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

.^ 



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 maturity. Said sinking i'und 
shall remain inviolate and pledged to the payment of said 
loan and shall be used for no other purpose. 

Section 12. This act shall take effect ii})on its passage. 

Approved February '27^ 1903. 

y ■ 

Chwn.XOl "^^ ^'^^ ^^ AUTHOKIZE THE TOWN OF WEYMOUTH TO MAKE AN 

ADDITIONAL WATEK LOAN. 

Be it enacted., etc., as foUoivs : 
Weymouth SECTION 1. The towu of Wcymoutli, for the rmriiose 

Water Loiiu. , , ^y ^ x^ i 

of extending its system of water Avorks, as authorized by 
the provisions of chapter one hundred and seventy-four 
of the acts of the year eighteen hundred and eight^^-one, 
may from time to time, during the term of ten years after 
the passage of this act, issue notes, bonds or scrip, to be 
denominated on the face thereof, \^'eymouth Water Loan, 
to an amount not exceeding fifty thousand dollars in addi- 
tion to the amount heretofore authorized by law to be 
issued by said town for the purposes of the act aforesaid. 
Such notes, bonds or scrip shall be issued upon the terms 
and conditions and with the powers specified in the act 
aforesaid. Said town may sell said securities at public or 
private sale, or may pledge the same for money borrowed 
for the pur})oses of this act, upon such terms and condi- 
Proviso. tions as it may deem proper : provided, that the whole 

amount of such notes, bonds or scrip issued by the town, 
together with those heretofore authorized to be issued by 
said town for the purposes named in said chapter one 
hundred and seventy-four, shall not in any event exceed 
the sum of five hundred and fifteen thousand dollars. 
Section 2. This act shall take effect upon its passage. 

Approved Fehniary 27, 1903, 



Acts, 1903. — Chaps. 108, 109, 110. 81 



An Act to authorize the county commissioners of the (JJkx'^) 108 
county of bristol to pay a sum of money to the widow 
of thomas j. cobb. 

Be it enacted^ etc., as foUoivs : 

Section 1. The county commissioners of the county county of 
of Bristol are hereby authorized to pay to the widow of pay a sum 
Thomas J. Cobb late clerk of the third district court of wi.'imv o\ ° 
Bristol, who died on the twenty-ninth day of October in cob™.'*^'^" 
the year nineteen hundred and two, the remainder of the 
salary to whicli he would have been entitled had he lived 
and continued to hold his office until the end of said year. 

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

Approved February 28, 1903. 

An Act relative to the technical educational fund, united (J]ia)),\0^ 

STATES GRANT. 

Be it enacted, etc., as folloivs : 

Section 1 . The treasurer and receiver general is hereby Ttiimirai e.iu- 
authorized to pay annually into the Technical Educational uniitd states ' 
Fund, United States Grant, such sum of money as maybe 
necessary with the income of the fund to produce a sum 
equal to five })er cent interest per annum on the two hun- 
dred and nineteen thousand dollars in said fund, in order 
to comply with an implied agreement between the Com- 
monwealth and the United States that the money received 
from land scrip shall constitute a perpetual fund for the 
promotion of education in agriculture and the mechanic 
arts, and shall be invested in such manner as to pay inter- 
est at tlie rate of five per cent per annum. 

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

Approved February 28, 1903. 

An Act making an APrROPRiATiON for payment of the judg- njinjj 110 

MENT AGAINST THE COMMONWEALTH IN FAVOR OF THE AMERI- 
CAN BELL TELEPHONE COMPANY. 

Be it enacted, etc., as folloivs: 

Section 1. A sum not exceeding thirteen hundred p^'^entof 
and fifty dollars is hereby appropriated, to be paid out of against com- 
the treasury of the Commonwealth from the ordinary in favor of 
revenue, to satisfy a judgment entered in the superior Teiiephone 
court against the Commonwealth in favor of the American company. 



82 Acts, 1903. — Chaps. Ill, 112, 113. 

Bell Telephone Company for refund of its franchise tax 
for the year nineteen hundred and one, being for princi- 
pal, interest and costs thereon. 

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

Approved February 28^ 1903. 

CllClpAW -^^ -'^CT MAKING AN APPROPRIATION FOR A DORMITORY AT THE 
STATE NORMAL SCHOC)L AT NORTH ADAMS. 

Be it enacted, etc., as follows : 

tchoo?at^^^ Section 1 . The sum of thirty-five thousand dollars is 
North Adams, hereby api)ropriated, to be })aid out of the treasury of the 
Commonwealth from the ordinary revenue, for the con- 
struction of a donnitory at the state normal school at 
North Adams, as authorized by chapter ninety-eight of 
the resolves of the year nineteen hundred and two, the 
same to be in addition to the amount appropriated by 
chapter four hundred and si,\ty-nine of the acts of the 
year nineteen hundred and two. 

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

Approved February 28, 1903. 

Chap.\12i An Act making an appropriation for a dormitory at the 

STATE NORMAL SCHOOL AT FITCHBURG. 

Be it enacted, etc., as folloivs : 

schmirat™*^' Section 1. The sum of twenty thousand dollars is 
Fitciibuig. hereby appropriated, to be paid out of the treasury of the 
Commonwealth from the ordinary revenue, for the con- 
struction of a dormitory at the state normal school at 
Fitchburg, as authorized by chapter ninety-sieven of the 
resolves of the year nineteen hundred and two, the same 
to be in addition to the amount appropriated by chapter 
four hundred and sixty-nine of the acts of the year nine- 
teen hundred and two. 

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

A2Jproved February 28, 1903. 

(JllCip.Wd An Act making appropriations for the salaries and ex- 
penses OF THE GAS AND ELECTRIC LIGHT COMMISSIONERS. 

Be it enacted, etc., as folloivs : 

tio'ns "''"*' Section 1. The sums liereinafter mentioned arc appro- 

priated, to be paid out of the treasury of the Commonwealth 



Acts, 1903. — Chap. 114. 83 

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 ffas and electric light commis- Gasandeiec- 

» » trie light com- 

sioners, eleven thousand dollars. missioners. 

For clerical assistance to the gas and electric lio:ht clerical 

, . , ■ 1 • /• , 1 11 asfiistance. 

commissioners, a sum not exceeding lorty-one hundred 
dollars. 

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

For the inspection of electric meters, a sum not exceed- inspection of 

'^ ' electric meters. 

ing hiteen hundred dollars. 

For the salary of the gas inspector, twenty-five hun- Gas inspector. 
dred dollars. 

For the salary of the first assistant inspector, fifteen First assistant. 
hundred dollars. 

For the salary of the second assistant inspector, twelve second 

,,,,,," ^ assistant. 

hundred dollars. 

For the compensation of deputies, and for travelling Deputies, etc. 
expenses, apparatus, office rent and other incidental ex- 
penses, a sum not exceeding five thousand dollars. 

For printing and binding the annual report of the gas Annual report. 
and electric light commissioners, a sum not exceeding 
fifteen hundred dollars. 

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

Approved Februari/ 28^ 1903. 

An Act to authorize the Worcester children's friend society (77z,ftr).114 

TO HOLD additional PROPERTY. 

Be it enacted^ etc., as follows : 

Section 1 . Section two of chapter eighty-eight of the is49, ss, § 2, 
acts of the year eighteen hundred and forty-nine is hereby 
amended b}'^ striking out the word "fifty", in the third 
line, and inserting in place thereof the words : — two 
hundred, — so as to read as follows : — Section 2. Said May hom 
corporation may, for the purpose aforesaid, take and hold property. 
real and personal })roperty, to an amount not exceeding 
two hundred thousand dollars. 

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

Approved February 28, 1903. 



84 



Acts, 1003. — Chap. 115. 



19n2, A08, § 1, 
aineuded. 



Certain rail- 
road tracli8 
in Worcester 
to be discon- 
tinued, etc. 



dlCin.Wo ^^ ^CT RELATIVE TO THE UNIDN I'ASSENGEU STATION IN THE OITV 

OK WOHCESTEK. 

Be it endded, etc., asfoUoivs: 

Skction 1. Section one of cliiipter five hundred and 
eight of the nets of the year nineteen hundred and two is 
hereby amended by inserting after the word " Company ", 
in th(! sixteenth line, the words: — of the Providenee 
and Worcester Kaih'oad Coni[)any, of the Norwich and 
Worcester liaih'oud (/'onipan}^, or of the New Yorl<, New 
Haven and Hartford Raih'oad Company, — so as to read 
as follows : — ^Seclion 1. The commission heretofore ap- 
})ointcd by the superior ct)urt for the c(junty of Worces- 
ter, under chai)ter three hundred and eighty-seven of the 
acts of the year nineteen hundred, is authorized, after 
due notice to all the i)arties to the petition upon which 
said commission was ap})ointed, and to the Fitchburg 
Railroad Company, the Worcester, Nashua and Roches- 
ter Railroad Company, and the Boston and Maine. Rail- 
road, lessee of the said railroads, to discontinue the tracks 
of the Fitchburg Railroad Company and of the Worces- 
ter, Nashua and Rochester Railroad Company at Summer 
street and Shrewsbury street in the city of Worcester, 
and to provide for bringing the trains heretofore run over 
said tracks into a union i)assenger station by way of the 
viaduct and over the location of the Boston and Albany 
Railroad Company, of the Providence and Worcester 
Raih'oad Company, of the Norwich and Worcester Rail- 
road Com])any, or of the New York, New Haven and 
Hartford Railroad Com})an3^ ; and to alter, strengthen 
and make such changes in said viaduct and the bridges 
of the same over Foster street and Front «;treet as are 
reasonably necessary for such use of said viaduct ; and 
to order such change in said bridges as shall make the 
floor construction thereof water-tijjht. 

Section 2. Section two of said chapter is hereby 
amended by inserting after the word " Com})any", in the 
fifth line, the words : — of the Providence and Worcester 
Railroad Company, of the Norwich and Worcester Rail- 
road Company, or of the New York, New Haven and 
Hartford Railroad (Company, — so as to read as follows : 
— /Section 2, The Fitchburg Railroad Company and the 
Worcester, Nashua and Rochester Railroad Company, 



1902, 508, § 2, 
amended. 



Rent to be paid 
for use of loca- 
tion and 



Acts, 1903. — Chaps. 116, 117. 85 

and the Boston and Maine Railroad, lessee of said rail- tatu^rauroad 
roads, shall pay a reasonable rent for the use of the companiee. 
location and tracks of the Boston and Albany Railroad 
Company, of the Providence and Worcester Railroad 
Com})any, of the Xor>vich and Worcester Railroad Com- 
pany, or of the New York, New Haven and Hartford 
Railroad Company, to be determined in accordance with 
the provisions of section three of chapter three hundred 
and fort^'-three of the acts of the year eighteen hundred 
and seventy-one. 

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

A}ypToved February 28, 1903. 



An Act to authouize cities and towns to appropkiate money (Jhav.WQ 

FOR monuments TO PERSONS WHO SERVED IN THE WAR OF THE 
AMERICAN REVOLUTION. 

Be it enacted, etc., as folloivs : 

Section 1. Any city by vote of its city council, or cities and 
by vote of its board of aldermen in a city which has no apploiSe 
common council, and any town by vote at its annual "emmmonu- 
meeting or at any special meeting called for the purpose, >"'^"t^- 
may appropriate money for erecting, dedicating or keep- 
ing in repair monuments in memory of soldiers or sailors 
who served their country in the war of the American 
revolution . 

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

Apx)roved February 28, 1903. 

An Act to revive and continue the corporate authority (JJiq^ 217 

OF the LOWELL, ACTON AND MAYNARD STREET RAILWAY- 
COMPANY. 

Be it enacted, etc., as follotvs : 

Section 1. The organization of the Lowell, Acton oroanization 
and Maynard Street Railway Company, as it existed prior Actou^md 
to the first day of November in the year nineteen hundred st?e "tR^iiway 
and two, is hereby legalized, and the authority granted {egauze^ etc. 
by chapter three hundred and three of the acts of the year 
nineteen hundred and by chapter three hundred and four 
"of the acts of the year nineteen hundred and two, is 
revived, restored and continued as though it had never 
ceased. _ 



86 Acts, 1903. — Chaps. 118, 119. 

Timeextended. 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 nineteen hundred and four. 

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

Ajijrroved March 2, 1903. 

QJlcm.W^ An Act to establish the metkoi'olitan parks loan sinking 

FUND, SEHIES TWO. 

Be it enacted,, etc.,, as foUoivs : 
Metropolitan SECTION 1 . The treasurer and receiver general is hereby 

Talks Loan i-i it i ii>i •!• r ^ i 

Sinking Fund, authorized and directed to establish a sinking fund to be 
known as the Metropolitan Parks Loan Sinking Fund, 
Series Two, and to transfer from the Metropolitan Parks 
Loan Sinking Fund such portion of cash and securities as 
shall be determined to properly belong to the proposed 
new sinking fund. The Metropolitan Parks Loan Sink- 
ing Fund, Series Two, shall be maintained and increased 
by taxation from time to time to provide for the payment 
of bonds issued under the provisions of cha})ter two hun- 
dred and eighty-eight of the acts of the year eighteen 
hundred and ninety-four and of chapter four hundred and 
seventy-two of the acts of the year eighteen hundred and 
ninety-six, and under any other acts or parts of acts under 
which bonds have been issued for parkways and boulevards. 

Repeal. Section 2. Chapter two hundred and eighty-three of 

the acts of the year eighteen hundred and ninety-five is 
hereby repealed. 

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

Aj)proved March 2, 1903. 

Ghcip.Wd An Act to provide for supplying shirley village with water, 

AND FOR establishing THE SHIRLEY VILLAGE WATER DISTRICT. 

Be it enacted, etc. , as follows : 

watLr^DTllricT SECTION 1. The inhabitants of Shirley Village in the 
established. county of Middlesex, liable to taxation in the town of 
Shirley and residing wdthin the territory enclosed by the 
following boundary lines, to Avit : — Beginning at the 
northeasterly corner of said proposed district at a stone 
bound in the easterly line of the Clark road, so-called ; 
thence by the easterly line of said Clark road twenty-two 
hundred seventy feet to the northwesterly corner of land 



Acts, 1903. — Chap. 119. 87 

of H. A. Sawtell ; thence south, seventy-four deojrees shiriey viiiage 

' •/ o \v titer Oistri<'t 

fifty-five minutes east, forty-three rods and nineteen established. 
links ; thence in a straight line to a stone culvert in the 
Woods Village road, so-called, at a point eight hundred 
and seventeen feet distant northerly from the intersection 
of said Woods Village road and Main street ; thence south- 
erly eleven hundred and twenty-seven feet to a stone 
bound at a corner of land of the Samson Cordage Works ; 
thence south, twenty degrees eighteen minutes west, fif- 
teen hundred and sixty- six feet to a stone bound at a 
corner of land of the Samson Cordage Works ; thence 
in a straight line to the southeasterly corner of land of 
David Lambert; thence in a line parallel with Phcjenix 
street, so-called, and distant three hundred and thirty-one 
feet therefrom, to the southerl}^ side of Shaker Plain road ; 
thence westerly on the southerly line of said Shaker Plain 
road and Union street, so-called, to the intersection of said 
Union street and Summer street ; thence in a straight line 
to a stone bound in the westerly line of Pleasant street, 
distant twenty-seven hundred feet from the intersection 
of Pleasant and Summer streets ; thence in a straight line 
to a stone bound in the northerly line of 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 :