwise and hold all lands, rights of
Avay and easements in the town of Conway necessary
for taking, holding, storing and improving such water
and for conveying the same to and through the town of
(^onway, and said comi)any may construct on the lands
thus ac(|uired pr()[)cr dams, buildings, fixtures and other
structures, and may do such other things as may be neces-
sary for providing and maintaining complete and eflective
water Avorks ; and Tor that piu'pose may construct, lay
and maintain afjueducts, conduits, pi})es and other Avorks,
under or over any land, Avatcr courses, railroads, rail-
ways and public or other ways, and along any highway or
other way in the town of (Conway, in such manner as not
unnecessarily to obstruct the same ; and for the purpose
of constructing, laying, maintaining and repairing such
Acts, 1903. — Chap. 240. 195
aqueducts, conduits, pipes and other works, and for all
other piu'poses of this act, said company may dig up,
raise and embank any such lands, higliAvays or other
wa3^s 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 direction of the selectmen of said
town.
Section 3. Said corporation shall within sixty days Description
after the taking of any lands, rights of way, water rights, to bl°recorde'd.
water sources or easements as aforesaid, other 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})ose for which the same w^ere taken, signed by
the president of the cor})oration. The recording shall
operate as a taking of the real estate and rights and ease-
ments therein described.
Section 4. The said corporation shall pay all damages Damages.
to property sustained by any person by the taking of any
land, right of way, water source, water right or easement,
or by any other thing done by said corporation under au-
thority hereof. Any person sustaining damages as afore-
said who fails to agree with said cor[)oration as to the
amount thereof may have the same assessed and deter-
mined in the manner provided by law when land is taken
for the laying out of highways, on application at any time
within three years after the taking of such land or other
pro})erty or the doing of other injury under authority of
this act, but no such application shall be made after the
expiration of said three 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 water
is actually withdrawn or diverted by said corporation
under authority of this act.
Section 5. Said corporation may distribute the water Distribution
through said town of Conway, may establish and fix from ' '
time to time the rates for the use of said water and collect
the same ; and may make such contracts with the said
tow n or with any fire district now or hereafter established
therein, or wdth any individual or corporation, to supply
water for the extinguishing of fire or for other purposes,
as may be agreed upon with said town or with such fire
district, individual or corporation.
196
Acts, 1903. — Chap. 240.
Real estate and
capital stock.
The Conway
Water Com-
pany Loan.
Certificate
to be filed
before bonds
are issued, etc.
K. L. 109, §§ 22
and 23, to
apply.
Penalty for
corruption of
water, etc.
Town of Con-
way may take
franchise,
property, etc.
Section 6. Said corporation may, for the purposes
aforesaid, hold real estate to an amount not exceeding ten
thousand dollars in value. The capital stock of said cor-
poration shall not exceed thirty thousand dollars, to be
divided into shares of one hundred dollars each. If neces-
sary for the purposes of the corporation an increase 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.
The cori)oration may issue bonds and secure the same by
mortgage of its franchise and other pi-operty, but the total
amount of such bonds shall not exceed the capital stock
of the corporation actually paid in. Said bonds shall be
denominated on the face thereof, The Conway Water Com-
pany Loan ; shall be payable at the expiration of periods
not exceeding thirty years from the date of issue ; shall
bear interest, payable scmi-aniuially, at a rate not exceed-
ing five per cent per annum, and shall be issued only to
such amount as may from time to time upon investigation
by the commissioner of corporations be deemed by him
reasonably necessary for the purposes for which said cor-
poration is established. A certificate setting forth the
decision of the conmiissioner shall be filed in the office of
the secretary of the ConmionAvealth before the bonds are
issued, and the proceeds shall be applied onlj^ to such
purposes as are specified in the decision of the commis-
sioner.
Section 7. Sections twenty-two and twenty-three of
chapter one hundred and nine of the Revised Laws shall
apply to the payment of the thirty thousand dollars of
the capital stock of the corj)oration.
Section 8. Whoever wilfully or wantonly corrupts,
pollutes or diverts any water taken or held under this act,
or injures any structure, work or other })roperty owned,
held or used by said corporation, under the authority and
for the purposes of this act, shall forfeit and pay to said
corporation 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 fine not exceeding three hundred dollars,
or by imprisonment for a term not exceeding one year.
Section 9. The town of Conway shall have the right
at any time to take, by purchase or by exercise of tho,
right of eminent domain, the franchise, property and all
Acts, 1903. — Chap. 240. 197
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 the town shall so take said property it
may as part payment of the amount to be paid for said
taking assume any indebtedness of said corporation in-
curred in the construction or improvement of the prop-
erty, by lawful issue of bonds secured by mortgage. Said statement of
corporation shall furnish to the town of Conway, under expenditures,
oath, an itemized statement of the cost of the water supply furnished
sj'stem authorized under this act, together with a copy ^^'^^^^y-
of all contracts made in providing and constructing said
water supply system and any extension thereof, and shall
furnish to said town annually an itemized statement, under
oath, of its receipts and expenditures and of the dividends
paid on its stock, wliich shall be submitted by the select-
men to the citizens of the town at each annual town meet-
ing. 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 taking, if by exercise of the right
of eminent domain, shall be b}^ filing in the registry of
deeds for the county of Franklin a declaration of such
taking, which shall include a certified 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.
Section 10. The selectmen of said town upon applica- corporation
tion of the owner of any land, water or water rights taken qulred'^to^'sive
under this act, shall require said corporation to give satis- seciSty'^tor
factory security for the payment of all damages and costs §ai^a^es "eic.
which may be awarded such owner for the land or other
property so taken ; but before requiring such secnrity the
selectmen shall, if application therefor is made by either
party, make an estimate of the damages which may result
from such taking ; and the selectmen shall in like manner
re(]uire further security if at any time the security before
required appears to them to have become insufficient ; and
all the right or authority of said corporation to enter upon
198
Acts, 1903. — Chap. 241.
When to take
effect, etc.
or use such land or other property, except for making sur-
veys or tests of the soil, shall be suspended until it gives
security as recjuired.
Section 1 1 . This act shall take effect upon its passage,
but shall become null and void unless \\!:ork is begun under
it within three years after the date of its' passage.
Approved Ajml 16, 1903.
ChapMl
R. L. 144, § 1,
etc., amended.
Petition for
appointment
of receiver.
An Act relative to the settlement of estates of absentees.
Be it enacted, etc., as folloivs :
Section 1. Section one of chapter one hundred and
forty-four of the Revised Laws, as amended by section
fourteen of chapter five hundred and forty-four of the acts
of the year nineteen hundred and two, is hereby further
amended by striking out the whole of said section and in-
serting in place thereof the following : — Hedion 1. If a
person entitled to or having an interest in property within
the jurisdiction of the Commonwealth has disappeared or
absconded therefrom, or has disappeared or absconded
from the place without the Commonwealth where he was
last known to be, and has no agent in the Commonwealth,
and it is not known where he is, or if such person, having
a wife or minor child dependent to any extent upon him
for support, has thus disappeared or absconded without
making sufficient provision for such sup})ort, and it is not
known where he is, or if it is known tliat he is without
the Commonwealth, any one who would under the law of
this Commonwealth be entitled to administer upon the
estate of such absentee if he were deceased, or if no one
is known to be so entitled, any suitable person, or such
wife, or some one in her or such minor's behalf, may file
a petition under oath in the probate court for the county
in which any such property is situated or found, stating
the name, age, occupation and last known residence or
address of such absentee, the date and circumstances of
the disappearance or absconding, and the names and resi-
dence of other persons, whether members of such absen-
tee's family or otherwise, of whom inquiry may be made,
and containing a schedule of the property, real and per-
sonal, so far as it is 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.
Acts, 1903. — Chap. 242. 199
Section 2. Section eleven of said chapter one hun- r. L.144, §ii,
dred and forty-four is hereby amended by striking out ^"^^° ^
the whole of said section and inserting in place thereof
the following : — Section 11. If at the expiration of said Yt%ov^nj.
fourteen 3^ears said propert}" has not been accounted for,
delivered or paid over under the provisions of the preced-
ing section, the court shall order the distribution of the
unexpended balance thereof to the persons to whom, and
in the shares and proportions in which, it would have been
distributed if said absentee had died intestate within this
Commonwealtli on the day fourteen years after the date
of the disappearance or absconding as found and recorded
by the court.
Section 3. Sections fifteen, sixteen, seventeen, eigh- Repeal,
teen and nineteen of cha[)ter five hundred and forty-four
of the acts of the year nineteen hundred and two are
hereby repealed.
Section 4. This act shall take effect upon its passage.
Approved April 16, 1903.
ChapM2
An Act to provide for the addition op the town of revere
TO the north metropolitan sewerage system.
Be it enacted, etc., as follows:
Section 1 . The territory comprising the town of Re- Town of
vere is hereby added to the north metropolitan sewerage toThe Horth^
district, created by chapter four hundred and thirty-nine "ewerage*^'^
of the acts of the year eighteen hundred and eighty-nine, district, etc.
In becoming a part of the metropolitan system said addi-
tion shall be subject to the provisions and shall conform to
the requirements of the aforesaid act and of acts in amend-
ment thereof and in addition thereto, except as otherwise
provided herein, and the proportionate lialjility incurred
by said addition shall be assumed by the town of Revere.
Any authority granted to other municipalities by said act
or acts in amendment thereof and in addition thereto is
also vested in the town of Revere, in common with said
other municipalities.
Section 2. The metropolitan water and sewerage board p^vlded for
shall provide one or more outlets at the Revere town line sewage, etc.
for the sewage of said town, and, acting on behalf of the
Commonwealth, shall construct a main trunk sewer or
sewers through such parts of the city of Chelsea as may
be necessary, to such point in the north metropolitan
200 Acts, 1903. — Chap. 242.
system at the corner of Eastern avenue and Marginal street
in Chelsea, as said board may determine. The sewer or
sewers so to be constructed to enter the town of Revere
shall be built at a sufficiently low grade to drain by gravity
the sewage from the whole town of Revere.
Metropolitan SECTION 3. In providing such outlets and in receiving
sewerage scwage from the town of Revere, and in any action relat-
exercieecer- ing thereto, and for the purpose of taking, constructing
uiin authority, ^^^^ maintaining such additional main lines of sewer, the
said metropolitan water and sewerage board, acting on
behalf of the Commonwealth, shall have and exercise all
the authority conferred upon them by chapter four hun-
dred and thirty-nine of the acts of the 3'ear eighteen
hundred and eighty-nine and acts in amendment thereof
and in addition thereto, and by chapter one hundred and
sixty-eight of the acts of the year nineteen hundred and
one ; and all the provisions of said acts are hereby made
applicable to this additional construction, except as other-
wise provided herein.
Metropolitan SECTION 4. To meet the expenses incurred under the
sewerage a ,
Loan. provisions of this act the treasurer and receiver general
shall, with the approval of the governor and council, issue
scrip or certificates of debt, in the name and behalf of
the Commonwealth and under its seal, to an amount not
exceeding two hundred thousand dollars, for a term not
exceeding thirty years. Such scrip or certificates of debt
shall be issued as registered bonds or with interest coupons
attached, and shall bear interest at a rate not exceeding
four per cent per annum, payable semi-annually on the
first days of March and September in each year. Said
interest and the scrip or certificates shall be payable and
when due shall be paid in gold coin or its equivalent.
Such scrip or certificates of debt shall be designated on
the face thereof. Metropolitan Sewerage Loan, shall be
countersigned by the governor, and shall be deemed a
pledge of the faith and credit of the Commonwealth, re-
deemable at the time specified therein in gold coin or its
equivalent, and shall be sold and disposed of at public
auction or in such other mode and at such times and prices
and in such amounts and at such rate of interest, not
exceeding four per cent per annum, as the treasurer and
receiver general with the approval of the governor and
council shall deem for the best interests of the Common-
wealth. Any scrip or certificates of debt issued under the
Acts, 1903. — Chap. 242. 201
provisions of this act shall be considered as an addition to
and shall become a part of the loan authorized by chapter
four hundred and thirty-nine of the acts of the year eight-
een hundred and eighty-nine, as amended by chapter three
hundred and seven of the acts of the year eighteen hun-
dred and ninety-four, and by chapter two hundred and
ninety-four of the acts of the year eighteen hundred and
ninety-five.
Section 5. The interest and sinking fund requu-ements Payment of
of the moneys expended in constructing that part of the *'''^°'®''^-
sewerage system provided for in this act, and the cost of
maintenance and operation thereof, shall be deemed and
paid as a part of the interest, sinking fund requirements
and costs specified in section fifteen of said chapter four
hundred and thirty-nine, and the sinking fund established
under the provisions of said chapters shall be a sinking
fund for the extinguishment of the debt authorized by
this act, said funds to be increased in the following man-
ner : — The treasurer and receiver general shall from year
to year, beginning with the jear nineteen hundred and
three, apportion to said sinking fund an amount sufiicient
with its accumulations to extinguish the debt at maturity ;
and in making the assessment for the increase of said sink-
ing fund upon the several cities and towns liable thereto
seven two hundred and fortieths of the whole amount shall
be assessed in each of the first seven years, beginning with
the year nineteen hundred and three, one thirtieth in each
of the next ten years, beginning with the year nineteen
hundred and ten, and the remainder shall be distributed
equally in the next ten years, beginning with the 3^ear
nineteen hundred and twenty. Any premium realized
from the sale of said scrip or certificates of debt shall be
applied to the payment of the interest on said loan as it
accrues.
Sectiox 6. The commissioners to be appointed by the Town of
supreme judicial court under the provisions of section four- imiudetun^
teen of chapter four hundred and thirt3^-nine of the acts jlrop'lirtfons to
of the year eighteen hundred and eighty-nine, for the pur- ^^'^ assessed.
poses specified in said section, and any other commissioners
thereafter appointed for said purposes, shall include the
town of Revere among the cities and towns whose propor-
tions are to be determined as provided in said section.
Section 7. The metropolitan water and se\^'erage Detemnnatien
board, until the town of Revere has been included in pLTbytowii'^
202
Acts, 1903. — Chap. 243.
until Included
in a tluding of
conimlsslon-
eru.
Proviso.
a finding of" commissioners appointed by the supreme
judicial court, shall each year determine the amount to
be paid b}' said town in that year as its fair share of the
interest, sinking fund re(juirements and cost of mainte-
nance and operation of said north metropolitan sewerage
system, and the same shall lie certified by the treasurer and
receiver general and })aid by said town as provided ior
payments of proportional parts of such interest, sinking
fund requirements and costs by the other cities and towns
in said district : provided^ however^ that no part of the
cost of maintenance shall be assessed upon said town until
its sewers are connected with the north metropolitan sys-
tem as provided herein.
Section 8. This act shall take eftect upon its passage.
Approved April 16, 1903.
0/i«».243 ^^ -'^CT RELATIVE TO PAYMENT OF THE COST OF LAYING OUT,
ALTERING AN1> REPAIRING HIGHWAYS.
R. L. 48, § 5-2,
amended.
Payment of
cost of layiufi
out, etc., higl]
ways.
Certain suits,
etc., not
alfected.
Be it enacted, etc., as follows :
Section 1. Section fifty-two of chapter forty-eight of
the Revised Laws is hereby amended by striking out the
word "relocated", in the second line; and b}' striking
out the words "upon the order of the commissioners",
in the fifth and sixth lines, and inserting in place thereof
the words : — or by the town or towns in which the part
or parts of the highway affected are respectively located,
as the commissioners may order, — so as to read as fol-
lows : — /Section 52. When a highway has been finally
laid out and established, altered or discontinued, or when
specific repairs are ordered on an existing highway, the
expenses of the proceeding, the damages allowed therefor
and the amounts awarded as indemnity shall be paid by
the county, or by the town or towns in which the part or
parts of the highway affected are respectively located, as
the commissioners may order, except as herein otherwise
provided.
Section 2. The provisions of this act shall not aflect
any suits for the recovery of land damages pending at the
time of its passage, or operate to release any county from
any liability for the payment of damages, expenses or
indemnity on account of the laying out, establishing, re-
locating, altering or discontinuing of a highway b}^ the
county commissioners prior to the passage of this act, or
Acts, 1903. — Chaps. 244, 245, 246. 203
on account of their ordering specific repairs on a liighway
prior to the passage of this act.
Section 3. This act shall take effect upon its passage.
Approved April 16, 1903.
An Act to providk further for the protection of certain (JJki^j 244
marsh birds.
Be it enacted, etc., as folloios :
Section 1 . Whoever takes or kills any heron or bit- Taking, etc.,
, , . -, J.^ c '^" heron or
tern, or has in possession any such bird or part thereoi, bittern pro.
whenever or wherever taken, shall be punished by a fine
not exceeding ten dollars for every bird so taken or killed,
or bird or part of bird so had in possession.
Section 2. Nothing in this act shall prevent the owner Not to apply in
or keeper of any trout pond or trout hatchery from killing
any heron or bittern engaged in the act of destroying fish ;
nor shall anything herein contained prevent the taking or
possession of said birds by natural history associations,
museums, or holders of certificates authorizing the collec-
tion of specimens for scientific purposes.
Approved April 16, 1903.
An Act to provide for the better protection of deer. OJir/rt 94 H!
Be it enacted, etc., as follows :
Section seventeen of chapter ninety-two of the Revised f^^n^^|^^ ^^'
Laws is hereby amended by striking out the whole of said
section and inserting in place thereof the following : —
Section 1 7. Whoever, before the first day of November Preservation
in the year nineteen hundred and eight, hunts, chases,
wounds, injures or kills a deer, except his own tame deer
kept on his own grounds, shall forfeit one hundred dol-
lars for each ofience : jj/'oi'^Z^^f?, however, that nothing Proviso.
contained herein shall prevent an owner or occupant of
cultivated land from driving a deer therefrom, but dogs
shall not be used for this purpose, nor shall the deer be
wounded or injured. Approved April 16, 1903.
An Act to provide for the better protection of fish. Qhccv 246
Be it enacted, etc., as folloivs :
Section one hundred and thirty -three of chapter ninety- r. l. 91, § 133,
one of the Revised Laws is hereby amended by striking ^^^"^
204 Acts, 1903. — Chaps. 247, 248.
out the whole of said section and inserting in place thereof
Dofsonfn?' the following : — Section 133. Whoever puts or throws
fish, etc. iiitQ any waters for the purpose of taking or destroying
fish therein any poisonous substance, simple, mixed or
compound, or whoever kills or destroys fish by the use
of dynamite or other explosive, or explodes dynamite
or powder in fishing waters, shall forfeit ten dollars for
Proviso. each oftence : provided, hotvever, that the provisions of
this act shall not- apply to operations of the federal gov-
ernment, of the state government, or of any municipal
government in this Commonwealth, nor to the use of ex-
plosives for raising the body of a drowned person.
Approved April 16, 1908.
Chap.2i4:7 ^^ ^CT relative to drills BY HEAVY ARTILLERY REGIMENTS
AND THE NAVAL BRIGADE.
Be it enacted, etc., as follows :
fmended.^ ^^^' Section one hundred and thirty-nine of chapter sixteen
of the Revised Laws is hereby amended by inserting before
the word " regiments", in the fourth fine, the words : —
and heavy artillery, — and by inserting after the word
"regiments", in the same line, the words: — and the
Militia naval brigade, — so as to read as follows : — Section 139.
Every company shall drill at least twice in each month or
oftener on the order of commanding officers. Battalion
drills may count in the place of company drills. ' Battalions
of infantiy and heavy artillery regiments and the naval
brigade may, without pay, be assembled for instruction
twice each year, by order of the commander-in-chief.
Transportation shall be furnished by the quartermaster
general. Approved April 16, 1903.
Chcip.2i4:S ■^'^ -^*^'^ '^^ CONFER UPON THE PROBATE COURT JURISDICTION IN
REGARD TO CERTAIN MATTERS RELATIVE TO TAXES UPON COL-
LATERAL LEGACIES AND SUCCESSIONS.
Be it enacted, etc., as folloivs :
amended? ^^' Section seventeen of chapter fifteen of the Revised
Laws is hereby amended by adding at the end thereof
the Avords : — The probate court shall also have jurisdic-
tion in like proceedings to discharge the lien created by
this act or any amendment thereof on any real estate or
separate parcel thereof, and shall make such order or
Acts, 1903. — Chap. 249. 205
decree as will otherwise secure to the Commonwealth
the payment of any tax due or to becomfc due on such
real estate or separate parcel thereof, — so as to read as
follows : — Section 17. The probate court having juris- Jurisdiction of
diction of the settlement of the estate of the decedent Fn cemin*'"'^*^
shall, subject to appeal as in other cases, hear and deter- JiveTotales
mine all questions relative to said tax affecting any devise, and^ucles-^^
legacy or inheritance, and the treasurer and receiver sions, etc.
general shall represent the Commonwealth in any such
proceedings. The probate court shall also have jurisdic-
tion in like proceedings to discharge the lien created by
this act or any amendment thereof on any real estate or
separate parcel thereof, and shall make such order or
decree as will otherwise secure to the Commonwealth the
payment of an}" tax due or to become due on such real
estate or separate parcel thereof.
Approved April 16, 1903.
An Act to provide for establishing a board of registra-
tion IN veterinary medicine.
Chap.2A9
Be it enacted, etc., asfollozvs:
Section 1. The o^overnor, with the advice and consent Board of
.1,1, • n • • • 1 registration
of the council, shall apponit nve vetermarians, residents in veterinary
iTfiGciiciiiG
of this Commonwealth and graduates of a school of veter- appointment,
inary medicine recognized by the American Veterinary ®"°^»®*<'-
Medical Association, who shall constitute a board of reg-
istration in veterinary medicine. Their terms of office
shall begin on the first day of January in the year nine-
teen hundred and four, and they shall hold oiEce, one for
one year, one for two years, one for three years, one for
four years and one for five years, or until their successors
are appointed : and the governor shall appoint annually
thereafter, before the first day of December, beginning
with the year nineteen hundred and four, one veterinarian,
qualified as aforesaid, who shall hold office for five years
from the first day of January next ensuing. Any member Removals,
of said board may be removed from office for cause by the compensation,
governor, with the advice and consent of the council.
The members of the board shall each receive a salary of
fifty dollars a year, and their necessary travelling and con-
tingent expenses actually incurred in attending meetings
of the board. The said salary and expenses shall be paid
out of the treasury of the Commonwealth.
206
Acts, 1903. — Chap. 249.
Organizatiou,
meetings, etc.
Certain per-
sons entitled
to registration,
etc.
Certain
persona to ije
examined, etc.
Disposition
of fees.
Examinations.
Section 2. The nienibors of said board shall meet on
the second Tuesday of ,January in each year, at such time
and place as they shall determine, and shall immediately
proceed to organize by electing a chairman and a secre-
tary, who shall hold their respective offices for the term of
one year. Said board shall hold regular meetings on the
first Tuesday of March, July and November of each year,
and such additional meetings at such times and places as
they may determine. Said board may make by-laws and
rules not inconsistent with law necessary to carry out the
provisions of this act.
Section 3. Said board shall notify all persons prac-
ticing veterinary medicine in this Commonwealth of the
provisions of this act by publishing the same in one or more
ncAvspapers in this Commonwealth, and every such person
who is a graduate of a recognized school of veterinary med-
icine, and also every person Avho has been a practitioner
of veterinary medicine in this Commonwealth for a period
of three years next prior to the passage of this act, shall,
upon the payment of a fee of two dollars, be entitled to
registration, and said board shall issue to him a certificate
thereof signed by its chairman and secretary. Registra-
tion under the provisions of this section shall cease on the
first day of September in the year nineteen hundred and
four. All applications for registration under this act shall
be made u})on blanks furnished by the board, and shall be
signed and sworn to by the applicant.
Section 4. Any person not entitled to registration as
aforesaid who is twenty-one years of age shall, upon the
payment of a fee of five dollars, be entitled to examina-
tion, and if found qualified by the board shall be regis-
tered and shall receive a certificate of registration as
provided in section three. Any person who fails to pass
a satisfactory examination and is therefore refused regis-
tration may be re-examined at any regular meeting of the
board within two years of the time of such refusal, without
additional fee, and thereafter may be examined at any
regular meeting upon the payment of a fee of five dollars
for each examination. The fees received for examination
and registration of applicants before the l^oard shall be
paid monthly by the secretary of the board into the treas-
ury of the Commonwealth.
Section 5. Examinations shall be held at least tAvice
annually, and shall be exclusively in writing, in English.
Acts, 1903. — Chap. 250. 207
There shall be suitable questions to test the requisite
knowledge of the applicants in the following subjects : —
Anatomy, surgery, physiology, animal parasites, obstet-
rics, pathology, bacteriology, diagnosis and practice, ther-
apeutics and materia medica.
Section 6. It shall be the duty of said board to keep Register to be
a register of all practitioners qualified under this act, which ^^'^' ^^^'
shall be open to public inspection, and to make an annual
report to the governor.
Section 7. It shall be unlawful after the first day of f^er^^ept^ ^
September in the year nineteen himdred and four for any i904, without
person to practice veterinary medicine, or any branch prohibited.
thereof, in this Commonwealth who does not hold a cer-
tificate issued by said board.
Section 8. Any person not registered as provided by Penalty.
this act who shall practice veterinary medicine or any
branch thereof in this Commonwealth shall be guilty of a
misdemeanor, and shall upon conviction thereof be pun-
ished by a fine of not less than fift}^ dollars or by im-
prisonment for a term not exceeding two months, or by
both such fine and imprisonment.
Section 9. The provisions of this act shall not be con- Not to prohibit
, T , 1 -1 'J? 1 • • • r advice or
strued to prohibit advice or service, in a case oi emergency^, service in case
by a person not entitled to practice veterinary medicine o*,emergency,
under this act, and the provisions of section nine of chap-
ter seventy-six of the Revised Laws relating to the prac-
tice of medicine within the Commonwealth by physicians
and surgeons shall, so far as they may be applicable, apply
to the practice of veterinary medicine or any branch thereof
by veterinarians.
Section 10. Except as otherwise provided herein this when to take
act shall take efl'ect upon its passage.
Approved April 16, 1903.
An Act to incorporate the Salisbury land and improve- f^Jfffjj 9J^()
MENT COMPANY.
Be it enacted, etc., as follows :
Section 1. Edward P. Shaw, James F. Shaw, Phineas Salisbury
W. Sprague, George A. Butman and EdAvard P. Shaw, improvement
Junior, their associates and successors, are hereby made corporated°
a corporation by the name of the Salisbury Land and Im-
provement Company, for the purpose of buying, holding,
owning, managing, improving, mortgaging, leasing, sell-
208
Acts, 1903. — Chaps. 251, 252.
May own, hire
and carry on
hotels, etc.
Capita] stock.
ing or otherwise dealing Avitli or disposing of any real
estate in the town of Salisbuiy, and performing such
other legal acts as may be necessary in accomplishing
said purposes ; with all the powers and privileges and
subject to all the duties, liabilities and conditions set
forth in all general laws now or hereafter in force and
ap})licable to such corporations.
Section 2. Said corporation may build, o^yn, hire and
carry on a hotel or hotels and other buildings in said town,
and may hold such personal property as it may deem nec-
essary or convenient.
Section 3 . The capital stock of said corporation shall
be forty thousand dollars, which may hy vote of the cor-
poration be increased to an amount not exceeding one
hundred thousand dollars, to be divided into shares of
one hundred dollars each.
Section 4. This act shall take eftect upon its passage.
Approved April 17., 1903.
ChCtV.^^X -^^ -^^^ '^^ AUTHORIZE THE TREASURER AXD RECEIVER GENERAL
TO EFFECT SETTLEMENT OF THE TAX ON COLLATERAL LEGACIES
AND SUCCESSIONS IN CERTAIN CASES.
Be it enacted^ etc., as follows :
Section 1. In every case where there shall be a devise,
descent or bequest to collateral heirs or strangers liable to
the collateral legacy tax, conditioned upon the happening
of a contingenc}^ or dependent upon the exercise of a dis-
cretion, the treasurer and receiver general may, with the
approval of the attorney-general, effect such settlement
of the tax as he shall deem to be for the best interests of
the Commonwealth, and payment of the sum so agreed
upon shall be a full satisfaction of such tax.
Section 2. This act shall take effect upon its passage.
Ap2)roved April 17, 1903.
Settlement
of tax on
collateral
legacies, etc.,
in certain
cases.
Chap.2i52 ^^ ^^'^ "^^ INCORPORATE THE TOWN OP BALDWINVILLE.
Be it enacted, etc. , as follows :
Section 1. All the territory now within the town of
Templeton which lies northerly of the following described
line, that is to say: — Beginning at a stone monument
marking an angle in the boundarj^ line between the town
of Templeton and the town of Phillipston at the north-
Town of
Baldwinville
incorporated.
Acts, 1903. — Chap. 252. 209
easterly corner of the Lewis Brigham farm, so-called, and Baidw?nviiie
now owned and occupied by Oscar O. Oliver, and running mcorioorated.
thence in a straight line easterly to a stone monument at
the northwest corner of the Baptist common school house
lot, thence in the same course easterly to a stone monu-
ment on the east line of the East Baptist common road,
thence running southeasterly in a straight line to the
boundary line between the town of Templeton and the
town of Gardner, at the point where the Underwood
pond outlet empties into the Otter river, is hereby incor-
porated into a separate town by the name of Baldwinville ;
and the said town of Baldwinville is hereby vested with
all the powers, privileges, rights and iumiunities, and
subjected to all the duties and obligations conferred or
imposed on towns by the constitution and laws of the
Commonwealth .
Section 2. The inliabitants of and the estates within payment of
the town of Baldwinville, and the owners of all such *^-^*^^>^'^-
estates, shall be holden to pay all arrears of taxes which
have legally been assessed upon them by the town of
Templeton, and all the taxes heretofore assessed and not
collected shall be collected and paid to the treasurer of
the town of Templeton, and all moneys now in the treas-
ury of the town of Templeton, or that may hereafter be
received from taxes now assessed, shall be applied to the
purposes for which they were raised and assessed, in the
same manner as if this act had not been passed ; and until
the next state valuation the town of Baldwinville shall
annually in the month of Novem1)er pay to the town of
Templeton its proportion of such state and county taxes as
may be assessed upon the town of Templeton, said pro-
portion to be ascertained and determined by the last valu-
ation of the town of Templeton ; and the assessors of the
town of Templeton shall make return of said valuation
and the proportion thereof in the towns of Templeton and
Baldwinville, respectively, to the secretary of the Com-
monwealth and to the county commissioners of the county
of AVorcester.
Section 3. The towns of Templeton and Baldwinville Belief and
shall be respectively liable for the support of all persons paupers°etc
who now do or shall hereafter stand in need of relief as
paupers, whose settlement was gained either by original
acquisition or by derivation within their respective limits,
and the town of Baldwinville shall pay annually to the
210
Acts, 1903. — Chap. 252.
Certain sums
to be paid to
Baldwinville,
etc.
Suits and
proceedings
at law or in
equity.
Division of
corporate
Sroperty and
ebts.
town of Templeton such proportion of all costs for the
support or relief of those persons who now do or shall
hereafter stand in need of relief or support as paupers
and whose settlement bj^ original acquisition or by deriva-
tion was gained by reason of military service as a part of
the quota of the town of Templeton, or who cannot be
located on the site whence their settlement was derived,
or Avhereon it was acquired, as the valuation of the town
of BaldAvinville shall bear to that of the town of Temple-
ton, according to the last state valuation prior to the giving
of such relief or support.
Section 4. That part of the cemetery fund the income
of which is to be applied to the care of the cemetery in
Baldwinville, belonging to the town of Templeton, shall
be paid to and become the property of the town of Bald-
winville, and shall be managed and the income expended
according- to the intention of the original grant thereof.
The toAvn of Templeton shall also pay to the town of
Baldwinville a proportionate part of whatever amount may
hereafter be refunded to the town of Templeton by the
Commonwealth or by the United States to reimburse it
for bounties to soldiers or for state or other aid hereto-
fore paid to soldiers or their families, after deducting all
reasonable expenses, and shall bear the expense of making
the necessary surve3^s and establishing the lines between
it and the town of Baldwinville.
Section 5. All suits and proceedings at law or in
equity where the cause of action in favor of or against the
town of Templeton arose before the passage of this act,
shall be instituted and prosecuted or defended b}^ the town
of Templeton, with the same effect as if this act had not
been passed, and the amount recovered in any such suit
or proceeding by or against the town of Templeton shall
be received or paid as the case may be by the town of
Templeton, and reckoning costs and expenses, including
counsel fees, shall be divided between the towns of Tem-
pleton and Baldwinville in proportion to the last valuation
prior to the passage of this act.
Section 6. The corporate property of the town of
Templeton, both real and personal, in being at the time
of the passage of this act, and the town debts then exist-
ing, shall be divided between the towns of Templeton and
Baldwinville according to the valuation of the property
within their respective limits as assessed Ma}^ first in the
Acts, 1903. — Chap. 252. 211
year nineteen hundred and two. The towns shall severally
retain and hold all the real and personal property noAv
within their respective limits, except the records, which
shall be the property of the town of Templeton, at a
valuation to be agreed upon by the boards of selectmen
of both towns in concurrence, and the differences in valua-
tion shall be equalized and balances adjusted by appor-
tionment of the town debt. In case of a failure to agree in case of fail.
upon a valuation and division of the assets and liabilities matters to^be
the same shall be determined by a board of three commis- bfcommif.
sioners, neither of whom shall be residents of either of signers.
said towns, to be appointed b}'' the superior court for the
county of Worcester, in term time or vacation, upon
petition of either town after notice to the other, whose
award when accepted by the court shall be final ; and the
said court may issue any writ or make any order thereon
necessary to carr}^ said award into effect. The award may Award of com-
be set aside for fraud or manifest error, but for no other ""®^^*''^*'''^-
cause, and the matters to be determined as aforesaid may
be recommitted to the same or other commissioners to
be appointed for the same purpose, with like powers and
duties as aforesaid.
Section 7. The town of Baldwinville, until it is other- Election
wise provided by law, shall continue to be a part of the *^^''*'"'*''^-
fourth congressional district, of the seventh councillor
district, of the fourth AVorcester senatorial district, and
of the second representat^ive district of Worcester county ;
and the inhabitants of said town shall vote for each of said
officers in the town of Baldwinville. The selectmen and
clerk of the town of Baldwinville in each of said cases
shall make returns as if said town had existed at the time
of the formation of said district. The town of Baldwin- Judicial
ville, until it is otherwise provided by law, shall continue '^^®*"*^*-
to be a part of the judicial district of the first district
court of northern Worcester. The town of Baldwinville superin-
shall continue as a part of the union of the towns of schools."*
Templeton, Hubbardston, Phillipston and Eoyalston for
the support of a superintendent of schools.
Section 8. Any iustice of the peace within and for First meeting
for election of
Worcester county, whose residence is in the town of town officers.
Baldwinville, may issue his warrant, directed to any in-
habitant of said town, requiring him to notify and warn
the inhabitants thereof qualified to vote in town affairs,
to meet at the time and place therein appointed, for the
212
Acts, 1903. — Chap. 252.
Certain rights
of existing
corporations
not affected,
etc.
Wlien to take
effect.
purpose of choosing all such officers as towns are by law
authorized and required to choose at their annual meeting,
and said warrant shall be served by posting copies thereof,
attested by the person to whom the same is directed, in
three or more public i)laces in the toAvn of Baldwinville,
seven days at least before such time of meeting. The
said justice, or in his absence the inhabitant required to
notify the meeting, shall preside until the choice of a
moderator in said town meeting;. The remstrars of the
town of Templeton shall before said meeting prepare a
list of voters in the town of Baldwinville qualified to
vote at said meeting, and shall deliver the same to the
person presiding* at such meeting before the choice of
moderator thereof.
Section 9. All rights heretofore secured to existing
corporations upon the territory hereby incorporated shall
continue as though this act had not been passed. The
powers and privileges reserved to the town of Temple-
ton and the selectmen thereof in any orders or decrees
heretofore made by the selectmen of Templeton i-elative
to the construction, maintenance and operation of a street
railway by the Templeton Street Railwa}^ Company in
said town, shall hereafter, so far as relates to the con-
struction, maintenance and operation of said street rail-
Avay in the territory hereby incorporated as the town of
Baldwinville, enure to and be exercised by the town of
Baldwinville and the selectmen thereof, respectively, as
fully as if said orders or decrees had originally been
made by the selectmen of said Baldwinville.
Section 10. This act shall take full efl'ect upon its
acceptance by a two thirds vote of the voters of the town
of Templeton present and voting thereon at any special
election or legal meeting duly called for the purpose,
but the number of such elections or meetings shall not
exceed two. The first of such elections or meetings shall
be called in the month of April in the year nineteen hun-
dred and three, and if a subsequent election or meeting
should be necessary it shall be called in the month of
September in the year nineteen hundred and tlu^ee. The
selectmen of said town shall insert in the warrant for such
election or meeting an article providing for a vote upon
the question, "Shall the act to incorporate the town
of Baldwinville be accepted ? " The vote shall be by
separate ballot and in accordance with what is commonly
Acts, 1903. — Chaps. 253, 254. 213
known as the Australian ballot or method of voting ; and
the ballot shall be printed in substantially
the following form : — Shall the act to incor-
TES.
Chap.253
porate the town of Baldwinville be accepted? ^^'
In taking said vote the check list shall be used. So much
of this act as authorizes the submission thereof to the voters
of the town of Templeton shall take effect upon its passage.
Approved April 17, 1903.
An Act relative to the appoiktmext of the commissioners
OV THE firemen's RELIEF FUND.
Be it enacted., etc., as follows :
Sectiox 1 . Section seventy-three of chapter thirty- r. l. 32, § 73,
tw^o of the Revised LaAvs is hereby amended by striking ^^^^^
out the whole of said section and inserting in place thereof
the following : — Section 73. Such fund shall be used fji^g^^ju^jj
for the relief of firemen, wdiether members of said asso-
ciation or not, who may be injured in the performance
of their duty at a fire or in going to or returning from
the same, and for the relief of the widows and children
of firemen killed in the performance of such duty, in the
manner and to the amount determined by a board of
five persons, of whom three, not members of said asso-
ciation, shall be appointed by the governor in July of the
year nineteen hundred and three, to serve, one for three
years, one for two years and one for one year ; and one
shall be appointed in July of each year thereafter to serve
for the full term of three years, and two shall be appointed
by said association in such manner as it may from time to
time determine.
Section 2. This act shall take efi:ect upon its passage.
Approved April 17, 1903.
An Act to authorize the boston catholic cemetery ASSO- Cjl^nrr) 254
CIATION TO SELL CERTAIN LAND 0M':NED BY IT.
Be it enacted, etc., as follows :
Section 1. The Boston Catholic Cemetery Associa- TheBoBton
tion, incorporated under the name of the Catholic Ceme- cemetery
tery Association in Dorchester, by chapter two hundred it|y°Ben'°°
and ninety-two of the acts of the year eighteen hundred certain land,
and fifty-one, and the name of which was changed to the
Boston Catholic Cemetery Association by chapter twelve
214
Acts, 1903. — Chap. 255.
The Boston
Catholic
Cemetery
Association
may sell
certain laud.
of the acts of the year eighteen hundred and seventy-
seven, is hereby authorized to sell, for such price as may
be approved by its board of directors, and to convey in
fee simple, a certain parcel of land situated in that part
of the city of Boston formerly West Koxbury, being lots
numbered nine, ten, eleven and twelve, on a plan made
by T. A. Moses, dated December fourth, eighteen hun-
dred and seventy-three, and bounded easterly by Folsom
street, as shown on said plan, two hundred nineteen and
five tenths feet ; northerly by lot numbered eight, on
said plan, eighty feet; westerly by land now or late of
John Weld, one hundred sixty-one and one tenth feet ;
and southwesterly by IVIount Hope street, ninety-nine
and four one hundredths feet ; containing fifteen thou-
sand two hundred and twenty-four square feet, and being
the same premises conveyed to said association under its
former name by Charles J. Page, by deed dated April
seventh, eighteen hundred and seventj^-six , and recorded
in Sufiblk registr}^ of deeds in book thirteen hundred and
twenty-two, page one hundred and thirty-seven, and sub-
ject to certain restrictions therein set forth.
Section 2. This act shall take effect upon its passage.
Approved April 17, 1903.
GhCiT) 255 "^^ ^^^ RELATIVE TO THE ELEMENTS OF VALUE IN CERTAIN GAS
AND ELECTRIC LIGHTING PLANTS.
R. L. 34, § 10,
amended.
Purchase of
established gas
and electric
lighting plants
Ijy cities and
towns.
Be it enacted, etc., as follows :
Section 1. Section ten of chapter thirty -four of the
Revised Laws is hereby amended by striking out the
words "locations or similar rights and", in the seven-
teenth and eighteenth lines, so as to read as follows : —
Section 10. If, when a city or town votes to establish
a municipal lighting plant, any person or corporation
engaged at the time of the first vote required by sections
two and three of this chapter in the business of generat-
ing or distributing gas or electricity for sale for lighting
purposes in such city or town shall elect to sell in the
manner hereinafter provided, the city or town shall pur-
chase of him or it such portion of his or its plant and
property within the limits of such city or town as is
suitable for and is used in connection with such business.
Such purchase shall be required to include both a gas
and electric lighting plant only if a single corporation
Acts, 1903.— Chap. 255. 215
owns or operates both such plants. If the main gas Purchase of
works or the central electric lighting station lie within and eiectric^^*
the city or town limits, such city or town shall purchase bf dtils and ^^
the whole of such plant and the property used in connec- ^°'^^^-
tion therewith, lying within such limits, at its fair market
value for the purposes of its use ; but no portion of such
plant shall be estimated at less than its fair market value
for any other purpose, including, as an element of value,
the damages, if any, caused by the severance of any por-
tion of such plant lying outside such city or town limits,
if they are not purchased by the city or town, and exclud-
ing any mortgage or other incumbrance or lien to which
such plant or any part thereof may be subject at the time
of such purchase. The city or town may require the plant
and property to be transferred to it free of any mortgage
or lien unless the commissioners appointed under the pro-
visions of the following section otherwise determine. Such
value shall be estimated without enhancement on account
of future earning capacity or good will or of exclusive
privileges derived from rights in the public streets. If
the main o-as works or central electric lio-hting- station of
such plant lie without the city or town limits, the city
or town shall purchase only that portion of the plant or
property within its limits, estimating its value as above
provided, but without allowance of damages on account
of severance of plant. No city or town shall be recjuired
to buy any apparatus or appliances which are covered by
letters patent of the United States or embody a patent-
able invention unless a complete right to use the same and
all other apparatus or appliances necessary for its use,
to such extent as such city or town shall reasonably re-
quire, shall be assigned or granted to it at a cost as low
as it would be to the person or corporation whose plant
is purchased. No city or town shall be required to buy
any property unnecessarily added to a plant after the
passage of its first vote under the provisions of sections
two or three, nor any property except such as would
be suitable for the ordinary business of the vendor. If
any property or plant which the city or towm would be
entitled or required to buy would not be available to it
if purchased, by reason of liens, interests of third parties,
private contracts or other causes whereby the city or
town would be at a greater disadvantage in its use than
the vendor, it may be released from buying the same, or
216
Acts, 1903. — Chaps. 256, 257.
it may be allowed an equitable discount from the purchase
price as the commissioners provided for in the following
section determine.
Section 2. This act shall take effect upon its passage.
Apjyroved April 17, 1903.
Cha2).256
R. L. 204, § 17
amended.
Jurors' fees,
etc.
An Act relative to the payment of jurors.
Be it enacted, etc., as folloios:
Section 1 . Section seventeen of chapter two hundred
and four of the Revised Laws is hereby amended by add-
ing at the end thereof the words : — If a grand or traverse
juror is required to be in attendance or to serve for five
or more consecutive days he shall receive his fees not
later than the end of every fifth day of such attendance
or service, — so as to read as folloAvs : — Section 17. A
grand juror or traverse juror in any coiu-t or before a
sheriff shall receive three dollars a day for attendance, and
eight cents a mile for travel out and home. A juror who
serves in court shall also be allowed the amount of the
expense necessarily incurred by him for transportation
by railroad or stage from his home to the court and return,
in excess of the said allowance for travel. If a grand or
traverse juror is required to be in attendance or to serve
for five or more consecutive days he shall receive his fees
not later than the end of ever}' fifth day of such attendance
or service.
Section 2. This act shall take effect upon its passage.
(The foregoing was laid before the Governor on the
thirteenth day of April, 1903, and after five days it had
the force of a laiv, as prescribed by the Constitution, as it
ivas not returned ^y him with his objections thereto within
that time.)
Chap.2(y7 ^^ "^CT TO AUTHORIZE THE CITY OF CHELSEA TO INCUR INDEBT-
EDNESS BEYOND THE LIMIT FIXED BY LAW, FOR THE ERECTION
AND FURNISHING OF SCHOOL BUILDINGS.
Be it enacted, etc. , as follows :
chei^a School SECTION 1. The city of Chclsca, for the purpose of
erecting and furnishing school buildings, may incur in-
debtedness beyond the limit fixed by law to an amount
not exceeding seventy-five thousand dollars, and may
issue therefor notes, scrip or bonds, to be denominated on
Acts, 1903. — Chap. 258. 217
the face thereof, Chelsea School Loan, payable at a period
not later than the thirty-first day of December in the year
nineteen hundred and ten.
Section 2. The said city at the time of authorizing Payment of
said loan or any part thereof shall provide for the pay-
ment thereof in such annual proportionate payments as
will extinguish the same within the time prescribed by"
this act, and when a vote to that effect has been passed
the amount required thereby shall without further vote be
assessed by the assessors of the city in each year there-
after, in the same manner in which other taxes are assessed
under the provisions of section thirty-seven of chapter
twelve of the Revised Laws, until the debt incurred by
said loan is extinguished.
Section 3. Any premium received from the sale of Disposition of
said notes, scrip or bonds shall be placed to the credit of
the appropriation for the construction of the new high
school building in Chelsea, and the rate of interest to be
paid upon the said securities shall not exceed three and
one half per cent per annum.
Section 4. The indebtedness authorized by this act Not to be
rGckonGcl in
and the notes, scrip or bonds which may be issued there- determining
for shall not be reckoned in determinino- the legal limit
of indebtedness of the said city.
Approved April 21, 1903.
An Act to cede to the united states government jurisdic- ni^f^^^ 9^S
TION OVER A TRACT OF LAND CALLED THE GRAVES, NEAR THE ^
ENTRANCE TO THE HARBOR OF BOSTON.
Be it enacted, etc., as foUoivs :
Section 1. The right, title and interest of the Com- certain land in
monwealth and jurisdiction is hereby granted and ceded wde\uo^the°'
to the United States over that tract o"f land situated in ^""'^'^ ^^'''^^■
Boston harbor, described and bounded as follows, to wit :
— Beginning at a point two and eleven sixteenths stat-
ute miles north thirty-four degrees twenty-eight minutes
east from the centre of Boston light tower on Little Brew-
ster island ; thence continuino- along- the same straight
line north thirty-four degi-ees twenty-eight minutes east,
twelve hundred and forty-four feet; thence turning an
angle of ninety degrees and running south fifty-five
degrees thirty-two minutes east, tln-ee hundred and
fifty feet ; thence turning an angle of ninety degrees
218 Acts, 1903. — Chap. 259.
and running south thirty-four degrees twenty-eight min-
utes west, twelve hundred and forty-four feet ; thence
turning an angle of ninety degrees and running north
fifty-five degrees thirty-two minutes Avest, three hundred
and fifty feet to the point of beginning ; containing four
hundred and thirty-five thousand square feet and includ-
ing the ledges known as " The Graves", all as shown on
a plan of the premises hereby ceded, filed in the office
of the secretary of the Commonwealth, and dated March
Provisos. nineteen, nineteen hundred and three : provided, always,
that this Commonw^ealth shall and does retain concurrent
jurisdiction with the United States in and over the tract
of land aforesaid, so far as that all civil and criminal proc-
esses 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^ also, that the exclusive jurisdiction shall revert
to and revest in the Commonwealth wdienever the said
land shall cease to be used for a lio^ht and fog; sio^nal
station.
Section 2. This act shall take effect upon its passage.
Approved April 22, 1903.
Chap.259 -^N Act relative to the congregational society in the town
OP seekonk.
Be it enacted, etc., as follows :
auleiuiea^' ^*^'' ScctioH three of chapter four of the acts of the year
seventeen hundred and ninety-tAvo, by wiiich chapter cer-
tain persons were incorporated by the name of the Con-
gregational Society in the First Precinct in the town of
Rehoboth, as amended by chapter twenty-five of the acts
of the year eighteen hundred and sixty-four, which changed
the name of said society to the Congregational Society in
the town of Seekonk, is hereby further amended so as to
Trustees of read as follows : — Section 3. And be it further enacted,
tilfnarsocfety that John Huiit, Nathaniel Titus, Elijah Kent, Asahel
Seekonk may' Carpenter and Eliphalet Slack, and such others as may be
tain'prop'erty,' h^^eaftcr annually chosen by said society as trustees, shall
^^ ' be, and they are hereby empowered, by the name of the
Trustees of the Congregational Society in the town of
Seekonk, to take, hold, receive and manage all the estate
and rights of property of every kind, both real and per-
Acts, 1903. — Chap. 260. 219
sonal, Avhich now do, or hereafter ma}" appertain and
belong to the Congregational Sooiety, or are legal!}' ap-
propriated to the use and support of a Congregational
minister in the territory formerly comprised in the first
precinct in Rehoboth, and also such other grants, appro-
priations and donations, real or personal, as have been or
shall hereafter be made for the purposes aforesaid : pro- Proviso.
vtcled, that the annual income of the whole shall never
exceed twelve hundred dollars ; and the trustees shall
apply the rents, issues and profits, or so much thereof as
the said society shall find necessary, for the support of a
pious, learned, orthodox Congregational minister, resid-
ing and officiating in the work of the ministry in said
territory. " Approved April 23, 1903.
An ACTT to provide for sale of real estate by public QJinij 260
ADMINISTRATORS.
Be it enacted, etc., as follows:
Section 1. The probate com-t may, upon the petition saieofreai
of a public administrator, with the consent of all parties pubuc admin-
interested or after notice, license him to sell the real ''*'"''*'''■'' *'^-
property or any undivided interest therein belonging to
the estate of the intestate, in the same manner and upon
the same notice which the court orders for the purpose of
distribution ; and the net proceeds of such sale, after de-
ducting the expenses thereof and such amount as may be
required for the payment of debts in consequence of a
deficiency in the personal property, shall, after two years
from the time of the filing of the administrator's bond, or
in case he has filed a general bond after two years from
the date of his appointment, be distributed to the persons
who would have been entitled to said real property in the
proportions to which they would have been entitled had
it not been sold.
Section 2. Public administrators may be authorized PuWic admin-
a' istrators mar
by the probate court to take charge oi the real prop- be authorized
•^ to tnKG cusrsrc
erty of the deceased or of any part thereof, to lease the of real prop-
same, to collect the rents, to make necessary repairs, and ^'
to do all other things which it may consider needful for
the preservation of such real property and as a charge
thereon.
Section 3. This act shall take effect upon its passage.
Ajjproved April 23, 1903.
220
Acts, 1903.
Chaps. 2G1, 262.
18G8, 15, § 2,
amended.
(7Art/).261 ^^ ^^'^ '^O AUTHORIZE THE LADIES' CITY MISSION SOCIETY IN NEW
BEDFOKU TO HOLD ADDITIONAL PROPERTY.
Be it enacted, etc., as follows :
Section 1. Section two of chapter fifteen of the acts
of the 3'ear eighteen hundred and sixty-eight, said chapter
being "An Act to incorporate the Ladies' City Mission
Society in New Bedford ", is hereby amended by striking
out the word "twenty-five", in the second line, and in-
serting in place thereof the word : — fifty, — so as to read
as follows : — Section 2. Said corporation may take and
hold real and personal estate to an amount not exceeding
fifty thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved April 23, 1903.
May take and
liokl real and
])ersonal
estate.
Chap.2Q>2
Appropria-
tions.
Advertising
list of nomina-
tions.
Protection of
purity of
inland waters.
Registration
books and
blanks.
Nautical
training
school.
Quarter-
master's
incidentals.
State armories.
Militia,
compensation.
An Act in addition to an act making appropriations for
deficiencies in appropriations for certain expenses au-
thorized in the y'ear nineteen hundred and tavo.
Be it enacted, etc., as follows:
Section 1 . The sums hereinafter mentioned are appro-
priated, to be paid out of the treasury of the Commonwealth
from the ordinary revenue, for certain expenses in excess
of the appropriations in the year nineteen hundred and
two, to wit : —
For advertising the list of nominations for the state
election, the sum of two hundred twenty-seven dollars
and sixty cents.
For the protection of the purity of inland waters, the
sum of nine hundred seventy-one dollars and thirty-five
cents.
For registration books and blanks, the sum of seven
hundred one dollars and sixty-six cents.
For expenses of the nautical training school, the sum
of two hundred and fifty dollars.
For (juartermaster's incidentals, the sum of one hundred
six dollars and seventy-six cents.
For expenses of state armories, the sum of one hundred
ten dollars and twelve cents.
For the compensation of men of the volunteer militia,
the sum of twenty-nine hundred forty-six dollars and
eleven cents.
Acts, 1903. — Chap. 263, 221
For militia transportation, the sum of two hundred transportation.
fift^'-tlii'ee dollars and ninety-one cents.
For the extermination of contagious diseases among Extermiuation
horses, cattle and other animals, a sum not exceeding diseaseslmong
forty-five hundred dollars. '■^^™''*'^-
Section 2. This act shall take eftect upon its passage.
Ajyjyroved April 24, 1903.
Chap.26d
An Act to authorize the city ov bevekly to incuk indebted-
ness FOR SCHOOL AND STREET PURPOSES.
Be H enacted, etc., as follows :
Section 1. The city of Beverly, for the purpose of ?cveriy school
• 1 (• ' 1 • 1 -1 T Loan, Act of
acquirnig land and erecting and lurnishing new buildings loos.
for school purposes, may from time to time issue bonds,
notes or scrip to an amount not exceeding eighty-five
thousand dollars, to be denominated on the face thereof,
Beverly School Loan, Act of 1903, and to bear interest
at a rate not exceeding four per cent per annum, payable
semi-annually.
Section 2. Said city, for the purpose of })a3'ing the Beverly street
cost of taking or purchasing land for additional streets and 1903.°'
of constructing such streets, may issue from time to time
bonds, notes or scrip to an amount not exceeding sixty-
five thousand dollars, to be denominated on the face
thereof, Beverl}^ Street Loan, Act of 1903, and to bear
intei'est at a rate not exceeding four per cent per annum,
payable semi-annually.
Section 3. Such bonds, notes or scrip shall be pa}- issue, etc., of
able within such periods, not exceeding twenty years from o? scrip"*' *^''
the dates of issue, as the city council shall from time to
time determine, and, except as otherwise provided herein,
shall be issued in accordance with the provisions of chapter
twenty-seven of the Revised Laws and of acts in amend-
ment thereof and in addition thereto, and they shall not
be included in determining the legal limit of indebtedness
of the city.
Section 4. The city council of said city shall at the Payment of
time of authorizing said loans provide for the payment °"'^^'
thereof in such annual proportionate payments as will ex-
tinguish the same within the time prescribed in this act ;
and thereafter, without further action by the city council,
the amount required for such payments shall be assessed
by the assessors of said city in each year until the debt
222
Acts, 1903. — Chap. 264.
incurred by the cit3' shall be extinguished, in the same
manner in which other taxes are assessed under the pro-
visions of section thirty-seven of chapter twelve of the
Revised Laws.
Section 5. This act shall take effect upon its passage.
Approved April 25, 1903.
Cha7).2G4: ^^ ^'^'^ '^^ establish the mount TOM STATE RESERVATION IN
THE COUNTY OF HAMPSHIRE.
County com-
missioners of
Hampsliire
and Hampden
counties to
take, etc.,
certain land.
Mount Tom
State Reserva-
tion.
Mount Tom
State Resei-va-
tion Commis-
sion.
Care and
maintenance
of reservation.
Mount Tom
State Reserva-
tion Fund.
Be it enacted, etc., as follotvs :
Section 1 . The county commissioners of the county
of Hampshire and the county of Hampden as a joint com-
mission are hereby authorized and directed, within six
months after the passage of this act, to take or acquire
by purchase, gift or otherwise, land not exceeding fifteen
hundred acres in extent, situated on or about Mount Tom
and Mount Nonotuck of the Mount Tom range of moun-
tains in the county of Hampshire, lying northerly and
westerly of land on the summit and slopes of Mount Tom
now owned by the Mount Tom Railroad Company.
Section 2. The land acquired under the provisions
of this act shall be known as the Mount Tom State Reser-
vation, and the title to the land shall be and remain in the
Connnon wealth of Massachusetts.
Section 3. Said commission shall be known as the
Mount Tom State Reservation Commission, and shall
have the same power to acquire land for the Mount Tom
state reservation which is given to the metropolitan park
commission under the provisions of chapter four hundred
and seven of the acts of the year eighteen hundred and
ninety-three and acts amendatory thereof, and shall be
vested with full power and authority to care for, protect
and maintain the same in behalf of the Commonwealth.
Section 4. The necessary expense for the care and
maintenance of the said reservation, in excess of any in-
come that may be derived therefrom, shall annually be esti-
mated hy said Mount Tom state reservation commission
and shall be embodied by the county commissioners of said
counties in the estimate annually submitted by them to the
general court, and shall be assessed upon said counties
according to their assessed valuations, and collected in the
same manner in which county taxes are collected.
Section 5. The county treasurer of Hampshire county
shall receive and hold, subject to the order of the Mount
Acts, 1903. — Chap. 265. 223
Tom state reservation commission, all sums raised by tax-
ation in the manner provided in section four of this act,
and all other sums that may be given to said commission
for the purposes of the reservation as the Mount Tom
State Reservation Fund.
Sectiox 6. To carry out the purposes of this act the certain sum to
sum of thirty-five thousand dollars shall be allowed and the^tre^su^yof
paid out of the treasury of the Commonwealth. wlauh"'™*'"'
Sectiox 7 . The question of the acceptance of this act Question of
shall be submitted to the legal voters of the county of be^'siibnfitted
Hampshire and of the county of Hampden at the annual *° ^'''^^^' ^'<^-
state election in the present year. The 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
three, entitled ' An Act to establish the Mount Tom State
Reservation in the county of Hampshire ', be accepted ? "
and the affirmative votes of a majority of the voters of
each of said counties voting thereon shall be required for
its acceptance.
Section 8. So miich of this act as authorizes and ^ect*"*^^^
directs its submission to the leo^al voters of said counties
of Hampshire and Hampden shall take effect upon its pas-
sage, and the act shall take full effect upon its acceptance
as above provided. Approved April 23, 1903.
An Act to authorize the town of falmouth to construct /^^/yj^ OfjK
A HARBOR OF REFUGE WITHIN ITS BOUNDARIES AND TO INCUR
INDEBTEDNESS FOR THAT PURPOSE.
Be it enacted, etc., as foUotvs :
Section 1. The town of Falmouth is hereby author- Town of
ized to improve Salt pond in that town, and to convert con^ert^sai"^^
the same into a harbor of refuge by enlarging its connec- {jarbor^of *
tion with the sea or by making a new connection, and by refuge.
building a stone breakwater or breakwaters at its entrance,
and the town may make such contracts and surveys as may
be necessary for these purposes.
Section 2. Said town may take by purchase or other- Town may
wise, in its name and behalf, any land or materials within garyfanl^or
its borders necessary for carrying out the provisions of this "lateriais.
act. The manner of such taking and of determining the 1893, 407, i§7
damages caused thereby, or by any other doings of said ^m 8, to apply,
224
Acts, 1903. — Chap. 266.
Town of
Falmouth,
Harbor Loan,
Act of 1903.
Payment of
loan.
When to take
effect.
town under the provisions of this act, shall be the same
as is })rovided by sections seven and eight of chapter four
hundred and seven of the acts of the year eighteen hun-
dred and ninety-three relative to the taking of land by
the metropolitan park commission ; except that claims for
damages shall be made and suits brought against the said
town ; and the selectmen thereof shall, for the purposes of
this act, ha\e the same powers which are conferred upon
the metropolitan park commission by said sections.
Section 8. The town of Falmouth, for the purpose of
acquiring land, of altering a highway, of dredging, or for
any other purpose connected with the construction of a
harbor within the boundaries of said town, is hereby au-
thorized to issue from time to time notes, bonds or scrip to
an amount not exceeding twenty-five thousand dollars, to
be denominated on the face thereof, Town of Falmouth,
Harbor Loan, Act of 1903, and such notes, bonds or scrip
shall bear interest at a rate not exceeding four per cent per
annum, payable semi-annually.
Section 4. Such notes, bonds or scrip shall be pay-
able within such periods, not exceeding twenty years
from their dates of issue as the town shall from time to
time determine, except as otherwise provided herein, and
shall be issued in accordance with the provisions of chap-
ter twenty-seven of the Revised Laws and of acts in amend-
ment thereof and in addition thereto.
Section 5. This act shall take effect upon its accept-
ance by a majority of the voters of said town present and
voting thereon at any regular or special town meeting.
Approved April 25, 1903.
(JJiaV.2QQ ^^ ^^'^ "^^ AUTHOKIZE THE CITY OF NORTHAMPTON TO ISSUE
ADDITIONAL SEWER SCRIP.
1888, 354, §9,
etc., amended.
Sewer Scrip
of the City of
Northampton.
Be it enacted, etc., as follows :
Section 1 . Section nine of chapter three hundred and
fifty-four of the acts of the year eighteen hundred and
eighty-eight, as amended by chapter ninety-eight of the
acts of the 3^ear eighteen hundred and ninety-two, is
hereby further amended by inserting after the word " hun-
dred ", in the ninth line, the words : — and fifty, — so as
to read as follows : — Section 9. For the purpose of de-
fraying the expenses and outlays incurred for the purposes
aforesaid, or so much thereof as they shall see fit, the city
Acts, 1908. — Chaps. 267, 268. 225
council of the city of Northampton is hereby authorized
to issue from time to time scrip, notes, bonds or certifi-
cates of debt, to be denominated on the face thereof,
Sewer Scrip of the City of Northampton, to an amount
outstanding at any one time not exceeding two hundred
and fifty thousand dollars, and redeemable at a time not
exceeding twenty years from and after the date.
Section 2. This act shall take effect upon its passage.
Approved April 25, 1903.
CJiaix'm
An Act to authorize the town of Randolph to make an
additional water loan.
Be it enacted, etc. , as follotvs :
Section 1. The town of Randolph, for the purposes Randolph
mentioned in section five of chapter two hundred and water Loan,
seventeen of the acts of the year eighteen hundred and
eighty-five, may issue bonds, notes or scrip from time to
time, to be denominated on the face thereof, Randolph
Water Loan, to an amount not exceeding five thousand
dollars in addition to the amounts heretofore authorized
by law to be issued by said town for the same purposes.
Such bonds, notes or scrip shall be issued upon the terms
and conditions and with the powers specified in said act
for the issue of the Randolph water loan by said town :
provided, that the whole amount of bonds, notes or scrip proviso,
issued by said town under the authority of this act, to-
gether with those heretofore issued by said town for the
same purposes, shall not exceed one hundred and sixty
thousand dollars.
Section 2. This act shall take effect upon its passage.
Apjproved April 25, 1903.
Ax Act relative to the sewerage works of the city of nj^fij^ Ofift
BOSTON.
Be it enacted, etc., as follows:
Section 1 . Section one of chapter four hundred and '^f^' *2«. § j. .
twenty-Six of the acts oi the year eighteen hundred
and ninety-seven, as amended by chapter two hundred
and fifty-seven of the acts of the year eighteen hun-
dred and ninety-eight, as amended by section one of
chapter four hundred and fifty of the acts of the year
eighteen hundred and ninety-nine, as amended by sec-
tion three of chapter four hundred and seventy-eight
226
Acts, 1903. — Chap. 268.
Construction,
etc., ot sewer,
age works in
the city of
Boston, etc.
of the acts of the year nineteen hundred, is hereby fur-
ther amended by adding at the end of said section the
words : — Any such sewerage work aforesaid may here-
after be constructed by the superintendent of streets of
said city, or by such other officer as the mayor shall des-
ignate, in any public way or place, or in any land owned
by the city or in which the city has acquired authority
to lay such sewerage work ; but before commencing the
construction of any sewer the superintendent or officer
shall cause to be recorded in the Suffolk registry of deeds
a statement approved by the mayor of his intention to
construct the sewer, naming the street or otherwise de-
scribing the land in which the sewer is to be constructed,
and giving his estimate of the cost thereof, — so as to read
as follows : — Section 1. The board or boards authorized
to make appropriations for the city of Boston, by a major-
ity vote of the members of such board or boards, approved
by the city council of said city b}^ the affirmative vote of
two thirds of all the members of each branch thereof, taken
by a call of the yeas and nays, or, if there should be no
such board or boards, then said city council by such two
thirds vote, may annually appropriate, to be met by the
issue of bonds as hereinafter provided, sums not exceed-
ing one million dollars in any one year for constructing
sewerage works in said city, and shall also appropriate,
to be met by the annual income and taxes of said city,
sums for maintaining and operating the sewerage works,
and such sums as the city treasurer of said city shall each
year determine to be the amount to be used for interest
on the bonds issued for sewerage works, and also the
amount to be used for the sinking funds for bonds issued
for sewerage works, which, with all other amounts so
used, and their accumulations, will pay all such bonds at
maturity ; and there shall also be used for said sinking
funds all premiums received from the sale of said bonds,
and all amounts received for breach of any contract for
constructing sewerage works, or for securities deposited
as security for making such contracts and declared to be
forfeited to the city, or for sales of property. All sewers,
drains, pumping stations and other works for the collec-
tion or disposal of sewage, or surface or ground water in
said city shall be included in the term ' ' sewerage work ",
as used in this act, and no such work shall hereafter be
constructed in said city, except under authority of this
Acts, 1903. — Chap. 269. 227
act, or of chapter three hundred and twenty-tliree of the
acts of the year eighteen hundred and ninety-one and
acts in amendment of or in addition to .said acts or either
of them, unless the same has been ordered to be con-
structed before the passage thereof. Any such sewerage
work aforesaid may hereafter be constructed by the super-
intendent of streets of said city, or by such other officer
as the mayor shall designate, in any public way or place,
or in any land owned by the city or in which the city has
acquired authority to lay such sewerage work ; but before
commencing the construction of any sewer the superin-
tendent or officer shall cause to be recorded in the Suflblk
registry of deeds a statement approved by the mayor of
his intention to construct the sewer, naming the street or
otherwise describing the land in which the sewer is to be
constructed, and giving his estimate of the cost thereof.
Section 2. Section four of said chapter four hundred a^^'l^'n^jje^^ *•
and twenty-six is hereby amended by striking out the
words " shall carry out such order", in the third line, and
inserting in place thereof the words : — shall construct
sewerage works as authorized by section one, and shall
carry out every such order of said board, — so as to read
as follows : — Section 4. The superintendent of streets construction
or such other officer as the mayor of said city shall from worrjln^^fe
time to time direct shall construct sewerage works as city of Boston,
authorized by section one, and shall carry out every such
order of said board, and may at the expense of said city
construct and maintain such work under or over any water
course or private land, railroad or public way, in such
manner as not to unnecessarily obstruct or impede public
travel, and may alter or change the location or grade of
any public way in which any such work is constructed,
may alter or change the course of any water course, and
in general may do any other act or thing deemed by him
to be necessary in constructing or maintaining such work.
Section 3. This act shall take effect upon its passage.
Approved April 27, 1903.
Chap.269
An Act to authorize the city of boston to pay a sum of
MONEY to the MOTHER OF JOHN W. O'NEIL.
Beit enacted, etc., as follows:
Section 1. The city of Boston is hereby authorized maypaya^sum
to pay to Katherine O'Neil, the mother of John W. of money to
228
Acts, 1903. — Chaps. 270, 271.
I'roviso.
w^o^xen."^"''" O'Neil, deceased, late foreman of the .street department
of that city, a sum of money not exceeding one half of
his annual salary : provided,^ that such sum shall not ex-
ceed the amount to which the said O'Neil would have been
entitled if he had lived and continued to serve as such
foreman 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 28, 1903.
The Provi-
dence and Fall
River Street
Railway
Company may
make certain
contracts with
other street
railway com-
panies, etc.
Chap.270 ^^ -'^CT TO AUTHORIZE THE VKOVIDENCE AND FALL RIVER STREET
RAILWAY COMPANY TO MAKE CERTAIN CONTRACTS WITH OTHER
STREET RAILWAY COMPANIES.
Be it enacted, etc., as folloios :
Section 1. The Providence and Fall River Street
Railway Com[)any may make contracts with an}^ other
street railway company or companies with the railways of
which its own railway connects, for the conve3^ance and
transportation over the lines of such connecting com-
panies of its cars, passengers, and such baggage and mer-
chandise as it is authorized to transport over its own
railway ; and such other companies may enter into like
contracts with said Providence and Fall River Street
Railway Company, and may carry out the terms and
provisions thereof and perform the business thereby con-
templated, but only to such extent and in such manner as
regards the transportation of baggage and merchandise in
any city or town as the aldermen or selectmen thereof
shall approve, subject to the same restrictions which are
applicable by law to said Providence and Fall River Street
Railway Company in carrying on a similar business upon
its own railway.
Section 2. This act shall take effect upon its passage.
Approved April 28, 1903.
OhCl7).2i7lL ^^ '^^'"'^ '^^ AUTHORIZE THE CITY OF PITTSFIELD TO GRADE AND
PAVE ITS STREETS AND TO ASSESS BETTERMENTS AND ISSUE
BONDS TO MEET THE EXPENSE THEREOF.
Be it enacted, etc., as folloivs:
Section 1. The mayor and city council of the city
City of
Plttsfleld may
Krade and
pave certain
streets, etc-
of Pittsfield, the city council acting by a majority vote
of all its members, whenever they adjudge that public
Acts, 1903. — Chap. 271. 229
convenience and necessity so require, may order that any
public Avay or part thereof, shall be graded, paved with
granite blocks, vitrified brick, asphalt, or other suitable
solid material, and provided with necessary curbstones,
and may authorize the board of public works of the city
or any other person or persons to cause such public way
or part thereof, to be graded, paved and provided with
necessary curbstones, in accordance with the provisions
of such order. When such work of grading and paving
and providing curbstones is completed said board of pub-
lic works or such other person or persons as may so be
authorized shall certify to the assessors of taxes an item-
ized account of all expenses incurred and paid on account
of such order, including all damages paid to owners of
real estate for injury thereto, sustained by reason of any
act done under the provisions of such order. At any Assessment of
time within two years after the work has been completed, 'betterments.
if in the opinion of the assessors of taxes any estate re-
ceives a benefit or advantage therefrom beyond the gen-
eral advantage to all estates in said city, said assessors
shall determine the value of such benefit or advantao-e to
such estate, and shall assess upon the several estates, ex-
cept such as are by law exempt from taxation, abutting
upon any such public way or part thereof especially bene-
fited by the work done under such order a proportional
share of the cost thereof, but no such assessment upon
any such estate shall exceed one half the amount of such
adjudged special benefit or advantage, nor shall the assess-
ment upon any estate exceed fifteen per cent of the total
expense incurred for all work done under such order
directly in front of or opposite to any such estate. No
damages paid to owners of real estate for injuries thereto,
sustained by reason of any act done under the provisions
of such order, shall be included in any assessment levied
thereunder.
Section 2. Any assessment levied under the provi- Certain assess.
, . , . . 1 . 1 1 1 • 1 1 , ments may be
sions 01 this act which is invalid, and which has not been reassessed.
paid or recovered back, may be reassessed by the assess-
ors to the amount for which the original assessment ought
to have been made, and the same shall be a lien upon the
estate assessed and shall be collected in the same manner
as reassessed taxes-.
Section 3. Every assessment levied upon real estate Assessments
under the provisions of this act shall constitute a lien nerupon^reai
230
Acts, 1903. — Chap. 271.
Parties
aggrieved
may apply
for a jury.
Costs, etc.
Declaration of
order to grade,
etc., to be filed,
etc.
No assessment
to be laid in
certain cases,
etc.
Amount
allowed as
set-off to be
deducted from
sum assessed
In certain
cases.
upon the real estate assessed, to be enforced with like
charges for costs and interest in the manner provided by
law for the collection of taxes.
Section 4. A party aggrieved by the doings of said
assessors may within one year apply by petition filed in
the superior court for the county of Berkshire for a revi-
sion thereof by a jury, and after due notice to the city a
trial shall be had by a jury at the bar of the court.
Section 5. If the jury does not reduce the assessment
the respondent shall recover costs, which shall be a lien
upon the estate or property and shall be collected in the
same manner as the assessment ; but if the jury reduces
the assessment the petitioner shall recover costs ; and all
assessments shall be a lien on the estate or property for
one year after final judgment in any proceeding wherein
the amount or validity of the same is called in question,
and shall be collected in the same manner as original
assessments.
Section 6. Whenever the mayor and city council
pass an order to grade and pave a public way or part
thereof under this act, the mayor shall within thirty days
thereafter file a declaration thereof in the registry of
deeds for the middle Berkshire district, which shall state
in general terms the action of said mayor and council, and
shall state the ways or part thereof upon which any par-
cels of real estate subject to assessment under this act are
situated. The register of deeds shall cause such declara-
tion to be entered forthwith in a book kept for the pur-
pose, and classified according to the names of the streets
specified therein.
Section 7. No assessment shall be laid under the
provisions of this act upon any real estate except such as
abuts upon streets so specified, and no such assessment
shall constitute a lien upon real estate unless the declara-
tion provided for in the preceding section has been filed.
Nothing in this act shall authorize the laying of a second
assessment upon real estate abutting upon any way graded
and paved under this act, for the regrading or repaving of
such way or part thereof.
Section 8. If any benefit received by any owner of
real estate from any alteration or repair done under the
authority of this act shall have been allowed by way of
set-off to any damages to property sustained by him by
reason of any raising, lowering or other act done under
Acts, 1903. — Chap. 272. 231
the said authority, the amount so set off shall be deducted
from the sum assessed upon his said property for any
expenses incurred hereunder, and the remainder only, if
any, shall be assessed and collected as herein provided.
Section 9. The said city may, for the purpose of pay- putsfieid
ing the necessary expenses and liabilities incurred under Act olfigos?"'
this act, issue from time to time bonds to an amount not
exceeding one hundred thousand dollars beyond the limit
of indebtedness fixed by law for said city. Such bonds
shall be designated, Pittsfield Paving Loan, Act of 1903 ;
shall be payable at the expiration of periods not exceed-
ing twenty years from the dates of issue, and shall bear
interest, payable semi-annually, at a rate not exceeding
four per cent per annum ; but the provisions of chapter
twenty-seven of the Revised Laws shall otherwise apply
to the issue of such bonds and to the establishment of a
sinking fund for the payment thereof at maturity. The Temporary
said city may authorize temporary loans to be made by aulhoiTze^, ^
its mayor and treasurer, and may give temporary notes ^^^'
therefor, and may renew such temporary notes from time
to time in anticipation of the issue of bonds herein au-
thorized or in anticipation of the payments to be made.
Instead of creating a sinking fund for the payment of
bonds so issued or to be issued the city may provide by
the terms of such bonds that at least five thousand dollars
shall be due and payable each year upon the principal
thereof, and if such provision and payments are made the
said sinking fund need not be established.
Section 10. This act shall take effect upon its passage.
Approved April 29, 1903.
An Act making an additional appropriation for expenses Cliaj)'^^'^
OF THE GENERAL COURT.
Be it enacted, etc., as foUoios :
Section 1 . The sum of ten thousand dollars is hereby Expenses of
appropriated, to be paid out of the treasury of the Com- general court.
monwealth from the ordinary revenue, for authorized
expenses of the present general court, to include clerical
assistance to committees authorized to employ the same ;
said sum to be in addition to the ten thousand dollars
appropriated by chapter one of the acts of the present
year.
Section 2, This act shall take effect upon its passage.
Approved April 29, 1903.
232
Acts, 1903.
Chaps. 273, 274.
■Winchester
Wat^er Fum]
Bonds.
Chaj).273 -^^ ^^'"^ "^^ AUTHORIZE THE TOWN OF WINCHESTER TO MAKE AN
ADDITIONAL WATEK LOAN.
Be it enacted, etc., us foUoivs :
Section 1. The town of Winchester is hereby author-
ized to issue its notes or bonds for water purpo.ses from
time to time as it may deem necessary, to an amount not
exceeding fifty thousand dollars in addition to the amounts
which it is already authorized to issue for those purposes,
upon the conditions and in the manner set forth in chapter
two hundred and sixty -five of the acts of the year eight-
een hundred and seventy-two, as modified by chapter four
hundred and thirteen of the acts of the year eighteen
hundred and ninety. Such notes or bonds shall be de-
nominated, Winchester Water Fund Bonds, and shall be
payable at the expiration of periods not exceeding thirty
years from their dates of issue. The proceeds thereof
shall be used by said town for the purpose of completing
and renewing its water system and of supplying said town
with water.
Section 2. Said town shall pay the interest on said
loan as it accrues, and shall at the time of authorizing said
loan provide for the pajanent thereof in such annual pro-
portionate payments, beginning at the expiration of five
years from the date of the first issue of such securities, as
will extinguish the same within the time prescribed in
this act ; and when such vote has been passed the amount
required thereby, so far as the income derived from water
rates and available for the purpose may be insufiicient
therefor, shall without further vote be assessed hy the
assessors of the town in each 3^ear thereafter until said
debt 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 3. This act shall take effect upon its passage.
Approved April 29, 1903.
Payment of
loan.
Ch(ip.274: ^^ ^^'^ '^^ AUTHORIZE THE COMMISSIONERS ON FISHERIES AND GAME
TO RESTOCK CERTAIN GREAT PONDS WITH FOOD FISH.
R. L. 91, § 19,
amended.
Be it enacted, etc., as foUoios :
Section nineteen of chapter ninety-one of the Revised
Laws is hereby amended by inserting after tlie word
Acts, 1903. — Chap. 275. 233
" enforced ", in the tenth line, the words : — The commis-
sioners may restock a pond with fish and extend the
provisions of this section for an additional period of
three years whenever they receive a petition therefor as
herein provided, — so as to read as follows : — Section 19. pon'di'^itlL'^^^''
The commissioners, upon the petition of the mayor and food Ash.
aldermen of a city or of the selectmen of a town within
which a great pond or a portion thereof is situated, or of
thirty or more inhabitants thereof, shall cause the waters
of such pond to be stocked with such food fish as they
judge to be best suited to such waters. They shall there-
upon prescribe, for a period not exceeding three years,
such reasonable regulations relative to the fishing in such
ponds and their tributaries, with such penalties, not ex-
ceeding twenty dollars for one offence, as they deem to
be for the public interest, and shall cause such regulations
to be enforced. The commissioners may restock a pond
with fish and extend the provisions of this section for an
additional period of tlu'ee years whenever they receive a
petition therefor as herein provided. Five hundred dol-
lars shall be annually appropriated by the Commonwealth
to carry out the provisions of this section.
Approved April 29, 1903.
An Act relative to the registration of the insignia, ribbons, n'kQ/Y^ 975
ROSETTES OR BUTTONS OF LABOR UNIONS.
5e it enacted, etc., as follows :
Section 1. The registration of the insignia, distinctive Registration
ribbons, or membership rosette or button of a labor union etc!?of^°bor
indicated in chapter four hundred and thirty of the acts of "°^°°^-
the 3'"ear nineteen hundred and two shall be made in the
office of the secretary of the Commonwealth in accordance
with the pro\dsions of sections seven and eight of chapter
seventy-two of the Revised Laws.
Section 2. Any such insignia, distinctive ribbons, certain
or membership rosettes or buttons heretofore registered to bf dee'med'to
under the provisions of said chapter foiu? hundred and registered.'etcf
thirty of the acts of the year nineteen hundred and two
shall be deemed to have been fully registered within the
meaning of said act if such registration has been in
accordance with the requirements of sections seven and
eight of said chapter seventy-two of the Revised Laws.
Section 3 . This act shall take effect upon its passage .
Apj)roved April 29, 1903.
234
Acts, 1903. — Chap. 276.
1902, 473, § 1,
amended.
Chap.27Q ^^ -^^"^ relative to taxes upon collateral legacies and
SUCCESSIONS.
Be it enacted, etc., as folloivs :
Section 1, Section one of chapter four hundred and
seventy-three of the acts of the year nineteen hundred
and two is hereb}^ amended by inserting after the word
"property", in the thirteenth line, the words: — Upon
the filing of the bond hereinafter required, — and by
adding at the end of said section the words : — Any
person or persons beneficially interested in remainder or
reversion in any personal property liable to a tax upon
which such tax is postponed by the provisions of this
section shall, within one year after the date of the death
of the decedent, give bond to a judge of the probate
court having jurisdiction of the estate of such decedent,
in such amount and with such sureties as said court may
approve, conditioned upon the payment of such tax at
the time or period when such person or persons shall
come into possession or actual enjoyment of the same.
K any such person or persons shall fail to file such bond
within the period required the tax shall be due and pay-
able under the provisions of section four of chapter fif-
teen of the Revised Laws, — so as to read as follows : —
Section 1. In all cases where there has been or shall
be a devise, descent or bequest to collateral relatives
or strangers to the blood, liable to collateral inheritance
tax, to take effect in possession or come into actual enjo}^-
ment after the expiration of one or more life estates or a
term of years, the tax on such property shall not be pay-
able nor interest begin to run thereon until the person
or persons entitled thereto shall come into actual pos-
session of such property, and the tax thereon shall be
assessed upon the value 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 prop-
erty. Upon the filing of the bond hereinafter required
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 pay-
Taxes upon
collateral
legacies and
successions.
ProvlBO.
Acts, 1903. — Chaps. 277, 278. 235
ment of the tax, after deducting the value of the life
estate or estates for 3'ears ; and provided, further ^ tJiat Proviso,
the tax on real estate shall remain a lien on the real estate
on which the same is chargeable until it is paid. Any
person or persons beneficially interested in remainder or
reversion in any personal property liable to a tax upon
which such tax is postponed by the provisions of this
section shall, within one year after the date of the death
of the decedent, give bond to a judge of the probate court
having jurisdiction of the estate of such decedent, in such
amount and with such sureties as said court may approve,
conditioned upon the payment of such tax at the time or
period when such person or persons shall come into pos-
session or actual enjoyment of the same. If any such
person or persons shall fail to file such bond within the
period required the tax shall be due and paj^able under
the provisions of section four of chapter fifteen of the
Revised Laws.
Section 2. This act shall take effect upon its passage, when to take
but shall not apply to the estate of any person who died
before the passage thereof. Approved Airril 29, 1903.
An Act to authorize the city of boston to pay a sum of QJinoj 277
MONEY to MARY E. KELLY.
Be it enacted, etc., as follows:
Section 1. The city of Boston is hereby authorized to city of Boston
pay to Mary E. Kelly, widow of George F. Kelly late a ^f\nouYv*to"'"
police ofl3cer of that city, a sum of money not exceeding olorg'eFT*'*
one half of his annual salary : provided, that the sum ^^^^;
i roviso
hereby authorized to be paid shall not exceed the amount
to which the said Kelly would have been entitled if he
had lived and continued to serve as such police officer
until the first day of February next succeeding the date
of his death.
Section 2. This act shall take eflfect upon its passage.
Approved Ap)ril 29, 1903.
An Act to authorize the city of boston to pay a certain nj^nj^ 07Q
SUM of money to MARY ELLEN FLYNN. '
Be it enacted, etc., as follows :
Section 1. The city of Boston is hereby authorized city of Boston
to pay to Mary Ellen Flynn, widow of William J. Flynn "ffi^eVto"™
late a police oflicer of that city, a sum of money not ex- wnuam j.*'*
Flynn.
236
Acts, 1903. — Chap. 279.
Proviso.
ceeding one half of his annual salary : jyrovided, that the
sum hereby authorized to be paid shall not exceed the
amount to which the said Flynn would have been entitled
if he had lived and continued to serve as such police offi-
cer 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 29, 1903.
Ch(ip.2i7Q -^^ -^CT RELATIVE TO THE LISTING AND REGISTRATION OF VOTERS
IN THE CITY OF HOSTON.
Board of police
of Boston to
make lists of
male persons,
etc., annually.
To make lists
of women
voters.
Lists to con-
tain names of
persons giving
information,
etc.
Be it enacted, etc., as follows :
Section 1. In Boston the board of police shall, within
the first seven week days of May in each year, by them-
selves or their officers, visit every building in said city and
after diligent inquiry make true lists, arranged by streets,
wards and voting precincts and containing, as nearly as
they can ascertain, the name, age, occupation and resi-
dence on the first day of May in the current year, and the
residence on the first day of May in the preceding year,
of ever}'^ male person twenty years of age or upwards,
residing in said city. They shall designate in such lists
all buildings used as residences by such male persons, in
their order on the street where they are located, by giving
the number or other definite description of each such build-
ing so that it can be readily identified, and shall place
opposite the number or other description of each such
building the name, age and occupation of every such male
person residing therein on the first day of Ma}'^ in the cur-
rent year, and his residence on the first day of May in the
preceding year. They shall also inquire at the residences
of the women voters whose names are contained in the list
transmitted to them by the election commissioners under
section eight of this act whether such women voters are
resident thereat, and shall thereupon make true lists of
the women voters found by them.
They shall place in such lists, opposite the name of each
such male person or woman voter, the name of the inmate,
owner or occupant of the building, or the name and resi-
dence of any other person, who gives the information
relating to such male person or woman voter. Where
such information is given by one person relating to more
than one such male person or woman voter residing in one
Acts, 1903. — Chap. 279. 237
building, ditto marks may be used in such lists under the
name of the person giving the information, after his name
has been once placed opposite the name of such male per-
son or woman voter first written down as residing in such
building.
The board of police shall, upon the personal application correction of
of a listed person for the correction of any error in their ^^^°^^' °*^-
lists, or whenever informed of any such error, make due
investigation and, upon proof thereof, correct the same
on their lists. They shall cause all applications and affi-
davits received by them under this section to be preserved
for two 3^ears.
Sectiox 2. The board of police shall, on or before the Lists to be
twelfth day of May in each year, transmit to the election etectlon'^m*"
commissioners the lists, made as provided in the preced- ""^sioners, etc.
ing section, or certified copies thereof, and shall promptly
transmit to the election commissioners notice of every ad-
dition to and correction in the lists made by them. The
board of police shall furnish all information in their pos-
session necessary to aid the election commissioners in the
performance of their duties.
Section 3. The board of police shall, on or before the street lists to
fifteenth day of June in each year, prepare street lists ^e^P^^P'^^^'i'
containing the information concerning such male persons,
obtained by them under section one of this act. Such
lists shall be arranged b}^ streets, wards and voting pre-
cincts. They shall print such lists in pamphlet form,
deliver to the election commissioners as many copies
thereof as they may require, and hold the remaining copies
for public distribution.
Section 4. If a male person resident in Boston on the Listing of
first day of May was not listed by the board of police, he omTttel.
shall, in order to establish his right to be listed, appear
before the board of police, the superintendent, a deputy
superintendent or an inspector of police, who are hereby
authorized to administer oaths for this purpose, and pre-
sent under oath a statement in writing that he was on said
day a resident of said city, giving the number on the street
or other definite description of the building in which he
so resided.
A male person who becomes a resident of said city after Listing of
the first day of May and desires to be listed shall appear InlTsidentr'
before the board of police, the superintendent, a deputy «*terMayL
superintendent or an inspector of police, who are hereby
238 Acts, 1903. — Chap. 279.
authorized to administer oaths for this purpose, and pre-
sent under oath a statement in writing that he became a
resident of said city at least six months immediately pre-
ceding the election at which he claims the right to vote,
giving the number on the street or other definite descrip-
tion of the building in which he so resided.
Certificate of If the board of police are satisfied that such statements
rGSlQGIlCG to DC
given, etc. are truc, they shall give such applicant a certificate that
he was a resident of said city on said first day of May or
a certificate that he became a resident of said city at least
six months immediately preceding such election, as the
case may be ; but no person shall be listed or be given
such certificate later than the first day of September.
toX^posted!*'^ ^^ every place where oaths are administered as required
by this act the board of police shall post in a conspicuous
place a copy of section tlu'ce hundred and eighty-nine of
chapter eleven of the Revised Laws, as amended by this
act, printed on white paper with black ink, in type not
less than one quarter of an inch wide.
Names, etc., of SECTION 5 . The board of police shall enter the name
certificates to and residence of each applicant who has been given a cer-
eteP" '^ ^ ' tificate, as above provided, in a book provided for that
purpose, and shall cause to be printed in some newspaper
published in Boston the name and residence of each ap-
plicant who has been given such certificate. The names
and residences of such applicants shall be printed, as above
provided, within two days after the number of names of
such applicants, not printed, reaches fifty, and on the day
when such number is reached, the names to be printed
within such two days shall include the names of all such
applicants up to the close of business for this purpose in
the office of the board of police on such day. The names
and residences of such applicants shall be arranged and
printed by wards and precincts.
offl«ehour8_of SECTION 6. The board of police shall have its office
open during such hours as shall be necessary to carry out
the provisions of the two preceding sections.
toTnvestiS?'' Section 7. The board of police shall, forthwith after
and report in anv sucli applicant has been criven a certificate, make in-
certain cases, •^. .^^ P ,. ill • 1 1
etc. vestigation as to whether such applicant actually resided,
at the time named in the statement presented by him, in
the building named therein, and shall record the result of
such investigation in writing, which record shall be open
to public inspection. They shall I'eport to the election
Acts, 1903.— Chap. 279. 239
commissioners, within ten days after any such applicant
has been given a certificate, the name and residence of
every such applicant who did not actually reside, at the
time named in such statement, in the building named
therein, and upon receipt of such report the election com-
missioners shall proceed to revise and correct the registers
under the provisions of section fifty-one of chapter eleven
of the Revised Laws.
Section 8. The election commissioners shall, after the Election com-
first day of May in each year, prepare an annual register prlplfre'annuai
containing the names of all qualified voters in Boston for yofers!'^ °*
the current year, beginning with such first day of May.
Such names shall be arranged by wards and precincts and,
opposite the name of each voter, shall be entered his resi-
dence on the preceding first day of May or any subsequent
day when he became a resident of said city. The election
commissioners shall enter in the annual register every name
contained in the lists, for the current year, of persons trans-
mitted to them by the board of police, giving, as the resi-
dence of each person on the first day of May, the place at
which he was listed by the board of police ; and likewise
the name and residence, as aforesaid, of every woman
voter whose name is contained in the list of women voters
transmitted to them under this act : jprovided, that in every Proviso.
case they are able to identify the name so transmitted as
that of a man or woman whose name was borne on the
voting list of said city at the last preceding election . They Necessary
shall make all inquiries and investigations necessary to investilltions
identify such person, and they shall not enter in the annual etc!*^™**^^'
register the name of a person objected to by any commis-
sioner, until such person has been duly notified and given
an opportunity to be heard by them, and shall have ap-
peared and satisfied them of his right to have his name
so entered. They shall forthwith enter in the annual
register the name of every person whose qualifications as
a voter have been determined by them in the current year
and whose name has accordingly been entered in the gen-
eral register. They shall, before the first day of May in List of women
each year, transmit to the board of police a list of the Jr*an8niitted to
women voters whose names are contained upon the regis- ijoardofpouce.
ter of the preceding year, with their residences, as they
appear on said register.
Section 9. Every person, male or female, whose name Applicants for
has not been entered in the annual register in accordance to^appTy'hf
person, etc.
240
Acts, 1903. — Chap. 279.
Male appli-
cant for
registration
to present
certificate from
Ijoard of police.
Penalty on
members of
board of police
or police
officers.
Penalty for
neglect of
duty, etc.
Penalty for
neglect to give
information,
etc.
E. L. 11, § :
amended.
R. L. 11. § 389,
amended.
with the preceding section, must, in order to be registered
as a voter, apply in person for registration and prove that
he is qualified to register.
Section 10. Every male applicant for registration
shall present a certificate from the board of police, as
provided in section four of this act, and the same shall be
prima facie evidence of his residence.
Section 11. A member of the board of police or a
police officer who knowingly enters on any list of male
persons or women voters, as above provided, or causes, or
allows to be entered thereon, the name of any person as a
resident of a building, who is not a resident thereof, shall
for each offence be punished by imprisonment for not more
than one year.
Section 12. A member of the board of police or a
police officer, upon whom a duty is imposed by this act,
who refuses or wilfully neglects or wilfully fails to perform
such duty, or who wilfully performs it contrary to law,
shall for each offence, if no other penalty is herein specifi-
cally imposed therefor, be punished by imprisonment for
not more than one year.
Section 13. Whoever in Boston, being an inmate of
a building and a male resident twenty years of age or
upwards, refuses or neglects to give his true name, when
asked by a member of the board of police or a police officer
acting under this act, or whoever, being an owner or occu-
pant of a building, refuses or neglects to give the full and
true information within his knoAvledge relating to all per-
sons residing in such building, when asked b}^ a member of
the board of police or a police officer acting under this act,
shall be punished by imprisonment for not more than three
months.
Section 14. Section three hundred and eightj^-eight
of chapter eleven of the Revised Laws is hereby amended
by inserting after the word " tax", in the second line, the
words : — or in Boston to a member of the board of police
or a police officer, for the purpose of making a list of male
residents twenty years of age or upwards or women voters.
Section 15. Section three hundred and eighty-nine
of chapter eleven of the Revised Laws is hereby amended
by inserting after the word "registration", in the third
line, the words : — or in Boston for being listed or given
a certificate b}"^ the board of police.
Acts, 1903. — Chap. 280. 241
Section 16. That part of section fifteen of chapter certain
eleven of the Revised Laws, beginning with the word law^not^to*'
"and", in the ninth line, to and including the tliirteenth ags'esU^s^of
line ; that part of section seventeen of said chapter, begin- Boston,
ning with the word " they ", in the eighth line, to and in-
cluding the word " distribution", in the tenth line ; and
section twenty of said chapter, as amended by chapter
ninety of the acts of the year nineteen hundred and two,
shall not apply to the assessors of Boston.
Section 17. Section sixteen of chapter eleven of the r. l.ii, §i6,
Revised Laws is hereby amended by adding at the end '^™®° ^
thereof the words : — In Boston such lists or certified
copies thereof or notice of every addition to and correc-
tion in such lists need not be transmitted to the election
commissioners.
Section 18. So much of section fifteen of chapter Repeal,
eleven of the Revised Laws as is contained in lines fourteen
to twenty-two, both inclusive ; section two of chapter
four hundred of the acts of the year nineteen hundred and
one, as amended by chapter two hundred and eleven of the
acts of the year nineteen hundred and two ; and section
three of said chapter four hundred are hereby repealed.
Section 19. Sections forty-six and fifty -four of chap- r. l.ii, §§46
ter eleven of the Revised Laws are hereby amended by amended,
adding at the end of each of said sections the words : —
The provisions of this section shall not apply to Boston.
Section 20. All provisions of chapter eleven of the Repeal.
Revised Laws not inconsistent herewith are hereby made
a part of this act, and all provisions of said chapter eleven
inconsistent herewith are hereby repealed.
Section 21. This act shall take efi^ect upon its passage.
Approved April 30, 1903.
An Act relative to the construction and repair of state />^^^^ oqa
highways by the massachusetts highway commission. ^ '
Be it enacted, etc., as follows :
Section 1. The Massachusetts highway commission construction
is hereby authorized to expend during the current year highways.
and the four years succeeding a sum not exceeding two
million two hundred and fifty thousand dollars for the
construction of state highways. Of this sum not more
than four hundred and fifty thousand dollars shall be
24:2
Acts, 1903. — Chap. 280.
Repair of state
highways.
State Highway
Loan, 1903.
Proviso. expended in any one year : provided, however, that an
unexi)ended balance in any year may be used in the suc-
ceeding year for the same purpose.
Section 2. There may be expended out of the treas-
ury of the Commonwealth during the present year a sum
not exceeding forty thousand dollars for the repair of
state highways, subject to the provisions and limitations
of section sixteen of chapter forty-seven of the Revised
Laws.
Section 3. For the purpose of meeting the expendi-
tures hereby authorized the treasurer and receiver general
is hereby empowered, with the approval of the governor
and council, to issue scrip or certificates of indebtedness
to an amount not exceeding two million two hundred and
fifty thousand dollars, for a term not exceeding thirt}^
years. Such scrip or certificates of indebtedness shall be
issued as registered bonds or with interest coupons at-
tached, and shall bear interest at a rate not exceeding four
per cent per annum, payable semi-annually. They shall
be designated on their face, State Highway Loan, 1903,
shall be countersigned by the governor and shall be deemed
a pledge of the faith and credit of the Commonwealth ;
and the principal and interest thereof shall be paid at the
times specified therein in gold coin of the United States
or its equivalent. They shall be sold at public auction,
or 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 specified, as shall be deemed
Sinking fund. bcst. The sinking fund established by chapter four hun-
dred and ninety-seven of the acts of the year eighteen
hundred and ninety-four shall also be maintained for the
purpose of providing for the payment of the bonds issued
under authority of this act, and the treasurer and receiver
general shall apportion thereto from year to year an
amount sufficient with the accumulations of said fund to
extinguish at maturity the debt incurred by the issue of
said 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. In-
stead of providing a sinking fund as aforesaid the treas-
urer and receiver general may, with the approval of the
governor and council, if they deem it best, provide for
the ])ayment of the said loan as it falls due, and the in-
terest thereon, by annual payments sufiicient to extinguish
Payment of
loan.
Acts, 1903. — Chap. 281. 243
the same at maturity ; and the amount of such annual
payments shall be raised annually by taxation in the same
manner in which other state taxes are assessed and col-
lected, without further legislation.
Section 4. This act shall take effect upon its passage.
Ajjproved April 30, 1903.
Chap.281
An Act to authorize the town of merrimac to suprLv itself
AND ITS INHABITANTS WITH WATER.
Be it enacted, etc., as folloios:
Section 1. The town of Men-imac may supply itself Town of
... . J I f J Memmac may
and its inhabitants with water tor the extinguishment of supply itseif
fires and for domestic, manufacturing and other purposes ; etc.
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 towm, for the purposes aforesaid. May take
ill 1 1 • 11111 ,! certain waters,
may take by purchase or otherwise and hold the waters of etc.
an}^ streams, ponds or springs, wholly within the limits
of said town, and the water rights connected therewith
within said limits, and may take from Attitash lake, some-
times called Kimball's pond, situated partly in said town
and partly in the town of Amesbury, so much of the w^aters
thereof as it may desire, and may also obtain and take
water by means of bored, driven, artesian or other wells
on any land within said town of Merrimac : provided, Proviso.
that no source of water supply shall be taken for domestic
purposes without first obtaining the advice and approval
of the state board of health. Said town of Merrimac May take
may hold and convey said water through said to^vn and etc.ferect""^^'
may take and hold, by purchase or otherwise, all lands, 8ti"etures, etc.
rights of way and easements within said town of Merrimac
necessary for holding, storing, purifying and preserving
such water and for conveying the same to any part of said
town ; and may erect on the lands thus taken, purchased
or held, proper dams, reservoirs, buildings, fixtiu'es and
other structures, and may make excavations, procure and
operate machinery, and provide such other means and ap-
pliances as may be necessary for the establishment and
maintenance of complete and effective water works ; and ^{f/ia*^"con"'"
may construct and lay conduits, pipes and other works, duits, pipes,
under or over any lands, water courses, railroads, rail-
ways or public or private ways, and along any such ways,
2U
Acts, 1903. — Chap. 281.
Description of
lantl, etc., to be
recorded.
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 of Merrimac may
dig up any such lands and may enter upon and dig up
any such ways in such manner as to cause the least hin-
veluXwn,*'' drance to public travel thereon. The title to all land
^^^- _ taken or purchased under the provisions of this act shall
vest in said town of Merrimac, 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 location of
any railroad corpomtion, 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 3. Said town shall within ninety days after
the taking of any land, rights of way, water rights, water
sources or easements as aforesaid, otherwise than by pur-
chase, file and cause to be recorded in the registry of
deeds for the southern district of the county of Essex
a description thereof sufficiently accurate for identifica-
tion, with a statement of the purpose for which the same
were taken, signed by the water commissioners hereinafter
provided for.
Section 4. Said town shall pay all damages to prop-
erty sustained by any person or corj^oration by the tak-
ing of any land, right of way, water, water source, water
right or easement, or by any other thing done by said
town under authority of this act. Any person or corpo-
ration 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 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 author-
ity of this act ; but no such application shall be made after
the expiration of said two years, except that no applica-
tion for the assessment of damages shall be made for the
taking of any water or water right, or for aii}^ injury
Damages.
Acts, 1903. — Chap. 281. 245
thereto, until the water is actually Avithdrawn or diverted
by said town under the authority of this act.
Section 5 . In every case of a petition to the supe- Town may
rior court for an assessment of damages the said town sum for °^
may tender to the petitioner or his attorney any sum, or ^^'^^^ses, etc.
may bring the same into court, to be paid to the peti-
tioner for the damages by him sustained or claimed in
his petition, or may in writing ofler 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 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 peti-
tioner if he recovers damages shall be allowed his costs
only to the date of such offer or tender.
Section 6. Said town may, for the purpose of paying Town of
the necessary expenses and liabilities incurred under the wa\er Loan,
provisions of this act, issue from time to time bonds,
notes or scrip to an amount not exceeding ninety thou-
sand dollars. Such bonds, notes or scrip shall bear on
their face the words. Town of Merrimac "Water Loan,
and shall be payable at the expiration of periods not
exceeding thirty years from the date of issue, shall bear
interest, payable semi-annually, at a rate not exceeding
four per cent per annum, and shall be signed by the
treasm'er 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 borrowed 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 Proviso.
than the par value thereof.
Section 7. Said town shall at the time of authorizing p.aymentof
said loan provide for the pa3^ment thereof in such annual
proportionate payments, beginning five years after the
first issue of such bonds, notes or scrip, as will extinguish
the same within the time prescribed by this act ; and
when such vote has been passed the amount required
thereby shall without further vote be assessed by the as-
sessors of said town in each year thereafter until the
246
Acts, 1903. — Chap. 281.
Town to raise
a certain sum
by taxation
annually.
Town may
purchase
interest in
certain prop-
erty, etc.
Penalty for
corruption of
water, etc.
Liability for
rent for use of
water.
"Water com-
missioners,
election, terms,
etc.
debt incurred b}^ said loan shall be extinguished, in the
same manner as other taxes are assessed under the pro-
visions of section thirty-seven of chapter twelve of the
Revised Laws.
Section 8. Said town shall raise annually by taxation
a sum which with the income derived from water rates
will be sufEcient to pay the annual expenses of operating
its water works and the interest as it accrues on the bonds,
notes and scrip issued as aforesaid by said town, and to
make such payments on the principal as may be required
under the provisions of this act.
Section 9. Said town may contract with any person
or corporation, and may piu'chase any interest in any
property which may be deemed necessary to carry out
the provisions of this act, and may hold such interest and
property.
Section 10. Whoever uses any water taken under
this act without the consent of said town, or wilfully or
wantonly corrupts, pollutes or diverts any water taken or
held by said town under 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 pur-
poses of this act, shall forfeit and pay to said town three
times the amount of damages assessed therefor, to be re-
covered in an action of tort ; and upon the conviction of
any of the said wilful or wanton acts shall be punished
by a fine not exceeding three hundred dollars or by im-
prisonment for a term not exceeding one year.
Section 11. The occupant of any tenement shall be
liable for the payment of the rent for the use of water in
such tenement, and the oAvner of such tenement shall also
be liable in case of non-pa3aiient by the occupant for all
sums due for the use of water under this act, to be re-
covered in an action of contract in the name of the town
of Merrimac.
Section 12. Said town shall after the acceptance of
this act, at a legal meeting called for the ])urpose elect by
ballot three persons to hold office, one until the expira-
tion of three years, one until the expiration of two years
and one until the expiration of one year from the next
succeeding annual town meeting, to constitute a board of
water commissioners ; and at every annual tov»'n meeting
thereafter one such commissioner shall be elected by ballot
for a term of three years. All the authority granted to
Acts, 1903. — Chap. 282. 247
the town by this act and not otherwise speciall}^ provided
for shall be vested in said board of water commissioners,
who sliall be subject however to such instructions, rules
and regulations as said town may impose by its vote, A Quorum.
majority of said commissioners shall constitute a quorum
for the transaction of business. Any vacancy occurring vacancy.
in said board for any cause may be filled for the unex-
pired term by said town at any legal meeting held for the
purpose. Any such vacancy may be filled temporarily
by a majority vote of the selectmen, and the person so
appointed shall hold office until the town fills the vacancy
in the usual manner.
Section 13. Nothing in this act shall be construed to certain rio;hts
prevent the town of Amesbury or the city of Newburyport Amesbuiy and
from supplying itself with water from said Attitash lake buryport'm)"t
or Kimball's pond for the extinguishment of fires and for f^^ected.
domestic and other purposes.
Sectiox 14. This act shall take full eff"ect upon its when to take -
acceptance by two thirds of the legal voters of the town ^
of Merrimac present and voting thereon at a legal meet-
ing called for the purpose within three years from its
passage ; but the number of meetings so called in any
one year shall not exceed three ; and for the purpose of
being submitted to the voters as aforesaid this act shall
take efiect upon its passage. AjJproved April 30, 1903.
Chap.282
An Act to AUTHorazE the city of salem to»make an addi-
tional WATER LOAN.
Be it enacted, etc., as folloivs :
Section 1. The city of Salem, for the purpose of ex- cuyof saiem
tending and improving its system of water supply within boiidsrnotes o]
its limits, may from time to time issue bonds, notes or s*'"!'-^**'-
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 be signed by the
treasurer of the city and countersigned by the mayor.
They shall be payable at the expiration of periods not
exceeding thirty years from the dates of issue, and shall
bear interest at a rate not exceeding four per cent per
annum. 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 : provided, that such securities shall rroviso.
248 Acts, 1903. — Chap. 283.
not be sold or pledged for less than the par value thereof.
loan!"^^ ^ Said city shall at the time of authorizing said loan vote to
provide for the payment thereof in such annual propor-
tionate payments as will extinguish the same mthin the
time prescribed in this act ; and when such provision has
been made the amount required thereb}^ shall without
further vote be assessed by the assessors of said cit}'" in
each year thereafter until said debt 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 2. This act shall take effect upon its passage.
Ajyproved April 30, 1903.
ChdV.^iSS -^ -^^"^ RELATIVE TO ADVERTISING HEARINGS BEFORE COMMITTEES
OF THE GENERAL COURT.
Be it enacted, etc., as follows :
amended*^' SECTION 1. Section forty-six of chapter six of the
Revised Laws is hereby amended by inserting after the
word "published", in the seventh line, the word: —
daily, — and after the word ' ' and " , in the same line,
the words : — in daily newspapers, or in weekly news-
papers where no daily papers are published, — and by
adding at the end of said section the words : — No hear-
ing shall be advertised where the parties in interest can
readily be reached by notices sent by mail, — so as to
Advertisement read as foUows : — Sectioii 46. No hearing before a com-
commutee^^ mittce of the general court, or of either branch thereof,
hearings. shall be advertised at the expense of the Commonwealth
in more than two newspapers published in any county,
nor more than twice in any newspaper ; and no hearing
on a matter of special legislation affecting the interest of
only a portion of the Commonwealth shall be advertised
in any newspapers except those published daily in the
county of Suffolk and in daily newspapers, or in weekly
newspapers where no daily papers are published in the
localities directly interested therein. No hearing shall
be advertised where the parties in interest can readily be
reached by notices sent by mail,
amended.*^' SECTION 2. Section forty-eight of said chapter six is
hereby amended by inserting after the word " published",
in the sixth line, the words : — designating daily papers
whenever such are available, — so as to read as follows : —
Acts, 1903. — Chap. 284. 249
Section 48. Advertisements of hearinocs shall be pub- PuWisMng of
lished only in newsyjapers desio:nated by the chairman on of legislative
the part of the senate or of the house and the clerk of the hearings, etc.
committee, and in each case the order for the advertise-
ment shall be signed by the chairman and clerk of the
respective committees, who shall designate therein the
newspapers in which such advertisement is to be pub-
lished, designating daily papers whenever such are avail-
able, and shall file the same Avith the auditor of the
Commonwealth, who shall thereupon forward a copy to
the newspapers so designated for publication, and shall
give such directions as he may deem necessary to secure
uniformity in the style and manner of publication, as pro-
vided in the preceding section. The auditor shall cer- Atiditorto
tify all bills for publishing such advertisements, and shall eu;/ ^ ^ ^'
annually, during the first week in April, report in detail
to the general court the expenses incurred under the pro-
visions of this section by the several committees.
Section 3. This act shall take effect upon its passage.
Approved April 30, 1903.
An Act to extend the corporate powers of the conway /^7,^^ OQ4
ELECTRIC STREET RAU.WAY COMPANY. "'
Be it enacted., etc., as follows :
Section 1 . The Conway Electric Street Railway The conway
Company may, for all purposes necessary or incident to iil^^y^com^
the construction, maintenance and operation of an elec- |eneratefetc.,
trie street railway, generate, manufacture, use and trans- grgct'^poi^^ etc.
mit electricity in any city or town wherein it is now
authorized to opei*ate a street railway, and for the pur-
poses aforesaid may erect and maintain poles, trolley,
feed and stay wires and other devices for conducting elec-
tricity in, over or under any public ways and bridges, in
any city or town wherein it has been or may be author-
ized to operate its railway, and upon and over any private
land with the consent of the owners thereof, and may sell
electricity to or purchase electricity from any other street
railway or electric lighting company incorporated under
the laws of this Commonwealth.
Section 2. Said company may purchase or lease and ^J^rtain^^'
hold all real estate and water power necessary or con- ^eai estate, etc.
venient for operating its power stations by water power
and for other uses incident to the proper maintenance and
250 Acts, 1903. — Chaps. 285, 28G.
operation of its railway, and for the purpose of furnish-
ing motive power for its own use or for tlie use of any
connecting street railway, or for the purpose of furnish-
ing electricity as provided in section one.
cfMHt!d*stock! Section 3. For the purposes aforesaid the said Con-
^Bsue bonds, ^yay Electric Street Railway Company may increase its
capital stock and may issue bonds, subject to the approval
of the board of raih-oad commissioners and in accordance
with the general laws relating thereto.
Section 4. This act shall take effect upon its passage.
Approved April 30, 1903.
ChCl7).2S5 ^N -'^CT TO AUTHORIZE THE CITY OF BOSTON TO FAY A SUM OF
MONEY TO THE MOTHER OF DANIEL L. SHEA.
Be it enacted, etc., as follows:
maypaya^^um SECTION 1. The city of BostoH is hereby authorized
tiL' mother of ^o pay to Bridget Shea, mother of Daniel L. Shea who,
Daniel L. Shea, while in the discharge of his duty as a member of the fire
department of the city of Boston, sustained injuries caus-
ing his death, a sum of money not exceeding twelve hun-
dred dollars.
Section 2. This act shall take effect upon its passage.
Approved April 30, 1903.
(JJiap.2SG -^^ ^^'^ '^'^ AUTHORIZE THE CITY OF BOSTON TO PAY A CERTAIN
SUM OF MONEY TO MARY STEELE.
Be it eyiacted, etc., as follows :
mayplyrsum Section 1. Tlic clty of BostoH is hereby authorized
the'motifer*'of ^^ pay to Mary Steele, mother of Walter P. Steele, de-
waiterp. ccascd, late an employee in the department of public
grounds of that city, a sum not exceeding one half of his
Proviso. annual salary : provided, that the sum hereby authorized
to be paid shall not exceed the amount to which the said
Steele would have been entitled if he had lived and con-
tinued to serve as such employee until the fourteenth day
of November next succeeding the date of his death.
Section 2. This act shall take effect upon its passage.
Approved April 30, 1903.
Acts, 1903. — Chaps. 287, 288. 251
An Act to provide for the better protection of song and (JJi^jj 287
INSECTIVOROUS BIRDS.
Be it enacted^ etc., as follows :
Section seven of chapter ninety-two of the Revised ^jij^^H^^ ^'
Laws is hereby amended by inserting after the word
"dollars", in the seventh line, the words: — for each
bird taken or killed or each nest or egg destroyed, dis-
turbed or taken contrary to the provisions of this section,
— so as to read as follows : — Section 7. Whoever takes PeniUty for
or kills a wild or undomesticated bird not named in sec- certamwnd
tions two, three, four and five, except English sparrows, ^^^'^^•^*^-
crow blackbirds, crows, jays, birds of prey, wild geese
and fresh water and sea fowl not named in said sections, .
or wilfully destroys, disturbs or takes a nest or eggs of
any wild or undomesticated birds, except such as are not
protected by the provisions of this section, shall be pun-
ished by a fine of ten dollars for each bird taken or killed
or each nest or egg destroyed, disturbed or taken contrary
to the provisions of this section ; but a person over Not to apply to
twenty-one years of age, who has a certificate from the sons, etcf^'
commissioners on fisheries and game or from the president
of the Boston Society of Natural History that he is en-
gaged in the scientific study of ornithology or is collect-
ing in the interest of a scientific institution, may at any
season take or kill or take the nests and eggs of an undo-
mesticated bird, except woodcock, rufied grouse and quail ;
but the provisions of this section shall not authorize a
person to enter upon private grounds without the consent
of the owner thereof for the purpose of taking nests or
eggs or killing birds. Said commissioners or the presi-
dent of said society may at any time revoke such certifi-
cate. AjyjJt^oved April 30, 1903.
An Act to authorize the city of boston to pay a certain rjlinrn 288
SUM of money to MARGARET CULHANE.
Be it enacted, etc., asfolloivs:
Section 1. The city of Boston is hereby authorized i^iaypa^fsum
to pay to Margaret Culhane, widow of Charles A. Cul- ^4"Sw*of
-hane late a member of the police department of that city, ^Jjf^'^^^g^-
a sum of money not exceeding one half of his annual
salary : provided, that the sum hereby authorized to be Proviso.
252 Acts, 1903. — Chaps. 289, 290.
paid shall not exceed the amount to which the said Cul-
hane would have been entitled if he had lived and con-
tinued 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.
A2:>proved AjJril 30, 1903.
Chav 289 ^^ ^^"^ '^^ authorize the board of gas and electric light
COMMISSIONERS TO LICENSE THE PEOPLE'S GAS AND ELECTRIC
COMPANY OF STONEHAM TO MAKE AND SELL GAS.
Be it enacted, etc., as follows :
Ga8andE?ec- SECTION 1. The board of gas and electric light com-
of ston'ehan/ missioncrs is hereby authorized to license the People's
may be licensed Qas and Elcctric Comnanv of Stoneham to make and sell
to sbII ^rs etc
' gas for light, heat or power, of such candle-power and
for such time as said board may determine, and the board
may renew such license at the expiration thereof. After
receiving such license and during the time or times men-
tioned therein said company shall be exempt from any
penalty or prohibition provided in section fourteen of
chapter fifty-eight of the Revised Laws relating to candle-
power, and also from the requirements of section eighty
of chapter one hundred and ten relative to a chimney or
a flue.
Section 2. This act shall take effect upon its passage.
Approved April 30, 1903.
Chap.290
An Act to increase the amount of money to be placed at
THE disposal OF THE METROPOLITAN PARK COMMISSION FOR
PARK PURPOSES.
Be it enacted, etc. , as folloios :
Toitton'^mrk SECTION 1. The metropolitan park commission, cre-
fommission atcd by chapter four hundred and seven of the acts of the
an additional year eighteen hundred and ninety-three, for the purpose
of carrying out the provisions of that act and of all acts
in amendment thereof and in addition thereto, may ex-
pend an additional sum of one hundred and twenty-five
thousand dollars.
Treasurerand SECTION 2. To meet expenditures made under author-
erai to issue ity of this act the treasurer and receiver general, with the
uflcates of^' approval of the governor and council, shall issue scrip or
mdebtedness, certificates of indebtedness, bearing interest at a mte not
exceeding four per cent per annum, to the said amount of
Acts, 1903. — Chaps. 291, 292. 253
one hundred and twenty-five thousand dollars, as an ad-
dition to the Metropolitan Parks Loan, at such times and
in such sums as the metropolitan park commission shall
certify to him to be necessary to meet the liabilities in-
curred by said commission under the acts aforesaid, and
shall add to the existing sinking fund to provide for the
payment of the same. Such scrip or certificates of in-
debtedness shall be issued and additions to said sinking
fund shall be assessed and collected in accordance with
the provisions of sections nine, ten, eleven and twelve of
said chapter four hundred and seven, 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 effect upon its passage.
Approved April 30, 1903.
Chap.291
An Act relative to the annual report of the board of
commissioners on fisheries and game.
Be it enacted, etc., as folloics :
Section 1. The annual report of the board of com- Annual report
missioners on fisheries and o^ame shall hereafter include
of board of
commissioners
the year ending on the thirty-first day of December, and andgame!^
shall be submitted on or before the fifteenth day of Jan-
uary next following.
Section 2. This act shall take efiect upon its passage.
Approved April 30, 1903.
An Act to authorize the city of boston to pay a certain /^7,^,vj 9Q0
SUM of money to katherine f. dustan. ^ '"
Be it enacted, etc., as folloios:
Section 1. The city of Boston is hereby authorized city of Boston
-T-r 1 • -r-^ T-v • T /» T 1 T-1 T-v may pay a sum
to pay to Katherine r . Dustan, widow oi John h . Dustan of moaey to
late an employee of the water department, a sum of money Joim f.
not exceeding one half of his annual salary : j^^'ovided, ^vollso.
that the sum hereby authorized to be paid shall not ex-
ceed the amount to which the said Dustan 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 Ap)ril 30, 1903.
254
Acts, 1903. — CnArs. 293, 294, 295.
Chan 293 ^^ ^^"^ "^^ provide better accommodations for the courts
AND registry OF DEEDS OF THE COUNTY OF ESSEX AT LAW-
RENCE.
Be it enacted, etc., as follows:
Section 1. The county commissioners of the county
of Essex, for the purpose of completing the necessary
alterations in and additions to the registry of deeds and
superior court building in Lawrence, and to provide the
necessary furnishings for said building, are hereby author-
ized to expend, in addition to the amount already author-
ized, a further sum not exceeding fifty thousand dollars.
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 fifty thousand dollars.
Section 3. This act shall take effect upon its passage.
Approved April 30, 1903.
Alterations in,
etc., registry
of deeds and
superior court
building at
Lawrence.
County com-
missioners
may borrow
upon credit of
county.
Chap.m4.
R. L. 91, § 26,
amended.
Use of trawls,
etc., in ponds
prohibited.
Certain rights
not aifected.
An Act to prohibit the use of trawls in certain ponds.
Be it enacted, etc., as follows:
Section twenty-six of chapter ninety-one of the Revised
Laws is hereby amended by striking out the whole of said
section and inserting in place thereof the following : —
Section 26. Whoever draws, sets, stretches or uses a
drag net, set net, purse net, seine or trawl in any pond,
or aids in so doing, shall be punished by a fine of not less
than twenty nor more than fifty dollars ; and the use of
more than ten hooks by one person shall be deemed a
trawl within the meaning of this section. No floating
devices shall be used in connection with such trawls.
The provisions of this section shall not affect the rights of
riparian proprietors of ponds mentioned in section twenty-
three or the corporate rights of any fishing company.
Approved April 30, 1903.
(JJian.295 ^^ ^^'^ '^*^ incorpora
TE the NORTHAMPTON COLLATERAL LOAN
COMPANY.
Be it enacted, etc., as follows:-
Northam|)ton SECTION 1. Heuiy C. Hallctt, Eiiiory C. Davis, John
Loanco'mpany Y. Lambic, Ralnli BL. Clark, Frank P.Wood, Clarence D.
incorporated. ^^^^^^^ ^^^^^^ ^^ ^^^^.^^^^ p^^^,^^^ ^_ Ncwell, Charles H.
Acts, 1903. — Chap. 295. 255
Sawyer, Harvey T. Shores and Louis L. Campbell, their
associates and successors, are hereby made a corporation
by the name of the Northampton Collateral Loan Company,
to be located at Northampton, for the purpose of loaning
money upon pledge or mortgage of goods and chattels or
of safe securities of any kind ; with all the powers and
privileges necessary for the execution of these purposes,
and with all the powers and privileges and subject to
all the duties, restrictions and liabilities set forth in all
general laws now or hereafter in force relating to such
corporations.
Section 2. The capital stock of said corporation shall capital stock.
be ten thousand dollars, to be divided into shares of one
hundred dollars each, and to be paid for at such times
and in such manner as the board of du^ectors shall decide :
provided, that no business shall be transacted by said cor- Proviso.
poration until said amount of ten thousand dollars is sub-
scribed for and actually paid in ; and no certificate of
shares shall be issued until the par value of such shares
has actually been paid in in cash. The said corporation
may increase its capital stock from time to time until the
same amounts to two hundred thousand dollars.
Section 3. Said corporation is hereby authorized to Ma^ borrow
borrow money on its own notes, not exceeding the amount notes. "^^'^
of its capital paid in, and for periods not exceeding one
year.
Section 4. The government of said corporation shall oovernmeut.
be vested in a board of directors, chosen as the by-laws
may prescribe, conformably to law : jj^^ovided, however, Proviso.
that one director shall be appointed by the governor of
the Commonwealth and one shall be appointed by the
mayor of the city of Northampton ; and the board thus
constituted shall elect one of their number president, and
such other officers as may be deemed necessary. The
compensation of the directors appointed by the governor
and mayor for their services and attendance at meetings
shall be paid by said corporation.
Section 5. When said corporation has disposable funds to loan on
it shall loan on all goods and chattels offered, embraced chatteis°etc.
within its rules and regulations, in the order in which
they are offered, with this exception, that it may always
discriminate in favor of small loans to the indigrent.
Section 6. All loans shall be for a time fixed and for Duration of
not more than one year, and the mortgagor or pledgor ledemptfou ol
property, etc.
256
Acts, 1903. — Chap. 295.
Pledgor to
receive certifi-
cate, etc.
Certain
unredeemed
property to be
sold at public
auction.
Interest.
Commissioners
of savings
banks to have
access to
vaults, etc.
Form of
returns to be
made to com-
missioners of
savings banks,
etc.
shall have a right to redeem his proi)erty mortgaged or
pledged, at any time before it is sold in pursuance of
the contract between the parties, or before the right of
redemption is foreclosed, on payment of the loan and rate
of compensation to the time of the ofter to redeem. No
charges shall be made for making a preliminary examina-
tion when a loan is not made, nor for the examination of
property offered at the office of the company for pledge.
Section 7. The corporation shall give to each pledgor
a card inscribed with the name of the corporation, a desig-
nation of the article or articles pledged, the name of the
pledgor, the amount of the loan, the date when made, the
date when payable, the rate of compensation, the page of
the book where recorded and a copy of sections eight
and nine of this act.
Section 8. Property pledged to the Northampton
Collateral Loan Company shall be held one year, unless
sooner redeemed, and if not redeemed within one year
from the date of the loan shall be sold at public auction,
and the net surplus, after paying loan charges and ex-
penses of sale, shall be held one year for the owner. All
auction sales shall be advertised for at least one week in
two daily newspapers published in Northampton. In case
a savings bank deposit book pledged to the company shall
not be redeemed as above it shall not be necessary for the
association to sell the same at public auction, but it may
convert the same or so much thereof as may be necessary
to pay the debt, in such mode and at such time as in the
judgment of the directors will best secure the interest of
all parties, holding the net surplus as above for the owner.
Section 9. Said company shall in no case charge in-
terest at a rate exceeding one and one half per cent per
month.
Section 10. The commissioners of savings banks shall
have access to the vaults, books and papers of the corpo-
ration, and it shall be their duty to inspect, examine and
inquire into its affairs and to take proceedings in regard
to them, in the same manner and to the same extent as if
said corporation was a savings bank, subject to all general
laws now or hereafter in force relating to such institutions
in this regard. The returns required to be made to the
commissioners of savings banks shall be in the form of a
trial balance of its books, and shall specify the different
kinds of its liabilities and the different kinds of its assets,
Acts, 1903. — Chaps. 296, 297. 257
stating the amounts of each kind, together with such other
information as may be called for by said commissioners,
in accordance with a blank form to be furnished by them ;
and these returns shall be published in a newspaper of the
city of Northampton at the expense of said corporation,
at such times and in such manner as may be directed by
said commissioners, and in the annual report of said com-
missioners : provided, however^ that said commissioners Proviso.
may cause any examination to be made by an expert,
under their direction, but at the expense of the cor-
poration.
Section 11. This act shall take effect upon its passage.
Approved April 30, 1903.
An Act to authorize the city of boston to pay a certain sum rijffjq^ 29fi
OF MONEY TO JOHANNA RYAN.
Be it enacted, etc., as foUoivs :
Section 1 . The city of Boston is hereby authorized c^ty of Boston
T 1 -r-> • 1 c mi T^ -r» ^ may pay a sum
to pay to Johanna Kyan, widow oi ihomas r . Kyan late of money to
tliG widow of
an employee of the permit division of the street depart- Thomas f.
ment of that city, a sum of money not exceeding one ^^°"
half of his annual salary : provided, that the smn hereby Proviso.
authorized to be paid shall not exceed the amount to
which the 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 effect upon its passage.
Ajyj^roved A2)ril 30, 1903.
An Act relative to accidents on street railways. Olinri 9Q7
Jie it enacted, etc., as folloios :
Section two hundred and sixty-three of chapter one r. l. m, § 263,
hundred and eleven of the Kevised Laws is hereby ^-^ended.
amended by inserting after the word " railroad ", in the
first line, the words: — and street railway, — so as to
read as folloAvs : — Section 263. Every railroad and Railroads and
. , n . . "t . j. street railway
street railway corporation shall give immediate notice oi corporations to
an accident on its road, which results in a loss of life to accidents.
the medical examiner of the county who resides nearest
to the place of accident, and shall also, within twenty-
four hours, give notice to the board of any such accident
258
Acts, 1903. — Chap. 298.
or of any accident of the description of accidents of
Penalty. which the board may require notice to be given. For
each omission to give such notice the corporation sliall
forfeit not more than one hundred dollars.
Approved Ajjril 30, 1903.
Taking of &%\\
in the waters
of Baru stable
and Mashpee
on Nantucket
Sound pro-
hibited.
ChClV 298 -^^ -^^^ ^^ PROHIBIT THE TAKING OK FISH BY NETS AND SEINES
IN THE WATERS OF BARNSTABLE AND MASHPEE ON NANTUCKET
SOUND.
Be it enacted, etc., as follows:
Section 1 . For a period of three years after the pas-
sage of this act no person shall draw, set, stretch or use
any drag-net or set-net, purse or sweep seine of any kind,
except as is hereinafter provided, for taking fish anywhere
in the waters of the to^vns of Barnstable and Mashpee on
Nantucket Sound, so-called, northerly of or within a
straight line extended from Point Gammon to Succonus-
sett Point ; nor in any bay, harbor, cove or bight of said
waters, nor in any inlet or stream lloAving into the same :
jjrovided, nevertheless, that nothing herein contained shall
be so construed as to forbid or make unlawful the catching
of menhaden or other small fish for bait purposes ; nor
the use of nets for the taking of herring ; nor the use of
dredges or drag-nets for the taking of scallops.
Section 2. Whoever violates any provision of this
Proviso.
Penalty.
Certain nets,
seines, boats,
etc., to be
forfeited, etc.
act or aids or assists in so doing, shall be punished by a
fine of not less than fifty dollars nor more than five hun-
dred dollars for each offence, or by imprisonment for a
term not exceeding six months.
Section 3. Any net, seine or movable device for
catching fish used in violation of any provision of this* act,
together with any boat, craft, vessel, steamer or fishing-
apparatus employed in such illegal use, and an}' fish
found therewith, are hereby declared to be public nui-
sances and forfeited ; and it shall be lawful for any
inhabitant of said Barnstable or Mashpee or an}^ constable,
police ofliccr or deputy sherift* in the Commonwealth, to
seize and detain, without warrant, for a period not ex-
ceeding forty-eight hours, any such net, seine or movable
device, boat, craft, vessel, steamer or fishing apparatus
found in use contrary to the provisions of this act, and
any fish found therewith, to the end that the same may
b© libelled, if necessary, by due process of law. District
Acts, 1903. — Chaps. 299, 300, 301. 259
courts and trial justices shall have concurrent jurisdiction Jurisdiction of
with the superior court of all oU'ences and proceedings off^'^ces, etc.
under the provisions of this act, regardless of the value
of the property libelled. Approved April 30, 1903.
An Act to authorize the state board of education to form nj^fij^ oqq
OR readjust unions of towns for the employment of
SUPERINTENDENTS OF SCHOOLS.
Beit enacted, etc., as follows :
The state board of education is hereby authorized to state board of
form or readjust unions of towns for the employment of nmy form or
superintendents of schools whenever in its judgment it oftowusfor'thl
becomes imperatively necessary to include a town which employment of
supGnDiGnd-
is otherwise unable to comply with the law. In carrying ents of schools.
out the provisions of this act the board may allow the
formation of unions with a number of schools less than
that required by section forty-three of chapter forty-two
of the Revised Laws, and in no case shall the readjust-
ment deprive any town of its right to aid under the law.
Approved Ax)ril 30, 1903.
Chap.300
An Act to authorize the city of boston to pay a certain
sum of money to mary le roache.
Be it enacted, etc., as follows :
Section 1. The city of Boston is hereby authorized city of Boston
to pay to Mary Le Roache, widow of John C. Le Roache ofm^mfy'to""^
late foreman in the sanitary division of the street depart- john c.*'^ ^^
ment of that city, a sum of money not exceeding one ^®^«*che.
half of his annual salary : provided, that the sum hereby Proviso,
authorized to be paid shall not exceed the amount to
which the said Le Roache would have been entitled if he
had lived and continued to serve as such foreman until
the fost day of February next succeeding the date of his
death.
Section 2. This act shall take effect upon its passage.
Approved April 30, 1903.
An Act relative to ways of egress from buildings in the (JJidjy QQI
CITY OF boston.
Be it enacted, etc., as follows :
Section 1 . Section eighty-two of chapter four hun- 1892, 419, § 82,
dred and nineteen of the acts of the year eighteen hun- ^^* ^^^^^^-
260
Acts, 1903. — Chap. 301.
dred and ninety-two, as set "out in section one of chapter
three hundred and ten of the acts of the year eighteen
hundred and ninety-seven, and as amended by section
two of chapter three hundred and thirty-five of the acts
of the year nineteen liundrcd, is hereby further amended
by inserting after the word " and ", in the fourteenth line,
the words : — unless the building be a first-class building,
wayeof ejfress shall be, — SO as to read as follows: — Section 82. No
buiidiiigfs in building two stories or more in height hereafter erected in
oston. ^j^^ ^-^^ ^|. gQy^yj^^ g^j^(^ jjy such building in said city not
used at the passage of this act as a schoolhouse, church,
theatre, public building, hall, })lace of assembl}^ or public
resort, tenement house, boarding house or lodging house,
or as a factory or workshop where ten or more persons
are employed, or used above the second story as a dwell-
ing by two or more families, shall be used for any of said
purposes unless such building is provided with at least
two independent and sufficient ways of egress. One of
said ways of egress shall consist of a flight of stairs
extending from the lowest to the highest floor, made
of fireproof material and, unless the building be a first-
class building, shall be enclosed in brick walls, with the
enclosed space or stairway provided with a ventilating
skylight which can be opened and closed from every
floor, and having oi)enings through an external wall to
the outer air at least one to each story except the upper
and the lower, each opening to have an area of at least
five square feet and to be maintained unobstructed : pro-
vided, however, that when there shall be within the space
enclosed by the stairway and its landings from the second
story upwards an open area for light and ventilation whose
least horizontal dimensions shall be equal to the Avidth of
the stairs, but in no case less than three feet, then the afore-
said openings through an exterior wall may be omitted.
There shall be no opening upon the stairway except as
aforesaid and for said skylight, and for doors from apart-
ments and corridors. The other way of egress shall be
approved by the inspector of buildings, and ma}^ project
over a public wa3\ Every way of egress from every such
building shall be kept in good repair and unobstructed.
Section 2, This act shall take eftect upon its passage.
Approved May 4, 1903.
Proviso.
Acts, 1908. — Chap. 302. 261
An Act to authorize the town of revere to incur indebted- r}JtQ/r\ 3Q9
NESS BEYOND ITS DEBT LIMIT, FOR SEWER PURPOSES.
Be it enacted^ etc., as folhnvs :
Section 1. The town of Revere, for the purpose of ReveVLwer
extending its present sewerage system and of providing Lonn. Act of
for sewage disposal, may incur indebtedness from time to
time, as the town in town meeting may vote, to an amount
not exceeding one hundred thousand dollars beyond its
debt limit as fixed by law, and may issue bonds, notes or
scrip therefor. Such bonds, notes or scrip shall bear on
their face the words, Town of Revere Sewer Loan, Act
of 1903, shall be payable in equal annual proportionate
payments in periods not exceeding thirty years from the
dates of issue, shall bear interest paA'able semi-annually
at a rate not exceeding four per cent per annum, and shall
be signed by the treasurer and countersigned by a major-
ity of the selectmen of said town. The town may sell
such securities at public or private sale, or pledge the
same for money borrowed for the purpose of extending
its sewerage system or providing sewage disposal, upon
such terms as it may deem proper : provided, that they Proviso,
shall not be sold or pledged for less than the par value
thereof. The proceeds of such sales and the money bor-
rowed upon such securities as collateral shall be retained
in the treasury of the town for the purposes of this act,
and the treasurer shall have no right or authority to pay
out the same except for the purposes aforesaid and upon
orders duly approved by the board of sewer commission-
ers and by the selectmen of said town. All sewer assess-
ments accruing to the treasmy of said town from abutting
lands along the lines of sewers constructed under this act
shall be held for the redemption of the indebtedness and
interest charges hereby authorized, as payments of the
same may fall due. Except as otherwise provided herein r. l. 27to
the provisions of chapter twenty-seven of the Revised ^p^^^'
Laws, so far as they may be applicable, shall apply to the
indebtedness hereby authorized.
Section 2. This act shall take effect upon its passage.
Approved May 4, 1903.
262
Acts, 1903. — Chap. 303.
The First
Baptist Cliurch
and Parish of
Worcester and
the Main Street
Baptist Ciiurch
of vVorcester
may unite.
First Baptist
Church of
Worcester,
Massachusetts.
CJlWP.SOS -^^ ■^^'^ ^'^ AUTHORIZE THE UNION OF THE FIRST BAPTIST CHURCH
AND PARISH OF WORCESTER AND THE MAIN STREET BAPTIST
CHURCH OF WORCESTER.
Be it enacted, etc., as folloivs :
Section 1. The First Baptist Church and Parish of
the city of Worcester and the Main Street Baptist Church
of that city are hereby authorized to unite, upon such
terms as have been or may be agreed upon by votes of
said churches and parish at meetings called for that pur-
pose ; and such votes so passed by said churches and par-
ish respectively shall be efiectual to unite them within the
intent and meaning of this act.
Section 2. The united church authorized by this act
shall be the First Baptist Church of Worcester,' Massa-
chusetts, a corporation already organized under chapter
thirty-six of the Revised Laws, and said corpomtion shall
have and enjoy all the franchises, powers, privileges,
property and rights of every kind belonging to the First
Baptist Church and Parish and to the Main Street Baptist
Church, or either of them, and shall assume and be sub-
ject to all the duties, debts and liabilities of said churches
and parish, or either of them, and shall be subject to all
general laws now or hereafter in force relating to religious
corporations.
Section 3. The conveyance of the church property
of the First Baptist Church and Parish at Salem Square,
in Worcester, to the Roman Catholic Bishop of Spring-
field is hereby ratified, and the title so given by deed
dated July ninth, nineteen hundred and two, is hereby
confirmed. The conveyance of the propei;ty of the Main
Street Baptist Chm'ch situated at the corner of Main and
Hermon streets, in Worcester, to the united church by
deed dated February third, nineteen hundred and three,
signed by the deacons of said Main Street Baptist Church,
is also confirmed, and authority is hereby given to said
united church corporation, known as the First Baptist
Church of Worcester, Massachusetts, to sell and convey
said property and to give a valid title thereto. The pro-
ceeds of such sale or conveyance shall be used for the
benefit of the united church.
Section 4. The First Baptist Parish of Worcester,
Massachusetts, having by lawful and unanimous vote of
Conveyance
of certain
property con-
firmed, etc.
The First
Baptist Parish
of Worcester,
Acts, 1903. — Chaps. 304, 306. 268
its members disposed of its entire parish property and ^esofved^^^***'
assets for the benefit of the united church, and it appear-
ing further that the parish owes no debts and that the
object for which it was created has ceased to exist the said
parish is hereby dissolved.
Section 5. This act shall take effect upon its passage.
Approved May 4, 1903.
Chap.304:
Ak Act to provide for an armory for the companies of
the massachusetts volunteer militia in the charlestown
district of the city of boston.
Be it enacted, etc., as follows:
Section 1. The armory commissioners of the Com- Armory to be
monwealth shall acquire for the city of Boston, by pur- charj'^stown''
chase or otherwise, a suitable lot of land in the Charlestown Boston*. *^^
district of that city, and shall erect thereon a suitable
building for an armory, sufficient for four companies of
infantry and for such other detachments of the militia and
for such of the militia headquarters located in said city as
they may deem necessary, and containing the necessary
rooms for drilling and for the care of state propertv ; and certain pro-
o 1. i. t/ / visions of l^w
the provisions of sections one hundred and seven, one to apply.
hundred and eight, one hundred and nine, one hundred
and ten and one hundred and eleven of chapter sixteen
of the Revised Laws, exclusive of lines twenty-three to
twenty-five, inclusive, of said section one hundred and
seven, shall apply to all proceedings hereunder.
Section 2. No proceedings shall be had and no ex- subject to
pense incurred under this act until it has been accepted by thelj^ty council
the city council of the city of Boston , nor until the city "* -^o^to^- ^tc.
council has designated the amount of the loan necessary
for acquiring the land and for erecting the armory.
Section 3. Except as otherwise provided herein this when to take
act shall take effect upon its passage.
effect.
Approved May 4, 1903.
An Act relative to returns of records of deaths by clerks ni^nn ^0^
OF CITIES AND TOWNS. "'
Be it enacted.) etc., as follows:
Section 1. Section eighteen of chapter twenty-nine k. l. 29, § is,
of the Revised Laws is hereby amended by inserting after *^™^^<*e<i-
the word " births ", in the eighth line, the word : — and.
264
Acts, 1903. — Chap. 306.
Copies of
records of
births and
marriages to
be transmitted
to secretar}^ of
tlie Comnion-
wealtli annu-
ally.
Copies of
records of
deaths to be
transmitted to
secretary of
the Common-
wealth
monthly.
— by striking out the words " and deaths", in the same
line, by inserting after the word " births ", in the eleventh
line, the word : — and, — by striking out the words " and
deatlis ", in the same line, and by adding at the end of
said section the words : — The clerk of each city and town
shall, on or before the tenth day of every month, transmit
to the secretary of the Commonwealth, upon blanks to be
furnished by him, certified copies of the records of deaths
recorded in such city or town during the preceding month,
— so as to read as follows : — Section 18. The clerk of
each town and of each city containing less than thirty
thousand inhabitants shall annually, on or before the first
day of INIarch, the clerks of cities containing more than
thirty thousand and less than one hundred thousand in-
habitants, on or before the first day of April, and the
clerks of cities containing one hundred thousand inhabi-
tants or more, on or before the first day of May, transmit
to the secretary of the Commonwealth certified copies
of the records of births and marriages recorded therein
during the preceding calendar year, with certified copies,
upon blanks provided by the secretary, of all such records
and corrections in records of births and marriages as may
not have been previously returned. The clerk of each
city and town shall, on or before the tenth day of every
month, transmit to the secretar}^ of the Commonwealth,
upon blanks to be furnished by him, certified copies of
the records of deaths recorded in such city or town during
the preceding month.
Section 2. This act shall take effect upon its passage.
Approved May 4, 1903.
Chap.306
ft. L. 75, § 90,
amended.
Purifying,
etc., Infected
articles.
An Act relative to infected articles.
Be it enacted, etc., as follotvs :
Section 1. Section ninety of chapter seventy-five of
the Revised Laws is hereby amended by adding at the end
thereof the words : — or by the city or town , as the board
may determine. For any article of furniture or wearing
apparel ordered to be destroj'^ed by an order of the board
of health the city or town may recompense the owner to
an amount not exceeding fifty dollars, — so as to read as
follows : — /Section 90. The expense of securing, trans-
porting and purifying such articles, as fixed by the board,
shall bo paid by the owners or by the city or town, as the
board may determine. For any article of furniture or
Acts, 1903. — Chap. 307. 265
wearing apparel ordered to be destroyed by an order of
the board of health the city or town may recompense the
owner to an amount not exceeding fifty dollars.
Section 2. This act shall take eft'ect upon its passage,
Ajjproved May 4, 1903.
An Act relative to the returns to be made to the tax (J]injy 307
COMMISSIONER BY LIFE INSURANCE COMPANIES.
Be it enacted^ etc., as follows :
Section 1 , Section tAventy-four of chapter fourteen r. l. u, § u,
of the Revised Laws is hereby amended by adding at the '''™^°'^^'^-
end of said section the words : — After the fii'st return
has been made under this section each subsequent return
shall contain all the foregoing particulars relating to new
policies issued or assumed by the company since the last
retiu-n, and the numbers and new values of all policies
required to be included in the year for which the return
is made, and such other particulars as the tax commis-
sioner shall require, — so as to read as follows : — /Section Taxation of
24. A domestic or foreign company or association, which !;'(lnil°'m\es°*^^
is engaged, by its officers or by agents as defined in
chapter one hundred and eighteen, in the business of life
insurance within this Commonwealth shall annually, on
or before the tenth day of May, make a return to the tax
commissioner, signed and sworn to by its president and
secretary, giving the number, date and class of the policies
so held, the age of the assured life and the aggregate net
value of each group requiring a separate computation to
determine their net value and the combined aggregate,
and shall annually pay an excise tax of one quarter of
one per cent upon the net value of all policies in force
on the preceding thirty-first day of December, issued or
assumed by such company and held by residents of the
Commonwealth, as determined by the tax commissioner
upon such return and such other evidence as he may
obtain.- After the first return has been made under this
section each subsequent retm^n shall contain all the fore-
going particulars relating to new policies issued or assumed
by the company since the last return, and the numbers
and new values of all policies required to be included in
the year for which the return is made, and such other par-
ticulars as the tax commissioner shall require.
Section 2. This act shall take effect upon its passage.
Approved May 4, 1903.
266 Acts, 1903. — Chaps. 308, 309.
Chap.i^OS ^^ ■^^'^ KELATIVE TO THE TEMPORARY RELEASE OF INMATES OF
TRUANT SCHOOLS.
Be it enacted, etc., as follows :
?mendeii? ^' SECTION 1. Sectiou nine of chapter forty-six of the
Revised Laws is hereby amended by striking out the
words "a court or trial justice which has jurisdiction of
such oft'ences ", in the third and foiu'th lines, and insert-
ing in place thereof the words : — any member of the
board of trustees or county commissioners having charge
Temporary of the institution, — SO as to read as follows : — /Section 9.
inmates of If a near relation of a child who is confined on a sentence
' as an habitual truant, habitual absentee or habitual school
offender dies or is seriously ill, any member of the board
of trustees or county commissioners having charge of the
institution may order such child to be released for a
specified time, either with or without the custody of the
superintendent or other officer, and may revoke, extend
or otherwise modify such order. The expenses incurred
in serving such order shall be approved and paid in the
same manner as other expenses of the institution in which
the child is confined.
Section 2 . This act shall take eifect upon its passage .
Approved May 4, 1903.
Chcip.SO^ An Act to authorize the lowell and pelham street rail-
way COMPANY TO LEASE ITS RAILWAY AND PROPERTY TO THE
HUDSON, PELHAM AND SALEM ELECTRIC RAILWAY COMPANY.
Be it enacted, etc., as folloivs :
andPema.l. SECTION 1. The Lowcll and Pelham Street Railway
street Railway ComiDauv iiiav Icasc its railway and proijertv to the Hud-
lease its rail. ■ SOU, Pel ham and Salem Electric Railway Company for a
\VH V etc • • • . */ J. */
■ ' ■ period not exceeding ninety-nine years, and the Hudson,
Pelham and Salem Electric Railway Company may, after
the execution of such lease, operate the said railway as
a part of its system. Any lease made by virtue of the
authorit}' herein granted shall be subject to the approval
of the board of railroad commissioners.
Section 2. This act shall take effect upon its passage.
Approved May 4, 1903.
Acts, 1903. — Chaps. 310, 311, 312. 267
An Act to authorize the city op boston to sell certain (JJiav.^\0
property and rights to the town of brookline, and to
ai'thorize said town to incur indebtedness therefor.
Be it enacted^ etc., as follows:
Section 1. The mayor of the city of Boston is hereby ^ay seiK'^^
authorized to sell and convey to the town of Brookline the t«j.^ Vo*town '
old Boston Reservoir property on Boylston street, Brook- of BrookUne.
line, and any or all land other than the Fisher Hill Reser-
voii' property in said town held for the purpose of the
water supply of said city, and an}' and all rights of the
said city in, upon and over any such property or land so
held, upon such terms as may be agreed upon by said
mayor and town.
Section 2. The town of Brookline is hereby author- B^^otune
ized to purchase and acquire said property, land and "i:J^,ert^"^etc.
rights, and to borrow money to pay for the same, and
to make the debt incuiTcd therefor payable in such annual
proportionate pajanents as will extinguish the same in
twenty years.
Section 3. This act shall take effect upon its passage.
Approved May 5, 1903.
An Act to authorize the city of boston to pay a sum of (JJiav.'^W
money to the mother of JOHN DROHAN.
Be it enacted, etc., as follows :
Section 1. The city of Boston is hereby authorized ,^1^']; °iy^rX
to pa}^ to Margaret Drohan, mother of John Drolian late nfother^o^f John
superintendent of lamps of the city of Boston, a sum of r>iohan.
money not exceeding one half of the annual salary of said
John Drohan : provided, that such sum shall not exceed J'^'o^^^o-
the amount to which the said Drohan would have been
entitled if he had lived and continued to serve as super-
intendent aforesaid until the first day of February next
succeeding the date of his death.
Section 2. This act shall take effect upon its passage.
Approved May 5, 1903.
An Act relative to the further extension of the pension (7^a?9.312
system in the police department of the city of boston.
Be it enacted, etc., as follotvs :
Section 1. Section one of chapter three hundred and isoo, 306,§i,
• 111-11 amended.
SIX ot the acts oi the year nineteen hundred is hereby
268
Acts, 1903. — Chap. 313.
Certain
members,
etc., of i)oli('
department
Bo8t07i niay
pensioncd.e
amended by inserting after the word "member", in the
third line, the words : — engineer or fireman, — so as to
read as foUows : — Section 1. The board of poliee for
the cit}^ of Boston shall, at his own request, retire from
aetive service and place upon a pension roll any member,
engineer or fireman of the police department in good
standing who has arrived at the age of sixty years and
who has performed active service in the department for
twenty-five consecutive years.
Section 2. This act shall take effect upon its passage.
A];)proved May 5, 1903.
Town of
Watertown
may improve
certiiin lirooks,
water (-ourses,
etc., lor drain-
age purposes.
C%tt79.313 ^^' "^*^"^ RELATIVE TO WATER COURSES AND DRAINAGE IN THE
TOWN OF WATERTOWN.
Be it enacted^ etc., as foUoivs :
Section 1. The town of Watertown, for the purposes
of surface and ground drainage and for the protection of
the public health, may by its selectmen from time to time
improve the brooks and natural streams and water courses
in said town by widening the same, by removing obstruc-
tions in or over them, by diverting the Avater, or by alter-
ing the courses or deepening the channels or constructing
new channels, and may conduct the water of any such
brook, stream or water coiu'se and any surface or ground
water through pipes, covered conduits or open channels,
or convert any such brook, stream or water course, whether
in its original channel or after the alteration of the course
of the same, wholly or in part, into a covered conduit ;
and for the purposes aforesaid may from time to time
purchase or take land in fee simple or otherwise, or any
right or easement in land, including any brook, stream,
pond or water course or part of any brook, stream, pond
or water course which is wholly or partly within the
boundaries of any land so purchased or taken, and may
change the course of any brook, stream or water course
so that it shall be within said boundaries, and may by the
construction of drains or othcrAvise divert any surface
water or ground Avater into any brook, stream, pipe, con-
duit or channel constructed or maintained under authority"
of this act, and for the purposes of this act may conduct
any brook, stream or drain across an}' railroad or street
railway. location, or across, along or under any way, with-
out unnecessarily obstructing the same ; and may enter
May take
certain land,
change course
of brooks, etc.
Acts, 1903. — Chap. 313. 269
upon any land or way or do any work thereon which the
selectmen may deem necessary for said purposes, and
may make such improvements on the land so taken or
purchased as the selectmen shall deem necessary for the
protection of the public health or for protecting the water
of any brook, stream, water course, drain, conduit or
channel against pollution or obstruction, and may con-
struct such walks or Avays thereon as the selectmen may
deem necessary for ])ublic convenience, and may also enter
upon the location of any railroad or railway corporation,
by agreement with said corporation, for the purpose of
improving in the manner hereinbefore provided brooks
and natural streams flowing under or at the side of the
railroad or rail^^'ay tracks and within such location, and
may do any work thereon which said selectmen shall deem
necessary ; and for the purposes of this act may enter into
any contracts or agreements with any person or cor-
poration.
Section 2. When an}'- land or easement or right is Taking of
taken under the provisions of the preceding section the ^^ ' ^ ^'
proceedings for the taking shall be the same as the pro-
ceedings in the laying out of town ways, A description Description of
and plan of the land, easements or water or other rights bTflied for"
so taken shall, within sixty days after the taking of the ^'^o^'i-
same, be filed for record by the town in the registry of
deeds for the southern district of the county of Mid-
dlesex.
Section 3. All claims for damages sustained by the Damages,
taking of lands, rights or easements under authority of
this act, otherwise than by purchase, or by any other act
done under authority hereof, shall be ascertained and
recovered in the manner noAV provided by law in the case
of land taken for laying out town ways in said town :
provided, that, except in the case of lands taken under Proviso.
the provisions of law for the assessment of betterments,
in estimating the damages sustained by any person by the
taking of his property, or by any other thing done by
virtue of this act, there shall be allowed by way of set-
off' the benefit, if any, to the property of such person
resulting from the taking or from any other act so done.
Section 4. At any time within two years after any Assessment of
,1 ,ii J ill' betterments.
brook or natural stream or water course or tlie drainage
in said town has been improved in any of the ways men-
tioned or referred to in the first section of this act, under
270
Acts, 1903. — Chap. 313.
Assessment of
betterments.
No work to be
undertaken,
etc., until
iippropriation
is made.
Certain land,
etc., may be
sold by town.
Penalty for
injury to work,
etc.
a vote declaring the same to be done under the provisions
of law authorizing the assessment of betterments, if in
the opinion of the selectmen any real estate in said town,
including that, if any, of which a part is taken therefor,
receives any benefit or advantage therefrom beyond the
general advantiige to all real estate in said town, the select-
men may determine the value of such benefit and advan-
tage to said real estate and may assess upon the same a
proportionate share of the expense of making such im-
provement ; 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 relative
to the assessment and collection of betterments in the case
of the laying out, altering, widening, gi-ading or discon-
tinuing of ways in said town shall, so far as they may be
applicable and not inconsistent Avith the provisions of this
act, apply to the doings of the selectmen and of the town
under this act ; and all persons Avho 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 town.
Section 5. No land, water rights or other rights shall
be purchased as herein authorized, nor shall any of the
work and acts herein authorized be undertaken or con-
tracts therefor be made, until an appropriation has been
made of the moneys to be expended therefor.
Section 6. If in the opinion of the selectmen it is not
necessary for the town to retain the whole of the land or
water rights which may be purchased or taken for the
purposes of this act, such land or rights as it may no
longer be necessary for the town to retain may be sold
and conveyed by the town, provided such sale is author-
ized by vote of a majority of the voters of the town present
and voting thereon at a town meeting duly called for the
purpose.
Section 7. No person shall, without lawful authority,
disturb, injure or destroy any work of said town con-
structed or maintained for the purposes of this act, nor
pollute the waters of an}^ brook, stream, water course,
drain, conduit or channel in said town, nor put or main-
tain any obstruction therein. "Whoever violates any pro-
vision of this section shall for each offence be punished by
Acts, 1903. — Chap. 314. 271
a fine not exceeding five hundred dollars or by imprison-
ment in the house of correction for a term not exceeding
three months, or by both such fine and imprisonment.
A2)proved May 5, 1903.
An Act to authorize the town of watertown to refund /nr7„ o-i^
CERTAIN INDEBTEDNESS. ■'■'
Be it enacted, etc., as folloios:
Section 1 . The town of Watertown is hereby author- Town of
ized to renew or refund b}^ the issue of new securities mifyrefumi
certain of its outstanding notes, to wit : — Notes to the dewedness.
amount of five thousand dollars issued on account of the
widening of Watertown street, and matui'ing in the year
nineteen hundred and four ; notes to the amount of three
thousand dollars issued on account of the widening of
Mount Auburn street, and maturing in the year nineteen
hundred and five ; notes to the amount of fifty-nine thou-
sand dollars issued on account of construction of sewers,
and maturing in the year nineteen hundred and six ; notes
to the amount of twenty-four thousand dollars issued on
account of the widening of Mount Auburn street, and
maturing in the year nineteen hundred and seven ; notes
to the amount of four thousand dollars issued on account
of permanent improvements in highways, and maturing in
the year nineteen hundred and nine ; notes to the amount
of ten thousand dollars issued on account of permanent
improvements in highways, and maturing in the year
nineteen hundred and ten ; and notes to the amount of
twelve thousand dollars issued on account of sewer debts,
and maturing in the year nineteen hundred and eleven.
The secm'ities authorized by this act to be issued shall be payment of
payable as folloAvs : — Those issued on account of sewer «ec«"*ies.
debts in periods not exceeding thirty years from the dates
of issue of the new securities, and securities issued on
account of all other debts so renewed or refunded in
periods not exceeding twenty years from the dates of
issue of the new securities : provided, that said securities Proviso,
shall be paid in such annual or serial payments as will
extinguish within the time specified in this act the debts
on account of which they are issued.
Section 2. This act shall take effect upon its passage.
Approved May 5^ 1903.
272
Acts, 1903. — Chaps. 315, 316.
Treasurer
and receiver
general to
I88ue scri]) or
certificates of
debt, etc.
Ghap.^\5 -^N -'^CT TO PROVIDE FOR EXPENSES INCURRED IN THE CONSTRUC-
TION BY THE METROPOLITAN WATER AND SEWERAGE BOARD OF
THE SEWER FOR THE NEPONSET RIVER VALLEY.
Be it enacted^ etc., as foUotos:
Section 1. The treasurer and receiver general, in
order to meet additional expenses incurred under the
provisions of chapter four hundred and six of the acts
of the year eighteen hundred and ninety-five, and of acts
in amendment thereof and in addition thereto, shall, with
the approval of the governor and council, issue from time
to time scrip or certificates of debt in the name and behalf
of the Commonwealth and under its seal, to an amount
not exceeding four thousand dollars, in addition to the
amounts hitherto authorized to be issued under the pro-
visions of said chapter and acts, and the said provisions
shall apply to this additional loan.
Section 2. This act shall take effect upon its passage.
Approved May 5, 1903.
C7i«7:>.316 ^'^ ^^'^ '^^ EXTEND THE POWERS OF THE WESTON WATER COM-
PANY.
The Weston
Water Com-
pany may
extend its con-
duits, pipes,
etc., into tiie
town of Way-
land.
Town of
Way land may
take property,
etc.
Be it enacted, etc., as follows:
Section 1. The Weston Water Company, incorpo-
rated by chapter two hundred and seventeen of the acts
of the year eighteen hundred and ninety-six, may extend
its conduits, pipes, mains and other works into the town
of Way land along the Plain road, so-called, at Tower
hill, for a distance not exceeding one and one half miles
from the boundary line between the town of Wayland
and the town "of Weston. In making such extension said
company shall have the same rights and be subject to the
same liabilities as if the rioht to make such extension had
been included in its charter, except as otherwise provided
in section two.
Section 2. The town of Wayland shall have the right
at any time to take, by purchase or otherwise, the prop-
erty and all the rights and privileges of the Weston Water
Company within the town of Wayland, on payment to the
company of a sum not exceeding three thousand eight hun-
dred dollars, for works constructed previous to the first
day of June in the year nineteen hundred and three, and
Acts, 1903. — Chap. 317. 273
of the actual cost, without interest, of any other construc-
tive work done or acquired by the said company under
the conditions hereinafter prescribed between the said first
day of June and tlie date of sucli taking. The AVeston TheWeston
Water Company may make additions to or improvements ^a^y^nuj"'
in its works within the town of Wayland subsequent to J^lts^works""^
said first day of June : provided, that it shall first file a f^^-^'° '^^^-
plan of any such proposed additions or improvements proviso,
with the selectmen of the said town and shall receive the
approval of said selectmen ; and the said water company
shall file with the said selectmen a sworn statement of all
expenses of any such additions or improvements within
six months after the completion of the same. In case
the said town shall vote to purchase the said property,
rights and privileges, and cannot agree with the Weston
Water Company upon the amount to be paid therefor
as hereinbefore provided, then, upon a suit in equity
brought either by said water company or by the said
town, the supreme judicial court shall ascertain and fix
such sum in "accordance with the foregoing provisions, and
shall enforce the right of the said town to take possession
of the said property upon payment of such sum.
Section 3. This act shall take effect upon its passage.
Approved May 5, 1903.
An Act to authorize the city of north adams to borrow /^^xy^^QIT
MONEY OUTSIDE THE DEBT LIMIT, FOR THE IMPROVEMENT OF -^*
STREETS.
Be it enacted, etc., as foHoivs :
Section 1. The city of North Adams may issue permanent
bonds or notes of the city to an amount not exceeding LoaT^^cto'f*
one hundred thousand dollars be^'^ond the limit of indebted- i^os.
ness fixed by law and in addition to all amounts hitherto
authorized. Such bonds or notes shall be designated,
Permanent Improvement Loan, Act of 1903, shall be pay-
able in equal annual instalments in not more than five
years from their date, shall bear interest at a rate not ex-
ceeding five per cent per annum, and shall be signed by
the treasurer and countersigned by the mayor of the city.
Section 2. The city treasurer shall certify to the payment of
board of assessors each year the amount of such bonds or ^°^^'
notes issued and outstanding, and the board of assessors
shall each year assess upon the real and personal estate
274
Acts, 1903.
Chap. 318.
Sale of bonds,
etc.
Not to be
reckoned in
determining
debt limit.
subject to taxation in North Adams such sums as will be
sufficient to discharge all payments of principal and inter-
est falling due, and the city shall raise such sums b}^ tax-
ation.
Section 3. The city council may authorize the treas-
urer to sell such bonds or notes in his discretion for not
less than the par value thereof. The proceeds shall be
used to pay for the grading and paving of such streets or
parts thereof as may be designated by the city council,
under the provisions of chapter seventy-five of the acts
of the year eighteen hundred and ninety-seven, and to
provide curbstones for the same.
Section 4. Bonds or notes issued under this act shall
not be reckoned in determining the limit of indebtedness
of the city as fixed by law.
Section 5. This act shall take eftect upon its passage.
Approved May 5, 1903.
CA^7?.318 ^^ ■^^'^ RELATIVE TO THE DISPOSITION OF CASES FOR THE VIO-
LATION OF THE ELECTION LAWS.
R. L. 11, § 421,
amended.
Be it enacted, etc. , as follows :
Section 1. Section four hundred and twenty-one of
chapter eleven of the Revised Laws is hereby amended
by adding at the end thereof the words : — A prosecution
for the violation of any provision of this chapter shall not,
Unless the purposes of justice require such disposition, be
placed on file or disposed of except by trial and judgment
according to the regular course of criminal proceedings.
It shall be disposed of otherwise only upon motion in
writing stating specifically the reasons therefor and veri-
fied by affidavit if facts are relied on. If the court or
magistrate certifies in writing- that he is satisfied that the
cause relied on exists and that the interests of public jus-
tice require the allowance of the motion the motion shall
be allowed and the certificate of the court or magistrate
shall be filed in the case, — so as to read as follows : —
Section 421. The supreme judicial court and the su-
ing to elections, perior court shall have jurisdiction at law or in equity to
enforce the provisions of this chapter. Police officers
and constables shall arrest without a warrant any person
detected in the act of violating the caucus or election
laws. A prosecution for the violation of any provision
of this chapter shall not, unless the purposes of justice
Enforcement
of laws relat
Acts, 1903. — Chaps. 319, 320. 275
require such disposition, be placed on file or disposed of
except by trial and judgment according to the regular
course of criminal proceedings. It shall be disposed of
otherwise only upon motion in writing stating specifically
the reasons therefor and verified l)y affidavit if facts are
relied on. If the court or magistrate certifies in writing
that he is satisfied that the cause relied on exists and that
the interests of public justice require the allowance of
tlie motion the motion shall be allowed and the certificate
of the court or mag-istrato shall be filed in the case.
Section 2. This act shall take efiect upon its passage.
Approved May 5, 1903.
C/i«p.319
A2S Act relative to the construction at taunton of a build-
ing FOR the registry OF DEEDS FOR THE NORTHERN DISTRICT
OF THE COUNTY OF BRISTOL AND FOR THE REGISTRY OF PROBATE
AND THE PROBATE COURT FOR SAID COUNTY.
Be it enacted, etc., as follotvs :
Section 1. Sections one, four, six and seven of chap- 1902, 265, §§ i,
ter two hundred and sixty-five of the acts of the year amended!
nineteen hundred and tAVO, relative to the construction 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 of said county, are hereby
amended by striking out the words " one hundred thou-
sand dollars", wherever they occur therein, and inserting
in each instance, in place thereof, the words : — one hun-
dred and thirty thousand dollars.
Section 2. This act shall take effect upon its passage.
Apj)roved May J, 1903.
An Act relative to public service corporations and their f^Jinj) QOO
EMPLOYEES.
Be it enacted, etc., as follows:
Section 1. No railroad, street railway, electric lis^ht, Employment,
1 1,11 , iti etc., of persons
gas, telegraph, telephone, water or steamboat company bypuwic
shall appoint, promote, reinstate, suspend or discharge porations '
any person employed or seeking employment by any ^'^'s*™*^**-
such company at the request of the governor, lieutenant
governor, or any member or member elect of the council
or of the general court, or candidate therefor, justice of
the supreme judicial court, justice of the superior court,
276
Acts, 1903. — Chap. 321.
Employment
etc., of" persons
by public;
survice cor-
porations
restrii^ted.
Certain offices
not to be con-
sidered public
ofBces.
Penalty.
judge of probate, justice of a police, district or municipal
court, district attorney, nienibcr or member elect of a
board of county commissioners, or candidate for county
commissioner, member or member elect of a board of
aldermen, or selectmen, or city council, or any executive,
administrative or judicial ofh'cer, clerk or employee of any
branch of the government of the Commonwealth or of any
county, city or town ; nor sliall any such public officer or
body, or any member or member elect thereof or candi-
date therefor, directly or indirectly advocate, oppose, or
otherwise interfere in, or make any request, recommen-
dation, endorsement, requirement or certificate relative to,
and the same, if made, shall not be required as a condi-
tion precedent to, or be in any way regarded or permitted
to influence or control, the appointment, promotion, re-
instatement or retention of any person employed or seek-
ing employment by any such corporation, and no such
person shall solicit, obtain, exhibit, or otherwise make use
of any such official request, recommendation, certificate
or endorsement in connection with any existing or desired
employment by a public service corporation.
Section 2. The offices of probation officer, notary
public and justice of the peace shall not be considered
public offices within the meaning of this act.
Section 3. Any person or corporation violating the
provisions of this act shall be punished by a fine of not
less than fifty dollars nor more than one hundred dollars
for each offence. Approved May 5, 1903.
Ch(ip.H2il ^^ ^^'^ RELATIVE TO THE CARE OF THE INSANE OF THE CITY OF
BOSTON.
1900, 451, § 2,
amended.
Be it enacted, etc, as folloivs :
Section two of chapter four hundred and fifty-one of the
acts of the year nineteen hundred is hereby amended by
inserting after the word "city", in the fourth line, the
words: — and are cared for in said hospitals, — so as to
Certain read as follows : — Section 2. The hospitals now or here-
hospitals, etc, - ii-ii i • -ii i- /»ni /»
excepted from aitcr established and maintained by the city oi iJoston tor
act^etc?"*^ the board, care and treatment of the insane, and all insane
persons who have a settlement in said city and are cared
for in said hospitals, shall be excepted from the operation
of this act and shall be and remain under the operation
of the existing acts relating to insane persons ; and the
Acts, 1903. — Chaps. 322, 323. 277
bills for the board, care and treatment of patients in said
hospitals, from and after said first day of January, at the
rate of three dollars and twenty-live cents per week, or
as hereafter fixed by the legislature, shall be paid by the
Commonwealth, except the bills of patients who, or w^hose
kindred bound by law to support such patients, are of
sufficient ability to pay for such board, care and treat-
ment as determined by the board having charge of said
hospitals. Apjyroved May 5, 1903.
Chap.322
An Act to provide that tests by teie use of tuberculin
shale be made without charge to citizens of the com-
monwealth.
Be it enacted, etc., as follows:
Section thirty-one of chapter ninety of the Revised Laws e. l. 9o, § 31,
is hereby amended by adding at the end of said section the ^'"^^^e^*-
words : — Such tests by the use of tuberculin shall be made
without charge to citizens of the Commonwealth, and in
all other cases the expense of such tests shall be paid by
the owner of such animals or by the person in posses-
sion thereof, — so as to read as follows: — Section 31. Fl^°* ,-
m 1 1 • T • » 11 tuberculin
iuberculin as a diagnostic agent tor the detection of restricted, etc.
tuberculosis in domestic animals shall be used only upon
cattle brought into the Commonwealth and upon cattle at ,
Brighton, Watertown and Somerville ; but it may be used
as such diagnostic agent on any animal in any other part
of the CommonAvealth, with the consent in writing of the
owner or person in possession thereof, and upon animals
which have been condemned as tuberculous upon physical
examination by a competent veterinary surgeon. Such
tests by the use of tuberculin shall be made without charge
to citizens of the Commonwealth, and in all other cases
the expense of such tests shall be paid by the owner of
such animals or by the person in possession thereof.
Ax)proved May 5, 1903.
An Act making certain changes in the serge ant-at-arms' fiTfrij^ Q9Q
DEPARTMENT. -^ * "
Be it enacted, etc., as folloivs :
Section 1 . Section eleven of chapter ten of the Ee- r. l. lo, § ii,
vised Laws is hereby amended by striking out the words *™^'i'^ed.
"and the postmaster", in the fourth line, and by adding
278
Acts, 1903. — Chaps. 324, 325.
Salaries of
doorkeepers
of senate and
house, etc.
at the end of said section the words : — The postmaster
shall receive an annual salary of twelve hundred dollars ;
and the sorgeant-at-arnis may employ a cashier, who shall
be a stenographer, for whose conduct he shall be accounts
able, who shall receive an annual salary of one thousand
dollars, — so as to read as follows: — Section 11. The
doorkeepers of the senate and house of representatives
shall each receive an annual salar}^ of fifteen hundred dol-
lars. The assistant doorkeepers of the senate and house
of representatives shall each receive nine hundred and
fift}^ dollars for the regular annual session of the general
court. The postmaster shall receive an annual salary of
twelve hundred dollars ; and the sergeant-at-arms may
employ a cashier, who shall be a stenographer, for whose
conduct he shall be accountable, who shall receive an an-
nual salary of one thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved May 5, 1903.
GTian 324 ^^ ^^^ ^^ authorize the city of boston to pay a
SUM OF MONEY TO EMMA M. POOLE.
CERTAIN
City of Boston
may pay a sum
of money to
widow of John
C. Poole.
Proviso.
Be it enacted, etc., as follows :
Section 1. The city of Boston is hereby authorized
to pay to Emma M. Poole, widow of John C. Poole late
an employee in the street department of that city, a sum
of money not exceeding one half of his annual salary :
provided, that the sum hereby authorized to be paid shall
not exceed the amount to which the said Poole 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 May 5, 1903.
Chap.325 An Act to au
THORIZE THE CITY OF BOSTON TO PAY A CERTAIN
SUM OF MONEY TO MARY E. BARRY.
Be it enacted, etc., as follQtvs :
mayplfrsum SECTION 1. The city of Bostou is hereby authorized
wido'^df^'^ to pay to Mary E. Barry, widow of Thomas J. Barry
Thomas J. ]ate a police inspector of that city, a sum of money not
exceeding one half of the annual salary of the said Barry :
Barry.
Acts, 1903. — Chap. 326. 279
provided, that the sum hereby authorized to be paid shall Proviso.
not exceed the amount to which he would have been en-
titled if he had lived and continued to serve as such police
inspector until the first day of February next succeeding
the date of his death.
Section 2. This act shall take eflect upon its passage.
Approved May 5, 1903.
An Act to provide for the better protection of the public (J]inrjj 326
HEALTH ALONG CERTAIN WATER COURSES IN THE CITY OF LYNN.
Be it enacted, etc., as follows:
Section 1. The city of Lynn, for the purposes of n^ajMmprove
surface and eround drainao-e and for the protection of the certain brooks
CD HD A fiiici strotinis
public health, may by its board of aldermen from time to for drainage
time improve the brooks and natural streams in said city ^"'■^^°®®®'
by widening the same, by removing obstructions in or
over them, by 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 through pipes
or through a covered conduit or an open channel, or may
convert any such brook or stream, whether in its original
channel or after the alteration of the course of the same,
Avholly or in part into a covered conduit; and, for the May take
purposes aforesaid, the city may by its city council from etc.?change'
time to time, subject to the provisions hereof, purchase g^reams'^etc.
or take land in fee simple or otherwise, or any right or
easement in land, including any brook or stream or part
of any brook or stream which is wholly or partly within
the boundaries of an}^ land so purchased or taken ; and
may, by the board of aldermen, change the com'se 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 maintained under this
act ; and for the purposes of this act may conduct any
stream or drain across any railroad or street railway loca-
tion, or across, along or under any way, without unneces-
sarily 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
280
Acts, 1903. — Chap. 326.
Taking of
land, etc.
Proviso.
Description of
land, etc., to be
filed for record.
Damages.
Proviso.
Assessment of
betterments.
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 the board
may deem necessary for public convenience, and may also
enter upon the location of any railroad or railway corpo-
ration, by agreement with said corporation, for the pur-
pose of improving in the manner hereinbefore provided
brooks and natural streams Howing under or at the side
of the tracks and within said location, and may do any
work thereon Avhich said board shall deem necessary ; and
for the purposes of this act may enter into any contracts
or agreements with any person or corporation.
Section 2. When land or any right or easement in
land is taken under the provisions of the preceding sec-
tion the proceedings for the taking shall be the same as
the proceedings in the laying out of streets in said city :
j)7'ovided, that before any land or right or easement
therein is taken the city council shall give a public hear-
ing to all parties interested, notice of which shall be given
in one or more newspapers published in the cit}^ of Lynn
once a week for two weeks successively, and by posting
such notice in two public places in said city seven days
at least before such hearino- ; and no other hearino- or
notice shall be required. A description and plan of the
land so taken or purchased shall, within sixty days after
the passage of the order or vote under which the land is
taken or purchased, be filed for record by the city in the
registry of deeds for the southern Essex district.
Section 3. All claims for damages sustained by the
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 : provided, that, ex-
cept in the case of lands taken under the provisions pro-
viding for the assessment of betterments, in estimating
the damages sustained by any person by the taking of his
land or b}'^ any other act done b}^ virtue of this act there
shall be allowed l)y way of set-off 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
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
Acts, 1903. — Chap. 327. 281
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, in-
cluding 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 pro-
portionate share of the expense of making such improve-
ment ; but no such assessment shall exceed one half of
such adjudged benefit or advantage, nor shall the same
be made until the work of making such improvement is
completed. All laws now or hereafter in force in rela- certain pro.
tion to the assessment and collection of betterments in to apply. ^^
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 pro-
visions of this act, apply to the doings of the board of
aldermen under this act ; and all persons who are ag-
grieved by the assessment of betterments under the pro-
visions 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 authority. Penalty for
injure, disturb or destroy an}^ work of said city constructed Irouition 0°^ '
or maintained for the purposes of this act, nor pollute the ^^^^®''> *'*^-
"waters of any brook, stream, drain, conduit or 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 hun-
dred dollars or by imprisonment in the house of correc-
tion for a term not exceeding three months, or by both
such fine and imprisonment.
Section 6. This act shall take effect upon its passage.
Approved May 7, 1903.
An Act to authorize the cities of Cambridge and somer- ni^r^rf. QOT
VILLE AND THE TOWNS OF ARLINGTON AND BELMONT TO IMPROVE ^
THE CONDITION OF ALEWIFE BROOK, LITTLE RIVER AND WEL-
LINGTON BROOK.
Be it enacted, etc., as follows :
Section 1. At any time or times within five years Aiewife brook,
after the passage of this act the cities of Cambridge and hnprove^ to-
282
Acts, 1903. — Chap. 327.
drainage
purposes.
Improvements
to be agreed
upon by a
special com-
mission, etc.
Certain lands,
etc., may be
taken, etc.
Special com-
mission may
construct con-
duits, lay
pipes, etc.
Somervillo and the towns of Arlington and Belmont, act-
ing by tlie special commission hereinafter constituted may,
at tiieir joint expense, for the purpose of surface drain-
age, widen, fill, clear, grade, deepen, alter the channel
of, wall up, cover and otherwise improve, in whole or in
part, Alewife brook from its junction with Mystic river
to its junction with Little river, and Little river from its
junction with Alewife brook to the Arlington line, and
Wellington brook from Little river to Wellington street.
Section 2. The general scheme for said improve-
ments within the limits of said cities and towns shall first
be agreed upon by a special commission, consisting of the
mayor of the city of Cambridge, the mayor of the city
of Somerville, the chairman of the selectmen of the town
of Arlington and the chairman of the selectmen of the
town of Belmont, for the time being, and shall be exe-
cuted and maintained by said special commission. Said
special commission may make such contracts and appoint
such agents as may be necessary to carry out the pro-
visions of this act. No action by said special commission
in regard to any matter shall be valid unless taken by
agreement of all the members.
Section 3. In order more eflfectually to make said
improvements within their respective limits, either city
acting by and through its city council and either town
may, by purchase or otherwise from time to time, under
the laws, so far as they apply, relating to the taking of
lands for the laying out of highways in said cities and
towns, respectively, under the provisions of law author-
izing the assessment of betterments, with like remedies
to all parties interested, take in fee or otherwise any
lands, easements, rights and other property situated within
four hundred feet on either side of the centre of the chan-
nel of said brooks and Little river. Said special com-
mission may construct, lay and carry any conduit, pipe,
drain or other work under any railroad or railway location
or way, in such manner as not unnecessarily to obstruct
or impede travel thereon ; may dig up any such way and
may lay, maintain and repair conduits, pipes and other
works beneath the surface thereof, conforming to any rea-
sonable regulations made by the aldermen of the city and
selectmen of the town respectively wherein such works
are performed, and restoring, so far as practicable, any
such way to an order and condition as good as that which
Acts, 1903. — Chap. 327. 283
obtained when such digging was begun, and shall save
said cities and towns harmless against all damages for in-
juries resulting from, arising out of and incident to the
doing and construction of any such work. If it is found ofwa^etl"^**
necessary to have a right of way from Ale wife brook to may be taken.
the streets or boulevards near Mystic river, and to take
land in excess of the amount hereinbefore authorized, any
of the said cities and towns may, as aforesaid, take said
Tight of way and land.
Section 4. Said cities and towns, within sixty da,ys Description of
after the taking by them, respectively, of any property as ?ecOTde5,*etc.*'
aforesaid, shall cause to be recorded in the registry of
deeds for the county of Middlesex, southern district, de-
scriptions of the property taken suificiently accurate for
identification, and a statement that the same are taken in
pursuance of the provisions of this act, which statement
shall be signed by the mayor of the city or a majority of
the selectmen of the town taking the same, and the title
to all property so taken within their respective limits
shall be vested in the city or to^vn taking the same.
Section 5. For the purpose of regulating the flow of ^^"IfofstruS
water in the channels of said brooks and Little river, and etc.
of preventing the inflow of tide water from Mystic river
into Alewife brook and upon the marshes and meadows
along and in the vicinity of said brooks and Little river,
said special commission shall, upon such terms and con-
ditions as may mutually be agreed upon by said special
commission and the metropolitan water and sewerage
board and the metropolitan park commission, construct
suitable tide-gates located near Mystic river upon land
now owned by the Commonwealth of Massachusetts, and
under the care and control of the metropolitan water and
sewerage board and metropolitan park commission. If
said special commission cannot agree with said board and
said metropolitan park commission upon the terms and
conditions aforesaid, the same shall be determined by the
state board of health.
Section 6. At any time within ten years after the Additional
passage of this act, upon the unanimous agreement of the be°taken%tc.
said cities and towns, the said special commission ma}^,
at the joint expense of said cities and towns and in the
manner provided in section three of this act, take addi-
tional land and build a reservoir therein, in connection
with the tide-gates hereinbefore provided for, for the pur-
284
Acts, 1903. — Chap. 327.
Damages.
Assessment of
betterments.
Payment of
expenses, etc.
pose of receiving the flow of said brooks and Little river
during the period of high tides when the tide-gates would
be closed, and in order to prevent too great a rise in the
water level in the channel of either brook or river as afore-
said in times of storms or at other times. The care and
maintenance of the tide-gates and the reservoir, if con-
structed, and of the channels of said brooks and Little
river, and the keeping of the same clear and free from
veo-etable growths and other obstructions, shall be vested
in the said special commission.
Section 7. Any person entitled by law to any dam-
ages, whether by the taking of or injury to his property
under authority of this act, ma}^ have such damages de-
termined by a jury in the superior court in the county of
Middlesex, by petition therefor, filed within two years
after such taking or takings, or after the doing of such
injury, under the same rules of law, so far as they apply,
by which damages are determined for the taking of land
for highways in the said cities of Cambridge and Somer-
ville and towns of Arlington and Belmont, respectively.
Section 8. At any time within tlu'ee years after the
taking of any lands or property under the provisions of
this act, betterments may be assessed for said taking and
for the expensas and costs of carrying out the provisions
of this act, under the general laws authorizing the assess-
ment of betterments in said cities and towns, respectively,
with like remedies to all parties interested. Such better-
ments shall be assessed by said special commission, and
the proceeds of such betterments shall be divided among
said cities and towns in the proportions hereinafter stated.
Section 9. The expenses and costs incurred as pro-
vided in this act for damages for land and other property
rights taken shall in the first place be paid by the city or
town originally liable as provided in this act for such
damages. These expenses, costs and damages so paid,
and the cost and expense of constructing and carrjdng
out and maintaining from year to year all the works
herein authorized, shall be computed by said special com-
mission, and each city and town shall pay or be reim-
bursed therefor by the others of said cities and towns so that
the net expense to each shall be in the proportions of
fifteen per cent to the city of Somerville, twenty per cent
to the town of Belmont, twenty-two per cent to the town
of Arlington, and forty-three per cent to the city of Cam-
Acts, 1903. — Chap. 327. - 285
bridge. The determination of the amount each city and
town shall pay and the auditing and approval of the bills
shall be made by said special commission. Each city and
town may recover in an action of contract of any other
city or town its proportion of the expenses and costs
incurred by it under the provisions of this act. Each
city and town shall be liable in an action of contract for
its proportional share, as above specified, to any person to
whom said special commission may incur any obligation
under this act.
Section 10. Each of said cities or towns may from improvement
time to time issue, in excess of the limit of indebtedness BrookToan.
prescribed by law, notes, bonds or scrip to such an
amount as may be required for the purposes of this act.
Such notes, bonds or scrip shall be designated on the face
thereof, Improvement of Ale wife Brook Loan, and the
proceeds shall be used to meet the costs to be paid by
said cities and towns, respectively, under this act. Such
notes, bonds or scrip shall bear interest payable semi-
annually at a rate not exceeding four per cent per annum,
and shall be paj'able at such times, in not less than ten
years nor more than forty years from their dates, as shall
be determined by vote of the city council of the city or
by vote of the town issuing the same. Said cities or
towns may sell such notes, bonds or scrip, or any part
thereof, from time to time, or pledge the same for money
borrowed for the above purpose, but the same shall not
be sold or pledged for less than the face value thereof.
The provisions of sections twelve, thirteen, fourteen, fif- certain pro-
teen, sixteen and seventeen of chapter twenty-seven of toXpiy°
the Revised Laws shall, so far as they may be applicable,
apply to the securities issued under authority of this act.
Section 11. The supreme judicial court, or any jus- Enforcement
tice thereof, sitting in equity shall, in term time or vaca-
tion, upon the petition of any of said cities or towns, or
of said special commission, or of the attorney of any such
petitioner, have jurisdiction in equity to enforce the pro-
visions of this act and to prevent any violation of the
same.
Section 12. This act shall take effect upon its passage.
Approved May 7, 1903.
of provisions.
286
Acts, 1903. — Chaps. 328, 329, 330.
R. L. 112, § 95,
repealed.
CA«7?.328 ^N '^^'^ RELATIVE TO THE ANNUAL RETURNS OF STREET RAILWAY
CORPORATIONS.
Beit enacted^ etc.^ asfollo^vs:
Section 1. Section ninety-five of chapter one hun-
dred and t^A^elve of the Revised Laws, which provides
that a fee of tAventy dollars shall accompany the annual
report of every street railway corporation in this Com-
inonAvealth to the board of railroad commissioners, is
hereb}^ repealed.
Section 2. This act shall take effect upon its passage.
A23proved May 7, 1903.
ChttV.32^ '^'^ -^CT RELATIVE TO POSSESSION OF BODIES OR FEATHERS OF
CERTAIN BIRDS.
R. L. 92, § 8,
amended.
Penalty for
having in
possession
the body or
feathers of
certain birds,
etc.
When to take
effect.
Be it enacted, etc., as folloios:
Section 1. Section eight of chapter ninety-two of the
Revised Laws is hereby amended by inserting after the
Avord "section", in the third line, the Avords : — or of
section five of this chapter, — so as to read as foUoAvs : —
Section 8. Whoever has in possession the body or feath-
ers of a bird, the taking or killing of AAdiich is prohibited
by the provisions of the preceding section or of section
five of this chapter, Avhether taken in this Commonwealth
or elscAvhere, or Avears such feathers for the purpose of
dress or ornament, shall be punished by a fine of ten dol-
lars ; but the provisions of this section shall not prohibit
the taking or killing of such birds by the holders of certifi-
cates provided for in the preceding section, nor shall they
apply to natural history associations or to the proprietors
of museums, or other collections for scientific purposes,
or to non-residents of the CoimnonAvealth passing through
it or temporarily dAvelling therein.
Section 2. This act shall take effect on the first day
of January in the year nineteen hundred and four.
Approved May 7, 1903.
CA'(?Z>.330 -^^ ^^'^ RELATIVE TO THE INSTRUCTION AND TRAINING OF HABIT-
UAL TRUANTS, ABSENTEES AND SCHOOL OFFENDERS.
Be it enacted, etc., as follows :
amendei^^' SECTION 1. Section three of chapter forty-six of the
Revised Laws is hereby ^amended by striking out the
Acts, 1903. — Chap. 330. 287
whole of said section and inserting in place thereof the fol-
lowing : — Section 3. A child between seven and fo\ir- Hawtuai
teen years of age who wilfully and habitually absents mltmentof™"
himself from school contrary to the provisions of section ®^^"
one of chapter forty-four shall be deemed to be an habit-
ual truant, and, unless placed on probation as provided
in section seven of this chapter, may, upon com^^laint by
a truant officer and conviction thereof, if a boy, be com-
mitted to a county truant school for not more than two
years, and, if a girl, to the state industrial school for girls ;
but if the girl is under twelve years of age she shall be
committed to the custody of the state board of charity,
if they so re(|uest, for not more than two years.
Section 2. Section four of said chapter is hereby r. l. 46, §4,
amended by striking out the whole of said section and ^"^®°*^^^-
inserting: in place thereof the following- : — Section 4. A Hawtuai
child between seven and sixteen years of aere who may be commitment
of etc
found wandering about in the streets or public places of '
any city or town, having no lawful occupation, habitually
not attending school, and growing up in idleness and
ignorance, shall be deemed to be an habitual absentee,
and, unless placed on probation as provided in section
seven, ma}^, upon complaint by a truant officer or any
other person and conviction thereof, if a boy, be com-
mitted to a count}^ truant school for not more than two
years, or to the Lyman school for boj^s, and, if a girl, to
the state industrial school for girls ; but if the girl be
under twelve years of age she shall be committed to the
custody of the state board of charity, if they so request,
for not more than two years.
Section 3. Section five of said chapter is hereb}^ r. l. 46, §5,
amended by striking out the whole of said section and '*™®°'^*^'*-
inserting in place thereof the following : — Section 5. A gchooi offeud-
child under fourteen years of ao-e who persistently violates ers, commit-
OX t/ ment of, gLc.
the reasonable regulations of the school which he attends,
or otherwise persistently misbehaves therein, so as to
render himself a fit subject for exclusion therefrom, shall
be deemed to be an habitual school offender, and, unless
placed on probation as provided in section seven, may,
upon complaint by a truant officer and conviction thereof,
if a boy, be committed to a county truant school for not
more than two 3'^ears, or to the Lyman school for boys,
and, if a girl, to the state industrial school for girls ; but
if the girl be under twelve years of age she shall be com-
288 Acts, 1903. — Chap. 331.
mitted to the custody of the state board of charity, if
they so request, for not more than two years.
B-L-46,§io, Section 4. Section ten of said chapter is hereby
amended by adding at the end thereof tlie words : — If a
girl who is committed to tlie custody of the state board
of charity under section three, four or five of this chap-
ter, proves unmanageable in a private family, she may
be committed by the state board of charity to the state
industrial school for girls, — so as to read as follows : —
?niu?y'inmiites ^^ed'ioii 10. An inmate of a county truant school or of
of truant the ])arental school of the city of Boston who persistently
violates the reasonable regulations thereof, or is guilty
of indecent or immoral conduct, or otherwise grossly
misbehaves, so as to render himself an unfit subject for
retention therein, may, upon complaint by the officer in
control of said school and conviction thereof, if under
fifteen years of age, be committed to the Lyman school
for boys ; if over fifteen years of age, to the Massachu-
setts reformatory. If a girl who is committed to the cus-
tody of the state board of charity under section three,
four or five of this chapter, proves unmanageable in a
private family, she may be committed by the state board
of charity to the state industrial school for girls.
Section 5. This act shall take eflfect upon its passage.
Approved May 7, 1903.
(JJiaV.^'dX ^^ ^^^ RELATIVE TO STREETS AND LANDS IN THE NEIGHBORHOOD
OF PARKS, PARKWAYS AND BOULEVARDS IN THE CITY OF BOSTON.
Be it enacted, etc., as follovjs :
1898, 540, §2, Section 1. Section two of chapter five hundred and
amended. . -iitii
forty of the acts of the year eighteen hundred and ninety-
eight is hereby amended by striking out the whole of said
section and inserting in place thereof the following : —
m^ssufnwso™' 'Secttou 2. Said board of park commissioners shall have
Boston to con- under their direction and control the planting and care
trol planting « n , i ^ -, . ^ ^^t-^
of trees, etc., in of all trccs, the placing of seats, standpipes, drinking
of parks, etc. fountains, and works of art on said boundary roads and
parts of ways, and may establish such reasonable rules and
regulations relating to the same and to said roads and parts
of ways, and to the displaying of advertisements, and to
the height and character of fences placed upon lands
abutting upon said boundary roads or parts of ways, as
they shall deem that the public interests require.
Acts, 1903. — Chap. 332. 289
Section 2. The board of park commissioners of the Tobavecontroi
city of Boston shall have the same power and control playgrounds.
over, and the same power to make rules relating to, play-
grounds now or hereafter taken by said board under au-
thority of law or placed under their charge by the city
council of said city, as are or may be vested in them in
respect to parks, parkways and boulevards under their
control.
Section 3. This act shall take effect upon its passage.
Approved 3Iay 7, 1903.
ChapM2
An Act relative to certain fraternal beneficiary corpo-
rations.
Be it enacted, etc., as folloivs:
Section 1. Section twelve of chapter one hundred ^i^^^^Ji| § i'^-
and nineteen of the Revised Laws is hereby amended by
striking out the word "both", in the eleventh line, and
inserting in place thereof the words : — an annuity or
gratuity contingent upon length of service not exceeding-
five hundred dollars in any one year, or any or all of said
benefits, — and by inserting at the end thereof the words :
— An association which limits its membership, benefits
and business as described in this section may be incor-
porated in the manner prescribed in sections one and two
of this chapter, so far as the same are applicable. The
money or other benefit to be paid by such a corporation
shall be exempt from attachment as provided in section
seventeen of this chapter. The recording officer of any
organization claiming exemption under this section shall
file a certified copy of its by-laws with the insurance
commissioner whenever he shall so require in writing, —
so as to read as follows : — Section 12. A fraternal ben- certain corpo-
eficiary corporation, — or an association which limits its maypay^'death
membership to a particular order, class or fraternity, or ^e^eflts^^jJj
to the employees of towns or cities, the Commonwealth,
or the federal government, or of a designated firm, business
house or corporation, — or a secret fraternity or order, —
or a purely charitable association or corporation existing
on the twenty-eighth day of June in the year eighteen
hundred and ninety-nine or on the twenty-third day of
May in the year nineteen hundred and one, — any one
of which pays a death or funeral benefit not exceeding
two hundred dollars, or disability benefits not exceeding
290 Acts, 1903. — Chaps. 333, 334
ten dollars a week, or an annuity or gratuity contingent
upon length of service not exceeding five hundred dollars
in any one year, or any or all of said benefits, and which
is not conducted as a business enterprise or for profit,
may transact in this Commonwealth such business, without
otherwise conforming to the provisions of this chapter.
An association which limits its membership, benefits and
business as described in this section may be incorporated
in the manner prescribed in sections one and two of this
ft-om Tttacii- chapter, so far as the same are applicable. The money
ment, etc. or other benefit to be paid by such a corporation shall be
exempt from attachment as provided in section seventeen
of this chapter. The recording ofiicer of any organization
claiming exemption under this section shall file a certified
copy of its by-laws with the insurance commissioner when-
ever he shall so require in writing.
Section 2. This act shall take efiect upon its passage.
Approved May 7, 1903.
Chcip.333 An Act to authorize the governor to appoint certain
AGENTS OP THE MASSACHUSETTS SOCIETY POR THE PREVENTION
OF CRUELTY TO CHILDREN AS SPECIAL DISTRICT POLICE OFFICERS.
Be it enacted, etc., as follows :
a|wfts°of the The govcmor may from time to time appoint two or
soclety'forthe "lo^e agcuts of the Massachusetts Society for the Pre-
o/cJru^w^^to vention of Cruelty to Children as special district police
Children may officers for a term of three years, who shall be subiect to
special district rciiioval at any time by the governor, shall serve with-
poiceo cers, ^^^ ^^^ ^^^^ sliall havc and exercise throughout the Com-
monwealth the powers of district police officers to serve
Proviso. warrants and other criminal processes : provided, however,
that this act shall give the officers appointed under it no
authority to arrest without a warrant.
Api:)roved May 7, 1903.
Ch€tp,334: An Act to provide for the care of neglected children.
Be it enacted, etc., as follows :
chMrenmay SECTION 1. A policc, district or municipal court or a
custody" etc. ^^'^^^ justicc, upon a coiiiplaint made by any person that
any child under sixteen years of age within its or his
jurisdiction, by reason of orphanage or of the neglect,
crime or drunkenness, or other vice of its parents, is
Acts, 1903. — Chap. 334. 291
growing up without education or without salutary con- Certain
trol, or in circumstances exposing him to lead an idle and be taken in ^
dissolute life, or is dependent upon public charity, may *^"^*° ^'^*^'
issue a precept to bring such child before said court or
trial justice, and shall issue a notice to the state board of
charity and shall also issue a summons requiring the
board or person to whom such notice or summons is
directed to appear before said court or trial justice at
the time and place stated in the notice and summons, to
show cause why such child should not be committed to
the state board of charity, or be otherwise provided for.
Such summons shall be directed to the father of the child,
if living and resident within the Commonwealth ; if not,
to the mother of the child, if living and resident within
the Commonwealth ; if there be no parent living and resi-
dent within the Commonwealth, to the legal guardian of
such child ; if there be no legal guardian, to the person
with whom such child last resided ; if there be no father,
mother, guardian or person as aforesaid, to some suitable
person to act in behalf of such child.
Section 2. When such child is taken in custody upon complaint may
said precept and is brought before said court or trial jus- ^e^contmued,
tice, it or he may then hear said complaint, or said com-
plaint may be continued to a time fixed by said court or
trial justice for hearing, and said court or trial justice
may allow the child to be placed in the care of some suit-
able person or charitable corporation upon his or its fur-
nishing surety for the further appearance of said child ;
or the child may be committed to the custody of said state
board until surety is furnished, pending a hearing on said
complaint.
Section 3. If at the hearino- by said court or trial commitment,
.., . etc of
justice upon said complaint the child is before said court neglected
or trial justice, and it appears that said summons has been ^^\ ^^^'
duly and legally served upon some person mentioned as
aforesaid, and that said notice has been issued to said state
board, the court or trial justice, if it or he finds the allega-
tions in said complaint to be proven, may further continue
said complaint and may allow the child to be placed in
the care of some suitable person or charitable corporation
upon his or its furnishing surety for the further appear-
ance of the child before said court or trial justice whenever
said court or trial justice may require ; and said court or
trial justice may make such further orders with reference
202
Acts, 1903. — Chap. 334
Certain chil-
dren may be
fommitted to
tlie custody of
tlie overseers
of the poor.
Powers and
duties of
overseers of
the poor, etc.
Appeal may be
made from
order of court,
etc.
Repeal.
to the care and custody of the child as may conduce to
the best interests of the child ; or said court or trial justice
may commit the child to the custody of the state board
of charity until he attains the age of twenty-one years, or
for a less time : and said board may discharge said child
from its custody whenever the object of its commitment
has been accomplished.
Sectiox 4. If such child has a settlement, and if the
overseers of the poor of the place of his settlement so
request, the commitment may be to their custod>\ The
state board of charity may, in its discretion, transfer its
custody of any such child who has a settlement, to the
overseers of the poor of the place of settlement, upon
their request, and such transfer shall thereafter relieve the
Commonwealth from further liability for his maintenance.
Section 5. The overseers of the poor shall have the
same powers as to children committed or transferred to
their custody as are given to the state board as to children
in its custody ; and in the city of Boston the trustees for
children shall have the powers and duties conferred by
the provisions of this and the preceding section upon the
overseers of the poor.
Section 6. The child, parent, guardian or person
appearing in behalf of such child, or the state board of
charity, may appeal from the order of the court or jus-
tice to the superior court sitting for civil business for
the county within which the hearing is held, and if said
parent, guardian or other person ajDpearing on behalf of
the child fails to furnish such bail as may be required by
the court or justice before whom such hearing is held, the
child may be committed to the custody of the state board
of charity, or placed in the care of some suitable person
or charitable corporation, pending the determination of
the appeal. Such appeal shall be entered in said superior
court by the court or justice from which or from whom
the appeal is taken, without the payment of an entry fee,
and the superior court may, in its discretion, advance
such complaint for speedy trial.
Section 7. Sections thirty-seven and thirty-eight of
chapter eighty-three of the Revised Laws are hereby
repealed.
Section 8. This act shall take effect upon its passage.
Approved May 8, 1903.
Acts, 1903. — Chaps. 335, 336. 293
Jj J.l^w^. v>iJ.^l_I. ^. ^^^,
An Act to authorize the city of fall river to incur indebt- /^/,^^ qq^
edness beyond the limit fixed by law, for school pur-
POSES.
Be it enacted, etc., as follows :
Section 1. Section one of chapter one hundred and a?nliided!^'
twenty-seven of the acts of the year nineteen hundred
and three is hereby amended by striking out the words
" for the construction of new schoolhouses and of fur-
nishing the same ", in the second and third lines, and in-
serting in place thereof the following : — for new school
buildings and of constructing and furnishing such build-
ings, — so as to read as follows : — /Section 1. The city city of ran
of Fall River, for the purpose of purchasing land for new issulfwds,
school buildings and of constructing and furnishing such ^^^ °^ ®^'''^''
buildings in that city, may incur indebtedness beyond
the limit fixed by law to an amount not exceeding one
hundred and fifty thousand dollars, and may issue bonds,
notes or scrip therefor. Such bonds, notes or scrip shall
be payable within such period, not exceeding twenty
years from the date thereof, and shall bear such rate of
interest, not exceeding four per cent per annum, as the
city council shall determine. Except as otherwise pro-R. L.27to
vided herein the provisions of chapter twenty-seven of ^"^^ ^' ^^'
the Revised Laws shall, so far as they may be applicable,
apply to the indebtedness hereby authorized, and to the
securities issued therefor. *'
Section 2. This act shall take effect upon its passage.
Approved May 8, 1903.
Ar{ Act to provide an additional outlet for the sewage /^7,/y^ QQ(^
OF THE TOWN OF BELMONT. "'
Be it enacted, etc., asfolloivs:
Section 1. The metropolitan water and sewerage outlet to be
board is hereby authorized and directed to provide an rewage^o/p^nt
outlet for the sewage of that part of the town of Belmont, Beimont^etc
approximately three hundred and thirty acres in area,
situated north of Belmont street and adjoining the city of
Cambridge on the westerly side of that city, and to con-
struct for that purpose a sewer extending westerly from
the existing metropolitan sewer in Mount Auburn street,
at Lowell street, through Mount Auburn street to Aber-
294
Acts, 1903. — Chap. 336.
City of Cam-
bridge may
make house
connections
with sewer,
etc.
Proviso.
Metropolitan
water and
sewerage
board to ex-
ercise certain
authority, etc.
Treasurer and
receiver gen-
eral to issue
scrip or certifi-
cates of debt,
etc.
deen avenue, thence northerly through Aberdeen avenue,
and -westerly through Dundee street and private lands
and under the Watertown branch railroad ; thence westerly
through Holworthy place and Hohvorthy street and private
lands to Gushing street near Gushing avenue ; and thence
westerly in Gushing avenue to the Belmont line at Eric-
son street. The city of Gambridge shall have the right
to make and maintain house connections with said addi-
tional metropolitan sewer and to connect lateral sewers
therewith, in the same manner in which connections are
made with the present sewers of that city, under the
direction of the metropolitan water and sewerage board :
provided^ however, that no drain or sewer used for the
conveyance of any rain water shall be connected with said
sewer.
Section 2. In providing an outlet for the sewage of
the aforesaid part of the town of Belmont and in receiving
sewage from said area, and in all action relating thereto,
and for the purpose of constructing and maintaining the
additional metropolitan sewer, the metropolitan water and
sewerage board, acting on belialf of the Gommonwealth,
shall have and exercise all the authority conferred upon
said board by chapter four hundred and thirty-nine of the
acts of the year eighteen hundred and eighty-nine, and
by acts in amendment thereof and in addition thereto,
regarding the original system or anything relating thereto ;
and all the provisions of said chapter and acts are hereby
made applicable to this additional taking and construc-
tion, except as otherwise provided herein.
Section 3. The treasurer and receiver general, in
order to meet the expenses incurred under this act, shall,
with the approval of the governor and council, issue from
time to time scrip or certificates of debt in the name and
behalf of the Gommonwealth' and under its seal, to an
amount not exceeding fifty thousand dollars, and any
scrip or certificates of debt so issued shall be considered
as in addition to the amounts authorized under said chap-
ter four hundred and thirty-nine and acts in amendment
thereof and in addition thereto, and the provisions of said
chapter and acts in relation to the loan so authorized
shall apply to this additional loan.
Section 4. This act shall take effect upon its passage.
Approved May 9, 1903.
Acts, 1903. — Chap. 337. 295
An Act making appropeiations for the Louisiana purchase nj^f^rf, QQ7
EXPOSITION, FOR THE TRUSTEES OF THE SOLDIERS' HOME IN
MASSACHUSETTS, AND FOR CERTAIN MISCELLANEOUS EXPENSES
AUTHORIZED BY LAW.
jBe it enacted, etc., as folloivs:
Section 1. The sums hereinafter mentioned are ap- Appropria.
propriated, to be paid out of the treasury of the Com- '^^°°®"
mon wealth 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 disseminating useful information in agriculture, as Disseminating
authorized by chapter twenty-seven of the resolves of the mauon I'n"'^"
present year, the sum of five hundred dollars. agriculture.
For expenses in connection with the meeting of the Meeting of
National Educational Association in the city of Boston caucmaVAsioI
during the current year, as authorized by chapter twenty- ^iation.
eight of the resolves of the present year, a sum not ex-
ceeding one thousand dollars.
For comi^letino; and furnishing; the new dormitory at state normal
111 -rrr r- ^ ^ ^ ' -i SChool at
the state normal school at Westneld, as authorized by westaeid.
chapter twenty-nine of the resolves of the present year,
a sum not exceeding seventeen thousand dollars.
For the New England Industrial School for Deaf Mutes, New England
as authorized by chapter thirty of the resolves of the schoorior
present year, the sum of twenty-five hundred dollars. Deaf Mutes.
For the commissioners on unpaid bounty claims, as commission-
authorized by chapter thirty-one of the resolves of the ^ounty'^afnfs.
present year, the sum of six thousand dollars, being the
amount of compensation ordered by the governor and
council under date of April fifteenth, nineteen hundred '
and tliree.
For the expenses of a team of the Massachusetts Miiitiarine
militia to take part in the international rifle match at Sea *^*"^'
Girt, New Jersey, as authorized by chapter thirty-two
of the resolves of the present year, a sum not exceeding
two thousand dollars.
For the state normal school at Fitchburg, as authorized gpho'ifat™^^
by chapter thirty -four of the resolves of the present year, Fitchburg.
a sum not exceeding twenty-five thousand dollars.
For compiling, indexing and publishing the records of ^r°records7
Massachusetts troops who served in the revolutionary
296
Acts, 1903. — Chap. 337.
Reinibursiiif;
oflicers of Co.
F, 6th regi-
ment.
Trustees of
Soldiers'
Home.
Charles F.
Sargent.
Louisiana
purchase
exposition.
Massachusetts
Charitable Eye
and Ear In-
firmary.
Dedication of
statue of
major general
Joseph
Hooker.
Improvements
of channel of
Bass river.
Protection of
Stage harbor
in Chatham.
Massachusetts
reformatory.
State prison.
war, as autliorized by chapter thirty-five of the resolves
of the present 3'car, a sum not exceeding six thou.sand
dollars.
For reimbursing the officers of company F of the sixth
regini(>nt of the Massachusetts militia for uniforms and
ecjuipinents which were destroyed by fire on the twent}'-
fifth day of December in the year nineteen hundred and
two, as authorized by chapter thirty-six of the resolves
of the present year, a sum not exceeding two hundred
and twentj^-five dollars.
For the Trustees of the Soldiers' Home in Massachu-
setts, as authorized by chapter thirty-seven of the re-
solves of the present year, the sum of thirty thousand
dollars.
For Charles F. Sargent, as authorized by chapter
thirty-eight of the resolves of the present year, the sum
of two hundred twenty- two dollars and fifty cents.
For the Louisiana purchase exposition, as authorized
by chapter forty-two of the resolves of the present year,
a sum not exceeding one hundred thousand dollars.
For the Massachusetts Charitable Eye and Ear In-
firmary, as authorized by chapter forty-three of the
resolves of the present year, the sum of thirty thousand
dollars.
For expenses of the dedication of the statue of major
general Joseph Hooker, as authorized by chapter forty-
four of the resolves of the present 3^ear, a sum not ex-
ceeding twenty-three thousand dollars.
For completing the improvements of the channel of
Bass river, as authorized by chapter fortj^-six of the
resolves of the present year, a sum not exceeding fifteen
thousand dollars.
For completing certain structures in the vicinity of
Stage harbor in the town of Chatham, for the protection
of said harbor, as authorized by chapter forty-seven of
the resolves of the present year, a sum not exceeding five
thousand dollars.
For the purchase of domestic animals for the Massachu-
setts reformatory, as authorized by chapter forty-eight
of the resolves of the present year, a sum not exceeding
five thousand dollars.
For additional shop room at the state prison, as au-
thorized by chapter forty-nine of the resolves of the
present year, a sum not exceeding three thousand dollars.
Acts, 1903. — Chap. 337. 297
For Albert B. Leighton, as authorized by chapter fifty- Albert b.
three of the resolves of the present year, the sum of three ^*^' °^'
hundred dollars.
For Napoleon Bird, as authorized b}" chapter fifty-four Napoleon Bird.
of the resolves of the present year, the sum of one hundred
and seventy-nine dollars.
For printing and binding the manual for the general Manual.
court, the sum of two hundred fifty-seven dollars and
eighteen cents, the same to be in addition to the amount
appropriated by chapter one of the acts of the present
year.
For current expenses of the Massachusetts nautical ^t^geiio^oT*^'^'
training school, a sum not exceeding five thousand dol-
lars, the same to be in addition to the fifty thousand
dollars authorized by chapter forty-two of the acts of
the present 3^ear.
For the examination of teachers in the public schools, Examination
, -,. r> 1 iiin of teachers in
a sum not exceeding live hundred dollars. public schools.
For heating, lighting, furnishing and caring for armo- care, etc., of
ries recently erected in certain cities in the Common- '''™^°"®''-
wealth for the use of the volunteer militia, a sum not
exceeding seven thousand dollars, the same to be in addi-
tion to the twenty-eight thousand dollars appropriated by
chapter eighty-five of the acts of the present year.
For preparino; suitable testimonials for the soldiers and Testimonials
1 T'l • ^ CI • 1-1 ^^^ soldiers
sailors who served in the war with opain, as authorized and sailors
by chapter sixtj^-eight of the resolves of the year nineteen war with
hundred and two, a sum not exceeding fifteen hundred ^'^^°'
dollars, the same to be in addition to any amount hereto-
fore appropriated for the same purpose.
For expenses of summoning witnesses before committees witnesses
and for fees of such" witnesses, a sum not exceeding three mlttees?*^"^'
hundred and fifty dollars, the same to be in addition to
the two hundred dollars appropriated by chapter one of
the acts of the present year.
For the salaries of the members of the board of regis- Board of reg-
tration in dentistry, a sum not exceeding two hundred dentistry!'^
and twenty-five dollars, as authorized by chapter two
hundred and twenty-eight of the acts of the present year,
the same to be in addition to the amount appropriated for
the same purpose by chapter fifty-six of the acts of the
present year.
For the salaries and expenses of the board of registra- Board of regis-
tion in veterinary medicine, as authorized by chapter two veterinary
medicine.
298 Acts, 1903. — Chaps. 338, 339, 340.
hundred and forty-nine of the acts of the present year, a
sum not exceeding five hundred and fifty dollars.
Section 2. This act shall take effect upon its passage.
Approved May 9, 1903.
ChUV.SSS -^ ^^'^ ^^ AUTHORIZE THE CITY OF, BOSTON TO PAY A CERTAIN
SUM OF MONEY TO MARY A. HOSEA.
Be it enacted, etc., as folloios:
maypaya'*"'' SECTION 1. The city of Boston is hereby authorized
tTthewTdow^ *o P^y *^ Mary A. Hosea, widow of Samuel Hosea,
of Samuel Junior, latc an employee of the building department of
that city, a sum of money not exceeding one half of his
Proviso. annual salary : provided, that the sum hereby authorized
to be paid shall not exceed the amount to which the said
Hosea would have been entitled if he had lived and con-
tinued 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.
Ap)x>roved May 9, 1903.
ChaV 339 ^^ ^'^^ '^^ authorize the city of BOSTON TO PAY A CERTAIN
SUM OF MONEY TO ELLEN E. LYONS.
Be it enacted, etc., as follows :
£o^^o?o^l!?J^, Section 1. The city of Boston is hereby authorized
iii*iy p<iy H ouiii •/ ^
of money to to pay to Ellen E. Lyons, widow of Lawrence J. Lyons
Lawrence J. late an employee in the street department of that city, a
^"°^' sum of money not exceeding one half of his annual salary :
Proviso. provided, that the sum hereby authorized to be paid shall
not exceed the amount to which the said Lyons would
have been entitled had he 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 May 9, 1903.
CTiaV 340 ^^ ^^^ "^^ authorize the TOWN OF DOVER TO LAY OUT SPECIAL
TOWN WAYS FOR THE USE OF STREET RAILWAY COMPANIES.
Be it enacted, etc., as folloios:
Town of Dover SECTION 1. The towu of Dovcr may lay out special
may lay out f •^ i j j i
special town towu ways lor railways operated by any motive power
wivR for (*pr- •/A •/ •/ A.
tain railways, cxccpt steaiii. Such ways may cross highways and town
Acts, 1903. — Chap. 340. 299
ways, at grade or otherwise, and shall be laid out, altered
and discontinued in the manner provided by law in the
case of town ways, except that the selectmen shall ex-
ercise the powers conferred on the road commissioners,
if any such commissioners are chosen by the town, and
that there shall be no appeal to the county commissioners ;
and the rights and remedies of all persons interested shall
be the same, so far as they may be applicable, as those
provided in the case of town ways. There may be in-
cluded in such ways land necessary or convenient for
approaches, and for buildings or other structures used in
the operation of such railways.
Section 2. The selectmen of the town may grant i^^|^**°f °^
locations in such ways to street railway companies, sub-
ject to the terms, conditions and obligations authorized
by law in the case of grants of locations to street railway
companies in public streets, and may require any company
to which a location is granted to pay for the same such
amounts and in such manner as the railroad commissioners
shall approve, but no grant of location shall take eflfect
until approved by vote of the town. In granting any
location the selectmen may require of the compan}^ re-
ceiving the same, security to the town by bond or other-
wise, that the company will perform and observe the
terms and conditions imposed by such grant. Any street
railway company organized under general or special law
and having authority to operate a street railway in the
town may, if it obtains a location as above provided, con-
struct, maintain and operate its road over such special
town ways. The town shall be under no obligation to
perform any work of construction, but may do such work
as it deems expedient.
Section .3 . Such special town ways shall be used only use of special
for the purpose stated in the first section, except that restrictedfetc.
drains, pipes, tubes and conduits, for water, gas, electric
wires and other like objects, and poles for wires and cables,
may be laid, erected and maintained therein as in the pub-
lic streets. Town ways and highways may be laid out,
altered or located anew across any special town way at
grade or otherwise. The said town shall not be liable for
any defect in a special town Avay, nor obliged to keep
the same in repair.
Section 4. When any person is cut off by a special esubusfed^in^
town way from access to lands owned by such person the ^f^''^^^ ^'^^®®'
300
Acts, 1903. — Chap. 340.
Persons
aggrieved may
appeal to the
railroad com-
missioners,
etc.
Enforcement
of orders.
Dover Special
Town Way
Loan.
selectmen shall, after due notice to the parties in interest
and a hearing, establish a crossing, and shall make from
time to time all reasonable orders as to the construction,
maintenance and use thereof, and shall apportion the
expense of construction, and from time to time the expense
of maintenance, between the town and the street railway
companies using the way, as justice may require. Any
such crossing, if it has become unnecessary or incon-
venient, may be abolished by the selectmen after due
notice to the« parties in interest and a hearing; but no
crossing shall be abolished against the consent of a person
Avho would thereby be cut oif from access to his lands,
until another crossing- established in the manner herein
provided is substituted therefor. Any person aggrieved
by any action or failure, to act on the part of the select-
men in relation to any such crossing may appeal to the
railroad commissioners by petition filed within three
months after the action complained of, or within six months
after application is first made to the selectmen if they
have failed for two months to take final action thereon ;
and the railroad commissioners, after due notice to the
parties in interest and a hearing, shall make such order
as the selectmen might have made. The superior court
sitting in equity shall have jurisdiction to enforce any
order made by the selectmen or railroad commissioners
as above provided.
Section 5. For the purpose of paying and discharg-
ing all necessary expenses and liabilities incurred under
the provisions of this act the said town shall have author-
ity from time to time to issue bonds to such an amount,
not in excess of the debt limit of the town, as shall be
approved by the board of railroad commissioners, but
such approval shall not be given until after said board
has given a public hearing to all parties interested, in-
cluding citizens and taxpayers of the town, of which
hearing thirty days' public notice shall be given in the
manner and to the extent required in warning the citizens
of a town meeting in said town, and, after such hearing,
has certified that such issue of bonds is required by public
necessity and convenience and by the interests of the
town. Such bonds shall be signed by the treasurer and
countersigned by a majority of the selectmen, shall be
jjayable at periods not exceeding twenty years from the
dates of issue ; shall bear interest payable semi-annually
Acts, 1903. —Chap. 341. 301
at a rate not exceeding four per cent per annum ; shall
bear on their face tlie words, Dover Special Town Way
Loan. The town may sell such bonds at public or
private sale or pledge the same for money borrowed for
the purposes of this act : provided, that none of such Proviso.
bonds shall be sold for less than their par value. Said ^an."®°*°*
town instead of establishino; a sinkino^ fund shall at the
time of authorizing said loan provide for the payment
thereof in such annual proportionate payments as will
extinguish the same within the time prescribed in this
act ; and when a vote to that effect has been passed the
net amount required under the provisions of this and the
following section shall without further vote be assessed
by the assessors of said town in each year thereafter
until the debt incurred by said loan is extinguished.
Section 6 . Said town shall each year apply the net ^nd rece^te to
income and receipts derived from the said o-rants of loca- be applied to
„ . - . , "^ . 1 payment of
tions to the payment oi said interest, and the remainder, interest, etc.
if there be any, of such net income and receipts, it shall
apply, so far as may be necessary, towards the annual
proportionate payments required by the preceding sec-
tion, and the amount so applied or paid shall be deducted
from the sums which would otherwise be required to be
raised by taxation.
Section 7. Nothing shall be done under this act until acceptance by
it has been accepted at a town meeting called for the town, etc.
purpose. After the said town has accepted this act no
grant by the selectmen to a street railway company of a
location in any public street in the town shall take effect
until approved by vote of the town.
Section 8. Except as otherwise provided herein this when to take
act shall take effect upon its passage.
Ajiproved May 11, 1903.
An Act to pkovide por dredging the channel of bass river (JTtnr) 341
IN THE CITY OF BEVERLY, AND FOR WIDENING THE DRAW OP
BASS RIVER BRIDGE IN THAT CITY.
Be it enacted, etc., as folloivs :
Section 1. The board of harbor and land commis- channel of
sioners is hereby directed to dredge the channel of Bass the^city^of ^"^
river in the city of Beverly, from Isabelle's island, so- dredge(i,*^etcf
called, near Elliott street to the mouth of Bass river at
its junction with Danvers river, to a depth of eighteen
302
Acts, 1903.— Chap. 341.
Necessary
land or
materials may
be taken, etc.
Draw of Bass
river bridge to
be widened,
etc.
Payment of
expenses of
dredging, etc.
Payment of
expenses of
widening
draw, etc.
feet at mean high tide. Said channel shall be made as
straight as is practicable under existing conditions and
one hundred feet wide Avherever in the judgment of said
board such Avidth is practicable, and at the end nearest
Elliott street the channel may, in the discretion of said
board, be made of greater width.
SECTiOiSr 2. Said board may take, in the name and
behalf of the Commonwealth, any land or materials nec-
essary for the dredging and construction of said channel,
and the manner of such taking and of determining the
damages caused thereby, or by any of the doings of said
board under the provisions of this act, shall be the same
as is provided by sections seven and eight of chapter four
hundred and seven of the acts of the year eighteen hun-
dred and ninety-three, relative to the taking of land by
the metropolitan park commission ; and said board of
harbor and land commissioners shall, for the purposes of
this act, have all the powers conferred upon said park
commission by said sections. The damages, when finally
determined, shall be paid from the treasury of the Com-
monwealth to the person or persons entitled thereto.
Section 3. The county commissioners of the covmty
of Essex are hereby authorized and directed to rebuild
and widen the draw of Bass river bridge in the city of
Beverly, making the same not less than forty feet wide.
No county commissioner shall be disqualified from acting
hereunder by reason of his residing in the city of Beverly.
Said commissioners are hereby authorized to borrow
money upon the credit of the county, if it is necessary,
for the purposes aforesaid.
Section 4. To pay the expenses of dredging afore-
said and to pay damages that may be awarded under sec-
tion two of this act, a sum not exceeding twenty-five
thousand dollars may be paid out of the treasury of the
Commonwealth upon the order of the board of harbor and
land commissioners.
Section 5. The city of Beverly shall upon demand
pay to the county commissioners of Essex county all ex-
penses incurred by them in rebuilding and widening said
draw as above provided. All expenses in excess of
twenty-five thousand dollars incurred by the board of har-
bor and land commissioners for the dredging and damages
aforesaid shall be paid by the city of Beverly upon requisi-
tion from the board of harbor and land commissioners as
Acts, 1903. — Chaps. 342, 343. 303
needed, and the determination of said board as to amounts
and times of payment shall be final. For the foregoing Beverly Dredg.
purposes the city of Beverly is hereby authorized to issue "f^iMsf^' '^^^
from tune to time bonds to be denominated, Beverly
Dredging Loan, Act of 1903, bearing interest payable
semi-annually at a rate not exceeding four per cent per
annum, and payable within such periods not exceeding
twenty years from their dates of issue as the city council
shall from time to time determine. Except as otherwise r. l. 27, etc.,
provided herein such bonds shall be issued in accordance ^° ^^^^^' ^**=-
with the provisions of chapter twenty-seven of the Revised
Laws and acts in amendment thereof and in addition
thereto, but they shall not be reckoned in determining the
legal limit of indebtedness of the said city.
Section 6. This act shall take. eflect upon its passage.
Apjyroved May 12, 1903.
ChapM2
An Act relative to the constructiok at dedham of a
building for the registries of deeds and of probate
and for the probate court for the county of norfolk.
Be it enacted, etc. , as folloios :
Section 1. The amount of money authorized by chap- construction
ter two hundred and eighty-four of the acts of the year fb^iding'for
nineteen hundred and one to be expended for the con- oFdeels^'^etc!
structioii at Dedham of a building for the resristries of
deeds and of probate and for the probate court for the
county of Norfolk, and the amount authorized to be bor-
rowed for the said purpose, are hereby increased from
two hundred thousand dollars to two hundred and eighty
thousand dollars.
Section 2. This act shall take effect upon its passage.
Approved May 12, 1903.
"" Chap.Mi
An Act relative to the new jail building in the city of
FALL river.
Be it enacted, etc., as folloios :
Section 1. The county commissioners of Bristol Disposition of
county may make such disposition of the new jail build- in? in Fan
ing in the city of Fall River as the governor and council
ma}^ deem to be for the best interests of the county.
Section 2. This act shall take effect upon its passage.
Apirroved May 12, 1903.
304
Acts, 1903. — Chaps. 344, 345.
Chap.S4:4: -^^ -'^CT TO TKOVIDE FOR THE PAYMENT OF A BOUNTY FOR KILLING
A AVILU CAT, CANADA LYNX OR LOUPCERVIER.
Be it enacted, etc., as follows :
Sectiox 1. Whoever in any town kills a wild cat,
Bounty to be
iiiiid for the
killing of wild
cats, Canada
lynx, etc.
Canada lynx or loupcervier not being in captivity shall,
upon producing satisfactory evidence of such killing, be
entitled to receive from the treasurer of the town the sum
of five dollars ; and all sums so paid out shall be repaid
to the town treasurer by the treasurer of the county in
rroviso. which the town is situated : provided, that a sworn state-
ment thereof shall be transmitted by the town treasurer
to the county treasurer.
Section 2. This act shall take effect upon its passage.
Approved May 12, 1903.
Chap.34:ly
An Act to revise the charter of the city of medford.
Citv of
Meclford.
Management,
etc., of munic-
ipal affairs,
etc.
Municipal
election and
municipal
year.
Election of
mayor, alder,
men, etc.
Be it enacted, etc., as folloivs :
Section 1. The inhabitants of the city of Medford
shall continue to be a body politic and corporate under
the name of the City of Medford, and as such shall have,
exercise and enjoy all the rights, powers, privileges and
immunities, and shall be subject to all the duties and
obligations pertaining to and incumbent upon the said
city as a municipal corporation.
Section 2,. The government of the city and the gen-
eral management and control of all the fiscal, prudential
and municipal aftairs thereof shall be vested in a single
ofiicer, to be called the mayor, and in a legislative body,
to be called the board of aldermen, except however that
the general management and control of the public schools
of the city and of the buildings and other jH'operty
pertaining to such schools shall be vested in a school
committee. •
Section 3. The municipal election shall take place
annually on the second 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 fii'st Monday of the follow-
ing January.
Section 4. At the municipal election the qualified
voters shall in the several wards give in their votes by
Acts, 1903. — Chap. 345. 305
ballot for mayor and for members of the board of alder-
men and of the school committee, or for such of them as
are to be elected, and the person receiving the highest
number of votes for any office shall be deemed and de- '
clared to be elected to such office ; and whenever two or
more persons are to be elected to the' same office the
several persons, up to and including the number required
to be chosen, receiving the highest number of votes shall
be deemed and declared to be elected.
Section 5. If it shall appear that there is no choice vacancvin
of mayor, or if the person elected to that office shall or boa°rd'of ^°^
refuse to accept or shall die before qualifying, or if a va- ^^^ermen.
cancy in the office shall occur more than four months pre-
vious to the expiration of the term of service of a mayor,
the board of aldermen shall forthwith cause warrants, or
orders, to be issued for a new election, and the same pro-
ceedings shall be had in all respects as are hereinbefore
provided for the election of mayor ; and such proceedings
shall be repeated until the election of a mayor is com-
pleted. If the full number of members of the board of
aldermen then required to be chosen shall not be elected
at the annual municipal election, or if a vacancy in the
office of a member thereof shall occur more than four
months previous to the expiration of his term of office,
the board of aldermen shall forthwith cause a new election
to be held as aforesaid to fill the vacancy. In case a
vacancy in the office of mayor or of a member of the board
of aldermen shall occur within the four months previous
to the expiration of his term of office, the board of alder-
men may, in its discretion, order a new election to be held
as aforesaid to fill the vacancy.
Section 6. When no convenient wardroom for hold- Meetings of
qualiflea
ino; the meetings of the qualified voters of a ward can be voters may be
o o 1 ^ nelu in aclitV-
had within the territorial limits of such ward the board cent ward.
of aldermen may, in the warrant or order for calling a
meeting- of the qualified voters of such ward, appoint and
direct that the meeting be held in some convenient place
within the limits of an adjacent ward of the city ; and for
such purpose the place so assigned shall be deemed to be
a part of the ward for which the meeting or election is
held.
Section 7. General meetings of the inhabitants of ,^|"^of -nhabi.
the city may from time to time be held, according to tants.
the right secured to the people by the constitution of the
306
Acts, 1903. — Chap. 345.
Aldermen,
election, term,
etc.
Oath of office
of mayor and
aldennen.
Organization
of board of
aldennen, etc.
CommonAvealth ; and such meetings may, and upon the
request in writing of fifty qualified voters setting forth
the purposes thereof shall, be called by the board of
aldermen .
Section 8. The board of aldermen shall be composed
of twenty-one members, three from each ward, to be
elected as follows : — Seven aldermen at large, one being
selected from each Avard, shall annually be elected by the
qualified voters of the city at large, voting in their respec-
tive Avards, and two aldermen shall at the same time be
elected by and from the qualified voters of each ward.
The members of the board of aldermen shall hold office
for the municipal year next following their election, or,
if elected after the first Monday in January, for the re-
mainder of the municipal year and until a majority of the
new board shall be elected and qualified in their stead.
Section 9. The mayor elect and the members elect
of the board of aldermen shall, on the first Monday in the
January succeeding their election, at eight o'clock in the
evening, assemble and be sworn to the faithful discharge
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 board of aldermen
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 elected
subsequently, the oath of office may at any time thereafter
be administered to him in the presence of the board of
aldermen ; and at any time after the first Monday in
January the oath of office may be administered in the
presence of the board of aldermen to a member thereof
who was absent on the first Monda}^ in January or who
shall be elected subsequently. A certificate that such
oath has been taken by the mayor and the members of
the board of aldermen shall be entered in the journal of
the board of aldermen.
Section 10. Immediately after the oaths of office
have been administered the board of aldermen shall meet
and organize by the election, according to law, of a
president, and no other business shall be in order until a
president has been chosen. The eldest senior member
present shall preside until a president has been chosen.
The board of aldermen shall elect, according to law, a
Acts, 1903. — CHAr. 345. 307
city clerk, who shall hold office for the term of his elec- city cierk,
tion and until his successor is elected and qualified. The duties"etc.
city clerk shall also be the clerk of the board of alder-
men ; but in case of delay in the election of a city clerk,
or in case of a vacancy in the office, the board of alder-
men may elect a temporary clerk who shall act as clerk of
the board until a city clerk is chosen and qualified. The
city clerk shall be sworn to the faithful discharge of his
duties by the president of the board of aldermen or by a
justice of the peace. The clerk shall attend the sessions
of the board of aldermen, and shall keep a record of its
proceedings and perform such further service as the board
of aldermen may require. In case of the temporary
absence or disability of the city clerk the board of alder-
men may appoint a city clerk pro tempore, who shall be
duly sworn. In case of a vacancy in the office the same
shall be filled by the board of aldermen. The board of citymessen.
aldermen may likewise by ordinance provide for the elec-
tion of a city messenger.
Section 11. The board of aldermen shall be the judge Board of
of the election and qualifications of its members, shall be']iKige"of*
determine the rules of its proceedings, and may app*bint etc^lfnts"'
such assistant clerks and other officers as may be necessary niembers, etc.
for the proper conduct of its business.
Section 12. The mayor may, and the city clerk at special meet-
the written request of seven members thereof shall, call of aldermen.
a special meeting of the board of aldermen by causing a
written notice of such meeting, containing a statement
of the subjects to be considered thereat, to be left at the
usual place of residence of each member at least twenty-
four hours previous to the time appointed for the meet-
ing, and no other business shall be transacted at such
special meeting.
Section 13. In the board of aldermen a majority of Quorum,
the whole number of members provided to be elected
shall constitute a quorum for the transaction of business,
but a smaller number may adjourn from time to time.
Section 14. The board of aldermen shall by ordinance salary of
determine the salary of the mayor, and may in like manner ^^y°^-
change such salary from time to time, but no ordinance
changing the salary shall take effect until the expiration
of the current term of the mayor then in office.
Section 15. All votes of the board of aldermen mak- Appropria.
ing appropriations or loans of money shall be in itemized loanl^"*^
308
Acts, 1903.- Chap. 345.
Ordinances,
etc., may be
passed at one
session unless
objection is
made, etc.
Private sit-
tings of board
of aldermen.
Mem})ers of
board of
aldermen not
to hold other
city office, etc.
Not to talje
l)art in tlie
employment
of labor, etc.
Board of
aldermen may
malie ordi-
nances, affix
penalties, etc.
form, and when brought before the board of aldermen on
recommendation of the mayor no item of the appropria-
tion or loan in excess of the amount recommended by the
mayor shall be passed except by the affirmative votes of
two thirds of the members present and voting thereon.
Section 16. Any ordinance, order or resolution of
the board of aldermen may be passed through all its stages
of legislation at one session by unanimous consent of the
members of the board present. Should one member or
more object action on the measure shall be postponed for
at least one week ; and if when it is next considered five
or more members object to its passage a second postpone-
ment for at least one week shall take place.
Section 17. The board of aldermen may, by special
vote, hold private sittings for the consideration of candi-
dates for election, for the consideration of nominations
by the mayor, and for executive business, but all other
sittings shall be public and all votes on election of oiBcers
and on confirmation of appointments shall be ta,ken in
public.
Section 18. No member of the board of aldermen
shall dm-ing the term for which he is elected hold by ap-
pointment or by election of the board of aldermen au}^
other oflice or position the salary or compensation for
which is payable from the city treasury, nor shall he act
as counsel or attorney before the board of aldermen or
any committee thereof.
Section 19. Neither the board of aldermen nor any
committee or member thereof shall directly or indirectly
take part in the employment of labor," the expenditure of
public money, the making of contracts, the purchase of
materials or supplies, the construction, alteration or repair
of any public works or other property, or in the care,
custody or management of the same, or, in general, in the
conduct of the executive or administrative business of the
city, except as herein required in providing for the ap-
pointment and removal of subordinate ofiicers and assist-
ants, and as may be necessary for defraying the contingent
and incidental expenses of the board of aldermen.
Section 20. The board of aldermen shall have power
within said city to make and establish ordinances and to
affix thereto penalties for the violation thereof, as herein
or by general law provided, without the sanction of any
court or of any justice thereof. All ordinances so made
Acts, 1903. — Chap. 345. . 309
and established shall forthwith be published in one or more
newspapers, to be designated by the mayor, and they shall,
unless they contain an express provision for a later date,
take eifect at the time of their approval by the mayor, or
if a penalty for their violation is provided, at the expira-
tion of tliirty days from the day of such approval.
Section 21. The board of aldermen shall, subiect Laying out,
etc. or streets
always to the approval of the mayor, have exclusive au- highways, etc'
thority and power to order the laying out, locating anew
and discontinuing of, and the making of specific repairs
in, all streets and ways and all highways within the limits
of the city ; to assess the damages sustained thereby by
any person, and, except as otherwise provided herein, to
act in matters relating to such laying out, locating anew,
altering, discontinuing or repairing. Any person ag-
grieved by the action of the board of aldermen hereunder
shall have all the rights and privileges now by law in
similar cases allowed in appeals from decisions of select-
men.
Section 22. Except as otherwise provided herein the Powers and
board of aldermen shall in general have and exercise the boarciol
legislative powers of towns and of the inhabitants thereof, "'^'ennen.
and shall have all the powers and authority given to city
councils and boards of aldermen under the general laws
of the Commonwealth, and shall be subject to the duties
imposed on city councils and boards of aldermen ; and
shall have and exercise all the powers, other than ex-
ecutive, given to selectmen of towns, and to the select-
men of the town of Medford, or to the city council of the
city of Medford, under any special laws heretofore passed
with reference to said town or city of Medford not incon-
sistent herewith.
Section 23. The mayor shall be elected from the Mayor, eiec
qualified voters of the city, and shall hold ofBce for the ^t^"' *"™'
two municipal years next succeeding his election and
until his successor is elected and qualified, except that
when elected to fill a vacancy he shall hold office only for
the unexpired term and until his successor is elected and
qualified : provided^ that the person holding the office of Proviso,
mayor at the time of the adoption of this charter shall
continue to hold such office for the remainder of the term
for which he was elected.
Section 24. The mayor shall be the chief executive powers and
officer of the city, and the executive powers of the city niayor°*
310
Acts, 1908. — Chap. 345.
Mayor to
recommend
certain meas-
ures, cause
laws to be
euf creed, etc.
Who shall Oct
in case of
vacancy in
office of mayor.
Certain officers
to be appointed
by mayor, etc.
Removals.
Record of
official acts of
mayor to be
kept, etc.
shall be vested in him and shall be exercised by him,
either personally or through the seveml officers and
boards in their respective departments under his general
supervision and control.
Section 25. The ma3"or shall conmiunicate to the
board of aldermen such information and shall recommend
such measures as in his judgment the interests of the cit}^
shall require ; shall cause the laws, ordinances and orders
for the government of the city to be enforced, and shall
secure an honest, efficient and economical conduct of the
executive and administrative business of the cit}^, and the
harmonious and concerted action of the different admin-
istrative and executive departments.
Section 2(3. In case of a vacancy in the office of
mayor, or in case of his death, resignation or absence
from the Commonwealth, or of his inability from other
cause to perform the duties of his office, the president of
the board of aldermen shall, under the style of acting
mayor, exercise the powers and perform the duties of
mayor, as by law provided in such cases, except that he
shall not, unless such disability of the mayor has con-
tinued at least ten days, or unless the office of mayor has
become vacant, have power to approve or disapprove any
ordinance, order, resolution or vote of the board of alder-
men ; and he shall not have power to make appointments
unless the office of mayor has become vacant.
Section 27. The mayor shall appoint, subject to the
confirmation or rejection of the board of aldermen, all
the officers of the city, unless their election or appoint-
ment is herein or by statute law otherwise provided for.
No such appointment made by the mayor shall be acted
upon by the board of aldermen until the expiration of
one week from the time when the appointment is trans-
mitted to the board. Any officer, except assessors, so
appointed may be removed by the mayor for such cause
as he shall deem sufficient and shall assign in his order of
removal, and the removal shall take effect upon the filing
of the order therefor in the office of the city clerk and
the service of a copy of such order ui)on the officer re-
moved, either pei-sonally or at his last or usual place of
residence. The city clerk shall keep such order on file
and subject to public inspection.
Section 28. The maj'or shall cause to be kept a
record of all his official acts, and for that purpose and to
Acts, 1908. — Chap. 345. 311
aid him in his official duties he may, without the con-
firmation of the board of aldermen, appoint one or more
clerks, whose compensation shall be fixed by the board
of aldermen.
Section 29. The mayor shall cause to be made to him Estimateeof
in the month of Januarj^ of each j^ear by the heads of ®^®^^^^-
departments, and by all other officers and boards having
authority to expend money, detailed estimates of the
amounts deemed by them to be necessar}^ for their respec-
tive departments for the financial year, which shall begin
on the first Monday of January ; and he shall, not later
than the tenth day of February, transmit such estimates
to the board of aldermen, recommending such appropria-
tions for each department or purpose as he shall deem
necessary therefor.
SectiojST 30. No sum appropriated for a specific pur- Appiopria.
pose shall be expended for any other purpose. No ex- expenditures.
penditure shall be made and no liability incurred by or
in behalf of the city until the board of aldermen has duly
voted an appropriation sufficient to meet such expenditm'e
or liabilit}^, together with all prior unpaid liabilities which
are payable therefrom, unless by authority of said board
first obtained, except that, after the expiration of the
financial year and before the making of the regular annual
appropriations, liabilities payable out of a regular appro-
priation may be incurred to an amount not exceeding one
sixth of the total of the appropriation made for similar
purposes in the preceding year.
Section 31. The mayor shall annually require all n^eSg^oV*^*'^'
boards and officers intrusted with the receipt and expendi- receipts and
1 ^ ,' expenditures,
tm'e 01 public money and with the care and custody oi etc., to be
public property to make particular and detailed statements ushed. ^"
thereof, and shall cause such statements to be published
for the information of the citizens.
Section 32. There shall be the following administra- Administra-
tive officers, who shall perform the duties by law prescribed
for them respectively, and such further duties not in-
consistent with the nature of their respective offices .
and with general laws as the board of aldermen may
prescribe : —
First. A city treasurer.
^ Second. A city collector.
Third. A city auditor.
Fourth. A city solicitor.
ai2
Acts, 1903. — Chap. 345.
tivtomeert Fifth. A city engineer.
Sixth. A city physician.
Seventh. A board of assessors, consisting of three
persons.
Eighth. A board of overseers of the poor, consisting
of tliree persons.
Ninth. A board of health, consisting of four persons.
Tenth. A street commissioner, Avho sliall have the
poAvers of a surveyor of highwaj-s.
Eleventh. A board of water and sewer commissioners,
consisting of three persons.
Twelfth. A board of trustees of cemeteries, consisting
of tlu'ce persons, which shall succeed to and have all the
powers, duties and liabilities of the trustees of Oak Grove
Cemetery ; but no existing contracts, liabilities or suits
shall be afiected thereby.
Thirteenth. A board of trustees of the public library,
consisting of three persons, which shall have the manage-
ment and control of the public library of the city and the
expenditure of all moneys which may be appropriated for
said library, and of all moneys which ma}' come into the
possession of said city for the benefit of said library, and
may employ such assistants as it shall deem necessarj^,
and establish their compensation.
Section 33. The board of aldermen may from time
officers may be to time, subicct to the provisions of this act and in accord-
established, • i i i •/» i • • i
ance with general laws, it they exist in any particular
case, provide by ordinance for the establishment of addi-
tional boards and officers for the construction and care of
the various public works and buildings, for the direction
and custody of public parks, for the management and
control of a public hospital, and for other municipal pur-
poses ; may determine the number and duties of the in-
cumbents of such boards and offices, and for such purposes
may delegate to such boards and offices the administrative
powers given by general laws to city councils and boards
of aldermen . The board of aldermen may likewise from
time to time consolidate boards and offices, and may
separate and divide the powers and duties of such as are
or may be established, may increase the number of persons
constituting any of the boards above specified, and when
such increase has been made may subsequently diminish
the number, may increase or diminish the number of
persons who shall perform the duties of an office or board
Additional
boards and
etc.
Acts, 1903. — Chap. 545. 313
hereafter established as above provided, and may abolish
an office or board so hereafter established.
Section 34. It shall be the duty of the mayor to certain officers
appoint all the officers above specified, and, unless otlier- by mayor^etc.
wise provided, all those for whom provision shall here-
after be made as above, on or before the first Monday in
February in the municipal year, and their terms of office
shall begin on the first Monday in March and shall con-
tinue for one year or for such other period as the board
of aldermen shall by ordinance in any case provide, ex-
cept that the terms of office of all the officers so specified
who shall first be appointed hereunder shall begin respec-
tively upon their appointment and qualification. Every
administrative officer shall, unless sooner removed, hold
office until his successor is appointed and qualified.
Section 35. The mayor shall on or before the first Trustees of
^ r T • -r-< '1 /• 1 • cemeteries,
Monday in February alter the acceptance of this act trustees of
appoint the board of trustees of cemeteries, and the board water and
of trustees of the public library, and the board of water If^ners^ap""^
and sewer commissioners, and shall appoint one member t«ms™etc*.'
of each for three years, one of each for two years and
one of each for one year ; and thereafter the mayor shall
annually appoint one member of each board, who shall
hold office for the term of three years next ensuing and
until another shall be ai)pointed and confirmed in his
stead.
Section 36. All administrative officers shall be sworn Acimmistra-
to the faithful discharge of their respective duties, and beswomTetc?
certificates of their oaths shall be made and kept in the
office of the city clerk ; and all such boards and other
officers shall keep a record of their official transactions,
and such record shall be open to public inspection.
Section 37. The board of aldermen shall require the cert;iin onuers
city treasurer, the city collector, the city auditor and etc®^^° ^°""''
such other officers as are intrusted with the receipt, care
or disbursement of money, to give bonds, with such secu-
rity as it shall deem proper, for the faithful discharge of
their respective duties.
Section 38. The administrative boards and officers Appointment,
specified in section thirty-two, and every administrative ot'subordina'te
board and officer hereafter established by the board of etef^''^' ''^^'^^^'
aldermen and having the charge of a department shall
have the power, except as otherwise provided herein, to
appoint and employ and to discharge and remove all
314
Acts, 1903. — Ciiai-. 345.
Employment
of labor, mak-
ing of con-
tracts, etc.
subordinate officers, clerks and assistants in their respec-
tive departments ; and they shall keep a record, subject
to public inspection, of all persons so appointed and em-
ployed and of all discharged and removed, and in case
of discharge and removal, of the grounds therefor.
Section 39. The several administrative boards and
officers having charge of departments shall, within their
respective departments, employ all labor, make and ex-
ecute all necessary contracts, purchase all materials and
supplies, have charge of the construction, alteration and
repair of all public buildings and works, have the entire
care, custody and management of all public works, in-
stitutions, buildings and other property, and shall in
general have the immediate direction and control of all
executive and administrative business ; and they shall at
all times be accountable for the proper discharge of their
duties to the mayor as the chief executive officer of the
city. All contracts made in behalf of the city in which
the amount involved exceeds three hundred dollars shall,
in order to be valid, require the signature of the mayor,
and except as otherwise provided herein or by law re-
quired no expenditure shall be made or liability incurred
for any purpose beyond the appropriations previously
made therefor.
Section 40. The board of aldermen may establish a
police department, and may provide for the appointment
of a chief of police and of other members of the police
force by the mayor, or for the appointment of other mem-
bers of the force by a chief of police to be appointed by
the mayor.
Section 41. The board of aldermen may establish a
fire department, and may provide for the appointment of
a chief engineer and of other members of the department
by the mayor, or for the appointment of other members
of the department by a chief engineer to be appointed by
the mayor.
Officers to give SECTION 42. Evcrv administrative board, through its
certain lufor- , /v>i. i>ij.
mationupon chairman, and every officer having charge oi a depart-
ment, shall, at the recjuest of the board of aldermen,
appear before it and give such information as it may re-
quire in relation to any matter, act or thing connected
with the discharge of the duties of such board or office ;
and when requested to appear the officer who appears
Police depart
ment.
Fire depart
ment.
request.
Acts, 1903. — Chap. 345. • 315
shall have the right to speak upon all matters under con-
sideration relating to his department.
Section 43. The board of aldermen shall establish by salary or com-
ordinance the salary or compensation of every adminis- offlcera"'^ ''^
trative officer, but after the first municipal year no ordi-
nance changing an}^ such salary or compensation shall
take effect until the municipal year succeeding that in
which the ordinance is passed.
Section 44. The management and control of the school commit-
schools of the city shall be vested in a school commit- terafsl^etc?"'
tee, consisting of the mayor as member ex officio, three
members at large and seven members from wards, one
from each ward ; all of whom shall be inhabitants of the
city. At the annual municipal election next succeeding
the acceptance of this act there shall be elected b}^ the
voters of the whole city one member at large of the
school committee to serve for the term of three years,
one to serve for the term of two years and one to serve
for the term of one year, beginning with the first Mon-
day of January next ensuing ; and at each annual nmnic-
ipal election thereafter one such member shall be elected
to serve for the term of three years. At the first municipal
election held under this revised charter seven members
of the school committee, one being an inhabitant of each
ward, shall be elected by the qualified voters of the whole
city. Three such members shall serve for the term of
three years, two for terms of two years and two for terms
of one year, beginning with the first Monday in January
next ensuing ; and their respective terms shall be assigned
to them by the mayor immediately after their election.
Thereafter at each annual municipal election the qualified
voters of the whole city shall elect members of the school
committee from wards, as many in number as members
from wards whose terms then expire, and inhabitants of
the same wards from which the members whose terms of
office then expire were elected, to serve for terms of three
years as aforesaid.
Section 45. In case of a vacancy in the office of a vacancy m
member of the school committee the mayor shall call a joint mit°e°e.*''''"'
convention of the board of aldermen and of the school
committee, at which the president of the board of alder-
men shall preside, and such vacancy shall, by vote of a
majority of all the members of the two bodies, be filled
316
Acts, 1903.— Chap. 315.
Organization,
to netcrniiue
rules for ita
proceedings,
etc.
Quorum.
May elect a
superintend-
ent of scliools,
appoint sub-
ordinate
officers, etc.
To purcliase
lands for
school pur-
poses, di'ter-
niine plans of
school huild-
ings, etc.
Estimates of
expenses.
No liability to
be incurred,
etc., bcyona
specific appro-
priation,
except, etc.
by the election of a member at large or of a member from
a certain ward, according as the vacancy exists, to serve
until the end of the municipal year in which the warrant
or order for the next annual municipal election shall be
issued ; and at such election the further vacanc}', if any,
shall be tilled for the remainder of the unexpired term iii
the manner in which the member whose office is vacant
was elected.
Section 46. The school committee shall meet on the
first Monday in January in each year and organize b}^ the
election by ballot of one of its members as chairman, and
by the election of a clerk. The committee shall be the
judge of the election and qualifications of its members
and shall determine the rules for its proceedings. A
majority of the whole number provided to be elected shall
constitute a quorum for the transaction of business, but a
smaller number may adjourn from time to time.
Section 47. The school committee may elect a super-
intendent of schools, and may appoint such other subor-
dinate officers and assistants as it may deem necessary for
the proper discliarge of its duties and the conduct of its
business ; shall define their terms of service and duties
and fix their compensation, and may remove and dis-
charge them at pleasure.
Section 48. The school committee, in addition to the
exercise of the powers and the discharge of the duties
imposed by law upon school committees, shall, subject
to the approval of the mayor and to the })rovisions of the
following three sections, have full power and authority
to select and purchase lands for school purposes, to deter-
mine the plans of all school buildings to be erected, to
order all additions, alterations and repairs to school
buildings, and to provide when necessary temporary ac-
commodations for school purposes.
Section 49. The school committee shall in the month
of Jaiuiary in each year submit to the maj'or an estimate
in detail of the amount deemed by it necessary to expend
for its purposes during the succeeding financial year, and
the mayor shall transmit the same, with the estimates of
the departments, to the board of aldermen, and shall rec-
ommend such appropriations as he shall deem necessary.
Section 50. Unless thereto required by law the school
committee shall cause lU) liability to be incurred and no
expenditure to be made for any purpose beyond the spe-
Acts, 1903. — Chap. 345, 317
cific aiDpropriation which may be made therefor by the
board of aldermen, except that after the expiration of the
financial year and before the making- of the reo-ular annual
appropriations, liabilities payable out of a regular appro-
priation may be incurred to an amount not exceeding one
sixth of the total of the appropriation made for similar
purposes in the preceding year.
Section .51. The remo\al of a member of the school Members not
committee from the ward for which he was elected to icason otre- '
another ward of the city shall not disqualify him from wani, etc."'
discharging the duties of his office for the remainder of .
the term for which he was elected.
Section 52. The general laws relating to the munici- certain pro-
pal indebtedness of cities, the general laws requiring the to apply, etc.
approval of the mayor to the doings of a city council or
of either branch thereof, and relative to the exercise of
the veto power by the mayor of a city, and the provi-
sions of chapter nineteen of the Revised Laws, and of all
acts in amendment thereof, shall have full force, applica-
tion and effect in said city.
Section 53. All persons holding office in said city at certain per-
o •/ sons to coti-
the time when this act takes effect and becomes of force tinuctohoid
therein, as herein provided, shall continue to hold such " ' • ^'
offices until the organization of the city government as
hereby authorized shall be effected and until their re-
spective successors shall be chosen and qualified.
Section 54. No suits, prosecutions or other leo^al certain legai
,., .-,,^. T '^ proceedings,
proceedings in which said city is a party, pending at the ete., not
time when this act takes effect in said city, and no rights '
then accrued, or penalties or forfeitures incurred under
any such proceedings, shall be affected or impaired by
this act ; and all bj^-laAvs and ordinances of the town and
city of Medford, not inconsistent with the terms of this
act, shall continue in force until repealed or superseded
by ordinance.
Section 55. Trust funds now or hereafter given to Trust funds.
or held by said city shall be received, held and adminis-
tered by the board of aldermen, unless otherwise pro-
vided in the acceptance of the trust, and trust funds now
or hereafter given to or held by other designated officials
of the city shall be received, held and administered by
such other officials.
Section 56. All general laws in force in the city of certain laws to
1 • • • •! 1 continue in
Medford when this act is accepted as herein provided, force.
318
Acts, 1903. — Chap. 345.
City to be
divided into
seven wards.
First munici-
pal election.
Question of
acceptance to
be submitted
to voters at
next annual
state election,
etc.
taking: effect of this act as
and all special laws heretofore passed with reference to
the town or city of Medford, which shall have been duly
accepted by said town or city, and which shall then be in
force, shall, until altered, amended or repealed, continue
in force in the city of Medford.
Section 57. Upon the
herein provided the territory of the city shall be divided
into seven Avards, by a joint convention of the board of
aldermen and the common council, to be called by the
mayor, at which he shall preside as chairman and have
the right to vote ; the division shall be made so that the
wards shall contain, as nearly as nvdy be consistent with
well defined limits to each, equal numbers of voters, and
they shall designate the wards by numbers. The board
of aldermen shall for the purpose of the first municipal
election to be held hereunder, which shall take place on
the second Tuesday in the December next succeeding
such taking effect, provide suitable polling places in the
seven wards, and shall give notice thereof. The mayor
shall, at least thirty days previous to such second Tues-
day in December, appoint all proper election officers for
such election. The registrars of voters shall cause to
be prepared and published, according to law, lists of the
qualified voters in each of the wards so established.
Section 58. The question of the acceptance of this
act shall be submitted to the legal voters of the city of
Medford at the annual state election in the present year.
The vote shall be taken by ballot in accordance with the
provisions of chapter eleven of the Revised LaAvs and of
acts in amendment thereof and in addition thereto, so far
as the same shall be applicable, in answer to the ques-
tion : — Shall an act passed by the general court in the
year nineteen hundred and three, entitled " An Act to
revise the charter of the city of Medford", be accepted?
and the affirmative votes of a majorit}^ voting thereon
shall be required for its acceptance. If so accepted so
much thereof as relates to elections hereunder shall apply
to the annual municipal election which shall be held on
the Tuesda}^ 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 Januaiy 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
Acts, 1903. — Chap. 346. 319
hundred and four. If then accepted, so much thereof a,s
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 four, and this act shall take full
effect on the first Monday of January next ensuing.
Section 59. So much of this act as authorizes its when to take
submission to the legal voters of the city shall take effect ^*^^*^*"
upon its passage, Ijut it shall not take further effect unless
accepted as herein prescribed.
Approved May 15, 1903.
An Act to incorpokate the huntington and westfield river /-^j oAn
RAILWAY COMPANY. ^ '
Be it enacted, etc., as follows :
Section 1. William A. "Whittlesey, Alexander Ken- Huntington
nedy, Milton B. Warner, Leonard F. Hardy, Charles K. R°ve7RaUway
Brewster, Dwight I. Stanton, Darwin E. Lyman, Charles i^"™^'*"^. ^
H. Ball, John B. Laidley, Edward W. Blakeslee, Alvan
Barrus and Harry S. Packard, their associates and suc-
cessors, are hereby made a corporation for the conveyance
of passengers and propert}^, by the name of the Hunting-
ton and Westfield River Railway Compan}^ ; with all the
powers and privileges and subject to all the liabilities set
forth in all general laws now or hereafter iu force relating
to street railway companies, and with such other powers
and privileges as are herein granted, and except as other-
wise provided herein.
Section 2. Said company may locate, construct. May construct,
maintain and operate its railwa}" with a single or double in certain ^
track, in the manner provided by law, upon highways and
state highways, and in part upon private land, in the
towns of Huntington, Chester, Chesterfield, Worthington,
Cummington, Windsor, Savoy, Plainfield, Goshen, Ash-
field and Conway.
Section 3. Said company may operate its railway hy Motive power,
electricity, or by any other motive power which shall be *^*^"
approved by the board of railroad commissioners, and in
connection therewith may generate, manufacture, use
and transmit electricity, may erect and maintain poles,
trolley, feed and other wires, and other convenient de-
vices and appliances for conducting electricity in, over
and under any ways or bridges in any city or town
320
Acts, 1903. — Chap. 346.
May ;ic(iuire
certain real
estate, etc.
Proviso.
Capital stock.
May issue
mortgage
bonds, etc.
Certain towns
may hold
shares of stock
or bonds.
wherein it may be authorized by the board of aldermen
or selectmen, or other board exercising the authority of
aldermen or selectmen, to construct and operate its rail-
way, and upon and over any private land, with the con-
sent of the owners thereof, and may sell electricity to
or purchase electricity from any other street railway or
electric light company.
Section 4. Said company may acquire, by purchase
or lease, and may hold, all real estate and Avater powers
necessary or convenient for operating its power stations
by water power and for other uses incident to the proper
maintenance and operation of its railway, and for the pur-
pose of furnishing electricity as provided in the preced-
ing sections : provided, however, that if, within one year
from the first day of June in the year nineteen hundred
and three, the city of Springfield' is granted the right to
take the water of the east branch of the Westfield river
for water supply, then this act shall not authorize said
company to acquire any water rights in or upon, or to
construct a dam, power plant or other structure, with a
view to the use of the water upon or divert any water
from said east branch of the Westfield river at any point
below the elevation of four hundred and fifty-two feet
above mean sea level.
Section 5. The capital stock of said company shall
not exceed five hundred thousand dollars, but may be in-
creased from time to time, 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 the board of railroad commissioners as required
by law, issue from time to time by vote of a majoritj^ in
interest of its stockholders, coupon or registered bonds,
and may secure the same by a mortgage or mortgages of
the whole or parts of the franchise, railway and other
property of the company.
Section 7. Any town in which any part of said rail-
way shall be located by the selectmen thereof, in accord-
ance with law, may subscribe for, take and hold shares of
stock or bonds of said company to the amount and in the
manner prescribed by general laws in relation to railroads
and railroad corporations ; and for the purpose of this
section said company shall be deemed to be a railroad
corporation.
Acts, 1903. — Chap. 347. 321
Section 8. The authority herein granted shall cease Authority to
if ten miles of the proposed railway have not been built cemi^pro-^
and put in operation at the end of three 3'ears from the conipifed^with.
passage of this act, and it shall cease as to all toAvns men-
tioned in section two in wdiich the proposed railway has
not been built and put in operation at the end of five
years from the passage of this act.
Section 9. This act shall take effect upon its passage.
Approved May 15, 1903.
ChapM7
An Act to authorize the county commissioners of the
county of plymouth to take for the widening of web-
ster street in the town of rockland so much of the
webster street cemetery as may be necessary for that
PURPOSE.
Be it enacted., etc., asfolloios:
Section 1 . The county commissioners of the county Land of
of Plymouth are hereby authorized to take, in the manner ^meteryfn^^^*
in which land may be taken for the laying out or widen- betaken*\or''^
ing of highways, so much of the land of the "Webster Street polgg'^'''^ ^'"^'
cemetery in the town of Rockland as may be reasonably
necessary for the widening of the highway known as
Webster street in said town.
Section 2. The said commissioners may remove the Removal of
remains of the dead and the mommients erected to their ^taTetc?*
memory from that part of said cemetery which may be
taken under authority of this act for the widening of
Webster street, to some other part of said cemetery.
The commissioners shall fix a time for the removal of
said remains and monuments and shall publish notice
thereof once eacli week for three successive weeks in
some newspaper published in said town of Rockland, the
last publication to be at least seven days before the time
fixed for such removal.
Section 3. Upon a request in writing by any relative Removal of
or friend of a person whose remains are to be removed, said [0 oTher'ceme-
remains shall be interred, and the monument in memory *^"^^-
thereof shall be erected, in any other cemetery which may
be selected by such relative or friend, he or she first pay-
ing the cost of the removal and interment of the remains
and of the removal and erection of the monument.
Section 4. This act shall take effect upon its passage.
Apirroved May 15, 1903.
322 Acts, 1903. — Chaps. 348, 349, 350.
CAa?9.348 ^^ ■^^'^ '^^ AUTHORIZE THE COMMISSIONERS ON FISHERIES AND
GAME TO CALL OR ATTEND A CONVENTION OF COMMISSIONERS
OF LOBSTER-PRODUCING STATES AND OF THE BRITISH PROVINCES.
Be it enacted, etc., as foUoivs :
onfisherte^s^*^'^ SECTION 1. The coiiimissioners on fisheries and game
and game may are hereby authorized to call a convention of the fish and
call a conven- -^ . . /» i i i , t • i
tionofcom- gaiiic coniinissioners or the lobster-producing states and
lobster-produc- of the British provinces to meet at Boston during the
ngsaes, ec. y^^^, nineteen hundred and three, to determine on recom-
mendations for uniform laws and regulations for the better
preservation of the lobster, and for other like purposes.
If such a convention is called elsewhere than at Boston
the commissioners are authorized to attend the same, in-
stead of calling a convention as provided in section one.
maTbeexl" SECTION 2. The Said commissioners may expend a
pended. g^j^ ^^^^ exceeding two hundred dollars in carrying out
the purposes of this act.
Section 3. This act shall take effect upon its passage.
Approved May 15, 1903.
Ch(l7)'^4Q -^^ ^^'^ "^^ AUTHORIZE THE CITY OF BOSTON TO PAY A CERTAIN
SUM OF MONEY TO FRANCIS V. GRIGGS.
Be it enacted, etc., as follows :
city of Boston SECTION 1. The citv of Boston is hereby authorized
may pay a /-« i r^
Bura of money to pay to Fraucis V. Griggs, widow of Edward W. Griggs
Edward w. late an emplo3'ee in the sewer department of that city, a
"^^^' sum of money not exceeding one half of his annual salary :
Proviso. jwovided, that the sum hereby authorized to be paid shall
not exceed the amount to which he would have been en-
titled if he had lived and continued to serve as such em-
ployee until the first da}^ of February next succeeding
the date of his death.
Section 2. This act shall take elfect upon its passage.
Ajyproved May 15, 1903.
OllClT) 350 ^^ ^*^^ ^^ AUTHORIZE. THE HOLYOKE WATER POWER COMPANY
TO MANUFACTURE, SELL AND DISTRIBUTE ELECTRICITY FOR
POWER PURPOSES.
Be it enOjCted, etc., as folloios :
wk^CTiwr Section 1. The Holyoke Water Power Company,
Company may incorporated by chapter six of the acts of the year eighteen
manufacture i ./ i ./ o
Acts, 1903. — Chap. 350. 323
hundred and fifty-nine, is hereby authorized to manu- andseiieiec
/. 1 . . "^ ,. -ii • J.1 -J. X* tricity for
lacture electricity tor power purposes, within tbe city oi power pur-
Holy oke and the town of South Hadley, and to sell and ^°^*^^'
distribute the same in any of the cities and towns wdthin
the counties of Hampden or Hampshire, upon receiving
the approval of the mayor and aldermen of any such city
or of the selectmen of any such town : provided^ Jiowever, Proviso,
that it shall not sell or deliver electricity to any one pur-
chaser in a quantity less than one hundred horse power
at any time, nor until it has made with such purchaser a
written contract providing that such purchaser shall use
such electricity in his own business only, and upon his
own property, except that it may sell to any city or
toAvn within the counties of Hampden or Hampshire which
has established or may hereafter establish a municipal
lighting plant, and any such city or town may purchase
of said company electricity in any cjuantity and for any
purpose for which such city or town can legally use the
same.
Section 2. The supreme judicial court and the su- supreme judi-
perior court shall have jurisdiction in equity upon appli- superior courts
cation of the mayor of any city or the selectmen of any dictkHfi^iT'^'
town in which electricity shall be sold as aforesaid by the tkfn of pro?^**'
Holy oke Water Power Company to enjoin the said com- ^^^*^^a^(,j*f
pany from violating any provision of section one of this
act, or to enjoin a purchaser under such written contract
from violating the terms of said contract.
Section 3. Said Holyoke Water Power Company may company may-
erect and maintain necessary poles for the support of Itrin^g^wires,
wires and ma}^ string and maintain wires thereon, in, ^^^'
through or over any streets or highways, subject how-
ever to the provisions of sections one to five, inclusive,
of chapter one hundred and twenty-two, and of sections
twenty-six and twenty-seven of chapter one hundred and
twenty-one of the Revised Laws, and of all other general
laws now or hereafter applicable thereto. And said com-
pany may lay its wires or any part thereof underground,
upon obtaining the same permissions which are required
for overhead lines by the foregoing provisions of the Re-
vised Laws. Said company shall in all respects, except
as otherwise provided herein, be subject to all general
laws now or hereafter in force applicable to corporations
engaged in the manufacture or sale of electricity for
power, except street railway companies.
324
Acts, 19013. — CiiArs. 351, 352.
To iiiBtall
jilant an<l fur-
iiisli electricity
withiu three
years.
Right to sell
or distribute
electricity to
cease unless
certain pro-
visions are
complied with.
Section 4. Unless said company shall install a plant
and furnish electricity under the provisions of this act
\sithin three years after the passage of this act all rights
granted herein shall cease.
Section 5. The riglit to sell or distribute electricity
under the provisions of this act shall cease at the end of
ten years after the passage of this act, in every city or
town in which said company shall not have entered upon
the supply and sale of electricity for power in accordance
with the terms of section one hereof.
Section 6. This act shall take effect upon its passage.
Approved May 15, 1903.
QJiaV.35\ ^^ ^^^^ '^*^ AUTHORIZE THE CITY OF BOSTON TO PAY A SUM OF
MONEY TO ELUEN E. WELCH.
City of Boston
may pay a sum
of money to
mother of
William J.
Welch.
Proviso.
Be it enacted, etc., as folloios :
Section 1. The city of Boston is hereby authorized
to pay to Ellen E. Welch, mother of William J. Welch
who, while in the discharge of his duties as a member of
the fire department of the city of Boston, sustained in-
juries causing his death, a smn of money not exceeding
one half of his annual salary : provided, that the sum
hereby authorized to be paid shall not exceed the amount
to which the said Welch would have been entitled if he
had lived and continued to serve as such member of the
fire department 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 May 15, 1903.
Gh(lp.S5^ '^'^ ■^^'^ "^'^ AUTHORIZE THE CITY OF HOLYOKE TO INCUR INDEBTED-
NESS FOR COMPLETING THE HIGH SERVICE RESERVOIR.
Holyolie Reser-
voir Loiin, Act
of 1003.
R. L. 27, et«.,
to apply, etc.
Be it enacted, etc., as follows:
Section 1. The city of Holyoke, for the purpose of
completing its high seiwice reservoir, so-called, is hereby
authorized to issue from time to time notes, bonds or
scrip, to an amount not exceeding fifty thousand dollars,
to be denominated on the face thereof, Holyoke Reservoir
Loan, Act of 1903, and bearing interest at a rate not ex-
ceeding four per cent per annum, pa3^able semi-annuall3^
Section 2. Such notes, bonds or scrip shall be pay-
able in periods not exceeding ten years from their dates
Acts, 1903. — Chaps. 353, 354. 325
of issue, and, except as otherwise provided lierein, shall
l)e issued in accordance with the provisions of chapter
twenty-seven of the Revised Laws and of acts in amend-
ment thereof and in addition thereto ; and they shall not Not to be
1 • 1 • • 11 1 !••/•• 1 1 1 reckoned m
be reckoned in determinino- the leo-al hmit oi indebtedness fietemiining
^ . 1 ., ^ * debt limit.
01 said city.
Section 3. Said city shall provide at the time of con- sinking fund.
tractino; said loan for the establishino^ of a sinkino- fund,
and shall annually contribute thereto 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 4. This act shall take eflect upon its passage.
Approved May 15, 1903.
An Act relative to a bridge across chelsea creek between f^l^fjrn ^^^^
BOSTON AND CHELSEA. "'
Be it enacted, etc., as follows :
Section 1. The cities of Boston and Chelsea, or Bridge may be
either of them, subject to the provisions of chapter ninety- cheisea'creek
six of the Revised Laws, may build and maintain a high- lo^nlm"^"^'
way drawbridge across Chelsea creek, from or near Orient cheisea.
Heights in the city of Boston to a point at or near Web-
ster avenue in the city of Chelsea.
Section 2. The bridge shall be built and paid for by Payment of
one or both of said cities in such manner and upon such ''-''P*^'^^^-
terms and conditions as the said cities, each acting by its
board of aldermen with the approval of the mayor, shall
agree upon.
Section 3. Chapter one hundred and sixtj^-five of Repeal,
the acts of the 3'ear (Mghteen hundred and ninety -four is
hereby repealed.
Section 4. This act shall take eftect upon its passage.
Ap)proved May 15, 1903.
An Act relative to the expense of removing prisoners.
Be it enacted, etc., as follows :
Section 1. Section one hundred and eight of chapter r. l. 225, § los,
Chap.d54r
two hundred and twenty-five of the Revised Laws is
hereby amended by striking out the whole of said section
and inserting in place thereof the following : — Section
amended.
326 Acts, 1903. — Chap. 355.
fxpenseof* 108. The expense of removing prisoners from one jail
removing or liouse of corrcction to another sliall be paid by the
county from which tlie prisoner is removed. The ex-
pense of removing prisoners from jails and houses of cor-
rection to any of the state institutions, or from any of the
state institutions to a jail or house of correction, shall be
paid from the treasury of the Commonwealth after ap-
proval by the prison commissioners.
Section 2. This act shall take effect upon its passage.
Approved May 15, 1903.
ChClVJS55 '^^ ^^^ RELATIVE TO THE REMOVAL OP STATE PAUPERS TO THE
STATE HOSPITAL OR OTHER STATE INSTITUTIONS.
Be it enacted, etc., as foUoivs :
amended.^ ^^' SECTION 1. Section twciity-one of chapter eighty-one
of the Revised Laws is hereby amended by adding at the
end thereof the following : — If anj'^ such person refuses
to submit to removal the state board of charity, or any
of its officers or agents, may apply to the district, munic-
ipal or police com"t of the district where such person
resides, or to any trial justice, for an order directing that
such removal be made. Upon such application the court
or magistrate shall forthwith cause a summons to be served
upon the person so refusing, and, if he be a minor, upon
his parent or guardian, requiring the attendance of the
person so summoned at a time and place appointed therein
for hearing ; and at such time and place shall hear and
examine upon oath such person or persons, and shall hear
such other evidence as may be material. If upon hearing
it appears that the person sought to be removed is with-
out a legal settlement in this Commonwealth and is un-
able to support himself, and that his necessities or the
public interests reciuire his removal, the court or magis-
trate shall issue an order in writing, directed to a duly
constituted officer or agent of the state board of charity,
reciting that such person appears to be a state pauper,
and that his necessities or the public interests require his
removal, and commanding such officer or agent to remove
him to the state hospital or to any other state institution
designated by the state board of charity, and such officer
or agent shall thereupon make the removal as ordered.
After the removal is made such officer or agent shall file
such order, with his return thereon, witli the clerk of the
Acts, 1903. — Chap. 355. 327
court from which it was issued, or if issued by a trial
justice it shall be filed with hun. In every case where
removal is ordered a detailed statement of the expense
incurred by any city or town for tlie support of the per-
son so removed while application for his removal was
pending- before the court, shall be rendered, and after
approval by the state board shall be paid by the Com-
monwealth, — so as to read as follows: — Section 21. fiH!,^'!.^?^
' tow US ludy
A city or town may furnish aid to poor persons found furnish aid to
therein, having no lawful settlements within the Com- paupers, etc.
mon wealth, if the overseers of the poor consider it for the
public interest ; but, except in cases under the provisions
of section fourteen of chapter eighty-five, not for a greater
amount than two dollars a week for each family during
the months of May to September, inclusive, or three dol- -
lars a week during the other months ; and the overseers Removal to
shall in every case give immediate notice in writing to ^^^^'^ ^' ^*°'
the state board of charity, which shall examine the case
and if it dii'ects a discontinuance of such aid, shall remove
such persons to the state hospital or to any state or place
where they belong, if their necessities or the public inter-
est requu'es it, and the superintendent of said hospital
shall receive the persons removed thereto as if they were
sent there in accordance with the provisions of section
seven of chapter eighty-fi^'e. A detailed statement of ex-
penses so incurred shall be rendered, and after approval
by the state board, such expenses shall be paid by the
Commonwealth. If any such person refuses to submit to
removal the state board of charity, or any of its ofiicers
or agents, may apply to the district, municipal or police
court of the district where such person resides, or to any
trial justice, for an order directing that such removal be
made. Upon such application the court or magistrate
shall forthwith cause a summons to be served upon the
person so refusing, and, if he be a minor, upon his parent
or guardian, requiring the attendance of the person so
summoned at a time and place appointed therein for hear-
ing ; and at such time and place shall hear and examine
upon oath such person or persons, and shall hear such
other evidence as may be material. If upon hearing it
appears that the person sought to be removed is without
a leg-al settlement in this Commonwealth and is unable to
support himself, and that his necessities or the public in-
terests require his removal, the court or magistrate shall
328 Acts, 1903. — Cha7\ ^56.
issue an order in writing, directed to a duly constituted
officer or agent of tlie state board of charity, reciting that
such person appears to be a state pauper, and tliat his
necessities or the public interests require his removal,
and commanding such officer or agent to remove him to
the state hospital or to any other .state institution desig-
nated by the state board of cliarity, and such officer or
agent shall thereupon make the removal as ordered. After
the removal is made such officer or agent shall file such
order, with his return thereon, ^vith the clerk of the court
from Avhich it was issued, or if issued by a trial justice it
shall be filed with him. In every case where removal is
ordered a detailed statement of the expense incurred by
any city or town for the support of the person so removed
while application for his removal was pending before the
court, shall be rendered, and after approval by the state
board shall be paid by the Conmion wealth.
When to take Section 2. Tliis act sliall take efi'ect on the first day
of July in the year nineteen hundred and three.
Approved May 15, 1903.
Gliav 356 -^^ -^^'^ '^^ tuovide for expenses incurred in the construc-
tion BY the METROrOLITAN WATER AND SEWERAGE BOARD OF
THE HIGH-LEVEL GRAVITY SEWER FOR THE RELIEF OF THE
CHARLES AND NEPONSET RFV'ER VALLEYS.
Be it enacted, etc., as folloios :
Treasurer and SECTION 1 . The treasurer and receiver general of the
receiver gen- -, ■, . -, i t • i
era! to issue Commonwealth, in order to meet additional expenses in-
Sates of"^' curred under the provisions of chapter four hundred and
debt. etc. twcnty-four of the acts of the year eighteen hundred and
ninety-nine, shall, with the approval of the governor
and council, issue from time to time scrip or certificates
of debt in the name and behalf of the Commonwealth and
under its seal, to an amount not exceeding nine hundred
and ninety-six thousand dollars, in addition to the amount
authorized to be issued under the provisions of said chap-
ter ; and the provisions of said chapter and of acts in
amendment thereof and in addition thereto shall apply
to this additional loan.
Section 2. This act shall take effect upon its passage.
Approved May 15, 1903.
Acts, 1903. — Chaps. 357, 358, 359. 329
An Act to establish the office of chief clerk in the depakt- n]..,^^ QC-rr
MENT OF THE ATTORNEY-GENERAL.
Be it enacted, etc., as foUoios :
Section 1. The office of chief clerk in the depart- ^^"I'^if/,/^'"*'!
me nt of the attorney-general is hereby created. meutof
Section 2. Said clerk shall be exempt from civil ser- eral^tob^*'"'
vice examination and enrolment, and shall be appointed Ap^p^nt^ent
by the attorney-general, who shall, with the approval of etc.
the governor and council, fix his compensation.
Section 3. This act shall take effect upon its passage.
Aiyproved 3Iay 15, 1903.
An Act to direct the state board of health to investigate nj^rirn QfCG
THE DUMPING OF GARBAGE AND RUBBISH IN THE HARBORS AND "'
ALONG THE SEACOAST OF MASSACHUSETTS BAY, AND TO REPORT
AS TO THE SAME.
Be it enacted, etc., as follows :
Section 1. The state board of health is hereby Dumping of
directed to investigate the dumping of garbage and rub- fn harlorfand
bish in the harbors and along the seacoast of Massachu- ooils^s^m^i^u-^*
setts Bay, and to report its findings to the general court, fnvlstigated,^^
with such recommendations as it may deem expedient to ^^c.
provide for the inspection and regulation of such dimip-
ing, and to prevent the strewing of the shores with oflfen-
sive material, whereby a nuisance is created.
Section 2. To carry out the pm'poses of this act the certain sum
said board is hereby authorized to expend a sum not ex- ^en^el.^^"
ceedino; one thousand dollars.
Section 3. This act shall take efiect upon its passage.
Approved May 15, 1903.
An Act to increase the amount of money to be placed at ni.f^rn Qi^Q
THE disposal OF THE METROPOLITAN PARK COMMISSION FOR "'
BOULEVARD PURPOSES.
Be it enacted, etc., as follows:
Section 1. The metropolitan park commission, created The metropou.
by chapter four hundred and seven of the acts of the year mission may
eighteen hundred and ninety-three, for the purpose of addmona?
carrying out the provisions of that act and of chapter two ^"'""
hundred and eighty-eight of the acts of the year eighteen
330
Acts, 1903. — Chap. 360.
Treasurer and
receiver gen-
eral to issue
scrip or certif-
icates of In-
debtedness,
etc.
hundred and ninety-four and of all acts in amendment
thereof or in addition thereto may expend an additional
sum of one hundred and ten thousand dollars.
Sectiox 2. To meet the expenditures made under
authority of this act the treasurer and receiver general,
with the approval of the governor and council, shall issue
scrip or certificates of indebtedness, bearing interest at
a rate not exceeding four per cent per annum, to the said
amount of one hundred and ten thousand dollars, as an
addition to the Metropolitan Parks Loan, Series Two, at
such times and in such sums as the said commission shall
certify to him to be necessary to meet the liabilities in-
curred by said commission under the acts aforesaid, and
shall add to the existing sinking fund to provide for the
payment of the same. Such scrip or certificates of in-
debtedness shall be issued and additions to said sinking
fund shall be assessed and collected 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 effect upon its passage.
Approved May 15, 1903.
ChdV 360 -^^ ^^^ RELATIVE TO THE DEPOSIT IN THE TREASURY BELONGING
TO THE BOSTON, CAPE COD AND NEW YORK CANAL COMPANY.
Deposit in
treasury be-
longing to the
Boston, Cape
Cod and New
York Canal
Company may
be invested,
etc.
Be it enacted^ etc., as follows :
Section 1. The treasurer and receiver general is
hereby authorized, in his discretion, to invest the two
hundred thousand dollars in cash deposited by the Bos-
ton, Cape Cod and New York Canal Company in accord-
ance with section tAventy-three of chapter four hundred
and forty-eight of the acts of the year eighteen hundred
and ninety-nine, in Massachusetts bonds, bearing interest
at a rate not less than tliree per cent per annum, said bonds
to be registered in the name of the treasurer and receiver
general in trust for the Boston, Cape Cod and New York
Canal Company, and to be subject to all the provisions
of said chapter four hundred and forty-eight, and also to
the provisions of section six of chapter six of the Revised
Laws. The interest on said bonds shall be paid semi-
Acts, 1903. — Chap. 361. 331
annually to the Boston, Cape Cod and New York Canal
Company.
Section 2. This act shall take eflect upon its passage.
Approved May 18, 1903.
An Act relative to the sale of renovated butter. Chan 361
Be it enacted, etc., as folloivs:
Section forty-eight of chapter fifty-six of the Kevised ^mended^ *^*
Laws is hereby amended by striking out all after the
word "type", in the tw^entieth line, and inserting in
place thereof the Avords : — Whoever violates any provi-
sion of this section shall for a first ofi'ence be punished by
a fine of not less than twenty-five nor more than one hun-
dred dollars, for a second offence by a fine of not less than
one hundred nor more than three hundred dollars, and for
a subsequent offence b}' a fine of five hundred dollars or by
imprisonment for not less than sixty nor more than ninety
days, — so as to read as follows: — ^Section 48. Who- saieofreno-
ever, himself or by his agent, or as the servant or agent reguJated.lftc.
of another person, sells, exposes for sale or has in his
custod}'^ or possession with intent to sell, any article or
compound which is produced by taking original packing
stock or other butter, or both, melting the same, so that
the butter fat can be drawn oft\ mixing the said butter fat
with skimmed milk, or milk, or cream, or other milk prod-
uct, and re-churning the said mixture, or by any similar
process, and is commonly known as process butter, shall
have the words ^^ renovated butter''' conspicuously stamped,
labelled or marked, in a straight line in printed letters, not
less than one half inch in length, of plain, uncondensed
gothic type, so that said words cannot be easily defaced,
upon the top, side and bottom of every tub, firkin, box
or package containing said article or compound. The
seller at retail of said article or compound, which is not
in the original package, shall himself or by his agent,
attach to each package so sold and deliver therewith to
the purchaser a label or wrapper bearing in a conspicuous
place upon the outside of the package the words '■''reno-
vated butter " in printed letters not less than one half inch
in length, in a straight line of plain, uncondensed gothic
type. Whoever violates any provision of this section penaitj-.
shall for a first offence be punished by a fine of not less
than twenty-five nor more than one hundred dollars, for
332
Acts, 1903. — Chaps. 362, 363.
a second offence by a fine of not less than one hundred
nor more than three hundred dollars, and for a subsequent
offence by a fine of five hundred dollars or by imprison-
ment for not less than sixty nor more than ninety days.
Approved May IS, 1903.
veyed to the
town of
Framingham.
ChC(p.3(j2 ^^ -^CT TO AUTHORIZE THE CONVEYANCE TO THE TOWN OF FRAM-
INGHAM OF A CERTAIN PARCEL OF LAND BELONGING TO THE COM-
MONWEALTH.
Be it enacted, etc., as follows :
of^iand beufn'' SECTION 1. The govcmor and couucil are hereby au-
ingtothecom- tliorized to couvcy to the town of Framinofham the strip
may be con- of land OH Coucord Street in said town, extending the
length of the state camp ground, between the town high-
way and the fence bounding on said camp ground. The
said convej^ance shall be made upon the condition that
the said town will build and maintain a sidewalk not less
than ten feet wide, with a granite curbing, extending
throughout the said strip of land, and will remove all
telephone and telegraph poles now standing on said par-
cel of land to a suitable position in the line of said curb-
ing, and that the said work of constructing the sidewalk
and curbing and of removing the poles shall be done
subject to the approval of the adjutant general of the
Commonwealth .
Section 2. This act shall take effect upon its passage.
Approved May 18, 1903.
GllCtT) 363 "^^ ^^^ ^^ CHANGE THE HARBOR LINES ON THE AVESTERLY AND
EASTERLY SIDES OF FISH ISLAND IN NEW BEDFORD HARBOR.
Harl)or lines
at Fish island
in New Bed-
ford harbor
changed.
Line on west-
erly side of
Fish island
described.
Be it enacted, etc., as folloivs :
Section 1. The lines hereinafter described at Fish
island in Kew Bedford harbor shall be and the same are
hereby established as harbor lines beyond which no wharf
or pier shall be extended into or over the tide waters of
the Commonwealth.
Section 2. The line on the westerly side of Fish island
begins at the southwesterly corner of the abutment of the
New Bedford and Fairhaven bridge on the westerly side
of Fish island at the level of the bridge seat and runs
southeasterly at right angles to the line of said bridge
Acts, 1903. — Chap. 364 338
about one hundred two and five tenths feet to the present
harbor line established by chapter two hundred and sixty-
nine of the acts of the year eighteen hundred and forty-
eight, along the face of the stone wharf of William F. Nye.
Section 3. The line on the easterly side of Fish island ^^i^^^^e^'of"
begins at a point in the northerly side line of the New Bed- ^^ll?^^^'^^'^
ford and Fairhaven bridge, ten feet easterly from the face
of the abutment of said bridge on the easterly side of Fish
island at the level of the bridge seat and runs four hun-
dred thirty-three and six tenths feet northerly, substan-
tially parallel with the face of the present wharf, making
an angle of eighty-four degrees, twenty-three minutes,
with the line of said bridge ; thence northwesterly about
eleven and one tenth feet to the most westerly corner
of the wharf of John Duft*, a point in the present harbor
line established by chapter two hundred and sixty-nine
of the acts of the year eighteen hundred and forty-eight.
Section 4. The harbor- lines heretofore established [^^^^^^^p^g^y^^^^
upon any portion of the harbor frontage covered by the seded.
line established by this act are hereby superseded.
Section 5. This act shall take effect upon its passage.
ApiJroved May 18, 1903.
An Act to incorporate the sheeburne falls and ashfield C!Ji(X7j.3G4:
STREET RAILWAY COMPANY.
Be it enacted, etc., as foUoivs:
Section 1. Frank H. Oakman, Juan C. "Wood, George sheibume
D. Crittenden, Albert J. Amstein, Ernest J. Halligan, Md's^eet'^'''"
James D. Avery, John E. Urquhart, Joseph W. Thurber, ^fjfcon'o"
Charles W. Hawks, George W. Halligan, Wilfred E. rated.
Ball and Frederick W. Amstein, their associates and suc-
cessors, are hereby made a corporation under the name
of the Shelburne Falls and Ashfield Street Eailway Com-
pany ; 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, except as otherwise provided herein.
Section 2. Said company may locate, construct, ^J^^j^g^^^^f'
maintain and operate its railway with a single or double in certain
track, in the manner provided by law, upon the highways
and state highways, and in part upon private land, in the
towns of Ashfield, Buckland and Shelburne.
334
Acts, 1903. — Chap. 364.
Motive power,
etc.
May acquire
certain real
estate, etc.
Capital stock.
May issue
mortgage
bonds, etc.
Certain towns
may hold
shares of
stock or bonds.
Authority to
cease unless
certain pro-
Section 3. Said company may maintain and opei-ate
its railway by electricity or by any other motive power
which shall be approved by the board of railroad com-
missioners, and in connection therewith may generate,
manufacture, use and transmit electricity^ may erect and
maintain poles, trolley, feed and other wires, and other
convenient devices and appliances for conducting elec-
tricity in, over and under any public ways or bridges in
an}^ city or town where it may be authorized by the board
of aldermen or selectmen, or other board exercising the
authorit}^ of aldermen or selectmen, to construct and
operate its railway, and upon and over any private land,
with the consent of the ow^ners thereof, and may sell elec-
tricit}' to or purchase electricity from any other street
railway or electric light company.
Section 4. Said company may acquire, by purchase
or lease, and may hold, all real estate and water power
necessary or convenient for operating its power stations
by water power and for other uses incident to the proper
maintenance and operation of its railway, and for the pur-
pose of furnishing electricity as provided in the preceding
sections.
Section 5. The capital stock of said company shall
not exceed five hundred thousand dollars, but may be in-
creased from time to time, 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 the board of railroad commissioners, as required
by law, issue from time to time by vote of a majority in
interest of its stockholders, coupon or registered bonds,
and may secure the same by a mortgage or mortgages of
the whole or parts of its franchise, railway and other
property.
Section 7. Any town in which any part of said rail-
way shall be located by the selectmen thereof in accord-
ance with law may subscribe for, take and hold shares of
stock or bonds of said company to the amount and in the
manner prescribed by general laAvs in relation to railroads
and railroad corporations ; and for the purposes of this
section said company shall be deemed to be a railroad
corporation.
Section 8. The authority herein granted shall cease
if no part of the proposed i-ailway has been built and put
Acts, 1903. — Chap. 365. 335
in operation at the end of two years from the passage of comifiiedwith.
this act.
Section 9. This act shall take effect upon its passage.
Apjyroved May 18, 1903.
An Act to confer additional powers upon the members of n'kr,^ QAHj
THE FIRE marshal's DEPARTMENT OF THE DISTRICT POLICE.
Be it enacted, etc., as folloivs :
Section 1. Section two of chapter one hundred and 1902, 142 §2,
/.,, /,., ,, , .^ 11T1 amended.
lorty-two 01 the acts 01 the year nineteen hundred and two
is hereby amended by inserting after the word "year",
in the eighteenth line, the words : — The deputy chief,
said chief aid and said additional aids shall each have the
powers of district police officers and may be detailed for
service in the detective department b}'^ the chief of the
district police or by said deputy chief, — so as to read as
follows : — Section 2. A new department of the district Fire marehai-s
police is hereby created, with the powers and duties here- dfstrict police
tofore 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 officers, who shall
be appointed by the governor, each to hold office for the
term of three years from the date of his appointment : —
A deputy chief, who shall have all the powers and duties officers,
heretofore conferred and imposed upon the state fire powCTs*and*'
marshal, and shall have charge of the said department ""^^''s-
under the direction of the chief of the district police, at
a salary of twenty-four hundred dollars a year ; a chief
aid, who shall have all the powers and duties heretofore
conferred and imposed upon the deputy state fire mar-
shal, 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 deputy chief, said chief
aid and said additional aids shall each have tlie powers of
district police officers and may be detailed for service
in the detective department by the chief of the district
police or by said deputy chief. The chief of the district
police may appoint for service in said department a clerk
and a stenographer, each at a salary of twelve hundred
dollars a 3 ear. In the organization of the fire marshal's
department an}^ person now in the service of the state fire
marshal may be appointed or employed without civil
336
Acts, 1003. — Chap. 366.
Deputy chief
to make report.
Deputy chief
of detective
department,
appointment,
etc.
To act as chief
in case of dis-
ability, etc.,
of chief.
Additional
member of diS'
trict police to
be appointed.
service examination. The chief of the district police may
at his discretion exercise any of the powers and perform
any of the duties of the deputy chief, and may at any
time detail any of the members of the detective depart-
ment of the district police for service in the fire marshal's
department. The deputy chief shall submit the annual
report of his official action to the chief of the district
police, who shall transmit the same to the insurance com-
missioner.
Section 2. A deputy chief of the detective depart-
ment of the district police shall be appointed by the
governor from the members of the district police, who
shall be paid an annual salary of twenty-four hundred
dollars. The deputy chief of the fire marshal's depart-
ment serving at the time of the approval of this act shall
be preferred for such appointment, and if so appointed he
shall, without additional compensation, also perform the
duties of such deputy chief of the detective department.
Section 3. The deputy chief of the detective depart-
ment shall, in case of the absence or disability of the
chief, act as chief of the district police.
Section 4. One additional member of the district
police, to be assigned to the inspection department, shall
be appointed by the governor.
Section 5. This act shall take efiect upon its passage.
Ajyproved May 18^ 1903.
njia'D.SQQ ^^ -^^^ '^^ DIRECT THE BOARD OF HARBOR AND LAND COMMIS-
SIONERS TO DREDGE THE NORTHERLY SHORE OF QUINCY BETWEEN
WOLLASTON AND SQUANTUM.
Northerly
shore of
Quincy be-
tween AVollas-
ton and
Squantum to
be dredged.
Certain sum
may be
expended.
Be it enacted, etc., as folloios:
Section 1. The board of harbor and land commis-
sioners is hereby instructed to dredge off the northerly
shore of Quincy, between "Wollaston and Squantum,
within and without the harbor lines, in its discretion, to
a depth not exceeding three feet at mean low water and
to a width not exceeding forty feet.
Section 2. The board is hereby authorized to expend
for the above purpose a sum not exceeding seven thousand
five hundred dollars.
Section 3. This act shall take effect upon its passage.
Approved Maij IS, 1903.
Acts, 1903. — Chaps. 367, 368. 337
An Act relative to the sale of adulterated articles by CjJinjj Qg^
CLERKS AND OTHERS.
Be it enacted, etc., as follows :
Section 1. Section sixteen of chapter seventy-five f^^^J^^^^^'
of the Revised Laws is hereby amended by adding at the
end of said section the words : — but no employee, other
than a manager or superintendent, shall be punished for
a violation of this section unless such violation was inten-
tional on the part of the said employee, — so as to read
as follows: — Section 16. No person shall manufacture, saieofadui-
ofier for sale or sell, within this Commonwealth, any dmgs'pro"^ ^^
drug or article of food which is adulterated within the incited, etc.
meaning of section eighteen ; but no employee, other
than a manager or superintendent, shall be punished for a
violation of this section unless such violation was inten-
tional on the part of the said employee.
Section 2. This act shall take effect upon its passage.
Approved May 18, 1903.
An Act to provide for the appointment of a state board /^^^^ S68
OP voting machine examiners.
Be it enacted, etc., o^ follows:
Section 1. There shall be a state board of voting state board of
machine examiners, consisting of three persons, of whom examfn^e^sf""*'
one shall be an expert in patent law, and two shall be appointment,
mechanical experts. Said examiners shall be appointed
by the governor within thirty days after the passage of
this act. They shall hold office for the term of five years,
subject, however, to removal at the pleasure of the gov-
ernor ; and any vacancy shall be filled by the governor
for the remainder of the unexpired term. No person
shall be eligible for appointment who has a pecuniary
interest in any voting machine, ballot box or counting
apparatus.
Section 2. Said examiners of voting machines shall Duties,
perform the duties relative to the examination of voting
machines, ballot boxes and counting apparatus now im-
posed by law upon the secretary of the Commonwealth,
the treasurer and receiver general and the auditor of
accounts. Their compensation shall be paid by the per- compensation,
sons submitting machines, boxes or counting apparatus
338 Acts, 1903. — Chaps. 369, 370.
for examination ; and such compensation shall not exceed
one hundred and fifty dollars to each examiner for the ex-
amination or re-examination of a machine, fifteen dollars
for the examination or re-examination of a ballot box,
and five dollars for the examination or re-examination of
counting apparatus.
Persons of SECTION 3. Wlieu voting machines are purchased by
whom . r> I J
machines are a City or towH the persons of whom the purchase is made
give bond, etc. shall givc to the city or town clerk a bond with sufficient
sureties to keep such machines in working order for two
Repeal. years at theu' own expense. Section two hundred and
seventy-two of chapter eleven of the Revised Laws is
hereby repealed.
fnspected ^^ '^^ SECTION 4. No voting machine shall be used at an
under direction elcction or caucus uiitil it has been insi^ected under the
of tiie secre- ,.. ft •!/-
taryofthe direction of tliB Secretary of the Commonwealth, and
wealth. found upon such inspection to conform to drawings and
specifications to be filed in the office of the secretary by
the board of examiners, with their report on the machine.
Section 5. This act shall take eflect upon its passage.
Approved May 19, 1903.
C/Jian.3()Q An Act relative to the maintenance of public ways in or
BORDERING UPON LAND OCCUPIED BY THE STATE COLONY FOR
THE INSANE.
Be it enacted, etc., as follows:
of^puMcways Section 1. The expcnsc of the care and maintenance
in or border^^ of ^he pubUc ways in or bordering upon the land of the
of state colony state colonv for the insane in the towns of Westminster
for ius^'iic*
and Gardner shall be borne by the Commonwealth.
Section 2. This act shall take eflect upon its passage.
Approved May 19, 1903.
ChdV.^^O ■^'^ ■^^'^ '^^ AUTHORIZE THE CITY OF BOSTON TO IMPROVE CER-
TAIN STREETS AND TO EXPEND CERTAIN SUMS OF MONEY THERE-
FOR.
Be it enacted, etc., as follows :
ma^ construct Section 1. The city of Bostou is hereby authorized
etc., certain ' to lay out, widcn, construct and improve Hyde Park
avenue, Brandon street and Belgrade avenue in the West
Roxbury district of the city, and to expend therefor, out-
side of the legal limit of indebtedness of the city, a sum
Acts, 1903. — Chap. 371. 339
not exceeding two hundred and twenty-live tliousand dol-
lars for said Hyde Park avenue, and a sum not exceeding
one hundred thousand dollars for said Brandon street and
Belgrade avenue.
Section 2. The city of Boston is hereby authorized ^f^JiXhJI-'
to lay out, widen, construct and improve Dorchester lo'utJj'Bostou
street, in that part of Boston called South Boston, and etc.
to expend therefor, outside of the legal limit of indebted-
ness of the city, a sum not exceeding three hundred and
seventy-five thousand dollars.
Section 3. Said highways shall be laid out, widened vfg^ion^onaw
and constructed, and the assessable cost incurred in carry- to apply, etc.
ing out the provisions of this act shall be assessed under
the provisions, so far as they may be applicable, of chap-
ter three hundred and twenty-tlu'ee of the acts of the year
eighteen hundred and ninety-one and of acts in amend-
ment thereof or in addition thereto.
Section 4. The treasurer of the city of Boston, with Bonds or cer-
. , 1 f ii ^' j_i 1} • tificates mav
the approval or the mayor, tor the purpose oi carrying be issued, etc.
out the aforesaid provisions, shall issue and sell negotiable
bonds or certificates of the city to an amount not exceed-
ing the amount aforesaid. Such bonds or certificates
shall be registered or with interest coupons attached, shall
be issued for terms of not more than forty years from •
their dates, shall be sold or disposed of in such manner
and at such times and prices and in such amounts and at
such rates of interest, not exceeding four per cent per
annum, as said treasm-er, with the approval of the mayor,
shall determine ; and they shall not be reckoned in deter- Not to be
mining the legal limit of indebtedness of the city. Such determining
amounts shall be raised annually by taxation as will, with ^lebt imnt, etc.
the interest thereon, be sufiicient to pay the interest on
the said loan and the principal as it becomes due.
Section 5. This act shall take effect upon its accept- Jg^^^. ^'^ *''*^*'
ance by the city council of the city of Boston .
Approved May 20, 1903.
An Act directing the county commissioners of the county (JJidj^ ^^\
OF ESSEX TO construct A NEW BRIDGE OVER THE DANVERS
RIVER BETWEEN THE CITIES OF SALEM AND BEVERLY.
Be it enacted, etc., as follows :
Section 1. The county commissioners of the county Bridge to be
of Essex are hereby authorized and directed to construct overDamers
340
Acts, 1903. — Chap. 371.
river between
Salem and
Beverly.
Certain prop-
erty may be
taken, etc.
Persons
aggrieved may
apply for a
jury, etc.
Payment of
expense.
Plans, etc., to
be approved
by harbor and
land commis-
sioners.
Apportion-
ment of ex-
pense, etc.
a highway bridge, with .suitable ap})roaches, over the tide
water known as Danvers river, bctAvcen the city of Salem
and the city of Beverly, at such place or between such
points as said commissioners may determine. Said bridge
shall be constructed with a draw not less than forty feet
wide in the open, and subject to the approval of the board
of harbor and land commissioners.
Section 2 . The said county commissioners are hereby
authorized to take, for tlie purpose of lajdng out and con-
structing said bridge and approaches, the property of any
person or corporation, and shall, within ninety days after
the taking of any property as aforesaid, file in the registry
of deeds for the southern district of the county of Essex
a description thereof sufficiently accurate for identifica-
tion, with an appraisal of the damages, if any, by them
awarded to the owner or owners of such property. Any
person aggrieved by the award of said count}^ commission-
ers may, Avithin one year after the filing of the description
aforesaid, apply for a jury in the superior court to ap-
praise said damages, in tlie same manner and subject to
the same provisions as are provided in the case of land
taken for highways.
Section 3. The expense of the laying out and con-
struction of said bridge and approaches shall, in the first
instance, be borne by the county of Essex ; and the
commissioners of said county are hereby authorized and
directed to borrow on the credit of said county such sums
of money as may be necessary to comply with the provi-
sions of this act. The cost of constructing the said bridge
and the approaches thereto, including any sums paid as
damages for the taking of land or otherwise, shall not ex-
ceed the sum of one hundred thousand dollars ; and no
money shall be expended until the plans and specifications
for the bridge and its approaches have been approved by
the board of harbor and land commissioners.
Section 4. Upon the completion of said bridge and
approaches said county commissioners shall file in the
office of the clerk of courts for the county of Essex a de-
tailed statement, certified under their hands, of the actual
cost of the bridge and approaches, and, within three months
after the filing of such statement, they shall, after such
notice as they may deem proper and a hearing, apportion
and assess upon said county such part, not exceeding
sixty per cent, of the expense of constructing the bridge
Acts, 1903. — Chap. 371. 341
and approaches as they may deem iust and reasonable, Apportion-
and shall apportion and assess the remainder of said ex- pense, etc."
pense upon the cities, or cities and towns, determined by
them to be specially benefited by said bridge, in such
proportions as they may determine. Said commissioners
shall file in the office of the clerk of courts of said county
a report of such apportionment, and said clerk shall trans-
mit a true and attested copy thereof to the mayor of the
cities and the selectmen of the towns mentioned therein ;
and each of said cities and towns shall pay its propor-
tion of said expense, determined by said commissioners
as aforesaid, into the treasury of the county of Essex, in
such manner and in such instalments as the county com-
missioners of said county may direct ; and if any city or
town shall neglect or refuse to pay its proportion required
as aforesaid, the said commissioners shall, after notice to
such city or town, issue a warrant against such city or
town for its proportion, determined as aforesaid, with
interest and the costs of the notice and warrant, and the
same shall be collected and paid into the treasury of said
county, to be applied in payment of the expense aforesaid.
Section 5. In case any street railway company is street railway
granted a location upon the said bridge it shall pay into ^raSed^oca-
the treasury of said county as its part of the expense of bridge'to par
constructing the bridge and the approaches thereto, a sum ^'f corfstnlc^"^^
not less than ten per cent of the said expense, and shall tion, etc.
also pay to said county commissioners in each year after
building its railway under such location a proportion
of the total excise and franchise taxes payable by such
corporation, equivalent to the proportion of its mileage
located under this act to its total mileage, determined
according to law, toward the expense of keeping said
bridge in repair.
Section 6. If any location of a street railway com- Amount as-
pany which has made a pa3aiient toward the cost of con- gtrlet raFiway
structing said bridge and approaches under the provisions be^eimburseS
of this section shall at any time hereafter be so changed conditionsf*'^
or revoked under authority of law, without its consent,
as to render impossible, or in the opinion of the board of
raih'oad commissioners unprofitable, the further exercise
of the privilege of operating its railway upon said bridge
and the approaches leading thereto, the amount assessed
upon and actually paid by such company under the pro-
visions of this act shall be ascertained by the board of
342
Acts, 1903. — Chap. 372.
Co6t of main-
tenance, etc.
railroad commissioners and certified to the treasurer of
the county of Essex, who shall i)ay the same to the com-
panj' from the treasury of said county.
Section 7. The cost of the maintenance and opera-
tion of said bridge and approaches, after the completion
of the same, except as hereinbefore provided, shall be
borne and paid by said county, or by such cities, or cities
and towns therein, as the county commissioners of said
county may determine, after notice and hearing as herein
provided.
Section 8. This act shall take effect upon its passage.
Approved May 21, 1903.
Chci7).372 -^^ ■^^'^ "^^ AUTHORIZE THE CITY OF CAMBRIDGE TO CONSTRUCT
A BRIDGE ACROSS LECHMERE CANAL IN CONTINUATION OF COM-
MERCIAL AVENUE IN THAT CITY.
City of Cam-
bridge may
consti'uct a
bridge across
Lechmere
canal, etc.
City to exca-
vate in canal,
etc.
Be it enacted, etc. , as follows :
Section 1. The city of Cambridge is hereby au-
thorized, within five years after the passage of this act,
to construct a bridge, with a suitable draw, across Lech-
mere canal, in continuation of the lines of tlie highway
previously laid out and established, known as Commer-
cial avenue in said city. The location of the bridge shall
be subject however to the approval of the board of harbor
and land commissioners. Said bridge shall have a draw
with a clear opening of forty feet for the passage of
vessels, which shall be located according to plans to be
approved by said commissioners. The bridge and draw
shall be maintained and operated at the expense of said
city, subject to the provisions of chapter ninety-six of the
Revised Laws and all other laws now or hereafter in force
relating to bridges over tide water and to draws therein ;
except that no compensation for displacement of tide
water or for occupying any land or flats of the Common-
wealth shall be required from said city.
Section 2. Unless otherwise now or hereafter pro-
vided by law said city shall, at or before the time of the
completion of said bridge, excavate in said canal to a
depth of seven feet below mean low Avater, of such a
width and from such a point above said bridge to Charles
river, and in said river of such a width below said bridge,
as the board of harbor and land commissioners may
determine.
Acts, 1903. — Chap. 373. 343
Section 3. For the purpose of paying, in whole or in commercial
part, the cost of said bridge and approaclies, and all ex- Loan."^ " ^^
penses and costs incident thereto, the city of Cambridge
may from time to time issue scrip or bonds, in excess of
the limit allowed by law, to an amount not exceeding-
fifty thousand dollars, and designated on the face thereof,
Commercial Avenue Bridge Loan. Such scrip or bonds
shall bear interest, i)ayable semi-annually, at a rate not
exceeding four per cent per annum, and shall be payable
at such time, not less than ten nor more than forty years
from their respective dates, as shall be determined by said
city by vote of its city council and as shall be expressed
upon the face of the scrip or bonds. The city may sell
such scrip or bonds, or any part thereof, from time to
time, or pledge the same for money borrowed for the
above purpose, but the same shall not be sold or pledged
for less than the par value thereof. The provisions of ^fg^n^g p/^^w
the twelfth, thirteenth, fourteenth, fifteenth, sixteenth and to apply.
seventeenth sections of chapter twenty-seven of the Re-
vised Laws shall, so far as they may be applicable, apply
to the loan herein authorized.
Section 4. Any person entitled by law to damages Damages.
for the taking of or injury to his property under the
authority of this act may have the same determined by a
jury in the superior court for the county of Middlesex,
on petition therefor filed within five years after the pas-
sage of this act, in the same manner, so far as practicable,
as that in which damages are determined for the taking
of land for highways in said city under the provisions of
law authorizino: the assessment of betterments.
Section 5. Betterments may be assessed at any time AsseBsmentof
within five years after the passage of this act for the lay- betterments.
ing out and construction of said bridge under the general
laws authorizing the assessment of betterments, with like
remedies to all parties interested.
Section 6. This act shall take efiect upon its passage.
ApjJToved May 21, 1903.
An Act to establish the boundary line between the towns QJidi) 373
OF ANDOVER AND TEWKSBLTIY.
Be it enacted, etc., as foUorvs :
Section 1. The following described line shall here- Boundary iine
i?i. 1 i.1 1, J „,. i: „ ■u„^ „ 4.U i-^ , „i" \ ,1 „ „ , between
344 Acts, 1903. — Chap. 373.
Tewksbury and Tewksburj : — Beginning at the corner of Andover,
Tewksbuiy and Wilmington, at a granite monument,
marlvcd A T W, standing in a pasture about tive hun-
dred and fifty feet southwesterly from the house of Wil-
liam A. Frost, in latitude forty-two degrees, thirty-five
minutes, fifty-three and nine one hundredths seconds,
and longitude seventy-one degrees, nine minutes, fifty-
five and thirty-five one hundredths seconds ; thence north
forty-nine degrees, fifty-seven minutes west, about five
thousand four hundred and eighty-eight feet to a granite
monument, lettered A T, standing in an open meadow
about one thousand feet north of the house of Wallace
Burt, in latitude forty-two degrees, thirty-six minutes,
twenty-seven and ninety-seven one hundredths seconds,
and longitude seventy-one degrees, ten minutes, fifty-
one and fifty-two one hundredths seconds ; thence in the
same direction to the middle of Shawsheen river ; thence
down the middle line of Shawsheen river, about ten thou-
sand feet, as the river runs, to a point south fifty-six
degrees, fifty-six minutes east and about seven hundred
and fifty feet from a granite monument, lettered A T,
standing in woodland seventy-five feet south of Vale
street, in latitude forty-two degrees, thirty-seven min-
utes, three and eighty-one one hundredths seconds, and
longitude seventy-one degrees, ten minutes, twenty-eight
and twenty-two one hundredths seconds ; thence north
fifty-six degrees, fifty-six minutes west about twenty-six
thousand six hundred and seventy-nine feet, passing
through said monument seventy-five feet south of Vale
street to a granite monument set flush with the ground
on the south bank of the Merrimac river, in latitude forty-
two degrees, thirty-nine minutes, twenty-three and forty-
five one hundredths seconds, and longitude seventy-one
degrees, fifteen minutes, nineteen and one one hundredths
seconds ; thence in the same direction to the channel of
Merrimac river at the corner of Andover, Dracut and
TcAvksbury.
Section 2. This act shall take effect upon its passage.
Apjiroved May 21, 1903.
Acts, 1903. — Chaps. 374, 375. 345
An Act to authorize the town of hudson to elect a (Jhaj) 374
BOARD OF SEWER COMMISSIONERS.
Be it enacted, etc., as follows :
Section 1 . The town of Hudson at any special or Town of Hud-
annual town meeting may elect by official ballot a board aToSi-d^of'^*^*
of sewer commissioners, to consist of three persons, to tfoners!''"""'^'
hold office, one for one year, one for two years and one
for three years, respectively, if elected at a special meet-
ing, from the date of the annual meeting next following
such special meeting, and, if elected at an annual meet-
ing, from the date of such annual meeting, and in either
case until their successors are elected and qualified ; and
thereafter at each annual town meeting as the term of
one of said commissioners expires said town shall elect
by official ballot one member of said board to serve for
the term of three years or until his successor is elected
and qualified. If a vacancy occurs in said board the same vacancy,
shall be filled by the selectmen and the remaining mem-
bers of said board in the manner provided by section
three hundred and sixty-one of chapter eleven of the
Revised Laws. Said board of sewer commissioners shall Powers and
have and exercise the powers and perform the duties of
the board or agency mentioned in section one of chapter
one hundred and twenty-eight of the acts of the year
eighteen hundred and ninety-five, and, except as other-
wise provided herein and in said chapter one hundred and
twenty-eight, said board shall have and exercise all the
powers and perform all the duties prescribed by general
laws for sewer commissioners of towns.
Section 2. This act shall take effect upon its passage.
Ajjjjroved May 21, 1903.
An Act relative to the time of payment of municipal r-ij 07 r
DEBTS incurred FOR PUBLIC PARKS. ^'
Be it, enacted, etc., as follows :
Section 1. Section eleven of chapter tAventy-seven r. L.27, §11,
of the Revised Laws is hereby amended by inserting after amended.
the word " playgrounds ", in the second line, the words :
— and parks, — so as to read as ioMov^s : -^- Section 11. Time of pay.
Debts incurred for supplying the inhabitants with water, ipa?debt8."'^'^"
for acquiring land for public playgrounds and parks under
346
Acts, 1903. — Chap. 376.
the provisions of chapter twenty-eight, for a municipal
lighting plant under the provisions of chapter thirty-four,
or in constructing sewers, shall be payable within thirty
years ; debts incurred in building school houses and other
public buildings and in procuring land therefor, within
twenty years ; and all other debts mentioned in section
eight, within ten years, or by the city of Boston, within
twenty years.
Section 2. This act shall take effect upon its passage.
Approved May 22, 1903.
ChClV.SlG ^^ "^^^ ^^ AUTHORIZE THE BOARD OF HARBOR AND LAND COM-
MISSIONERS TO CONSTRUCT AN ENTRANCE TO EAST BAY AT OSTER-
VILLE IN THE TOWN OF, BARNSTABLE.
Entrance to
East Bay in
Barnstable
may be con-
structed.
Necessary land
or materials
may be taken,
etc.
Certain sum
may be ex-
pended.
Be it enacted, etc., as folloivs :
Section 1. The board of harbor and land commission-
ers may, if after an investigation it deems it advisable,
cut a channel or opening from Nantucket Sound into East
Bay at Osterville in the toAvn of Barnstable, and construct
jetties for the protection thereof.
Section 2 . Said board may take by purchase or other-
wise, in the name and behalf of the Commonwealth, any
land or materials necessary for the construction of said
channel, and the manner of such taking and of determin-
ing 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 year eighteen
hundred and ninety-three relative to the taking of land
by the metropolitan park commission ; and said board
shall for the pm'poses of this act have all the powers con-
ferred upon the metropolitan park commission by said
sections. The damages when finally determined shall be
paid from the treasury of the Commonwealth to the per-
sons entitled thereto or their legal representatives.
Section 3. The sum of six thousand five hundred
dollars may be paid out of the treasury of the Common-
wealth for the piu-poses of this act.
Section 4. This act shall take effect upon its passage.
Approved May 23, 1903.
Acts, 1903. — Chaps. 377, 378. 347
An Act relative to the naval brigade of the militia. CJiai) 377
Be it enacted, etc., as follows :
Section thirty of chapter sixteen of the Revised Laws r. l. le, § 30,
is hereby amended by striking out all down to and in-
cluding the word ' ' infantry ", in the twenty-fifth line,
and inserting in place thereof the following : — The officers officers 9f
of the naval brigade shall be one captain, who shall be of the miiltia?
chief of brigade, with the rank and pay of a colonel of
infantry ; two lieutenant commanders, who shall be chiefs
of battalion, with the rank and pay of a major of infantry ;
a staff, consisting of a surgeon, a brigade adjutant, an
ordnance officer, an equipment officer, a paymaster, who
shall be the mustering officer for the brigade, an engi-
neer, an assistant engineer, a signal officer and an assist-
ant surgeon. The commander-in-chief may appoint and
commission an assistant paymaster and two additional as-
sistant surgeons. The surgeon shall be a lieutenant com-
mander, with the rank and pay corresponding to that of
a major of infantry. The other staff officers, except the
signal officer and assistant engineer, shall have the rank
of lieutenants, with the rank and pay corresponding to
that of captains of infantry. The signal officer and assist-
ant engineer shall have the rank of lieutenant, junior
grade, with the rank and pay of first lieutenants of infan-
try. The following petty officers shall also be attached
to the brigade staff : — One master-at-arms, who shall be
the chief petty officer of the brigade, and who shall have
the rank and pay of a sergeant major of infantry ; one
equipment yeoman, two paymaster's yeomen, one apothe-
cary, one chief bugler and one drum major, all with the
rank and pay of non-commissioned staff of infantry.
Approved May 23, 1903.
An Act to establish a fart of the boundary line between QJiri^ QTg
THE TOWNS OF BELMONT AND WATERTOWN.
Be it enacted, etc. , as follows :
Section 1. The following described line shall here- part of bound-
after be in part the boundary line betAveen the towns of fween'^Beu"
Belmont and Watertown : — Beginning at the intersection w?atertown
of the present boundary line between the city of Cam- established.
bridge and the town of Belmont, produced southerly about
thirteen and forty-one one hundredths feet, with the new
348
Acts, 1903. — Chap. 378.
Part of bound-
ary line be-
tween Bel-
mont and
Watertown
established.
Town of
Watertown to
provide, etc.,
sewers or
drains.
Sewer, water
and gas pipes
may DC laid,
etc.
southerly line of Belmont street as relocated and estab-
lished by the county commissioners of the county of Mid-
dlesex by their return and order made on the fourteenth
day of June, eighteen hundred and ninety-eight, which
point of intersection is marked by a stone monument on
which are cut the letters B C W, and thence running
westerly by said new southerly line of Belmont street to
a stone bound at the junction of said new southerly line
with the old southerly line of Belmont street, Avhich mon-
ument is distant one hundred thirty-eight and fifty-live one
hundredths feet south, seventeen degrees, forty minutes,
thirty seconds west, magnetic, from a stone bound set in
the southerly line of Trapelo road, formerly North street,
near the junction of the southerly line of Trapelo road
with Belmont street; and all that part of the town of
Watertown lying between the said new southerly line of
Belmont street and the existing boundary line between
the towns of Watertown and Belmont is hereby annexed
to the town of Belmont. Said new southerly line of Bel-
mont street is shown on a plan on file in the office ' of the
county commissioners of the county of Middlesex, en-
titled " Plan of Belmont Street, Belmont and Watertown,
as ordered by the County Commissioners, 1898."
Section 2. The town of Watertown shall at its ex-
pense provide and maintain sewers or drains for the dis-
posal of surface water coming from the land lying south
of said part of Belmont street, to the same extent as it
would be liable to do if no change were made in the ex-
isting boundary line between the towns of Belmont and
Watertown.
Section 3. The town of Watertown shall have the
right in common with the town of Belmont, so far as may
reasonably be necessary for the comfort, convenience or
health of the inhabitants of the town of Watertown, to
lay and maintain sewer, drain and water pipes in and
along Belmont street, and to grant permission to lay and
maintain gas pipes therein, and to place and maintain in
said street poles and wires for electric lighting ; but the
street shall be restored by the town of Watertown, when-
ever disturbed by the town or by those acting by its per-
mission for any of the purposes aforesaid, to a condition
as good as that in which it was before being so disturbed,
and such restoration shall be made to the reasonable
satisfaction of the selectmen of the town of Belmont.
Acts, 1903. — Chaps. 379, 380. 349
The town of Watertown shall be liable for any injury to Town of
persons or property resulting from its negligence or from be'iiavftefor**^
the negligence of any person or corporation authorized cenaln^cases,
by it to open or disturb any part of said street for any ®'^^-
of the purposes aforesaid ; and when the street is opened
or dug up for any of the said purposes the work shall
be done as expeditiously as practicable and with as little
hindrance as practicable to public travel.
Section 4. This act shall take effect upon its passage.
Approved May 23, 1903.
An Act to establish a part of the boundary line between QJiq^ 379
THE towns of concord AND CARLISLE.
Be it enacted, etc. , as folloivs :
Section 1. The following described line shall here- Part of bound-
after be a part of the boundary line between the towns of tween°concord
Concord and Carlisle : — Beginning at a point in the estabifshld^
present boundary line between the towns of Concord
and Carlisle, marked by a granite monument, lettered
C C, standing on the easterly side of the Estabrook
road in latitude forty-two degrees, thirty minutes, ten
and seventy-one one hundredths seconds, and longitude
seventy-one degrees, twenty-one minutes, fourteen and
sixty one hundredths seconds ; thence running south
eighty-eight degi-ees, fifty-two minutes, thirty seconds
east, true bearing, about nine thousand seven hundred
feet to the centre of Concord river. ^ All that part of the
present territory of the town of Carlisle lying south of
the above described line shall be a part of the town of
Concord, and all that part of the present territory of the
town of Concord lying north of the above described line
Bhall be a part of the town of Carlisle.
Section 2. This act shall take effect upon its passage.
Ap2)roved May 23, 1903.
C7iaj).S80
An Act to establish the boundary line between the towns
of foxborough and walpole, and a part of the line
between the towns of foxborough and norfolk.
Be it enacted, etc., as folloivs:
Section 1. The following described line shall here- Boundary ime
after be the boundary line between the towns of Fox- borou|hfnd'
borough and Walpole and a part of the boundary line .^^'partof
between the towns of Foxborouoh and Norfolk : — Beo-in- i^ouudary line
350 Acts, 1903. — Chap. 381.
between Fox- niiig at the coriicr of Foxborougli, Sharon and Walpolc,
Norfolk eetab- marked by a granite monument, lettered F S W, standing
'^'^'' at a junction of walls east of Newell's hill, in latitude
forty-two degrees, six minutes, fifteen and thirty-three
one hundredths seconds, and longitude seventy-one de-
grees, fourteen minutes, twentj^-one and seventy-one one
hundredths seconds ; thence south eighty -four degrees,
twenty-four minutes west, true bearing, about eight thou-
sand one hundred and twenty-one feet to a point in the
present dividing line between Foxborougli and Walpole,
marked by a granite monument, lettered F W, standing
at an angle in the wall on the southeasterly side of Sum-
mer street, about four hundred feet northeast of Winter
street, in latitude forty-two degrees, six minutes, seven
and forty-nine one hundredths seconds, and longitude
seventy-one degrees, sixteen minutes, eight and ninet}''-
two one hundredths seconds ; thence south thirty-two
degrees, thirty-four minutes west, true bearing, in line
toward " Dedham rock", about five thousand eight hun-
dred and fifty-three feet to the present boundary line
between the towns of Norfolk and Walpole, in latitude
forty-two degrees, five minutes, eighteen and seventy-
six one hundredths seconds, and longitude seventy-one
degrees, sixteen minutes, fifty and seventy-one one hun-
dredths seconds ; thence continuing in the same direction
about two thousand one hundred and twenty-five feet to
a point in the present boundary line between the towns
of Foxborougli and Norfolk, marked by a granite monu-
ment, lettered F N, standing on top of and near the
southwest corner of a large boulder about twenty feet
square and six feet high, known as Dedham rock, in lati-
tude forty-two degrees, five minutes, one and seven one
hundredths seconds, and longitude seventy-one degrees,
seventeen minutes, five and eighty-eight one hundredths
seconds.
Section 2. This act shall take effect upon its passage.
Approved May 23, 1903.
Chap.3S\ ^^ ^^'^ RELATIVE TO THE LAYING OUT AND CONSTRUCTION OF
NORTHERN AVENUE AND SLEEPER STREET IN THE CITY OF BOS-
TON.
Be it enacted, etc., as follows :
an((<°onstruc. Section 1. Northern avenue is hereby laid out in the
tion of North eity of Bostou from Atlantic avenue near Oliver street
Acts, 1903. — Chap. 381. 351
easterl}^ to Fort Point channel, thence across said channel ^^d sTe^pw-
by a bridge, and thence across lands of the New England street in bos-
Eailroad Company and its lessee, the New York, New
Haven and Hartford Railroad Company, and lands of the
Commonwealth ; and Sleeper street is hereby laid out from
Congress street in Boston, over the land now used for a
private way known as Sleeper street, to the land of the
New England Railroad Company and its lessee, the New
York, New Haven and Hartford Railroad Company, forty
feet wide, thence of a width of fifty feet over the land of
said railroads to said Northern avenue, as shown on a plan
in the office of the harbor and land commissioners, entitled,
" Plan of the Location of Northern Avenue from Atlantic
Avenue to and over the Lands and Flats of the Common-
Avealth at South Boston, and of Sleeper Street from Con-
gress Street to Northern Avenue, March, 1903. Scale
1 in. = .50 ft. Frank W. Hodgdon, Chief Engineer.
Woodward Emery, Charles C. Doteu, George E. Smith,
Harbor and Land Commissioners " ; reserving however to certain rights
said railroad companies, their successors and assigns, the reserved, etc.
right to lay and operate at grade two tracks along and
others across the land owned by them and included within
said Northern avenue, and two tracks diagonally across
Sleeper street,' substantially as shown on said plan ; and
reserving to the Commonwealth and its assigns similar
rights of laying two tracks along and others across said
averuie, in the lands owned by the Commonwealth and
included within said avenue. Said avenue and street
shall be highways : jjrovided, however, that the manner Proviso.
of constructing and operating the railroad tracks in and
across the same, and the highway traffic and travel upon
and other uses of Northern avenue shall be regulated,
and the location of the tracks along said avenue and
street shall be determined by the board of railroad com-
missioners, who, having due regard to the intent and
purpose hereof, shall in writing from time to time pre-
scribe the regulations, and may change or modify the
same.
Section 2. The board of harbor and land commis- Duplicate of
sioners shall forthwith file in the registry of deeds for the med'in registry
county of Suffolk a copy of the foregoing section, together '^^ '^'^'^*^®'
with a duplicate of the plan described therein, signed by
the commissioners ; and any person whose property is Damages.
taken for said avenue or street, and who is entitled to
damages therefor, shall- have such damages paid by the
352
Acts, 1903. — Chap. 381.
Damages.
Certain lands
to be released
to city, etc.
Construction
of bridge, etc.
city as agreed upon by said person and the city engineer
of said city, with tlic approval of tlie mayor ; and if the
parties cannot agree upon the damages the damages shall
be determined by a jury of the superior court for the
county of Suliblk, under the same rules of law, so far as
they may be api:)licable, under which are determined
damages sustained by the taking of land for the la3'ing
out of highways under chapter forty-eight of the Revised
Laws and any amendments thereof, on petition therefor
of such person or of the city engineer, filed in the clerk's
office of said court within one year after the filing of the
copy and duplicate as above provided ; and judgment shall
be entered, costs taxed, and execution issued as in civil
cases ; but no compensation for an}^ lands or flats within
said avenue or street of the Commonwealth, or of said
city, or of the Boston Wharf Company, or of said rail-
roads, except land of said railroads taken for Sleeper
street where the same is fifty feet wide, shall be allowed
or paid.
Section 3. The railroad companies aforesaid shall,
upon the filing of the copies aforesaid, forthwith release
to said city without any compensation therefor, their lands
included within said avenue and within said street where
the same is forty feet wide as herein laid out, reserving
the right to lay and operate their tracks at grade across
and along said avenue and across said street, as provided
in section one ; and said Boston Wharf Company shall
forthwith upon the filing of the copies aforesaid release
to said city without any compensation its land included
within said Sleeper street, and upon the giving of such
several releases all obligations of said railroad companies
and of said Boston Wharf Company severally to release
or to convey lands to said city for avenues in South Bos-
ton shall thereby severally be fulfilled, and the city engi-
neer, in the name and behalf of said city, shall forthwith
thereafter construct said avenue from Atlantic avenue to
the land of the Commonwealth, and said Sleeper street
from said Congress street to said Northern avenue, and
shall construct said bridge on masonry piers and abut-
ments, with a superstructure of iron or steel, or both,
having a draw with a passageway not less than sixty feet
wide for vessels, and in accordance with such plans and
specifications as shall be approved by the board of harbor
and land commissioners ; and said board, in t^ie name and
Acts, 1903. — Chap. 382. 353
behalf of the Commonwealth, shall from time to time, in
a manner approved by said city engineer, construct the
remainder of said avenue and any extensions thereof
which may hereafter be made over the lands of the Com-
monwealth.
Section 4. The Commonwealth shall pay to said city Payment of
from time to time, as the work progresses, upon the order *^-'^i''^°®*^^-
of the board of harbor and land commissioners, the sum
of two hundred and sixty thousand dollars out of the
Commonwealth's Flats Improvement Fund, established
by chapter two hundi*ed and thirty-seven of the acts of
the year eighteen hundred and seventy-eight, and said
city shall use the money so paid to meet the expenses of
taking lands and the expenses incurred by said city engi-
neer under authority of this act ; and the treasurer of said
city, from time to time, on the request of the mayor,
shall issue bonds of said city, outside of its legal debt
limit, to the amount required, retain the proceeds thereof
in its treasury, and pay therefrom the remainder of the
expenses incurred by said city engineer in carrying out
the work required of said city or of said engineer under
authority of this act.
Section 5. Chapter five hundred and seven of the acts Repeal.
of the year nineteen hundred and one is hereby repealed.
Section 6. This act shall take eflect upon its passage.
Approved May 25, 1903.
Chap.3S2
Ax Act to confirm the proceedings of the first baptist
SOCIETY of PEABODY.
Be it enacted, etc., as follows :
Section 1. The proceedings of the meetings of the proceedings of
First Baptist Society of Peabody, a corporation duly or- fociety'*(5f ^*
ganized on the eighth day of August in the year eighteen ^^^^^^ *^^^'
hundred and forty-four, shall not be invalid because its
records do not show that the clerks of said society were
duly sworn as required by law, nor because the records
do not show the consent in writing of persons admitted
as members thereof.
Section 2. This act shall take effect upon its passage.
Approved May 25, 1903.
354
Acts, 1903. — Chap. 383.
CAap.383
Surface or
storm water,
etc., to be kept
separate from
sewage In
certain cases.
Plumbing of
certain estates
to be so ar-
ranged as to
keep waters
separate from
sewage, etc.
Branch inter-
cepting
sewers, etc.,
to be con-
structed in
certain cities
and towns.
Enforcement
of provisions.
An Act relative to separate systems of drainage.
Be it enacted., etc., as follows :
Section 1. The owner of every estate abutting on a
public way in which a drain, namely, a conduit for surface
or storm water and such waters as shall be specified by
the state board of health ; and a sewer, namely, a conduit
for all other waters and for scAvage, all such other waters
to be considered sewage, shall have been provided by a
city or town, and the owner of any other estate, using
any such drain or sewer, shall make or change the plumb-
ing of his estate so that the waters shall be kept separate
from the sewage ; and shall, as directed by the officer
having charge of the maintenance of sewers in such city
or town, make connections for, and conduct, the waters
into the drain and the sewage into the sewer.
Section 2. The owner of every estate whose sewage
is to be taken into any metropolitan sewer shall hereafter,
in plumbing his estate, so arrange the plumbing as to
keep the waters separate from the sewage, and shall, as
directed by said officer, make connections for, and con-
duct, the waters into the drain and the sewage into the
sewer; but where only one conduit shall have been pro-
vided in the street by the city or town, such owner shall,
as directed by said officer, construct said connections into
the street and connect them with the conduit so provided,
and the city or town shall provide the other conduit and
all necessary connections with either conduit.
Section 3. Aii}^ city or town using any metropolitan
sewer may, in any year, and shall in any year specified
by the officer or board having charge of said sewers, ex-
pend one twentieth of one per cent of its taxable valua-
tion, to be met by loan outside the debt limit, in the
construction, in connection with said sewers, of branch
intercepting sewers, connections of existing sewers with
intercepting sewers, branch drains, sewers or drains in
any street where one thereof only shall have been built,
and the necessary connections aforesaid.
Section 4. The supreme judicial court and the supe-
rior court shall have jurisdiction in equity to enforce the
provisions of this act.
Section 5. This act shall take effect upon its passage.
Approved May 26, 1903.
Acts, 1903. — Chap. 384. 355
An Act to provide for the construction of the state high- (JJiaYi 384
WAY LAID OUT BY THE MASSACHUSETTS HIGHWAY COMMISSION
between THE SAUGUS RIVER AND COMMERCIAL STREET IN THE
CITY OF LYNN, AND FOR THE IMPROVEMENT OF SEA STREET IN
SAID CITY.
Be it enacted^ etc., as foHoivs :
Section 1. The Massachusetts highway commission is state highway
hereby authorized and directed to construct, within three structeTbe-
years after the passage of this act, so much of the state river°and"(fom.
highway as is laid out between the bridge authorized by Ly^ji'^^ street,
chapter five hundred and forty-seven of the acts of the
year eighteen hundred and ninety-eight to be built from
the Saugus river between the city of Lynn and the town
of Revere, to Commercial street, so-called, in that part of
the city of Lynn known as West Lj^nn, according to the
plans made by said commission on tile in the office of the
city clerk of the cit}^ of Lynn, and dated April twenty-
seven, eighteen hundred and ninety-nine, and August
twenty-four, eighteen hundred and ninety-nine.
Section 2. When the Massachusetts highway com- sea street.
mission shall have entered upon the work of constructing impTOvek.^
a highway as provided in section one hereof the county
of Essex and the city of Lynn are authorized and directed
to widen, extend and construct, within three years after
the passage of this act, Sea street from Broad street, in
the city of Lynn, to the proposed extension of Commercial
street, there connecting the same with that part of the state
highway to be constructed under section one hereof. To city of Lynn
llltiV issu6
meet that portion of the expenses incurred therefor which bonds, notes or
it may lawfully be required to pay the city of Ljnin may ^^"^'
raise money by loans outside its legal debt limit, and may
issue bonds, notes or scrip therefor. Such bonds, notes
or scrip shall be payable within thirty years from the
dates thereof, and shall bear interest at a rate not ex-
ceeding four per cent per annum; and the said county county com-
commissioners may borrow from time to time for the mlfy^jo^mv
aforesaid purpose, upon the credit of the county, a sum coimty!*^^^* ''^
not exceeding fifty thousand dollars.
Section 3. All damages sustained by any person or Damages.
corporation by the taking of land or any right therein,
under this act, may be assessed by a jury of the superior
court in the manner provided hy law with respect to
damages sustained by the laying out of ways.
356
Acts, 1903. — Chap. 384.
Massachusetts
liighway com-
uiissionmay
expend a cer-
tain sum.
State High-
way Loan.
Sinking fund,
etc.
Assessment of
betterments,
etc.
Section 4. The said highway commission is hereby
authorized to expend a sum not exceeding one hundred
thousand dollars in the construction of the aforesaid part
of the said state highway, in accordance with the provi-
sions of existing laws relative to the construction of state
highways.
Section 5. For the purpose of meeting the expendi-
ture authorized by this act to be made by the Massa-
chusetts highway commission, the treasurer and receiver
general shall issue scrip or certificates of indebtedness, to
an amount not exceeding one hundred thousand dollars,
as an addition to all sums heretofore appropriated for the
construction, repair and maintenance of state highways.
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. They shall be designated on the face
thereof. State Highway Loan, and shall be deemed a
pledge of the faith and credit of the Commonwealth, and
the principal and interest thereof shall be paid at the
time specified therein in gold coin of the United States
or its equivalent. Such scrip or certificates of indebted-
ness shall be sold or disposed of at public auction or in
such other manner and at such times and prices, in such
amounts and at such rates of interest, not exceeding the
rate alitove specified, as shall be deemed best. The sinking
fund established by chapter four hundred and ninety-seven
of the acts of the year eighteen hundred and ninety-four
shall also be maintained for the piu'pose of providing for
the payment of the bonds issued under the authority of
this act, and the treasurer and receiver general shall ap-
portion 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 6. The Massachusetts highway commission
may assess betterments for the benefit of the Common-
wealth on account of the work done by it under the pro-
visions of this act, and the county of Essex and the city
of Lynn may, in like manner, assess betterments for the
benefit of said county and said city respectively. The
provisions of chapter fifty of the Revised Laws, so far as
Acts, 1903. — Chap. 385. 357
they are applicable, .shall apply to the assessing and col-
lecting of such betterments.
Section 7. This act shall take effect upon its passage.
Approved May 26, 1903.
An Act to authorize the city of new Bedford to incur fij^f^m ^9,^
INDEBTEDNESS IN EXCESS OF THE DEBT LIMIT, FOR THE PUR-
POSE OF ERECTING A NEW HIGH SCHOOL BUILDING.
Be it enacted, etc., as folloivs :
Section 1 . For the purpose of paying for the neces- city of New
sary land and for constructing thereon and equipping a SsurTndTwT
new high school building the city of New Bedford may exclfsof
incur indebtedness in excess of the limit prescribed by clrfain^*'^ ^°^
law to an amount not exceeding five hundred and fifty voses.
thousand dollars ; and for the purpose of paying for
wharf property already accjuired and improving the same
it may incur an additional indebtedness not exceeding
thirty thousand dollars.
Section 2. Notes or bonds issued by the city of New New Bedford
Bedford under the authority of this act for the high school Loln.'Act of
building shall be denominated on the face thereof, New ^^^"
Bedford High School Loan, Act of 1903, shall be made
payable within twenty years from the dates of issue, and
shall bear interest at a rate not exceeding three and one
half per cent per annum. Notes or bonds issued for the
payment of indebtedness incurred for wharf property shall
be made payable in ten years from the dates of issue.
The entire proceeds of all such notes or bonds shall be
devoted to the purposes mentioned in section one of this
act. The provisions of sections twelve to seventeen, in- certain pro-
elusive, of chapter twenty-seven of the Revised Laws, to apply.* ''^^
shall apply to all notes or bonds issued under authority
of this act.
Section 3. The notes or bonds authorized by this act issue of notes
for the high school building shall be issued from time to
time to an amount not exceeding one hundred thousand
dollars. After the first issue of such notes or bonds shall
have been made no further issue shall be made until the
entire proceeds of all preceding issues have been paid
out for the purposes authorized.
Section 4. The cost of the land and of constructing cost of land,
and equipping such new high school building shall not ceeii certain'^'
amount.
358
Acts, 1903. — Chaps. 386, 387.
Notes or bonds
to be issued by
vote of city
council.
exceed the amount realized from the sale of the notes or
bonds authorized by this act.
Section 5. Notes or bonds authorized by this act shall
be issued only by a vote of two thirds of the city council,
as provided in section eiglit of chapter twenty-seven of
the Revised Laws.
Section 6. Tliis act shall take effect upon its passage.
Approved May 26, 1908.
ChClT) 386 ^^ ^^^ '^^ PROHIBIT THE SALE OR DISTRIBUTION OF TRADING
STAMPS, CHECKS, COUPONS OR SIMILAR DEVICES.
Sale, etc., of
trading
stamps, etc.,
prohibited.
Penalty.
When to take
effect.
Be it enacted, etc., as follows :
Section 1. No person, firm or corporation shall, in
connection with the sale of any article or any merchan-
dise whatsoever, sell, give or deliver any trading stamps,
checks, coupons or similar devices to be exchanged for,
or to be redeemed by the giving of, any indefinite or un-
described article, the nature and value of which are not
stated, or to be exchanged for, or to be redeemed by the
giving of, any article not distinctl}^ bargained for at the
time when such trading stamps or other devices as afore-
said were sold, given or delivered.
Section 2. Whoever violates any provision of this
act shall for each ofl'ence pay a fine of not less than ten
nor more than fifty dollars.
Section o. This act shall take efl:ect on the first day
of October in the year nineteen hundred and three.
Approved May 26, 1903.
Chap.'SS7
state aid may
be granted to
fathers and
mothers of
certain soldiers
and sailors of
Spanish war.
Proviso, etc.
An Act relative to state aid.
Be it enacted, etc., as follows :
Section 1. The commissioner of state aid and pen-
sions is hereby authorized to receive applications for state
aid from fathers or mothers, the fathers being living, of
soldiers or sailors who served in the war with Spain, in
the manner and under the limitations described for the
service of invalid pensioners, and who died in such ser-
vice : provided, hoioever, that no such application shall
be received after the first day of January in the year
nineteen hundred and four. No aid shall be granted
to persons of this class unless in each case the mayor
and aldermen, selectmen, or in Boston the soldiers' relief
Acts, 1903. — Chap. 388. 359
commissioner, are satisfied, on evidence first reported to
the commissioner of state aid and pensions and satisfac-
tory to him, that justice and necessity require such aid to
prevent actual suliering.
Section 2. So much of section three of chapter Repeal,
seventy-nine of the Revised Laws as is inconsistent with
this act is hereby repealed.
Section 3. This act shall take efiect upon its passage.
Apioroved May 27, 1903.
An Act to authorize the county commissioners of the f^ij^rrx ^QQ
COUNTY OF ESSEX TO CONSTRUCT A CAUSEWAY OVER WATERS ^ *
RIVER IN THE TOWN OF DANVERS.
Be it enacted, etc., as follows :
Section 1. The county commissioners of the county causeway
of Essex are hereby authorized and directed, if in their structe/over
judgment public necessity and convenience so require, ^jDanvere'^'^
and subject to the provisions of chapter ninety-six of the ^*^-
Revised Laws, to widen, rebuild, relocate, alter or recon-
struct the causeway or highway across Waters river in
said Danv^ers at Hussey's Mill, so-called, and to construct
suitable approaches thereto and proper railings, walls and
abutments thereon, and to fill in the flats of said river,
and to take such land as may be necessary for the above
purposes : provided, that the total expenditure hereunder Proviso.
shall not exceed the sum of twenty-five thousand dollars.
Section 2. The provisions of chapter forty-eight of R-L-^sto
the Revised Laws relative to land taken or to be taken for
highways by county commissioners shall apply to any
laud taken for the purposes of this act.
Section 3. The said county commissioners, after such Apportion-
rebuilding, relocating, Avidening or altering is completed, peTse^eu^'
shall, after due notice to the persons interested, and after
hearing such persons, proceed to determine, apportion
and assess on said county, on the town of Danvers, the
towns adjoining the town of Danvers, the city of Salem,
and any street railway corporation owning a track or
operating cars over a track located on said causeway, such
part of the cost of the work done under the authority
hereof, and in such proportions, as they may deem just.
Section 4. If any location of a street railway com- Amount as-
pany which has been assessed under the provisions of the st^llt'rai'h^ay
preceding section shall at any time hereafter be so changed be^'mbu^sed
360 Acts, 1903. — Ciiai\ 389.
under certain or Fovokcd Under authority of law, without its consent,
as to render impossible, or in the opinion of the board
of raih'oad connnissioners unprofitable, the further exer-
cise of the privilege of operating its railway upon said
causeway and the highway leading thereto, the amount
assessed upon and actually paid by such company under
the })rovi.sions of this act shall be ascertained by the
board of railroad commissioners and certified to the treas-
urer of the county of Essex, who shall repay the same to
the company from the treasury of said county ; and the
amount so paid to the company shall be levied upon the
cities and towns of said county in such proportions as
the county commissioners may determine.
The^ost of _^^ Section 5 . Any street railway company now operating
railway by 'a cars ovcr Said liiffliwav and causeway shall relay its present
street rtiilwfiv •/ x
company to be track or may construct, maintain and use a double track
deemed a part . i i j.- ^i • i j. • •
of the value of in such location thereon as said county commissioners
etc.^™^^'^^' .shall indicate ; and the amount of any assessment paid
by said company under section three of this act, and the
cost of any work in laying and changing its railway in
conformity to the decree of said commissioners, shall
be deemed, in all proceedings thereafter, as a part of the
value of its property for street railway pm'poses ; and the
company may issue stock or bonds to meet the expenses
incurred under tliis act to an amount approved by the
board of railroad commissioners as reasonably necessary
to provide for the payment thereof.
ca^isewlyretc^ SECTION 6. Said county commissioners are hereby
unued^ aiscon- empowered, on the completion of the work herein au-
thorized, to discontinue so much of the existing cause-
way or highway over said river as they shall deem not to
be required by pubHc necessity or convenience.
Section 7. This act shall take effect upon its passage.
Approved May 27, 1903.
GJi(ip.^S9 ^N Act to establish the boundary line between the town
OF MEDFIELD AND THE TOWNS OF DOVER, WALPOLE AND NOR-
FOLK.
Be it enacted, etc., as follows :
be'tw'een'^^ed.^ Section 1. The following described line shall here-
Dover"wai- after be the boundary line between the town of Medfield
j'oieand^Nor. ^^^ ^^q towHs of Dovcr, Walpolc and Norfolk : — Begin-
lished. ning at the corner of the towns of Dover, Medfield and
Acts, 1903. — Chap. 389. 361
Sherborn at a point in the middle of Charles river, south J°u°een'^5ied.^
eighty-nine degrees, thirty-one minutes west and seventy- ^eid and
five feet distant from a round top boulder lettered D M, poie and Nor.
standing seventy feet northwest of the northwesterly eor- iished.
ner of the Medfield asylum pumping station and about
thirty feet east of the easterly bank of the Charles river
in latitude forty-two degrees, twelve minutes, fifty-five
and two one hundredths seconds, and longitude seventy-
one degrees, twenty minutes, nineteen and seven one
hundredths seconds ; thence north eighty-nine degrees,
thirty minutes, fifty-eight seconds east, true bearing,
eighteen thousand two hundred and fifty feet, passing
through said round top boulder to a point about sixty-
five feet south of the present northeasterly corner of
Medfield in latitude forty-two degrees, twelve minutes,
fifty-six and forty-seven one hundredths seconds, and
longitude seventy-one degrees, sixteen minutes, seven-
teen and fifty-six one hundredths seconds ; thence south
twenty degrees, two minutes east, true bearing, two thou-
sand three hundred and forty-eight feet to a point marked
by a granite monument lettered D M, standing about four
hundred feet south of the house of W. Condrick on Hart-
ford street at what was formerly known as the ' ' Wolf
Pit ", and in latitude forty-two degrees, twelve minutes,
thirty-four and sixty-eight one hundredths seconds, and
longitude seventy-one degrees, sixteen mi 
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