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

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11 



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i»i 



ACTS 



RESOLVES 



PASSED BY THE 



d^neral Ofourt of ytaHsathitselts, 



IN THE YEAR 



1904, 

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. 

1904. 



A CONSTITUTION 



FORM OF GOYERNMEIVT 



Commontocaltlj of glassacljusdts. 



PEEAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secm:e the existence of the body government 
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°lf°ui™!'^' 
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 faitliful 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, without fi-aud, 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 follomng Declaration of Rights, and 
Frame of Government, as the Constitution of the Com- 
MOjnvEALTH or Massachusetts. 



Equality and 
natural rights 
of all meu. 



Right and duty 
of public relig- 
iouK worship. 
Protection 
therein. 
2 Gush. 104. 
12 Allen, 1-29. 



Amendments, 
Art. XI substi- 
tuted for this. 



Legislature 
empowered to 
compel provi- 
sion for public 
worship ; 



PAET THE FIRST. 

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

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

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

III. [As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon piety, religion, and morality; and as these cannot 
be generally diffused through a community but by the 
institution of the public worship of God, and of public 
instructions in piety, religion, and morality : Therefore, 
to promote their happiness, and to secure the good order 
and preservation of their government, the people of this 
commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their own expense, 
for the institution of the public worship of God, and for 



COMMOXAVEALTir OF MASSACHUSETTS. 5 

the support and iiiaiiitonanco of })ubli(' Protestant teachers 
of piety, rehgioii, and morality, in all eases where sueh 
provision shall not be made voluntarily. 

And the ixH)ple of this conmionM^calth have also a right au^ifdance^"*" 
to, and do, invest their legislature with authority to enjoin thereou. 
uj)on all the subjects an attendance upon the instructions 
of the public teachers aforesaid, at stated times and sea- 
sons, if there be any on whose instructions they can con- 
scientiously and conveniently attend. 

Provided, notwithstanding, that the several towns, par- Exclusive right 
ishes, precincts, and other bodies politic, or religious socle- foifBteache'V^' 
ties, shall, at all times, have the exclusive right of electing secured. 
theu' public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of whom^parochiai 
public worship, and of the public teachers aforesaid, shall, ^^^rSTiess^ 
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- ah denomina- 
selves peaceably, and as good subjects of the commonwealth, p^otect'ed! ^ 
shall be equally under the protection of the law : and no subornation 
subordination of any one sect or denomination to another anotherprV-° 
shall ever be established hy law.] hibited. 

TV. The people of this commonwealth have the sole Right of self 
and exclusive right of governing themselves, as a free, secure<L 
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. 

y. All power residing originally in the people, and ^/aiTo"fflc^JrB*^ 
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 ran. 
have any other title to obtain advantages, or particular puiTnc^be^ng 
and exclusive privileges, distinct from those of the com- p'^cuni^ pJlvi*.'* 
munitv, than what arises from the consideration of ser- leges.heredi- 

" . tary oftices are 

Vices rendered to the public ; and this title being in absurd and 
nature neither hereditary, nor transmissible to children, 



CONSTITUTION OF THE 



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



Right of people 
to secure rota- 
tion in office. 



All, having the 
qualifications 
prescribed, 
equally eligible 
to office. For 
the definition of 
" inhabitant," 
see Ch. 1, Sect. 
2, Art. II. 
Right of protec- 
tion and duty of 
contribution 
correlative. 
Taxation 
founded on 
consent. 
16 Mass. 326. 
1 Pick. 418. 
7 Pick. 344. 
12 Pick. 184, 467. 
16 Pick. 87. 
23 Pick. 360. 
7 Met. 388. 
4 Gray, 474. 
7 Gray, 363. 
14 Gray, 154. 
1 Allen, 150. 
4 Allen, 474. 

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

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



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



or descendants, or relations by blood, the idea of a man 
born a magistrate, lawgiver, or judge, is absurd and 
unnatural. 

VII. Government is instituted for the common good ; 
for the protection, safety, prosperitj^ and happiness of the 
people ; and not for the profit, honor, or private interest 
of any one man, 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- 
sequently, to contribute his share to the expense of this 
protection ; to give his personal service, or an equivalent, 
when necessary : but no part of the property of any indi- 
vidual can, with justice, be taken from him, or applied to 
pubHc uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllable by any other laws 
than those to which their constitutional representative 
body have given their consent. And whenever the pub- 
lic exigencies require that the property of any individual 
should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. 

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

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

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

XI. Every subject of the commonwealth ouglit to find 
a certain remedy, by having recourse to the laws, for all 
injuries or wrongs which he may receive in his person, 
property, or character. He ought to obtain right and 



co:\r:\ro\wEALTii of ]viassachusp:tts. 7 

justioo freely, aud without beino: obliged to purchase it ; 
coinjiletely, and without any denial ; promptly, and with- 
out delay ; contbrniably to the laws. 

Xir. Xo subject shall be held to answer for any crimes ProHecutions 
or oU'ence, until the same is fully and plainly, substantially sT'ick.^ii. 
and formally, described to him ; or be compelled to accuse, is pick'. 434. 
or furnish evidence against himself. And every subject l^uet^w^' 
shall have a right to produce all proofs that may be favor- I^q^^^^'/"^^- 
able to him ; to meet the witnesses ao:ainst him face to face, & Gray', m 

. . ■ .8 Gray 329 

and to be fully heard in his defence by himself, or his looray, ii* 
counsel, at his election. And no subject shall be arrested, 2 auTh.'sm!' 
imprisoned, despoiled, or deprived of his property, mimu- 240^264" 439^" 
nities, or privileges, put out of the protection of the law, ig^ugj, ^^g 
exiled, or deprived of his life, liberty, or estate, but by the 9^ Mass.'sTo, 
judgment of his peers, or the law of the land. lo'oMass. 237, 

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

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

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

, . , ® , ., 1 -J- • 1 J. ^y jury in 

subject any person to a capital or miamous punishment, cnminai cases, 
excepting for the government of the army and navy, with- rGray',329,373, 

out trial by jury. 103 Mass. 418. 

XIII. In criminal prosecutions, the verification of facts, crimes to be 
in the vicinity where they happen, is one of the great- ^dnit^!" ^"^^ 
est securities of the life, liberty, and property of the I^^^^^^^qi 62. 
citizen. 

XIV. Every subject has a right to be secure from all fjjf ^g* f^^ ''^^'^'^^ 
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- scueh^leg. 
tion of them be not previously supported by oath or affir- l3^GrIy,^454. 
mation, and if the order in the warrant to a civil officer, to JI^.Ai^''"' ''■,1'^« 

' , ' 100 Mass. 136, 

make search m suspected places, or to arrest one or more 139 

^ T J • . 1 • 1 , 126 Mass. 269, 

suspected persons, or to seize their property, be not accom- 273. 
panied with a special designation of the persons or objects 
of search, arrest, or seizure : and no warrant ought to be 
issued but in cases, and with the formalities prescribed by 
the laws. 

XV. In all controversies concerning property, and in Right to tnai 
all suits between two or more persons, except in cases in exclp^tyeTc!'^^'^' 
which it has heretofore been otherways used and practised, Amend°t vif*' 
the parties have a right to a trial by jury ; and this method 2 Pjck. 382. 
of procedure shall be held sacred, unless, in causes arising 5 Gray, 144. 
on the high seas, and such as relate to mariners' w^ages, ii^AUe'n, 574, 
the legislature shall hereafter find it necessary to alter it. io2Ma8s.45,47. 

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



CONSTITUTION OF THE 



Liberty of the 
press. 



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



Moral qualifica- 
tions for office. 



Moral obliga- 
tions of law- 
givers and 
magistrates. 



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



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



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



Frequent ses- 
sions, and ob- 
jects thereof. 



Taxation 
founded on 
consent. 
8 Allen, 247. 



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

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

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

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

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

XXI. The freedom of deliberation, speech, and debate, 
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 Avhatsoever. 

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 ma}^ require. 

XXIII. No subsidy, charge, tax, impost, or duties 
ought to be established, fixed, laid, or levied, under any 
prete-xt whatsoever, without the consent of the people or 
their representatives in the legislature. 



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punisli for actions done before ex post facto 
the existence of such hiAvs, and which have not been de- 12'Anen, 421,'' " 
clared crimes by preceding laws, are unjust, oppressive, ^2*' ^28,434. 
and inconsistent with the fundamental principles of a free 
government. 

XXV. Xo subject ought, in anv case, or in any time, Legislature not 
to be declared guilty of treason or felony by the legis- treason'*etc. 
lature. 

XXVI. Xo magistrate or court of law shall demand o/fln^.^and"^^ 
excessive bail or sureties, imi^ose excessive fines, or inflict cmei punish. 

'A ' 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 houseTuniest"^ 
in time of war, such quarters ought not to be made but ^^' 

bv the civil maoistrate, in a manner ordained bv the le^is- 
latm-e . 

XXVIII. Xo person can in any case be subject to law- citizens exempt 
martial, or to any penalties or pains, by virtue of that law, tiai, unless, etc. 
except those emplo^^ed in the army or nav}'', 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 ever}^ individual, his life, liberty, property, and charac- court? ""^ '"^^ 
ter, that there be an impartial interpretation of the laws, \^r^yfln, 
and administration of justice. It is the right of every 7;|ug°'385' 
citizen to be tried b}^ judges as free, impartial, and inde- i^^^|?^-2i^> 
pendent as the lot of humanity will admit. It is, therefore, TeAure'of their 
not only the best policy, but for the security of the rights ° 

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

XXX. In the government of this commonwealth, the separation of 
legislative department shall never exercise the executive ci\*i"anTi'egi8.' 
and judicial powers, or either of them : the executive shall mentL!^^^'''*" 
never exercise the legislative and judicial powers, or either \^i^^ 36i'_ 
of them : the ludicial shall never exercise the leo'islative ?JM'f°'"^^iP^- 

. "^ . 1 ,. 1 11.^^'' Mass. 282, 

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

114 Mass 247 

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

116 Mass. 317. 129 Mass. 559. 



10 



CONSTITUTION OF THE 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

The people, inhabiting the territory formerl}^ called the 
Province of Massachusetts Ba}^ 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 Commonavealth of Massachusetts. 



CHAPTER I. 



Legislative 
department. 



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



Q-ovemor's 

veto. 

99 Mass. 636. 



Bill maj' be 
passed by two- 
thirds of each 
house, notwith- 
standing. 



THE LEGISLATIVE POWER. 

Sectiox I. 

TJie General Court. 

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

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

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



CO:\i:\IOXAVEALTII OF MASSACHUSETTS. 11 

the votes of both houses shall be determined by 3'eas; and 
nays ; and the names of the persons votino- for, or against, 
the said bill or resolve, shall be entered upon the public 
records of the commonwealth. 

And in order to prevent unnecessary dcla3^s, if any bill in case of ad- 
or resolve shall not be returned by the governor within the"enerai° 
five days after it shall have been presented, the same shall thehVedaj", 

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

III. The general court shall forever have full power General court 
and authorit}^ to erect and constitute judicatories and judicatories^ ^ 
com-ts of record, or other comets, to be held in the name orfre^tc.*'^*' 
of the conmionwealth, for the hearing, trying, and deter- 12^^,^' ^^47 
mining of all manner of crimes, offences, pleas, processes, i54. 
plaints, actions, matters, causes, and things, whatsoever, 

arising or happening within the commonwealth, or between 
or concerning persons inhabiting, or residing, or brought 
within the same : whether the same be criminal or civil, 
or whether the said crimes be capital or not capital, and 
whether the said pleas be real, personal, or mixed ; and 
for the awarding and making out of execution thereupon. 
To which courts and iudicatories are hereby adven and Courts, etc. 

T , . p . ^ ~ , may administer 

granted full power and authority, from tune to time, to oaths. 
administer oaths or affirmations, for the better discovery 
of truth in any matter in controversy or depending before 
them. 

IV. And further, full power and authority are hereby General court 
given and granted to the said general court, from time to "c.^ ^^^ 
time to make, ordain, and establish, all manner of whole- Liuen', 473. 
some and reasonable orders, laws, statutes, and ordinances, 237^"^°' ^"^' 
directions and instructions, either with penalties or with- wo Mass. 544. 
out ; so as the same be not repugnant or contrary to this iw Mass. 467, 
constitution, as they shall judge to be for the good and may enact 
welfare of this commonwealth, and for the government rem^gnant to * 
and orderino- thereof, and of the subiects of the same, and the constitution. 

'^ 1 1 p ^ 1 '6 Allen, 3o8. 

for the necessary support and defence of the government 
thereof; and to name and settle annually, or provide by may provide 
fixed laws for the naming and settling, all civil officers or'appointoent 
within the said commonwealth, the election and consti- ii5°Masr602. 
tution of whom are not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several th™r dStfeT."^^ 
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 CONSTITUTIOX OF THE 

mrTmose"^ tliis constitution ; and to impose and levy proportional 
taxes, etc and reasonable assessments, rates, and taxes, upon all the 

12 Mass. 252. " x^ 

5 Allen,' 428." inhabitants of, and persons resident, and estates lying, 
8AUen,'247,'253. wltliin the Said commonwealth; and also to impose and 
11 iiien' 268! Icvy reasonable duties and excises upon any produce, 
235^238" 240^^^' goods, warcs, merchandise, and commodities, Avhatsoever, 
298,300,312, brought into, produced, manufactured, or being within 
98 Maes'. 19. thc saiiie ; to be issued and disposed of by warrant, under 
101 Maes! 575*, the hand of the governor of this commonwealth for the 
los'MasB. 267. tiuic bciug, with the advice and consent of the council, 
ii4MaBs.388, ^-^^, ^j^^ pubUc scrvicc, in the necessary defence and sup- 
118 Mass' 386' poi't of tlic govcmment of the said commonwealth, and 
^lt\. .^o the protection and preservation of the subjects thereof, 

123 Mass. 493, i ^ ini-r- •!• 

495. accordino; to such acts as are or shall be in lorce within 

127 Mass. 413. , ® 

may impose tilC SaillC . 

dispo'sedo/fo^^ ^^^^ while the public charges of government, or any 
uoi^"efc' P''°*®''' part thereof, shall be assessed on polls and estates, in the 
8 Alien, 247, 256. manner that has hitherto been practised, in order that 
estites'once^in such assessiuents luav be made with equality, there shall 
ilaerwhi'ifetc. ^^ ^ valuatiou of estates within the commonwealth, taken 
?o^>f"' "1;";- anew once in every ten years at least, and as much oftener 

126 Mass. 547. -J •' ' 

as the general court shall order. 

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



CHAPTER I. 

Section H. 

Senate. 

orancibT"'^^'' Article I. [There shall be annually elected, by the 
whom elected, freeholders and other inhabitants of this commonwealth, 

Superseded by t n ^ • i • ... • t i /• 

amendments, qualified as lu this coustitution IS provided, forty persons 
which was also to be couucillors and senators for the year ensuing their 
amendments,^ clcction ; to bc clioscu by tlic inhabitants of the districts 
Art. XXII. jj^^^^ which the commonwealth may, from time to time, be 
divided by the general court for that purpose : and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
For provision as tiiiielv make Ivuown to the inhabitants of the common- 

to councillors, i N i t • /• i n- • i i i /■ 

see amend- Wealth the liiiiits ot cach district, and the number ot coun- 

XVI.' ^' cillors and senators to be chosen therein ; provided, that 

the number of such districts shall never be less than thir- 



COM]NrOXWEALTir 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 connnoii wealth shall, ^^""ict^g*' u°ntji 
until the o-eneral court shall determine it necessary to etc 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
County and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, yiz. : — Suffolk, six ; Essex, six ; Middlesex, 
fiye ; Hampshire, fom* ; Plymouth, three ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshire, two.] 

II. The senate shall be the first branch of the legislat- Manner and 

o time of choosing 

ure ; and the senators shall be chosen in the following man- senators and 
ner, viz, : there shall be a meeting on the [first Monday in amendments, 
April,] annually, forever, of the inhabitants of each toM'n xv!" a's**" 
in the several counties of this commonwealth ; to be called amendment, 
by the selectmen, and warned in due course of law, &t ^IJi-J^-^ ^.^ 

' _ ' 1 rovisions as to 

least seven days before the rfii'st Monday in April, 1 for ^"aiifications of 

y, -, . I- '' 1 voters, super- 

the purpose ot electincr persons to be senators and coun- seded by amend- 
cillors ; [and at such meetings every male inhabitant of ni., xx., 
twentj'-one years of age and upwards, having a freehold xxx^xxxi. 
estate within the commonwealth, of the annual income of wor^^fnhabi- 
three pounds, or any estate of the value of sixty pounds, tant- defined 

,1,1 ., . .1. ^ ^ ,. See also amend- 

shall have a right to give in his vote for the senators lor ments, Art. 
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 Maes. 095, 
as an inhabitant, for the purpose of electing and being- 
elected into an}' 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 

, . , 1 1 11 • 1 ,• preside at town 

such meetings impartially ; and shall receive the votes ot meetings. 
all the inhabitants of such towns present and qualified 
to vote for senators, and shall sort and count them in 
open town meeting, and in presence of the town clerk. Return of votes. 
who shall make a fair record, in presence of the select- 
men, and in open town meeting, of the name of every 
person voted for, and of the number of votes against his 
name : and a fair copy of this record shall be attested by as to cities, see 
the selectmen and the town clerk, and shall be sealed up. Art. 11. 
directed to the secretary of the commonwealth for the 
time being, with a superscription, expressing the purport 



14 



CONSTITUTIOX OF THE 



Time changed f own 
to first Wednes- ^^^ " 



Inhabitants of 
unincorporated 
plantations, 
who pay state 



Plantation 
meetings. 
Time of elec- 
tion changed by 
amendments, 
Art. XV. 
Assessors to 
notify, etc. 



of the contents thereof, and delivered bv the town clerk 

of such towns, to the sheriJff of the county in which such 

lies, thii'tv davs at least before [the last Wednes- 

d"ay'of January, day in Mav] annually ; or it shall be delivered into the 

me^nt^Art.x. Secretary's office seventeen daj^s at least before the said 

[last Wednesday in May :] and the sheriff of each county 

shall deliver all such certificates by him received, into 

the secretary's office, seventeen days before the said [last 

Wednesday in May.] 

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 

wno pay Boate '■ i -i • i i j_ ^1 

taxes, may vote, be empowcrcd and required to assess taxes upon them- 
selves toward the support of government, shall have 
the same privilege of voting for councillors and senators 
in the plantations where they reside, as town inhabitants 
have in then* respective towns ; and the plantation meet- 
ings for that purpose shall be held annually [on the ^ame 
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 theu' 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. 
Governor and HI. And that there may be a due convention of sena- 
a^in"and count tors Oil the [last Wednesday in iMay] annually, the gov- 
lummo^nJls!^"^ cmor with five of the council, for the time being, shall, 
to totwednls. as soon as may be, examine the returned copies of such 
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. 
Senatetobe^ IV. The Senate shall be the final judge of the elec- 

eiections, etc., tloiis, rctums and qualifications of their own members, as 



day in January ypporfl ^ 

by amendments, i*-^'WJ->^'^ 

Art. X. 

Majority 

changed to 

plurality by 

amendments. 

Art. XIV. 



CCAOIOXAVEALTIi OF MASSACHUSETTS. 15 

pointed out in the constitution : and shall, [on the said °^;f^" '"«'"- 
last AVodnesda}' in May] annually, determine and d(H'larc Time changed 
who are elected by each district to be senators [by a day of January 
majority of yotes ; and in case there shall not appear to iifentorAVt. x. 
be the full number of senators returned elected by a ^langel to 
majority of yotes for any district, the deficiency shall be ^amendments 
supplied in the following manner, yiz. : The members of Art. xiv. 
the house of representatiyes, and such senators as shall 
be declared elected, shall take the names of such persons 
as shall be found to haye the highest number of votes 
in such district, and not elected, amounting to twice the 
number of senators wanting, if there be so many yoted 
for ; and out of these shall elect by ballot a number of yf^j"*^^*^*' ^"^ 
senators sufficient to fill up the yacancies in such district ; changed to 
and in this manner all such yacancies shall be filled up in pe^oVie^ ^ 
eyery district of the commonwealth ; and in like manner me^nt^An. 
all yacancies in the senate, arising by death, removal out ^^^• 
of the state, or otherwise, shall be supplied as soon as may 
be, after such vacancies shall happen.] 

V. Provided, nevertheless, that no person shall be Qualifications 
capable of being elected as a senator, [who is not seised Property qii'aii- 
in his own right of a freehold, within this commonwealth, fs°hed°° '*'^°^" 
of the value of three hundred pounds at least, or possessed me^ntrArt 
of personal estate to the value of six hundred pounds at ^^^l- , 

1 fii 1 /•! 1-11 For further pro- 

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

has not been an inhabitant of this commonwealth for the also amen'd.^^ 

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

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

district for which he shall be chosen. 

VI. The senate shall have power to adjourn themselves, senate not to 
provided such adjom-nments do not exceed two days at a fhlnTwo^a^s. 
time. 

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

... ,y. T 1 . . ^ 1 (• ^** officers and 

point its own otncers, and determine its own rules oi establish its 

1 . rules. 

proceedings. 

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

house of representatives, against any officer or officers 
of the commonwealth, for misconduct and mal-administra- 
tion in their offices. But previous to the trial of every 
impeachment the members of the senate shall respectively 
be sworn, truly and impartially to try and determine the Oath. 
charge in question, according to evidence. Their judg- Limitation of 
ment, however, shall not extend further than to removal ^^°*®"''®- 
from office and disqualification to hold or enjoy any place 



16 



CONSTITUTION OF THE 



•Quorum. See 
amendments, 
Arts. XXII. 
and XXXin. 



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

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



CHAPTER I 



Eepresentation 
of the peoiJle. 



Representa- 
tives, by whom 
chosen. 
Superseded by 
amendments. 
Arts.Xll. and 
XIII., which 
were also 
superseded by 
amendments. 
Art. XXI. 
7 Mass. 523. 



Proviso as to 
towns having 
less than luU 
ratable polls.' 



Towns liable to 
fine in case, etc. 



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



Qualifications 
of a repre- 
sentative. 



Section IH. 
House of Representatives. 

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

II. [And in order to provide for a representation of 
the citizens of this commonwealth, founded upon the prin- 
ciple of equality, every corporate town containing one 
hundred and fifty ratable polls may elect one represents 
ative ; every corporate 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 
nesflect to choose and return members to the same, ao-ree- 
ably to this constitution. 

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

HI. Ever}^ member of the house of representatives 
shall be chosen by written votes ; [and, for one year at 



COMMONWEALTH OF MASSACHUSP^TTS. 17 

least next procedino; bis election, shall have been an inliab- New provision 
itiint of, and bave been seised in his own right of a free- seeamcnd^"*^^' 
hold of the value of one hundred pounds within the town xxT'^**" 
he shall be chosen to represent, or any ratable estate to AcaUol^JabTK ' 
the value of two hundred pounds ; and he shall cease to isiied by amend- 
represent the said town iuiniediately on his ceasing to be xiii. ' 
qualitied as aforesaid.] 

IV. [Every male person, being twent3'-one years of Qualifications 
age, and resident in any particular town in this common- These pro- 
wealth for the space of one year next preceding, having a sided by"^^'' 
freehold estate within the said town of the animal income ^^fJlm'ifxx:., 
of tlii'ee pounds, or anj^ estate of the value of sixty pounds, xxx^^xxxi 
shall have a right to vote in the choice of a representative ^nd x'xxii. 

, .^ I. ,1 .T , -I bee also ameud- 

or representatives lor the said town. J ments, Art. 

V. [The members of the house of representatives shall wasanniuiedby 
be chosen annuallv in the month of ]Mav, ten davs at least ;^'^- ^''^'^^• 

, (, IT ttt' t 1 /• 1 ' 1 -1 ' Kepresenta- 

betore the last V\ ednesdav ot that month.] tives, when 

-' chosen. 

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

Art. XV. 

YI. The house of representatives shall be the orand House aione 

^,. ^ ,, 111' 1 can impeach. 

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

YII. All monev bills shall originate in the house of House to origi. 

. ^ . 1 " J J 1 ; °^*® 3ll 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 adjoiu'n themselves ; provided such adjournment shall ™a°y7.*^*'^*'^° 
not exceed two days at a time. 

IX. rXot less than sixtv members of the house of Quorum, see 

, ,. 1 11 J • " /> T • 1 • amendments, 

representatives shall couvStitute a ciuorum tor doino; busi- Arts. xxi. and 

' -1 1 & XXXIII. 

ness.] 

X. The house of representatives shall be the judge of To judge of 
the returns, elections, and qualitications of its own mem- itsown'mem- 
bers, as pointed out in the constitution ; shall choose their itroflicers an^ 
own speaker ; appoint their own otiicers, and settle the rules! et'c.'^'' 
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^^^ay, 226. 
to the house, by any disorderly or contemptuous behavior 

in its presence ; or w'ho, in the town where the general 
court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, 
for anv 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 



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

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

XL The senate shall have the same powers in the like 

cases ; and the governor and council shall have the same 

General limita- authority to punish in like cases : provided, that no impris- 

u Gray, 226. onmcut ou 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 thirty days. 

TOmmufee^or^^ ^^^'^ ^^^® Senate and house of representatives may try 

otherwise.' and determine all cases where their rights and privileges. 

are concerned, and which, by the constitution, they have 

authority to try and determine, by committees of their own 

members, or in such other way as they may respectively 

think best. 



CHAPTER II, 



Governor. 



His title. 

To be chosen 
annually. 
Qualifications. 
See amend- 
ments, 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. 



EXECUTIVE POWER. 

Section I. 

Governor. 

Article I. There shall be a supreme executive mag- 
istrate, who shall be styled — The Governor of the 
Commonwealth of Massachusetts ; and whose title 
shall be — His Excellency. 

II. The governor shall be chosen annually ; and no 
person shall be eligible to this ofBce, unless, at the time of 
his election, he shall have been an inhabitant of this com- 
monwealth for seven years next preceding ; [and unless he 
shall at the same time be seised, in his own right, of a 
freehold, within the coiUmonAvealth, of the value of one 
thousand pounds ;] [and unless he shall declare himself to 
be of the Cliristian religion.] 

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



co:\[iMONAVKAi;rii of massachuskits. id 

a list of the persons voted for, with the number of votes 
for eaeh 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 meetino-; and shall, in the \)vvs- An. ii. 
ence of the inhabitants, seal up eo})ies of the said list, 
attested b}' him and the selectmen, and transmit the sam(> 
to the sheritf of the county, thii'tj days at least before the 
[last Wednesday in May] ; and the sherifl" shall transmit Z'Z^twldll^. 
the same to the secretarv's office, seventeen days at least day of Jamiary 
betore the said [last Wednesday in MayJ ; or the select- uieuts, Art. x. 
men may cause retiu'iis of the same to be made to the 
office of the secretary of the commonwealth, seventeen 
days at least before the said day ; and the secretary shall 
la}^ the same before the senate and the lunise of re})re- 
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 atnlndmeuts, 
the votes retm*ned, the choice shall be by them declared ^"-^^v- 
and published : but if no person shall have a [majority] of whrnVo^peVson 
votes, the house of representatives shall, by ballot, elect b^«api"'-a"ty. 
two out of four persons who had the highest number of 
votes, if so many shall have been voted for ; but, if other- 
wise, out of the number voted for ; and make return to 
the senate of the two persons so elected ; on which the 
senate shall proceed, by ballot, to elect one, who shall be 
declared governor. 

IV. The governor shall have authority, from time to Power of gov- 
time, at his discretion, to assemble and call together tlie governor aud 
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 Mayadjoumor 
full power and authority, during the session of the gen- genera"court 
eral court, to adjourn or prorogue the same to any time and^Jn^ene'' 
the two houses shall desire ; [and to dissolve the same on As^to^ditsoiu- 
the day next preceding the last Wednesday in May ; and, ^en'tfYrt'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 
court is next at any time to convene, or any other cause 



20 



CONSTITUTION OF THE 



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

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



Governor to be 
commander-in- 
chief. 



Limitation. 



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

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

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

Vn. The governor of this commonwealth, for the time 
being, shall be the commander-in-chief of the army and 
navy, and of all the military forces of the state, by sea 
and land ; and shall have full power, by himself, 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, sla}^, and destroy, if necessary, and con- 
quer, by all fitting ways, enterprises, and means whatso- 
ever, all and ever}^ 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 
nrmy and navy, and over the militia in actual service, tlie 
law-martial, in time of war or invasion, and also in tmie 
of rebellion, declared by the legislature to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, with their ships, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or annoying this com- 
monwealth ; and that the governor be intrusted Avith all 
these and other powers, incident to the offices of cai>- 
tain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the con- 
stitution, and the laws of the land, and not otherwise. 

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



COMMONWEALTH OF MASSACHUSETTS. 21 

£fi"aiitod, or hereafter to be omnted to him by the legis- 
lature, tiiins})ort any of the inhabitants of this common- 
wealth, or oblioe them to march out of the limits of the 
same, without theh- free and voluntary consent, or the con- 
sent of the general court ; except so far as may be neces- 
sary to march or transport them by land or water, for the 
defence of such part of the state to which they cannot 
otherwise conveniently have access, 

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

-. *^ • ^^ conviction. 

notwithstanding any general or particular expressions 109 Mass. 323. 
contained therein, descriptive of the offence or offences 
intended to be pardoned. 

IX. All judicial officers, [the attorney-general,] the judicial om- 
solicitor-general, [all sheriffs,] coroners, [and registers of nominated a°nTi 
probate,] shall be nominated and appointed by the gov- Kor°p?ov'i6ion8 
ernor, bv and with the advice and consent of the council ; ^f auorney'^ 
and every such nomination shall be made by the o-overnor, general, see 

•^ - . -, "^ P amendments, 

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 Limitation of 
list of their respective companies, [of twenty-one years b|\mend^-°"* 
of age and upwards ;] the field officers of regiments shall ments, Art.v. 
be elected by the written votes of the captains and subal- 
terns of their respective regiments ; the brigadiers shall be 
elected, in like manner, by the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- Howcommis- 
missioned by the governor, who shall determine their rank. "°°^ ' 

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

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

•f G _ ii_ J_ how appomted 

house 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 



CONSTITUTION OF THE 



OflBcere duly 
commiBBioned, 
how removed. 
SuperBeded by 
amendments, 
Art. IV. 



Adjutants, etc., 
how appointed. 



Army oflBcers, 
how appointed. 



Organization of 
militia. 



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



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



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

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

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

The governor, Avith 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 ap})oint, 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. 

XL No moneys shall be issued out of the treasury of 
this commonwealth, and disposed of (except such sums as 
may be appropriated for the redemption of bills of credit 
or treasurer's notes, or for the payment of interest arising 
thereon) but by warrant under the hand of the governor 
for 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 
su})erintending officers of public magazines and stores, 
belonfjinof to this commonwealth, and all commanding 
officers of forts and garrisons within the same, shall once 
in every tliree months, officially, and without requisition, 
and at other times, when required by the governor, deliver 
to him an account of all goods, stores, provisions, ammu- 
nition, cannon with their appendages, and small arms 
with their accoutrements, and of all other public property 
whatever under their care respectively ; distinguishing the 
quantity, number, quality and kind of each, as particu- 
larly as may be ; together with the condition of such forts 
and jrarrisons 



ga 



and the said commanding officer shall 



COMMONWExVLTH OF MASSACHUSETTS. 23 

exhibit to the governor, when required by him, true and 
exact i)lans of such forts, and of the hind and sea or har- 
bor or harbors, adjacent. 

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

XIII. As the public good requires that the governor salary of 
should not be under the undue influence of any of the g°v«™°»'' 
members of the general court by a dependence on them 
for his support, that he should in all cases act with free- 
dom for the benefit of the public, that he should not have 
his attention necessarily diverted from that object to his 
private concerns, and that he should maintain the dignit}^ 
of the commonwealth in the character of its chief masfis- 
trate, it is necessary that he should have an honorable 
stated salary, of a fixed and permanent value, ampl}^ suffi- 
cient for those purposes, and established by standing laws : 
and it shall be among the first acts of the general court, 
after the commencement of this constitution, to establish 
such salary by law accordingly. 

Permanent and honorable salaries shall also be estab- salaries of jus- 
lished by law for the justices of the supreme judicial com't. judrdaiTo^un"^ 

And if it shall be found that any of the salaries afore- salaries to be 
said, so established, are insufiicient, they shall, from time insufflcieut. 
to time, be enlarged, as the general court shall judge 
proper. 

CHAPTER II. 

SECTioisr II. 

Lieutenant- Governor. 

Article I. There shall be annually elected a lieu- Lieutenant- 
tenant-governor of the commonwealth of Massachusetts, fiue*'and'^4uari- 
whose title shall be — His Honor; and who shall be amendmenfsf 
qualified, in point of [religion,] [property,] and residence ^1^.^"*'''^ 
in the commonwealth, in the same manner with the 2:ov- 
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/uraiuy pro- 
be found to have a majority of all the votes returned, the ^^^gnJ^gnt^g 
vacancy shall be filled by the senate and house of repre- Art.xiv. 



24 



CONSTITUTION OF THE 



President of 
coiincil. 
Lieiitenant- 
goverDor 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 majoritv^ of the 
votes of the people to be governor.] 

II. The governor, and in his absence the lieutenant- 
governor, shall 1)e president of the council, but shall have 
no vote in council ; and the lieutenant-governor shall 
ahvays be a member of the council, except when the chair 
of the ofovernor shall be vacant. 

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



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



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

xni. 

Superseded by 
amendments. 
Art. XVI. 



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



CHAPTER II. 
Section III. 

Council, and the Manner of settling Elections hy the 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- 
ino; and directino- the affairs of the commonwealth, accord- 
in or to the laws of the land. 

11. [Nine councillors shall be annuallj' chosen from 
among the persons returned for councillors and senators, 
on the last Wednesday in May, by the joint ballot of 
the senators and representatives assembled in one room ; 
and in case there shall not be found upon the first choice, 
the whole number of nine persons who will accept a seat 
in the council, the deficiency shall be made up by the 
electors aforesaid from among the people at large ; and 
the number of senators left shall constitute the senate 
for the 3^ear. The seats of the persons thus elected from 
the senate, and accepting the trust, shall be vacated in the 
senate.] 



COMMONWEALTH OF MASSACHUSETTS. 25 

IH. The couiK-illors, in the civil arrano-ements of the Rank of 

11 1 11 1 1 > /'J ""i !• i 1. councillors. 

conunonwealth, shall liavc rank next aitcr the heutenant- 
governor, 

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

,. '- T , • , /» ji • iji -1 have more than 

out ot any one district ot this commonwealth. J two. 

Superseded by amendments, Art. XVI. 

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

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

VI. Whenever the office of the governor and lieuten- council to exer- 
ant-governor shall be vacant, by reason of death, absence, "/governorfn 
or otherwise, then the council, or the major part of them, '=^^®'®*<=- 
shall, during such vacancy, have full power and authority 

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

Vn. [And whereas the elections appointed to be made, Elections may 
by this constitution, on the last Wednesday in May annu- untii,"'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 da}- until the same shall be completed. And guJl's^^deTby 
the order of elections shall be as follows : the vacancies in amendments, 

•f ^ ^■^ n 1 r>ii i i Arts. XVI. and 

the senate, n any, siiall nrst be nlled 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. 

SECTiOisr IV. 

Secretary, Treasurer, Commissary , etc. 

Article I. [The secretary, treasurer and receiver- secretary, etc., 
general, and the commissary-general, notaries public, and] hovTcho^en! 
naval officers, shall be chosen annually, by joint ballot of to°eiec«on'Cf ^* 
the senators and representatives in one room. And, that urer*^and^re!*^^^' 
the citizens of this commonwealth may be assured, from ceivergeuerai, 

, •^. , . and auditor and 

time to time, that the moneys remaining in the public attorneygeu- 
treasury, upon the settlement and liquidation of the pub- men'ts.Art. 



26 



CONSTITUTION OF THE 



Treasurer in- 
eligible for 
more than five 
successive 
years. 



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



lie accounts, are their property, no man shall be eligible- 
as treasurer and receiver-general more than five years 
successively. 

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

11. The records of the commonwealth shall be kept in 
the office of the secretary, who may appoint his deputies, 
for Avhose 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 Maes. 557, 
561. 

Justices of the 
peace; tenure 
of their office. 
3 Cueh. 584. 



Provisions for 

holding probate 

courts. 

12 Gray, 147. 



JUDICIARY POWER. 

Article I. The tenure, that all commission officers- 
shall by law have in their offices, shall be expressed in 
their respective commissions. All judicial officers, duly 
appointed, commissioned, and sworn, shall hold their offices 
during good behavior, excepting such concerning whom 
there is different provision made in this constitution : 
})rovided, 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 may, if necessary, be 
renewed, or another person appointed, as shall most con- 
duce to the well-being of the commonwealth. 

IV. The judges of probate of wills, and for granting 
letters of administration, shall hold their coiu-ts 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 liolden at the times 
and places which the respective judges shall du'ect. 



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriage, divorce, and alimony, and ^jvorcT'knd 
all a])peals from the iudoes of i>rol)ate, shall be heard and ?|il"<'"y- 

i i . .' JT 1 ' Mil* other pro- 

determmed bv the governor and council, until the legis- visions made 
latiu'e shall, by laAV, make other provision. 105 Mass. 327. 

^ 116 Mass. 317. 



CHAPTEK IV. 

DELEGATES TO CONGRESS. 

[The deleo-ates of this commonwealth to the congress of Delegates to 

L ^ o _ ^ o congress. 

the United States, shall, some time in the month of June, 
annually, be elected b};^ 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 
INIonday in November then next ensuing. They shall 
have commissions under the hand of the governor, and 
the great seal of the commonwealth ; but may be recalled 
at any time within the year, and others chosen and com- 
missioned, in the same manner, in their stead.] 



CHAPTER V. 

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

Section I. 

The University. 

Article I. Whereas our wise and pious ancestors, so Harvard 
early as the year one thousand six hundred and thirty-six, ^°"®^^- 
laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public employments, both in church, 
and state ; and whereas the encouragement of arts and 
sciences, and all good literature, tends to the honor of 
God, the advantage of the Christian religion, and the great 
benefit of this and the other United States of America, 
— it is declared, that the President and Fellows of Powers, pnvi- 
Harvard College, in their corporate capacity, and Ihl^prlsfdent 
theii' successors in that capacity, their officers and ser- confimler.*' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, aXithorities, rights, liberties, privileges, immuni- 
ties, and franchises, which they now have, or are entitled 



28 



CONSTITUTION OF THE 



All gifts, 
grants, etc., 
confirmed. 



Who shall be 
overseers. 

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



Power of altera- 
tion reserved to 
the legislature. 



to have, hold, use, exercise, and enjoy ; and the same are 
herebj" 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 convej^ances, here- 
tofore made, either to Harvard College in Cambridge, in 
New England, or to the president and fellows of Harvard 
College, or to the said college by some other description, 
under several charters, successiveh" ; it is declared, that 
all the said gifts, grants, devises, legacies, and convers- 
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 Ba}^, 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 clerg}^ in the said act described, con- 
stituted the overseers of Harvard College ; and it being- 
necessary, in this new constitution of government to 
ascertain who shall be deemed successors to the said gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
that the governor, lieutenant-governor, council, and sen- 
ate of this commonwealth, are, and shall be deemed, theu* 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 
gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any 
way appertaining to the overseers of Harvard College ; 
provided, that nothing herein shall be construed to pre- 
vent the legislature of this commonwealth from making 
such alterations in the government of the said university, 
as shall be conducive to its advantage, and the interest 
of the republic of letters, in as full a manner as might 
have been done by the legislature of the late Province of 
the Massachusetts Bay. 



COMMON WKALTII OF MASSACHUSETTS. 29 

CHAPTER V. 
Section II. 

The Encouragement of Literature, etc. 

A^"i.sdoln and knoAvlcdge, as well as virtue, diffused gen- Dutyofiegisiat- 
(M-ally amono- the body of the people, being- necessary for istratesiuTu 
the i[)reservation of their rights and liberties ; and as these poJ^furtherpro- 
depend on spreading the opportunities and advantages of- p„^°f/gc^oois 
education in the various parts of the country, and among see amend- 
the different orders of the people, it shall be the duty xviii. 
of legislatures and magistrates, in all future periods of sos. 
this commonwealth, to cherish the interests of literatm-e io3Ma«s.94,97. 
and the sciences, and all seminaries of them ; especially 
the university at Cambridge, public schools and grammar 
schools in the towns ; to encom'age private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agricultm'c, arts, sciences, commerce, trades, 
manufactures, and a natural history of the country ; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and frugality, honesty and punctuality in their dealings ; 
sincerity, good humor, and all social affections, and gen- 
erous sentiments, among the people. 



CHAPTER VI. 

OATHS AND 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 ofBce, make and subscribe the following- 
declaration, viz. : 

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

' ' ' _ amendiiients, 

gion, and have a firm persuasion of its truth ; and that 1 Art. vii. 
am seised and possessed, in my own right, of the property 
required by the constitution, as one qualification for the 
office or place to which I am elected." 

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



30 



CONSTITUTION OF THE 



Declaration and 
oaths of all 
officers. 



ence of the two houses of assembh' ; 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, militar}^ or other office 
under the government, shall, before he enters on the dis- 
charge of the business of his place or office, take and sub- 
scribe the following declaration, and oaths or affirmations, 



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



Oath of office. 



Proviso. See 
amendments, 
Art. VI. 



[" 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 spmtual, 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 fiu-ther testify and declare, that 
no man or body of men hath or can have any right to 
absolve or discharge me from the obligation of this oath, 
declaration, or affirmation ; and that I do make this ac- 
knowledgment, profession, testimony, declaration, denial, 
renunciation, and abjuration, heartily and truly, according 
to the common meaning and acceptation of the foregoing 
words, without any equivocation, mental evasion, or secret 
reservation whatsoever. So help me, God."] 

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

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

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



co:mmoxwp:altii of massaciiusp:tts. 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, ["/t/o 
su-ear,^' " 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 heljj me, 
God;*' subjoining instead thereof, " TJiis I do under the 
pains and 2jenalties of perjury." 

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

II. Xo governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial court, shall hold any other ofBce or place, hibUeVto°gov- 
under the authoritv of this commonwealth, except such as esceptfetc. 
by this constitution they are admitted to hold, saving that mOTtr!^rt. 
the judges of the said com't ma}^ hold the offices of justices "^^i- 
of the peace through the state ; nor shall the}^ hold any 
other place or office, or receive any pension or salar}^ from 
any other state or government or power whatever. 

No person shall be capable of holding or exercising at f^^e^'^sll''** 
the same time, within this state, more than one of the fol- 
lowing offices, viz. : judge of probate — sheriff — register 
of probate — or register of deeds ; and never more than 
any two offices, which are to be held by appointment of 
the governor, or the governor and council, or the senate, 
or the house of representatives, or by the election of the 
people of the state at large, or of the people of any county, 
militarj' 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 — attorney-general — solicitor- For^furtherpro- 
general — treasurer or receiver-general — judge of probate Scompatm°e 

— commissary-general — [president, professor, or instruc- amendments 
tor of Harvard College] — sheriff — clerk of the house of :^Lt-'^'^ii: ' 

o -J . /•IT Officers of Har- 

representatives — register oi probate — register ot deeds vardcoiiege 

— clerk of the supreme judicial court — clerk of the infe- amendments, 
rior com't of common pleas — or officer of the customs, -'^''t. xxvii. 
including in this description naval officers — shall at the 



32 



CONSTITUTION OF THE 



Incompatible 
offices. 



Bribery, etc., 
disqualify. 



Value of money 
ascertained. 



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



Provisions 
respecting 
commisBions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 59. 

2 Mass. 534. 

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



Benefit of 
habeas corpus 
secured, except, 
etc. 



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

And the same rule shall take place in case any judge of 
the said supreme judicial coui-t, or judge of probate, shall 
accept a seat in council ; or an}^ 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 requii'c. 

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 writs, 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 com-t 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 which have heretofore been adopted, 
used, and approved in the Province, Colon}'", or State of 
Massachusetts Bay, and usualh^ practised on in the courts 
of law, shall still remain and be in full force, until altered 
or repealed by the legislature ; such parts onl}^ excepted 
as are repugnant to the rights and liberties contained in 
this constitution. 

VII. The privilege and benefit of the ^vrit 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 exceedino- twelve months. 



COM.MOX WEALTH OF MASSACHUSETTS. 33 

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

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

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

X. [In order the more eftectually to adhere to the Provision for 
principles of the constitution, and to correct those viola- stitution. 
tions which by any means may be made therein, as well proviMou af to 
as to form such alterations as from experience shall be g^^amSfd-*^' 
found necessary, the general court which shall be in the mente, Art. ix. 
year of our Lord one thousand seven hundred and ninety- 
five, shall issue precepts to the selectmen of the several 

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

And if it shall appear, by the returns made, that two- Provision for 
thirds of the qualified voters throughout the state, who stiYutiolf""" 
shall assemble and vote in consequence of the said pre- 
cepts, are in favor of such revision or amendment, the 
general court shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

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



34 



CONSTITUTION OF THE 



prese^'ing^aud NI. Tlils foriii of govemiTient shall be enrolled on 

constitution^'^ parchmetit, 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 future editions of the said laws. 



AETICLES OF AMENDMENT. 



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



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



Proviso. 

112 Mass. 200. 



Qualificationsof 
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. 



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

Art. IL 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 times, 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 town or district in which 
he may claim a right to vote, six calendar months next 
preceding any election of governor, lieutenant-governor, 
senators, or representatives, [and who shall have paid, 
by himself, or his parent, master, or guardian, any state 



COM^^IONWEALTII OF MASSACHUSETTS. 35 

or county tax, whioh shall, within two years next preced- l^9^'^li^%r^^ 
iuir such election, have been assessed upon him, in any j«^. 

& ' 1111 124 Mass. 59b. 

town or district ot this commonwealth ; and also every For educational 
citizen who shall be, by law, exempted from taxation, 8ee''amend°"' 
and who shall be, in all other respects, qualified as above FoTprovLion ' 
mentioned,] shall have a right to vote in such election of ^1^° ^Ted'n" 
governor, lieutenant-governor, senators, and representJi- ^^^^^\'^li^^ 
tives : and no other ])erson shall be entitled to vote in of war, see 

, ■, . amendmentB, 

such election. Arts. xxviii. 

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

Art. IV. Notaries ])ublic shall be api:)ointed l)y the Notaries pubuc, 

J, ^ . ,. . , ,,, how appointed 

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

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

■-,,,,,,, 7 p 1 . offices of secre- 

mon wealth shall become vacant irom any cause, dm-ing tary and treas- 
the recess of the general court, the governor, with the S' clause 
advice and consent of the council, shall nominate and ame^'ndme^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 same until a successor shall be 
appointed by the general court.] 

Whenever the exigencies of the commonwealth shall ge^^l^^a^be 
require the appointment of a commissary-general, he shall *PP°^°Jg'^' *° 
be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, by law% prescribe. 

All officers commissioned to command in the militia Mmtia officers, 

, T „ /v • 1 ii 1 • liow removed. 

may be removed irom office m such manner as the iegis- 
latiu'e may, by law, prescribe. 

Art. V. In the elections of captains and subalterns who may vote 
of the militia, all the members of theu' respective compa- subalterns'.'^'*" 
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 ^f^l/officlrs'" 
by the constitution, the following oath shall be taken and ctTvi^^lrt i. 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to wit : — 

"I, A. B., do solemnly swear, that I will bear true 
faith and allegiance to the Commonwealth of Massachu- 
setts, and will support the constitution thereof. So help 
me, God." 



36 CONSTITUTION OF THE 

Qu°akeM may Provided, That when any person shall be of the denomi- 

affirm. nation called Quakers, and shall decline taking said oath, 

he shall make his affirmation in the foregoing form, omit- 
ting the word ' ' swx*ar " 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 perjur3\" 
TeBts abolished. Art. VII. No oatli, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be required of the governor, lieuten- 
ant-governor, councillors, senators, or representatives, to 
qualif}^ them to perform the duties of their respective offices. 
of oZfes!'^'"*^ ^^P^T. VIII. No judge of any court of this common- 
122 Mass. 445, ^ycaltli, (cxccpt tlic com't of scssious,) and no person 
i23"Ma98. 525. holdlug any office under the authoritj^ 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 comets of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 
^M*toTion*^*° 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-thu'ds 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 veas 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 jVIASSACHU SETTS. 37 

aiuondiiUMit or unKMidiiioiits to the people ; and if they 
slmll I)e a})proved and ratiiied by a niajority of the (juali- 
fied voters, v()tin<>- thereon, at meetini^s legally warned 
and holden for that }Hirpose, they shall become part of 
the constitution of this commonwealth. 

Art. X. The ])()litical year shall beo-in on the first commencemeut 

T ■, 1 . , • 1 (• 1 1 -ITT 1 1 /.of political 

Uednesday ot ,Iiinuary, instead oi the last Wednesday oi year, 

May ; and the general court shall assemble every year on 

the said first Wednesday of January, and shall proceed, at 

that session, to make all the elections, and do all the other 

acts, which are by the constitution required to be made and 

done at the session which has heretofore commenced on the 

last Wednesday of May. And the general court shall be ^^^°^^^'^''"^' 

dissolved on the da}^ next preceding the first Wednesday 

of January, without any })roclamation or other act of the 

governor. But nothing herein contained shall prevent 

the general court from assembling at such other times as 

they shall judge necessary, or when called together by the 

Sfovernor. The governor, lieutenant-governor and coun- 

cillors, shall also hold theu' respective offices for one year 

next following the fii'st Wednesday of January, and until 

others are chosen and qualified in their stead. 

[The meeting for the choice of governor, lieutenant- Meetings for the 

L & _ o ' choice of gov- 

trovxrnor, senators, and representatives, shall be held on emor, ueuten- 

1 1 -» r 1 /• -vT 1 • 1 ^ ant-governor, 

the second Monday ot iSovember m every year; but etc., when to be 
meetings may be adjourned, if necessary, for the choice This'ciause 
of representatives, to the next day, and again to the next am^e^ndmente'^,^ 
succeeding day, but no further. But in case a second ^'^•^^• 
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 ^'^o^nC^*" 
October, next foUo^ving the day when the same shall be operation. 
duly ratified and adopted as an amendment of the consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 



38 



CONSTITUTION OF THE 



Inconsistent 

provisions 

annulled. 



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



122 Mass. 40,41. 



Census of rata- 
ble polls to be 
taken in 1837, 
and decennially 
thereafter. 
This article was 
superseded by 
amendments, 
Art. XIII , 
which was also 
superseded by 
amendments, 
Art. XXI. 
Representa- 
tives, how 
apportioned. 



January then next following, and until others are chosen 
and qualified in their stead, and no longer ; and the first 
election of the governor, lieutenant-governor, senators, and 
representatives, to be had in vk'tue of this article, shall 
be had conforinablv thereunto, in the month of November 
following the day on which the same shall be in force, and 
go into operation, pursuant to the foregoing provision. 

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

Art. XI. Instead of the third article of the bill of 
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 sevei-al 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 mone}" 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 b}^ such society ; and all religious sects and denomi- 
nations, demeaning themselves peaceably, and as good 
citizens of the commonwealth, shall be equally under the 
protection of the law ; and no subordination of any one 
sect or denomination to another shall ever be established 
by law." 

Art. XII. [In order to provide for a representation 
of the citizens of this commonwealth, founded upon the 
principles of equality, a census of the ratable polls, in each 
city, town, and district of the commonwealth, on the first 
day of May, shall be taken and returned into the secre- 
tary's office, in such manner as the legislature shall pro- 
vide, within the month of May, in the 3^ear of our Lord 
one thousand eight hundred and thirty-seven, and in every 
tenth year thereafter, in the month of May, in manner 
aforesaid ; and each town or citv having three hundred rata- 



co:mmoxavealth of Massachusetts. 39 

ble polls at the last })re('eding dooennial census of polls, 
may elect one representative, and for every four hundred 
and fifty ratable })()lls 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 rttabie^poiis, 
)iolls, at the last preceding decennial census of polls, shall genteT.^''^ 
he nuilti})lied by ten, and the product divided by tliree 
hundred ; and such town may elect one representative as 
many 3^ears within ten years, as three hundred is contained 
in the product aforesaid. 

Any city or town having ratable polls enough to elect fj^relented"^ 
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 years, as four hundred 
and fifty is contained in the product aforesaid. 

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

, j_ ,• • • i <• i 1 1 1 i i unite into repre- 

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

The governor and council shall ascertain and determine, The governor 
within the months of July and August, in the year of our detimu^e'the 
Lord one thousand eight hundred and thirty-seven, accord- re's^ntauvesto' 
ing to the foregoino- principles, the number of representa- which each 

.0 O&i 1' L ^ town 18 entitled. 

tives, which each city, town, and representative district 

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

period of ten 3'ears then next ensuing, that each city, 

town, and representative district may elect an additional 

representative ; and where any town has not a sufficient 

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

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

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

years, thereafter, by the governor and council, and the MceVnev^e"y ^ 

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

shall determine the number of representatives, which each 



40 CONSTITUTION OF THE 

city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 
by each city, town, or representative district is ascertained 
and determined as aforesaid, the governor shall cause the 
same to be published forthwitli for the information of the 
people, and that number shall remain fixed and unalterable 
for the period of ten years. 
Inconsistent ^]j ^jjp provisious of the existino; constitution incon- 

annulled. slstcut with the provlslous hcrciu contained, are hereby 

wholly annulled.] 
habftantf tl°be Art. XIII. [A ccusus of the inhabitants of each city 
taken in 1840 c^j-,(j towu, ou the first dav of May, shall be taken, and 

and decennially ; " , ,,, "^ i ,• i t - 

thereafter, for retumcd iiito tlic Secretary s omce, on or l)eiore the last 
Bentation. day of Juuc, of the year one thousand eight hundred and 

^enlusluler. ^ forty, and of every tenth year thereafter ; which census 
mentl!'A*rte!"^' shall determine the apportionment of senators and repre- 
XXI. and XXII. gentativcs for the term of ten years. 122 Maes. 595. 

frlctl^deciurld The scvcral senatorial districts now existing shall be 
permanent. permanent. The senate shall consist of forty members : 

Provisions astoi, i'iiiii/» 

senators super- and lu tlic year one thousand eight hundred and lorty, 

seded by amend- , , ,i ,i /■, ,i i •^ 

ments.Art. and cvcry tenth 3^ear thereaiter, 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. 

SntatlveVh^w' ^hc meiiibers of the house of representatives shall be 

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

Provisions asto^A.. ii-ii- i 

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

it to an additional rei)resentative. 
Small towns, Evcrv towu containiiio- less than twelve hundred inhab- 

now repre- j o 

eented. itauts shall be entitled to elect a representative as many 

times within ten years as tlie 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. 
uniTe^uito^^ Any two or more of the several towns may, by consent 

representative ^f a maiority of thc legal voters present at a leo'al meet- 

diBtncts. J "^..t" ., 11 1*^^ ij. 

ing, in each ot said towns, respectively, called lor that 
purpose, and held before the fii'st day of August, in the 
year one thousand eight hundred and forty, and every 
tenth year thereafter, form themselves into a representa- 
tive district, to continue for the term of ten years ; and 



coM:\roN WEALTH of Massachusetts. 41 

such (listi-ict shall have all tlio rights, in regard to rcpre- 
sontation. Avhich would belong to a town containing the 
;?anu' number of inhabitants. 

The number of inhabitants which shall entitle a town Basis of 

, 1 , J. i* J J.1 • • repreBeutation, 

to elect one representative, and the mean increasing num- and ratio of 
ber which shall entitle a toAvn 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 inhabitiints, the same addition of one- 
tenth shall be made, respectively, to the said numbers 
above mentioned. 

In the year of each decennial census, the governor and Jn^dc?'Jnci°*to 
council shall, before the first day of September, apportion n^^^er'^of*^® 
the number of representatives which each cit}^ town, and representatives 
representative district is entitled to elect, and ascertain once in every 
how many 3^ears, within ten years, any town may elect a ^^'^y^^''^- 
representative, which is not entitled to elect one every 
3'ear ; and the governor shall cause the same to be pub- 
lished fortliAvith. 

Nine councillors shall be annually chosen from among councillors to 
the people at large, on the first Wednesday of January, the^'peopre at"™ 
or as soon thereafter as may be, by the joint ballot of the Provisions as to 
senators and representatives, assembled in one room, who counciiiorB 

i . ' superseded by 

shall, as soon as may be, in like manner, fill up any vacan- amendments, 

cies that may happen in the council, by death, resignation, 

or otherwise. No person shall be elected a councillor, who Qualifications 

has not been an inhabitant of this commonwealth for the ° '^°^^'^^ °"- 

term of five 3'ears 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 quaim^calion^for 
be refjuired as a qualification for holdino- a seat in either a seat in general 

. ' . . ^ -. . , ~ . ., court or council 

branch 01 the general court, or m 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 pfu?autyof^^^ 
for by the constitution, the person having the highest num- '*'°'^® 
ber of votes shall be deemed and declared to be elected. 

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



42 CONSTITUTION OF THE 

resentatives on that day, a second meeting shall be holden, 
for that })urpose, on the fourth Monda}^ of the same month 
of November. 
Eight council- ^j^rp XVI. Eio-ht councillors shall be annually chosen 

lore to be chosen . . * . . "^ 

by the people, by the inhabitants of this commonwealth, qualified to vote 
598. " ' for governor. The election of councillors shall be deter- 
mined by the same rule that is requu-ed in the election of 
governor. The lesfislature, at its first session after this 
amendment shall have been adopted, and at its fii'st ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
dutJ-icfs^tate" 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- 
wealth into forty senatorial districts, then the legislature 
shall so arrange the councillor districts, that each district 
shall consist of five contiguous senatorial districts, as 
they shall be, from time to time, established by the legis- 
definecu"^ 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- 
?e?of°e^ectton tiou. The day and manner of the election, the retm-n 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 ^^Yhenevcr there shall be a failure to elect the full num- 
Kornewpro- jh^gj. (jf couuciUors, thc vacancics shall be filled in the same 

vision as to ^ .... . . ■, 

vacancies, see manner as is required for filling vacancies in the senate ; 

Art. XXV. ' and vacancies occasioned by death, removal from the state, 

or otherwise, shall be filled in like manner, as soon as may 

Organization of ^e, after such vacancies shall have happened.] And that 

the (government. ' i i • i • • p i 

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



COxMMONAVEALTH OF MASSACHUSETTS. 43 

sliuU ho by them declared and })ublished ; but in ca.se there 
shall be no election of either of said officers, the legislat- 
ure shall proceed to (ill such vacancies in the manner pro- 
vided in the constitution for tlie choice of such officers. 

AiiT. XVII. The secretary, treasurer and receiver- Election of 
general, auditor, and attorney-general, shall be chosen meifauditor,''*' 
annually, on the day in November prescribed for the genefaVby^the 
choice of governor ; and each person then chosen as such, people. 
duly qualified in other respects, shall hold his office for 
the term of one year from the third Wednesday in Jan- 
uary next thereafter, and until another is chosen and 
qualified in his stead. The qualification of the voters, 
the manner of the election, the return of the votes, and 
the declaration of the election, shall be such as are required 
in the election of Governor. In case of a failure to elect Vacancies, how 

~ ^ filled- 

either of said officers on the day in November aforesaid, 
or in case of the decease, in the mean time, of the person 
elected as such, such officer shall be chosen on or before 
the third Wednesday in 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 
vacanc}^ shall occur at any other time, it shall be supplied 
by the governor by appointment, with the advice and con- 
sent of the council. The person so chosen or appointed, 
duly qualified in other respects, shall hold his office until 
his successor is chosen and duly qualified in his stead. 
In case any person chosen or appointed to either of the To qualify 
offices aforesaid, shall neglect, for the space of ten days ^herwi^e office 
after he could otherwise enter upon his duties, to qualify y^^ant.^^'"^'' 
himself in all respects to enter upon the discharge of such 
duties, the office to which he has been elected or appointed 
shall be deemed vacant. No person shall be eligible to Qnaiification 
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 piied"for Bccta 
all moneys which may be appropriated b}^ the state for por'ori^'iMT 
the support of common schools, shall be applied to, and provision as to 



44 



CONSTITUTION OF TIIE 



schools, see 

constitution, 

Part First, Art. 

III. 

12 Allen, 500, 

508. 

103 Mass. 94, 96. 



Legislature to 
prescribe for 
the election of 
sheriffs, regis- 
ters of probate, 
etc. See 
amendmenls. 
Art. XXXVI. 
8 Gray, 1. 
13 Gray, 74. 



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

Census of legal 
voters and of 
inhabitants, 
when taken, 
etc. See 
P. 8. c. 31. 



House of repre- 
sentatives to 
consist of 240 
members. 
Legislature to 
apportion, etc. 
10 Gray, 613. 



expended in, no other schools than those which are con- 
ducted according to law, under the order and superintend- 
ence of the authorities of the town or city in which the 
money is to be expended ; and such moneys shall never 
be appropriated to any religious sect for the maintenance, 
exclusively, of its own school. 

Art. XIX. The legislature shall prescribe, by general 
law, for the election of sheriffs, registers of probate, [com- 
missioners of insolvency,] and clerks of the coiu'ts, by the 
people of the several counties, and that district-attornej'S 
shall be chosen by the people of the several districts, for 
such term of office as the legislature shall prescribe. 

110 Mass. 172, 173. 117 Mass . 602, 603. 121 Mass. 65. 

Art. XX. No person shall have the right to vote, or 
be eligible to office under the constitution of this common- 
wealth, who shall not be able to read the constitution m 
the English language, and write his name : jyrovided, how- 
ever, that the provisions of this amendment shall not apply 
to any person prevented by a physical disability from com- 
plying, with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
sixty 3^ears 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 3'ear one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each cit}^ 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 cit}^, 
said enumeration shall specify the number of such legal 
voters aforesaid, residing in each ward of such city. The 
enumeration aforesaid shall determine the apportionment 
of representatives for the periods between the taking of 
the census. 

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



COMMON WEALTH OF MASSACHUSP:TTS. 45 

pose, as Avoll us in the formation of districts, as liercinafter 
provided, be considered a jmrt of the county of Plymouth ; 
and it shall be the duty of the secretary of the common- secretary Bhaii 
Avealth, to certify, as soon as maA^ be after it is determined cars authorized 
by the legislature, the number of representatives to which coumie'r. 
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 Suifolk, — 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 ma}' 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 first Tuesday 
a shire town of their respective counties, and proceed, as Pr^eldilgs. 
soon as may be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each county equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding Quaiificationsof 
his election, shall have been an inhabitant of the district i22Mlts!'595r' 
for which he is chosen, and shall cease to represent such ^®^* 
district when he shall cease to be an inhabitant of the 
conmionwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- described knd 
tion of each, with the numbers thereof and the number '=®''*''fi^- 
of legal voters therein, shall be returned by the board, to 
the secretary of the commonwealth, the county treasurer 
of each countjs and to the clerk of every town in each 
district, to be filed and kept in then- respective offices. 
The manner of calling and conducting the meetings for 
the choice of representatives, and of ascertaining their 
election, shall be prescribed by law. [Not less than one Quorum, see 
hundred members of the house of representatives shall Art.'xxxm. 
constitute a quorum for doing business ; but a less num- 
ber mav organize temporarily, adjourn fi:-om day to day, 
and compel the attendance of absent members.] 

Aet. XXIL A census of the legal voters of each city S^g^p^^^^^-gi 
and town, on the first day of May, shall be taken and 



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to con- 
sist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments, 
Art. XXXni. 



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 tbe 
senate. 



returned into the office of the secretary of the common- 
Avealth, on or before the last d'dy of June, in the ^^ear 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 sixt3^-five, and of every tenth 
year thereafter. In the census aforesaid, a special enu- 
meration shall be made of the legal voters, and in each 
city said enumeration shall specify the number of such 
legal voters aforesaid, residing in each ward of such city. 
The enumeration aforesaid shall determine the apportion- 
ment of senators for the periods between the taking of the 
census. The senate shall consist of forty members. The 
general court shall, at its first session after each next pre- 
ceding special enumeration, divide the commonwealth into 
forty districts of adjacent territory, each district to contain, 
as nearly as may be, an equal number of legal voters, ac- 
cording to the enumeration aforesaid : jyrovkled, Jiowever, 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
without uniting two counties, or parts of two or more 
counties, into one district. Each district shall elect one 
senator, who shall have been an inhabitant of this com- 
monwealth five 3^ears at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn fi'om 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 Avhich an}^ person of foreign 
birth possessed at the time of the adoption thereof; and, 
j)ror kled, 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. An}^ vacancy in the senate shall be filled 
b}' election by the peo])le of the unrepresented district, 
upon the order of a majorit}^ of the senators elected. 



COMMONWEALTH OF MASSACHUSETTS. 47 

Ai;t. XXV. In case of a vacancy in the council, from vacancies in the 
a failure of election, or other cause, the senate and house 
of representatives shall, b>' concurrent vote, choose some 
eliii'ibk^ person from the people of the district Avherein such 
vacancy occurs, to hll that office. If such vacancy shall 
ha])i)en Avhen the lei>-islature 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. XXYI. The twenty-third article of the articles Twenty-third 
of amendment of the constitution of this commonwealth, ameiidments 
which is as folloM\s, to wit: " No person of foreign birth ^MuUed. 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his naturalization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : provided^ that this amend- 
ment shall not affect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
provided, further, that it shall not affect the rights of any 
child of a citizen of the United States, born during the tem- 
porary absence of the parent therefrom," is hereby wholly 
annulled. 

Art. XXYII. So much of article tAvo of chapter six Provisions of 
of the constitution of this commonwealth as relates to per- vi.,'reiatiDgto 
sons holding the office of president, professor, or instructor v^dTcoiieget'^ 
of Harvard College, is hereby annulled. annulled. 

Art. XXVIH. No person havins; served in the army superseded by 

1 «"' t^ Art XXXT 

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

Art. XXX. No person, otherwise qualified to vote in voters not dis- 
elections for governor, lieutenant-governor, senators, and ^e^sm^oi ^ 
representatives, shall, by reason of a change of residence dencf untirslx 
within the commonwealth, be disqualified from voting for "°°*ofVemOTai. 
said officers in the city or town from which he has removed 



48 



CONSTITUTION OF THE 



Amendments, 
Art. XXVIII. 
amended. 



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



Provisions of 
amendments, 
Art. III., rela- 
tive to payment 
of a tax as a 
voting qualifica- 
tion, annulled. 



Quorum , in each 
branch of the 
general court, 
to consist of a 
majority of 
members. 



Provisions of 
Art. II., § I., 
Chap. II., Part 
II., relative to 
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, annulled. 



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

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

Art. XXXII. So much of article three of the amend- 
ments of the constitution of the commonwealth as is con- 
tained in the following words : " and who shall have paid, 
by himself, or his parent, master, or guardian, any state or 
county tax, which shall, within two years next preceding 
such election, have been assessed upon him, in any town 
or district of this commonwealth ; and also every citizen 
who shall be, b}^ 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 
liranch 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 mucli of article two of section one 
of chapter two of part the second of the constitution of 
the commonwealth as is contained in the following words : 
"and unless he shall at the same time be seised, in his 
own right, of a freehold, within the commonwealth, of the 
value of one thousand pounds " ; is hereby annulled. 

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

iiKMit of tho house, and docs not depart without leave", 
is hereby annulled. 

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



The constitution of Massachusetts was agreed upon by delegates 
of the people, in convention, begun and held at Cambridge, on the 
first day of September, 1779, and continued by adjournments to the 
second day of ]\Iarch, 1780, when the convention adjourned to meet 
on the first "Wednesday of the ensuing June. In the naean time the 
constitution was submitted to the i^eople, to be adopted by them, 
provided two-thirds of the votes given should be in the affirmative. 
When the convention assembled, it was found that the constitution 
had been adopted by the reqixisite number of votes, and the conven- 
tion accordingly Resolved, ' ' That the said Constitution or Frame of 
Government shall talie place on the last Wednesday of October next ; 
and not before, for any iJiorpose, save only for that of making elec- 
tions, asrreeable to this resolution." The first leo-islature 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 Ajiril 9, 1821. 

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

The eleventh ^^icle was adoj^ted 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 adoj^ted by the legislatures of the political 
years 1835 and 1836, resiiectively, and was approved and ratified by 
the people the fourteenth day of November, 1836. 

The thirteenth Article was adopted by the legislatures of the politi- 
cal years 1839 and 1840, respectively, and was aj^proved 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 i^olitical 
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 ye2,rs 1856 and 1857, 
respectively, and ratified by the people on the first day of May, 1857. 



50 CONSTITUTIOX OF MASSACHUSETTS. 

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

The twenty -fourth and twenty-fifth Articles were adopted by the 
legislatures of the political years 1859 and 1860, and ratified by the 
people on the seventh day of May, 1860. 

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

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

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

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

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

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

The thirty -fourth Article was adopted by the legislatures of the 
political years 1891 and 1892, and was ajjproved 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 a^Dproved 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, pi'ohibiting the manufactiu:e 
and sale of Intoxicating Liquor as a beverage, adopted by the legis- 
latures of the political years 1888 and 1889, was rejected b}' the 
people on the twenty-second day of April, 1889.] 

[Proposed Articles of Amendment, (1) Establishing biennial 
elections of state officers, and (2) Establishing l:)iennial elections 
of members of the General Court, adopted by the legislatm-es 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. 

P.age 
Address of both houses of the legislature, judicial officers may be 

removed by governor with consent of council upon, . 26 

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

Quakers, 30,31,36 

Agriculture, arts, commerce, etc., to be encouraged, ... 29 

Alimony, divorce, etc., 27 

Amendment to the constitution, proposed in the general court, 
agreed to by a majority of senators and two-thirds of 
house present and voting thereon by yeas and nays ; en- 
tered upon the journals of both houses, and referred to 
the next general court ; if the next general court agrees 
to the jiroposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if approved 
by them by a majority vote, becomes a part of the con- 
stitution, 36, 37 

Apportionment of councillors, 24,41,42 

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

Apportionment of senators, 13,40,46 

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

districts, .......... 46 

Apportionment of representatives, 16,39,40,44 

to the several counties, made on the basis of legal voters, . 44 
Armies, dangerous to liberty, and not to be maintained without 

consent of the legislature, ....... 8 

Arms, right of people to keep and to bear, for public defence, . 8 

Arrest, members of house of representatives exempted froiu, 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 Januaiy 

next thereafter, and until another is chosen and qualified, 43 
election determined by legislature, ... ... 43 

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

51 



52 INDEX TO THE CONSTTTUTION. 



Page 



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

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

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

next preceding election or appointment, .... 43 

oftice to be deemed vacant if person elected or appointed fails 

to be qualified 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 ofiice for one year from third Wednesday in JTanuary 

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

election determined by legislature, 43 

vacancy filled in same manner as in office of attorney-general, 43 

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

next preceding election, 43 

oflice 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 j-eas 
and nays, .......... 10 

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

before that time expires, 11,34 

Boards, public, to make quarterly reports to the governor, . . 22 

Body politic, formation and nature of, 3 

title of : The Commonwealth of Massachusetts, ... 10 
Bribery or corruption used in procuring an appointment or elec- 
tion, to disqualify from holding any oftice 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 ai^portionment of 

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



INDEX TO TIIK CONSTITUTION. 53 

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

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

elected by a plurality of votes, 41 

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

force, ........... 32 

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

Commerce, agricultiu'e and the arts, to be encouraged, ... 29 
Commissary-general, apjiointed and commissioned as fixed by law, 25, 35 
Commission ofiicers, tenure of oflice to be expressed in commissions, 26 
Commissioners of insolvency, elected by the peojjle 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 aflixed, 32 

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

members of, may not hold certain state ofiices, ... 36 
Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays ; entered 
ujjon the journals of both houses, and referred to the next 
general court; if the next general court agrees to the 
jiroposition in the same manner and to the same eft'ect, it 
shall be submitted to the i^eojjle, and, if a^jproved by them 
by a majority vote, becomes a part of the constitution, , 36, 37 
Constitution, provisions for revising, ...... 33, 36 

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

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

Coroners, 21 

Corruption or bribery used in procuring any apjiointment 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 office, .......... 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 filled by governor with advice of 
council, .......... 47 

Court, superior, judges not to hold certain other offices, . . 36 
Court, supreme judicial, judges 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 peoi>le of the several counties, . 44 
Courts, probate, provisions for holding, ...... 26 

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

Courts and judicatories may be established by the general court, . 11 

may administer oaths or affirmations, ..... 11 

Crimes and off"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 people of the several districts, . 44 
Districts, councillor, 'eight, each to be composed of five contiguous 

senatorial districts, 42 

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

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

Divorce, alimony, etc., 27 

E. 

Educational interests to be cherished, 29 

Elections ought to be free, 6 

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



INDEX TO THE CONSTITUTION. 5.5 

I'age 
Election of civil officers, meeting to be held annually on the first 

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

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

Election returns, 13,42 

Enacting style of laws, established, ....... 33 

Equality and natural rights of all men, ...... 4 

Estates, valuation to be taken anew once at least every ten years, 12 

Executive depai'tment, notto exercise legislative or judicial powers, 9 

£'a;^:)osiyacto laws, declared unjust and oppressive, ... 9 

F. 

Felony and treason, no subject to be declared guilty of, by the legis- 
lature, .......... 9 

Fines, excessive, not to be imposed, ...... 9 

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

Freedom of speech and debate in the legislature, .... 8 

Freehold, possession of, not required as qualification for seat in the 

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

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

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

G. 

General court, to assemble frequently for redress of grievances, and 

for making laws, ........ 8 

freedom of speech and debate in, ...... 8 

not to declare any subject to be guilty of treason or felony, . 9 

formed by two branches, a senate and house of representa- 
tives, each having a negative on the other, ... 10 
to assemble every year on the first Wednesday of January, at 
such other times as they shall judge necessary, and when- 
ever called by the governor with the advice of council, 10, 19, 37 
may constitute and erect judicatories and courts, ... 11 
may make wholesome and reasonable laws and ordinances not 

repugnant to the constitution, . . . . . . 11 

may provide for the election or appointment of ofiicei's, and 

prescribe their duties, ....... 11 

may impose taxes, etc., to be used for the public service, . 12 
to be dissolved on the day next preceding the first Wednes- 
day of January, 20,37 

travelling expen.ses of members ; provision annulled, . . 16,48 
may be adjourned or prorogTied, 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 bribery, not to hold seat in, ... 32 
may increase property qualifications of persons to be elected 

to office, 32 

certain officers not to have seats in, . . . . . . 31 

may be 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 j^eople of the 

districts, 44 

quorum, to consist of a majorit}' 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 

tei'm of office, 37 

should have an honorable stated salary, 23 

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

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

to appoint the adjutant-general, . .... 22 

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

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

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

to sign all commissions, 32 

election determined by the legislature, 42, 43 

veto power, 10 

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

vacancy in office of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

with advice of council, may adjourn or i^rorogue the legislat- 
ure upon request, and convene the same, .... 19 
may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper i^revailing, . .... 19 
to appoint all judicial officers, notaries public and coroners ; 
nominations to be made at least seven days before ap- 
pointment, 21,35 



INDEX TO THE CONSTITUTION. 



57 



not 



Governor, to appoint oilicers of the continental army, . 

may pai'ilon ollences, but not before conviction, 

may fill vacancy in council occurring when legislature i 
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 guilt}' of disrespect, etc., by imprison 
ment not exceeding thirty days, .... 

(juorum to consist of governor and at least live members of 
the council, ........ 

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



rape 
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, gx-ants and convey- 
ances contirmed, . . . . . . . . 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 tines upon towns not choosing members, . . 16 
expense of travel once every session each way, to be jjaid by 

the government ; provision annulled, . . . . 16, 48 
to enter olyections 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 memlier when ceasing to be 

an inhabitant of the state, 45 

members not to be arrested on mesne process during going 

to, return from, or attending the general assembly, . . 18 

the grand inquest of the commonwealth, 17 

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

concur with amendments, ....... 17 

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

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

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

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



58 INDEX TO THE CONSTITUTION. 

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

may require the attendance of secretary of the commonwealth 

in person or by deputy, 26 

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

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

first Monday of November, ...... 41 

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

Monday of November, . . . . . . . 41, 42 

to consist of two hundred and forty members, apportioned to 
the several counties equall}', 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 tkree representatives, . 45 

board authorized to divide county into districts, to be certi- 
fied to by the secretary, the number of representatives to 
which the county is entitled, ...... 45 



Impeachments, by the house of representatives, to be tried by the 
senate ; limitation of sentence ; party convicted liable to 
indictment, . . . . . . . . . . 15, 16 

Incompatible offices, 31,36 

" Inliabitant," the word defined, 13 

Inhabitants, census to be taken in 1865, and every tenth year there- 
after, 38,40,44,45 

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

counties ; annulled, . . . . . . . . 44, 49 

Instruction of representatives, 8 

J. 

Judges of courts may not hold certain other offices, . . . 31,36 
Judges of the supreme judicial court, to hold office during good 
behavior, and to have honoralsle 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 ofiices, 31 

Judicatories and courts, may be established by the general court, . 11 

may administer oaths or affirmations, . . . . . 11 

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



INDEX TO THE CONSTITUTION. 59 

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

to hold office during good behavior, except when otherwise 

provided by the constitution, 26 

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

of both houses of the legislature, 26 

Jury, trial by, right secured, 7 

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

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

L. 

Law-mai-tial, only those employed in the army and navy, and the 
militia in actual service, subject to, except liy 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 x>ost facto, prohibited as unjust and inconsistent with free 

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

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

Legislative power, 9 

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

Legislature (see General Court). 

Liberty of the i^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 i^resident of the coimcil, . 24 
to be acting governor when the chair of the governor is 

vacant, .......... 24 

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

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

term of office, .......... 37 

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

M. 

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

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

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

concurrent vote, ......... 21 

may appoint their aids, ........ 22 

Marriage, divorce and alimony, ....... 27 



60 



INDEX TO THE CONSTITUTIOX 



Pase 



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

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

captains and subalterns, elected by the train-bands, 

all members of companies may vote, including minors, . 

field officers, elected by captains and subalterns, 

brigadiers, elected by field oflicers, 

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 appoint ofiicers, ....... 

officers commissioned to command may be removed as may 

be prescribed by law, 

appointment of staif 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 approj)riated for public or common schools, not 

to be applied for support of sectarian schools, . 
Moral obligations of lawgivers and magistrates, . 
Moral qualifications for office, 



21 
21,35 
35 
21 
21 

21 
21 

22 

22,35 
22 
22 
22 

32 
17 

43 



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

.address of both houses, 35 



o. 

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

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

forms of, 29,30,35 

Quakers may affirm, 30, 36 

to be taken by all civil and military officers, .... 86 

Objects of government, . . 3, 6 

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

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

Office, rotation in, right secured, 6 

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



IXDEX TO THE CONSTITUTION. 



ni 



Oflice, no person eli<2:ible to, unless they can read and write, . 44 
Otlk-ers, civil, legislature ma\' provide lor the naming and settling 

of, . . . \ . 11 

OlVicers, commission, tenure of office to be expressed in commis- 
sions, 2G 

Officers, judicial, to hold office during good l^ehavior, except, etc., 2(5 
may be removed by governor, with consent of council, ujjon 

the address of both houses of the legislature, ... 26 

Officers of former government, continued, ..... 83 

Officers of the militia, election and api:)ointment of, ... 21 

removal of, 22, 35 

Officers and magistrates, accountable to the people, ... 5 
Offices, plurality of, prohibited to governor, lieutenant-governor 

and judges, 31,36 

incompatible, ......... 31,32,36 

Organization of the militia, ........ 22 



P. 

Pardon of offences, governor with advice of council may grant, l)ut 
not before conviction, ........ 

People, to have the sole right to govern themselves as a ft-ee, 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 

instruct 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 inliabitants 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, ratable, census of, ...... . 

Preamble to constitution, 

Press, lil)erty of, essential to tlie security of freedom. 
Private property taken for public uses, compensation to be 

for, 

Probate courts, provisions for holding, .... 
regist-ers, elected by the lieojile of the several counties, 
judges may not hold certain other offices. 
Property qualification, may he increased by the legislature, 

partially abolished, 

of governor, annulled, 

Prosecutions for crimes and offences regulated. 

Provincial laws, not repugnant to the constitution, continued in 

force, ........... 



made 



21 
6 



21 



14 
31 

41 

37 

38 

3 



6 

26 
,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 people to secure rotation, .... 6 

all persons having the prescribed qualifieatious equally eli- 
gible, 6 

Public notary (see Notary public). 

Public religious worship, right and duty of, 4 

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



Q- 

Quakers, may make affirmation, 30, 36 

Qualification of persons to be elected to offii-e may be increased by 

the legislature, 32 

48 
41 



Qualification, property, of governor, abolished. 

Qualification, property, partialh^ abolished, . 

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

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



of governor, ...... 

of lieutenant-governor, .... 

of councillors, ...... 

of senators, ...... 

of representatives, ..... 

of secretary, treasurer, auditor, and attorney-general, . . 43 

8 

of regiments, . 22 

. 19,24,42 

. 16, 46, 48 

. 17,45,48 



Qualifications, moral, of officers and magistrates, 
Quartermasters, appointed by commanding officers 
Quorum, of council, . 

of senate, .... 

of house of representatives, 

E. 

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 oftice of the secre- 
tary, 26 

Reo-ister 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 

Relio-ious societies, may elect their own pastors or religious teachers, 5, 38 

membership of, defined, 38 

Religious worship, puldic, 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 

I'age 
Remedies by recourse to the law, to be free, complete and pronii)t, 6 

Representatives (see House ofrejiresentatives). 
Resolves (see Bills and resolves). 

Retm-ns of votes, 13,19,42,43 

Revision of coustitution provided for ill the 3'ear 1795, ... 33 
Rights, declaration of, ........ . 4 



s. 

Sailors and soldiers, who have served, etc., durinj^ time of war, not 
disqualitied 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 sullicient, . . . . . . . . . 9, 23 

School moneys, not to l)e ajJiiroi^riated for sectarian schools, . 44 

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

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

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

to hold office for one year from third Wednesday in January 

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

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

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

vacancy occurring during session of the legislature, filled by 

joint ballot of the legislature from the people at large, . 43 

vacancy occurring when legislature is not in session, to be 
filled by governor, by appointment, with advice and con- 
sent of council, 35, 43 

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

next preceding election or appointment, .... 43 

office to be deemed vacant if person elected or appointed fails 

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

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

may 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 Ihey shall require, 26 

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

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



64 INDEX TO THE CONSTITUTION. 

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

Self-government, right of, asserted, 5 

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

to consist of fort}' members, apportionment, etc.. . . 12,39,46 

to be chosen annually, 13 

governor and at least five councillors, to examine and count 

votes, and issue summonses to members, .... 14 
to be final judges of elections, returns and qualifications of 

their own meinbers, 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 ofticers and establish rules, . . ■. . . 15 
shall try all impeachments, . . . . ,. . .15,17 

quorum of, 16, 46, 48 

may punish for certain ofteuces ; trial may be by committee, . 18 
may require the attendance of the secretary of the common- 
wealth in person or by de]iuty, 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 

Sheritfs, 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 jjence 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 Ibunded on consent, . . . . . .6,8 

Taxes, not to be levied Avithout the consent of the ])eoi)le or their 

representatives, ......... 8 

may be imposed by the lef^islature, ...... 12 

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

years, 12 

Tenui-e that all commission oUicers shall by law have in their 

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

Tests abolished, 36 

Title of bod}- 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 l)y 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 peojile an- 
nually in November, 25, 26, 43 

to hold office for one year from third Wednesday in Januaiy 

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

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

next preceding election or ai:)i}ointment, .... 43 

no man eligible more than live years successively, . . .25, 26 
in failure of election by voters, or in case of decease of pei'son 
elected, vacancy to be tilled 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 j^eople 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 



Q6 INDEX TO THE CONSTITUTION. 

u. 

Page 
University at Cambridge, 27,28,47 



Y. 

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

Vacancy in offices of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

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

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

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

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

election, 43 

occurring during session of legislature, filled by joint l^allot 

of legislature from people at large, ..... 43 
occurring when legislature is not in session, to be filled by 

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

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

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

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

least, 12 

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

Voters, qualifications of, at elections for governor, lieutenant-gov- 
ernor, senators and representatives, . 13, 17, 34, 44, 4G, 47, 48 
not disqualified on account of non-payment of poll tax if they 

have served in the army or navy in time of war, etc., . 48 
male citizens, twenty-one years of age, who have resided in 
the state one year, and within the town or district six 
months, who have paid a state or county tax within two 
years next preceding the election of state officers, and 
such as are exempted by law from taxation, but in other 
respects qualified, and who can write their names and 
read the constitution in the English language, . 17, 34, 44 

the basis upon which the apportionment of rejjresentatives 

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

basis of apportionment of senators, 46 

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

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

plurality of, to elect civil officers, ...... 41 

Voting precincts in towns, 47 



INDEX TO THE CONSTITUTION. 67 



Page 
Worship, i)ublie, the right and duty of all men, .... 4 
^^'rit ofliabeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended by 
legislature, except for a limited time, .... 32 
Writing and reading, necessary qualifications for voting, or hold- 
ing ottice, 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. 



1904. 



l^ The General Court of the year nineteen hundred and four assemljled on 
Wednesday, the sixth day of January. Tlie oaths of office were taken and sul> 
scribed by His Excellency John L. Bates and Ilis Honor Curtis Guild, Jr., 
on Thursday, the seventh day of January, in the presence of the two Houses 
assembled in convention. 



ACTS. 



An Act making appropkiations for the compensation of the (JJkijj^ \ 
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 Rejiresentatives in 
General Conrt assembled, and by the anthority of the same, 
as follows : 

Section 1. The sums heroinafter niontioned are appro- Appropria- 
priated, to be paid out of the treasury of the Coimnonwealth 
froiii the ordinary revenue, for the purposes specified, for 
the year endina" <>n the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

For the compensation of senators, tliirty thousand seven seuators, 

hi 1 1 ^i'i. Ill compensation. 

undred and nit}^ dollars. 

For compensation for travel of senators, a sum not ex- Travel. 

ceeding thirty-two hundred dollars. 

For the compensation of representatives, one hundred Representa- 

,., 1 1 1 1 i/>/»iii tives, compen- 

and eiglity thousand seven hundred and fifty dollars. sation. 

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

For the compensation of the chaplains of tlie senate and <^^iiapiain8. 
house of representatives, three hundred dollars each. 

For the salaries of the clerks of the senate and liouse of senate aud 

house clerks. 

representatives, three thousand dollars each. 

For tlie salaries of the assistant clerks of the senate and ^^i^^^jf,*''"* 
house of representatives, two thousand dollars each. 

For such additional clerical assistance to the clerks of ♦i'""''^' 

assistance. 

the senate and house oi 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 office of the First cierk. 
sergeant-at-arms, twenty-two hundred dollars. 

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



Acts, 1904 — Chap. 2. 



Postmaster, 
messengers, 
etc. 



Senate, 
stationer}'. 

House, 

stationer}'. 



Printing and 
bindini;-, senate 
and house. 



Manual. 



Sergeant-al- 
arms, 
stationer}', etc, 



Senate and 
house, contin- 
gent expenses 



Expenses of 
committees. 



Advertising 
hearings. 



Witness fees. 



For the compensation of assistant doorkeepers, post- 
master, mcsson<>ers and pages to the senate and house of 
representatives, a smii not e.xceeding thirty-one thousand 
five hundred dollars. 

For stationery for the senate, purchased by the clerk, a 
sum not exceed! no- eight hundred dollars. 

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

For printing and landing ordered hy the senate and 
house of representatives, or by concurrent order of the 
two branches, a sum not exceeding thirtj'-five 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 
thousand dollars. 

For books, stationery, postage, printing and advertis- 
ing, ordered by the sergeant-at-arms, a sum not exceed- 
ing one thousand dollars. 

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

For authorized expenses of connnittees of the present 
general court, to include clerical assistance to connnittees 
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 pre- 
})aring and mailing the advertisements to the Various 
newspapers, a sum not exceeding fifteen thousand dollars. 

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

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

Aj)2woved Jannary 15, 1904. 



ChuV. 2 ^'^ ^^^ MAKING AX APPKOPKIATION FOR THE COMPENSATION OF 
THE JOINT SPECIAL COMMITTEE ON THE FEES AND SALARIES OF 
CERTAIN OFFICIALS. 

Be it enacted, etc., as foUoics : 

Section 1. The sum of eleven thousand seven hun- 
dred dollars is hereby ai)pr<)})riated, to be paid out of the 
treasury of the Commonwealtli from the ordinal'}' reve- 
nue, for the compensation of the joint s])ecial committee 



ConipcUHation 
of jiiiiit special 
coininittcf on 
fees and 
salaries of cer- 
tain otticials. 



Acts, 19(U. — CiiAr. o. 5 

appointrd to sit duriuirtlu' recess of the i^eiioral court to 
coiisicU'r the (|uostioii of the fees and salaries of ((ulain 
otiieials. 

Section 2. This act shall take elfeot u[)ou its passage. 

Approved January 20, 1904. 

An A(T to AITIIOKIZE THE TOWN Ob' ARLINGTON TO ESTAULISU (JJifiy) 3 
A BOAliU OF PUBLIC WORKS. 

Be it enacted, etc., as follows : 

Section 1. Tiie town of Arlini::ton shall, at its next T'ownof 

~ . ■ . , , Arlington to 

annual meeting alter the aeecptanee oi this act, elect by cie.t a boani 
ballot a board of public Avorks, consisting of three members. workV. "^ 

Section 2. At the meeting at which this act is ac- Terms of 
cepted, or at a meeting held at least twenty days before 
the annual meeting at which this act is to become oper- 
ative, the town shall vote to elect the members of said 
board of public w^orks either annually for the term of one 
year, or one for the term of one year, one for the term of 
two years, one for the term of three years, and annually 
thereafter one for the term of three years. 

Section o. The provisions of law relating to the com- certain pro- 
pensation, oath of office, entering upon the performance tdaHUy' 
of duties, tenure of office, change in the term of oiiice, 
failure in election, and vac^ancies in the office of selectmen 
are hereby made applicable to the members of said board 
of public works. 

Section 4. U})on the election of said board of ])ublic rowers, 
works all the powers, rights, duties and liabilities of the '"^'^^'^ 
boards of surve3'ors of highways, Avater commissioners 
and sewer commissioners in said town shall be trans- 
ferred to the board of public Avorks created by this act, 
and the boards of surveyors of highways, Avater com- 
missioners and sewer commissioners shall ))e abolished. 
No existing contracts or liabilities shall be atiected hereby. Existing con. 
but the board hereby created shall in all respects, and for affected, etc. 
all purposes Avhatsoever, be the lawful successor of said 
boards of survej^ors of highwa3s, Avater commissioners 
and sewer commissioners. 

Section 5. Upon the election of said board of pul)lic cont-truction, 
Avorks all the poAvers, rights, duties and liabilities of the ways%tcr^ ^' 
selectmen in said toAvn now existing or hereafter created 
by laAv, relating to higliAvays, town ways, the laying out 
and discontinuance of Avays, bridges, sidcAvalks, guide 
posts, monuments at the termini and angles of roads, pub- 



Acts, 1904:. — Chap. i. 



When to take 
effect. 



lie squares, playgrounds, shade trees, sewers, drains, street 
watering, street ligliting, tlie assessment of damages and 
betterments, Avater pipes, gas pipes, conduits, poles, wires, 
street railways, the granting of locations, rights or licenses 
for structures upon, under or over highways or other 
ways, shall be exercised, enjoyed, performed and incurred 
by a board consisting of the selectmen and the board of 
public Avorks created by this act, sitting jointly as the 
board of survey. 

Sectiox 6. This act shall take eifect upon its accept- 
ance by the voters of the town of Arlington within one 
year after the passage of this act at any regular meeting, 
or at any special meeting called for the purpose. 

Approved January 28, 1904. 



Chap. J: 



Appropria- 
tions. 



Commissionerfi 
of savings 
banlis, 
chairman. 
Associate com- 
missioners. 

First clerk. 
Second clerk. 
Third clerk. 



Additional 
clerks, etc. 



Expenses. 
Annual report. 



An Act maiong appropriations for the salaries and expenses 
OF the commissioners of savings banks. 

Be it enacted, etc., as follows : 

Section 1 . The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the CommouAvealth 
from the ordinary revenue, for the purposes specified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

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

For the salaries of the two associate commissioners of 
savings banks, three 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. 

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

Approved January 30, 1904. 



Acts, 1904.— Chaps. 5, (5. 7 

An Act makinc; ArruorinATiONS von salahiks and expenses in /^A^yj^ ": 

THE STATE LIKKAHV. 

Be it enacted, etc., as follows : 

Section 1 . The sums hereiiiaftcr iiRMitioned arc appro- Appropria- 

tiODS. 

priated, to he \)iud out of tlic treasury ot'tlie ( onniionwealtli 
from the ordinary revenue, for the })urposes specilied, for 
the year ending on the thirty-tirst day of December, nine- 
teen hundred and four, to wit : — 

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

For the purchase of books for the state library, sixt}^- Puniiaseof 
five hundred dollars. 

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

For preiiarins: an index to current events and such other i"'iex to 

*— current events 

matters contained in the nc\vspa})ers of the day as may be 
deemed important by the trustees and librarian, a sum not 
exceeding one thousand dollars. 

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

For printing and binding the annual report of the libra- Annual report. 
rian of the state library, a sum not exceeding eight hun- 
dred dollars. 

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

Approved January 30, 1904. 

An Act making; appkopkiations for salaries and expenses f^Jifyn f\ 

IN THE EXECUTIVE DEPARTMENT OF THE COMMONWEALTH. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be })aid out of the treasury of the Commonwealth 
from the ordinary revenue, for the })urposes specified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

For the compensation of the lieutenant governor, tAvo Lieutenant 
thousand dollars; and for that of the executive council, coumi'u'^ *"*'^ 
sixty-four hundred dollars. compensation. 

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



8 



Acts, 1904. — Chap. 7. 



Private 
secretary. 

Executive 
secretary. 

Stenographer. 

Messenger. 

Assistant. 



Executive 

department, 

expenses. 

Postage, 
printing, etc. 

Governor and 

council, 

expenses. 



Postage, 
printing, etc. 

Extraordinary 
expenses. 



Indexes to 
statutes, etc. 



Arrest of 
fugitives from 
justice. 



For the salary of the private secretary of the governor, 
twenty-live hundred dollars. 

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

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

For the salary of the executive messenger, one thousand 
dollars. 

For the salar}^ of the assistant executive messenger, 
eight hundred dollars. 

For contingent expenses of the executive department, 
a sum not exceeding tliree thousand dollars. 

For postage, printing and stationery for the executive 
department, a sum not exceeding eight hundred dollars. 

For travelling and contingent expenses of the governor 
and council, a sum not exceeding three thousand dol- 
lars. 

For postage, printing and stationer}^ for the executive 
council, a sum not exceeding live hundred dollars. 

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

For the preparation of tables and indexes relating to 
the statutes of the present year and previous years, a sum 
not exceeding five hundred dollars. 

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

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

Approved January 30, 1904. 



Chap. 



Appropria- 
tions. 



Auditor. 
First clerk. 



Second clerk. 



An Act making appropuiations fou salaries and expenses in 

THE department OF THE AUDITOR OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1 . The sums hereinafter mentioned are ai)i)ro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes si)ecified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, 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 de- 
partment, twenty-two hundred dollars. 



Acts, 11)01. — Chai-s. 8, 9. 9 

For tho siilurics of the extra cU'rk.s in the auditor's de- Extra cicrks. 
partnient, l\)rty-ti\H' hundred dolhirs. 

For .stenoi;ra})hers and sueh additional eU^rieal assistance stenograviiers, 
as the auditor may find ncecssary for the proper desj)ateh *"■ 
of public business, a sum not exceeding forty-five hundred 
dollai's. 

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

For the compensation of a state ])rinting expert, a sum Printing 
not exceeding fifteen hundred dollars. exper . 

For incidental and contingent expenses in the auditor's Expenses. 
depai'tnient, a sum not exceeding fifteen hundred dollars. 

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

Approced Jamiar>j oO, 1904. 



An Act making appkopkiations fok^tue expenses of the board C^jjf^fj^ Q 

OF FREE PUBLIC LIBRARY COMMISSIONERS. 

Be it enacted, etc., asfoUoivs: 

Section 1. The sums hereinafter mentioned area])pro- Api>ropria- 
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 four, to wit : — 

To carry out the provisions of the act to })romote the Free public 
establishment and efficiency of free public libraries, a sum 
not exceeding two thousand dollars. 

For clerical assistance to and incidental and necessary Expenses. 
expenses of the board of free public library commission- 
ers, the same to include printing and l)inding the annual 
report, a sum not exceeding seven hundred dollars. 

Section 2. This act shall take eflect u})on its passage. 

Approved January 30, 1904. 



Chap. 9 



An Act making appropriations for salaries and expenses in 

THE department OF THE ATTORNEY-GENERAL. 

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 four, to wit : — 



tions. 



10 



Acts, 1904. — Chaps. 10, 11. 



Attorney- 
general. 

Aesistants, etc. 



For the salary of the attorney-general, five thousand 
dollars. 

For the compensation of assistants in the office of the 
attorney-general, and for such additional legal assistance 
as may be deemed necessary in the discharge of his duties, 
and also for other necessary expenses in his department, 
a sum not exceeding forty thousand dollars. 

Section 2. This act shall take etict^t upon its passage. 

Approved January 30^ 1904. 



CJlClV. 10 ^^ ^CT MAKING APPROPKIATIONS FOR THE SALARIES AND EXPENSES 
OF THE STATE BOAKU OF CONCILIATION AND ARBITRATION. 



Appropria- 
tions. 



Board of con- 
ciliation, etc. 



Clerk. 



Expenses. 



Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are appro- 
})riated, to be paid out of the treasury of the Commonwealth 
from the ordinaiy revenue, for the purposes specitied, for 
the year ending on the thirty -iirst day of December, nine- 
teen hundred and four, 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 concili- 
ation and arbitration, twelve hundred dollars. 

For travelling, incidental and contingent expenses of 
the state board of conciliation and arbitration, the same to 
include printing and binding the annual report, also the 
compensation of expert assistants, a sum not exceeding 
thirteen thousand six hundred dollars. 

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

Approved January 30, 1904. 



Ohctn 11 '^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE OFFICE OF THE INSURANCE COMMISSIONER. 

Be it enacted, etc., as folloios : 

Section 1 . The sums hereinafter mentioned are appro- 
priated, to be i)aid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specitied, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, to Avit : — 

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

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



Appropria- 
tions. 



Insurance 
commissioner, 



Deputy. 



Acts, 190.t. — Chap. 12. 11 



For the salary of the actuary in thi; insurance depart- a« tuary. 
nient, two thousand dollars. 

For the salary ol'tlie examiner in the insurance depart- Kxaminer. 
ment, two thousand dollars. 

For the salarj' of the chief clerk in the insurance depart- chief derk. 
ment, two thousand dollars. 

For the salary of the second clerk in the insurance de- second <ierk. 
partment, fifteen hundred dollars. 

For the salary of the third clerk in the insurance depart- Thir.i cierk. 
ment, twelve hundred dollars. 

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

For incidental and contingent expenses of the insurance ExpeuBes. 
connnissioner, a sum not exceeding four thousand dollars. 

For printing and binding the annual report of the insur- Annual report. 
ance commissioner, a sum not exceeding fortj-six hundred 
dollars. 

Section 2. This act shall take eflect u})on its passage. 

Approved January 30, 1904. 

An Act making an ArrKOPKiAxioN fok sukvevs, impkovements (^hf.j^ 19 

AND PRESERVATION OF HARBORS, AND FOR REPAHJING DAMAGES 
OCCASIONED BY STORMS ALONG THE COAST LINE AND RIVER 
BANKS. 

Be it enacted, etc., as follows : 

Section 1. The sum of five thousand dollars is hereby preservation 
appro})riated, to be paid out of the treasury of the (\)m- of. harbors, 
mon wealth from the ordijiary revenue, for surveys of har- 
bors, and for improving and preserving the same, and for 
repairing damages occasioned b}'^ storms along the coast 
line or river banks of the Commonwealth, during the year 
ending on the thirty-tirst day of December, nineteen hun- 
dred and four. 

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

Approved January 30, 1904. 



12 



Acts, 1904. — Chaps. 



Chap. V^ -^^ -^CT MAKING AN 



Massachusetts 
School Fund. 



APPROrRIATION FOR THE MASSACHUSETTS 
SCHOOL FIND. 

Be it enacted^ etc., as follows : 

Section 1. The «uin of one hundred thousand dollars 
is hereby appropriated, to be paid out of the treasury 
of the CommonAvealth from the ordinary revenue, for the 
Massachusetts School Fund, as i)rovided for by section 
two of chapter forty-one of the Revised Laws. 

Section 2. This act shall take etfect u})on its passage. 

Approved January 30, 1904. 



Chap. 11 



Appropria- 
tions. 



Controller of 

county 

accounts. 

First deputy. 
Second deimty. 
Third deputy. 
Expenses. 



An Act makinu appropriations for salaries and expenses in 

THE office of THE CONTROLLER OF COUNTY ACCOUNTS. 

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 oi December, nine- 
teen hundred and four, to wit : — 

For the salary of the ct)ntroller of county accounts, 
twenty-five hundred dollars. 

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

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

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

For travelling and office expenses of the controller of 
county accounts and of his de})uties, to include })rinting 
and binding the annual report, a sum not exceeding four- 
teen hundred and fifty dollars. 

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

Approved January oO, 1904. 



Chap. 15 ^^ ^CT MAKING API 



Appropria- 
tions. 



•PROPKIATIONS FOR THE EXPERIMENT STATION 
AT THE MASSACHUSETTS AGRICULTURAL COLLEGE. 

Be it enacted, etc., as folloivs : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common\vealth 
from the ordinary revenue, for the purposes specified, for 



Acts, 1904. — Chap. K). i:} 

the year oncliii2^ on the thirty-first day of Docoiiilicr, niiio- 
tocn huiuli'tHl and four, to wit: — 

For inaintaininu' an airi-icultural cxix'riniont station at Asncuiturni 
tlio ^lassac'husotts .vgricultural ( oll('i:;(>, tlio sum or t(Mi Htation. 
thousand dolhirs. 

For ('oUcctinir and analyzinir sanii)l('s of concentrated ';""'''tiii>-', 

■^ _ .' o 1 ^ ftc, sainplfs or 

conuncrcia! feed stulfs, a sum not cxccedinii; thre(^ tliou- i""<<'iiir;iu-fi 
sand dollars. iced siutfe. 

Skction 2. This act shall take otlect u})on its passa_i>c. 

Approved JdjiiKirif .'></, 1004. 



Chap. 1(3 



An Act makin*^, AvcHoPRiATroxs fou the Massachusetts acui- 

CULTIKAE C<)LLE<;E. 

Be it enacted., etc., as follouis : 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury' of the Commoinvcalth 
from the ordinarj^ revenue, for the Massachusetts Agricul- 
tural College, for the year ending on the thirt^^-first day 
of L)eceml)er, nineteen hundred and four, to wit : — 

For })roviding eighty free scholarships, the sum of ten Massacimsetts 
thousand dollars. college, 

To be expended under the direction of the trustees, the f ;o'^»f''','' 

*■ , Labor fund, 

sum often thousand dollars, as follows : — Five thousand etL- 
dollars for the establishment of a labor fund to assist 
needy students of said college, and five thousand dollars 
to provide the theoretical and practical education recjuired 
by its charter and by the laws of the United States relat- 
ing thereto. 

For maintenance of the heatinji: and liHitinu- ])lant of '.f'^',^*.'"'? •'"f' , 

i^ '^ • i linlitinn plant. 

the college, the sum of five hundred dollars. 

For maintenance of the dining hall at the college, the oininjf haii. 
sum of five hundred dollars. 

For travelling and other necessary expenses of the trus- Expenses of 
tees of the collei>e, a sum not exceeding: five hundred 
dollars. 

For a maintenance fund for the veterinary laboratory at veterinary 
the college, the sum of one thousand dollars. 

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

Approved Jan nary 30, 1904. 



u 



Acts, 1904. — Chaps. 17, 18. 



Chcqx 17 



Appropria- 
tions. 



Tax 

comniissioner. 

Deputy. 



First clerk. 



Second clerk. 



(Clerical 
assistance. 



Travelling 
expenses. 

Expenses. 



State 
valuation. 



Annual report. 



An Act making appropriations for salaries and expenses in 

THE department OF THE TAX COMMISSIONER. 

Be it enacted, etc., as folloivs : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasur>^ of the Common wealth 
from the ordinary revenue, for the purpose.^ specified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

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

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

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

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

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

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

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

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

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. 

Ap])roved January 30, 1904. 



Chcip. IS ^^' -^CT MAKING AN APPROPRIATION FOR THE WORCESTER POKV- 

TECHNIC INSTITUTE. 



Worcestei' 

Polytechnic 

Institute. 



Be it enacted, etc., as foHoivs : 

Section 1. The sum of six thousand dollars is hereby 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, to the Worcester 
Polytechnic Institute, as provided for by chapter one hun- 
dred and fifty-seven of the acts of the year eighteen hun- 
dred and ninety-nine. 

Section 2. This act shall take ('fleet upon its passage. 

Approved January 30, 1904. 



Acts, 1904:. — Chaps. 19, 20. 15 



An Act making Ai'ruoriaATiONS von the salaries and expenses fil.f.r^^ 1() 

OK THE MASSACHUSETTS HKJinVAY COMMISSION. 

Be it enacted., etc., as follmvs : 

Section 1 . The sunis hereinafter mentioned are appro- Appropria- 
})riated, 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 four, to wit : — 

For the salaries of the Massachusetts highway commis- MaBsafiuisetts 
sion, the sum of eighty-fiv^e hundred dollars. conulTi^sion. 

For the salaries of the engineers, clerks and assistants Engineers, 
in the office of the commission, a sum not exceeding thir- *^" '*'''''^- 
teen thousand dollars. 

For travelling and other expenses of the commission, Expenses. 
including printing, postage and necessary office expenses, 
a sum not exceeding five thousand dollars. 

For rent of offices for the use of the commission, a sum Rent of 
not exceeding forty-seven hundred and fifty dollars. otiicet,. 

For the care and repair of road-building machinery, Roadbuiiding 
a sum not exceeding Hfteen hundred dollars. machinery. 

For expenses in connection with the reoistration of Registration 
motor vehicles, and the licensuig of operators thereof, vehicles, etc. 
a sum not exceeding five thousand dollars. 

For printing and binding the annual report of the com- Annual report, 
mission, a sum not exceeding twelve hundred dollars. 

Section 2. This act shall take effect upon its })assage. 

Ajiproved January 80, 1904. 

An Act making an appropriation for the instruction of the nijrjjx 9() 

ADULT BLIND AT THEIR HOMES BY THE PERKINS INSTITUTION AND 
MASSACHUSETTS SCHOOL FOR THE BLIND. 

Be it enacted, etc., as foUoivs : 

Section 1. The sum of live thousand dollars is hereby instru.tion 
appropriated, to be paid out of the treasury of the Com- *^ '" " 
monwealth from the ordinary revenue, to provide for the 
instruction of the aduh blind at their homes by the Per- 
kins Institution and Massachusetts School for the Blind, 
for the year ending on the thirty-first day of December, 
nineteen hundred and four. 

Section 2, This act shall take eftect upf)n its passage. 

Approved Janvarij 30, 1904. 



16 



Acts, 19(M.— Chaps. 21, 22. 



CllCllJ. 21 -^N -^CT MAKING AN APPROPRIATION FOR THE PERKINS INSTITUTION 
AND MASSACHUSETTS SCHOOL FOR THE BLIND. 

Be it enacted, etc., as folio icfi : 

uftion°an.r"" SECTION 1 . The suHi of till rtj tliousand dollars is hereb}^ 
Massachusetts appropriated, to be paid out of the treasurj^ of the Commou- 
Biiud. wealth from the ordinary revenue, to the Perkins Institu- 

tion and Massachusetts School for the Blind, as provided 
for hy chapter nineteen of the resolves of the year eighteen 
hundred and sixty-nine. 

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

Ajiproved January 30, 1904. 



Chap. 22 



Appropria- 
tions. 



Harbor and 

land 

comniissiouers, 

salaries. 

Clerical 

assistance, etc. 



Travelling 
expenses, etc. 



Office 

expenses. 



Town 

boundary 

atlases. 



An Act making appropriations for the salaries and expenses 
OF THE harbor and l.\nd commissioners. 

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 salaries and expenses 
of the harbor and land commissioners, for the year ending 
on the thirty-tirst day of December, nineteen hundred and 
four, to wit : — 

For the salaries of the commissioners, eighty-seven hun- 
dred dollars. 

For the compensation and expenses of the engineer, and 
for clerical and other assistance authorized by the commis- 
sioners, a sum not exceeding twenty-eight thousand dollars. 

For travelling and other necessary expenses of the com- 
missioners, a sum not exceeding seven hundred and fifty 
dollars. 

For incidental and contingent office expenses of the com- 
missioners, to include printing and binding their annual 
report, a sum not exceeding seventeen hundred and fifty 
dollars. 

For printing town boundary atlases, a sum not exceed- 
ing three thousand dollars. 

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

Approved January 30, 1904. 



Acts, 1904. — Chaps. 23, 24, 25. 17 

An Act makixg ArruoPHiATioxs for the payment of annuities (JJifU) 23 

AND PENSIONS TO SOLDIERS AND OTHERS. 

Be it en acted, etc. , as foUows : 

Skction 1. The sums hereinafter nicntionod are ap})i'()- Appropria- 
priated, to l)e paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the })ayment of annuities 
and pensions (hie from the Conunonwealtk to soldiers and 
others, diu'ing the 3'ear ending on the thirty-first day of 
December, nineteen hundred and four, to Avit : — 

For annuities to soldiers and others, as authorized by Annuities to 
the general court, the sum of fifty-five hundred forty-eight 
dollars and sixteen cents. 

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

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

Apx>roved January SO, 1904. 

An Act making ax appropriation' for the removal of wrecks nf^f.^^ O ( 

FROM TIDE WATERS. 

Be it enacted, etc., as folkncs : 

vSection 1. The sum of fifteen hundred dollars is hereby Removal of 
appropriated, to be paid out of the treasur}' of the Com- from tfde^^^ 
monwealth from the ordinary revenue, for the removal of ^^'"^'^''^• 
wrecks and other obstructions from tide waters, as pro- 
vided for by section twenty-two of chapter ninety-seven 
of the Revised Laws, during the year ending on the thirty- 
first da}' of December, nineteen hundred and four. 

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

Axtproved January 30, 1904. 

An Act making an appropriation for the payment of certain f^hrj^. '>5 

CLAIMS arising F'ROM THE DEATH OF FIREMEN IN THE DISCHARGE 
OF THEIR DUTIES. 

Be it enacted, etc., as foUoios : 

Section 1 . The sum of seven thousand dollars is hereby payment of 
appropriated, to be i)aid out of the treasury of the Com- Juiling ftonr 
monwealth, as authorized by section seventy-seven of flrlmen!'^ °* 
chapter thirty-two of the Revised Laws, for the payment 
of such claims as may arise in consequence of the death 
of firemen belonging to the regularly organized fire depart- 



18 Acts, 1904. — Chaps. 26, 27. 

ment of a city or town, or of members in active service 
of an}" incorporated protective department, or of any i)er- 
son doing duty at the request of or by order of tlie autliori- 
ties of a town whicli 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 end- 
ing on the thirty-first day of December, nineteen hundred 
and four. 

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

Approved January 30, 1904. 



(JhaV. 26 ^^ ^^'^ MAKING AN APPROPRIATION FOR DREDGING A PART OF THE 

SOUTHERLY SHORE OF SOUTH BOSTON. 

Be it en acted, etc. , as folloivs : 

otti&^r^ Section 1. The sum of twenty-five thousand dollars is 
s'loj'eof soutii hereby appropriated, to be paid out of the treasuiy of the 



Commonwealth from the ordinary revenue, to be expended 
by the harbor and land commissioners in dredging a part 
of the southerly shore of South Boston, during the year 
ending on the thirty-first day of December, nineteen hun- 
dred and four. 

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

Approved Jamiary 30, 1904. 



ChCfp. 2iJ -^N -^CT MAKING AN APPROPRIATION FOR PROTECTING THE PURITY 

OF INLAND WATERS. 

Be it enacted, etc., as follows: 

purify of ^ Section 1. A sum not exceeding thirty-four thousand 

Inland waters, dollars Is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for the 
services of engineers, chemists, biologists and other per- 
sons, and for other expenses made necessary and authorized 
by chapter seventy-five of the Revised Laws, in protect- 
ing the purity of inland waters, during the year ending 
on the thirty-first day of December, nineteen hundred and 
four. 

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

Approved January 30, 1904. 



Acts, 1904. — Chap. 28. 19 



An Act making appkopkiations kok salaries and expenses in (JJkij)^ 28 

THE .liniCIAL inCPAUTMENT OK THE COMMONWEALTH. 

Be it ettaded, etc., as folloics : 

Section 1. The snins licrcinaftor niontioncd jiro ii])pro- Appn.iiria- 
priak'd, to be paid out of the treasiuy of the Coninioiiwealth 
from the ordinary revenue, for the purposes specified, lor 
the year endiiia" on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

SUPREME JUDICIAL COURT. 

For travellino- expenses of the chief justice of the supreme supreme 
judicial court, five hundred dollars. ^^^i^^' 

For travelling expenses of the six associate justices of Associate 
the supreme judicial court, three thousand dollars. 

For the salary of the clerk of the supreme judicial court, cierk. 
thi'ee thousand dollars. 

For clerical assistance to the clerk f)f the suiu'cme iudi- ciem-ai 

. .11111 assistauce to 

cial court, five hundred dollars, <ieik. 

For clerical assistance to the justices of the supreme cieri.ai 
judicial court, a sum not exceeding twenty-five hundred justhe""^ 
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 • '^"^^""^' '^ ^• 
and incidental expenses of said reporter, a sum not exceed- 
ing two thousand dollars. 

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

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

SUPERIOR COURT. 

For the salary and travelling expenses of the chief jus- superior court, 
tice of the superior court, seventy-five hundred dollars. *^ '"' •'"^ "^'^■ 

For the salaries and travelling expenses of the twenty- Associate 
two associate justices of the superior court, one hundred ^"*' ''^'^'*- 
and fifty-four thousand dollars. 

For the salary of the assistant clerk of the superior Assistant 
court, five hundred dollars. '^^'^'"^* 



20 



Acts, 1904. — Chap. 28. 



Proliatc and 

insolvency 

judj^fs, 

Barnstal>le. 

Berkshire. 



Dukes County. 

Essex. 

Franklin. 

Ilaiiiijden. 

Hampshire. 

Middlesex. 

Nantucket. 



Suffolk. 



Worcester. 



Acting in 
other counties. 



Register, 
Barnstable. 



Berkshire. 



Bristol. 



Dukes Countv 



COURTS OF PROBATE AND INSOLVENCY. 

For the salary of the jud^c of probate and insolvency 
for the count}^ of Barnstable, thirteen hundred dollars. 

For the salary of the judiie of proliate and insolvency 
for the county of Berkshire, twenty-five hundred dollars. 

For the salary of the judge of probate and insolvenc}^ 
for the county of Bristol, three thousand dollars. 

For the salary of the judiie 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 count}' of Fssex, fortj^-fiNe hundred dollars. 

For the salary of the judge of })robate and insolvency 
for the counly of Franklin, fifteen hundred dollars. 

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

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

For the salaries of the two judges of probate and insol- 
vency for the county of Middlesex, forty-live hiuidred dol- 
lars each. 

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

For the salary of the judge of jirobate and insolvent'}' 
Ibr the county of Norfolk, t^yenty-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 ])robate and in- 
solveiicA' for the count}' of Sulfolk, five thousand dollars 
each. 

For the salary of the judge of pro])ate 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. 

F^or the salary of the register of })robate and insolvency 
for the county of Barnsta])le, thirteen hundred dollars. 

For the salary of the register of ])robate and insolvency 
for the county of Berkshire, eighteen hundred dollars. 

For the salary of the register- of })robate and insolvency 
for the county of Bristol, twenty-five hundi-ed dollars. 

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



Acts, 1904. — Chap. 28. 21 

For the >;ilar\' oi'tlic iVijfistiT of i)r()l)at(' ami insolvency Essex, 
for tlu' ooiiiity ol" Ivssi'x, tliirty-thiH-c hundred dollars. 

For the salary of the register of probate and insolvency Fr.uikiin. 
for the county of Franklin, tifteen hundred dollars. 

For the siilary of the register of probate tind insolvency iiamiHUn. 
for the county of Hampden, tAventy-five hundred dol- 
lars. 

Ft)r the stilary of the register of probate and insolvency ii.iini.siniv. 
for the county of Hampshire, sixteen hundred dollars. 

For the salary of the register of })robate and insolvency isndditBex. 
for the county of ]Middlesex, four thousand dollars. 

For the salary of the register of })ro1)ate and insolvency Nantucket. 
for the county of Nantucket, nine hundred dollars. 

For the salary of the register of probate and insolvency Norfolk. 
for the count}^ of Norfolk, twenty-three hundred dollars. 

For the salary of the register of i)rol)ate and insolvency I'lymoiith. 
for the county of Plymouth, eighteen hundred dollars. 

For the salary of the register of probate and insolvency Suffolk. 
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 rcijister of probate and A'^^ist.uit 

J Ty 1 register, 

insolvency for the county of Bristol, one thousand dollars, isristoi. 

For the salary of the assistant register of prol)ate and Essex, 
insolvency for the count}^ of Fssex, twenty-three hundred 
dollars. 

For the salary of the assistant register of i)robate and Hamp.ien. 
insolvency for the county of Hampden, one thousand 
dollars. 

For the salary of the assistant register of i)robate and ^nddiesex. 
insolvency for the county of Middlesex, twenty-five liim- 
dred dollars. 

For the salary of the assistant register of probate and ^'<JI•folk. 
insolvency for the county of Norfolk, twelve hundred 
dollars. 

For the salary of the assistant register of probate and ^"ft'-'k- 
insolvency for the county of Sufiblk, twenty-eight hun- 
dred dollars. 

For the salary of the assistant register of i)robate and Worcester, 
insolvency for the county of Worcester, twenty-three hiui- 
dred dollars. 

For extra clerical assistance to the register of })robate cierkai 
and insolvency for the county of Bristol, a sum not ex- Biistoi"^*^' 
ceeding four hundred dollars. 



22 



Acts, 1904. — Chap. 28. 



Essex. 



Hamiiden. 



iSIiddlesex. 



Norfolk. 



Suffolk. 



Clerk of 
register, 
Suffolk. 



In the several 
counties ex- 
cept Suffolk. 



Expenses. 



For extra clerical assistance to the register of probate 
and insolvency i'or the county of Essex, a sum iK^t exceed- 
ing twenty-five hundred dollars. 

For extra clerical assistance to the register of })r<)bate 
and insolvency for the county of Iiani})den, a sum not ex- 
ceeding six hundred dollars. 

For extra clerical assistance to the register of prol)ate 
and insolvenc}^ for the county of ]Middlesex, a sum not 
exceeding four thousand dollars. 

For extra clerical assistance to the register of proliate 
and insolvency for the county of Norfolk, a sum not ex- 
ceeding six hundred dollars. 

For extra clerical assistance to the register of ju-obate 
and insolvency for the county of Plymouth, a sum not ex- 
ceeding five hundred dollars. 

For extra clerical assistance to the register of probate 
and insolvency for the county of Suflblk, a sum not ex- 
ceeding flftj'-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 i)robate 
and insolvency for the county of Suffolk, twelve hundred 
dollars. 

For extra clerical assistance to the courts of probate and 
insolvency in the several counties of the Commonwealth, 
excepting Suffolk county, a sum not exceeding nine thou- 
sand dollars. 

For expenses of courts of probate and insolvency, a sum 
not exceeding thirt3'-tive hundred dollars. 



District 

attorney, 

Suffolk: 

First assistant. 



Second 
assistant. 



Clerk. 



District attor- 
ney, northern 
district. 

Assistant. 



DISTRICT ATTORNEYS. 

For the salary of the district attornej' for the Sutlbll; 
district, five thousand dollars. 

For the salary of the first assistant district attorney for 
the Suffolk district, thirty-eight hundred dollars. 

For the salary of the second assistant district attorney 
for th(! Suffolk district, thirty-eight hundred dollars. 

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

For the salary of the district attorney for the northern 
district, three thousand dollars. 

For the salary of the assistant district attorney for the 
northern district, two thousand dollars. 



Acts, IIMM. — Ciiai'. 21). 23 

For the sul.-M y ol" (lie district attonu'V for tlic eastern Eaetim 
distriet, twenty-lour limidred dollars. 

For the salary of the assistant district attornc'y for the AssiBtant. 
eastern distriet, lourteen hundred dollars. 

For the salary oi" the district attorney for the south- ^,"^;',)i^:';'"^'"" 
eastern district, twenty-four hundred dollars. 

For the salary of the assistant district attorney for tlus Assistant. 
southeastern district, fourteen hundred dollars. 

For tlu! salar^' of the district attorney for the southern Southcru 

•^ district. 

district, twenty-two hundred dollars. 

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

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

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

For the salary of the distriet attorney for the western western 

T • distriet. 

district, twenty-one hundred dollars. 

For the salary of the district attorn(>y for the north- SiLr"'*'''" 
western district, thirteen hundred and fifty dollars. 

For the payment of expenses of the state board of bar Bar 
examiners, a sum not exceeding thirteen hundred dollars. 

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

Approved January SO, 1904. 



Ax Act makixo ax ArPROPRiATiox fou the pkesekvatiox of Q^k^^^ 29 

TOAVX RECORDS OF BIRTHS, MARRIAGES AND DEATHS. 

Be it enacted, etc. , as follows : 

Section 1 . A sum not exceeding- fifteen thousand dol- i'/ceS"*"" 
lars is hereby appropriated, to be paid out of the treasury town records. 
of the Common w^ealth from the ordinary revenue, during 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, for the preservation of town records 
of births, marriages and deaths previous to the year eight- 
een hundred and fifty. 

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

Approved Janaar>/ 30, 1004. 



24 



Acts, 1904. — Chaps. 30, 31, 32. 



Chap. 



Report of the 
metropolitan 
water and 
sewerage 
board. 



,30 -^^ Act making an appropriation for printing and binding the 

ANNUAL report OF THE MP:TR0P0L1TAN WATER AND SEWERAGE 
HOARD. 

Be it enacted., etc., as follojvs : 

Section 1. The sum of twenty-five hundred dollars 
is hereby ai)[)ropriated, to be paid out of the treasury of 
the Coninionwealth from the ordinary revenue, for print- 
ing and binding the aniuial report of the metropolitan 
water and sewerage board, the eost of the same to be 
assessed and collected by the treasurer and receiver general 
equally u})on and from the metropolitan water and metro- 
politan sewerage districts. 

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

Approved Jaitaary SO, 1904. 



(Jhcip. 31 '^N Act making appropriations for the board of registration 

IN DENTISTRY. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are appro- 
})riated, to be ])aid out of the treasury of the C*ommon wealth 
from the ordinary revenue, for the board of registration 
in dentistry, for the year ending on the thirty-first day of 
December, nineteen hundred and four, to wit : — 

For the salaries of the members of the board, seventeen 
hundred dollars. 

For travelling and other expenses of the board, a sum 
not exceeding one thousand dollars. 

For clerical services, postage, printing and other neces- 
sary expenses of the board, including the ja'inting of the 
annual report, a sum not exceeding twelve hundred and 
fifty dollars. 

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

Aj^proved Januari/ 80, 1904. 



Appropria 
tionB. 



Board of 
registration In 
dentistry. 

Expenses. 



Clerical 
services, etc. 



Chap. 32 "^^ ^^"^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES AT 

THE MASSACHUSETTS REFORMATORY. 



Appropria- 
tions. 



Be it enacted, etc., as foliates : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be i)aid out of the treasury of Ulie Commonwealth 
from the ordinary revenue, for the Massachusetts re forma- 



Acts, 1904. — Chaps. 33, 34. 25 

tor}', for the yi^ai" ending on the thirl y-tirst day (»f Decem- 
ber, nineteen hundred and Tour, ti) wit : — 

For the salaries of officers, a sum not exeeedini:; eighty- Massacimsctts 

, ] 1 II ' reformatory, 

two tllOUSatUl dollars. salariisof 

For the salaries and wages of instructors, teaclu'rs and ','„I,"t|!|,^.t,„.^ 
other employees, a sum not exceeding twenty-i'our thou- tcaciiers, etc. 
sand nine hundred dollars. 

For otiier current expenses, a sum not exceeding one Expenses. 
hundred and nine thousand seven hundred dollars. 

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

AppruDed Januarii oVJ, 1904. 



Chap. 33 



An Act making Aei-Koi'iuAXioNS for salaries and expenses at 

THE REFORMATORY PRISON FOR WOMEN. 

Be it enacted^ etc., as follows : 

Section 1 . The sums hereinafter mentioned are ai)pro- Appropria. 
priated, to be i)aid out of the treasury of the Commonwealth *"'"■• 
from the ordinary revenue, for the reformatory i)rison for 
women, for the year ending on the thirty-tirst day of 
December, nineteen hundred and four, to wit : — 

For the pajanent of salaries and Avages, a sum not ex- Reformatory 
ceeding twenty-five thousand dollars. womeii,*'* 

For other current exi)enses, a sum not exceeding thirty- J^'^pe^ggg,^' 
two thousand dollars. 

For the town of Framinoham, toward the annual exi)ense Town of 

/..,.. 1 j-'i^i J. c T 1 Framingliam. 

01 maintaining and operating tlu^ system oi sewage uisi^osal 
at said })rison, the sum of six hundred dollars. 

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

Approved January 30, 1904. 

An Act making appropriations for the uoard of registration (JJinjj 3T 

IN medicine. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are apj^ro- Appropria- 
priated, to be paid out of the treasury of the Conunon wealth 
from the ordinary revenue, for the board of registration in 
medicine, for the year ending on the thirty-first day of 
December, nineteen hundred and four, to wit : — 

For the salaries of the meml)ers of the board, forty- Board of 

.,,11,,, registration in 

three hundrc^l dollars. medieinc. 

For travelling and other ex[)enses of the board, a sum Expenses. 
not exceedinii; ei":ht hundred dollars. 



26 



Acts, 1901. — Chaps. 35, 36. 



Clerical 
services, etc. 



For clerical services, printing, })()stage, office supplies 
and contingent expenses of the members of the board, and 
the printing of the annual re})ort, a sum not exceeding 
seventeen hundred and fifty dollars. 

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

ApprovedJanuarn 30, 1904. 



Appropria 
tions. 



State and 
military aid 



Chcip, 35 ^N Act making appropkiatioxs for payment of state and 

MILITARY AID AND EXPENSES IN CONNECTION THEREWITH. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are api)ro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the })urposes s})ecified, for 
the year ending on the thirtv-tirst day of December, nine- 
teen hundred and four, to wit : — 

For repayment to cities and towns of money paid on 
account of state and military aid to Massachusetts volun- 
teers and their families, a sum not exceeding eight hun- 
dred and six thousand dollars, the same to be paid on or 
before the tenth day of December in the year nineteen 
hundred and four. 

For the salary of the commissioner of state aid and pen- 
sions, twenty-five hundred dollars. 

For the salary of the deputy 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 six 
hundred dollars. 

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

Approved January 30, 1904. 



Commissioner 
of state aid 
and pensions. 

Deputy. 



Clerical assist 
ance, etc. 



Chut). 36 ^^ "^*^"^ MAKING APPROPRIATIONS FOR THE TECHNICAL EDUCATIONAL 

FUND, UNITED STATES GRANT. 



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, to enable the treasurer and 
receiver general to comply Avith chapter one hundred 
and nine of the acts of the year nineteen hundred and 
three and to meet the deficit in interest on the bonds in 
the Technical Educational Fund, United States Grant, to 
wit : — 



Acts, 15)04. — Chaps. 87, 38. 27 

For tlu" incoiiu' ol" tlu* Trchiiical Kduciitional Fund, TrrVmli aV ^'''' 
United States (Jnint, the sum of thirty-two hundred and J^''"';'".',"n"i 

.,,.,,, ^ Funfl, United 

eignty-nve dollars. states <i rant. 

To restore to the Technical Kducational Fund, FnittMl T'>n-Kt«rv 

' ccrtaiM amount 

States (tnint, the anu)unt of the premium paid and the i" *""''• 
deficit incurred in reinvesting said fund, the sum of thirty- 
three hundred forty-nine dollars and ninety cents. 

Section 2. This act shall take etfcct ujion its passage. 

A2)proved January SO, 101)4. 

An Act making AreuoeHiATioNS fok !>alakies and expenses at /^A^.^ QT 

THE STATE TKISON. 

Be it enacted, etc., as follows : 

Section 1 . The sums hereinafter mentioned are appro- Appropria- 
priatcd, to be paid out of the treasury of theConunonwealth *'''"^' 
from the ordinary revenue, for the i)urposes si)ecitied, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

For the i)ayment of salaries at the state prison, a sum state prison, 
not exceeding eighty-one thousand dollars. saancs. 

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

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

Approved Januanj 30, 1004. 

An Act relative to the sittings of the superiok court for fij oo 

THE county of BERKSHIRE. -^ 

Be it enacted, etc., as follows : 

Section 1 . Section twentv-four of chapter one hundred '^- ^'■}^l' § '-^' 

1 iif /• 1 Ti • i T • 1 11 amended. 

and ntty-seven ot the lievised l^aws is hereby amended by 
striking out the word " fourth", in the fifth line, and in- 
serting in place thereof the word : — first, — also by strik- 
ing out the words " PVbruary, June", in the same line, 
and inserting in place thereof the word : — April, — so 
that the second paragra})h of said section will read as 
follows : — 

For the county of Berkshire, at Pittsfield, for civil busi- sittings of 

ir>-»ri f iL •^ i^\ ^ supenor court, 

ness, on the hrst Mondays ot April and October ; for county of 
criminal business, on the second Mondays of January and 
July. 

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

Approved February 2, 1904. 



28 



Acts, 1904. — Chaps. 39, 40. 



Publication 
of record of 
soldiers and 
sailors. 



ChdT)' 39 -^^ ^^"^ MAKING AN APPROPKIATION FOR THE PUBLICATION OF A 
RECORD OF MASSACHUSETTS SOLUIERS AN1> SAILORS AVHO SERVED 
IN THE WAR OF THE REBELLION. 

Be it enacted^ etc., as follows : 

Section 1. The sum of ten thousand dollars is hereby 
ai)proi)riated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for expenses in 
connection with the publication of a record of Massachu- 
setts troops and officers, sailors and marines, in the war 
of the rebellion, as authorized by chapter four hundred 
and seventy-five of the acts of the year eighteen hundred 
and ninety-nine. 

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

Approved February .2, 1904. 



Chcqj. 40 



Appropria- 
tions. 



Eno:ineei''s 
department. 



AVat<'hmeu. 



Messengers, 
porters, eti'. 



Telephones. 



Heat, light, etc. 



Care of state 
house, etc. 



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 follows : 

Section 1. The sums hereinafter mentioned are appro- 
])riate(l, to l)e paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the pur})oses specified, for 
the year ending on the thirty-first day of Deceml)er, nine- 
teen hundred and four, to wit : — 

For the salaries of the chief engineer and other employees 
in the engineer's de})artnient, a sum not exceeding twenty- 
seven thousand five hundred dollars. 

For the salaries of the watchmen and assistant watchmen 
at the state house, a sum not exceeding fourteen thousand 
six hundred dollars. 

For the salaries of the sergeant-at-arms' messengers, 
porters and office hoy at the state house, a sum not ex- 
ceeding ninety-five hundred dollars. 

Ft)rrent of telephones and expenses in connection there- 
with at the state house, a sum not exceeding six thousand 
dollars. 

For heat, light and i)ower at the state house, including 
coal, water, gas, and the removal of ashes, a sum not ex- 
ceeding thirty-five thousand dollars. 

For the care of the state house and grounds, including 
repairs, furniture and repairs thereof, and such expenses 



Acts, li)()4. — Chaps. 41, 42. 29 

as may 1)0 neccssarv at the various huildiiiiis now occujiiod 
by stale (lepai'tiiieiils, a sum m)l exceeding twenly-iive 
thousand dollars. 

For new rurniture and fixtures, a sum not execediuii' n.w 

/. .1 1 1 II ■ I'miiiture, etc. 

nve tlunisand dollars. 

For incidental and contingent expenses of the sergeant- i-^xpeuses. 
at-arms, and expense of mailing legislative bulletins, a 
sum not exceeding four hundred and lifty dollars. 

For the salary of the cashier of the sergeant-at-arms, a casbier. 
sum not exceeding one thousand dollars. 

For the salary of the state house matron, a sum not ex- Matron. 
ceeding eight hundred dollars. 

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

Ap^iroved February 5, 1904. 

Ax Act relative to tue holding of primaries before town f^i^f^.^^ 41 

MEETINCJS. 

5e it enacted, etc., as foUotvs : 

Section 1. TheiJrovisions of chaiiter four hundred and Holding of 

... /. 1 . , . 1111 joint caucuses 

httv-tour 01 the acts 01 the year nineteen hundred and before town 

,• . ,. .... ■ i' II i-i^- I I meetings. 

three, providing tor joint caucuses ot all })oliticai and mu- 
nicipal parties, shall not, in towns, apply to caucuses, 
unless the town at an annual meeting hereafter votes that 
primaries shall be held therein in accordance with said act, 
and, if such vote is passed, the provisions of the act shall 
not ap})ly to caucuses for the nomination of town otticers, 
unless expressly provided in the vote. 

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

Approved February 5, 1004. 

An Act makin< j an appropriation for the i'ayment of premiums nij^q-x 4.0 

ON securities purchased for the MASSACHUSETTS SCHOOL 
FUND. 

Be it enacted, etc., as foUoios : 

Section 1. A sum not exceeding fifty thousand dollars Payment of 
is hereby appropriated, to be paid out of the treasury of cemin™^*^" 
the Commonwealth from the ordinary revenue, for the pay- securities. 
ment by the treasurer and receiver general of i)remiums 
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 efiect upon its passage. 

Apprroved February 6, 1904. 



30 



Acts, 1904. — Chaps. 43, 44, 45. 



ChciV' 43 ^^ ^^'^ MAKING APPROPRIATIONS FOR THE SALARY AND EXPENSES 
OF THE COMMISSIONER OF PUBLIC RECORDS. 

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 four, to wit : — 

For the salary of the commissioner of public records, 
twenty-five hundred dollars. 

For travellino-, clerical and other necessary expenses of 
the commissioner of public records, including the printing 
of his annual report, a sum not exceeding twenty-five hun- 
dred dollars. 

For the purchase of ink for pul)lic records, a sum not 
exceeding four hundred dollars. 

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

A2)j)roved February 6, 1904. 



Appropria- 
tions. 



Commissioner 
of public 
records. 

Expenses. 



Purrliase 
of ink. 



ChCiV. 44 ^^ -^CT MAKING APPROPRIATIONS FOR THE COMPENSATION AND 
EXPENSES OF THE BALLOT LAW COMMISSION. 



Appropria- 
tions. 



Ballot law 

commissiou. 

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 s})ecified, for 
the year ending on the thirty-first day of Deceml)er, nine- 
teen hundred and four, to wit : — 

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

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

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

Approved February 6, 1904. 



ChciV. 45 An Act making appropriations for the compensation and 

EXPENSES OF THE CIVIL SERVICE COMMISSIONERS. 



Appropria- 
tions. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
j)riated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 



Acts, 1904. — Chap. 46. 31 

the year endiiiii' on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

For the comiiensation and exiienses of the nicnihers of <;ivii service 
the oivM servu'c commission, a sum not exeoedini*; two 
thousand dollars. 

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

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

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

For clerical assistance, and for office, printing, travel- Expenses. 
ling and incidental expenses of the commissioners, chief 
examiner and secretary, and for advertising and station- 
ery, a sum not exceeding sixteen thousand seven hundred 
dollars. 

For printing and binding ten thousand copies of the Annual report. 
annual report of the civil service commission, a sum not 
exceeding eight hundred and fifty dollars. 

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

Ajiproved Fehrxtary 6, 1904. 



An Act making appropkiations for salaries and expenses in f^l^rirf. A^ 

THE DEPARTMENT OF THE TREASURER AND RECEIVER GENERAL. 

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 s})ecilie(l, for 
the year ending on the thirt3^-first day of Decem1)er, nine- 
teen hundred and four, to wit : — 

For the salary of the treasurer and receiver general of Treasurer. 
the Commonwealth, five thousand dollars. 

For the salary of the first clerk in the treasurer's de- First cierk. 
|)artment, twenty-six hundred dollars. 

For the salary of the second clerk in the treasurer's dp- second cierk. 
partment, twenty-one hundred dollars. 

For the salary of the third clerk in the treasurer's depart- Tinrd cierk. 
ment, eighteen hundred dollars. 

For the salary of the receiving teller in the treasurer's Receiving 
department, eighteen hundred dollars. ^'*"'^'' 

For the salary of the paying teller in the treasurer's de- Paying teller. 
partment, eighteen Innuh-ed dollars. 



32 



Acts, 1904. — CfiAP. 46. 



Assistant 
payinji teller. 



Assistant 
bookkeeper. 



Fund flerk. 



^Yarl•ant clerk. 



Files clerk. 



Legacy 
tax clerk. 



Steno^apher. 
Messenger. 



Clerical 
assistance. 



Expenses. 



Tax on 

collateral 
legacies, etc. 



Deputy sealer 
of weights, etc 

Expenses. 



For the salary of the assisitant paying teller in the treas- 
urers department, one thousand dollars. 

For the salary of the cashier in the treasurer's depart- 
ment, twenty-two hundred dollars. 

For the salary of the assistant bookkee})er in the treas- 
urers de[)artment, twelve hundred dollars. 

For the salary of the fund clerk in the treasurer's de- 
partment, fifteen hundred dohars. 

For the salar}" of the warrant clerk in the treasurer's 
department, twelve hundred dollars. 

For the salary of the tiles clerk in the treasurer's depart- 
ment, nine hundred dolhirs. 

For the salary of the legacy tax clerk in the treasurer's 
department, nineteen hundred dollars. 

For the salary of the stenoarapher in the treasurer's de- 
partment, nine hundred dollars. 

For the salary of the messenger in the treasurers de- 
partment, nine hundred dollars. 

For such additional clerical assistance in the treasurer's 
department as may l)e necessary for the despatch of })ublic 
business, a sum not exceeding thirty-five hundred dollars. 

For incidental and contingent expenses in the treasurer's 
department, a sum not exceeding foiu' thousand dollars. 

For such ex})enses as the treasurer and receiver general 
may find necessary in carrying out the provisions of the 
act imposing a tax on collateral leg-acies and successions, 
a sum not exceeding one thousand dollars. 

For the salary of the deputy sealer of weights, measures 
and balances, fifteen hundred dollars. 

For travelling and other expenses of the deputy sealer 
of weights, measures and balances, a sum not exceeding 
seven hundred dollars ; and for furnishing sets of standard 
weights, ineasm'cs and l)alances 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 four hundred dollars. 

Section '1. This act shall take effect upon its })assage. 

Ax)iiroved February 6", 1904. 



Acts, 11)01. — Chaps. H, 48, 49. 33 

An Act makinu an Ai'riioi'uiA iion kok tiik coMrENSAXioN ok (J]i(ft^ 47 

INSPECT* ) us OK ANIMALS. 

Be it enacted, etc., as foUoirs : 

Skctiox 1. A sum not cxccedini»: sevcnty-tive hundred ''J*!;',^';"';^ 
dollars is hercbv a])propriatcd, to he paid out of the treas- 
ury of the Coninioiiwoalth from the ordinary revenue, for 
the compensation of inspectors of animals, diu'ino- the year 
ending on the Ihirly-llrst day of December, nineteen Inm- 
dred and four. 

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

A^qrroved February 6', 11)04. 



An Act maicixo an Ari-uoi'iMATioN kok the Massachusetts in- (JJki^j 4_g 

STITLTE OK TECUNoLOCrY. 

Be it enacted, etc., as follows : 

Section 1. The sum of tAventy-nine thousand dollars MasHacimsttts 
is hereby appropriated, to he paid out of the treasury Tnhii..i..l'y. 
of the Conunonwealth from the ordinarj^ revenue, to the 
Massachusetts Institute of Technology. 

Section 2. This act shall take effect upon its })assage. 

Approved Febrnary (>, 1904. 



An Act MAKixti apimjokkiatioxs kou the board of registra- Q^iqt) 40 

TION IN PHARMACY. 

Be it enacted, etc., cts follovjs : 

Section 1. The sums hereinafter mentioned are appro- Awnoima- 
]iriated, to be paid out of the treasury of the Conunonwealth 
from the ordinarj^ revemie, for the board of registration 
in pharmacy, for the year ending on the thirty-first day of 
December, nineteen hundred and four, to wit: — 

For the salaries of the members of the board, twenty- Board of 

/• 1 1 1111 rej'istration 

tour hundred dollars. in pharmacy. 

For travelling and other expenses of the members of the Expenses, 
board, a sum not exceeding fourteen hundred and seventy- 
five dollars. 

For the salary and expenses of the agent of the board, Agent. 
a sum not exceeding twenty-four hundred dollars. 

For a stenoofrapher, witness fees, and for incidental and Stenographer, 

•~ i ' \ ^ _ ^ witness 

contingent expenses of the board, including the printing fees, etc. 



34 



Acts, 1904. — Chap. 50. 



of the annual report, a sum not exceeding fifteen hundred 
dollars. 

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

Approved February 6', 1904. 



Chap. 50 



Apiiropria- 
tioiis. 



Prison com- 
missioners, 
chairman. 

Secretarv. 



Clerical 
assistance. 



Travelling 
expenses. 



Expenses. 



Agent for 
aiding dis- 
cliargeii female 
prisoners. 
Exvienses. 



Aiding 
prisoners dis- 
charged from 
reformatory. 
Aiding 
prisoners dis- 
charged from 
state pri.son. 
Removal of 
prisoners. 



An Act making APrnopRiATioNS fok s.\lakies anu expenses in 

THE OFFICE OF THE PRISON COMMISSIONERS, ANU FOR SUNDRY 
REFORMATORY 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 ordinaiy revenue, for the purposes specified, for 
the year ending on the thirty-first da}' of December, nine- 
teen hundred and four, to wit : — 

For the salary of the chairman of the prison commis- 
sioners, four thousand dollars. 

For the salary of the secretary" of the prison commis- 
sioners, twenty-five hundred dollars. 

For clerical assistance in the ofiice of the prison connnis- 
sioners, a sum not exceeding forty-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 conimissioners, a 
sum not exceeding three thousand dollars. 

For incidental and contingent expenses of the prison 
comniissionei-s, including the jn-inting and l)inding of the 
annual rcj)()rt, a sum not exceeding twenty -six 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 such 
prisoners, a sum not exceeding three thousand dollars. 

For aiding prisoners discharged from the Massachusetts 
reformatory, a sum not exceeding five thousand dollars. 

For aiding junsoiu^rs discharged from the state prison, 
a sum not exceeding three thousand dollars. 

For expenses incurred in reiuoving prisoners to and 
from state and county prisons, a sum not exceeding six- 
teen hundred dollais. 

Section 2. This act shall take effect n\nn\ its passage. 

Approved February 6, 1904, 



AcT-s 1904. — Chap. 51. ,% 

An Act makim; ArrKoruiAxioNs for the salaries and expenses ni.r.ry^ rri 

OK THE RAILROAD COMMISSIONERS. ^ 

He it enacted, etc., as fullotcs : 

Section 1. The sums hereinafter mentioned are a])pro- Appropria- 
priattnl, to he paid out of the treasury' of the Commonwealth "^"'" 
from the ordinary revenue, for the purposes specified, for 
the year endinu' on the thirty-first day of Deceml)er, nine- 
teen hunch'ed and four, to wit: — 

For the sahiries of the raih'oad commissioners, thirteen RaiiroatUom- 

ii 1 1 11 iiiissiouers. 

thousand dollars. 

For the salary of the clerk of the railroad commissioners, cieik. 
twenty-tive hundred dollars. 

For the salary of the assistant clerk of the railroad com- Assistant 
missioncrs, a sum not exceedino; twelye hundred dollars. ' '"'^' 

For such additional clerical assistance as the railroad <^''er'<-«' 

assistance. 

commissioners may find necessary for the proper despatch 
of public liusiness, a sum not exceeding twelve hundred 
dollars. 

For the salar}'^ of the accountant of the railroad coinmis- Aocountaut. 
sioners, twenty-five hundred dollars. 

For the salaries and ex[)enses of the steam railroad in- steam raiin.ad 
spectors, a sum not exceedino- nine thousand dollars, .-^i' * oib. 

For the compensation of experts or other agents of the Experts, etc 
railroad commissioners, a sum not exceeding eighty-two 
hundred dollars. 

For rent, care of office and salary of a messenger for Rent, 

,1 .1 1 . . * , 1. rti-, f. niesseujcer, etc. 

the railroad commissioners, a sum not exceeding fitty-hve 
hundred dollars. 

For books, maps, statistics, stationery, incidental and ■st;'ti"'ieiy, et.^ 
contingent expenses of the railroad commissioners, a sum 
not exceeding three thousand dollars. 

For the expenses of taking evidence given at inquests Evidence 
on deaths by accident upon steam and street railways, a "' ""'"''^ ^' 
sum not exceeding three thousand dolUirs. 

For a stenographer and stenographic reports, a sum not stenographer, 
exceeding twelve hundred dollars. 

For printing and binding the annual report of the rail- Annual report. 
road commissioners, a sum not exceeding five thousand 
dollars. 

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

Approved Fehrnary 6, 1904, ' 



36 



Acts, 1904 — Chap. 52. 



Chaj^. 52 



Appropria- 
tions. 



Public 
documeuts. 

Pamphlet 
edition, acts 
and resolves. 



Blue hook. 



Publication 
of laws, etc. 



Reports of 
decisions of 
supreme 
judicial court. 
Purchase 
of paper. 



Assessors' 
books, etc. 



Registration 
books, etc. 



Printing, 
etc., ballots. 

Blank 
forms, etc. 



Blanks. 



Counting 
apparatus. 



An Act making appropriations for printing and binding public 
documents, for purchasing paper, and for publishing laws 
and matters relating to elections. 

Be it enacted, etc. , as follows : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of tlie treasury of the Commonwealth 
from the ordinary revenue, for the purpo.ses specified, for 
the year ending on the thirty-first day of December, nine- 
teen liundred and four, to wit: — 

For printing and binding the series of public documents, 
a sum not exceeding sixteen thousand dollars. 

For printing the pamphlet edition of the acts and re- 
solves of the i)rescnt year, a sum not exceeding four thou- 
sand dollars. 

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

For the newspaper publication of the general laws and 
information intended for the })ublic, a sum not exceeding 
five 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 
two thousand dollars. 

For reiiistration books and blanks, indexinof returns and 
editing the registration report, a sum not exceeding thirty- 
eight hundred dollars. 

For printing and distributing ballots, a sum not exceed- 
ing twelve thousand dollars. 

For blank forms for town officers, election hiAVS and 
instructions on all matters i-elating to elections, and the 
expense of advertising the state ticket, a sum not exceed- 
ing thirty-five hundred dollars. 

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

For the purchase of apparatus to be used at polling 
jdaces in the canvass tuid count of votes, a sum not ex- 
ceeding five hundred dollars. 

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

Apjjroved February 6, 1904. 



Acts, 11)01. — Chap. 58. 37 



An Act makinc; APruoi'iJiATiONs kok sai.akiks ani> kxim:n.m..s in /^y/,,,,, -o 

TlIK DEPAKTMKNT oK THE SECUETAKV OF THE COMMONWEALTH. 

Be it enacted, etc., as follows : 

Skction 1. Tlu' sums licrciniiftcr mentioned ;irc appro- Aiipropria, 
])riatcd, to be paid out of the treasury oitlie ( 'ommonwealtli 
from the ordinar}' revenue, for the purj)oses specified, for 
the year ending on the thirty-lirst day of December, nine- 
teen hundred and four, to wit : ■ — 

For th(^ salary of the secretary of the Commonwealth, i;f;[,^*^?;>'^j. 
thirty-tive hundred dollars. monweaith. 

For the salary of the first clerk in the secretary's depart- ^'i'l^t 'itrk. 
ment, twenty-five hundred dollars. 

For the salary of the second clerk in the secretary's de- seron<i clerk. 
j)artment, twenty-two hundred dollars. 

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

For the salary of the cashier in the secretary's de})art- t-«ehier. 
ment, a sum not exceeding twelve hundred dollars. 

For messengers and such additional clerical assistance Extra 
as the secretary may find necessary, a sum not exceeding messengers. 
twent^^-seven thousand two hundred dollars. 

For incidental and contingent ex})enses in the secretary's Expenses. 
department, a sum not exceeding thirty-seven hundred 
and fifty dollars. 

For the arniniifement and i)reservation of state records Arransement 

T ■ , T !• ii 1 1 11 of records, etc. 

and papers, a sum not exceeding tour thousand dollars. 

For postage and exj)ressage on documents to memliers PoBtage.etc 
of the genei-al court, and for transportation of documents 
to free public libraries, a sum not exceeding twenty-five 
hundred dollars. 

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

For the purchase of histories of regiments, batteries and Regimental 

•1- • • • 1 AT 1 histories. 

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 eftect upon its })assage. 

Approved February 6', 1904. 



38 Acts, 1904. — Chaps. 54, 55, 56. 



Ohap. 54 -^^ -"^CT MAKING AN APPROPRIATION FOR THE CARE AND MAINTE- 
NANCE OF THE NANTASKET BEACH RESERVATION BY THE METRO- 
POLITAN PARK COMMISSION. 

Be it enacted, etc., as follows: 
Care and SECTION 1. A suiii iiot exceeding sixtceii thousand two 

maintenance of o 

thexantasket luindrcd dollars IS hereby ap}>ropriated, to be })aid out 
reservation. of the ]\IetTO})olitan Parks System Xantasket Maintenance 
Fund, for the care and maintenance of Nantasket beach 
by the metropolitan park commission during the year end- 
ing on the thirty-first day of December, nineteen hundred 
and four, this amount to be reimbursed to the Common- 
Avcalth by the cities and towns in the metroi)olitan 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 cficct ujjon its passage. 

Approved February 6, 1904. 



Chap. 55 



An Act making an appropriation for the expenses of the 
trustees of the lyman and industrial schools. 

Be it enacted, etc., as folloios: 

Trustees of SECTION 1. The suiii of thirteen hundred dollars is 

Lj-man and • i i • i ^^ i f ^ 

industrial hereby appropriated, to be i)aid out oi the treasury oi the 
Commonwealth from the ordinary revenue, for travelling 
and other necessary expenses of the trustees of the Tjyman 
and industrial schools, the same to include printing and 
binding their annual report. 

Section 2. This act shall take effect upon its })assage. 

Approved February 6, 1904. 

OJlClD 5() "^^ ^^^ making an appropriation for exterminating conta- 

(ilOUS DISEASES AMONG HORSES, CATTLE AND OTHER ANIMALS. 

Be it enacted, etc. , as follows : 
Knt-Sus" Section 1. The sum of sixty-five thousand dollars is 
animius.'*"'""*'' hereby api)ro}iriated, to be paid out of the treasury of the 
(\)mmonwealtli from the ordinary revenue, for the exter- 
mination of contagious diseases among horses, cattle and 
other animals, during the year ending on the thirty-first 
day of December, nineteen hundred and four, the same to 
include the printing and binding of the ainuial re})ort. 
Section 2. This act shall take effect upon its passage. 

Approved February 6, 1904. 



Acts, 11H)1. — Cii.vrs. 57, r^S. 39 



An Act makincj AiM-KoruiATioxs von xiii; s>ALAi;rKS and expenses />/,,,,, ■r'- 

\ylHlf). f) i 

(U- Tin; (JAS AM) KI.KCTlvU; I.UillT COMMISSIONERS. 

Be it enacted., etc, as Jhlloics : 

Skc'tiox 1 . Tlu' sums licroinjil'lcr inontioncd aro iqipro- Approiiria- 
priatcd, to be paid out ol'tlic treasury of the Conuuoinvealth 
from the ordinary revenue, for the gas and electric light 
commissioners, for the year ending on the thirty-tirst day 
of December, nineteen hundred and four, to wit : — 

For the salaries of the connnissioners, eleven thousand •■•is.tnrieiec. 

' trie liulit com- 

dollars. missidners. 

For clerical assistance to the connnissioners, a sum not Jii^^pJ/j^'^.p 
exceeding forty-one hundred dollars. 

For statistics, books, stationery, and for other expenses Expenses, 
of the connnissioners, a sum not exceeding twenty-tive 
hundred dollars. 

For the inspection of electric meters, a sum not exceed- t."pX*^|;f',","t°r8 
ing one thousand dollars. 

For the salarv of the gas inspector, twent} -five hundred ti-'s inspector. 
dollars. 

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

For the salary of the second assistant inspector, twelve secomi 

, T 1 n II assistant. 

hundred dollars. 

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

For })rinting and binding the annual report of the com- Annual report. 
missioners, a sum not exceeding fifteen hundred dollars. 

Section 2. This act shall take effect upon its })assage. 

Approved February 6', 1004. 

An Act makincj appkopriati<»ns for the salaries and exfenses (J]iQn oS 

OF THE STATE BOARD OF INSANITY. 

Be it enacted., etc., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appn.pria. 
priated, to lie paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the state board of insanity, 
for the year ending on the thirty-first day of December, 
nineteen hundred and four, to wit : — 

For travellinir, office and continj^ent ex])enses of the state i)oard 

1 1 *-, T r. -1 " 1 1 11 of insanity, 

board, a sum not exceedmg live thousand dollars. expenses. 



40 



Acts, 1904. — Chaps. 59, 60. 



Otliccrs and 
employees. 

Traneporla- 
tion, etc., ot 
state pau|)ers. 



Support of 
certain insane 
jjaiipers. 



Board of 
insane persons 
in city or town 
almsliouses. 



Board of 
insMne persons 
in Boston in- 
sane hospital. 



Support of 
certain state 
paupers. 



Annual report. 



For saliiries of officers and enn)loyoc.s, a .sum not exceed- 
ing nineteen thousand tliree hundred dollars. 

For transportation and medical examination of state 
})aupers, under the charge of the board, a sum not exceed- 
ing nine thousand dolhirs. 

For tlic sui)port of insane })au})ers boarded out in fami- 
lies, under the charge of the board, a sum not exceeding 
twenty-eight thousand dollars. 

For board of insane persons in city or town almshouses, 
as })rovided for by chapter four hundred of the acts of the 
year nineteen hundred and tliree, a sum not exceeding 
sixty thousand dollars. 

For board of insane })ersons in the Boston insane hospi- 
tal, as provided for l)y chapter four hundred and fifty-one 
of the acts of the year nineteen hundred, a sum not ex- 
ceeding ninety-one thousand dollars. 

For the su]i]iort of state pau})crs in the IIosi)ital Cot- 
tages for Children, a sum not exceeding six thousand 
dollars. 

For printing and binding the annual reptjrt, a sum not 
exceedino; eig-ht hundred dollars. 

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

Approved Februari/ 6*, 1904. 



Chan 59 ^^^ ^^^ ^'^ rKoniBrr PERSONS from loitering avithout eight in 

OR AROUND THE BOSTON TERMINAL STATION. 

Be it enacted, etc., as foUoics : 

Whoever without right loiters or remains Avithin the sta- 
tion house of the Boston Terminal Company in Boston, or 
ii])on the platforms or grounds adjacent to such station, 
after being reijuested to leave the same by a [)olice offi- 
cer, or by an officer appointed with the powers of a rail- 
road police officer, shall forfeit not less than two dollars 
nor more than twenty dollars. 

Approved Fehrnarn 6', 1904. 



Loiterinji 
without right 
in, etc., llie 
Bo'-ton Termi- 
nal station 
prohibited. 



Chaj). 60 



South 

IVlctropolitan 
System of 
sewajre 
disposal. 



An Act making an AITROPRIATION for Ol'ERATINli THE SOUTH 
METROPOLITAN SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as folloios : 

Sf:cti(>n 1. A sum not exceeding one hundred and 
thirty-five thousand dollars is hereby aj)propriated, to be 
paid out of the South jNletropolitan System Maintenance 



Acts, J/.IOL — Chai's. 01, 02. 41 

Fund, fur the cost ot'iniiintenanco and ()])orati()n ofthe south 
inetroj>()Iitan systoni of st'waij:!' disposal, ooinprisinij: a part 
of Boston, tlu' cities of Newton, Quincy and Waltham, 
and tlic towns of Hrooklinc, Watcrtown, Dcdluun, Hyde 
Park and Milton, durin^ii' the year ending on the thirty- 
first day of December, nineteen hundred and four. 

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

Approved February 6', 1004. 

An Act makixcj ax APPKoriuATioN fok the care and mainte- QJiQp^ (Jl 

NANCE OE BOLLEVAKDS AND I'AUKWAYS IN CHAKGE OF THE MET- 
KOroLITAN I'AKK COMMISSION. 

Be it enacted, etc., as folloivs: 

Section 1. A sum not exceeding eighty-three thou- careand 
sand dollars is hereby appropriated, to be paid out ofthe certain bouie- 
Metropolitan Boulev^ard Maintenance Fund, for the care ^'*''''^' *''''• 
and maintenance of l)()ulevards and parkways in charge 
of the metropolitan ])ark commission during the year end- 
ing on the thirty-first day of December, nineteen hun- 
dred and four. 

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

Approved February 6', 1904. 

An Act making an Ari'uorKiATioN fok operating the north QJiqj^ (52 

METROPOLITAN SVSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as fulloivs : 

Section 1. A sum not exceeding one hundred and Metropolitan 
twentv-thrce thousand dollars is hereby ai)i)ro))riated, to ^vBtemof 
I)e paid out ofthe North ^letropolitan System ^hiintenance aisposai. 
Fund, to provide for the cost of maintaining and operat- 
ing the system of sewage dis})osal for the cities of Boston, 
Cambridge, Soinerville, ]\Ialdcn, Chelsea, Woburn, Med- 
I'ofd, Melrose and Fverett, and the towns of Stoneham, 
Winchester, Arlington and Belmont, known as the North 
Metropolitan System, during the year ending on the 
thirty-tirst day of December, nineteen hundred and four. 

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

A2)p)roved February 6, 1904. 



42 



Acts, 190i. — Chaps. 63, (ii, 65. 



Chap. 63 



Appropria- 
tions. 



Judge of land 
registration. 

Associate 
judge. 

Recorder. 



Clerical 
assistance. 

Expenses. 



An Act making appkopkiations for salaries and expenses of 
the court of land registration. 

Be it enacted^ etc. , as folloivs : 

Section 1. The .sums hereinafter mentioned are appro- 
priated, to be paid out of tlie treasury of tlie Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the year ending- on the tliirtj-first day of December, nine- 
teen hundred and four, to wit : — 

For the sahiry of the Judge of land registration, forty- 
five hundred dollars. 

For the salary of the associate judge of land registra- 
tion, four thousand dollars. 

For the salary of the recorder of the court of land regis- 
tration, forty-five hundred dollars. 

For clerical assistance in the office of the said court, a 
sum not exceeding four thousand dollars. 

For sheriffs' bills, advertising, surveying, examination 
of titles, and sundry incidental expenses of the said court, 
a sum not exceedinir thirteen thousand dollars. 

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

Approved February 6', 1904. 



(JhaT)' 64 "^'^ ^^^ MAKING AN APPROPRIATION FOR OPERATINCJ THE STEAMER 
LEXINGTON IN THE ENFORCEMENT OF THE LAWS RELATIVE TO 
FISHERIES. 

Be it enacted^ etc., as follows: 

Section 1. The sum of nine thousand dollars is hereby 



Operating 

steamer 

Lexington. 



appropriated, to be paid out of the treasury of the Com- 
monwealth 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 Common Avealth. 

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

Approved Fehrunrn 6', 1904. 



ChCiTi ^^ ^^ ^^^ MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES IN 
THE OFFICE OF THE STATE BOARD OF AGRICULTURE, AND FOR 
SUNDRY AGRICULTURAL 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 



Appropria- 
tions. 



Acts, 1901. — Ciiai\ 65. 43 

from the ordiiuirv ivvomic, for the purposes spccifiod, for 
the year ending on the thirty-tir.st day of L)ecenil)ei-, nine- 
teen hundred and four, to wit : — 

For th(^ sahirv of the seci-i-tarv of the state board of B«-yif'f 

. • , , . agriculture, 

agrieultun> and executive ollicerof the .state dairy bureau, secretary, etc. 
three thousand dollars. 

For the salary ol' the first clerk of the secretary of the First cierk. 
state board of agriculture, eighteen hundred dollars. 

For the sahu-y of the second clerk of the secretary second cierk. 
of the state board of agriculture, fourteen hundred dol- 
iars. 

For other clerical assistance in the office of the secre- clerical 
tary of the state board of agriculture, and for lectures ««^*^^«"<'^' <^t<'- 
before the I)oard at its annual and other meetings, a sum 
not exceeding six hundred dollars. 

For travelling and other necessary expenses of the mem- Travelling 
bers of the state board of agriculture, a sum not exceed- expenses, etc. 
ing fifteen hundred dollars. 

For incidental and contingent exi)enses of the state inci.ientai 
board of ai>riculture, a sum not exceedin"; eiirht hundred <^-'^i'«'°s*^s, etc. 
dollars. 

For travelling and other necessary expenses of the sec- Expenses 
retary of the state board of agriculture, a sum not exceed- " ^'''^'''^ '^''y- 
ing five hundred dollars. 

For disseminating useful information in agriculture by Lectures at 
means of lectures at farmers' institutes, a sum not exceed- insututes. 
ing twenty-seven hundred dollars. 

For bounties to agricultural societies, a sum not exceed- bounties, 
ing eighteen thousand dollars. 

For the salary of the general agent of the dairy bureau, Ajrentuf 
twelve hundred dollars. ""'''•^ ""'""'"• 

For assistants, experts, chemists and agents, and for p:\iiert8, 

i.1 r i-i i. i. J • 1 i • chemists, etc. 

otlier necessary expenses of the state dairy bureau, to in- 
clude printing the annual report, a sum not exceeding 
seven thousand dollars. 

For the protection of trees and shrubs from injurious Protection 
insects and diseases, a sum not exceeding one thousand "^"*^^'''*^^''- 
dollars. 

For printing and binding the annual report of the state Annual report. 
board of agriculture, a sum not exceeding six thousand 
dollars. 

For personal and incidental ex])enses of the trustees '["'".'•'f,'' "^ 
of the Massachusetts Agricultural College, a sum not ex- Agricultural 
ceeding five hundred dollars. expenses. 



44 



Acts, 1904. — Chaps. 6(j, 67. 



Annual report. 



For })rintin<j: and binding the annual report of the trus- 
tees of the Massachusetts Agricultural College, a sum not 
exceeding one thousand dollars. 

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

ApproDed February 6', 1904. 



Chap. 66 



Appropria- 
tions. 



Province 
Laws, editor. 



Chief clerk. 



Clerical 
service, etc. 

Expenses. 



Printin.a: 
and binding. 



An Act making appropriations for continuing the publica- 
tion OF the province laws. 

Be it enacted^ etc., as follows : 

Section 1. The sums hereinafter mentioned are appro- 
])riated, to l»e })aid out of the treasury of the Commonwealth 
from the ordinary revenue, during the year ending on the 
thirty-first day of December, nineteen hundred and four, 
for conn)leting the preparation and publication of the 
Province Laws, to wit : — 

For the salary of the editor, the sum of two thousand 
dollars. 

For the salary of the chief clerk, fifteen hundred dol- 
lars. 

For clerical service and a messenger, a sum not exceed- 
ing thirty-four hundred dollars. 

For stationery, postage, travelling and other necessary 
expenses in connection with the preparation and publica- 
tion of the said laws, a sum not exceeding two hundred 
dollars. 

For })rinting and binding such volumes as may be com- 
pleted, a sum not exceeding six thousand dollars. 

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

Approved February 6", 1904. 



(Jlld)). 67 '^^ ^c^ making an api'ropriation for payment of the tuition 
OF children attending school outside of the town in which 
they reside. 

Be it enacted, etc., as folloivs : 

Section 1. A sum not exceeding forty thousand dol- 
lars is hereby a])propriated, to be ])aid out of the treasury 
of tlu! Commonwealth from the ordinary revenue, for the 
payment of tuition of children in high schools outside of 
the town in which they reside, in so far as such })ayment 
is provided for by section three of chapter forty-two of 
the Revised Laws, as amended by chapter four hundred 



Tuition of cer- 
tain children. 



Acts, 1904. — Chaps. ()8, GO. 45 

and thirty-tluvo of tlio acts of the year nineteen hundred 
and two. 

Skction 2. This aet shall take elfect upon its passae-e. 

Approved Ffbrium/ 6', 1904. 

An Act makixu ax api'kofriation kok tuk massaciilsktts state QJmt)^ (jg 
kikkmen's association. 

Be it oiacted, etc., as follows : 

Section 1. The sum of twelve thousand dollars is Massaciu.aetts 
hereby apiu'onriated, to be paid out of the treasury of the Fiiemen;s 
Coninionwealth from the ordinary revenue, for the Massa- 
chusetts State Firemen's Association, as provided for by 
chapter one hundred and eight of the acts of the year nine- 
teen hundred and two. 

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

Airproved February 6, 1904. 

An Act to declakr the seconh advent ciickch of goshen a Q]iQn (39 

RELIGIOUS COKPOKATION AND TO KATIKV AND CONFIRM ITS ORGANI- 
ZATION AND PROCEEDIN«iS. 

Be it enacted, etc., as folloivs : 

Section 1. The religious society organized in Goshen orgamzatiou 
in the year eighteen hundred and seventy-eight, sometimes Advent ciuirrh 
called the Church of Christ in (ioshen, is hereby declared eonfii-med, etc. 
to be a religious coi-poration by the name of the Second 
Advent Church of Goshen ; and the organization and sub- 
secjuent proceedings of said society, so far as they a})pear 
u})on its records, except such })arts of said records as relate 
to any attempt to change the name of said society to the 
Church of Christ in Goshen, are hereby ratified and con- 
firmed. 

Section 2. The deed given by Harriet B. Hastings to certain deeds 
the Second Advent Church of Goshen, dated the r< i e , t. 

day of June in the year nineteen hundred, recorded in the 
registry of deeds in the county of Ham})shire, in liook five 
hundred thirty-six, page two hundred forty-three, and pur- 
porting to convey certain lands situated in said Goshen to 
the Second Advent Church of (ioshen aforesaid : and the 
deed given by the Second Advent Church of Goshen, some- 
times called the Church of Christ in Goshen, and certain 
persons as trustees thereof, to Harriet E. Hastings, dated 
the tenth day of February in the year nineteen hundred, 



46 Acts, 1904. — Chaps. 70, 71. 

recorded in said registry of deeds, in book five hundred 
thirty-one, page three hundred eighty-three, and purport- 
ing to convey or rek^ase certain lands situated in said 
Goshen to said Harriet B. Hastings, are hereby severally 
ratified and confirmed. 
nora^tfectoi^^^ SECTION 3. Nothing herein contained shall prevent 
any persons otherwise lawfully entitled so to do, from 
adopting and using the words " Tlie Church of Christ in 
Goshen ", as the name of any religious society hereafter 
organized in Goshen. 

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

Ap2)roved February 6', 1904. 



CJiCO). 70 ^^ ^'^^ ^*^ AUTHORIZE 



THE CITY OK CHICOPEE TO KEFUND A PART 
OF ITS INDEBTEDNESS. 



R. L. 27 

to apply. 



Be it enacted, etc., as folloivs: 
City of chico- SECTION 1. The city of Chicopee, for the purpose of 

pee may issue />t /•••iii •• 

bonds, etc. refunduig that part oi its indebtedness at present existing 
as the Willimansett Bridge Loan, may issue bonds to an 
amount not exceeding fifty-three thousand dollars, payable 
not more than ten years from the date of issue. Such 
bonds shall be deemed to be issued under authority of 
chapter two hundred and eight of the acts of the year 
eighteen hundred and ninety-four, and the provisions of 
said chapter shall apply thereto. The proceeds shall be 
used to refund said indebtedness, but no purchaser shall 
be responsible for the application thereof. 

Section 2. The provisions of chapter twenty-seven 
of the Revised Laws, so far as they may be applicable and 
except as otherwise jirovided herein, shall apply to the 
indebtedness authorized hereb}' and to the securities issued 
hereunder. 

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

Approved February 9, 1904. 

CluiU. 71 ■^^ ^^'^ RELATIVE TO THE RATE OF TAXATION IX THE CITY OF 

BROCKTON. 

Be it enacted, etc., as folloivs: 

Taxes in the SECTION 1. The taxcs assessed on property in the city 

Brockton not of Bi'ockton, cxchisivc of the state tax, county tax and 

certain rate, sums re(|uired by law to be raised on account of the city 

debt, shall not exceed, on every one thousand dollars of 



Acts, 1901. — Chaps. 72, 73. 47 

the assessors' valimtioii oftlii' taxable projx'rty Ihore'm for 
the })riH'e(liiiii- vear, litteeii dollars in the year iiiiieteeii hun- 
dred and four, fourteen dollars in the year nineteen hun- 
dred and five, and thirteen dollars in the year nineteen 
hundred and six ; the said valuation heinji' first reduced 
hy the amount of all abatements thereon })re\ ious to the 
thirty-tirst day of DeeiMuber in the year ju'eceding said 
assessments, subject to all the provisions contained in sec- 
tion fifty-four of chapter twelve of the Revised Laws. 
Section 2. This act shall take effect upon its passage. 

Approved February .9, 1904. 



Chcqj. 72 



An Act making appropriations for the westborougii 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 Conunon wealth 
from the ordinary revenue, for the jjurposes specified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

For the support of the Westborougii insane hospital, the westborough 
sum of one hundred twenty-three thousand four hundred iXpitai. 
ninety-nine dollars and thirty cents, said sum being based 
ui)on the average number of state ])atients at the rate of 
three dollars and twenty-five cents per Aveek, as pro\ ided 
for by sections one hundred and twent3'-seyen and one 
hundred and twenty-eight of chapter eighty-seven of the 
Revised Laws, the same to include the printing and bind- 
ing of the annual re})ort, this amount to hv 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 at said institution, in addition to KxpenBes. 
the appropriation for state patients and to the receipts, a 
smn not exceeding ten thousand dollars. 

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

Approved FeJjruary 11, 1904. 



Chap. 73 



An Act making an appropriation for the danvers insane 

hospital. 

Be it enacted, etc., as folloivs : 

Section 1. The sum of two hundred sixteen thousand ?^,g"ne''^ 
two hundred sixty-six dollars and ninety-seven cents is iiospitai. 



48 Acts, 1904 — Chaps. 74, 75. 

^sune'" hereby appropriated, to be paid out of the treasurj'- of the 

hospital. Commonwealth from the ordinary revenue, for the support 

of the Danver.s in.sane hospital durinii' tlie present year, 
said sum being based upon the averaiic number of state 
patients at the rate of three dollars and t\\ enty-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, the same to include 
the printing and binding of 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 ex- 
penses of said institution may be used for that purpose. 
Section '1. This act shall take effect upon its passage. 

Apinoved Fehraary 11, 1904. 

Ohcin 74 ^^ ^^^ MAKING AX APPIiOPRIATIOX FOU THE WOIJCESTEK INSANE 

HOSPITAL. 

Be it enacted, etc., as foUoivs : 

l^slnt^^^^ Section 1. The sum of one hundred eighty-seven thou- 

hospitai. sand two hundred sixty-six dollars and eighty-two 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 hospital during the present 
year, said sum being based upon the average number of 
state patients at the rate of three dollars and twent^'-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, the same to 
include the printing and binding of the annual report, this 
amount to be in addition to the rc('ci})ts 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 Febritanj 11, 1904. 

Chap. 75 An Act making an appuopkiation koh tue avokcester insane 

ASYLUM. 

Be it enacted, etc., as foUoirs : 

insane asylum. SECTION 1. The SUUl of OUC hundred tWClltA'-tAVO thoU- 

sand one hundred forty-nine dollars and forty-two cents 
is hereby approjjriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, for the sup- 



Acts, 1904. — Chap. 7G. 49 

port of tlic Worcostor insane asylum during the present 
3'ear, said sum being based upon the average number of 
state patients at the rate of three dollars and twentj-five 
eents per week, as provided for by sections six, one lum- 
dred and twenty-seven and one hundred and twenty-eiglit 
of chapter eiglity-se\'en of the Revised Laws, the same to 
inelude the })rinting and binding of the annual report, this 
amount to be in addition to the receipts from other sources ; 
and so nmch of said receipts as may l)e needed to pa^' the 
ex})enses of said institution may be used for that })urpose. 
Section 2. This act shall take effect upon its passage. 

Approved Fehrvary 11, 1004. 



Chap. 76 



An Act relatfs'e to the mayou and city council oe the city 

OK LYXN. 

Be it enacted, etc., cis foUoirs : 

Section 1. Section live of chapter three hundred and I'joo, 367,§5, 
sixty-seven of the acts of the year nineteen hundred, said 
act beingthe charter of the city of Lynn, is herel>y amended 
by striking out all after tlu^ word " begin ", in the third 
line, to and including the word "evening", in the tifth 
line, and inserting in })lace thereof the words : — at ten 
o'clock in the forenoon on the first Monday of January 
and continue until ten o'clock in the forenoon, — so as 
to read as follows : — Section 5. The municipal election Municipal 
shall take place annually on the second Tuesday of Decem- mimienjai"'^ 
ber, and the munici})al }'e:ir shall begin at ten o'clock in -^'*''*'" 
the forenoon on the first Monday of January and continue 
until ten o'clock in the forenoon on the first Monday of 
the following Januaiy. 

Section 2. Section eleven of said chapter is hereby 1900, 367, § ii, 
amended by striking out the words " half-j^ast seven o'clock "'"'^"'^''"^'■ 
in the evening", in the third and fourth lines, and insert- 
ing in place thereof the words : — ten o'clock in the fore- 
noon, — so as to read as follows: — Section 11. The o.itiiof onice 
ma}'or elect and the members elect of the city council shall members o""^ 
on the first Monday in Januar}^ succeeding their election, ^J^y council, 
at ten o'clock in the forenoon, assemble and be sworn to 
the faithful discharge of their duties by the city clerk or 
by any justice of the })eace. In case of the abseiu-e of 
the mayor elect on the first Monday in January, or if a 
mayor shall be elected subse(iuently, the oath of othce may 
at any time thereafter be administered to him in presence 



50 



Acts, 1904. — Chap. 77. 



of the city council ; and at any time after the first ]\Ionday 
in January tlie oath of office may be administered in pres- 
ence of either brancli of tlie city council to any member 
of such branch who was absent on the first Monday in 
January, or who shall be subsequently elected. A cer- 
tificate that such oath has been taken by the ma3^or shall 
be entered in the journal of both branches of the city 
council, and in the journal of each branch shall be entered 
a certificate that the oath has so been taken by the mem- 
bers of that branch. 

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

Approved Fehruary 11, 1904. 



Chap. 77 



1903, 217, § 2, 
amended. 



The Ashflekl 
Water 
Company 
may take 
certain waters, 
lands, etc. 



Proviso. 



May erect 
structures, lay 
pipes, etc. 



An Act relative to the water supply of the ashfield water 

COMPANY. 

Be it enacted, etc., as follo^vs : 

Section 1. Section two of chapter two hundred and 
seventeen of the acts of the year nineteen hundred and 
three is hereby amended by insertino- after the word 
" lirook ", in the third line, the words : — of Bear Swamp 
brook and of Creamery brook, — so as to read as follows : 
— Section 2. Said corporation, for the purposes afore- 
said, may take, by purchase or otherwise, and hold the 
waters of Taylor brook, of Bear Swamp brook and of 
Creamery brook in said town, and all the ^vaters which 
flow into or from the same, together with any water rights 
connected therewith, and also all lands, rights of way and 
easements necessar}' for holding and storing such water 
and for conveying the same to any part of the said town, 
and for constructing and maintaining ponds : provided, 
that no source of water supplj^ shall be taken for domestic 
purposes under this act without the advice and a})pr()val 
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, jirocure and oper- 
ate machinery, and provide such other means and appli- 
ances as may l)e necessary for the establishment and 
maintenance of comi)lete and eftective water Avorks ; and 
may construct and lay conduits, pipes and other works, 
under and over any land, Avatcr courses, railroads, rail- 
ways, or public or private ways, and along any such Avays 
in such manner as not unnecessarily to obstruct the same ; 
and for the })urpose of constructing, maintaining and re- 
pairing such conduits, pipes and other works, and for all 



Acts, 1904. — Chaps. 78, 79. 51 

proper pur}iosos of this act, said corporation may dig up 
.such lands, and, uncUn' the direction of the selectmen of 
the towns in which any such ways are situated, may enter 
u}K)n and din' up such ways in such maniu'r as will cause 
the least hindrance to public travel. 

Section 2. This act shall take effect ujion its i)assage. 

A2yproved February/ 11, 1904. 

An Act to extknd tue time witiun wuicu the cape cod street /^/./-/^j 7Q 

RAILWAY COMPANY SHALL COXSTRICT AND OPERATE ITS RAILWAY. 

Be it enacted, etc., as foUoros : 

Section 1. The time within Avhich the Cape Cod Street Time 
Railway Compan}^ is required by law to build and i)ut in 
operation some part of its road is hereby extended until 
the first day of November in the year nineteen hundred 
and five. 

Section 2. This act shall take efiect upon its pas.sage. 

Approved February 11, 1904. 

An Act making appropriations for salaiues and exi'enses in Ohn,^ 70 

THE department oK THE STATE IIOAKD OF CHARITY, AND FOR 
SUNDRY CHARITABLE EXPENSES. 

Be it enacted, etc. , as follotvs : 

Section 1. The .sums hereinafter mentioned are a[)pro- Aijpropria. 
priated, to be paid out of the treasury of the Commonwealth ""°''' 
from the ordinarj^ revenue, for the purposes s})ecified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

state board of charity. 

For expenses of the state board of charity, including .state board 
travelling and other necessary expenses of the members, " '''"J- 
and salaries and expenses in the board's central office, a 
.sum not exceeding eight thousand dollars. 

For salaries and expenses in the division of state adult A<iiiit i.oor. 
poor, a sum not exceeding forty thou.sand dollars. 

For .salaries and expenses in the division of state minor Minor wards. 
wards, a sum not exceeding forty-three thousand five hun- 
dred dollars. 

For travelling and other necessary expenses of the aux- Auxiliary 
iliary visitors of the state board of charitj-, a sum not ex- 
ceedino" sixteen hundred dollars. 



52 



Acts, 1904. — Chap. 79. 



Transportation 
of state 
paupers. 



Indigent and 
neglected 
children, etc. 



Dangerous 
diseases. 



Instruction 
of certain 
children. 



Sick state 
paupers. 



Burial of state 
]iau|(er.s. 



Temporary 
aid. 



Unsettled 
l)auperinfant8. 



Annual report. 



MISCELLANEOUS CHARITABLE. 

For transportation of state paupers under charge of the 
state board of charity, including transportation of prison- 
ers released on i)robation from the state farm, and tmvel- 
ling and other expenses of probation visitors, a sum not 
exceeding twelve thousand five hundred dollars. 

For the care and maintenance of indio'ent and neglected 
children and juvenile ot!enders, for the present year and 
for previous years, to include expenses in connection with 
the same, a sum not exceeding two hundred and ten thou- 
sand 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 thirty 
thousand dollars. 

For instruction in the public schools in any city or town 
in the Common wealtli, including transportation to and 
from such schools, of children boarded or bound out by 
the state lioard of charity, for the present year and for 
previous years, a sum not exceeding twenty-five thousand 
dollars. 

For the support of sick state paupers by cities and 
towns, for the present year and for previous years, includ- 
ing cases of wife settlement, a sum not exceeding sixty 
thousand dollars. 

For the burial of state paupers by cities and towns, for 
the present year and for previous years, a sum not exceed- 
ing seven thousand five hundred dollars. 

For temporary aid furnished by cities and towns to 
state paupers and shipwrecked seamen, for the present 
year and for previous 3'ears, a sum not exceeding thirty 
thousand dollars. 

For the support and transportation of pauper infants 
having no settlement in this Commonwealth, including 
infants in infant asylums, a sum not exceeding fifty-three 
thousand dollars. 

For })rinting and binding the annual report of the state 
board of charity, a sum not exceeding two thousand 
dollars. 

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

Approved February 11, 1904. 



Acts, 11)04. — CiiArs. 80, 81. 53 



An Act making ax apphoimuation for the massacitusetts (JJjnn QQ 

SCHOOL FOU the feeble-minded. 

Be it enacted, elc. , a.s fi)lloirfs .- 

Skction 1. Tlu' sum ol" sixty-six thousand three hun- MaesachuBetts 
drod and fortv-eioht dollars is h'ereby apja-opriated, to be S'r!/°'' ^''^ 
paid out of the treasury of the C'oninionwealth from the '"'"^''^'f*- 
ordinary revenue, for tlie support of the Massachusetts 
School for the Feeble-minded during the present year, 
said sum being based upon the average number of state 
patients at the rate of three dollars and t\vent\-[ive cents 
per Aveek, as provided for by sections one hundred and 
twenty-seven and one hundred and twentj-eight of chaj)- 
ter eighty-seven of the Revised Laws, the same to include 
the })riiitingand binding of 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 ex- 
penses of said institution may be used for that purpose. 

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

Approved February 16, 1904. 

An Act making appropriations for the medfield insane (^/ffi,^ "^1 

ASYLUM. 

Be it enacted, etc., as foUoius : 

Section 1. The sums hereinafter mentioned are appro- Approi.ria- 
priated, to be paid out of the treasuiy of the Commonwealth ^^""^' 
from the ordinary revenue, for the support of the ^Medfield 
insane asylum during the present 3^ear, to Avit : — 

For the support of state patients, the sum of two hun- Meiitiew 
dred sixty-six thousand eight hundred sixty-six dollars and suj^pcfrfof '""'' 
forty-eight cents, said sum being based upon the average et^te patients. 
number of state patients at the rate of two dollars and 
eight}' cents })er week, as provided for by sections one hun- 
dred and twenty-seven and one hundred and twenty-eight 
of chapter eighty-seven of the Revised Laws, the same to 
include the printing and l)inding of the annual rejwrt. 

For current expenses, in addition to the a})propriation Expenses. 
for state patients, a sum not exceeding twenty thousand 
dollars. 

Section 2, This act shall take effect upon its [)assage. 

Approved February 16, 1904. 



54 



Acts, 1904. — Chaps. 82, 83. 



Chap. 82 -^^^ ^CT MAKING APPROPRIATIONS FOR THE STATE COLONl- FOR THE 

INSANE. 

Be it enacted^ etc., as follows : 

Section 1 . The sums hereinafter mentioned are appro- 
priated, to be i)aid out of the treasury of the Common wealth 
from the ordinary revenue, for the support of the state col- 
ony for the insane, for the year ending on the thirty-tirst 
day of December, nineteen hundred and four, to wit : — 

For salaries, Mages and labor, a sum not exceeding 
twelve thousand dollars. 

For other current cx})enses, including the })rinting and 
binding of the annual rc})ort, a sum not exceeding seven- 
teen thousand three hundred and tifty dollars. 

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

Approved February 10, 1904. 



State colony 
for the insane. 



Salaries, etc. 



Expenses. 



Cluip. 83 -^^' -^CT MAKINU APPROPRIATIONS FOl! THE MASSACHUSETTS HOS- 
PITAL FOR EPILEITICS. 



Apprupria- 
tions. 



Massachusetts 
hos])ital for 
epileptics. 



Expenses. 



Be it enacted, etc., as folloics : 

Section 1. The sums hereinafter mentioned are a})pro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the jjurposes specified, for 
the yeiii" ending on the thirty-tirst da}' of December, nine- 
teen hundred and four, to wit : — 

For the support of the ^Massachusetts hos})ital f()repile}t- 
tics, the sum of forty-five thousand nine hundred ninety- 
nine dollars and ninety-two cents, said sum being based 
upon the average mmiber 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 eight^^-seven of the 
Revised Laws, this amount to be in addition to the re- 
ceipts from other sources ; and so much of said receifjts 
as may be needed to pay the expenses of said institution 
may be used for that pur})ose. 

For current ex})enses, in addition to the appropriation 
for state patients and to the receipts of said hospital, the 
same to include the cost of printing the annual report, a 
sum not exceeding thirty-two thousand seven hundred and 
ninety-five dollars. 

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

Approved Fehruaru 16, 1904. 



Acts, 1904. — Chaps. 84, Sr^. 55 

An Act makinm; an ArruorHiATioN for the Northampton insane /^7,^.,^ qa 

UOJ^IMTAL. 

Be it e)i(icted, etc., as/bllows : 

Skctiox 1. Tlie sum of one, liundri'd thirteen thousand ^';i"',';''"''''"'" 
five hundred seventy-live dollars and forty-three cents is iiospitai. 
hereby a|)i)roi)riatcd, to be paid out of the treasury of the 
Connnonwealth from the ordinary revenue, for the su})port 
of the Xortham})ton insane hos})ital during the present 
year, said sum l)eing based upon tUv. average number of 
state })atients at the rate of three dollars and twenty-five 
eents per week, as provided for by seetions one hundred 
and twenty-seven and one hundred and tAventy-eight of 
chapter eighty-seven of the Kevised Laws, the same to 
include the })rintingand binding of the animal report, this 
amount to be in addition to tlie recei[)ts from other sources ; 
and so much of said receipts as may be needed to pay the 
ex])enses of said institution may be used for that purpose. 

Section 2. This act shall take eliect ui)on its passage. 

Approved February 16, 1904. 



An Act making an aitropkiation for the talnton insane (^1^,,^^ Qcj 

HOSPITAL. 

Be it enacted, etc., as foUoivs : 

Sectk^n 1. The sum of one hundred fifty-four thousand ''^'•^""to^ 
eight hundred and sixty dollars is hereby ap[)ropriated, to iiosintai. 
be paid out of the treasury of the Commonwealth from the 
ordinary revenue, for the su})})ort of the Taunton insane 
hospital during the })resent year, said sum being based ui)on 
the average number of state })atients at the rate of three 
dollars and twenty-five cents i)er 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 the i)rinting and l)inding of 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 February 16, 1904. 



56 



Acts, 1904. — Chap. 86. 



Chap. 86 



Town of 
Wrentham 
may supply 
itself with 
water, etc. 



May take 
certain water, 
lands, etc. 



Proviso. 



May erect 
structures, lay 
pipes, etc. 



Description of 
property to be 
recorded. 



An Act to authorize the town of a\t{entham to supply itself 
with water. 

Be it enacted, etc., as follows : 

Section 1. The town of Wrentham may supply itself 
and its inhabitants with water for the extinguishment of 
fires and for domestic and other })urposes ; may establish 
fountains and hydrants and relocate or discontinue the 
same ; and may regulate the use of such Avater and fix and 
collect rates to be })aid therefor. 

Section 2. Said town may obtain its water supply by 
means of driven, artesian or other wells, or may take by 
l)urchase 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 Avater 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 convej^ing the same to an}' })art of said town : 
provided, tliat no source of water supply for domestic pur- 
poses and no lands necessary for })reserving the (juality of 
such water shall be taken without first obtainiii"' the advice 
and api)roval of the state board of health. Said town may 
also erect on the land taken or held as aforesaid, i)ro})er 
dams, buildings, reservoirs, standpi})es, tanks and other 
structures, and may make excavations, procure and operate 
machineiT, and })rovide such other means and Jip})liances 
as may be necessaiy for the establishment and maintenance 
of complete and ellective water works ; and may construct 
and lay conduits, pipes and other works under or on any 
lands, Avater courses, raih'oads, raihvays or })ublicor private 
Avaj's, and along any such AvaA's, in such manner as not 
unnecessarily to ol)struct the same : and for the pur[)0se 
of constructing, maintaining and repairing such conduits, 
pipes and other works, and for all projjcr i)iu"})0ses of this 
act, said toAvn may dig u}) any such lands or Ava3's in such 
manner as to cause the least hindrance to public travel on 
such Avays. 

Section 3. Said toAvn shall, Avithin ninety days after 
the taking of any land, rights of Avay, Avater rights, Avater 
sources or easements as aforesaid, othei-Avise than by pur- 
chase, cause to be recorded in the' registiT of deeds for the 
county and district Avithin Avhich such land or other prop- 
erty is situated, a description thereof sufficiently accurate 



Acts, 1904. — Chap. S6. 5^ 

for identificatiuii, with a .stateinent of the purpose for which 
the .saiiu' was taken, siaiied bv the water eommissioners 
hereinafter provided for. 

Skction I. iSaid town shall ))ay all daniai:es to ])i"op- Damages, 
erty sustained by any person or (•or})oration b}' tlie taking 
of any land, right ol' way, water, water source, water right 
or eascMucnt, or by any other thing done by said town under 
authority of this act. Any person or eor})orati()n sustain- 
ing damages as albi'esai(i, who fails to agree with said town 
as to tlie amount tliereol", may have; the same determined 
in the manner pro^ idcd by law in the case of hmd taken 
for laying out highways, on ai)plieatioii at anytime within 
the ])eri()d of two years after the taking of such land or 
other i)ropert3^ or the doing of other injury under authority 
of this act ; but no such a])})licati()n shall be made after the 
ex})iration of two years, and no ai)plication for assessment 
of damages shall be made for the taking of any water, 
water right, or for any injury thereto, imtil 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 su})erior Town may 
court for an assessment of damages the said town may eunilor""^ 
tender to the petitioner or his attorney any sum, or may fi«»"ages, etc. 
bring the same into court, to be paid to the petitioner for 
the damages by him sustained or claimed in his petition, 
or may in writing offer to be defaulted and that damages 
may lie awarded against it for the sum therein ex})ressed ; 
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 Avere so oflered or 
tendered, not including interest on the sum recovered as 
damages from the date of such ofl'er or tender, the town 
shall have judgment for its costs after said date, for which 
execution shall issue ; and the petitioner, if he recovers 
damages, shall be allowed his costs only to the date of 
such olfer or tender. 

Section (i. Said town may, for the purj)ose of paying Town of 
the necessary expenses and liabilities incurred under the water*L^n. 
provisions of this act, issue from time to time bonds, notes 
or scrip to an amount not exceeding one hundred and 
twenty-five thousand dollars. Such bonds, notes or scrip 
shall bear on their face the words, Town of Wrentham 
Water Loan, and shall be payable at the expiration of 
periods not exceeding thirty years from the date of issue ; 



58 



Acts, 1904. — Chap. 86. 



Proviso. 



Payment 
of loan. 



Town to raise 
a (jertain sum 
by taxation 
annually. 



Town may 
purchase inter- 
est in certain 
property, et<;. 



Penalty for 
corruption of 
water, etc. 



shall bear interest, payable seini-annually, at a rate not 
exceeding four per cent i)er annum, and sliall be signed 
by tlie treasurer of the town and countersigned by the 
water commissioners hereinafter provided for. Said town 
may sell such seciu-ities at public or private sale, or pledge 
the same for money borrowed for the pur})oses of this act, 
and upon such terms and conditions as it may deem })roi)er : 
jyrovlded, that such securities shall not be sold for less 
than the par value thereof. 

Section 7. Said town shall at the time of authorizing 
said loan i)rovide for the })ayment thereof in such annual 
pro})ortionate i)ayments, beginning live years after the fii'st 
issue of such bonds, notes or scrip, as will extinguish the 
same within the time ])rescribed in this act ; and when a 
vote to that effect has been })asscd the amount recjuired 
thereby shall without further vote be assessed by the as- 
sessors of said town in each year thereafter until the debt 
incurred by said loan shall be extinguished, in the same 
manner as other taxes are assessed under the provisions 
of section thirty-seven of chapter tAvelve of the Revised 
Laws. 

Section 8. Said town shall raise annually by taxation 
a sum which wdtli the income derived from water rates will 
be sufficient to pay the annual ex})ense of oi)erating its 
water Avorks 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 })rovisions of this act. 

Section II. Said town may contract with any person 
or corporation, and may purchase any interest in any 
property which may .be deemed necessary to carry out the 
})r()visions of this act, and may hold such interest and 
})roperty. 

Section 10. Whoever uses any water taken under this 
act without the consent of said toAvn, or wilfully ov wan- 
tonly coiTU})ts, pollutes or diverts any water taken or held 
by said town under this act, or destroys or injures any 
structure, work or other })ro})erty owned, held or used by 
said toAvn under the authority and for the jjurposes of this 
act, shall forfeit and ]W to said town three times the amount 
of damages assessed therefor, to be recovered in an action 
of tort : and iii)on conviction of any of the said wilful or 
wanton acts shall be punished by a fine not exceeding three 
hundred dollars or by imprisonment for a term not exceed- 
ing one year. 



Acts, 1004. — Chap. 87. 59 

SectiOX 11. Said town sluill alter its acccntance of this Wati-rcom. 
ai't, ai a tt)\vii lucctmi:' called lor the i)urj)osc', (dcet by ikMtion, 
l)alk)t tlirei' persons to hold olliee, one until the ex})ira- ^^'' "'"• ^'''■• 
tion of three years, one until the expiralion of two year.s 
and one until th(> expiration of one year from the next 
fsucceedini;- annual town meeting, to constitute a board 
of water eonunissioner.s ; and at every annual town mcet- 
ini:: thereafter one water eonnuissioner .shall be ideeted 
by ballot for a term of three years. All tlu; authority 
irranted to said town by this act and not otherwise s})eciti- 
cally })rovided for shall be vested in said board of water 
eonunissioners, who shall be su1))eet however to such in- 
structions, rules and regulations as said town may im])ose 
by its vote. A majority of said commissioners shall con- Quonmi. 
stitute a (juorum for the transaction of business. Any vacancy. 
^acancy occiu'ring in said board from any cause may Ix', 
filled for tlie remainder of the unexpired term by said town 
at any town meeting called for the pur})ose. 

Section 12. Nothing in this act shall be construed as certain ligiits 
conflicting with or restricting the right which the town of ""^""e*^^^''- 
North .Vttleborough has by authority given it by clia})ter 
two hundred and four of the acts of the year eighteen hun- 
dred and ninety-five in any Avater of any pond, stream or 
si)ring in the said town of Wrentham. 

Sectu3X 13. This act shall take effect upon its accei)!- }\'iejii.. 

. i. 1. takeeflfect. 

ance by a two thirds vote of tiie voters of the town of 
Wrentham ])resent and voting thereon by ballot at a legal 
town meeting called for the purpose within three years 
after its passage, but the number of meetings so called in 
any one year shall not exceed two. So far as it relates to 
acceptance by the said town this act shall take eflect ui)on 
its i)assage. Approved February 10, 1904. 

An Act to i'koviue additional clekical assistance in the QJian 87 

OFFICE OF tiie CLEKK OF TIIE HOUSE OF KEPRESENTATIVES. 

Be it enacted, etc., as follows : 

Section 1. Section twelve of cha])ter three of the Re- r. l. 3, §12, 
vised Laws is hereby amended by striking out the words '^"^'''^ ^ ' 
" Each clerk may also emj)loy necessary clerical assistance 
at an expense of not more than fifteen hundred dollars a 
year", in the sixth, seventh and eighth lines, and inserting 
in place thereof the words : — The clerk of the senate may 
also employ necessary clerical assistance at an expense of 



60 



Acts, 1904. — Chaps. 88, 89. 



Assistant 
clerks of house 
and senate. 



Clerical 
assistance. 



not more than fifteen hundred dollars a 3^ear, and the clerk 
of the house of representatives may also emj^loy necessary 
clerical assistance at an expense of not more than two thou- 
sand dollars a year, — so as to read as follows : — Section 
12. The clerk of the senate and the clerk of the house 
(jf re})rescntatives, subject to the approval of the senate 
and house res})cctivel3% may each a})point an assistant 
clerk Avho, in the absence of the clerk, shall perform the 
duties of the clerk unless a clerk pro tempore is chosen. 
Each clerk may remove the assistant clerk ai)p()inted by 
him. The clerk of the senate may also employ necessary 
clerical assistance at an exi)ense of not more than fifteen 
hundred dollars a year, and the clerk of the house of rep- 
resentatives may also emjiloy necessary clerical assistance 
at an expense of not more than two thousand dollars a 
year. 

Section 2. This act shall take eflect ui)on its passage. 

Ajyjjroved February 16, 1904. 



Chcil). 88 -^^ -^^^ RELATIVE TO CLEKICAL ASSISTANCE IN THE EXECUTIVE 
DEPARTMENT Ol' THE COMMONAVEALTH. 



R. L. 4, § 8, 
amended. 



Executive 

department, 

e.xpenses. 



Be it enacted, etc. , as follows : 

Section 1. Section eiirht of chapter four of the Revised 
Laws is herel)y amended by adding at tlie end thereof 
the words : — and for clerical assistance for the executive 
department, a sum not exceeding one thousand dollars, — 
so as to read as follows : — Section 8. An amount not 
exceeding three thousand dollars shall be allowed annually 
by the Commomvealth for the ex})enses of the executive 
de})artment, and for clerical assistance for the executive 
department, a sum not exceeding one thousand dollars. 

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

Aiyproved Februar>/ 16, 1904. 



Chajy. 89 



Weeks 

Institute 

incorporated. 



An Act to incokpokate the weeks institute. 
Be it enacted, etc., as folloivs : 

Section 1. Jonathan Smith, James C. Duncan and 
Andrew E. Ford, all of Clinton, and their successors, who 
shall be residents of said town, are hereby made a corpo- 
ration, by the name of the Weeks Institute, for the sole 
purpose of establishing and maintaining a free puDlic lee- 



Acts, 1904. — Chap. 89. 61 

tureship for the oduoation, instruction and lionofit of tho 
inluihitants of said Clinton. 

Skctiox 2. Said conxn'ation shall have autllorit^ lor Mav hold real 

, ,. • I 1 ,• .1 ^ • I ■ -i-i and personal 

tlio purpose aiorosaul, and loi' no other, to receiv*' hy ii'iit, estate, etc. 
bequest or otherwise, and to hold for the purposes afore- 
said, ;ind for no other, real and personal estate to the 
amount of one hundred and fifty thousand dollars. 

Skction 8. Said flonathan Smith, flames C. Duncan Trustees. 
and Andrew E. Ford, the incorjjorators above named, and 
their successors, shall constitute the board of trustees. 
AVhenever a vacancy shall occur in said board Ijy reason vacancy. 
of the death, renlo^al from Clinton, resio-nation or other- 
wise, of any of said trustees, the two remainiiiii" trustees 
shall till such vacancy ; but no person shall be eligible 
for election to membership in said corporation or to said 
board of trustees who is not at the time of his election a 
citizen of said town. Removal from Clinton by any mem- 
ber of the corporation or of the board of trustees shall be 
deenu'd a termination of his membership in said corpora- 
tion and a resignation of his oflice as such trustee. 

Section 4. Said cori)oration shall, ui:)on the accei)t- '''"''^■'•'•i^'^' '>ij'i 
ance of this act, receive and hold all funds coming to said tmids, .ti. 
elonathan Smith, James C. Duncan and Andrew K. Ford 
under and by virtue of the provisions of the second codicil 
to the will of George AY. Weeks, late of said Clinton, or 
otherwise ; and the same shall be appropriated, held and 
used by said corporation for the sole use and purpose 
as aforesaid, and said corporation and its officers shall 
carefully and considerately carry into execution the gen- 
erous plans of the testator as contemplated by paragraph 
six of the second codicil to his will. 

Section 5. Said corporation shall appoint a treasurer, officers, 
clerk and such other officers as may be required to execute etc.'"^" ""^"^ ' 
the purposes of the testator as ex])ressed by him in said 
paragraph six of the second codicil to his will. It shall 
re(juire its treasurer to give liondwith satisfactory sureties 
in such sum as in its discretion it may deem wise and 
expedient. 

Section (i. Said corporation may make In-laws, not Bylaws, etc. 
inconsistent with the provisions of this act, the statutes of 
the Commonwealth, or the terms of the said trust created 
by said will. And generally said corporation may do all 
acts and things necessary or expedient to be done for the 
purpose of carrying into full etl'ect the provisions and pur- 



62 



Acts, 1904. — Chap. 89. 



Investment of 
funds, etc. 



Extract from 
second codicil 
of will of 
George W. 
Weeks. 



When to 
take effect. 



Certain obli- 
gations not 
affected, etc. 



poses of this act and the benevolent intentions of the tes- 
tator as expressed in said will. 

Sectiox 7. The funds of the corporation coming to it 
under said will, or otherwise, shall be safel}' invested in 
such securities as savings banks in this Commonwealth 
are allowed by law to invest in, but in none other. Said 
corporation shall at all times have regard to all the i)ro- 
visions of said will allecting said trust and the desire of 
the testator expressed therein, and particularh" to the sug- 
gestions made in the folloAving extract therefrom, being 
paragraph six of the second codicil of the said will : — 

VI. I give to Jonathan Smith, Rev. James C. Duncan 
and AndrcAv E. Ford, all of said Clinton, in trust, the sum 
of ten thousand ($10,000) dollars, for the establishment 
of a free public Icctures^hip in said town. Aly said trus- 
tees and their successors in the trust are to keep said sum 
safely invested and intact and to expend the income 
thereof in providing free pulilic lectures in some suita))le 
place in the town of Clinton. And I do enjoin upon my 
said trustees and their successors that they procure the 
best talent available for lectures, that they kocj) the lec- 
tureship free from all sectarian and partisan bias, and that 
they so conduct the same that there shall be heard from 
its platform the host thought upon all sulijects of human 
inquiry. Should any of the aliove named trustees have 
removed from town or not be living at my decease, and in 
case I should fail to nominate by will or otherwise a suc- 
cessor to the vacanc}^ then the surviving trustees above 
named and who may be residents of Clinton at my death, 
shall fill such vacancy or vacancies in said board. Re- 
moval from town hy any trustee, now or hereafter chosen, 
shall be deemed a resignation of his oiEce as such trustee. 
And said board above selected or chosen shall afterward, 
as vacancies occur, fill the same by the election of some 
resident of Clinton. 

Section 8. This act shall take effect whenever the 
same shall be accepted b}^ the unanimous vote of said trus- 
tees named in paras^raph six of the second codicil of said 
will. 

Section 9. Nothing in this act contained shall be held 
in any way to alter or impair any trust created by said 
Avill or either of the codicils thereto. The corporation 
hereby created, acting through its proper oflicei's, shall be 
deemed the agent fo)- the proper execution of all trusts 



Acts, liKU. — Chap. DO. Gli 

ari^^ino- under said will. Xotliiiiii' in this iiet shall be 
construed as releasing said corporation, acting through 
its proper officers, from any obligation arising from the 
acceptance of said l)e(|uest under said will, or from an}' 
condition made therein. Sivid Jonathan Smith is hereby First meeting. 
authorized and empowered to appoint the time and place 
for holding the first meeting of the corporation and to 
notify the members 1 hereof. 

Apx>roved February 16, 1904. 

An Act to aithorizk the city of cambkidge to make an ad- nj.ffjf GO 

DITIONAL WATEK LOAN. 

Be it enacted, etc., as follows : 

Section 1. The city f)f Cambridge may, from time t(j Cambridge 
time, issue scrip or lionds in excess of the limit allowed by 
law, to an amount not exceeding five hundred thousand 
dollars, and desio'nated on the face thereof, Cambrido^e 
Water Loan. Such scrip or bonds shall bear interest, 
payable semi-annually, at a rate not exceeding four per 
cent per aniumi, and shall be payable within such ])eri()ds, 
not exceeding thirty years from the respective dates of 
issue, as shall be d(^termined b}^ said city by vote of its 
city council and as shall be expressed on the face of such 
scrip or bonds. The proceeds of said loan shall be used 
for the protection and extension of the Avater supply, and 
the renew^al, enlargement and construction of the water 
works of said city. 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 pur})oses, but the same 
shall not be sold or pledged for less than the par value 
thereof. 

Section 2. The provisions of chapter two hundred and is84, 'jr,6, etc., 

to tlPlJlV. 

fifty-six of the acts of the year eighteen hundred and 
eighty-four and of the acts mentioned therein, in regard to 
the establishment and maintenance of a sinking fund for 
the redemption of the Cambridge water loan, and of all 
acts in amendment thereof and in addition thereto, together 
with the provisions of sections twelve, thirteen, fourteen, 
fifteen, sixteen and seventeen of chapter twenty-seven of 
the Revised Law^s, shall, so far as they may be applicable, 
apply to the loan authoriz(^d liy this act. 

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

Approved Februarif 16, 1904. 



64 



Acts, 1904. — Chaps. 91, 92, 93. 



Chan. 91 -^^ ^^"^ making an appropriation for the compensation of 

THE committee ON CORPORATION LAWS. 

Be it enacted, etc.,, as follows : 
of°commUter SECTION 1. The suiii of teii thousand five hundred dol- 
iTwT'^^"'^""''" lars is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for the 
compensation of the committee on cor})oration laws, such 
compensation being authorized by chapter three hundred 
and thirty-five of the acts of the year nineteen hundred 
and two. 

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

Approved February 10, 1904. 

Chcip. 92 -^^ ^CT TO CHANGE THE NAME OF THE MASSACHUSETTS BAPTIST 
CONVENTION TO MASSACHL'SETTS BAPTIST MISSIONARY SOCIETY. 

Be it enacted, etc., as folloios : 

Section 1. The Massachusetts Baptist Convention, a 
cor})oration contiiuied under that name by chaj)ter twenty- 
three of the acts of the year eighteen hundred and thirty- 
five, having lieen incorj)orated originallj' hy chapter 
sixty-one of the acts of the year eighteen hundred and 
eight as the Baptist Missionary Society in Massachusetts, 
shall hereafter be known as Massachusetts Baptist Mis- 
sionaiy Society. 

Section 2. All devises, bequests, conveyances and 
gifts, heretofore or hereafter made to said cor})oration by 
any of said names, shall vest in the Massachusetts Baptist 
Missionary Society. 

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

Approved Fehrnary 10, 1904. 



Name changed, 



Devises, 
bequests, etc. 



ChciV. 93 ^^ ^^^ ^*^ AUTHORIZE THE TOWN OF NORTH ANUOVEK TO EXTEND 
ITS AVATER SUPPLY SYSTEM AND TO BORROW MONEY THEREFOR. 



Town of North 
Andover may 
extend its 
water supply 
system. 



Be it enacted, etc., as folloivs : 

Section 1 . The town of North Andover is hereby 
authorized to extend the water supi)ly system acquired by 
it in pursuance of the provisions of chapter two hundred 
and two of the acts of the year eighteen hundred and ninetj'- 
three, and to expend therefor a sum not exceeding thirty 
thousand dollars. 
Water l°mnr'' Section 2. For the afoj-csaid purpose the town of 
^'■^*- North Andover is hereby authorized to issue from time to 



Acts, 1904 — Chap. 94. C/l 



time bonds, notes or scrip to an amount not exceeding 
thirty thousand dollars. Such bonds, notes or scrip shall 
bear on their face the words, Xorth Andover Water Loan, 
U)()4 : shall ])e i)ayahl(' at the expiration of periods not 
exeeedinii' thirt}' years from the date of issue, or earlier, 
at the option of the tow n ; shall bear interest, payable 
semi-annually, at a rate not exceedino; four per cent per 
annum, and shall he sioned by the treasurer of the town 
and countcrsiiiued by the board of water commissioners. 
The town may sell said 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 shall deem 
proper : provided, that such securities shall not be sold for Proviso. 
less than the par value thereof. 

Section 3. Said town shall at the time of authorizing Pavmeut 
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 amount re(juired thereby shalb 
without further vote be assessed by the assessors of the 
town in each year thereafter, 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 the town under authority of this act 
shall be extinguished. 

Section 4. In addition to the amount which said town Town to raise 
is re(|uired by the provisions of said chapter two hundred i.y taxation 
and two annuall}' to raise, the town shall annually raise ^"""*''^- 
by taxation a sum which together with the income derived 
from the water rates Avill be sufficient to pay the annual 
expenses of operating its Avater 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 pay- 
ments on the principal as may be required under the pro- 
visions of this act. 

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

Aj^jiroved Fehrvary 16, 1904. 

An Act to authorize the town of hudson to refund a part Cj],frn 94 

OF ITS INDEBTEDNESS. 

Be it enacted, etc., as folloios : 

Section 1. The town of Hudson is hereby authorized X?^\" ?/,„.,„ 
to borrow, for a term not exceedino- thirteen years, a sum borrow a 

■,. r- 1 1 1 11 ■/• certain sum. 

not exceeding twenty-iive thousand dollars, tor the pui'- 



m 



Acts, 1904 — Chaps. 95, 96. 



pose of paying its note for that amount due on the fifth 
day of October in the year nineteen hundred and four. 
For the sum borrowed under this act the town shall fiive 
a note or notes, to be signed b}' its treasurer, and counter- 
signed by its selectmen, with interest, payable semi- 
annually, at a rate not exceeding four per cent per annum. 
Such note or notes shall provide for payment of the prin- 
cipal in annual i)ayments of twenty-five hiuidred dollars 
each, commencino- in the year nineteen hundred and eioht. 
Section 2. This act shall take effect upon its passage. 

Approved February 18, 1904. 



Chap. 95 An Act making ArpROPRiAxiONS for salaries and expenses in 

THE OFFICE OF THE STATE BOARD OF HEALTH. 



Appropria- 
tions. 



State b«ard of 

healtli, 

secretary. 

Expenses. 



Inspection of 
milk, food 
and drusirs. 



Examination 
of sewer 
outlets. 

Distribution, 
etc., of anti- 
toxin and 
vaccine lympli. 
Annual report. 



Be it enacted, etc., as foUotos: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Conuiion wealth 
from the ordinary revenue, for the state board of health, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

For the salary of the secretary of the board, three thou- 
sand dollars. 

For the general work of the board, including all neces- 
sary travelling expenses, a sum not exceeding twenty 
thousand dollars. 

For salaries and other expenses in connection with the 
inspection of milk, food and drugs, a sum not exceeding 
twelve thousand five hundred dollars. 

For expenses of the examination of sewer outlets, a sum 
not exceeding sevent^^-five hundred dollars. 

For the production and distribution of antitoxin and vac- 
cine lymph, a sum not exceeding eight thousand dollars. 

For printing and binding the annual report, a sum not 
exceeding four thousand dollars. 

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

Approved February IS, 1904. 



Chwp. 96 An Act relative to expenses of the railroad comihissioners. 

Be it enacted, etc., as follows. ■ 

raifi^oad^com- Section 1. Tlic boaixl of I'aili'oad commissioners may 
missioners. expend not iHore than forty-five liundred dollars annually 



Acts, IIW. — Chap. 97. 67 

in proouiino; necessary books, maps, statistics and sta- 
tionery, and in defniying' expenses incidental and neces- 
sary to the pertorinance of its duties. 

Section 2. So much of section nine of chapter one KepeaL 
hundred and eleven of the Revised Laws as is inconsistent 
with this act is hereby repealed. 

Section 3. This act shall take effect u})on its})assagc. 

Approved February 18^ 1004. 

An Act makinc^ aimmjophiations for the salaries and expenses /^/.^/jj C)7 
of the district police. 

Be it enacted, etc. , as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropria. 
priated, to ])e })aid out of the treasury of the Connnonwealth "'^"*' 
from the ordinary revenue, for the purposes specified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

For the salary of the chief of the district police, twenty- ciiieiof 
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 * "''•^ '^^''^^^• 
of the district police, fifteen hundred dollars. 

For the salaiy of the second clerk in the office of the second clerk. 
chief of the district police, one thousand dollars. 

For the salary of the clerk in the fire marshal's depart- <'ierkin Are 
ment of the district police, twelve hundred dollars. lu'paitment. 

For the salary of the stenographer in the fire marshal's stenumapher. 
dei)artment of the district police, twelve hundred dollars. 

For the salary of the chief aid in the fire marshal's de- cinefaid. 
partment of the district police, fifteen hundred dollars. 

For the salaries of si.x additional aids in the fire marshal's Aii.iitionai 
department of the district police, six thousand dollars. '"''^' 

For the salary of the clerk in the boiler inspection de- cierk m boiier 
partment of the district police, six hundred dollars. !ie partm^ent. 

For the compensation of the members of the district Members of 

,. ^ ,. - - .1 J /> <listrict police. 

police, a sum not exceeding seventy-two thousand five 
hundred dollars. 

For travelling expenses of the members of the district Expenses. 
police, a sum not exceeding twentj'-one thousand dollars. 

For travellino;, contimfent and incidental expenses of Expenses of 

•- ' • 1 lire marshal's 

the fire marshal's department of the district police, the department. 



68 



Acts, 1901. — Chap. 98. 



Office 
expenses. 



Expenses of 
chief and 
members of 
district police. 

Annual report. 



same to include services and expenses of persons employed 
in outside secret investigations, witness fees and travel, 
under the direction of the deputy chief, a sum not exceed- 
ino; six thousand dollars. 

For postage, printing, stationery, telephone, telegi*apli, 
and incidental and contingent office expenses under the 
direction of the deputy chief, a sum not exceeding twenty- 
five hundred dollars. 

For incidental and contingent expenses of the chief and 
members of the district police, a sum not exceeding twent}"- 
five hundred dollars. 

For printing and l)indlng the annual report, a sum not 
exceeding seventeen hundred dollars. 

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

Approved February IS, 1904. 



Cluqj. 98 



Appropria- 
tions. 



State l)oard of 

education, 

secretary. 

Clerical and 

messenger 

service." 



Expenses. 



Expenses 
of memliers 
of board. 



State normal 
schools. 



An Act making appropriations for salaries and expenses in 
the office of the state board of education, and for sun- 
dry educational expenses. 

Be it enacted, etc., as folloius : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasurv 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 four, to wit : — 

For the salary and expenses of the secretarv of the state 
board of education, forty-five hundred dollars. 

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 other expenses of the 
boarding houses at the various normal schools, a sum not 



Acts, 190(. — Citap. 90. 69 

exceeding: twi) lumdrcMl sovtMity-onc thousiind two hundred 
and iiiiu'tv-(Mij:ht dollars. 

For tlir Mipport of the state noriiial art school, a sum state normal 
not excoedino- twenty-nine thousand two hundred and "''''''"" ' 
forty-six dollars. 

For the expenses of teachers' institutes, a sum not ex- Tearhere' 
eeeding two thousand dollars. 

For the ^Massachusetts Teachers' Association, the sum Massachueetts 
of three hundred dollars, subject to the a})proval of the AssodfiUou. 
state board of education. 

For the expenses of county teachers' associations, a sum county 
not exceedino- three hundred and twenty-five dollars. a^'soci/itions. 

For the Dukes CountA" Educational Association, the sum Dukes county 

c iXi'i. J n Educational 

Ot titty dollars. Association. 

For aid to pupils in state normal schools, a sum not Aidtopupiis 

i j 1 1 11 1 1 • • in state normal 

exceedmg tour thousand dollars, i)ayable in semi-anmial schools. 
instalments, to be expended under the direction of the state 
board of education. 

For enabling small toAvns to provide themselves with f,^tcnden"s1n 
school superintendents, a sum not exceeding ninety-eight smaii towns. 
thousand seven hundred and fifty dollars. 

For the education of deaf pupils of the Commonwealth J^jf ':!t,'"i"J'* 
in the schools designated by law, a sum not exceeding 
seventy-eight thousand dollars. 

For school registers and other school blanks for the cities school blanks. 
and towns of the Commonwealth, a sum not exceeding 
twelve hundred dollars. 

For printing and binding the annual report of the state Annual reiK.rt. 
board of education, a sum not exceeding three thousand 
dollars. 

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

Ajyproced February 18, 1904. 

An Act uelative to clerical assistance in the office of the ni.f,^^ f)C) 

TAX COMMISSIONEK. 

Be it enacted, etc., as follows : 

Section 1. Section two of chapter fourteen of the Re- ii. l. i4, §2, 
vised Laws is hereby amended by striking out the words "'"''^' *^' ' 
" seventeen thousand", in the sixth line, and inserting in 
place thereof the words: — nineteen thousand five hun- 
dred, — so as to read as follows : — Serf ion 2. He shall Clerical 

• 1 1 • • 1 1 1 1 II astsistance in 

appoint a deputy at a salary ot twenty-nve hundred dollars omceof tax 

^ '^ 1 .*^ .11 .i^ji commissioner. 

a year and may employ two permanent clerks, the nrst at 



70 



Acts, 1904. — Chap. 100. 



a salary of two thousand dollars a year and the second at a 
salary of fifteen hundred dollars a year, and such addi- 
tional clerical and other assistance as may be uecessar>^ at 
an expense not exceeding nineteen thousand five hundred 
dollars a year. 

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

Approved February 18, 1904. 

OhciV.^OO -^^ ^^^"^ KELATIVE TO THE FlUST CONGREGATIONAL SOCIETY IN 



The First Con- 
gregational 
Society in 
Salem', mem- 
bership, etc. 



Annual 
meeting, 
trustees, etc. 



Trustees may 
luirctiasc 
property, etc. 



Be it enacted, etc., as follows: 

Section 1. The First Congregational Society in Salem, 
commonly known as the First Church in Salem, and duly 
incorporated by chapter thu"ty-five of the acts of the year 
eighteen hundred and seventeen, may, from time to time, 
notAvithstanding anything contained in its charter, make 
by-laws providing for the enlargement of its membership 
so as to include any person in sympathy with the purposes 
and methods of said .society, who shall agree to sui)port it 
morally and financially in such a manner as may be deter- 
mined l)y said society and as set forth in its by-hiAvs, and 
who shall make to the clerk of said society a statement of 
such facts as may be required by the by-laws, and shall 
request to be admitted to membership therein. Persons 
so admitted imder this act while members of said corpora- 
tion shall have the same rights and i)owers and be subject 
to the same liabilities as the present members of said cor- 
poration ; and said cor})oration may also from time to time 
make such by-laws concerning other matters as it could 
make if organized under general laws relating to like 
corporations. 

Section 2. The annual meeting of said corporation 
shall hereafter be held on the second Thursday evening in 
April of each year, and at the first annual meeting after 
the passage of this act there shall be elected by ballot a 
board of nine trustees, who shall be members of said society, 
to ht)ld office, three for a period of one year, three for a 
period of two 3"ears and three for a i)eriod of three years, 
and thereafter at each annual meeting there shall be elected 
three trustees, who shall serve for a period of three years 
and until their successors arc chosen and qualified. Said 
board of trustees shall take the place of the committee of 
five mentioned in said chapter thirty-five, and shall have 



Acts, 1904. — Chaps. 101, 102. 71 

all (lie ))()wcrs conferred upon said committee, and shall 
also have power to purchase property for the benefit and 
use of said society : 2)r()vi(k'il., that such purchase shall '''"^'fi""- 
first receive the sanction of a majority of tiie members of 
said society present and voting at a meeting duly called 
for the purpose by public notice given from the [)ul})it by 
the ])astor on two consecutive Sunday mornings jirior to 
said meeting, or by written notice sent by the clerk to 
every member of said society ; but the legal title to the 
church building now occupied by said society, and to all 
other pro})erty now owned or hereafter purchased by it, 
shall be in said corporation, and may be sold, mortgaged 
or otherwise encumbered by it; provided, that such sale, 
mortgage or encumbrance be authorized at a legal meeting 
called in the manner hereinbefore ])rovided. Said board 
of trustees may elect such officers of said board and may 
make such liy-laws as are not iiu'onsistent with the charter 
of said society as hereby amended, or its by-laws, and 
generally may manage the secular affairs of said society, 
subject to its direction and control, but shall have no con- 
trol in the choice or dismissal of a })astor or in any of the 
spiritual affiiirs of said society. 

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

Approved February IS, 1904. 

An Act to authorize the proprietors of cedar (Jrove ceme- QJiQ/n \0\ 

TERY IN THE CITY OF BOSTON TO HOLD ADDITIONAL PERSONAL 
ESTATE. 

Be it enacted, etc., as follows : 

Section 1 . The Proprietors of Cedar Grove Cemetery May hold 
in the city of Boston are hereby authorized to hold per- personT 
sonal estate to the amount of one hundred thousand dol- '=^*^'*'^^- 
lars, in addition to the amount now authorized by law. 

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

Approved February IS, 1904. 

An Act making an appropriation for the Massachusetts state fyjjfj^ lAO 

SANATORIUM. 

Be it enacted, etc., as follows : 

Section 1, The sum of ninety thousand dollars is MassachuBette 
hereby ap})ropriated, to be paid out of the treasury of the sanatorium. 
Commonwealth from the ordinary revenue, for the care 



72 



Acts, 1904. — Chaps. 103, 104 



and maintenance of patients at the ]\ra.s.saehusetts state 
sanatorium during the _\'ear ending on the thirty-first day 
of December, nineteen hundred and four, to inckide the 
printing and binding of the annual report, this sum to be 
in addition to any receipts of the institution ; and so much 
of said receipts as may be needed to i)ay the expenses of 
the institution may be used for tliat pur})ose. 

Section 2. This act sliall take etiect ui)on its i)assage. 

Approved February 18, 1904. 



(JJiavAOS ^^ ^^^ MAKING APPUOPKIATIONS FOR THE MASSACHUSETTS HOSPI- 
TAL FOR DIPSOMANIACS AND INEBRIATES. 



Massachusetts 
hospital for 
dipsomaniacs 
and inebriates. 



Expenses. 



Current 

expenses. 

Maintaining 
Industries. 



Be it enacted, etc., as foUotvs : 

Section 1 . Tlie sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the su})port of the Massa- 
chusetts hospital for dipsomaniacs and inebriates during 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

For the expenses of said institution, to include the print- 
ing and binding of the annual report, the sum of twelve 
thousand four hundred and eighteen dollars, 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 tw^enty-eight of chapter eighty-seven 
of the Revised Laws, said sum to be in addition to the 
receipts from other sources ; and so nuich of said receii)ts 
as may be needed to pay the expenses of the institution 
may be used for that purpose. 

For current expenses, in addition to the appropriation for 
state patients, a sum not exceeding ten thousand dollars. 

For maintaining industries at said institution, a sum 
not exceeding three thousand dollars. 

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

A2)2yroved February IS, 1904. 



Chan 104 ^^ ^^^^ making appropriations for the expenses of THE COM- 
MISSIONERS OF THE MASSACHUSETTS NAUTICAL TRAINING SCHOOL. 

Be it enacted, etc., as folloivs : 

nauucaii tra^n^ SECTION 1 . The sums hereinafter mentioned are appro- 
ing school. priatcd, to be paid out of the treasury of the Commonwealth 



Acts, 19(U. — Chaps. 105, lOG. 73 

from the ordinary rrvciuir, for the Massachu.setts nautical 
traininc: school, for th(> yctir cndini:: on the thirty-first day 
of DociMubcr, nint'toen hundred and four, to Avit : — 

For curmit expenses, a sum not exceeding fiftj-five Current 
thousand dollars. ' ''"'°''''- 

For the necessary expenses of the commissioners, in- Expenses 
chidini:- the salary of the secretary, clerical services, print- 
ing, stationery, and for contingent expenses, including 
the printing and binding of the annual report, a sum not 
exceeding live thousand dollars. 

Section 2. This act shall take effect u})on its })assage. 

Approved Februanj IS, 1904. 



of commis- 
sioners. 



Chap.l05 



An Act relative to great daxes and certain other dogs. 
Be it enacted, etc., as foUoivs : 

Section 1. Xo ])erson shall kecji or have in his care Keeping, etc, 
or possession any bloodhound, excepting an English blood- prohfbi'ted^"^*^ 
hound of pure blood whose pedigree is recorded or would 
be entitk^d to record in the English bloodhound herd 
book, or any dog classed by dog fanciers or breeders as 
Cuban bloodhound or Siberian bloodhound, whether such 
dog is in Avhole or in part of such species, unless such dog 
is kept solely for exhibition. In such case he shall at all 
times be kept securely enclosed or chained, and shall not 
be allowed at large even though in charge of a kee})er, un- 
less proi)erly and securely muzzled. 

Section 2. Sections one hundred and thirty-eight and K«peai. 
one hundred and fortj-one of chapter one hundred and two 
of the Revised LaAvs are hereljy repealed. 

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

Approved February 24, 1904. 



ciuq^.ioe 



An Act to provide for the election of a board of water and 

municipal light commissioners in the town of H'SWICH. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Ipswich shall, within one year Town of 
after this act takes effect, elect by ballot a board of Avater elcl" a board of 
and municipal light commissioners, to consist of three numfei',°Hi 
persons, who shall hold office for terms ending one year, I^^^I^q^ 
two years and three years, respectively, from the date of 
the meeting at Avhich they are elected, if the same is an 
annual meeting, or, if the same is a special meeting, for 



I'om- 
missloners. 



74 



Acts, 1904. — Chap. 107. 



Vacancy. 



Powers, 
duties, etc. 



Existing con- 
tracts, etc., 
not affected, 
etc. 



When to 
take effect. 



terms ending one year, two years and three years, respec- 
tively, from the date of the annual meeting next following 
their election, and, in either case, until their successors 
are elected ; and at each annual town meeting thereafter 
the town shall elect one member of said board to serve 
for three years and until his successor is elected. If 
a vacancy shall occur in said board the town may at 
any meeting called for the purpose elect a person to fill 
such vacancy. 

Section 2. Upon and by the election of a board of 
Avater and municipal light conmiissioners under section 
one of this act the board of water commissioners estab- 
lished under chapter tlii'ee hundred and thirteen of the 
acts of the year eighteen hundred and ninety shall be 
abolished, and the selectmen of said town shall cease to 
exercise such powers and to be subject to such duties, lia- 
bilities and penalties as at the time of such election are 
conferred or imposed by general laws upon nmnicipal light 
boards ; and thereupon all the powers, rights, duties and 
liabilities of said board of water commissioners shall be 
transferred to said board of water and municipal light 
commissioners. Said board of water and municipal light 
commissioners shall also have all the powers and be sub- 
ject to all the duties, liabilities and penaltieit which at the 
time of such election are or thereafter may be conferred or 
imposed by general laws upon municipal light boards. No 
contracts, rights, liabilities or suits existing at the time 
of such election shall be affected in any Avay, but said board 
of water and municipal light commissioners shall, in all 
respects and for all purposes whatsoever, be the lawful 
successor of said board of water commissioners and of said 
selectmen acting as aforesaid, respectively. 

Section 3. This act shall take effect upon its accept- 
ance by said town at a legal meeting called for that pur- 
pose. Approved February 24, 1904. 



Ch(ip.l.07 -^^ -^CT RELATIVE TO THE DISTRIBUTION AND USE OF THE INCOME 

OF THE SCHOOL FUND. 

Be it enacted, etc, as foUoivs: 
Distribution of SECTION 1. No town shall rcceivc any part of the in- 

iDconiG or *^ 

school fund, come of the Massachusetts School Fund unless it shall have 
complied, to the satisfaction of the board of education, 
with all laws relating to the public schools. 



Acts, 1904. — Chaps. 108, 109. 75 

Section 2. Xo part of the income of the Massachu- Not to ijc used 
setts School Fund jshall be u.sed for payment of the com- inrrpose's" 
pen.sation or expenses of members of school committees. 

Approved February 24, 1904. 

An Act relative to certain certificates filed by the massa- (7y^,cjr>.108 

CHISETTS HIGHWAY COMMISSION IN THE OFFICES OF THE COUNTY 
COMMISSIONERS OF THE SEVERAL COUNTIES. 

Be it enacted, etc. , as follotvs : 

Section 1 . Section six of cliapter forty-seven of the r. l. 47, § 6, 
Revised Laws is hereby amended by inserting before the '^"^^'^ ^ 
word "certificate ", in tlie fourth line, the words : — certi- 
fied copy of a, — so as to read as follows: — >iection 6. o^eertafn state 
If said commission determines that i)ubHc necessity and highways. 
convenience require that such way should be laid out or 
lie taken charge of by the Commonwealth, it shall file a 
certified copy of a })lan thereof, a copy of the [)etition 
therefor and a certified co})y of a certificate that they have 
laid out and taken charge of said highway in accordance 
with said plan, in the office of the county commissioners 
for the county in which the way is situated, and shall file 
a copy of the })lan and location of the portion lyhig in 
each city or town in the office of the clerk of said city or 
town, and thereafter it shall be a state highway, and shall 
be constructed and kept in good repair and condition by 
the commission, at the expense of the Commonwealth. 

Section 2. The filing of certified copies of such cer- Filing of 
tificates in the offices of the county commissioners hereto- tai'nfcruflc^ates 
fore by the Massachusetts highwa}^ commission is hereby ^^^^f^' ^^■ 
ratified and confirmed and made valid, to the same extent 
as if the original certificates had been filed. 

Section 3. This act shall take efiect u})on its passage. 

Approved February 24, 1904. 

An Act making appropriations for salaries and expenses in f^hfyr^ lAQ 

THE bureau of STATISTICS OF LABOR. 

Be it enacted, etc., as foUoics : 

Section 1 . The sums hereinafter mentioned are ap})ro- Appropria- 
priated, to be paid out of the treasury' of the Conmionwealth "°°^' 
from the ordinary revenue, for the ])ureau of statistics of 
labor, for the year ending on the thirty-first day of Decem- 
ber, nineteen hundred and four, to wit : — 



76 



Acts, 190i. — Chap. 110. 



Chief of 
bureau of 
statistics 
of labor. 
First clerk. 



Second clerk. 
Special agents. 



Clcri<'al 
assistance. 



Statistics of 
manufactures. 



Expenses of 
special census. 



Annual 
reports. 



For the salary of the chief of the bureau, three thousand 
dollars. 

For the salary of the first cleric, two thousand dol- 
lars. 

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-foiu* hundred dollars. 

For such additional clerical assistance and for such other 
expenses of the bureau as may be necessary, a sum not 
exceeding thirteen thousand eight hundred dollars. 

For expenses in connection with the annual collection 
of statistics of manufactures, a sum not exceeding sixty- 
five hundred dollars. 

For expenses in connection with taking a special census 
in towns having an increased resident population during 
the summer months, a sum not exceeding six hundred 
dollars. 

For printing and binding the annual reports of the 
bureau of statistics of labor, a sum not exceeding four 
thousand dollars. 

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

Apx)roved February 27, 1904. 



GllCip.Wi) ^^^ -^CT RELATIVE TO THE LIABILITY OF STKEET RAILWAY COM- 
PANIES FOK INJURIES ON STATE HIGHWAYS. 



R. L. 112, § 45, 
amended. 



lyiability for 
injury caused 
by defect in 
highway, etc., 
in certain 
cases. 



Be it enacted, etc., as follows : 

Section 1. Section forty-five of chapter one hundred 
and twelve of the Kevised Laws is hereby amended by 
inserting after the word " against ", in the first line, the 
words: — the ComiiKni wealth, — and by inserting before 
the word "city", in the seventh line, the word: — Com- 
monwealth, — so as to read as follows: — Section 45. 
If, upon the trial of an action against the Commonwealth, 
a city, town, railroad corporation or bridge corporation, 
the plaintiff recovers damages for an injury to his person 
or property which was caused b}^ reason of a defect in a 
street, highway or bridge which is occupied by the tracks 
of a street railway comimny, and the street railway com- 
pany is liable for such damages and has had reasonable 
notice to defend the action, the Commonwealth, city, town, 
railroad corporation or bridge corporation may recover the 



Acts, 1904. — Chap. 111. 77 



danmires, and all the costs of both plaintitF and dcfcMidant 
in the action troni the street railway company. 

Section 2. This act shall take effect upon its passai2:e. 

Apjvoved February 27, 1904. 

An Act making APPRorRiATioNS fou salaries and expenses in (Jj^^^^j ]^|] 

THE DEPARTMENT OK THE ADJUTANT GENERAL, AND FOR SUNDRY 
OTHER MILITARY EXPENSES. 

Be it enacted, etc., as follotvs : 

Section 1 . The sums hereinafter mentioned are appro- Appropria- 
priated, to he jiaid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the year endinir on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

For the salary of the adjutant oeneral, thirty-six hun- Acijutant 
dred dollars. 

For the salaiy of the first clerk in the adjutant fjencral's First cierk. 
department, twent3'-two hundred dollars. 

For the salary of the second clerk in the adjutant gen- second cierk. 
eral's department, sixteen hundred dollars. 

For the salary of an additional clerk in the adjutant ,'?;^)*|'^'°"'''' 
general's department, tAvo 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 general's Messeutrer. 
department, eight hundred dollars. 

For such additional clerical assistance as the adjutant V'af'f'ifi.^ 

•' . assistance. 

general may find 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- Miiitia, 
teer militia, a sum not exceeding one hundred and sixty- compensation. 
five thousand dollars. 

For the transportation of officers and men of the volun- Transpor- 
teer militia, when on militar}' 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-five hun- 
dred dollars. 

For rent of brigade and battalion headquarters and .^j!^,"^^gg 
company armories, a sum not exceeding thirty-eight thou- 
sand dollars. 



78 



Acts, 1904. — Chap. 111. 



Quartermas- 
ters' supplieB. 

Expeuses. 



Camp 
ground, etc. 



Militarj- 
accounts. 



Care, etc., of 
armories. 



Janitors. 
Clotliing. 
Rifle practice. 



Care, etc., of 
U. S. steamer 
Inca. 



Care, etc., of 
propert}-. 



Annual report. 



Surgeon 
general. 

Medical 
supplies, etc. 



Examination 
of recruits. 



For quartermasters' supplies, a sum not exceeding ten 
thousand dollars. 

For incidental and contingent expenses in the quarter- 
master general's department, a sum not exceeding five 
thousand dollars. 

For grading and caring for the camp ground and build- 
ings of the Commonwealth at Framingham, a sum not ex- 
ceeding twentj'^-five hundred dollars. 

For expenses in connection with military accounts not 
otherwise provided for, a sum not exceeding four thou- 
sand dollars. 

For heating, lighting, furnishing and caring for the 
armories recently erected in certain cities of the Common- 
wealth for the use of the volunteer militia, a sum not ex- 
ceeding thirty-five thousand dollars. 

For services of janitors of certain armories, a sum not 
exceedinof seven thousand dollars. 

For allowance for clothing and for repair of the same, a 
sum not exceeding nine thousand dollars. 

For expenses in connection with the rifle })ractice of the 
volunteer militia, a sum not exceeding twenty-three thou- 
sand dollars. 

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 the care and 
responsibility of property, a sum not exceeding fifty-one 
hundred and fifty dollars. 

For printing and liinding the annual report 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 use of the volunteer militia, and 
for incidental and contingent expenses of the surgeon gen- 
eral, including the printing of his annual report, a sum not 
exceeding twentj^-four hundred and seventy-five dollars. 

For expenses in connection with the examination of re- 
cruits for the militia, a sum not exceeding twentj-six hun- 
dred dollars. 

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

Approved February 27, 1904. 



Acts, IIHM. — Chaps. 112, li:), 114. 



A>f Act makixc ArPKoruiATroNs von salakiks and expenses at (7//rn>,112 

THE STATE KAKM. 

Be it enacicd, efc, as foUoirs : 

Skctiox 1. The sums heroinaftcr niontioned are appro- ApiJiopria- 
})riated, to be paid out of the treasury of the Conunonwealth 
from the ordinary revenue, for the state farm, for the year 
ending t)n the thirty-first day of December, nineteen hun- 
dred and four, to wit : — 

For the payment of salaries and wages, a sum not ex- state fann, 
ceeding tifty-one thousand dollars. 

For other current expenses, including the printing of the Expenses. 
annual report, a sum not exceeding one hundred and 
thii'ty-six thousand two hundred dollars. 

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

Approved February 27, 1904. 



An Act making Ai'i'RoeRiATioNS fou salaries and expenses at QhnrQ 1 1Q 

THE state hospital. 

Be it enacted^ etc. , as follotvs : 

Section 1. The sums hereinafter mentioned are appro- ApiJiopria- 
})riated, 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 four, to wit : — 

For the payment of salaries and Avages, a sum not exceed- ya'/.|^ie^^^tc"^' 
ing forty-nine thousand seven hundred and twenty dollars. 

For other current expenses, including the printing and Expenses. 
binding of the annual report, a sum not exceeding one 
hundred sixty-four thousand three hundred and twenty- 
five dollars. 

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

Approved February 27, 1904. 

An Act making appkopkiations kok salapjes and expenses at (Jhaj) 114 

THE state INDUSTPJAL SCHOOL EOU GIKLS. 

Be it 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 purposes specified, for 



80 Acts, 1904. — Chaps. 115, 110. 

the year ending on the thirty-first da^^ of December, nine- 
teen hundred and four, to wit : — 

srhooi°f!>T*"^' For the payment of salaries and wages at the state in- 

giris, salaries, dustrial school for 2'irls, a sum not exceedino; nineteen 
tliousand three hundred and eighty-seven dollars. 

Expenses. Yov other Current expenses at the said school, a sum not 

exceeding twenty-six thousand four hundred and eighty- 
five dollars. 

younger^g?ri8 ^^^' cxpcuses in conuectiou with boarding out ^^ounger 
girls from the state industrial school, to include the board- 
ing and other expenses of girls on probation, a sum not 
exceeding sevoity-seven hundred and thirty dollars. 

pubric*s"iioors F^i" instruction in the public schools in any city or 
town in the Commonwealth of pupils 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. 

Ax)i^roved Fehrxiary 27, 1904. 

ChavA\5 ^^ -^CT MAKING AX APPROPRIATIOX FOR THE CARE OF RESERVA- 
TIONS UNDER THE CONTROL OF THE METROPOLITAN PARK COM- 
MISSION. 

Be it enacted, etc., as foUoirs : 

reservadous'!'" SECTION 1. A sum not exceeding one hundred fift}^- 
five thousand nine hundred and seventy-one dollars is 
hereby appropriated, to be paid out of the Metropolitan 
Parks Maintenance Fund, for the care of reservations under 
the control of the metropolitan park commission, includ- 
ing the printing and binding of the annual report, during 
the year ending on the thirty-first day of December, nine- 
teen hundred and four. 

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

Apj)roved Fehrnary 27, 1904. 

Chai) 116 -^^ ^^^ '^^ AUTHORIZE THE TAKING OF SHINERS FOR BAIT IN THE 
CONNECTICUT RIVER DURING CERTAIN MONTHS. 

Be it enacted, etc., as follows : 

^m^ndV^^' Section 1. Section eighty-one of chapter ninety-one 
of the Revised Laws is hereby amended hy striking out 
the word "river", in the third line, and inserting in place 
thereof the words : — and Connecticut rivers, — so as to 



Acts, 1904. — Chaps. 117, 118. 81 

road as follows : — Sertio)) 81. Duriiii^: November and Do- Takmjr of 

' - , . , , KllilUTrt 111 

eeiuber any ix'rson may, for the ])uri)ose oi takni"' sinners Miriimjic an.i 

,. . •, i" " • , • . • ^1 Tvr • CuiiiKTiicut 

tor bait, draw a not or seme at any point m tlie JVlerrnnae liv.Mspii 
and Connecticut n\t'rs except witlim tour liunclrcd yards ,.,.,.,aiii 
of any fislnvay ; and if any othci- fish so cauiiht are imme- '"""*''«• 
diately returned alive to llie waters from which they were 
taken, the })enalties prescribed in sections forty-six, forty- 
seven, forty-nine, seventy-eiii^ht and sevent3'-nine shall not 
a})ply to the takinu' of such fish. 

SiiCTioN 2. This act shall take eti'ect upon its passage. 

Approved February 27, 1904. 

An Act to katify tih: locatioxs of state uKiiiwAvs hereto- fJJ^Qyf W^ 

FOKE LAID OIT in TUE MASSACIILSETTS HIOIIWAV COMMISSION. 

Beit enacted, etc., as follows : 

Section 1. The location and laying out of all state Location, etc., 
highways heretofore laid out by the Massachusetts high- iiighways 
Avay commission in l^ehalf of the Commonwealth are hereby 
legiilized and conhrmcd, notwithstanding any failure to 
file a deseription and })Ian thereof for record in the registry 
of deeds for the county or district in which the land lies, 
within sixty daj's after the })assage of the order of said 
commission laying out an}' such highway, as is required 
by section ninet^^-seven of chapter forty-eiglit of the 
Revised Laws. 

Section 2. This act shall take effect u])on its passage. 

Approved Fehrnary 27, 1904. 

An Act relative to fisheries in the avaters of pleasant hay (JJf((j) Hg 

ANn ITS TRIIMTARIES IN THE TOAVN OF ORLEANS. 

Be it enacted, etc., as follows : 

Section 1. Xo purse or sweep seines, set nets or gill Jiiom'pieilsant 
nets, for the takino- of fish shall be set, drawn, used or 'jay, etc., lu 

. . 1 . , '^ . ,-,, . . . Orleans 

maintjimed in the waters of Pleasant bay or its tributaries restricted. 
in the town of Orleans ; but nothing herein contained shall 
be construed to forbid or make unlawful the maintaining 
of traps, pounds or weirs under licenses granted in accord- 
ance with section one hundred and sixteen of chapter 
ninety-one of the Revised LaAVs. 

Section 2. Any person who shall set, draAv, use or Penalty, 
maintain a purse or sweep seine, set net or gill net in A'io- 
lation of this act shall be punished by a fine of not less 



82 



Acts, 1904. — Chaps. 119, 120. 



than one hundred nor more than five hundred dollars, or 
by imprisonment for a term not exceeding six months. 
Repeal. SECTION 3. Chapter one hundred and sixty-three of 

the acts of the year nineteen hundred and one is hereby 
repealed. 

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

Apx>roved Fehruary 27, 1904. 



Chap.n9 



B. L. -24, § 11, 
amended. 



Holdina; of 
inquests in 
certain cases 
of death. 



Ax Act rklativk to inquests. 
Be it enacted, etc., as follotvs: 

Section 1. Section eleven of chapter twenty-four of 
the Revised Laws is hereby amended by inserting after the 
word "railroad", in the seventh line, the words : — or 
street railway, — and by striking out the words " or an in- 
quest in case of death b}' accident upon a street railway ", 
in the eighth and ninth lines, so as to read as follows : — 
Section 1 1 . The court or trial justice shall thereupon hold 
an inquest, from which all persons not required by law to 
be present may be excluded, and the witnesses may be ke})t 
se})arate, so that they cannot converse with each other until 
they have been examined. The district attorney, or some 
person designated by him, may attend the inquest and ex- 
amine the witnesses. An inquest shall be held in all cases 
of death by accident upon a railroad or street railwa}', and 
the court or justice holding such inquest shall give sea- 
sonable notice of the time and place thereof to the board 
of railroad commissioners. The attorney-general or the 
district attorney may direct an inquest to be held in the 
case of death by any casualty. 

Section 2. This act shall take effect ui)oii its passage. 

Approved Fehmary 27, 1904. 



Chap. 



R. L. Hi, 
amended 



120 ^'^ ^^'^ '''** I'ROVIDE TUAT no part OF THE FINES IMPOSED IN PROSE- 
CUTIONS FOR VIOLATION OF LAWS RELATING TO OBSCENE LITERA- 
TURE, PRINTS, PICTURES AND CERTAIN OTHER OBSCENE, INDECENT 
OR IMPURE TIIIN(iS SHALL BE PAID TO THE COMPLAINANT. 

Be it enacted, etc., as follotvs : 

Section 1 . Section twenty of chapter two hundred and 
twelve of the Revised Laws is herelw amended by striking 
out the words " one haU' of which shall be paid to the 
complainant", at the end of said section. 

Section 2. This act shall take effect ui)on its passage. 

Apjyroved Fehruary 27, 1904. 



§io, 



Acts, 1904. — (^iiaps. 121, V2± 83 



An Act to kxtfad the charter of the naiiant y,ANi> coMrAXv. QJtffj) 191 
Be it enacted., etc., as fDlInirs : 

Section 1. The Nuliaiit Land Conipanj shall be and x!,'iir,','i7i;f,mi 
remain a eornoratioii for a further term of fifteen Aears < <'inii;"iy 
after the ex))iration oi its eiiarter as extended by the })ro- 
visions of chapter sixty-six of the acts of the ycnr eiiihteen 
hundred and eiiihty-eiuht ; and sliall durino; such further 
term have the i)owers and privilegx's and be subject to the 
duties, liabilities and restrictions set forth in its charter 
and in all ijeneral laws now or hereafter in force relatincj 
to such corporations. 

Section 2. This act shall take effect u})on its passage. 

Approved February 27, lf)(/4. 



An Act to aholish certain fees based on prosecctions koi: 
violations of the liol'or laws. 



(7//r/^^.122 



Be it enacted, etc., as foUotvs : 

Section 1. Section eio-hty-six of chaiiter one hundred k. t,. loo, § 8(5, 

i' 1 T» • 1 T • 1 V Til •! • rinu'iided. 

of the Kevised Laws is hereby amended by strdving out 
the last sentence of said section, so as to read as follows : 
— Section 86. A mayor, alderman, scdectman, deputy Arrest for 
sheriff, chief of })olice, deputy chief of police, city marshal, iiquor law's 
deputy or assistant marshal, police officer or constable, in wiuimita''"''^ 
his city or town, may without a warrant arrest any person certaiii'cases. 
whom he finds in the act of illeo-ally selling, transporting, 
distributing or delivering intoxicating li(juor, and seize the 
li(juor, vessels and implements of sale in the possession of 
such person, and detain them until warrants can be procured 
against such person, and for the seizure of said liquor, ves- 
sels and implements, under the provisions of this chapter. 
Such officers shall enforce or cause to be enforced the })eii- 
alties ])rovided by law against every person who is guilty 
of a violation of which they can obtain reasonable proof 
of any law relative to the sale of intoxicating liquor. 
Section 2. This act shall take effect u])on its })assage. 

Aiyproved Fetyniary 27, 1004. 



84 



Acts, 1904 — Chaps. 123, 124, 125. 



0/itt?J.123 ^^ ^^'^ '^^ AUTHORIZE THE INCREASE OF THE FUND FOR THE SUP- 
PORT OF A COXGREGATIONAL MINISTER IN THE FIRST CONGRE- 



1866, 50, § 2, 
amended. 



Trustees may 
increase fund. 



GATIOXAL PARISH AND 
SHREWSBURY. 



RELIGIOUS SOCIETY IN THE TOWN OF 



Be it enacted, etc., asfolloivs: 

Section 1 . Section two of chapter fift}^ of the acts of 
the year eighteen hundred and sixty-six, being- "An Act 
in addition to an act to incorporate certain persons as 
trustees of a fund for the support of a Congregational 
Minister in the town of Shi'cwsbur}' ", is hereby amended 
by striking out tlie word " twenty ", in the second line, 
and inserting in place thereof the word : — thirty, — so as 
to read as follows : — Section 2. The said trustees shall 
have power to increase the principal of said fund to the 
sum of thirty thousand dollars. 

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

Approved February 27, 2904. 



C7mp.l2^ 



Bridge to be 
constructed 
over Sachem 
brook, Quiucy. 



Plan to be 
approved bj' 
harbor and' 
land coni- 
missiouers. 



Ax Act to authorize the metropolitan park commission to 

CONSTRUCT A DKAWLESS RRIDGE OVER SACHEM BROOK, SO- 
CALLED, IN THE QUINCY SHORE RESERVATION. 

Be it enacted, etc., as folloics : 

Section 1 . The metropolitan park commission is hereby 
authorized to construct a drawless bridge over that part of 
Sachem brook, so-called, in Quincy, lying within the lands 
acquired by said commission by takings or otherwise for 
Quincy shore reservation. 

Section 2. No action shall be taken relative to the 
construction of said liridge until the })lan therefor has been 
approved by the l)oard of har))or and land conmiissioners. 

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

Approved February 27, 1904. 



ChciIJ 125 ^^ ^^^ ^*^ PERMIT CITIES AND TOWNS TO PAY A PART OF THE 
EXPENSE OF COXSTRUOTIXG STATE HIGHWAYS WITHIN THEIR 
LIMITS. 

Be it enacted, etc., as folloios : 

Section 1 . The mayor of a city, if so authorized by a 



Cities and 

towns mav pay , . ... 

a part of" vote of the city council or, in a city having no common 
constructing couHcil, hj a votc of thc boai'd of aldermen, or the select- 



Acts, 1904. — Cmaps. 12(i, 127. 85 

nuMi of a town, H" so authorized by a vote of the town, state 

. . • 1 1 ir f' I -i- i. A highways. 

may auive in wntiiii:", m luMiall ot such city or town, to 
contribute money, labor or materials toward the cost of 
any state hii^hway which (lie Massachusetts hiijhway com- 
mission proposes to lay out and construct within the limits 
of such cit}'^ or town. 

Section "2. All auroements or other writini;s hy whiidi ji^'nig^ete'^*'*'" 
heretofore the mayor of a city or the ^^eh'ctmen of a town ratitied, etc. 
have agreed, in behalf of such city or town, to contribute 
money, labor or materials toward the cost of ytiite high- 
wa3^s, are hereby ratified and confirmed. 

Skgtion 3. This act shall take eftect u})on its })assage. 

Approved Februari/ 27, 1904. 

Ax Act to AUTnoiazE tue town of iiolbkook to make an /^7i^/«19(^ 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows : 

Section 1. The town of Ilolbrook, for the purposes Hoibrook 
mentioned in clmpter two hundred and seventeen of the "^^^^^ ^*'*"" 
acts of the year eighteen hundred and eighty-five, may 
issue ])onds, notes or scrip from time to time, to be de- 
nominated on the face thereof, Ilolbrook 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; pur])oses. Such bonds, notes 
or scrij) shall be issued upon the terms and conditions and 
with the })owers specified in said chapter for the issue of 
the Hoibrook water loan : pi'ovided, that the Avhole amount rroviso. 
of bonds, notes or scrij) issued under the authority of this 
act, and heretofore issued by said town for the same i)ur- 
poses, shall not exceed one hundred and forty thousand 
dollars. 

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

Approved February 20, 1004. 

An Act uelative to tkotecting domestic animals ekom injuky (Jhnij 197 

BY DOGS. 

Be it enacted, etc. , as folloics : 

Chapter two hundred and twenty -six of the acts of the 1902, 226, 
year nineteen hundred and two is hereby amended by 
inserting after the Avord " shec])", in the fourth line and 
in the tenth line, the words : — lambs, fowls or other 



86 Acts, 190^. — Ch.\p. 128. 

domestic ° ^'^ domestic aniiiials, — so as to read as folloAvs : — It shall 
animals from ^^ lawfiil for tlic couiitv coiuiiiissioners of any county, or 
their agents thereto authorized in writing, to enter upon 
the premises of the owner of any dog known to them to 
have worried or killed sheep, lambs, fowls or other domes- 
tic animals, and tlien and tliere to kill such dog, unless 
such owner whose i)rcmises are thus entered for the said 
purpose shall give a bond in the sum of two hundred dol- 
lars, with sufficient sureties, to be a})proved by the county 
commissioners, the condition of the bond being that the 
dog shtill refrain from killing or worrying shee}), lam])s, 
fowls or other domestic animals for the space of twelve 
months next ensuing. And if the owner of the dog de- 
clares his intention to give such a bond the said county 
commissioners or their agents shall allow hmi reasonaljle 
time in which to procure and })repare the same and to 
present it to them, or to file it with the clerk of the city 
or town in which the said OAvner resides. 

Approved March 2, 1904. 

ChciD I'^S "^^ '^^^ ^** I^CKEASE THE POWEKS OF TUK BOARD OF MIXISTEKIAL 

AID. 

Be it enacted^ etc., as follows . • 
1869, Si, § 3, Section 1. Section three of chapter thirty-three of the 

amended. . i i i • • • i 

acts oi the year eigiiteen hundred and sixty-nine is hereby 
amended by striking out all after the word "Common- 
wealth ", in the twelfth line, and inserting in place thereof 
the words: — and of aged, disabled, sui)crannuated or 
needy ministers of said denomination who have served as 
pastors in the Commonwealth ; also for and to the aid, 
sup})ort and comfort of the widows and children of such 
The Board of ministers, — so as to read as follows : — Section 3. The 

Ministerial Aid -i i.**i.i'ji jx 

may hold saiQ Corporation is authorizecl and empowered to receive, 

usemcoinc"'^ acce})t, take and hold all such funds, estate or proi)ert3% 
POTtSclrtain *^'^ "^^A" ^" ^"J manner be given, beijueathed or devised to 
needy uiin- it and the saiiic to luvcst in such manner as it may deem 
most expedient, and from time to time use and a})})ro})riate 
such })ortions of the income thereof, and where there is 
nothing in the terms of the gift or grant thereof restrain- 
ing the same, such portions of the principal thereof, as it 
may deem expedient, for and to the aid, support or com- 
fort of aged, disabled, superannuated or needy ministers 
of the Orthodox Congregational denomination in the Com- 
monwealth, and of aged, disabled, superannuated or needy 



Acts, 1904. — Chaps. 129, ir>0, 131. 87 

ministers ol'suid (Iriutiniiiatioii wlnt have served as ])astors 

in the Coninioiiweahh ; also for and to the aid, sii})i)ort 

and eoniTort ot" tlie widows and ehildren ol" siieh ministers. 

Section 2. Tliis act sliall take ellcet ujjon its passage. 

Aj^p roved March 4, 1U04. 



Chwp.l2^ 



An Act kklativk to TnE iwyment ok skweu assessments in the 

TOWN OK AKLINGTON. 

Be it enacted., etc. , as fulloics : 

Section 1. All sewer assessments or charii'es payable Payment of 

„ I „ i>i 1 i-i • • i' 1 i! i 1 sewer assess- 

now or hereaiter under the ju'ovisions oi chapter two hun- mentsin 

dred and eighty-two of the acts of the year eighteen hun- ^^''•'"s<^o^- 
dred and ninety-six shall be i)aid to the coUeetor of taxes 
of the town of Arlington, who shall have the same i)ower 
of enforcing })a}'ment as the town treasurer has heretofore 
had, and he shall i)ay the same over to the town treasurer, 
in the same manner as he is now re(|uired to pay over 
moneys received from taxes. The treasurer sliall give the 
collector a copy of every certificate tiled under the pro- 
visions of said chapter, and the written demand for pay- 
ment shall be made by the collector. 

Section 2. This act shall take eftect u})on its passage. 

Approved March 4, 1004. 

An Act to authorize the trustees of the soldieus' home /^7 -« oa 

(Jnap.ioKj 

in massachusetts to hold additional real and personal -^ 

estate. 

Be it enacted, etc., as follows : 

Section 1. The Trustees of the Soldiers' Home in Mas- xiic Trustees 

of the Soldiers' 



holii additional 
estate. 



sachusetts are hereby authorized to hold, manage and con- ^^ 
vey real and personal estate to the amount of one hundred 
thousand dollars, in addition to the amount of two hun- 
dred thousand dollars authorized by chai)ter thirty-two of 
the acts of the year eighteen hundred and eighty-six. 
Section 2. This act shall take eti'ect upon its passage. 

Approved March 4, 1904. 

An Act to authorize the south deerfield water supply dis- /^/,^,^^ iqi 
trict to make an additional water loan. 

Be it enacted, etc., as folloios :' 

Section 1. The South Deerfield Water Sup})ly Dis- south Deeriicid 
trict, for the purposes mentioned in chapter four hundred Distrivruoan, 
and eighty-six of the acts of the year nineteen hundred ^^•^^'^^ i'-'^'^- 



88 



Acts, 1904. — Chaps. 132, 133. 



and two, may issue bonds, notes or scrip, signed by the 
treasurer of the Avater supply district and countersigned 
by the chairman of the Avater commissioners, to be denom- 
inated on the face thereof, kSouth Deerfield Water Supply 
District Loan, Act of 11K)4, to an amount not exceeding 
twenty thousand dollars in addition to the amount hereto- 
fore authorized to be issued by said district for the same 
purposes. 8uch bonds, notes or scrij) shall be issued upon 
the same terms and conditions, and with the same powers 
on the part of tlie said district, as are specitied in said 
chapter. 

Section 2. This act shall take effect ui)on its i)assage. 

Approved March 4, 1904. 



Persous 
unlawfully 
fishing in 
Palmer's river 
may be. 
arrested 
without a 
warrant, etc. 



ChCllJ.VS^i ^^^' "^^^"^ ''"•* Al THOKIZK THE AKUEST AVITHOLT WAKKANT OF PEK- 
SONS UXJLAAVFULLY FISHING IN PALMEK'S KIVER. 

Be it enacted, etc., as foUoivs : 

Section 1. The sheriff of the county of Bristol or any 
of his deputies, or any constable or fish warden of either 
of the toAvns of Swansea and Rchoboth, may Avithout a 
warrant arrest any person Avhom he finds in the act of tak- 
ing herring, alcAviAXS or shad from the Avaters of Palmers 
river in either of said towns in violation of the provisions 
of chapter one hundred and thirty of the acts of the year 
eighteen hundred and thirty-six, or of chai)ter ninety-two 
of the acts of the year eighteen hundred and fifty-tAvo, and 
may detain such })erson in a place of safe keeping until a 
Avarrant can be })rocured u})on a complaint against him for 
said offence : jjrovided, that the detention Avithout a Avar- 
rant shall not exceed tAventy-four hours. 

Section 2. Whoever violates the provisions of either 
of said chapters shall, in addition to the forfeitures therein 
provided, forfeit the seines or nets used in such unlaAvful 
taking of herring, alcAvives or shad. 

Approved March 5, 1904. 



Proviso. 



Penalty. 



GhciD 133 "^^ ■'^^^^ ^^ AUTIIOKIZE THE TOAVN OF CONCOKI) TO MAKE AN AI»DI- 

TIONAL AVATER LOAN. 

Be it enacted, etc., as follows : - 

Section 1 . The town of Concord, for the purposes 
mentioned in ch: 

or Bcrii), etc. 



Town of Con- 

cord TTlflV IBSllC 

notes, bonds mentioned in chapter one hundred and eighty-eight of the 
acts of the year eighteen hundred and sevcnty-tAvo, and 



Acts, 1904. — Chap. 134. 89 

acts in aiiuMidmcnt lIuTt'of" (ir in addition thereto, may 
from time to lime hoi row nioncv and issue notes, bonds 
or scrip therefor to an amount in)t exccedinij one hundred 
thousand dollars, in addition to the amount already author- 
izi>d by law, in the manner and under the restrictions 
s})ecitied in said chajiter, except that the rate of interest 
on the notes, bonds or scri}) hereby authorized to be issued 
shall not exceed four jx'r cent per annum, payable semi- 
annually. 

Sectiun 2. This act shall take ellect u})()n its passage. 

Approved March 5, 1904. 

Ax Act making aitiioi-kiations fou tuk comi-knsation and /^7 1 Q J. 

EXPENSES OF THE liOAKU OF COMMISSIONEKS ON FISIIEUIES AND * 

GAME. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are a})i)ro- Appropria- 
])riated, to be i)aid out of the treasury of the Commonwealth '^"'"''' 
from the ordinary revenue, for the purposes specified, for 
the year endinir on the thirty-first day of December, nine- 
teen hundred and four, to Avit : — 

For the compensation of the commissioners on fisheries commissioners 
and game, a sum not exceeding fifty-six hundred and thirty amf^amc!" 
dollars. 

For travelling and other necessary expenses of the com- Kxi)cnses. 
missioners on fisheries and game, including the printing 
and binding of the annual report, a sum not exceeding two 
thousand and fifty dollars. 

For clerical services in the office of the connnissioners ciericiU 
on fisheries and game, a sum not exceeding seven hundred ^^'■^"■^^• 
and eighty dollars. 

For the enforcement of laws relatinjj: to fisheries and Enft'i<ement 

. ~. , ot laws, 

ijame and the i)ro])ai^ation and distribution of fish, birds propagation 

. . ' of nsb etc, 

and other animals, and for running expenses, rent and 
maintenance of hatcheries, a sum not exceeding twenty 
thousand eight hundred and seventy-five dollars. 

For ex})ense of stocking great j)onds with food fish, a sto.-king 
sum not exceeding five hundred dollars. great i.omis. 

For expense of stocking brooks with food fish, a sum stocking 
not exceeding tliree hundred dollars. brooks. 

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

Ap2)roved March 5, 1904. 



90 



Acts, 1904. — Chaps. 135, 136. 



C%ft/9.135 '^^' -^CT MAKING AN APPKOI'KIATION FOR A DEFICIENCY IN THE AF- 
PROPRIATION FOR THE EXTERMINATION OF CONTAGIOUS DISEASES 
AMONG HORSES, CATTLE AND OTHER ANIMALS IN THE YEAR NINE- 
TEEN HUNDRED AND THREE. 

Be it enacted, etc., as J'ollotvs : 

Section 1. The sum of ninety-five liundred dollars is 
hereby appropriated, to be paid out of the treasiu-y of the 
Commonwealth from the ordinary revenue, to meet cer- 
tain expenses in connection witli the extermination of con- 
taijious diseases amonir horses, cattle and other animals in 
the year nineteen himdred and three. 

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

Approved March 5, 1904. 



E xtermination 
ot contagious 
diseaSfes 



lals. 



Chap.136 



Appropria- 
tions. 



Tuition of 

certain 

cliildren. 



Education of 
deaf pupils. 



State normal 
school at 
Westlield. 



An Act making appropriations for deficiencies in appropria- 
tions FOR certain educational EXPENSES AUTHORIZED IN THE 
YEAR NINETEEN HUNDRED AND THREE. 

Be it enacted, etc., as folloios : 

Section 1. The sums hereinafter mentioned are appro- 
})i'iated, to be paid out of the treasury of the Connnonwealth 
from the ordinary revenue, for certain expenses in excess 
(jf the appro})riations therefor in the year nineteen hun- 
dred and three, to wit : — 

For payment of the tuition of children in high schools 
outside of the town in which they reside, in so far as such 
payment is provided for by section three of chapter forty- 
two of the Revised Laws, as amended by chapter four 
hundred and thirt}'-three of the acts of the year nineteen 
hundred and twHj, the sum of ninety-one hundred iifty dol- 
lars and fourteen cents. 

For the education of deaf pupils of the Commonwealth 
in the schools designated ])y law, the sum of seventy-three 
hundred twenty-nine dollars and twenty-eight cents. 

F(jr compli'ting and furnishing the new dormitory build- 
ing at the state normal school at Westfield, the sum of 
eight hundred ninety-five dollars and three cents. 

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

Approved March 5, 1904. 



Acts, 19(U. — Ctiaps. 137, 138. 91 



An Act makix(; AiM-uoruiATioxs kou dkficiencies in appropiua- (^hf,y^ 1'^"' 

TIONS FOR SUNDICV KX I'KNSKS AUTIIOIUZKU IN THE YEAK NINE- 
TEEN HlNDKEl) AM> TllUEE. 

Be it enacted^ etc., as fulluws : 

Section 1. The siinis hereinat'tcr nu-ntioiu'd arc appro- AiMm.i.ria- 
prlatcd, to be paid outofthe treasury of the Comiiionwealth 
troiii the ordinary revenue, for certain expenses in excess 
of the a})pro})riations tlierefor in the year nineteen hiui- 
dred and three, to wit: — 

For printing and binding the scries or})ublic documents, Puiiiiodwu- 
the sum of twenty-two hundred thirty-one dollars and 
twenty-tAvo cents. 

For certain })rinting and binding ordered l)y the senate senate ami 
and house of rc[)rcscntativcs, or by concurrent order of the in°g,*'ete."*^ 
two branches, the sum of thirty-eight hundred thirty dol- 
lars and ninety-one cents. 

For registration books and blanks, indexinjj: returns and Kegistration 

T- ~... I. . '^ , books, etc. 

editing registration report, the sum oi ninety-tour dollars 
and eighty-three cents. 

For incidental and contingent expenses in the dei^art- S'^"":'"'^' "f 

~-^ i the ( (iimiiiiii- 

ment ot the secretary ot the Commonwealth, the sum of wwntii, 
one hundred fifty-five dollars and forty-four cents. exi)enses, etc. 

For contingent ex})enses in the olHce of the railroad com- Railroad com- 
missioners, the sum of nine hundred sixty-eight dollars (^'nungent' 

and six cents. expenses. 

Section 2. This act shall take elfect u})on its i)assage. 

Airpruiied March 5, 1904. 

An Act makino appropriations for sundry military expenses f^Iff^.j^ 13ft 

IN EXCESS of AI'PROPRIATIONS FOR THE YEAR NINETEEN HUNDRED 
AND THREE. 

Be it enacted, etc., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be i)aid out of the treasury of the Commonwealth *"^''^' 
from the ordinary revenue, for certain military expenses 
in excess of the api)ro})riations therefor in the year nine- 
teen hundred and three, to wit: — 

For quartermasters' supplies, the sum of nineteen hun- Quartermas- 
dred eighty-four dollars and fifty-four cents. '"''' '"i''"*"'' 

For incidental and contingent expenses in the quarter- Quartermaster 
master generaFs de[)artment, the sum of fifteen hundred depfirtment, 
twenty-eight dollars and fifty-seven cents. expenses. 



92 



Acts, 1904. —Chaps. 139, 110. 



Clothing. 



Military 
accounts. 



Militia, 
rompensation. 



Rifle jirartice. 



Care, etc., of 
armorie.s. 



For allowance and repair of clothing of the volunteer 
militia, the sum of one hundred and thirty-three dollars. 

For expenses in connection with military accounts not 
otherwise provided for, the sum of live hundred twenty- 
eight dollars and thirty-seven cents. 

For compensation of officers and men of the volunteer 
militia, the sum of six hundred forty-eight dollars and 
lifty- three cents. 

For expenses in connection Avith the rifle })racticc of 
the volunteer militia, the sum of nineteen hundred thirty- 
nine dollars and thirty-nine cents. 

For heating, lighting, furnishing and caring for the 
armories erected in certain cities of the Commonwealth 
for the use of the volunteer militia, the sum of eighteen 
hundred fifty-four dollars and fifteen cents. 

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

Approved March 5, 1904. 



C/^tt/?.139 "^^ '^*^"^ ^'* CHANGE THE XAME OF THE WORCESTEK SAFE DEPOSIT 

AND TRUST COMPANY. 



Name changed. 



When to 
take effect. 



Be it oiacted, etc., as foUoivs : 

Section 1. The name of the Worcester Safe Deposit 
and Trust Company is hereby changed to Worcester Trust 
Company. 

Section 2. This act shall take eficct when accepted 
by the holders of a majorit}^ of the stock of the company 
at a meeting called for that purpose. 

Approved March. 5, 1904. 



Chcin 110 "^^ ^^^^ ^^^ AUTHORIZE THE NEW ENGLAND TRUST COMPANY 

HOLD REAL ESTATE. 



The New Eng- 
land Trust 
Company may 
hold real 
estate. 



Be it enacted, etc., as follows : 

Section 1 . The New Fngland Trust 0)mpany, incor- 
porated by chapter one hundred and eiglity-two of the 
acts of the year eighteen hundred and sixty-nine, is hereby 
authorized to invest its sur])lus, to an amount not exceed- 
ing fifteen hundred thousand dollars, in real estate in the 
city of Boston suitable for the transaction of its business. 

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

Approved March 5, 1904. 



Acts, 1904. — Chap. 141. 93 

An Act hei.atiye to the appointment of election officers in (^],nq^ 141 

THE city of MEUFOKD. 

Be it enacted, etc., as foUoics : 

Section 1. The nuivor of the city of Medford shtill, l^'/'^i/'^ 
with the approval of the aldennoii, in August, or as soon aiM.oiiitiuent 
thereafter as possible, in the year nineteen hundred and otiicers lor 

/» 1 • 4 i ii A. •! 1 • slate electiouB. 

tour, and in Auo-ust, or as soon thereatter as possible, in 
the year nineteen hundred and five, a])point election 
officers to the number re(]uired by law, in each of the 
several voting- precincts of said city as defined previous to 
the adoption of its revised charter, to serve for all elec- 
tions to be held for national or state purposes. 

Section 2. At the times of the appointment of elec- Apijointment 
tion officers as provided in section one of this act, and omrers'tlfr 
subject to the same approval, the mayor shall ai)point efecJJoilf^ 
election officers to the number required by law, in each 
of the votintv precincts of said city as now defined under 
the authority of the i-eviscd charter of the said city, to 
serve for all elections to be held for municipal purposes. 

Section 3. The provisions of the lievised Law\s and cemiu pro- 

1 Til 1 • I Visions ot law 

any amendments thereto, applicable to election ofncers, to apply. 
except where inconsistent herewith, shall apply to all 
officers appointed under the authority of this act. 

Section 4. All caucuses or elections which may be iiowingof 
held in the city of Medford for national or state purposes eie'aumf.*''^** 
l)revious to the date at which the next redi vision of the 
representative districts of the state shall take effect shall 
be held in accordance with the wards or precincts of the 
city as they existed prior to the adoption of the revised 
charter of the city ; and all caucuses or elections which 
may be held for munici})al pur})oses prior to the aforesaid 
date shall be held in accordance with the wards as defined 
by the authority of section fifty-seven of said revised 
charter. 

Section 5. The authority gTanted l)y this act shall be Authority 
limited to and shall not extend l^eyond the time authorized 
by law at which the next redivision of the representative 
districts of the state shall take effect. 

Section (>. All acts and parts of acts inconsistent here- Repeal, 
with are hereby re|)ealed. 

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

Approved March 9, 1904. 



94 



Acts, 1904. — Chap. 142. 



Chap.U2 



R. L. 102, § 155, 
amended. 



Appoiutment 
of persou to 
investigate 
damages done 
by dogs, etc. 



Compensa- 
tion, removal, 
etc. 



An Act relative to the investigation of damages alleged to 
have keen done by dogs. 

Be it enacted, etc., as follows : 

Section 1. Section one hnndrcd and fifty-five of chap- 
ter one hundred and two of the lievised Laws is hereb}^ 
amended by inserting after the word "request", in the 
third line, the words : — of said commissioners or, — and 
by inserting after the word " such", in the sixth line, the 
word: — commissioners, — so as to read as follows: — 
Section 155. The county commissioners, except in the 
county of Suffolk, shall appoint a suitable person residing 
in the county who shall, at the request of said commis- 
sioners, or of the chairman of the selectmen of a town or 
officer of the police designated as provided in section one 
hundred and fifty-one, investigate any case of damages 
done by a dog of which such commissioners, chairman or 
officer shall have been informed as provided in said sec- 
tion, and if he believes that the evidence is sufiicient to 
sustain an action against the owner or keeper of a dog as 
provided in section one hundred and sixty-two and believes 
that such owner or keeper is al)le to satisfy any judgment 
which may be recovered in such action, he shall, unless 
such owner or keeper before action l)r(jught pays him such 
amount in settlement of such damages as he deems reason- 
able, bring such action. It may be brought in his own 
name and in the county in which he resides, and he shall 
prosecute it. All awards received or recovered by him 
in such actions sliall be paid over to the county treasurer 
and placed to the credit of the dog fund. The county 
treasurer shall pay out of the dog fund such reasonable 
compensation as the county commissioners shall allow to 
such person for his services and necessary expenses and 
the reasonable expense of prosecuting such actions. The 
person appointed may be removed at any time by the 
county commissioners, and in counties in which he is ap- 
})ointe(l, the county treasurer shall not Ije authorized to 
brino- such actions. 

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

Apjrroved March 10, 1904. 



Acts, liHU. — Chaps. 14:5, 144, 145. 95 



An Act HKLATn'E to the extension ok the provisions ok the /nri^. 14.Q 
civH. skkvice act to the town of MIl/rON. ^ 

Be it enacted^ etc.^ as follows : 

Section 1. Section three of chapter one hniidred and a^JJemled^^' 
two of the acts of the year nineteen hundred and three is 
herel)v amended hy striking out the words "by baHot", 
in the third line: and by strikiiiii" out the word "two", 
in the fourth line, and inserting in place thereof the Avord : 
— three, — so as to re:id as follows : — Section 3. This when to 
act shall take efi'ect u})on its acceptance by a majority vote ^^^ ^^*" 
of the voters of said town present and voting thereon at a 
town meeting duly called for the purpose within three 
3'ears after its passage ; l^ut onl}^ one such meeting shall 
be called. 

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

A2')proved March 10, 1904. 

An Act relative to tue sittino of the superior court for n]^ffr\ 14-4- 

CRIMIXAL KUSINESS IX THE COUNTY OF HAMPDEN. 

Be it encicted, etc., as foUoirs : 

Section 1. The sittini:: <'f the superior court now held •''ittingof 

11 1 A T 1 '^ t • 1 • 1 • superior court, 

on the tourth Mondav ot Seiitcinber, within and tor the <'ountyof 

,• T I 1 ,'. • • 1 1 • 1 Ti 1 (• Hampden. 

county f)t Hampden, tor criminal business, shall hereatter 
be held on the second Monday of September, 

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

Approved March 12, 1904. 

An Act to provide for the appointment of stenographers for Cjhnij 145 

TEMPORARY SERVICE IN THE SUI'ERIOR COURT FOR THE COUNTY OF 
SUFFOLK IN CERTAIN CASES. 

Be it enacted, etc., as follov^s : 

Section 1. Section eighty-one of chapter one hundred ^^me'nded ^ ^^' 
and sixty-five of the Revised Laws is hereby amended hy 
striking out the words " except in the county of Suffolk", 
in the sixth line, so as to read as follows : — Section 81. Assistant 

T- 1 i 1 1 • • i. 1 /• ii J. r stenographers 

Lacfi stenoofraiHier who is api)ointcd tor the countv of for superior 

o /!• 11 1x1 • • I'^i T i_' " court, couut}- 

Suttolk under the provisions ot tlie preceding section may, of Suffolk, 
with the approval of any justice of said court, appoint one etcs"^'' ^^^^ ' 
or more assistants, who shall also be sworn ; ])ut no addi- 
tional compensation shall l)c ])aid or expense incurred by 
reason of such appointment. The presiding justice of said 



96 Acts, 1904. — Chap. 146. 

court may, in case of the illness or temporary absence of 
the stenographer, appoint a competent person to act during 
such illness or absence. 

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

Approved March 12, 1904. 

CllGlJ 146 ^^ -^^^ ^^ ESTABUSn THE llOUNDAKV LINE BP:TWEEN THE TOWNS 

OF DOVER AND AVALPOLE. 

Be it enacted, etc., as folloios : 

Boundary line SECTION 1. Tlic fohowiiio; described line sliall hereafter 
and waipoie bc the boundary line between the towns of Dover and Wal- 
pole : — Beginning at the corner of the towns of Dover, 
Medfiekl and Waljjole, marked liy a granite monument let- 
tered D M, M, V{ and W D, standing on the southerly 
side of the highwa}^ known as County street in Dover and 
Main street in Medfiekl, at a pf)int opposite the house of 
P. J. Connor, in latitude forty-two degrees, twelve minutes, 
one and ninety-five hundredths seconds, and longitude 
seventy-one degrees, sixteen minutes, twelve and twent}'- 
one hundredths seconds ; thence easterly on the southerly 
side line of said highway as laid out by the county commis- 
sioners of the county of Norfolk, February twenty-seven, 
nineteen hundred, about three thousand four hundred and 
seventy-six feet to a point opposite a granite monument 
lettered D W, standing in the northerly side line of. said 
highway in latitude forty-two degrees, twelve minutes, 
fourteen and eight} -five hundredths seconds and longitude 
seventy-one degrees, fifteen minutes, thirty-one and thirty- 
two hundredths seconds ; thence northerly sixty feet to said 
monument lettered D W ; thence easterly in the northerly 
side line of said highway about one thousand nine hundred 
and fifty feet to the point where it is intersected by the 
boundary line between the towns of Dover and Westwood 
prolonged southerly, said })oint being about twenty-six 
feet south, fourteen degrees, forty-two minutes west, from 
a granite monument marked D, D, AV, standing about one 
hundred and fifty feet west of tlu^ house of j\l. W. Fisher, 
and in latitude forty-two degrees, twelve minutes, nine 
and ninety-eight hundredths seconds and longitude seventy- 
one degrees, fifteen minutes, six and seventy-two hun- 
dredths seconds. 

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

Approved March 12, 1904. 



Acts, 1904. — Chaps. 147, 148. 97 

Ax Act to estap.lisii the boundary line between the towns ni^Qj) 1-17 

OK BOXl'OUD AND NORTH ANDOVER. 

Be it enacted, etc., asfoUoics: 

Section 1. The followino: described line shall liereafter Bounriary une 
be the boundary line between the towns of Boxford and foni aud North 
North Andover : — Beginning at the present corner of the Established. 
towns of Boxford, Middleton and North Andover, at a 
granite monument marked A B M, in latitude forty-two de- 
grees, thirty-eight minutes, thirty and twelve hundredths 
seconds and longitude seventy-one degrees, one minute, 
twenty-two and twelve hundredths seconds ; thence north 
twenty-three degrees, twenty-four minutes west, true bear- 
ing, twelve thousand three hundred and thirty-one feet to 
a granite monument marked A B, in latitude forty-two 
degrees, forty minutes, twentj^-one and ninety hundredths 
seconds and longitude seventy-one degrees, two minutes, 
twenty-seven and sixty-seven hundredths seconds ; thence 
north thirty-eight degrees, forty-four minutes west, true 
bearing, twenty-nine thousand two hundred and fifty-one 
feet to the present corner of the city of Haverhill and the 
towns of Boxford and North Andover, at an unmarked 
granite monument, in latitude forty-two degrees, forty- 
four minutes, seven and twentj^-four hundredths seconds 
and longitude seventy-one degrees, six minutes, thirty- 
two ajid eighty-eight hundredths seconds. 

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

Approved March 12, 1904. 



Chap.US 



An Act to establish the boundary line between the towns 

OF ROWLEY and BOXFORD. 

Be it enacted, etc., as foUoivs : 

Section 1. The following described line shall here- Boundary ime 
after he the boundary line between the towns of Rowley i^wie^^and 
and Boxford: — Beginning at the present corner of the ^suabnshed. 
towns of Boxford, Ipswich and Rowley, at a granite monu- 
ment lettered B I R, in latitude forty-two degrees, forty 
minutes, fifty and sixty-four hundredths seconds and lon- 
gitude seventy degrees, fifty-six minutes, fiftj^-six and 
seventy-five hundredths seconds ; thence north fifty-six 
degrees, eight minutes west, true bearing, eight thousand 
nine hundred and ninety-four feet to the present corner 



98 Acts, 1901. — Chaps. 119, 150. 

of the towns of Boxford, Georgetown and RoAvley, at a 
granite monument lettered B G li, in latitude forty-two 
degrees, forty-one minutes, forty and fourteen hundredths 
seconds, and longitude seventy degrees, fifty-eight min- 
utes, thirty-six and seventy-five hundredths seconds. 
Section 2. This act shall take efi'ect upon its passage. 

Approved March 12, 1904. 

CllClV.\4S) Ax Act to establish the boundary line between the towns 

OF NOETH ANDOVEK AND NORTH READING. 

Be it enacted., etc., as follows : 

beTweSoi-th Section 1 . The following described line shall hereafter 
Andover and be the boundary line between the towns of Xorth Audover 

North Reading i -vt i -r» t t-» • • i 

established. and JN'orth Kcading : — Beginning at the present corner 
of the towns of Middleton, North Andover and North 
Reading, at a granite monument lettered A M R, in lati- 
tude forty-two degrees, thirty-six minutes, thirty-two and 
nine tenths seconds, and longitude seventy-one degrees, 
three minutes, thirty-three and thirty-six hundredths sec- 
onds ; thence south sixty-eight degrees, fifty-nine minutes 
west, true bearing, five thousand and nineteen feet, to the 
present corner of the towns of Andover, North Andover 
and North Reading at a granite monument lettered A R 
on the summit of Osgood's Hill in latitude forty-two 
degrees, thirty-six minutes, fifteen and eleven hundredths 
seconds and longitude seventy-one degrees, four minutes, 
thirty-six seconds. 

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

Approved March 12, 1904. 

Ch(lV.\50 ^^ ■'^^^ ^*-^ ESTABLISH THE BOUNDARY LINE BETAVEEN THE TOAVNS 

OF HAMILTON AND IPSWICH. 

Be it enacted, etc., as folloivs : 

ha\yeitJ^ "'^'^ Section 1. The following described line shall hereafter 
iiamiiton ]^q the boundary line between the toAvns of Hamilton and 

and Ipswich -r • i t-> • • c i <• -i-i 

established. Ipswicli : — Beginning at the corner oi the towns oi Ji,ssex, 
Hamilton and Ipswich at a granite monument lettered 
E H I, in latitude forty-two degrees, thirty-eight minutes, 
twenty-eight and ninety-two hundredths seconds and lon- 
gitude seventy degrees, forty-nine minutes, two and 
seventy-five hundredths seconds ; thence north seventy- 
four degrees, four minutes west, true bearing, one thou- 



Acts, 1904. — Chap. 150. 99 

siind tliroe himdrod and iiftv-onc feet to the easterly side Boundary line 
line ot" Candle wood road, at a point opposite and about ii.nniiton 
five feet easterljMVoni a granite monument lettered II I, ['stailusheal' 
in latitude forty-two degrees, thirty-eight minutes, thirty- 
two and fifty-nine hundredths seconds and longitude seventy 
degrees, forty-nine minutes, twenty and two tenths sec- 
onds : thence southerly along the easterly side line of the 
road, one thousand six hundred feet ; thence westerly about 
seventy feet, crossing the road on a line at right angles 
thereto, to a point in the westerly side line of the road ; 
thence southerly along the westerly side line of the road, 
about one thousand six hundred feet to a point opposite 
and about four feet westerly' from a granite monument let- 
tered H I, in latitude forty-tAvo degrees, thirty-eight min- 
utes, three and thirty-two hundredths seconds and longitude 
seventy degrees, forty-nine minutes, twenty-eight and 
seventy -four hundredths seconds ; thence north tifty-five 
degrees, fort^'-tAvo minutes west, true bearing, one thou- 
sand seven hundred and ninety-one feet to a granite monu- 
ment lettered H I , in latitude forty-two degrees , thirty-eight 
minutes, thirteen and thirty-two hundredths seconds and 
longitude seventy degrees, forty-nine minutes, forty-eight 
and fifty-eight hundredths seconds ; thence in the same 
dh'ection about one thousand and fifteen feet to the middle 
of Miles river ; thence down stream, along the centre line 
of the river, about one and six tenths miles to its junction 
with the centre line of Long Causeway brook ; thence up 
the brook about one and one tenth miles to its head at the 
spring described in chapter five hundred and five of the 
acts of the year eighteen hundred and ninety-six ; thence 
continuing about eight feet westerly to a granite monu- 
ment lettered H I, in latitude forty-two degrees, thirty- 
eight minutes, thirty-three and eighty-one hundredths 
seconds and longitude seventy degrees, fifty-one minutes, 
twenty-four and thirty-one hundredths seconds ; thence 
south forty-five degrees, fifty-five minutes west, true bear- 
ing, five hundred and fifteen feet, crossing the tracks of 
the eastern division of the Boston and Maine railroad, to 
a granite monument lettered H I, in latitude forty-two 
degrees, thirty-eight minutes, thirty and twenty-seven hun- 
dredths seconds and longitude seventy degrees, fifty-one 
minutes, twenty-nine and twenty-six hundredths seconds ; 
thence north forty-two degrees, thirty-three minutes west, 
true bearing, two thousand two hundred and fifty feet to 



100 



Acts, 1904 — Chap. 151. 



between 

Hamilton 
anil Ipswich 
establisbud. 



Boundary line a granite monuiiient lettered H I, in latitude forty-two 

between , *-' , . . , . ^ . , . " ,. 

degrees, thirty-eigiit minutes, lorty-six and sixty-tour 
hundredths seconds and longitude seventy degrees, tit'tj- 
one minutes, forty-nine and sixty-two hundredths seconds ; 
thence north eleyen degrees, hfty-six minutes east, true 
bearing, two thousand eight hundred and sixty-four feet 
to a granite monument lettered H I, in latitude forty-two 
degrees, thirty-nine minutes, fom'teen and tliirty-two hun- 
dredths seconds and longitude seventy degrees, fifty-one 
minutes, forty-one and sixty-nine hundredths seconds, 
being the " old boundary stone on the road leading from 
Kents corner to the back side of Hamilton " ; thence north 
iifteen degrees, twenty-five minutes east, true bearing, 
one thousand two hundred and twenty-nine feet to a 
granite monument lettered H I, in latitude forty-two de- 
grees, thirty-nine minutes, twenty-six and two hundredths 
seconds and longitude seventy degrees, fifty-one minutes, 
thirty-seven and thirty-two hundredths seconds ; thence 
in the same direction about one hundred and fifty feet to 
the middle of Ipswich river : thence Avesterly aliout two 
and seven tenths miles, along the centre line of the river, 
to the corner of the towns of Hamilton, Ipswich and Tops- 
field, at the mouth of Gravelly brook. 

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

Approved March 12, 1904. 



Chcin.1.5^ Ax Act to establish the boundauy line between the towxs 

OF HAMILTON AND ESSEX. 



Boundary line 
between 
Hamilton 
and Essex 
established. 



Be it enacted, etc., as foUoios : 

Sectiox 1. The following described line shall hereafter 
be the boundary line between the towns of Hamilton and 
Essex : — Beginning at the corner of the towns of Essex, 
Hamilton and Ipswich at a granite monument lettered 
E H I, in latitude forty-two degrees, thirty-eight minutes, 
twentj'-eight and ninety-two hundredths seconds and 
longitude seventy degrees, forty-nine minutes, two and 
seventy-five hundredths seconds ; thence south seventy- 
four degrees, fifty-four minutes east, true bearing, one 
thousand and se-s'enty-three feet to a granite monument 
lettered E H, in latitude forty-two deorees, thirty-eight 
minutes, twenty-six and sixteen hundredths seconds and 
lonsritude seventy desfrees, fortv-eiirht minutes, fortv-eisfht 
and eighty-nine hundredths seconds ; thence south six de- 



Acts, 1904 — Chap. 151. 101 

grees east, true boiiriiii:', our thousand seven hundred and ]^e"wcin ' '''"^ 
ninety-six feet to a uranite monument lettered E II, in Hamilton 
latitude torty-two degrees, thirty-eight minutes, eight and established. 
tifty-two hundredths seconds and longitude sevent}^ de- 
grees, forty-eight minutes, forty-six and thirty-eight hun- 
dredths seconds ; thence south two degrees, ten minutes 
east, true bearing, three thousand seven hundred and 
sixtv-tlu'ce feet to a granite monument lettered E H, in 
latitude forty-two degrees, thirty-seven minutes, thirty- 
one and thirty-eight hundredths seconds and longitude 
seventy degrees, forty-eight minutes, forty-four and forty- 
eight hundredths seconds ; thence south eighty-five de- 
grees, one minute west, true bearing, one thousand eight 
hundred and thirty-one feet to a granite monument let- 
tered E H, in latitude fort^'-two degrees, thirty-seven 
minutes, twentj'-nine and eighty-one hundredths seconds 
and longitude seventy degrees, forty-nine minutes, eight 
and eighty-eight hundredths seconds ; thence south no 
degrees, forty minutes east, true bearing, one thousand 
one hundred and fifty-eight feet to a })oint on the southerly 
side of Western avenue about two hundred and fifty feet 
westerly from J. G. Allen's dwelling, in latitude forty-two 
degrees, thirty-seven minutes, eighteen and thirtj'-seven 
hundredths seconds and longitude seventy degrees, forty- 
nine minutes, eight and seventy hundredths seconds ; 
thence south thirt^^-one degrees, fifty-nine minutes east, 
true bearino:, f)ne thousand two hundred and sixty-eio^ht 
feet to a granite monument lettered E H, standing at the 
foot of the railroad embankment on the northerly shore 
of Chebacco lake, in latitude forty-two degrees, thirty- 
seven minutes, seven and seventy-five hundredths seconds 
and longitude seventy degrees, forty-eight minutes, fifty- 
nine and seventy-two hundredths seconds ; thence south 
twenty-three degrees, fourteen minutes east, true bearing, 
four thousand five hundred and twenty-three feet, crossing 
Chebacco lake and "Gregorys Island", to a point on a 
ledge near the southerly shore of the lake, in latitude 
forty-two degrees, thirty-six minutes, twenty-six and sixty- 
nine hundredths seconds and longitude seventy degrees, 
forty-eight minutes, thirt}^-five and eighty-six hundredths 
seconds ; thence south forty-nine degrees, fifty-two min- 
utes east, true bearing, three thousand and seventeen feet 
to a granite monument lettered E 11, standing in wood- 
land on " Burleys Point'", in latitude forty-two degrees, 



102 Acts, 1901. — Chaps. 152, 158. 

thirty-six minutes, seven and forty-eight hundredths sec- 
onds and longitude seventy degrees, forty-eight minutes, 
five and two hundredths seconds ; thence soutli no degrees, 
twenty-two minutes east, true bearing, two thousand four 
hundred and thirtj'-two feet to the corner of the towns of 
Essex, Hamilton and Manchester, at a granite monument 
lettered e h^'m, hi latitude forty-two degrees, thirty-live 
minutes, forty-three and forty-five hundredths seconds 
and longitude seventy degrees, forty-eight minutes, four 
and eighty-one hundredths seconds. 

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

Approved March 12, 1904. 



ChCtp.\52i ■-'^^ ■^^'^ '^'^ AUTHORIZE TOAVNS TO APPROPRIATE MONEY FOR BAND 

CONCERTS. 

Be it enacted, etc., as folloios : 

makelpifro- SECTION 1. Any town may at its annual meeting, or at 

priatious for g^jjy special meeting called for the pm'pose during the year 
nineteen hundred and four, appropriate a sum not exceed- 
ing five hundred dollars to be expended in paying for 
public band concerts, or for music furnished for public 
celebrations. 

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

App)roved March 12. 1904. 



GllClT) 153 -^^ "^^^ ^*^ AUTHORIZE COUNTIES, CITIES AND TOWNS TO ISSUE NON- 
INTEREST BEARING NOTES AT A DISCOUNT. 

Be it enacted, etc., as follows: 
Counties, cities Section 1. Notcs of a countv issucd Under the pro- 

and towns may ~ J \ 

issue non- visions ot scctiou thirty-nine of chapter twenty-one ot the 
bearing notes, Reviscd Laws, and notes of a city or town issued under 



etc 



the provisions of section six or of section ten of cha})ter 
twenty-seven of the Revised Laws, may or may not bear 
interest. If they do not bear interest they may be sold 
at such discount as the maker or its treasurer or other 
oiBcer authorized to sell the same deems proper. 

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

Approved March 12, 1904. 



Acts, 19lU. — Chap. 154. 103 



An Act to incorporate the evening law school of tiii. /-y? -i ^4. 

BOSTON young MEN'S CHRISTIAN ASSOCIATION. ^' 

Be it enacted, etc., asfolloivs: 

Section 1 . Janu\s R. Dunbar, James B. Ames, Samuel Evemnf; 

/^T* Tx/11 T« T'lTi /'^ • Law School 

C. iieunett, 1). Lliauncey Brewer, fJosiah li. (^umcy, oniie Boston 
Francis B. Sears, George W. MehafPey, and their success- chrisfia/"" 
ors, are hereby constituted a body corporate, by the name i^conJoratea. 
of the Evening Law School of the Boston Young Men's 
Christian Association, for the pur})ose hereinafter named ; 
and they and such persons as shall become members of 
said corporation shall be and remain a body corporate for- 
ever. Said body shall consist of seven members only, 
and shall have power to till vacancies within itself: j^^'o- Proviso. 
vided, however, that four of said members shall always be 
members of the board of directors of the Boston Young 
Men's Clu'istian Association, and shall cease to be mem- 
bers of said l)ody corporate upon ceasing to be members 
of said board of directors. Four of said members shall be 
members of the bar ; and all persons proposed as mem- 
bers of said body shall be approved by the board of direc- 
tors of the Boston Young Men's Christian Association 
before election thereto. 

Section 2. The purpose of the said corporation shall be Purpose of 
to furnish instruction in law, and for the accomplishment '^°''p°™'^"°- 
of this purpose it may appoint such teachers and lecturers 
and adopt such form of organization, by-laws, regulations 
and methods of administration as it deems advisable. 

Section 3. The coiu'se of instruction furnished by the instruction, 
corporation shall occupy not less than four years, and '^^'^' 
to students properly accredited and recommended by a 
majority of the faculty of said law school the corporation 
may grant the degree of bachelor of laws. 

Section 4. The Boston Young Men's Christian Asso- Management 
elation shall provide the said corporation with suitable affai^sretc! 
rooms and a library, shall pay all expenses of maintaining 
the said corporation, shall have sole management of its 
financial affairs, and shall be entitled to all its income. 

Section 5. This act shall take effect upon its accept- ^^ke effect 
ance by the board of directors of the Boston Young Men's 
Christian Association, and said association and said board 
are hereby authorized to do all things set forth or referred 
to in this act to be done by it or them. 

Approved March 14, 1904. 



lOJ: 



Acts, 1904. — Chap. 155. 



Chcqj.l^b 



Certain corpo- 
rations may 
carry on tlie 
business ol' 
assessment 
insurance, etc. 



Existing 
business not 
affected, etc. 



Beneftciaries 
may be substi- 
tuted In certain 
cases, etc. 



An Act relatpv^e to assessment insukance. 
Be it enacted, etc., as follows: 

Section 1. Any domestic corporation now doing busi- 
ness under the provisions of chapter one hundred and nine- 
teen of the Revised Laws and acts amendatory thereof, 
whether originally incorporated under such act or not, 
which limits its certificate holders to a particular order or 
fraternity, may at any time within seven years after the 
date of the approval of this act, at a meeting called for the 
purpose, adopt its provisions, and may thereafter carry on 
the business defined in section one of chapter one hundred 
and twenty of the Revised Laws, and may, in addition 
thereto, provide for the payment of funeral benefits, not 
exceeding one hundred dollars, in case of the death of the 
assured by sickness, and shall thereafter conduct such busi- 
ness under the provisions of said chapter one hundred and 
twenty, as modified by this act, and shall be deemed an 
assessment insurance company. 

Section 2. Such vote and adoption shall not in any 
Avay affect the existing business of such adopting company, 
nor prevent its continuance, nor annul or cancel the mem- 
bership of such company, nor annul, cancel, modify or 
affect in any way its policies or certificates of insurance, 
but all certificates in force and outstanding when the pro- 
visions of this act are adopted by any such company shall 
continue in full force and effect in all their provisions, 
agreements and undertakings as the contracts, policies and 
certificates of such adopting company. Such policies or 
certificates shall be construed according to the provisions 
of law under which they were issued, and any defenses or 
evidence relative to such policies open under such pro- 
visions shall constitute a defense and shall be received as 
evidence in any controversy between the parties to or 
interested in said policies or certificates. 

Section 3. If a benefit certificate has been lawfully 
issued and the beneficiary named therein shall have died, 
the member, with the consent of the officers of the com- 
pany, and under such rules as they may prescribe, may 
have any other person having an insurable interest and 
permitted by the by-laws, substituted as beneficiary therein. 
Said company may by by-laAv provide that should a mem- 
ber become entitled to a benefit before he shall have paid 



Acts, 1904. — Ciiai\ 156. 105 



a benefit assessment the company may, as a condition prc- 

oedont to the ])aynicnt of the benefit, require such member 

to pay thf amount of one such assessment. Standing com- standiu- com. 

mittees or boards having i)rescribed duties under the by- <'"\"muttTin 

laws, inchiding those the members of which are by such Jjjjgeg/eto. 

by-laws made directors or other officers corresponding 

thereto, may be constituted by the election of one or more 

members thereof annually, to serve for not more than three 

years under any one election. Xo person shall be elected nmued' *'"^*^'^ 

or appointed to an administrative position for more than 

tlu'ee years at any one election or appointment. 

Section 4. Any company adopting the provisions of ^|^|ed''\v*itif 
this act shall file in the oliice of the secretary of the Com- secretary of 

, - . " • r> T 1 • ^"^ Comnion- 

nion wealth a copy ot the vote oi adoption, certmed by its wealth, etc. 
clerk or recording officer, within thirty da3^s after the 
final adjournment of the meeting at which the vote was 
passed, and thereafter such company shall be subject to 
the provisions of chapter one hundred and tAventy and its 
amendments, except as otherwise provided in this act. 

Section 5. No amendments hereafter made to any certain 

^■1 ji_in ij. J.' amendments 

ti^aternal or assessment act shall apply to corporations or hereafter made 
associations doing business under the provisions of this °'^**°''ro-^- 
act, unless such amendments are specifically made appli- 
cable thereto. Ajyproved March 14, 1904. 



Chap.156 



An Act making appropriations for salaries and expenses at 
the lyman school for boys, and for certain expenditures 
by the trustees of the lyman and industrial schools. 

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 CommonAvealth "°"^* 
from the ordinary revenue, for the purposes specified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and four, to wit : — 

For the payment of salaries and wages at the Lyman Lyman school 
school for boys, a sum not exceeding thirty-two thousand saLrfe^s^ 
four hundred and sixty-six dollars. *''^'- 

For other current expenses at the said school, a sum Expenses. 
not exceeding forty-nine thousand five hundred dollars. 

For salaries and expenses of such agents as the trustees Agents. 
of the Lyman and industrial schools may deem necessary 
to employ, a sum not exceeding nine thousand dollars. 



106 Acts, 1904 — Chaps. 157, 158. 

?hHdreS^ °"* ^^^' expenses in connection with boarding out children 
by the trustees of the Lyman and industrial schools, a 
sum not exceeding live thousand dollars. 
pubTic^schooi's. For instruction in the public schools in any city or town 
in the Commonwealth of children boarded or bound out 
by the trustees of the Lyman and industrial schools, a sum 
not exceeding six hundred dollars. 

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

Approved March 14, 1904. 



Chap.lo^i 



Ax Act to authorize the towx of brookline to establish 

A PUBLIC GYMNASIUM. 

Be it enacted, etc., as foUoics : 
Town of Section 1. The town of Brookline may cstal:)lish a 

Brooklme may . . i /. 

establish a public g^^mnasium and may appropriate money therefor. 
nasiumfetcl SECTION 2. Tliis act shall take effect upon its passage. 



ApjJroved March 14, 1904. 



CJlCtV 158 "^^ "^^'^ '^*-* AUTHORIZE THE CITY OF CAMBRIDGE TO MAKE A SPECIAL 

BRIDGE LOAN. 

Be it enacted, etc., as folloivs: 

Bridge'splciai SECTION 1. The city of Cambridge may Issuc scrip or 
Loan. bonds in excess of the limit allowed by law to an amount 

not exceeding thirty thousand dollars, and to be desig- 
nated on the face thereof, Cambridge Bridge Special Loan. 
Such scrip or bonds shall bear interest, payable semi- 
annually, at a rate not exceeding four per cent per annum, 
and shall be payable at such time, not exceeding thirty 
years from the date thereof, as shall be determined by the 
city by vote of its city council, and as shall be expressed 
on the face of such scrip or bonds. The proceeds of said 
loan shall be used in payment of the amount of expenses 
imposed upon the city of Cambridge under the provisions 
of chapter one hundred and five of the resolves of the year 
nineteen hundred and one. being " A Resolve to provide 
for the appointment of a committee to consider the advisa- 
bility of constructing a dam across the Charles river be- 
tween the cities of Boston and Cambridge." 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 they shall not be sold or pledged for 
less than the par value thereof. 



Acts, lOOi. — Cuap. 159. 107 



Section i>. The provisions of the twelfth, thirteenth, ^fg^^^^°^7i;;^ 
fourteenth, fifteenth, sixteenth and seventeenth sections to apply, 
of (•ha})ter twenty-seven of the lievised Laws shall, so 
far as thev niav lie api)lieable, apply to the loan herein 
authorized. 

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

Approved March 15, 1904. 

An Act relative to tuk maintenance of bastard children, ni^ar) I^C) 
Be it enacted, etc., as follows: 

Section 1. Section one of chapter eighty-two of the r. l. 8-2, §i, 
Revised Laws is hereby amended by inserting before the '""*^"^*^^'- 
word "police ", in the third line, the words : — justice of 
a, — by striking out before the word "court", in the 
fifth, ninth and tenth lines, respectively, the word " the", 
and inserting in place thereof the words: — such justice 
of a, — and by striking out after the word "before", in 
the twelfth line, the w^ords " the same or ", and before the 
word " court", in the same line, the w^ord " other", — so 
as to read as follows : — /Section 1. LTpon com})laint of a complaints in 
woman who has been delivered of a bastard child, or who •^-istarciy cases. 
is pregnant with a child, which, if born alive, may be a 
bastard, to a justice of a police, district or municipal 
court, to a clerk thereof or to a trial justice, against the 
man whom she accuses of being the father of the child, 
such justice of a coui't, clerk or trial justice shall take her 
accusation and examination, in writing under oath, rela- 
tive to the person accused, the time when and place where 
the complainant was begotten with child, and such other 
circumstances as such justice of a court, clerk or trial jus- 
tice considers necessary for the discovery of the truth of 
such accusation. Such justice of a court, clerk or trial warrants. 
justice may issue a warrant against the person accused, 
which mav be returnable before any court or trial justice 
having jurisdiction thereof in the county. The warrant 
shall run throughout the Commonwealth, and any officer 
qualified to serve civil or criminal process in any county, 
to whom it is directed, may serve it and apprehend the 
defendant in any county. 

Section -I. This act shall take effect upon its passage. 

Approved March 17, 1904. 



108 



Acts, 1904. — Chaps. 160, 161, 162. 



Part of town 
of Tenipleton 
may establisli 
a public light- 
ing plant. 



ChclV.KjO ^^ ^CT TO ENLARGE THE AUTHORITY OF CERTAIN PRECINCTS IN THE 
TOAVN OF TEMPLETON TO ESTABLISH A PUBLIC LIGHTING PLANT. 

Be it enacted, etc., as folloios : 

That part of the territory of the town of Templeton 
which is included in the voting precincts numbered three 
and four as a district sliall have the same authority to 
establish and maintain a plant for the manufacture or pur- 
chase and distribution of gas for lighting and heating pur- 
poses W'hich it now has under chapter two hundred and 
seventy-two of the acts of the year eighteen hundred and 
ninety-eight for establishing and maintaining a plant for 
the manufacture or purchase and distribution of elec- 
tricity ; and the terms, provisions and reservations of said 
chapter are hereby made applicable to the additional 
authority given by this act. Apjyroved March 19, 1904. 



(JJian,\(^\ -^N Act to PROVIDE that hospital ambulances SHALL HAVE THE 

RIGHT OF WAY IN PUBLIC HIGHWAYS. 



Hospital 
ambulances to 
have right of 
way in public 
highways. 



Be it enacted, etc., asfoUoivs: 

Section 1. Hospital ambulances shall have the same 
right of way which fire engines or police patrol wagons 
now have in the streets of all cities and towns. 

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

Approved March 19, 1904. 



Part of 
boundary 
line between 
Rowley and 
Ipswich estab- 
lished. 



Ch(iP.\(j2i A^ Act to ESTABLISH A PART OF THE BOUNDARY LINE BETWEEN 
THE TOWNS OF ROWLEY AND IPSWICH. 

Be it enacted, etc., as follows : 

Section 1 . The following described line shall hereafter 
be in part the boundary line between the tow^ns of Rowley 
and Ipswich : — Beginning at a point in the present line 
between the towns of Ipswich and Rowley at a granite 
monument lettered I R, standing about five hundred feet 
southwesterly of Hanmiond street in Rowley, in latitude 
fort3^-tAvo degrees, forty-two minutes, forty-six and sixty- 
two hundredths seconds and longitude seventy degrees, 
fifty-two minutes, thirty-three and fifty-five hundredths 
seconds ; thence south sixty-five degrees, eight minutes 
east, true bearing, two thousand five hundred and nine 
feet, to a cedar post lettered I R, standing near the bank of 



Acts, IIKU. — Chap. 163. 109 

a brook in latitude forty-two degrees, forty-two minutes, 
thirty-six and twenty hundredths seconds and longitude 
seventy degrees, fifty-two minutes, three and six hun- 
dredths seconds ; thence in the same direction about eight 
hundred f(>et to a ])oint in the present boundary line in the 
centre of Kowley river. 

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

Airproved March 19, 1904. 



Chap. 163 



Ax Act relative to the custody of minor children. 
Be it enacted, etc., as foUoivs : 

Section 1. Section four of chapter one hundred and R-li45, §4 
torty-five of the Revised Laws, as amended by chapter 
four hundred and seventy-four of the acts of the 3^ear 
nineteen hundred and two, is hereby further amended by 
inserting after the word "may", in the eleventh line, 
the words : — upon the consent in writing of the parents, 
or surviving parent, — and by inserting after the word 
' ' custody ", in the twelfth line, the w^ords : — and may 
so order, — so as to read as follows : — Section 4. The Carean<i 

T ,. . , T 1 1 1 . custodv of 

guardian oi a minor, unless sooner discharged according imuors. 
to law, shall continue in office until the minor arrives at 
the age of twenty-one years, and he shall have the custody 
and tuition of his w^ard and the care and management of 
all his estate, except that the parents of the minor, jointl}^, 
if living, and in case of the death of either, the surviving 
parent, they being, respectively, competent to transact 
their own business, shall be entitled to the custody of the 
person of the minor and to the care of his education ; but 
the probate court may, upon the consent in writing of the 
parents, or surviving parent, order that the guardian shall 
have such custod}^ ; and may so order if, upon a hearing 
and after such notice to the parents or surviving parent 
as it may order, it finds such parents or parent to be unfit 
to have such custody, or if it finds one of them unfit 
therefor, and the other files in such court his or her con- 
sent in writing to such order. 

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

Approved March 19, 1904. 



110 



Acts, 1904. 



Chaps. 164, 165. 



Chap.164: 



R. L. -217, § 35, 
amended. 



Proceedings 
in case of 
default on 
recognizance. 



An Act relative to defaults in crimtnal cases. 

Be it enacted, etc., as follows: 

Section thirty-five of chapter two hundred and seventeen 
of tlie Revised Laws is hereby amended by striking out 
the words "his default shall be recorded, but", in the 
second line, and inserting in place thereof the words : — 
the court or justice may issue process to bring him into 
court for trial. The court or justice may at any time 
after his failure to appear according to the condition of his 
recognizance, order his default to be recorded ; but the 
default, — so as to read as follows : — Section 35. If the 
recognizor does not appear according to the condition of 
his recognizance, the court or justice may issue process to 
bring him into court for trial. The court or justice may 
at any time after his failure to appear according to the 
condition of his recognizance, order his default to l)e re- 
corded ; but the default may be taken ofl' for good cause 
at any time to which the case may be continued. If such 
default is not taken off, the recognizance shall be certified 
with a record of such default to the superior court, and 
like proceedings shall be had thereon as upon a breach of 
the condition of a recognizance for appearance before said 
superior court. Approved March 19, 1904. 



ChciV.\()5 An Act relative to the payment by executors and administra- 
tors OF demands against the estates of deceased persons. 



R. L. Ul, § 2, 
amended. 



Payment of 
debts due fi'om 
estates of 
deceased 
persons. 



Be it enacted, etc., as follows : 

Section two of chapter one hundred and forty-one of 
the Revised Laws is hereby amended by adding at the end 
thereof the words : — and in case such executor or admin- 
istrator shall be in doubt as to the validity of any debt 
which, if valid, he would have a right to pay under the 
provisions of this section, he may, with the approval of 
the probate court, after notice to all persons interested, 
pay such debt or so much thereof as the court may author- 
ize, — so as to read as follows : — Section 2. If an ex- 
ecutor or administrator who has given due notice of his 
appointment does not within one year thereafter have 
notice of demands against the estate of the deceased which 
authorize him to represent such estate to be insolvent, he 
may, after the exi)iration of said year, pay the debts due 



Acts, 1904. — Chaps. 16(3, IGT. Ill 

ti-oin the estate and shall not be personally liable to any 
ereditor in eonseciuenee of such payments made before 
notice of such creditors demand ; and in case such execu- 
tor or administrator shall be in doubt as to the validity 
of any debt which, if valid, he would have a right to pay 
under the provisions of this section, he may, with the ap- 
proval of the probate court, after notice to all persons in- 
terested, pay such debt or so nmch thereof as the court 
may authorize. Approved March 19, 1904. 

An Act in addition to an act making appropriations for defi- (JJi^-^p \Q(y 

CIENCIES IN appropriations FOR SUNDRY EXPENSES AUTHORIZED 
IN THE YEAR NINETEEN HUNDRED AND THREE. 

Be it enacted, etc., asfoUoivs: 

Section 1 . The sums hereinafter mentioned are appro- Appropna- 
priated, to be paid out of the treasury of the Conmionwealth *"^°^- 
from the ordinary revenue, for certain expenses in excess 
of the appropriations therefor in the year nineteen hun- 
dred and three, to wit : — 

For current expenses at the Lyman school for boys, the Lyman school 
sum of twenty-five hundred thirty-six dollars and sixty- fo'"^^o>'*- 
eight cents. 

For certain improvements at the state industrial school fr*{!,f g^^f^of 
for girls, the sum of fifty-nine hundred thirteen dollars forgiris. 
and sixtv-six cents. 

For current expenses of the Massachusetts nautical train- Massachusetts 
ing school, the sum of thirty-three hundred ninety-seven fng schooL"'^" 
dollars and three cents. 

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

Ajyj'troved March 19, 1904. 

An Act relative to the construction of a tunnel for ele- ni^rtn-. \PJT 

VATED cars or TRAINS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. The structure for two tracks especially constmctiou 
adapted for elevated cars or trains for which provision is etct iu"t"fe'city 
made in chapter five hundred and thirty-four of the acts '^^ Boston, 
of the year nineteen hundred and two, therein called the 
tunnel, may be located and constructed by the Boston 
Transit Commission northerly of the junction of Washing- 
ton street and Adams square, in and through the existing 
subway ; and in connection therewith such changes may 



112 Acts, 1904. — Chaps. 168, 169. 

o°afunnei°° ^^ made Avitliin that part of said subway as ma}^ be neces- 
ete., in tiie'city garv for the accommodation of surface ears: and at any 

of Boston. .''. . i> I ii' •• 

time alter the completion oi the tunnel the commission 
may make such further changes in or additions to the ex- 
isting subway between Adams square or Scollay square 
and Causeway street as may be necessaiy for the accom- 
modation of surface cars. In all action hereunder the 
commission shall, so far as may be necessary, have all the 
powers coiiferred by the above named act and shall be 
subject to the provisions of section thirteen thereof. All 
expenses incurred hereunder, including any charges or 
expenses occasioned by reason or in consequence of the 
laying out of the tunnel through a part of the subway as 
above provided, shall be deemed a part of the cost of the 
tunnel under said act. 

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

Ajyproved March 21, 1904. 

QJian.\GS ^^ ^^^ '^^ EXTEXD THE TIME WITHIN WHICH THE LOMELL AND 
FITCHBURG STREET RAILWAY COMPANY SHAEL CONSTRUCT AND 
OPERATE ITS RAILWAY. 

Be it enacted, etc. , as foUoios : 

extended SECTION 1. The time within which the Lowell and 

Fitcliburg Street Railway Company is required by law 
and by the terms of its several locations to build and put 
in operation some part of its road is hereby extended 
until the thirty-first day of December in the year nineteen 
hundred and five. 

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

Approved March 21, 1904. 

ChciV 169 ■^'^ -^^^ RELATIVE TO CORPORATIONS AUTHORIZED TO CONSTRUCT 

RAILROADS IN FOREIGN COUNTRIES. 

Be it enacted, etc., as follows: 

amended ^ '***' SECTION 1. ScctioH two liuiidrcd and eiglity-four of 
chapter one hundred and eleven of the Revised LaAvs is 
hereby amended by adding at the end thereof the follow- 
ing : — Such corporation may, by vote at a meeting of its 
directors, purchase, acquire or lease the property, stocks, 
bonds or securities of any railroad corporation whose line is 
located in the foreign country named in the original agree- 
ment of association of such corporation or any amendment 



Acts, 1904. — CiiAr. 1()9. 113 



tlun-eof nuulc as hereinafter provided, or of any tsteanishin k. i> hi, §-.'.s-<, 
ooni[)any associated in transportation or busniess witli sucn 
corporation, ujjon such terms and for such consideration 
as shall be determined by such vote, and in like manner 
may appoint an executive connnittee from the members 
of its board, and deleoate to such connnittee such power 
and authority as l)y such vote shall be provided, and in 
like manner may divide the directors into classes as nearly 
equal as possible for the prescribed number of classes, and 
prescribe the tenure of office of the several classes, but no 
class shall be elected for a shorter period than one year 
or for a lonoer period than tive years, and the term of 
office of at least one class shall expire at the next animal 
meeting and thereafter at the end of each year, and at 
each annual meeting after such division directors shall be 
elected only to fill the place of those whose term of office 
shall then expire as so provided and shall hold office for 
the period so prescribed, and all directors shall hold office 
until their successors are chosen and qualified ; and such 
corporation may, by vote at an annual or a special meet- 
ing of its stockholders, called for the |)urpose, amend its 
agreement of association to provide for constructing and 
operating a railroad in any other foreign country or coun- 
tries in accordance with the laws of such country or coun- 
tries, and shall file such amendment in the office of the 
secretary of the Commonwealth and [jayhini a fee of fifty 
dollars, and thereupon such corporation shall have the 
same ])owers and privileges, and be subject to the same 
duties, liabilities and restrictions, in all respects, as if its 
agreement of association had originally contained such 
amendment, — so as to read as follows : — Section 284. ^Jfi eorpora- 
The corporation may from time to time, at a meeting of tionsmay 

■I J ' 5 I increase or 

directors called for the purpose, reduce the amount of the redmx- capital 
capital stock, or increase it for the purpose of constructing 
and equipping its road and extensions or branches thereof. 
If such increase or reduction is made, a certificate of the 
fact, signed by the president of the corporation, shall, 
within thirty days thereafter, be filed in the office of the 
secretar}^ of the Commonwealth, Sucli corporation may, May acquire 
by vote at a meeting of its directors, purchase, acquire or property, etc. 
lease the property, stocks, bonds or securities of any rail- 
road corporation whose line is located in the foreign coun- 
try named in the original agreement of association of such 
ccn'jjoration or any amendment thereof made as hereinafter 



114 



Acts, 19(M. — Chap. 169. 



Directors, elec- 
tiou, terms, etc. 



Agreement of 
association 
may be 
amended, etc. 



R. L. Ill, § 285, 
amended. 



To be subject 
to certain pro- 
visions of law. 



provided, or of any steamship company associated in trans- 
portation or business ^vith such corporation, upon sucli 
terms and for such consideration as sliall be determined 
by such vote, and in like manner may appoint an execu- 
tive committee from tlie members of its board, and dele- 
gate to such committee such power and authority as by such 
vote shall be provided, and in like manner may divide the 
directors into classes as nearly equal as possible for the 
prescribed number of classes, and prescribe the tenure of 
oiEce of the several classes, but no class shall be elected 
for a shorter period than one year or for a longer period 
than five years, and the term of office of at least one class 
shall expire at the next annual meeting and thereafter at 
the end of each year, and at each annual meeting after 
such division directors shall be elected only to fill the place 
of those whose term of office shall then expire as so pro- 
vided and shall hold office for the period so prescribed, 
and all directors shall hold office until their successors are 
chosen and qualified ; and such corporation may, by vote 
at an annual or a special meeting of its stockholders, called 
for the purpose, amend its agreement of association to 
provide for constructing and operating a railroad in any 
other foreign country or countries in accordance with the 
laws of such country or countries, and shall file such 
amendment in the oilice of the secretary of the Common- 
wealth and pay him a fee of fifty dollars, and thereupon 
such corporation shall have the same powers and privi- 
leges, and be subject to the same duties, liabilities and re- 
strictions, in all respects, as if its agreement of association 
had originally contained such amendment. 

Section 2. Section two hundred and eighty-five of 
chapter one hundred and eleven of the Revised Laws is 
hereby amended by adding at the end thereof the words : 
— except as otherwise provided herein, — so as to read as 
follows : — Section 285. Such corporation shall be sub- 
ject to the provisions of the first clause of section forty- 
eight and sections fifty-five, fifty-eight, fifty-nine, sixty 
and seventy-eight of this chapter, and of section fifty-two 
of chapter fourteen, except as otherwise provided herein. 

Section 3. This act shall take eftectupon its passage. 

Approved March 22, 1904. 



Acts, 1904. — Chap. 170. 115 



An Act to provide fou the disposition by the metropolitan rif.f^.y^ 1 ^c\ 

I'ARIC COMMISSION OF UNCLAIMED OR ABANDONED PROPERTV. "' 

Be it €)( acted, etc., asfollotcs: 

Sectiox 1. If inoncv, jjoods or other proi^erty which Disp9sition of 

- ' 9 1 < 1 /> certain stolen 

has been stolen, lost, abandonecl or taken trom a person or abandoned 
under arrest comes into the possession of a police officer I'^^^f*^^ ^'^ ^• 
or other employee of the metropolitan park commission 
by virtue of his office or employment, he shall deliver the 
same to the person designated by said commission to re- 
ceive the same, and he shall thereupon be relieved from 
further responsibility therefor. 

Section 2. If no person proves ownership of such grty nin?bT" 
monev, groods or other property within six months said soidatpnbuc 

•'. ' r 7i !_• auction. 

commission may cause the same, excepting money un- 
claimed, to be sold at public auction at such place and 
time and l)y such person as said commission may designate. 

Section 3. Notice of the time and place of such sale. Notice to be 
with a description of the property to be sold, shall be s^^*^^- 
given by publishing the same once in a newspaper pub- 
lished in the city of Boston. 

Section 4. Such property, if perishable or liable to Disposition 
deteriorate greatly in value by keeping, or the value of propertyfetc. 
which will probably be less than the expense of keeping, 
may ])e sold at public auction at such place and at such 
time within six months and by such person as said com- 
mission may designate, such notice of the time and place 
of sale as said commission may deem reasonable and proper 
first being given. 

Section 5. The proceeds of such sales, together with Disposition 

,. , ^ ^ 11' 11 or proceeds 

such unclaimed monev, after deducting all reasonable of sales and of 

, , .' 1 J. c ^ unclaimed 

charges and expenses incurred on account of such prop- money. 
erty, shall be accounted for and paid to the treasurer and 
receiver general of the Commonwealth and shall be credited 
and added to the Metropolitan Parks Expense Fund. 

Section 6 . If within two years after any such sale the To be paid to 
owner claims such property and proves his ownership to celtlifu cases. 
the satisfaction of said commission the amount of such un- 
claimed money or the proceeds of the sale of such property, 
after deducting all reasonable charges and expenses, shall 
be paid over to him by the treasurer and receiver general 
out of said Metropolitan Parks Expense Fund. 

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

Approved March 22, 1904. 



116 Acts, 1904 — Chaps. 171, 172, 17:i 171. 

ChCi7).\l\ ^^ -^CT TO EXTEND THE TIME AVITHIX WHICH THE HARTKOHl) AXU 
AVORCESTER STREET RAILAVAY COMPANY SHALL CONSTRUCT AND 
OPERATE ITS RAILWAY. 

Be it enacted, etc., as follows : 

extended. SECTION 1. Tlic time withiii which the Hartford and 

Worcester Street Railway Company is required by law and 
by the terms of its several locations to build and put in 
operation some part of its road is hereby extended until 
the first day of November in the year nineteen hundred 
and six. 

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

Approved March 22, 1904. 

ChCip.Vi2i ^^' '^CT TO AUTHORIZE SCHOOL COMMITTEES TO EXPEND MONEY FOR 
EXHIBITION OF WORK OF THE PUBLIC SCHOOLS. 

Be it enacted, etc., as folloics : 

expT/ded lor^ SECTION 1 . The school Committee of any city or town 

work*of*'\'biic ^^^^3^ ^^ '''"J national, state or foreign exposition, make 

schools. an exhibition sho^ving the character, standing or work of 

the public schools of the city or town, and may for that 

purpose expend part of the mone}'^ raised by taxation for 

school purposes in the year in Avhich the appropriation is 

made. 

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

Approved March 22, 1904. 



Chap. 173 



An Act relative to members of school committees. 
Be it enacted, etc., as foUoivs : 
Members of ^q member of a school committee in any city or town 

school com- 111 -,..-, . . , .' "^ 

inittee not shall bc eligible to the position of teacher in or master or 

cli^^iblG to 

position of Superintendent of the public schools of such city or town, 

teacher, etc. j. j.i -j,* ^ j. i • j. ' • j. t i. 

or to the position of teacher in or master or superintendent 
of public schools in any school district or superintendency 
union of which such town forms a part. 

Approved March 22, 1904. 

Ch(l7).V74: -^^ ''^^^ ^^* PROVIDE FOR THE PERMANENT INVESTMENT OF THE 
TECHNICAL EDUCATION FUND, COMMONWEALTH (iRANT. 

Be it enacted, etc., as follows : 

he paid fnt? ^" SECTION 1 . Tlic treasurer and receiver general is hereb}'' 
the Technical authorized to pay into the Technical Edu«'ation Fund, 



Acts, 1904. — Chai>. 175. 117 

Coimuonwoaltli (Trunt, the sum of four hundred twenty- Education 
four doUars and sixty-five cents, beino- the sum required m"Muv4uh 
to make the fund one hundred and forty-two thousand *''"'"'^- 
dollars. 

Sk( rioN 2. The treasurer and receiver general is hereby investment of 
authorized to invest said fund of one hundred and forty- 
two thousand dollars in the piu"ehase of a long term bond 
of the Commonwealth, bearing interest at the rate of tliree 
and one half per cent per annum, pa^^able semi-annually ; 
and for the purpose of paying the premium on such bond 
the treasurer and receiver general is hereby authorized, 
with the approval of the governor, to pay from the treasury 
of the Commonwealth a sum not exceeding four thousand 
dollars. 

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

Approved March 22, 1904. 



Ax Act relative t(^^> the city hall building ix the city of 

MAKLBOROUGH. 



Chap.175 



Be it enacted, etc., as follows : 

Section" 1 . The persons appointed as members of the city haii 
" city hall building committee " pm'suant to the provisions mTtteeT/°'"" 
of an order numbered five thousand four hundred and ?/owerg*anl^'' 
forty-seven, adopted by the city council of the city of "ut'es- 
Marlborough and approved on the sixteenth day of Janu- 
ary, nineteen hundred and four, are hereby constituted a 
commission to erect on land designated by order numbered 
five thousand four hundred and forty-five, adopted by said 
city council and approved on said date, a building for 
municipal purposes, and to complete and equip the same 
ready for occupancy, all in accordance v^ith said order. 
Said commission shall not expend or contract to expend 
more than the sum specified in said orders, unless such 
excess of expenditure shall first be authorized by the city 
council of the city. 

Section 2. The said commission shall remain in exist- Term of office, 

vacancy, etc. 

ence a sufficient time to accomplish the purposes or this 
act, and any vacancy therein shall be filled by appoint- 
ment in the manner provided for the original appointments. 
The commission shall annually, and whenever required by 
the ma^'or or by the city council, present in writing a re- 
port of all its acts and proceedings, and of the condition 
and progi'ess of the work. The meml^ers of the commis- 



118 Acts, 1901. — Chaps. 176, 177. 

sion shall serve without compensation and shall not be 
interested financially, either directly or indirectly, in the 
work hereby directed to be done. 

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

Ajyjyroved March 22, 1904. 

ChClV.\7G "^^ ^^'^ '^^ PROVIDE KOR BETTER PROTECTION OF BIRDS AND AVILD 

ANIMALS ON THE LORD'S DAY. 

Be it enacted, etc., as follows: 

amended? ^' Section One of chapter ninety-two of the Eevised Laws 

is hereby amended by inserting after the word " birds", 
in the second line, the words : — wild animals, — and by 
striking out all after the words " liable to ", in the third 
line, and inserting in place thereof the words : — a penalty 
of not less than ten nor more than twenty dollars in addi- 
tion to any penalties for taking, killing or having in pos- 
session birds, Avild animals or game protected by law, — 
Penalty for SO as to read as follows: — Section 1. The Lord's day 
on the Lord's sliall be close scason. Whoever hunts or destroys birds, 
*^' wild animals or game of any kind on the Lord's day shall 

be liable to a penalty of not less than ten nor more than 
twenty dollars in addition to any penalties for taking, 
killing or having in possession birds, wild animals or game 
protected by law. Approved March 22, 1904. 

ChClp.Vil ^^ -^CT TO DISSOLVE CERTAIN CORPORATIONS. 

Be it enacted, etc., as folloivs : 

dissolved.""^ SECTION 1. Such of the following named corporations 
as are not already legally dissolved are hereby dissolved, 
subject to the provisions of sections fifty-two and fifty- 
three of chapter four hundred and thirty-seven of the acts 
of the year nineteen hundred and three, viz. : — 

A. Coburn Boot and Shoe Company, 

A. D. Puifer and Sons Manufacturing Company, 

A. F. Leonard Company, The, 

A. F. Towle and Son Company, 

A. H. Atwood Company, 

A. M. Niles Shoe Company, 

A. Kidgeway Co., 

A. S. Dexter and Company (Incorporated), 

A. T. Fairbanks Confectionery Company, 

A. W. Bryne Construction Company, 



Acts, 19(U. — CiiAr. 177. 119 

A. W. Clapp Company, dSved""^ 

A. W. Eaton Paper Company, 

A. W. Waiien Co., 

Abbot Spinner Company, The, 

Abbott Park xVssociation, 

Abbott Slipper Company, The, 

Acetylene ^Nlachine Manufacturing Company, The, 

Acme Manufacturing Company, 

Adams Drug Company, 

Adams Power Company, 

Adams Print Works Company, 

Adelphi Rink Corporation, 

Albert Field Tack Company, 

Albion Paper Company, 

Alcazar jNlusic Hall Company, The, 

Alexander Hill Bedding Co., 

Alfred Clapp Lumber Company', 

Allen Fan Company, 

Allerton Building Company, 

Almon Sargent and Conant, Incorporated, 

Alpha Cycle Company, 

Alpha Publishing Company, 

American Bedstead Company, The, 

American Company, The, 

American Confectionery Company, 

American Fertilizer Company, 

American Fire Hose Manufacturing Company, 

American Gem Cutting Company, 

American Gospel Publishing Society, The, 

American Lineage Pulilishing Company, 

American Publishing Company, The, 

American Slipper Company, Limited, The, 

American Sweat Band Sewing Machine Company, 

American Tenon Joint Company, The, 

American Transmission Pope Company, 

Amesbury Carriage Company, The, 

Amesbury Shoe Company, The, 

Andover Co-operative Creamery Association, The, 

Andover Gas Light Company, 

Andover Review Company, The, 

Argus Advertising Agency, 

Arlington Hotel Company, The, 

Arthur C. King Company, 

Ashland Shoe & Leather Company, 

Assabet Manufacturing Company, 



120 Acts, 1904 — Chap. 177. 

cowatious Atherton Machine Company, 

Atheiton Paint Company, The, 

Athol Realty Company, 

Atlantic Box Manufacturing Company, 

Atlantic Construction Company, 

Atlantic Lumber Company, The, 

Atlantic News Company, 

Atlantic Novelty Manufacturing Company, 

Atlas Brokerage Company, The, 

Atlas Pulp Company, 

Atlas Tack Corporation, 

Attleborough, North Attleborough & A\'rentham Street 

Railway Company, 
Austin Amusement Company, 
Austro-Peninsular Company, 
Automatic Winder Company, 
Ayer Light and Power Company, 
B. F. Larrabee Company, 
B. F. Lewis & Son Company, 
B. W. Fellows Machine Company, 
Babb, Williams, Douglass Company, The, 
Baker and Gay Company, 
Baker-Ricketson Company, The, 
Bakers' and Confectioners' Co-operative Association, 

The, 
Ballardvale Manufacturing Company, 
Barre Hotel Company, The, 
Bates Machine Company, The, 
Bay State Biscuit Company, The, 
Bay State Clothing Company, The, 
Bay State Lumber Company, 
Bay State Manufacturing Company, 
Bay State Mercantile Company, 
Bay State Morocco Company, 
Bay State Packing Company, 
Bay State Plumbing and Heating Company, 
Bay State Security Company, 
Bay State Steamship Company, 
Beach and Clarridge Company, 
Beacon Cycle Manufacturing Company, 
Beacon Oil Company, 
Beals Leather Company, 
" Bed Rock" Emery Wheel Co., 
Bedford Lumber and Manufacturing Company, 
Belden Paint and Mineral Company, 



Acts, 1904. — Ciiap. 177. 121 

Bekling- Company, _ di3ved.""' 

Belmont ^ranutucturinir Company, 

Bomu'tt Spiimiiiii' Company, 

Bent Brothers Company, 

Beoli Company, The, 

Berkeley House Company, 

Berkshire Eleetric Lii>ht, Heat c*c Power Co., The, 

Berkshire Spar and Qu:irtz Com})any, The, 

Berkshire A\'oollen Company, 

Berlin Falls Fibre Company, The, 

Beverly Machine Company, 

Billerica IClectric Com[)any, 

Black Kock Hotel Company, 

Blackstone Valley Co-operative Creamery Company, 

Blair Camera Company, 

Blanchard & Watts Engraving Company, The, 

Bolles and AVilde Company, The, 

Border City Hotel Company, 

Boston Amusement Company, 

Boston and Bay State Die Co., 

Boston and L}'nn Steamboat Express Company % 

Boston and Machias Steamship Company, 

Boston and Philadelphia Steamship Company (Old 

company chartered 1873), 
Boston and Sandwich Glass Company, The, 
Boston and Sulmrban Laundry Company, 
Boston Art Company, 
Boston Calendar Manufacturing Co., 
Boston Casting Company, 
Boston Check and Ticket Company, 
Boston Clock Company, 
Boston Co-operative Buyers Association, 
Boston Cooperative Press, 
Boston Cooperative Society, 
Boston Cycle Comjmny, 
Boston Cyclorama Company, 
Boston Dental ^Manufacturing Company, 
Boston Engraving and Mclndoe Printing Company, 
Boston Enterprise Manufacturing Company, The, 
Boston Furniture Company, The, 
Boston Hansom Cab Company, The, 
Boston Heating Company, 
Boston Ice Cream Company, 
Boston Incandescent Lamp Company, The, 
Boston Last Manufacturing Com|)any, 



122 Acts, 1904. — Chap. 177. 

dissoi'ved.^'^^ BostoD Lead Manufacturing Company, 

Boston Limited Partnership Company, 
Boston Lock Corner Box Company, 
Boston Lunch Company, 
Boston Marble and Granite Company, 
Boston Market (Corporation), 
Boston Millinery Company, 
Boston Paving Company, 
Boston Power Company, 
Boston liental and Realty Company, 
Boston Security Company, 
Boston Shredded Cereal Food Company, The, 
Boston Steam Fishing Co., 
Boston Stereoscope Company, 
Boston Stock and Grain Exchange, 
Boston Time Table Co., The, 
Boston Trading and Export Company, The, 
Boston Woods Motor Vehicle Co., The, 
Boston Woven Hose and Rubber Company, 
Bowler Gridley Company, 
Boylston Pharmacy (Incorporated), 
Bradley Hagney Company, 
Brainard Milling Machine Company, 
Braintree Shoe Alanufacturing Company, 
Braintree Wood and Lumber Company, 
Bridge water Box Company, 
Bridgewater Box Manufacturing Company, 
Brimfield Hotel Company, The, 
Brockton and Eureka Box Toe Company, 
Brockton Publishing Company, The, 
Brookfield Brick Company, 
Brooktield Shoe Company, 
Brookline Artificial Ice Company, 
Brown Electric Company, 
Bryant Boot & Shoe Co., 
Butford's Sons Lithographic Company, The, 
BuUard Camera Company, The, 
Burget & Lewis Company, 
Burke Bamford Shoe Company, 
Burlington Manufacturing Company, 
Burrell Manufacturing Company, 
Burt and Packard Company, The, 
Buskirk Jewelry Company, 
Butcher Cyclometer Company, 
Butchers Rendering Association, Co-operative, 



Acts, 1904. — Chap. 177. 123 

Butchers' Rendering Company of Fall River, The, dSved^"^ 

Buttvic'k and Eddy Company, 

Byiield ^^'oolen Company, 

C. D. Morse Manufacturing Company, 

C. E. Chamberlin Company, The, 

C. E. Hudson Company, 

C. E. Macoml)er Company, 

C. H. Black Company, 

C. H. Dunham Company, The, 

C. L. Smith Company, The, 

C. R. Brewer Lumber Company, 

C. S. Macgregor Co., 

C. T. Sampson Manufecturing Company, 

C. W. Mutell Manufacturing Company, The, 

C. W. Tappan Shoe Company, 

California Raisin Company, 

Callender Power Company, 

Cambridge Cooperative Society, 

Cambridge District Messenger Company, The, 

Cambridge Scandinavian Cooperative Society, 

Cameron's Pharmacy, 

Campbell Brothers Company, 

Cape Ann Isinglass Company, 

Cape Ann Printing Company, 

Cape Cod South Side Railroad Company, 

Capital and Progress Spring Company, The, 

Capitol Provision Company, 

Carew Freestone Company, The, 

Carter Paper Company, 

Cascade Power Company, The, 

Caswell Shoe Company, 

Central Plating Works, The, 

Century Manufacturing Company, The, 

Chadwick Lead Works, 

Chamberlin & Sawyer Co., 

Chamberlin Metal Weatherstrip Company of Boston, 

Champion Card and Paper Company, 

Chandler Adjustable Chair and Desk Company, 

Charlemont Cooperative Creamery, 

Charles A. Millen Company, 

Charles Atkinson Company, 

Charles Baker Company, The, 

Charles F. Bates Manufacturing Company, 

Charles L. Pierce Machine Company, 

Charles Perry Manufacturing Company, 



124 Acts, 1904.— Chap. 177. 

Corporations Charlestowii Stove Co., The, 

dissolved. ' ' 

Chase hievator and Manton VVindlass Company, 

Chase Woolen Company, 

Chelsea Wire Fabric Kubber Company, 

Chequassett Lumber Company, 

Chicopee Falls Wheel Company, 

Chisel Edge Nut Lock Co., 

Church Cleansing Company, 

Church Mills Knitting Company, 

Church Publication Company, The, 

Citizen Company, The, 

Citizen Newspaper Company, The, 

Citizen Publishing Company, 

Citizens' Co-operative Fuel Association, 

Citizens Gas and Electric Light Company of Spencer, 
Mass., 

Citizens Gas Compau}' of Medford, 

Citizens Gas Light Comi)any of Reading, South Read- 
ing and Stoneham, 

City Ice Company, 

City Warehouse and Storage Company, The, 

Claims Adjustment Corporation, The, 

Clarendon Counter Company, 

Clark Manufacturing and Novelty Company, 

Clark W. Bryan Company, The, 

Clark's Cove Guano Company, 

Clicquot Club Bottling and f]xtract Company, 

Climax Bell Company, 

Climax Manufacturing Company, The, 

Climax Tin Manufacturing Company, 

Clinton Express, The, 

Clinton Printing Company, 

Coburn and Taylor Manufacturing Company, 

Cochrane Carpet Company, 

Cohannet Mills, 

Colcord Richardson Company, 

Cold Process Company, The, 

Coleman Cotton Mills, 

Collyer Insulated Wire Company, The, 

Columbia Electric Company, 

Columbia Granite Company, 

Columbia Manufacturing Company, 

Columl)ia Rubber Company, 

Columbia Stoker Company, 

Co m me rci a 1 Co m ) )any , 



Acts, 1904. — Chap. 177. 125 

Commerci:il Heforcnce Bureau Corporation, diTsXe.V.""* 

Coniinonwealtli Jowolry Company, 

Connnonwoalth Puhlisliinir Coni})any, 

Consolidated Roiriiioratinir C()n]j)any, The, 

Consolidation Steamboat Company, The, 

Construction Reporting Company', The, 

Contractors Estimating- Company, The, 

Cook & Grew Company, 

Cociperative Foundry Co., 

Cooperative Cas and Oil Stove Company, 

Copeland Eldridge & Co., Incorporated, 

Cottager Company, The, 

Court Mills Company, 

Craighead & Kintz Company, 

Crawford Shoe Company, 

Crocker Manufacturing Company, 

Crompton Loom Works, 

Crosby Bros. Company, 

Crosman-Jaquith Company, 

Crowell Manufacturing Company, 

Crystal Emery Wheel Company, 

Crystal Ice Comjiany, 

Crystal Mills Company, 

Cummings Reading Express Company, The, 

Cundy Music Company, 

Cutler, Lyons and Field, Incorporated, 

Cutter and Walker Manufacturing Company, 

Cycle and Tool Manufacturing Company, The, 

Cycle Improvement Company, 

D. A. Eaton Company, 

D. C. Storr Furniture Company, 

D. D. White Shoe Company, 

D. H. Brigham Company, The, 

D. L. Gillett Company, The, 

D. Lothrop Company, 

D. M. Hazen Company, The, 

Daily News Com[)any, The, 

Damon Brick Company, 

David Myers Company, The, 

Day Cordage Company, 

De Cee Company, 

De Land Medical Company, 

De Silva-Morine Company, 

Deane Steam Pump Conij)any, 

Decker Cycle Company, 



126 Acts, 1904 — Chap. 177. 

d3ved°°^ Dedham Lumber Company, 

Deerfield Manufacturing Company, The, 

Demarest Heater Company, The, 

Densmore-Yost Company, 

Derby, Kilmer & Pond Desk Co., 

Dr. Greene Nervura Company, 

Dr. J. Melvin Company, 

Dodge Machine Screw Company, 

Dorchester Beacon Publishing Company, The, 

Dorchester Chemical Company, 

Dorchester Hygeia Ice Company, 

Dow Adjustable Light Company, 

Dracut Water Supply Company, 

Drury Manufacturing Company, 

Dudley Feed Mills Company, The, 

Dunbar Mills Company, The, 

Duncan Leather Manufacturing Company, 

Dutcher Temple Company, 

E. A. Drowne Co., 

E. A. Richmond Carriage Company, The, 

E. and A. Mudge Shoe Company, 

E. B. Tinkham Shoe Company, 

E. G. Richards Company, 

E. G. Rutty Company, 

E. H. Aldrich Hardware Company, 

E. Howard Watch and Clock Company, The, 

E. T. Cow drey Co., 

E. W. Ellis Company, The, 

E. W. Noyes Company, The, 

E. W. Walker Company, 

Eagle Metallic Brush Company, 

Eagle Mill Company, 

East Boston Furniture Company, 

East Brookfield Woolen Company, 

East Douglas Co-operative Association, 

Eastern Construction Company of Boston, "the. 

Eastern Cordage Co., 

Eastern Cycle Manufacturing Company, 

Eastern Paper Company, 

Eastern Shoe Co., The, 

Eastman Clock Company, 

Eaton and Stephens Manufacturing Company, 

Eaton-Hurlbut Paper Company, 

Edgartown Water Company, 



Acts, 1004. — Chap. 177. 12" 

Edmands Cotfee Mills, The, dis'^''p'd'°"* 

Edmund S. Hunt and Sons Company, The, 

Edward L. Smith Company, 

Edwards Grain Company, 

Eijremont ]\lanutacturing Company, 

Elastic Box Toe Co-operative Association, The, 

Ehistic Rubber Company, 

Elastic Tip Company, 

Eiectrodus Company, The, 

EUerton Fishing Corporation, 

Ellerton Gas Light Company, 

Emerson, Low and Barber Company, 

Empire Laundry Machinery Company, 

Endrick Woolen Company, 

Engraver and Printer Company (Corporation), The, 

Equity Co-operative Boot and Shoe Manufacturing 

Company, 
Esleeck Paper Company, 
Essex Automobile and Bicycle Company, 
Essex Cycle Company, 
Essex Manufacturing Company, 
Essex Shoe Company, The, 
Evening Gazette Company, The, 
Ev^erett Cooperative Association, 
Everett Cycle Company, 
Everett Woolen Company, 
Every Saturday Publishing Company, 
Excelsior Cement Company, 
Excelsior Shoe Company, The, 
Experimental Company, The, 
F. A. Clapp Horn Company, The, 
F. B. Washburn and Co. Corporation, 
F. C. von Der Heide Company, The. 
F. J. Barber Manufacturing Company, 
F. P. Norton Cigar Company, 
F. R. Smith Co., 

F, W. Gregory & Company, Incorporated, 
Fairchild Paper Company, 
Fairfield Paper Company, 

Fall River and Providence Street Railway Company, 
Fall River Bleachery, 
Fall River Burial Company, 
Fall River Ice Company, 
Fall River Merino Company, 



128 Acts, 1904 — Chap. 177. 

dusoi'vea''"^ Family Co-operative Grocery Company, The, 

Farnumsville Grocery and Provision Company (In- 
corporated), 

Father Mathew Total Abstinence and Benevolent So- 
ciety of Fall liiver, The, 

Fayette Shaw Leather Company, 

Fiedler Silk Manufacturing Company, 

Fitield Tool Company, 

Finlay Paper Company, 

Firemen's Fire Insurance Company, 

Fitchburg- Worsted Company, 

Flint-Hazzard Company, 

Florence Machine Company, 

Flower Medical Company of Massachusetts, The, 

Floyd Rounds & Co. Corporation, 

Foote-Nodine Company, The, 

Ford Bit Company, The, 

Forehand Arms Company, 

Forest Grove Company, 

Fosslitch Leather Company, 

Foundry Supply Company, The, 

Fowler Automatic Draft Regulator and Ventilator 
Company, 

Foxboro' Foundry and Machine Company, 

Foxboro' Manufacturing Company, 

Framingham Brass Manufacturing Company, The, 

Framingham Nursery Company, 

Framingham Rattan Company, The, 

Frank E. Sargent Company, The, 

Frank Keene Company, 

Frank M. Porter Company, 

Freeman Manufacturing Company, 

Frick Piano Case Co., 

G. D. Dows & Company, Incorporated, 

G. F. Jones Company, 

G. K. Baird Paper Company, 

G. W. H. Litchfield Company, 

Gale Lumber Company, 

Gallagher Express Company, 

Gazette Company, The, 

Geb Attachment Company, 

General Construction Company, 

General Typing Machine Co., 

George C. Davis Company, 

George E. Keith Company, 



Acts, 1904. — Chap. 177. 129 

Geo. F. Quigley Company, di3ved.''"' 

George H. Corbett Company, 

George H. Poor Leather Company, 

Geo. H. Underhill Company, The, 

George N. Xcwhall Company, 

Geo. X. Seaman Comi)any, The, 

George P. Staples and Compan3^ Incorporated, 

George W. Prouty Company, The, 

Gilbert Corset Company, 

Gleaner Brush Company, The, 

Glencoe Granite Company, 

Globe Foundry Company, The, 

Globe Worsted ]Mills, 

Globe Yarn Mills, 

Gloucester Fish Company, 

Gloucester Tow Boat Company, The, 

Granite Shoe Company, 

Grant-Sanger Confectionery Company, The, 

Graphic Publishing Company, The, 

Great Barrington Gas Light Company, The, 

Greyhound Bicycle Manufacturing Company, 

Grey lock Park Association, 

Griffith, Axtell and Cady Company, 

Grip Machinery Company, 

Groton Co(")perative Creamery, The, 

Grove Hall Hardware Company, 

Guptill Company, The, 

H. A. Davis Company, The, 

H. A. Pemberton Leather Company, 

H. A. Williams Manufacturing Company, 

H. J. Blodgett Company, Incorporated, 

H. M. Kichardson Carriage Company, The, 

H. M. White Company, 

H. O. Sprague & Son Company, The, 

H. W. Downs Company, 

H. AY. Durgin Company, The, 

Hadley Paper Company, 

Halford Sauce Company, 

Hallet and Davis Piano Manufacturing Company, The, 

Hamilton Dry Goods Company, 

Hamilton Separator Company, The, 

Hampden Automatic Telephone Company, 

Hampden Co-operative Association, 

Hampden Emery and Corundum Company, 

Hampden Trap Rock Company, 



130 Acts, 1904:. — Chap. 177. 

dSved°°' Hampden Watch Company, 

Hampden Woolen Co., 
Hanover Water Company, 
Harcourt Paper Box Company, 
Harding-Tajdor Co., The, 
Hardy Company, 
Harvard Brass Company, 
Harvard Stamping and Plating Company,. 
Harwood Mauutacturiug Company, 
Hatch-Wall Flashing Company, The, 
Hatfield Graduator Company, 
Havenner & Davis, Incorporated, 
Haverhill Hat Company, 
Haverhill Iron Works, 
Haverhill Roller Toboggan Company, 
Haydenville Manufacturing Company, 
Hay ward Company, The, 
Healy and Lovell Company, 
Heath Co-operative Creamery Association,. 
Heath Drug Company, 
Henry C. King Company, 
Henry C. Weeden Company, 
Hercules Foundry Company, 
Herdic Phaeton Company, 
Hermon Street Foundry Company, 
Highland Mills, 
Hingham Cordage Company, 
Hodges Mansur Co. , 
Holbrook Shoe Company, The, 
Holliston Manufacturing Company, The, 
HoUiston Shoe Company, 
Holyoke Dry Goods Company, 
Holyoke Newspaper Publishing Company, The,. 
Holyoke Paper Company, 
Holyoke Steam and Gas Pipe Company, The, 
Home Telephone and Telegraph Company, The,, 
Hood Bros. Company, 
Hoosac Electric Power Company, 
Hopedale Elastic Goods Company', 
Hopedale INIachine Company, 
Hopedale Machine Screw Company, 
Hopkinton Lithia Spring Water Company, The,. 
Horace Partridge Company, The, 
Horton Manufecturing Company, The, 
Housatonic Water Company, 



Acts, 19(U. — Chap. 177. 131 

House Furnishinir Co-operative Company, The, dissolved.""^ 

Household Novelty Manutacturiiiu: Comi)auy, 

Howard and Emerson Theatrical Company, 

Howard Lillie and Company, Incorporated, 

Howard Platts and Paine Company, 

Howe and Pollard Company, 

Howe Lumber Company, The, 

Howland Mills Corporation, 

Hoxie Mineral Soap Corporation, 

Hub Express Company, The, 

Hudson Kiver and Berkshire liailroad Company, 

Hunt ^Manufacturing Company, 

Hunt's Life Saving Gun Company, 

Hurlbut Stationery Company, 

Hutchins Machine Company, 

Hutchinson & Smith Company, 

Hyde Park Cooperative Association, The, 

H}draulic Manufacturing Company, 

Hygeia Ice and Cold Storage Company of North 

Adams, 
Hygeian Ice and Cold Storage Company, 
Hygienic Closet Company, 
Ice, Bait and Fish Company, The, 
Imperial Metal Card Company, 
Ingalls Boot and Shoe Corporation, The, 
Instant Freezer Company, The, 
International Copper Syndicate Company, The, 
International Publishing Company, The, 
Interstate Law Company, 
Ionic Knitting Company, The, 
Iowa Light, Heat & Power Company, The, 
Ipswich Building Association, The, 
Ipswich Co-operative Creamery Company, The, 
Isham's Waters of Life Company, 
J. Allston Newhall Company, 
J. B. Parker Machine Company, 

J. Barker and Brothers ]\Ianufacturing Company, The, 
J. E. Peckham Manufacturing Company, The, 
J. E. Wesson Shoe Company, 
J. F. Puffer & Son Company, The, 
J. G. Boutelle Company, 
J. G, Redshaw Company, The, 
J. H. Foss Company, The, 
J. H. Whitney Company, The, 
J. R. Robinson Company, 



132 Acts, 1904. — Chap. 177. 

Ssoived^"" J. Seligman Company, 

J. W. Richardson Shoe Company, The, 
James H. Lamb Company, 
James Skinner Leather Company, 
Jameson and Knowles Company, 
Jamesville Manufacturing Company, 
Jerome W. Doten Company, 
Jewett Lumber Company, 
Jewett Piano Company, 
John B. Babcock Company, 
John D. Mack Machine Company, 
John Dyke Compan}*, 

John E. Brown Manufacturing Company, The, 
John F. Bingham Company, 
John F. Fowkes Manufacturing Company, 
John F. Merrill Company, 
John F. Nickerson Company, 

John H. Armitage Pulley Covering Company, The, 
John P. Lovell Arms Company, 
John P. Squire and Company Corporation, 
John Wales Company, 
Johnson Manufacturing Company, 
Johnson Mercantile Company, The, 
Joseph Wolfson Company, 
Journal Printing Company, The, 
Joyce and Fletcher Company, 

Judson L. Thomson Eiveted Harness Company, The, 
Junction Foundry Company, 
Kaiser Hat and Cap Company, The, 
Katama Land Company, 
Kelly Shoe Company, The, 
Kelsey Manufacturing Company, The, 
King Shoe Company, 

Knights of Labor Co-operative Boot and Shoe Asso- 
ciation, 
Koyukuk Mining and Exploration Company, The, 
L. A. May Company, The, 
L. C. Richardson Company, 
L. H. Beals & Son Company, 
L. H. Huntle}^ Company, 
L. L. Hobbs Company, 
La Rose Car Brake Company, 
La Sociale Manufacturing Company, 
La Society de Pulilications Fran§aises des Etats-Unis, 
Lady Grey Perfumery Company, 



Acts, IDUi. — CiiAr. 177. 133 

LakevioW Prilltinc: ConipanV, Corporations 

T IT-- Afi- ir(- • y-i dissolved. 

Lainl) Ivnittmu- .Maohino Manutactunng Company, 

Lainhoth H()})0 Company, 

Lanison Show Case Company, The, 

Lancaster Slate Company, 

Landlords' Exchange and Protective Corporation of the 

United States of America, 
Lanesville Granite Company, 
Lapham Woolen Company, 
Lawrence Flyer & Spindle Works, 
Lawrence Line Company, 
Lawrence Supply Company, 
Le Journal Publishing Company, 
Leach and Grant Company, The, 
Lebanon Pink Granite Co., 
Lee L. Powers Co., 
Leland Filter Company, 
Lend a Hand Publishing Company, 
Leominster Shirt Company, 
Lewis F. Perry & Whitney Company, 
LewMs-Rich Company, 
Lewis-Robinson Company, The, 
Lexington Gas Light Compan}- , 
Lexington Print Works, The, 
Linscott and Patten Cycle Company, 
Lithuanian and Polish Publishing Company, 
Lithuanian Co-operative Tailoring Association, 
Littletield Leather Company, 
Lockfast Hook Company, 
London Harness and Saddle Company, 
Loring and Blake Organ Company, 
Loudy Shoe Company, 
Lovell Arms and Cycle Company, 
Lovett Company, The, 
Lovewell Shoe Company, The, 
Low Art Tile Conipany, The, 
Lowe Grain Company, 
Lowe, Moore & Co., Incorporated, 
Lowell Courier Publishing Company, The, 
Lowell Ice Company, 
Lyman and Kellogg Co., 

Lynn District Messenger and Telegraph Company, The, 
Lynn Express Company, 

Lynn Foundry and Manufacturing Company, The, 
Lynn Lumber Company, 



134 Acts, 1904. — Chap. 177. 

cowauons Lynn News Publishing Company, 

Lynn Pearl Button Co., The, 
Lynn Press Publishing Company, 
M. A. Swift's Sons (Incorporated), 
M. Collins Woolen Manufacturing Company, The, 
M. D. Stebbins Manufacturing Company, 
M. E. Kanaly Company, The, 
M. Strickland, Incorporated, 
Macdonald Printing Company, 
Mack Injector Company, 
Macpherson Company, The, 
Magazine Publishing Co., The, 
Magneso-Calcite Fire Proof Company, 
Maiden Lumber Company, The, 
Maiden Opera House Company, The, 
Maiden Stock Laundry Company, 
Manet Beach Steamboat Company, The, 
Manhattan Construction Company, The, 
Mansfield Baking Company, The, 
Mansfield Cooperative Furnace Company, 
Mansion House Corporation, 
Manufacturers' Gazette Publishing Company, 
Manufacturers Relief Company, The, 
Manufacturers Shoe Company, 
Marblehead Supply Company, 
Marshall Paper Co., 
Marston and Converse Company, 
Marthas Vineyard Railroad Company, 
Mason and Hamlin Company, 
Massachusetts Car Company, 

Massachusetts Chemical and Bacteriological Labora- 
tory, Incorporated, 
Massachusetts Construction Company, The, 
Massachusetts Enameled Brick and Tile Company, 
Massachusetts Engineering Company, 
Massachusetts Fuel Company, 
Massachusetts Investment Company, 
Massachusetts Manufacturing and Electrical Supply 

Company, 
Massachusetts Publishing Company, The, 
Massachusetts Railways Company, 
Massachusetts Steam Wagon Company, 
Massasoit Clothing Company, The, 
Massasoit Knitting Company, 
Mather & Winn Co., 



Acts, 1904. — Chap. 177. . 135 

Mather Launch and Canoe Company, dffived°°^ 

Mattapoisett Wharf Company, 

Maverick Oil Company, 

Mayhew Silk Company, 

^IcCarty, Sheehy and Kendrick Company, 

McLean Shoe Company, 

IMeehanics Building Company, 

Meigs Elevated Railway Construction Company, The, 

INIelrose Hardware Company, The, 

]Mercantile Law Company, The, 

Merrill-James Shoe Company, The, 

Merrimac Wheel and Gear Company, 

Merrimack Woolen Mills Company, The, 

Metallic Goods Company, 

Metalline Shoe Company, The, 

Methuen Hat Compan\% 

Metliyl Dental Company, The, 

Metropolitan Express Company, The, 

Middleborough Co-operative Association, 

Middlesex Coal Company of Somerville, 

Middlesex Ice Company, 

jNliddlesex Leather Company, 

^Middlesex Newspaper Company, 

Milford Moulded Counter Company, 

IMillbury Woolen Mill Company, The, 

Millis Electric Light Company, 

jMitchell Manufacturing Company, The, 

Model Manufacturing Company, The, 

Monarch Carbonating Company, 

Mongeau and ]\Iyron Shoe Company, 

Monroe Carter Company, 

Monroe Meat Company, 

Monson Co-operative Creamery Association, 

Monson Woolen Company, 

Monte Pio Co-operative Association, 

Montello Co-operative Shoe Company, 

Moore Coombs Company, 

Morning Mail Corporation, The, 

Morrell Liquor Cure Company, 

]Morse Manufacturing Company, The, 

Moulton Leather Company, 

Mt. Pleasant Mills Corporation, 

Mudge Shoe Company, 

Munroe Boot & Shoe Co., The, 

Mutual Gas Light Company of West Springfield, The, 



136 Acts, 1904. — CnAr. 177. 

dSve"°°' N- C. Boutelle Furniture Company, 

N. S. Liscomb & Son (Incorporated), 
N. W. Turner Company, 
Nantucket Electric Street Railway Company, 
Nantucket Railroad Company, 
Nathaniel Tufts Meter Company, 
Natick Electric Company, 
Natick Shoe Manufacturing Company, 
National Construction Company, 
National Fireworks Company, 

National Photo Paper and Chemical Company, The, 
National Plaster Company, The, 
National Promoting & Auditing Company, 
National Woolen Mills Company, 
Neal Electric Headlight Company, 
Nemasket Mills, 
Neograph Publishing Company, 
Neverslip Horseshoe Compan} , The, 
New Bedford Cotton Waste Corporation, 
New Bedford Improved Gold Cure Company, Incor- 
porated, The, 
New Bedford JNIanufacturing Company, 
New Bedford Observation Wheel Manufacturing Com- 
pany, 
New Bedford Spinning Company, The, 
New Bedford Steam Coasting Corporation, 
New Bedford Street Transportation Company, 
New England Chair Manufacturing Company, 
New England Clothing Company, 
New England Construction Company, 
New England Electric Company, 
New England Electric Supply Company, 
New England Folding Box Company, 
New England Laundry Company, 
New England Merchandise Company, 
New England Morocco Works, 
New England Navigation Company, 
New England Paint Company, 
New England Pharmacal Company, 
New England Provision and Grocery Company, 
New England Rattan Company, 
New England Shoe Manufacturing Com})any, The, 
New England Supply Company, 
New England Trap Rock Company, The, 
New Nation Publishing Company, The, 



Acts, 1904 — Chap. 177. 137 

New York and Boston Inland Kailroad Company, dSvc-K''"" 

Newburyport and Amesbury Horse Kaih-oad Company, 

Newell Brothers ]Manufaeturing Company, 

News Publishing Company, 

Newton Architectural Wood Works Company, 

Newton ^Machine Company, 

Newton Manutacturing Company, 

Newton Rubber Company, 

Nickell Publishing Company, 

Nipmuc Paper Box Company, 

Nissitisset Hackney Breeding Association, The, 

Nonantum Company, 

Nonantum Worsted Company, 

Norfolk Electric Light and Power Company, 

Norfolk Southern Street Railway Company, 

North Andover Mills, 

North Brooktield Co-operative Creamery Association, 

North Brooktield Electric Co., 

North Dighton Cotton Company, 

North Shore Lumber Company, 

Norwood Electric Company, 

Oak Hill Hotel Co., 

Odd Fellows Hall in the City of Lowell, Proprietors of, 

Old Colony Machine Company, 

Old Corner Drug Store, The, 

" Old Corner" Wall Paper Company, 

Old Spain Co-operative Society, 

O'Neill Shoe Compan}^ 

Orange and Erving Street Railway Company, 

Oriental Coal Oil Company, 

Oriental Cotfee House Company, 

Owen Paper Company, 

Packard and Evans Company, 

Page Catering Company, 

Palace Hall Corporation, 

Palmer Wire Manufacturing Company, 

Paphro D. Pike Company, 

Para Rubber Shoe Company, 

Parcel-Post Corporation, 

Parisian Wrapper ]\lanufacturing Company, 

Park Carriage & Bicycle Company, 

Parker Brothers Company, 

Parker Coal and Wood Company, 

Parker Hat Company, The, 

Parker Sampson & Adams Company, 



138 Acts, 1904. — Chap. 177. 

cwporadons Parinenter Manufacturing Company, The, 

Parsons Paper Company Number Two, 
Paul Askenasy Company, 
Peabody-Whitney Company, 
Pearl Hill Lithia Spring Company, 
Pearson Box and Moulding Company, 
Pearson Cordage Company, 
Peet Valve Company, 

Pemigewassett and Saco Land and Lumber Company, 
Peoples Baggage Transfer Express Company, 
People's Building Association, 
People's Co-operative Association, 
People's Co-operative Shoe Manufacturing Company, 
Peoples Ice Company, 
Peoples Provision Company, 
Peoples Telephone and Telegraph Company, The, 
Peoples Wholesale Grocery Company, 
Perry Laundry Company, 
Phenix Printing Company, 
Phillipston Cooperative Creamery Company, 
Phcenix Brewing Company, 
Phoenix Hall Company, 
Phoenix Manfg. Corporation, The, 
Phoenix Rattan Company, The, 
Pierce and Bushnell Manufticturing Company, 
Pierce Construction Company, 
Pierson Fruit and Produce Company, 
Pigeon Cove Co-operative Paving Company, The, 
Pilgrim Steamboat Company, 
Pioneer Shoe Company, 
Pittstield Coal Company, 
Pittstield Lumber Company, 
Planet Manufacturing Company, 
Pleasant Valley Live Stock Association, The, 
Plymouth County Co-operative Creamery Company, 
Plymouth Foundry Company, 
Plymouth Garment Company, 
Plymouth Shoe Co., 
Plymouth Steamboat Company, 
Plymouth Stove Company, 
Pocasset Hat Company, 
Point of Pines Company, 
Portsmouth Mill Company, 
Post Printing Company, 
Prang Educational Company, 



Acts, 1904. — Chap. 177. V\9 

Prankor Manufacturinir Company, Corporiuions 

-^ ^ _ „ ■- I J ' dissolved. 

Prescott Insurance Company, 

Preston Manutac'turin<j^ Company, 

Progressive Co-oi)crative Association, 

Prospect Worsted Mills, 

Prout Brothers Granite Company, 

Provincctown Electric Light Company, The, 

Punctiiroid Manufacturing Company, 

Puritan Fire Supjjly Company, 

Pythian Bowling Alley Company, 

Quaboag Steamboat Company, The, 

Queen Hotel Company, The, 

Quincy Cycle Comptmy, 

Quincy Quarry Company, The, 

Quincy Shoe Company, 

Quinsigamond Co-operative Meat Market, 

K. A. Flanders Company, 

R. H. Lono; Shoe Company, 

R. T. Booth Co., 

R. Y. Russell Printing and Paper Box Company, 

Rafter Ripley Company, The, 

Rawson Manufacturing Company, 

Reading Electric Light and Power Company, 

Reading Gas and Electric Company, 

Reading Water Company, 

Record Dry Plate Company, 

Reliable Underwear Company, 

Retailers Clearance Company, 

Revere and Winthrop Gas Company, 

Richard Manufacturing Company, 

Richmond Iron Works, 

Riley-Warring Company, 

Robinson Hilton Company, 

Robinson Printing Company, 

Rocheleau Clothing Company, 

Rockland Cor)perative Associates, The, 

Rockport Gas Company, 

Rogers Osgood Hat Company, 

Rolf Provision and Grocery Company, 

Rollstone Granite and Construction Company, 

Rotch Spinning Corporation, 

Rouillard Reid Company, 

Royal Millinery Company, 

Rubber Footwear Company, The, 

Russell Mills, 



140 Acts, 1904. — Chap. 177. 

S^ved!,^"^ Russell, Snow and Davis Company, 

Rutland Co-operative Creamery Association, The, , 

S-K-C Specialty Company, 

S. W. Fletcher Clothing Co., 

S. Worthinofton Paper Compan}', 

Salem Building Association, The, 

Salem Clothing Company, 

Salem Marine Insurance Company, 

Salem Press Publishing and Printing Company, The, 

Salem Telephone Company, 

Salem AVaste Company, The, 

Sander Musical Instrument Company, The, 

Sanders Building Corporation, The, 

Sanford Spinning Company, 

Savoy Catering Company, The, 

Sawyer Box Company, 

Sawyer, Wal bridge and Briggs Company, 

Scandia Granite Works, 

Scandinavian Cooperative Mercantile Company, The, 

Security Associates, The, 

Seguridad Company, 

Shaw Leather Company, The, 

Shedd & Crane Leather Company, 

Shelburne Falls Co-operative Creamery Association, 

Shelley Manufacturing Company, 

Siasconset Street Railway Company, 

Sigsbee Manufacturing Company, The, 

Silver Grill Cafe Company of Boston, 

Singapore Rattan Company, The, 

Singletary Co-operative Creamery Association, 

Skinner & Scott Wheel Company, 

Slater Engine Company, The, 

Small, Maynard and Company (Incorporated), 

Smith and Gardiner Supply Company, 

Smith & Porter Press, 

Smith <fc Winchester Company, 

Smith-Foster Shoe Company, 

Smith-Hadley Shirt Company, 

Smith McFai-land Co., 

Somerset Shoe Company, 

Somerville Citizen Company, 

Somerville Desk Company, The, 

South Bay Teaming Company, The, 

South Reading Ice Company, The, 

South Sea Cranberry Company, The, 



Acts, 1904. — Chap. 177. 141 

Spaiildinir Brothers Company, The, dSved*'"^ 

Spencer Hotel Cori)oration, 

Spencer Woolen Alills Company, 

Sphinx Company Limited, The, 

Spraijiie & Moore Company, 

Sprairue-Grundstrom Company, 

Spriiiij Lane Press, 

Sprinirtield Coil Boiler Company, 

Spriugtield Coiiperative Association, The, 

Spriugtield Door, Sash & Blind Company, 

Springfield Mountains Cooperative Creamery Associ- 
ation, 

Springfield Narrow Fabric Company, 

Springtield Planing and Moulding Mill Co., 

Springfield AVeaving Company, 

Sprockett Car AVheel Company, 

Spy Publishing Company, 

St. Regis Leather Company, The, 

Standard Book Company, The, 

Standard Brass Company, 

Standard Crockery and House Furnishing Company, 
The, 

Standard Grip Testing Machine Company of New Eng- 
land, 

Standard Measuring Machine Company, 

Standard Rubber Company, 

Standard Worsted Company, The, 

Standard Worsted Company of Lowell, Mass., The, 

Standish Worsted Company, (Old company chartered 
1893.) 

Stanley Electric Manufacturing Company, The, 

Stanley Laboratory Company, The, 

Stanley Manufacturing Company, 

Star Clothing Company, The, 

Star Foundry Company, 

Stephen Dow Company, 

Sterling Emery W^heel Company, 

Stevenson Company, The, 

Stiles and W^inslow Leather Company, 

Stoneham Gas and Electric Company, 

Stonemetz Printers Machinery Company, 

Stoughton and Randolph Street Railway Company, 

Strange Forged Drill and Tool Company, 

Strange Forged Twist Drill Company, 

Stratton Bros. Company, 



U2 Acts, 1904. — Chap. 177. 

^Corporations Studley Instalment Company, 

Subterranean Cable Company of Boston, 

Suburban Telephone Company, 

Sudbury Paper Box and Machine Company, 

Sufiblk Cordage Company, 

Suffolk Engraving Company, 

Sutherland Drug and Medicine Company, 

Swedish Razor Company, 

Sykes, Hodge and Arnold Company, The, 

S^'^monds & Poor Company, 

T. A. Norris Machine Company, The, 

T. B. Bailey Company, The, 

T. G. Newgent Company, 

Taber Art Company, The, 

Taber Organ Company, 

Talft, Gardner, Shepard Company, 

Taunton Theatre Company, 

Thomas B. Adams Company, 

Thomas F. Phillips Company, 

Thomas Manufacturing Company, The, 

Thomas Restieaux Company, The, 

Thompson & Odell Co., 

Thompson Milling Company, 

Thorp and Adams Manufacturing Company, The, 

Thorp and Martin Manufacturing Company, 

Tileston Brothers Shoe Company, 

Town Neck Land and Improvement Company of 

Sandwich, 
Townsend, Pierce & Brooks Co., The, 
Traders Co-operative Union, 
Transcript Publishing Company, The, 
Tremont Publishing Com])any, 
Trench Lamp Company, The, 
Tropical Cocoanut Company, 
Troy Granite Compan^^ 

Turner's Falls Land and Improvement Company, 
Tuttle-Smith Company, The, 
Tuxedo Manufacturing Company, 
Tyler and ]\Ioulton Shoe Company, 
Underbill Warming & Ventilating Company, 
Union Co-operative Coal Company, 
Union Cycle Manufacturing Company, 
Union Fireworks Company, The, 
Union Furniture Company, 
Union Glue Company, The, 



Acts, 1904. — CiiAr. 177. 143 

Union Marine Kail way, dSved^""^ 

Union Publishinir Company of Boston, 

Union Koad-Machinery Company, 

Union Shoe Company, 

Union Stamp Cooperative Society, 

Union Telegrapli & Telephone Company, The, 

Union Ticket liroker Corporation, 

United Cordage Companj^, The, 

United States Automatic Service Company, The, 

United States Cord Company, 

United States Finance Company, 

United States Fireworks Company, 

United States Kegistration Company, 

United States Whip Company, 

V. W. Crowson Waste Co., 

Venezia Fire Proofing Company, The, 

Vernon Worsted Company, The, 

Vikings Coiiperative Store Company, The, 

Villa Paint and Ornamental Company, The, 

Voorhees Electric Company, 

Vulcan Foundry Cooperative Company, 

W^. A. Graham Companv, 

W. B. Witherell Company, The, 

W. C. Packard Furniture and Carpet Company, 

W. E. Howe Company, 

W. E. Rice Company, The, 

W. F. Adams Company, 

W. H. Burbank Company, The, 

W. H. Doble Company, 

W. H. Knox Company, 

W. J. Davis Electric Company, 

W. J. Thompson & Co. Corporation, 

W. M. Colby Company, 

W. O. Taylor Company, The, 

Wachusett Milk Company, 

W^ade and Reed Company, 

Wales Manufacturing Co., The, 

Walkerwood Chemical Company, 

Walnut Publishing Company, 

Walter S. Cushing Company, 

Waltham Lumber Company, 

W'altham Music Hall Company, 

Waltham Tribune Company, 

Ware Street Railway Company, 

Warren-Brower Company, 



lU Acts, 1904. — Chap. 177. 

Corporations Warren Electric Company, 

Warwick Cycle Manufacturing Company, 

Washacum Pottery Company, The, 

Waterman Clothing Company, 

Watertown Machine Company, 

Weeks & Potter Company, 

Weinman Company, The, 

Weinz Manufacturing Company, The, 

Wekepeke Woolen Company, 

Welch Shoe Company, The, 

Wellington Sash Lock Company, 

Wesle}^ B. Churchill Company, 

West Dudley Co-operative Creamery Association, 

West End Supply Company, The, 

West Warren Co-operative Association, 

Westboro' Boot and Shoe Manufacturing Company, 

The, 
Westtield Gas Light Company, 
Westfield Manufacturing Company, 
Westport Wooden Ware Company, 
Weymouth and Braintree Publishing Company, 
Weymouth Shoe Supply Company, The, 
Wheelman Company, The, 
White Oak River Corporation, 
White-Wilbar Shoe Co., 
Whitman Electric Company, 
Whittenton Pearl Works Company, 
Whittier Cotton Mills, 
Whittier Drug Company, 
Whittier Shoe Company, 
Willey Company, 
William Charak Company, 
William E. Livingston Company, 
William F. Carleton Co., The, 
William H. King Sons Company, 
William H. Raymond Grocery Company, 
William J. Dinsmore Corporation, The, 
Wm. Mason Manufiicturing Company, 
William N. Irving Company, 
William T. Gould Company, 
Williams Table and Lumber Company, The, 
Winchester Gas and Electric Light Company, 
Windsor Falls Manufacturing Company, 
Winkley and Maddox Ice Company, The, 
Winnisimmet Gas Company, 



Acts, 1904. — Chap. 177. 145 

Winthrop Gas and Electric Company, The, SeoS""" 

AVitliercU Slioe Company, 

Woburn P^lectric Light Companx , 

Woodin ficwehy Company, The, 

Woodvillc Shoe Company, 

Woodward and Brown Piano Company, 

Worcester and Nashua Telegraph Company, 

Worcester Cholesterine Company, 

Worcester Co-operative Meat Market, 

Worcester Counter Company, 

Worcester Foundry Company, 

W^orcester Gas Radiator Company, 

Worcester Machine Works, 

Worcester Manufacturing Company, 

Worcester INIarble and Granite Company, 

Worcester Heed Chair Company, 

Worcester Sphining Ring Company, 

Worcester Steam Heating Company, 

Worcester Thread Company, 

Wright Wire Cloth Company, 

Wright Wrench Company, The, 

Wrought Iron Casting Company, 

Wyoming Mills. 

Section 2. Nothing in this act shall be construed to Pending suits, 
affect any suits now pending by or against any corporation affected. 
mentioned in the first section of this act, nor any suit now 
pending or hereafter brought for any liability now exist- 
ing against the stockholders or officers thereof, nor to re- 
vive any charter or corporation previously dissolved or 
annulled, nor to make valid any defective organization of 
any of the supposed corporations mentioned in said first 
section. , 

SeCTIOX 3. Suits upon choses in action arising out of Proceedings in 

contracts sold or assigned by any corporation dissolved <iioses in 
by this act may be brought or prosecuted in the name of 
the purchaser or assignee. The fact of sale or assignment 
and of purchase by the plaintiff shall be set forth in the 
writ or other process ; and the defendant may avail himself 
of any matter of defence of which he might have availed 
himself, in a suit upon the claim by such corporation, had 
it not been dissolved by this act. 

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

Approved March 23, 1904. 



action. 



146 



Acts, 1904. — Chap. 178. 



Basis of appor- 
tioument of 
state and 
coimtr taxes. 



erty, 



Chap.ViS ^^ ^^•^"^ '^^ ESTABLISH THE BASIS OF APPORTIONMENT OF STATE AND 

COUNTY TAXES. 

Be it enacted, etc., as folloivs : 

Section 1. The number of polls, the amount of prop- 
ane! the proportion of every one thousand dollars of 
state tax, including polls at one tenth of a mill each, for 
each city and town in the several counties of the Common- 
wealth, as contained in the following schedule, are hereby 
established, and shall constitute a basis of apportionment 
for state and county taxes until another is made and en- 
acted by the general court, to wit : — 



Polls, Pro2)erty and A2)2Jortiomnent of State and County Tax 

of $1,000. 



Barnstable 
county. 



BARNSTABLE COUNTY. 









Tax of $1,000. 








including polls 


TOWNS. 


Polls. 


Property. 


at one tenth 
of a miU each. 


Barnstable, .... 


1,033 


$5,407,775 


$1 65 


Bourne, 






504 


2,742,060 


79 


Brewster, 






216 


579,011 


18 


Chatham, 






552 


1,032,726 


33 


Dennis, . 






616 


1,204,500 


39 


Easthani, 






155 


345,567 


11 


Falmouth, 






950 


8,887,794 


2 48 


Harwich, 






641 


1,186,519 


38 


Mashjjee, 






88 


176,197 


06 


Orleans, 






306 


667,745 


21 


Provincetown, 






1,100 


2,003,115 


65 


Sandwich. 






351 


1,014,359 


31 


Truro, . 






198 


373,524 


12 


Wellfleet, . 






292 


1.023,581 


30 


Yarmouth, . 






481 


2,063,048 


60 


Total, . 






7,483 


$28,707,521 


$8 46 



Berkshire 
county. 



BERKSHIRE COUNTY. 



Adams, 


2,818 


$5,939,677 


$1 88 


Alford, 


92 


171,612 


06 


Becket, 


318 


475.987 


16 


Cheshire, .... 


353 


726,335 


23 



Acts, 1904. — Chap. 178. 



147 



BERKSHIRE COUNTY — Concluded. 



Berkshire 
couuty. 









Tax of $1,000, 








including polls 


TOWNS. 


Polls. 


Property. 


at one tenth 
of a mill each. 


Clarksburg, .... 


299 


$250,776 


$0 10 


Dalton, . 






813 


3.748,229 


1 09 


Egreniout, . 






228 


468,932 


15 


Florida, 






135 


151,200 


05 


Great Barrington, 






1,683 


5,471,623 


1 64 


Hancock, 






114 


291,578 


09 


Hinsdale, 






377 


640,150 


21 


Lanesborough, 






237 


469,157 


15 


Lee, 






1.027 


1,996,096 


64 


Lenox, , 






843 


4,547,227 


1 30 


Monterey, 






126 


244,209 


08 


Mount Washington, 






22 


92,102 


03 


New Ashford, 






39 


54,088 


02 


Xew Marlborough, 






311 


663,954 


18 


North Adams. 






5,657 


15,471,436 


4 72 


Otis, . 






164 


229,347 


08 


Peru, . 






92 


120,960 


04 


Pittsfield, 






6,442 


18,213,606 


5 53 


Richmond, . 






168 


339,748 


11 


Sandisfield, . 






188 


311,018 


10 


Savoy, . 






151 


168,983 


06 


Sheffield, . 






492 


966,891 


31 


Stockbridge, 






506 


3,932,706 


1 11 


Tyringham, . 






104 


237,225 


07 


VVashington, 






99 


269,336 


08 


West Stockbridge, 






294 


414,390 


14 


Williamstown, 






1,027 


2,884,204 


88 


Windsor, 






141 


201,596 


07 


Total. . 






25,360 


$70,064,378 


f21 36 



BRISTOL COUNTY. 



Bristol county. 



Acushnet 


298 


$677,072 


$0 21 


Attleborough, 






3,573 


9,179,918 


2 82 


Berkley, 






243 


437,589 


14 


Dartmouth, 








748 


3,340,642 


97 


Disrhton, 








483 


919,169 


30 


Easton.. 








1,412 


5,662,247 


1 66 


Fairhaven, 








1,090 


3,183,253 


96 


Fall River, 


• 






29,701 


79,959,290 


24 41 


Freetown, 








378 


883,648 


28 


Manslield, 








1,096 


2,160,207 


69 


New Bedford, 






17,934 


67,316,478 


19 85 


North Attleborough, . 


2,202 


4,236,071 


1 36 



148 



Acts, 1904. — Chap. 178. 



Bristol county. 



BRISTOL COUNTY — Concluded. 



TOWNS. 


Polls. 


Tax of $1,000, 

including polls 
Property. ^^ ^^^ ^^^j,^ 

of a mill each. 


Norton, 

Raynham, 

Rehoboth, 

Seekouk, 

Somerset, 

Swansea, 

Taunton, 

Westport, 










489 
432 
453 
445 
623 
526 
8,631 
785 


$991,471 

830,047 

810,918 

1,033,876 

1,136,948 

1,277,405 

23,950,795 

1,728,821 


$0 32 
27 
26 
32 
37 
40 
7 29 
54 


Total, 










71,542 


$209,715,865 


$63 42 



Countj'- of 
Dukes county. 



COUNTY OF DUKES COUNTY. 



Chilmark 


109 


$248,242 


$0 08 


Cottao;e City, 




243 


1,674,910 


47 


Edgartown, . 




379 


954,655 


29 


Gay Head, . 




44 


37,342 


01 


Gosnold, 




40 


241.065 


07 


Tisbury, 




291 


1,102,293 


33 


West Tisbury, 


152 


428,460 


13 


Total, . 




1,258 


$4,686,967 


$1 38 



Essex county. 



ESSEX COUNTY. 



Amesbury, .... 


2,719 


$5,543,266 


$1 76 


Andover, 








1,691 


6,689,317 


1 96 


Beverly, 








3,906 


20,645,421 


5 93 


Boxford, 








220 


1,079,539 


31 


Danvers, 








2,241 


5,569,387 


1 72 


Essex, . 








491 


1,170,613 


36 


Georgetown, 








549 


973,440 


32 


Gloucester, 








8,322 


21,387,591 


6 57 


Groveland, 








643 


1,053,290 


35 


Hamilton, 








379 


3,197,519 


90 


Haverhill, 








11,157 


27,781,767 


8 57 


Ipswich, 








1,160 


4,428,095 


1 30 


Lawrence, 








17,773 


43.985,507 


13 57 


Lynn, . 








22,972 


56,046,713 


17 33 


Lynn field. 








271 


746,118 


23 


Manchester, 








736 


12,489,317 


3 42 


Marblehead, 






2,145 


7,462,286 


2 22 



Acts, 1904. — Chap. 178. 



149 



ESSEX COUNTY — Concluded. 



Essex county. 









Tax of $1,000, 








including polls 


TOWNS. 


Polls. 


I'roperty. 


at one tenth 
of a mill eacti. 


Merrimac 


620 


$1,335,909 


$0 42 


Mefhuen, 






2,136 


5,213,053 


1 61 


Middleton, . 






249 


619,161 


19 


Nahant, 






295 


7,536,334 


2 05 


Newburj-, 






419 


1,299,179 


39 


Xewburvport, 






4,447 


11,552,058 


3 54 


North Andover, 






1,264 


5,667,077 


1 64 


Peabody, 






3,446 


8,540,442 


2 64 


Rock port. 






1,187 


3,072,779 


94 


Rowley, 






393 


769,783 


25 


Salem, . 






10,134 


31,726,350 


9 52 


Salisbury, 






448 


803,231 


26 


Saiigus, 






1,508 


4,259,952 


1 29 


Swampscott, 






1,275 


10,897,853 


3 05 


Topsfield, . 






272 


1,118,907 


33 


Wenham, 






250 


3,794,766 


1 04 


West Newbury, 






486 


1,116,271 


35 


Total, . 






106,204 


$319,572,291 


$96 33 



FRANKLIN COUNTY. 



Franklin 
county. 



Ash field, .... 


280 


$587,0S6 


$0 19 


Bernard ston. 






221 


444,255 


14 


Butkland, 






435 


599,908 


20 


Charlemont, 








308 


373,848 


13 


Colrain. 








468 


655,071 


22 


Conway, 








369 


720,864 


23 


Deerfield, 








712 


1,472,945 


47 


Erving, 








320 


583,601 


19 


Gill, . 








218 


457,043 


14 


Greenfield, 








2,687 


7,307,628 


2 23 


Hawley, 








118 


152,736 


05 


Heath, . 








127 


154,552 


05 


Leverett, 








204 


295,807 


10 


Leyden, 








98 


223,617 


07 


Monroe, 








103 


147,584 


05 


Montague, 








1,809 


3,935,492 


• 1 24 


New Salem, 








204 


314,513 


11 


Northfield, 








444 


1,317,594 


40 


Orange, 








1,699 


3,672,198 


1 16 


Rowe, . 








148 


157,828 


06 


Shelburne, 








421 


959,200 


30 


Shutesburv, 








94 


199,299 


06 


Sunderland, 








276 


477,971 


16 



150 



Acts, 1904. — Chap. 178. 



Franklin 
county. 



FRANKLIN COUNTY — Concluded. 



TOWNS. 


Polls. Property. 

1 


Tax of $1,000, 
including polls 
at one tentli 
of a mill each. 


Warwick, .... 
Wendell, .... 
Whately, .... 


138 
148 
283 


$332,274 
233,672 
449,628 


$0 10 
08 
15 


Total, .... 


12,332 


$26,226,214 


$8 28 



Hampden 
county. 



HAMPDEN COUNTY. 



Agawam, .... 


767 


$1,564,913 


$0 50 


Blandford, . 




. 


204 


455,781 


14 


Brimfield, 






249 


405,520 


13 


Chester, 






377 


637,252 


21 


Chicopee, 






5,169 


10,304,024 


3 28 


East LongmeadoTv 


"■, 




344 


524,790 


18 


Granville, 






231 


397,778 


13 


Hampden, . 






228 


386,364 


13 


Holland, 






34 


77,083 


02 


Holyoke, 






11,631 


43,817,565 


12 91 


Longmeadow, 






230 


1,136,926 


33 


Ludlow, 






804 


2,402,790 


73 


Moiison, 






1,093 


2,087,347 


67 


Montgomery, 






78 


137,029 


04 


Palmer, 






2,047 


3,181,467 


1 06 


Russell, 






173 


548,356 


16 


Southwick, . 






259 


527,916 


17 


Springfield, . 






19,618 


84,926,055 


24 74 


Tolland, 






70 


160,036 


05 


Wales, , 






247 


286,082 


10 


West Springfield, 






2,022 


6,101,972 


1 84 


Westfield, . 






3,533 


9,268,284 


2 84 


Wilbraham, . 






399 


1,046,981 


32 


Total, . 






49,802 


$170,382,311 


$50 68 



Hampshire 
county. 



HAMPSHIRE COUNTY. 



Amherst 


1,317 


$3,761,341 


$1 14 


Belchertown, 


533 


876,796 


29 


Chesterfield, 


172 


296,299 


10 


Cummington, 


217 


303,693 


10 


Easthampton, 


1,465 


3,839,493 


1 18 


Enfield, .... 


284 


917,766 


27 



Acts, 190J:. — Chap. 178. 



151 



IIAMPSrimE COUNTY — Concluded. 



Hampshire 
county. 









Tax of $1,000, 








including polls 


T W K S . 


Polls. 


Property. 


at one tenth 
of a mill each. 


Goshen, .... 


78 


^149,201 


fO 05 


Granl)3% 








207 


500,999 


16 


Greenwich, . 








141 


251,426 


08 


Hadley, 








590 


1,150,710 


37 


Hatfield, 








565 


1,391,099 


43 


Huntington, . 








383 


590,307 


20 


Middletiekl, . 








99 


198,126 


06 


Northampton, 








4,529 


13,435,227 


4 06 


Pelham, 








102 


208,691 


07 


Plainfield, . 








127 


181,129 


06 


Prescott, 








104 


173,713 


06 


South Hadley, 








1,030 


3,016.311 


91 


Southami^ton, 








251 


501,266 


16 


Ware, . 








2,082 


4,813,952 


1 50 


AN'esthampton, 








117 


238,450 


08 


Williamsburg, 








512 


920,392 


30 


AYorthington, 








183 


319,673 


10 


Total, . 








15,088 


$38,036,060 


$11 73 



MIDDLESEX COUNTY. 



Acton 


710 


$1,964,092 


$0 60 


Arlington, 








2,505 


10,308,560 


3 02 


Ashbv, . 








275 


705,258 


22 


Ashland, 








424 


1,014,022 


31 


Ayer, . 








798 


1,695,360 


53 


Bedford, 








285 


1,269,358 


37 


Belmont, 








1,104 


6,278,506 


1 79 


Billerica, 








675 


2,574,887 


76 


Boxborouirh, 








91 


234,389 


07 


Burlinirton, 








176 


585,631 


17 


Cambridge, 








25,749 


110,858,351 


32 31 


Carlisle, 








148 


405,065 


12 


Chelmsford, 








1,229 


3,161,852 


97 


Concord, 








1,441 


6,077,026 


1 77 


Dracut, . 








915 


2,124,587 


66 


Dunstable, 








114 


324,546 


10 


Everett, 








8,009 


21,264,833 


6 50 


Framingham 


» 






3,089 


10,450,611 


3 11 


Groton, . 








538 


3,440,307 


98 


Holliston, 








787 


1,590,766 


51 


Hopkinton, 








802 


1,741,156 


55 


Hudson, 








1,797 


3,501, .36 6 


1 12 


Lexington, .... 


1,309 


6,547,367 


1 87 



Middlesex 
county. 



152 



Acts, 1904. — Chap. 178. 



Middlesex 
county. 



MIDDLESEX 


COUNTY — Concluded. 










Tax of $1,000, 








including polls 


TOWNS. 


Polls. 


Property. 


at one tenth 






of a mill each. 


Lincoln, .... 


320 


$2,783,578 


$0 78 


Littleton, 






361 


1,009,581 


31 


Lowell, 






24,043 


77,699,647 


23 22 


Maiden, 






10,166 


33,087.338 


9 89 


Marlborough, 






4,064 


9,891,203 


3 06 


Maynard, 






1,884 


3,188,900 


1 04 


Medford, 






6,364 


22,169,476 


6 48 


Melrose, 






4,062 


15,827,907 


4 65 


Natick, . 






2,980 


6,511,264 


2 04 


Newton, 






9,613 


71,356,289 


20 10 


North Reading. 






270 


672,.302 


21 


Pepperell, . 






974 


2,281,112 


71 


Reading, 






1,578 


4,870,863 


1 46 


Sherborn, 






292 


863,144 


26 


Shirley, 






445 


952,362 


30 


Somerville, . 






18.381 


58,777,146 


17 60 


Stoneham, . 






2,009 


6,166,724 


1 59 


Stow, . 






303 


823,321 


25 


Sudbury, 






357 


1,268,387 


38 


Tewksbury, . 






719 


1,810,638 


56 


Townsend, . 






650 


1,268,074 


39 


Tyngsborough, 






240 


489,230 


16 


Wakefield, . 






2,815 


8,412,917 


2 64 


Waltham, 






6,950 


23,297,416 


6 94 


Watertown, . 






3,108 


12,921,271 


3 78 


Wayland, 






642 


1,921,710 


58 


Westford, 






681 


2,003,709 


61 


Weston, 






, 576 


6,990,891 


1 93 


Wilmington, 






444 


1,217,316 


37 


Wineh ester, . 






2,060 


10,901,591 


3 13 


Woburn, 






4,077 


11,406,100 


3 47 


Total, . 






163,267 


$699,838,280 

1 


$177 20 



Nantucket 
count}-. 



Nantucket, 
Total, 



NANTUCKET COUNTY. 



863 



863 



$3,670,966 



$3,570,966 



$1 04 



$1 04 



Acts, 1904 — Chap. 178. 



153 



NORFOLK COUNTY. 



Norfolk 
countv. 









Tax of $1,000, 


TOWNS. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Avon, . . . , . 


562 


$915,157 


$0 30 


Bellini>:liam, 






421 


797,829 


26i 


Brain tree, 






1,821 


5,296,060 


1 60 


Brookline, 








6,134 


102,306,308 


28 05 


Canton, 








1,108 


4,231,865 


1 25 


Cohasset, 








636 


7,528,491 


2 08 


Dedham, 








2,138 


11,599,310 


3 33 


Dover, . 








179 


1,147,374 


33 


Foxborough, 








839 


2,043,403 


63 


Franklin, 








1,277 


3,744,312 


1 13 


Hoi brook, 








737 


1,458,819 


47 


Hvde Park, 








3,522 


12,415,331 


3 68 


Medtield, 








494 


1,683,194 


50 


Medway, 








738 


1,436,959 


46 


Millis, . 








276 


718,104 


22 


Milton, . 








1,841 


25,435,822 


7 01 


Needham, 








1,204 


4,291,373 


1 27 


Norfolk, 








283 


623,345 


20 


Norwood, 








1,926 


5,303,614 


1 62 


Quiney, 








8,136 


23,894,528 


7 22 


Randolph, 








1,116 


2,303,589 


73 


Sharon. 








522 


2,089,529 


61 


Stoughton, 








1,618 


3,332,400 


1 06 


Walpole, 








1,068 


3,161,371 


96 


Wellesley, 








1,144 


12,003,903 


3 33 


Westwood, 








295 


2,240,713 


63 


Weymouth, 








3,348 


7,118,489 


2 24 


Wrentham, .... 


779 


1,722,947 


54 


Total, . 








44,162 


$250,844,139 


$71 70 



PLYMOUTH COUNTY. 



Abino^ton, .... 


1,478 


$2,592,248 


$0 84 


Bridgewater, 




1,342 


2,762,046 


88 


Brockton, 






13,737 


32,040,921 


9 97 


Carver, 






253 


1,441,633 


41 


Duxbury, 






574 


1,968,740 


59 


East Bridgewater 






916 


1,843,176 


59 


Halifax, 






i 162 


307,189 


10 


Hanover, 






602 


1,490,334 


46 


Hanson, 






407 


724,638 


24 


Hingham, 






1,204 


5,013,203 


1 47 


Hull, . 






383 


4,384,234 


1 21 


Kingston, .... 


538 


1,703,333 


51 



Plymouth 
county. 



154 



Acts, 1904. — Chap. 178. 



Plymouth 
county. 



PLYMOUTH COUNTY — Concluded. 









Tax of $1,CKX), 








including polls 


TOWNS. 


Polls. 


Property. 


at one tenth 
of a mill each. 


Lakeville, .... 


275 


$652,931 


$0 20 


Marion, 




330 


1,631,346 


47 


Marshfield, . 




504 


1,741,196 


52 


Mattapoisett, 




299 


1,887,634 


54 


Micldleborouo^h, . 




2,027 


4,494,400 


1 41 


Norwell, 




476 


1,285,858 


39 


Pembroke, . 




374 


860,294 


27 


Plymouth, . 




2,865 


9,917,655 


2 95 


Plymi^ton, . 




156 


338,550 


11 


Rochester, . . . 




243 


519,760 


16 


Rockland, 




1,822 


3,395,304 


1 09 


Scitnate, 




750 


3,422,951 


99 


Wareham, . 




992 


3,105,761 


93 


"West Bridgewater, 




511 


1,131,811 


35 


Whitman, 




1,992 


3,882,732 


1 24 


Total, . 


• 


35,212 


$94,539,878 


$28 89 



Suffolk county. 



Boston, . 
Chelsea, 
Revere, 
Winthrop, 

Total, 



SUFFOLK COUNTY. 



178,905 

10,231 

3,398 

1,973 



194,507 



$1,276,393,246 

24,664,023 

11,950,017 

8,72.5,731 



$1,321,733,017 



$360 05 
7 64 
3 54 
2 54 



$373 77 



Worcester 
county. 



WORCESTER COUNTY. 



Ashbnrnham, 
Athol, . 
Auburn, 
Barre, . 
Berlin, . 
Blackstone, 
Bolton, . 
Bo3'lston , 
Brookfield, 
Charlton, 
Clinton, 
Dana, . 
Douglas, 



433 

2,178 

483 

621 

270 

1,525 

240 

355 

696 

754 

3,673 

222 

598 



$1,020,818 
4,498,961 

827,805 
1,557,049 

550,798 
2,550,747 

494,135 

437,008 
1,382,240 
1,325,745 
8,260,249 

374,387 
1,110,395 



$0 32 
1 42 
27 
48 
18 
84 
16 
15 
44 
43 
58 
12 
36 



Acts, 1901. — Chap. 178. 



155 



WORCESTER COUNTY— Concluded. 



Worcester 
county. 









Tax of $1,000, 


TOWNS. 


Polls. 


Property. 


including polls 
at one tenth 
of a mill each. 


Dudley, . . . . 


812 


$1,431,395 


$0 47 


Fitchburix, 








8,790 


26,965,153 


8 11 


Gardner, 








3,598 


6,469,646 


2 10 


Grafton, 








1,203 


2,543,046 


80 


Ilardwick, 








796 


1,685,674 


53 


Harvard, 








330 


1,219,553 


36 


Holden, 








664 


1,436,191 


45 


Hopedale, 








778 


5,U58,162 


1 54 


Ilubbardston 








364 


648, .302 


21 


Lancaster, 








578 


3,812,574 


1 08 


Leicester, 








895 


2,653,405 


80 


Leominster, 








3,972 


9,557,484 


2 96 


Lunenburg, 








323 


959,775 


29 


Mendon, 








273 


629,942 


20 


:\Iilford, 








3,678 


6,317,1.35 


2 06 


Millbury, 








1,215 


2,283,401 


73 


New Braintree, 






155 


419,019 


13 


North Brookfield, 






765 


1,728.240 


54 


Northborough, 






536 


1,374,127 


42 


Northbridge, 






2,218 


4,920,275 


1 54 


Oakham, 






169 


329,895 


11 


Oxford, 








872 


1,722,1.50 


55 


Paxton, 








109 


310,051 


09 


Petersham, 








234 


716,955 


22 


Phillipston, 








115 


287,908 


09 


Princeton, 








303 


914,227 


28 


Rovalston, 








301 


598,375 


19 


Rutland, 








316 


688,310 


22 


Shrewsbury, 






517 


1,361,886 


42 


Southborough, 






479 


1,910,999 


56 


Southbridge, 






2,800 


5,324,110 


1 71 


Spencer, 






1,8.38 


3,990,449 


1 25 


Sterling, 








394 


908,492 


28 


Sturbridge, 








530 


981,333 


32 


Sutton, . 








720 


1,250,890 


41 


Templeton, 








1,171 


1,509,008 


52 


Upton, . 








589 


1,117,288 


36 


Uxbridge, 








1,200 


2,784,031 


87 


Warren, 








1,331 


1,957,283 


66 


Webster, 








2,425 


6,945,6.50 


2 11 


West Boylston, 






530 


721,802 


25 


West Brookfield, 






394 


915,398 


28 


Westborough, 






1,231 


3,057,693 


94 


AVestminster, 






411 


771,1,57 


25 


Winchendon, 






1,645 


2,967,127 


96 


Worcester, . 






35,684 


131,334,238 


38 79 


Total, 








100,299 


$282,279,541 


$85 76 



156 



Acts, 1904. — Chap. 179. 



Recapitulatiou. 



RECAPITULATION. 









Tax of $1,000, 








including polls 


COUNTIES. 


Polls. 


Property. 


at one tenth 
of a mill each. 


Barnstable, .... 


7,483 


$28,707,521 


$8 46 


Berkshire, 










25,360 


70,064,378 


21 36 


Bristol, . 










71,542 


209,715,865 


63 42 


Dukes Count 


V, 








1,258 


4,686.967 


1 38 


Essex, . 










106,204 


319,572,291 


96 33 


Franklin, 










12,332 


26,226,214 


8 28 


Hampden, 










49,802 


170,382,311 


50 68 


Hampshire, 




• 






15,088 


38,036,060 


11 73 


Middlesex, 










163,267 


599,838,280 


177 20 


Nantucket, 










853 


3,570,966 


1 04 


Norfolk, 










44,162 


250,844,139 


71 70 


Plymouth, 










35,212 


94,5^9,878 


28 89 


Suffolk, 










194,.507 


1,321,733,017 


373 77 


Worcester, 










100,299 


282,279,541 


85 76 


Total, 










827,369 


$3,420,197,428 


$1,000 00 



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

Api)roved March 23, 1904. 



Chan 179 Ax Act relative to caucuses held pkepakatory to national 

CONVENTIONS OF POLITICAL PARTIES. 



Be it enacted, etc. , as folloios : 

Section 1. The provisions of law relative to caucuses 
of political parties, except those of chapter four hundred 



Holding of 
caucuses of 
political par- 

toiy to national and fifty-four of the acts of the year nineteen hundred and 
three, shall applj" to caucuses of such parties held for the 
conventions to elect 



choice of delegates 



to conventions to elect delegates to 
national conventions for the nomination of candidates for 
Proviso. president and vice president of the United States : pro- 

vided, that such caucuses shall be held by wards or towns, 
and that in Boston and in cities and towns in which at any 
caucuses preliminary to the last state election the pro- 
visions of sections ninety-nine to one hundred and thirty- 
one, both inclusive, of chapter eleven of the Revised Laws 
were in force, there shall be appointed by the city or town 
committees of the several political parties to serve at such 
caucuses of the respective parties a warden, a clerk, and 
at least five inspectors, and, in wards having more than 



Acts, 1904 — Chaps. 180, 181. 157 

five precincts, such additional inspectors as the city com- 
mittee may determine, such appointments to be made at 
least ten days, and notice thereof to be sent by the sec- 
retary of the committee to the ai)pointees at least seven 
days, before the date on which the caucuses are to be held. 

Section 2. A majority of the caucus officers so ap- caucus om- 
pointed present at a caucus may fill vacancies and elect cies.'Jtc?'^'^' 
additional inspectors as hereinbefore provided. No other 
additional officers shall be appointed. 

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

A2)2^rovecl March 23, 1904. 



Chap.lSO 



Ax Act to authorize the citv of wai.tham to make an addi- 
tional WATEU TOAN. 

Be' it enacted, etc., asfoUoics: 

Section 1. The city of Waltham, for the purposes city of 
specified in chapter three hundred and thirty-seven of the incm'addi™'*^ 
acts of the year eighteen hundred and seventy-two, being tdness!^'^^^^' 
"An Act to supply the town of Waltham with water", 
may from time to time incur indebtedness, in addition to 
the amount already allowed by law, to an amount not ex- 
ceeding one hundred thousand dollars. 

Section 2. The said city at the time of making the paymeutof 
loan hereby authorized shall establish a sinking fund for ^°'"^"" 
the payment of the same, and shall provide for such yearly 
payments thereto as will be sufficient, with the interest 
thereon, to pay the debt at maturity ; or the city may pro- 
vide for the payment of the debt in annual payments to 
1)6 taken from the earnings of the water department, and, 
in case the earnings are not sufficient in any yeav, the de- 
ficiency shall be raised by taxation, and shall be assessed 
in the same manner in which other taxes are assessed, until 
the debt is paid. 

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

Approved March 23, 1904. 



Chap.lSl 



An Act kelative to returns to be made to the tax com- 
missioner. 
Be it enacted, etc., as follows : 

Section ninety-three of chapter twelve of the Revised ^,n^ncied? ^^' 
Laws is hereby amended by inserting after the word " pur- 
poses", in the fourteenth line, the words : — They shall 



158 



Acts, 1904. — Chap. 182. 



Assessors to 
make annual 
return to tax 
commissioner. 



Penalty. 



also, at the same time, return to the tax commissioner the 
names of all foreign corporations which have a usual place 
of business within said city or town, — so as to read as 
follows : — Section 93. Assessors shall annually, on or 
before the first Monday of August, return to the tax com- 
missioner the names of all corporations, except banks of 
issue and deposit, having a capital stock divided into 
shares, chartered by the Commonwealth or organized 
under the general laws for the purposes of business or 
profit and established in their respective cities and towns 
or owning real estate therein, and a statement in detail of 
the works, structures, real estate and machinery owned 
by each of said corporations and situated in such city or 
town, with the value thereof, on the first day of May pre- 
ceding, and the amount at which the same is assessed in 
said city or town for the then current year. They stall 
also, at the same time, return to the tax commissioner the 
amount of taxes laid, or voted to be laid, within said city 
or town, for the then current year, for state, county and 
town purposes. They shall also, at the same time, return 
to the tax commissioner the names of all foreign corpora- 
tions which have a usual place of business within said city 
or town. K the assessors neglect to comply with the 
requirements of this section, each assessor 
shall forfeit one hundred dollars. 

Approved March 26, 1904 



so neo^lecting 



ChCin 182 ^^ ^^^ ^^ CHANGE THE NAME OF THE MANUFACTURERS' TRUST 
COMPANY TO THE COMMONWEALTH TRUST COMPANY, AND TO 
AUTHORIZE IT TO HOLD REAL ESTATE IN THE CITY OF BOSTON. 

Be it enacted, etc., as folloivs: 
Name changed. SECTION 1. The name of the Manufacturers' Trust 
Company, incorporated by chapter two hundred and 
twenty-four of the acts of the year eighteen hundred 
and eighty-seven, as amended by chapter two hundred and 
seventy-one of the acts of the year eighteen hundred 
and eighty-eight, and by chapter four hundred and thirty- 
seven of the acts of the year eighteen hundred and ninet}^- 
nine, is hereby changed to The Commonwealth Trust 
Company, 
ai^/howreaf SECTION 2. The said company is hereby authorized to 
estate. purchase and hold real estate in the city of Boston suital^le 

for the transaction of its business, to an amount not 



Acts, 1904 — Chaps. 183, 184. 159 

exeocding in value fifty per eent of its capital actually 
paid iu. 

Sectiox 3. Section two of chapter four hundred and Repeal, 
thirty-seven of the acts of the year eighteen hundred and 
ninety-nine is hereby repealed. 

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

Approved 3Iarch 26, 1904. 

An Act to PROHUiiT unauthorized performances or ^^^^e- /^7 „^ -i qq 

SENTATIONS OF CERTAIN DRAMATIC AND MUSICAL COMPOSITIONS. 

Be it enacted, etc., as foUoivs : 

Whoever causes to be publicly performed or represented performances 
an unpublished and undedicated dramatic or musical com- ji^nl^of c|rfain 
position without the consent of the proprietor thereof, and dramatic and 

1 ± ± ■' niiisicHl colli- 

Avith knowledge or notice that such dramatic or musical poaitions 
composition is unpublished and undedicated, or whoever, p™ ' ^ ^ • 
beino- in control of a theatre or other public place of 
amusement, licensed or unlicensed, without such consent 
and wdth such knowledge or notice permits a public per- 
formance or representation of such dramatic or musical 
composition in such theatre or place of amusement, or 
whoever without such consent and with such knowledge 
or notice takes part in a public performance or representa- 
tion of such dramatic or musical composition, shall be 
guilty of a misdemeanor, and shall be punished by a fine Penalty. 
not exceeding one hundred dollars or by imprisonment 
for not more than six months, or by both such fine and 
imprisonment. Approved March 29, 1904. 

An Act relatre to the construction of a high school build- rtj^fyj^ -iQA 

ING BY the city OF BROCKTON. "^ 

Be it enacted, etc., cts follows: 

Section 1. Section three of chapter three hundred J^i^l'^^j^l^P' 
and ninety-three of the acts of the year nineteen hundred 
and three is hereljy amended by striking out the words 
" carrying out thew^ork specified in said order and in this 
act", in the first and second lines, and inserting in place 
thereof the words : — procuring funds for the erection of 
the said building, exclusive of furnishings, — by striking 
out the words " one hundred and eighty", in the fifth and 
sixth lines, and inserting in place thereof the w^ords : — 
two hundred, — by striking out the word " tliree ", in the 



160 



Acts, 1904. — Chap. 184. 



1903, 393, § 3, 
amended. 



City treasurer 
may issue 
bonds, notes or 
scrip, etc. 



Brockton High 
School Loan, 
1904. 



Brocliton High 
School Loan, 
190.5. 



tenth, twelfth and twent^^-fourth lines, respectiveh', and 
inserting in place thereof in each instance the word : — 
four, — by striking out the word "May'", wherever it 
occurs in the said section, and inserting in place thereof 
in each instance the word : — February, — by striking out 
the figures " 1903", in the fourteenth line, and inserting 
in place thereof the figures : — 1904, — by striking out the 
figures " 1904 ", in the nineteenth line, and inserting in 
place thereof the figures: — 1905, — by striking out the 
word " four", in the fifteenth, eighteenth, twenty -seventh, 
twenty-eighth and twenty-ninth lines, respectiveh", and 
inserting in place thereof in each instance the word : — 
five, — by striking out the word " eighty ", in the sixteenth 
line, and inserting in place thereof the words : — one 
hundred, — by striking out the word " five ", in the last 
line, and inserting in place thereof the word : — six, — and 
by adding at the end of the said section the words : — The 
said commission is hereby authorized to expend and to 
contract to expend for the erection of the said building, 
exclusive of furnishings, all sums herein authorized to be 
borrowed. All the sums hereby authorized to be borrowed 
are to be borrowed inside the authorized debt limit of the 
city of Brockton, — so as to read as follows : — Section 3. 
For the purpose of procuring funds for the erection of the 
said building, exclusive of furnishings, the city treasurer 
of the said city is hereby authorized and directed, from 
time to time upon the request of the said commission, as 
hereinafter provided, to borrow the sum of two hundred 
thousand dollars, and to issue the bonds, notes or scrip of 
the city to that amount, at the times and in the manner 
The indebtedness to be incurred here- 
hundred and four shall 
not exceed the sum of one hundred thousand dollars ; the 
bonds, notes or scrip issued therefor shall be dated Febru- 
ary first, nineteen hundred and four, and shall be denomi- 
nated on their face, Brockton High School Loan, 1904. 
The indebtedness to be incurred hereunder during the j^ear 
nineteen hundred and five shall not exceed the sum of 
one hundred thousand dollars, and the bonds, notes or 
scrip to be issued therefor shall be dated February first, 
nineteen hundred and five, and shall be denominated on 
their face, Brockton High School Loan, 1905, The securi- 
ties authorized to be issued hereunder shall be signed by 
the mavor and city treasurer, and shall bear interest at a 



following, to wit 

under during the year nineteen 



Acts, 1904. — Chap. 185. 161 

rate not exceeding four per cent per annum, payable senii- 
anuuall}^ The issue of the year ninett^en hundred and loanT^'^*^^* 
four shall be paid in twenty annual proportionate pay- 
ments of not more than live thousand dollars each, and the 
fii'st of said payments shall be made on the first day of 
February in the year nineteen hundred and five. The 
issue of nineteen hundred and five shall be paid in twenty 
annual proportionate payments of not more than five thou- 
sand dollars each, and the first of said payments shall be 
made on the first day of February in the year nineteen 
hundred and six. The said commission is hereby author- Expenditures, 
ized to expend and to contract to expend for the erection 
of the said building, exclusive of furnishings, all sums 
herein authorized to be borrowed. All the sums hereby 
authorized to be borrowed are to be borrowed inside the 
authorized debt limit of the city of Brockton. 

Section 2. So much of the said chapter three hundred Repeal. 
and ninety-three as is inconsistent herewith is hereby 
repealed. 

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

Approved March 29, 1904. 



Chap.lSo 



Ax Act to provide for protecting the water supply of the 

TOWK OF PEABODY. 

Be it enacted, etc., as follows : 

Section 1. The town of Peabody may, with the con- Town of 
sent and approval of the state board of health, given after Lke^oertain^ 
due notice and a hearing, take by purchase or otherwise ^''^"'^^' *^^' 
within five years after the passage of this act, and hold 
any lands, rights of way and easements within the water- 
sheds of Spring pond and Brown's pond, or either of them, 
in the said town, which may be deemed necessary to protect 
and preserve the purity of the water supply of the town. 

Section 2. If any lands, rights or easements are taken Description of 
under authority hereof, otherwise than by pm-chase, the blfrtM^orded? 
said town shall, within sixty days thereafter, cause to be 
recorded in the registry of deeds for the southern district 
of the county of Essex a description thereof sufficient for 
identification, and a statement of the purpose for which 
they Mere taken, signed by the water commissioners of 
the town. Upon the filing of the said description and 
statement the title in fee simple to the lands, rights or 
easements so taken shall vest in the town of Peabody. 



162 

Damages. 



Proviso. 



Acts, 190i. — Chap. 186. 

Section 3. The town of Peabody shall pay all damages 
sustained by any person, corporation or town by the tak- 
ing of land, rights or easements under authority of this 
act ; and if the parties cannot agree upon the amount of the 
same they may be recovered in the manner provided by 
law in the case of land taken for the laying out of high- 
ways : provided, that application therefor is made within 
three years after such taking. 

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

Approved March 29, 1904. 



1899, 342, § 1, 
etc., amended. 



C'/itt7?.186 ^^ ^^'^ '^^ EXTEXD THE TIME FOR FILING PETITIONS FOR DAMAGES 
AND OFFERS OF SURRENDER OF REAL ESTATE UNDER THE ACT Ta 
PROVIDE FOR A METROPOLITAN WATER SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter three hundred and 
forty-two of the acts of the year eighteen hundred and 
ninety-nine, as amended by section one of chapter one 
hundred and eight of the acts of the year nineteen hun- 
dred, and by section one of chapter four hundred and 
ninety-eight of the acts of the year nineteen hundred and 
one, is hereby further amended by striking out the word 
"four", in the seventeenth line, and inserting in place 
thereof the word : — five, — so as to read as follows : — 
Section 1. Petitions under the provisions of section four- 
teen of chapter four hundred and eighty-eight of the acts 
of the year eighteen hundred and ninety-five, or of section 
one of chapter four hundred and forty-five of the acts of 
the year eighteen hundred and ninety-seven, and acts in 
amendment thereof or in addition thereto, for the deter- 
mination of damages for the taking of real estate may be 
filed, as provided by law, within two years after the actual 
taking by right of eminent domain of such real estate or 
of any interest therein, and petitions for the determination 
of damages for the taking of water rights where no land 
is taken in connection with such water rights, and for the 
determination of all other damage provided for in said acts, 
and offers of surrender of real estate provided for in said 
acts, may be filed on or before the first day of July in the 
year nineteen hundred and five. 

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

Approved March 29, 1904. 



Time witliin 
wliich certain 
petitions for 
damages, etc., 
may be tiled 
extended. 



Acts, 190i. — Chaps. 187, 188. 163 



An Act to authokize thk central square society in bridge- nhQ^y 1 QT 

WATER TO CONSOLIDATE WITH THE TRINITARIAN CONGREGA- 
TIONAL CHURCH IN HRIDGEWATER. 

Be it enacted, etc., as follows: 

Section 1. The name of the Trinitarian ConOTeofational N:ime changed, 

~ o etc. 

Church in Bridgewater, incorporated by chapter one hun- 
dred and thirty-four of the acts of the year eighteen 
hundred and tAventy-five, is hereby changed to the Cen- 
tral Square Congregational Church in Bridgewater. The 
said church is hereby authorized to hold real and personal 
propert}' to the amount of one hundred thousand dollars. 

Section 2. The Central Square Societ}^ a religious conveyance of 
society in Bridgewater, incorporated under the general sonatproijerty, 
law, is hereby authorized to convey all its real and per- ^^^' 
sonal property to the Central Square Congregational 
Church in Bridgewater. If the said church shall accept 
the property of the said society all the existing financial 
obligations of the said society shall become the obliga- 
tions of the said church. The said society shall then be 
dissolved, if it shall pass a vote to that effect. 

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

Approved March 29, 1904. 



Chap.lSS 



An Act to authorize the transfer to the park commissioners 
of the city of lowell of all the powers that are now 

vested by law in THE BOARD OF ALDERMEN AND SURVEYORS OF 
HIGHWAYS IN RELATION TO TREES AND SHRUBS. 

Be it enacted, etc., as foliates: 

Section 1. All the powers and authority vested by certain powers 
law at the time of the i)assage of this act in the mayor and v"sto"i'irthe'^ 
board of aldermen and surveyor of highways of the city ^'/^nCT°ot""^' 
of Lowell, in respect to trees and shrubs now or hereafter Loweu. 
planted or growing in the streets, roads, squares, courts, 
parks, public gardens and other public enclosures in said 
city, except trees and shrubs on grounds controlled Ijy the 
Lowell water board, are hereby transferred to and vested 
in the park commissioners of said city, who shall have ex- 
clusive powers to act in respect to setting out, planting, 
care, maintenance, removal, cutting and trimming of such 
trees and shrubs. 

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

Approved March 29, 1904. 



164 



Acts, 1904. — Chaps. 189, 190. 



The Franklin 
H. Bishop 
Bequest Fund 
to be trans- 
ferred to the 
Massachusetts 
School Fund, 
etc. 



(7A«».189 ^^ -'^CT RFXATIVE TO THE FRANKLIN H. BISHOF BEQUEST FUND. 

Be it enacted^ etc., as folloivs : 

Section 1. The treasurer and receiver general is hereby 
authorized to transfer to the Massachusetts School Fund 
the sum of nine thousand four hundred sixty-five dollars 
and twelve cents, together with all accumulations thereof, 
now standing on the books of the treasury department to 
the credit of the Franklin H. Bishop Bequest Fund, said 
principal amount being a bequest.to the Commonwealth by 
Franklin H. Bishop, deceased ; and he is further author- 
ized to sell and convey in behalf of the Commonwealth, 
upon such terms and conditions as he may deem proper, 
all the real estate devised to the Commonwealth by the 
will of the said Bishop, the proceeds of such sale or sales 
to be paid into the Massachusetts School Fund. 

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

Approved March 29, 1904. 



OhcCD 190 -^^ "^^^ MAKING APPROPRIATIONS FOR SUNDRY MISCELLANEOUS EX- 
PENSES AUTHORIZED DURING THE PRESENT YEAR, AND FOR CER- 
TAIN OTHER EXPENSES AUTHORIZED BY LAW. 



Appropria- 
tions. 



Taunton 

insane 

hospital. 



Publication of 
bulletin of 
committee 
hearings. 



Report of 
committee on 
relations 
between 
employer and 
employee. 



Samuel F. 
Coffin. 



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 four, to wit : — 

For certain repairs and improvements at the Taunton 
insane hospital, as authorized by chapter one of the re- 
solves of the present year, a sum not exceeding fifty-three 
thousand dollars. 

For expenses in connection with the publication of the 
bulletin of committee hearings, as authorized by chapter 
two of the resolves of the present year, a sum not exceed- 
ing forty-five hundred dollars. 

For printing the report of the committee on the rela- 
tions between employer and employee, as authorized by 
chapter four of the resolves of the present year, the sum 
of three hundred sixty-eight dollars and twenty-eight 
cents. 

For Samuel F. Coffin, as authorized by chapter five of 



Acts, 1904. — Chap. 190. 1G5 

the resolves of the present year, the sum of two hundred 
dollars. 

For medical examiners' fees, a sum not cxceedin<i: five ]\redicai exam- 
hundred dollars. " iners'fccs. 

For expenses incurred in the construction and repair of ^fro;^^^{^la'' 
roads in the town of ]Mashpee during the year nineteen iMashpee. 
hundred and three, the sum of three hundred dollars. 

For assistance to the town of Truro in maintainino- a Beach Point 
section of its county highway known as Beach Point road, 
a sum not exceeding five hundred dollars. 

For the city of Waltham, for the annual assessment due cuyof 
from the Commonwealth toward maintaining and operat- 
ing a system of sewage disposal at the Massachusetts School 
for the Feeble-minded, as provided in section three of 
chapter eighth-three of the acts of the year eighteen hun- 
dred and ninety-three, the sum of eight hundred twenty 
dollars and eighty-nine cents. 

For the support of Sarah J. Robinson, a prisoner in one sarahj. 
of the jails of Middlesex county, a sum not exceeding four ° ^"^ou. 
hundred dollars. 

For small items of expenditm'e for which no appropria- smaii items of 
tionshave been made, and for cases in which appropriations etc'^" ^^"'^^' 
have been exhausted or have reverted to the Commonwealth 
in previous 3'ears, a sum not exceeding one thousand dol- 
lars, to be expended under the direction of the auditor of 
the Commonwealth. 

For additional clerical assistance in the office of the cierk of house, 
clerk of the house of representatives, a sum not exceed- ciericaT'' 
ing five hundred dollars, as authorized by chapter eighty- assistance. 
seven of the acts of the present year, the same to be in 
addition to any amount heretofore appropriated. 

For clerical assistance for the executive department, as Executive 
authorized by chapter eighty-eight of the acts of the pres- cfmcai"''^*' 
ent year, a sum not exceeding one thousand dollars. assistance. 

For books, maps, statistics, stationery, and incidental mfgs^ners"'"' 
and contingent expenses of the railroad commissioners, expenses, 
as authorized by chapter ninety-six of the acts of the pres- 
ent year, a sum not exceeding fifteen hundred dollars, the 
same to be in addition to any amount heretofore appro- 
priated for the purpose. 

For clerical assistance in the office of the tax commis- T.nx com- 
sioner, as authorized by chapter ninety-nine of the acts of "lerica""' 
the present year, a sum not exceeding twenty-five hun- '"assistance. 
dred dollars, the same to be in addition to the seventeen 



166 



Acts, 1904. — Chap. 190. 



Report of 
joint special 
committee to 
investigate 
compensation 
of state and 
county 
otliclals. 

Revolutionary 
records. 



Boiler 
inspection 
department of 
the district 
police. 



Marv E. 
Hurley. 



Town of 
Medway. 



Expenses of 
committee ou 
relations 
between 
employers and 
employees. 



Henry M. 
Aldrich. 



Executors of 
will of Cynthia 
A. Brewer. 



Preservation 
of war records. 



Med ford 

Manufacturing 

Company. 



Compensating 
owners of 
animals 
killed in 
exterminatina 



thousand dollars appropriated by chapter seventeen of the 
acts of the present year. 

For printing additional copies of the report of the joint 
special committee appointed to investigate the compensa- 
tion of state and county officials, as authorized by chapter 
seven of the resolves of the present year, the sum of fifty- 
seven dollars and ten cents. 

For compiling, indexing and publishing the records of 
Massachusetts soldiers and sailors who served in the revolu- 
tionary war, as authorized by chapter eight of the resolves 
of the present year, a sum not exceeding thirty-seven hun- 
dred dollars. 

For the maintenance and repair of certain apparatus 
used in the boiler inspection department of the district 
police, as authorized by chapter nine of the resolves of the 
present year, a sum not exceeding five hundred dollars. 

For Mary E. Hurley, as authorized by chapter ten of 
the resolves of the present year, the sum of one hundred 
and fifty dollars. 

For the town of Medway, as authorized by chapter 
eleven of the resolves of the present year, the sum of five 
hundred and seventy-fjve dollars. 

For expenses of the committee to consider and report 
on the laws concerning the relations between employers 
and employees, as authorized by chapter twelve of the 
resolves of the present year, a sum not exceeding four 
thousand dollars. 

For Henry M. Aldrich, as authorized by chapter thir- 
teen of the resolves of the present year, the sum of one 
hundred and twenty-five dollars. 

For the executors of the will of Cynthia A. Brewer, as 
authorized by chapter fourteen of the resolves of the pres- 
ent year, the sum of four hundred sixty-eight dollars and 
twenty-six cents. 

For the preservation of the war records in the office of 
the adjutant general, as authorized by chapter fifteen of 
the resolves of the present year, a sum not exceeding five 
hundred dollars. 

For the Medford Manufacturing Company, as author- 
ized by chapter sixteen of the resolves of the present year, 
the sum of forty-nine dollars and fifty-three cents. 

For compensating owners of animals killed in exter- 
minating the foot and mouth disease, as authorized by 
chapter seventeen of the resolves of the present year, a 



Acts, 190J:. — Chap. 191. 167 

sum not oxoeedina" live hundred seventeen dollars and fifty tiie foot ami 

. V" . ,. ,1 11 • i- mouth disease. 

cents, to be paid out ot the unexpended appropriation 
authorized by chapter eio-hty-three of the resolves of the 
year nhieteen hundred and three. 

For AVilnia D. Bent, as authorized by chapter eighteen wiimaD. 
of the resolves of the present year, the sum of one hun- 
dred and fifty dollars. 

For rent of telephones and expenses in connection there- state house 
Avith at the state house, a sum not exceeding three hundred ^^ ^^ ^^^^' 
dollars, the same to be in addition to the six thousand 
dollars appropriated by chapter forty of the acts of the 
present year. 

For certain repairs to the training ship Enterprise, as Training swp 
authorized b}- chapter twenty of the resolves of the pres- ^ "prise. 
ent year, a sum not exceeding fifteen thousand dollars. 

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

Approved March 29, 1904. 



An Act relative to municipal parties in the city of new 

buryport. 



CJicqxldl 



Be it enacted, etc., asfoUoics: 

Sectiox 1 . Any association of legal voters in the city Certain 
of Newburyport which, first, at the preceding city elec- ot'iegai voters 
tion polled for mayor at least three per cent of the whole portTobe'^^" 
vote cast in the city for that office, or, second, which files numJei^iai 
with the citv clerk at least sixty days before the annual paities, etc. 
municipal election a petition to be allowed to place caucus 
nominees on the official ballot, which ])etition is signed by 
a numlier of the registered voters of the city equal to at 
least three per cent of the whole vote polled in the city 
for mayor at the preceding election, shall be deemed a 
municipal party so far as municipal elections in that city 
are concerned, and a political party within the meaning 
of chapter eleven of the Revised Laws and amendments 
thereof, as if the said party had at the preceding annual 
state election polled for governor at least three per cent 
of the whole vote cast in the Commonwealth for that office. 
Voting or taking part in the caucuses of any such munici- 
pal party by any voter shall not aft'ect his right to vote 
or take part in the caucuses of another political party, 
whether national, state or municipal, for any other elec- 
tion : and the having voted or taken part in the caucuses of 
another political party for any previous election, whether 



168 Acts, 1904. — Chaps. 192, 193. 

city, state or national, sliall not aifect his right to vote or 
take part in the caucuses of any such municipal party. 
Section 2. This act shall take effect upon its passage. 

A2J2)roved March 29, 1904. 

ChCip,\Q2 ■^'^ -'^CT TO EXTEND THE TIME FOR FILING PETITIONS FOR THE 
ASSESSMENT OF DAMAGES ARISING FROM THE IMPROVEMENT OF 
WALTER STREET IN THE CITY OF BOSTON. 

Be it enacted, etc. , as follows : 

petui Jus f dr"^^ Section 1. The time within which any person may file 
orcertafn * his petition in the superior court for damages arising from 
ttfe"ciPof° ^^^y taking of land or from any change of grade of streets 
Boston in the relocation and reconstruction of Walter street in the 

West Roxbury district of the city of Boston, made in ac- 
cordance with the provisions of chapter three hundred and 
twenty-tliree of the acts of the year eighteen hundred and 
ninety-one and acts in amendment thereof and in addition 
thereto, is hereby extended to the first day of July in the 
year nineteen hundred and four. But interest shall not 
be reckoned upon damages before the petition is filed. 
Section 2. This act shall take efiect upon its passage. 

Apjjroved March 29, 1904. 

Ohap.liQS ^^ ■^^'^ '^^ INCORPORATE THE OXFORD WATER COMPANY. 

Be it enacted, etc., as follows: 

compfny''*^'" Section 1. Lawrence F. Kilty, Charles H. Willing- 
incorporated, ton, Alfred M. Chaffee, Herbert V. Chaftee, Joseph L. 
Brown, Byron Clark, Leonard E. Thayer, Henry A. 
Larned, James B. Campbell, George E. Chaftee, David N. 
Taft, Harold Parker and Flourith H. Darling, their asso- 
ciates and successors, are hereby made a corporation by 
the name of the Oxford Water Company, for the purpose 
of supplying the toAvn of Oxford and its inhabitants with 
water for the extinguishment of fires and for domestic, 
manufacturing and other proper purposes, 
cemin^waters SECTION 2. Said Corporation, for the purposes afore- 
lands, etc. ' said, may lease, take, or acquire 1)}' purchase or otherwise, 
and hold, as provided in the following section, the waters 
of any pond, brook, spring, existing aqueducts, or any 
stream, within the limits of said town, except the Maanexit 
or French river, and may take water by means of bored, 
driven, artesian or other wells, to be constructed on any land 



Acts, 1904. — Chap. 193. 169 

within tlu' limits of said town, together with any adjacent 
lands which may be necessaiy for the preservation of the 
pnrity of the water, and such land as may be necessary 
for an}' reservoir, stand])ipe or pumping station ; also the 
lands, rights of way and easements necessary for preserv- 
ing and holding said water and for conve^nng the same 
over or under })rivate lands and public or private ways, 
and, on ajiproval of the board of railroad commissioners, 
over and under railroads and railways, if necessary for the 
purposes aforesaid : provided^ that no source of water sup- Proviso. 
ply shall be taken under this act for domestic purposes 
Avithout the advice and approval of the state board of 
health. 

Section 3. Said corporation shall, within sixty days Description 
after taking any lands, rights of way, water rights, water t*J lfe"reco*i'ded, 
sources or easements as aforesaid, other than by purchase, ^*^" 
cause to be recorded in the registry of deeds for the 
AVorcester district of the county of Worcester, a descrip- 
tion and map thereof, sufficiently accurate for identifica- 
tion, with a statement signed by the president and treasurer 
of the corporation of the purpose for which the same were 
taken. The recording shall operate as a taking of the real 
estate and rights and easements therein described. 

Section 4. Said corporation may also, by lease or May acquire 
purchase, acquire for its purposes other sources of water of^vater"*^^^ 
supply and other lands and water power for the purpose ^"i^p'>'' ^^^• 
of operating pumping stations. 

Section 5. Said corporation may, for the purposes Real estate. 
aforesaid, hold real estate not exceeding in value twenty- 
five thousand dollars. Its capital stock shall not exceed capital stock. 
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 capital stock may be author- 
ized by the commissioner of corj^rations, in the manner 
provided in sections thirty and thirty-one of chapter one 
hundred and nine of the Revised Laws. The corporation May issue 
may issue bonds and secure the same by mortgage of its "omiff^^ 
franchise and other property : provided, that the total Proviso. 
amount of such bonds shall not exceed the amount of its 
capital stock actuallv paid in. Such bonds shall be pay- Oxford water 
able at the expiration of periods not exceeding thirty years Loan!*°^ 
from the date of issue, shall bear interest payable semi- 
annualh' at a rate not exceeding five per cent per annum, 
and shall be denominated on the face thereof, Oxford 



170 



Acts, 1904 — Chap. 193. 



Certificate to 
be filed before 
bonds are 
issued, etc. 



Location of 
pipes, etc. 



Damages. 



Distribution 
of water, etc. 



Town of 
Oxford may 
take franchise, 
property, etc. 



Statement of 
receipts and 
expenditures, 



Water Company 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 
reasonably requisite for the purposes for which such cor- 
poration is established. A certificate setting forth the 
decision of the commissioner shall be filed in the office of 
the secretary of the Commonwealth before the bond^ are 
issued, and the proceeds shall be applied to such purposes 
as may be specified in the decision of the commissioner. 

Section (5. The company may construct and maintain 
its main and distributing pipes in and under any public 
ways in said Oxford, first obtaining the direction of the 
selectman as to where the main line of water pipe shall be 
located on any street. The construction and repairs shall 
be so carried on as not to prevent the convenient passage 
of vehicles. 

Section 7. Any person sustaining damage by reason of 
any taking of property or other act done under authority 
of this act may have the damage assessed in the manner 
provided in chapter forty-eight of the Revised Laws. 

Section 8. Said corporation may distribute water in 
the town of Oxford, may make all reasonable regulations 
concerning the use of water, and may fix and collect rates 
to be paid therefor ; may make contracts with the town or 
with any fire district which may hereafter be established 
therein, or with any individual or corporation ; and may 
sui)ply water for the extinguishment of fires, or for any 
other purpose for which water is ordinarily supplied, and 
may estal)lish pul)lic fountains and hydrants and relocate 
and discontinue the same. 

Section 9. The town of Oxford shall have the right 
at any time to take by purchase or by the exercise of the 
right of eminent domain, the franchise, propertv, 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 a sum as will make the net return to 
the stockholders five per cent per annum on the invest- 
ment. If said town shall so take said property it may as 
part payment assume any indebtedness of said corporation 
incurred in the construction or improvement of the prop- 
ert}^ by lawful issue of bonds secured by mortgage. Said 
corporation shall furnish to the town of Oxford, under 



Acts, 11)04. — Chap. 194 171 



oath, an itomized statement of the cost of the water supply t'tc, tobe 
system authorized under this act, together with a copy iiunuaiiy, etc. 
of all contracts made in providino- and constructin<>' said 
system and any extension tliereof, 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, which shall be submitted 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 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 pur- 
pose. And the taking, if by exercise of the right of emi- 
nent domain, shall be by filing in the registry of deeds 
for the Worcester district of the count}^ of Worcester a 
declaration of such taking, which shall include a certified 
copy of the article in the warrant under Avhich 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. This act shall take eflect, so far as the when to take 
said corporation is concerned, upon its acceptance by a ^ 
two thu'ds vote of the voters of the town voting thereon 
by ballot at a town meeting legalh^ called for the purpose. 
K not so accepted when first submitted it may be resub- 
mitted at subsequent towai meetings legally called for that 
purpose : provided, that it shall not be voted upon by the Proviso. 
town more than once in any one year. This act shall 
become null and void unless the corporation is fully or- 
ganized and has begun the work of construction herein 
authorized within three years after the date of the passage 
of the act. 

Sectiox 11. So far as respects the submission of this submission 
act to the said town it shall take eft'ect upon its passage. 

Approved Mai'ch 31, 1904. 

An Act relative to regulations concerning the height and nf^f^j^ 104 

WEIGHT OF MEMBERS OF FIRE DEPARTMENTS. 

"Be it enacted, etc., as foUoics : 

Section 1. No regulations concerning the height or Height and 
weight of persons who shall be eligible to become mem- members 
bers of the fire department in any city or town shall be departments. 
made or enforced except by the city council of such city. 



172 Acts, 1904 — Chaps. 195, 196. 

by the selectmen of such town, or by the board or officer 
having aiithorit}^ to make appointments in the fire depart- 
ment of such city or town. 

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

Ajyproved March 31, 1904. 



Chup.l.Q5 ^^ Act to authorize the city of fall river to borrow money 

FOR PARK PURPOSES BEYOND ITS DEBT LIMIT. 

Be it enacted, etc., as follows : 

Park^oan. SECTION 1. Thc city of Fall Rivcr, for the purpose of 

completing the work of construction begun upon its public 
parks, may incur indebtedness beyond the limit fixed by 
law to an amount not exceeding fifty thousand dollars, and 
may issue bonds, notes or scrip therefor. Such bonds, 
notes or scrip shall be denominated Fall River Park Loan ; 
shall be payable w^ithin such periods, not exceeding ten 
years from the date thereof, and shall bear such rate of 
interest, not exceeding four per cent per annum, as the 

Not to be city council may determine. They shall be issued in ac- 

rGCKODCcl in »/ «/ «/ 

determining cordaucc with the provisious of chapter twenty-seven of 
the Revised Laws and acts in amendment thereof and in 
addition thereto, but shall not be reckoned in determining 
the legal limit of indebtedness of the city. 

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

Approved March 31, 1904. 



debt limit. 



ChcilJ.\^Q> An Act to authorize the city of fall river to incur indebt- 
t;dness for sewer purposes beyond its debt limit. 

Be it enacted, etc., as follows: 

slwe^Loan Section 1. The city of Fall River, for the purpose of 

1904. ' extending its sewer system, may incur indebtedness be- 

yond the limit fixed by law, to an amount not exceeding 
one hundred thousand dollars, and may issue bonds, notes 
or scrip therefor, payable within such periods, not exceed- 
ing thirty years from the date thereof, and bearing such 
rate of interest, not exceeding four per cent per animm, 
as its city council may determine. Such bonds, notes or 
scrip shall bear upon their face the words. Fall River 
Sewer Loan, 1904, and shall be issued in accordance with 
the provisions of chapter twenty-seven of the Revised 
Laws and acts in amendment thereof and in addition 



Acts, 1904. — Chaps. 197, 198. 173 

thoreto, but shall not bo reckoned in detoriiiining the legal j!|.^.ko°,efnQ 
limit of indebtedness of the city. (jetermining 

• 1 11 'i /«• • debt limit. 

bECTiox 2, Ihis act shall take citect upon its passage. 

Approved March 31, 1904. 

An Act to authorize the city of brockton to make ax addi- /^y.^,^ iq^ 

TIONAL water LOAN. ^ 

Be it enacted, etc., asfoUoivs: 

Section 1. The city of Brockton, for the purposes Brockton 
stated in chapter one hundred and twenty-four of the acts '^*^^ °^°" 
of the >'ear eighteen hundred and seyenty-eight, may issue 
from time to time notes, bonds or scrip signed by its 
treasurer and countersigned by its mayor, to be denomi- 
nated on their face, Brockton Water Loan, to an amount 
not exceeding one hundred thousand dollars in addition 
to the amounts heretofore authorized to be issued by the 
town or city of Brockton for the same purposes. Such 
notes, bonds or scrip shall be issued upon the same terms 
and conditions and with the same proyisions as are con- 
tained in said act for the issue of the Brockton water loan 
by the town of Brockton : provided, that the Avhole amount Proviso. 
of notes, bonds or scrip issued by the said town and city 
for the said piu-poses shall not exceed one million and 
twenty thousand dollars. 

Sectiox 2. Such notes, bonds or scrip shall be issued Not to be 

, • 1 1 • • (1 1 reckoned in 

in accordance with the proyisions oi chapter twenty-seyen determining 
of the Reyised Laws and acts in amendment thereof and 
in addition thereto, but the same shall not be reckoned in 
determining the legal limit of indebtedness of the said city. 

Sectiox 3. This act shall take effect imon its accept- when to take 

eifect 

ance by a yote of two thirds of all the members of each 
branch of the cit}' council of said city. 

Approved March 31, 1904. 

An Act relative to the civil service rules and regulations, z^/,^,^ iqo 

Be it enacted, etc. , as follows : 

Sectiox 1. Xo rules shall be made or enforced by the civii service 
civil service commissioners which shall prevent the certifi- regulauons. 
cation for the same oiBce, on at least three separate occa- 
sions, of any person whose name is on any register. But 
in case the said commissioners shall find upon investigation 
that any person who has once or twice so been certified 



174 



Acts, 1904. — Chaps. 199, 200, 201. 



is morally unfit to hold the office or position in question, 
he shall not be entitled to be certified again. 

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

Approved March 31, 1904. 



Assabet 
Institution 
for Savings 
incorporated 



Chan 199 ^^-^ ^^'^ "^^ incorporate the assabet ixstitutiox for savings. 
Be it enacted, etc., as follows : 

Section 1. Clarence J. Bodfish, Abel G. Haynes, 
Charles H. Persons, William R. Hall, Frank U. Rich, 
William B. Case, S. Raymond Kitchin, Frank H. Harri- 
man, John W. Ogden, Orrin S. Fowler, M. Howell Gar- 
field, Alfred T. Haynes, Thomas F. Parker, Bartholomew 
J. Coughlin, James F. Sweeney and Howard A. Wilson, 
their associates and successors, are hereby made a corpo- 
ration by the name of the Assabet Institution for Savings, 
with authority to establish and maintain a savings bank in 
the town of Maynard, with all the powers and privileges 
and subject to all the duties, liabilities and restrictions set 
forth in all general laws now or hereafter in force relating 
to savings banks and institutions for savings. 

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

Approved March 31, 1904. 



Chap.200 



Disposition of 
unclaimed 
dividends, etc., 
of insolvent 

tl'USt 

companies. 



An Act relative to the disposition of unclaimed dividends, 

BOOKS and papers OF INSOLVENT TRUST COMPANIES. 

Be it enacted, etc., as foUotvs : 

Section 1 . The provisions of section fiftj^-six of chap- 
ter one hundred and thirteen of the Revised Laws shall 
apply to and govern receivers in the disposition of un- 
claimed dividends, books and papers of insolvent trust 
companies. 

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

Approved March 31, 1904. 



Char>.201 -^^ act relative to the manner of voting for ward com- 



R. L. 11, § 119, 
amended. 



Be it enacted, etc., as folloics : 

Section 1 . Section one hundred and nineteen of chap- 
ter eleven of the Revised Laws is hereby amended by in- 
serting after the word " for", in the third line, the words : 
— ward committees or for, — so as to read as follows : — 



Acts, 1904 — Chap. 202. 175 

Section 119. A cross [x] marked against a name shall yotefur"''^^ 
constitute a vote for the person so designated. A cross grouim by 
in the circle at the head of an entire group of candidates etc. 
for ward connnittees or for delegates to a convention shall 
count as a vote for each candidate therein. A voter may 
vote for one or more candidates in any such group by 
marking a cross against the name of each such candidate, 
or he may insert another name and mark a cross against 
it. If he votes for more candidates than the number to 
be elected, his vote shall not be counted. 

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

Approved March 31, 1904. 



Chap.202 



An Act to authorize the hudson gas light company and the 
marlborough gas light company to consolidate. 

Be it enacted, etc., as folloios : 

Sectiox 1. The Hudson Gras Light Company is hereby The Hudson 
authorized, upon a vote of its stockholders at a meeting complly^may 
legally called for that purpose, to sell, assign, transfer and pro^plnVto the 
convey its locations, contracts, rights, licenses, privileges, Qag Li'.rh?^'^ 
franchises and other property to the Marlborough Gas Company, etc. 
Light Compan}^ which is hereby authorized, upon a vote 
of its stockholders at a meeting legally called for that pur- 
pose, to purchase the same ; and upon such sale, assign- 
ment, transfer and conveyance the said properties shall be 
held and enjoyed by the said ^Marlborough Gas Light Com- 
pany in as full and complete a manner as the same are now 
held and enjoyed by the said Hudson Gas Light Company. 

Sectiox 2. If the Hudson Gas Light Companv shall May change 
vote to sell and the Marlborough Gas Light Company shall capital stock, 
vote to purchase the said properties, the said Marlborough ^'" 
Gas Light Company shall have authority to change its name 
to the Marlborough-Hudson Gas Company, and shall have 
authority, for the sole purpose of eftecting such purchase 
and transfer, to increase its capital stock by an amount 
equal to the amount of the capital stock of the Hudson Gas 
Light Company now outstanding, and to exchange the 
shares of such increased stock for shares of the ca})ital stock 
of the Hudson Gas Light Company : provided, hoicever. Proviso, 
that the ]\Iarlborough Gas Light Company shall, upon the 
transfer and conveyance to it as above named, assume and 
be responsible for all debts, liabilities and obligations of 
the Hudson Gas Light Company. 



176 



Acts, 1904. — Chap. 203. 



The Hudson 
Gas Light 
Company to 
be dissolved. 



^ock*ot"s°eUing Sectiox 3. The stock of the selhng corporation re- 
corporation. ccived by the purchasing corporation as part of tlie trans- 
action liereby authorized sliall become the property of the 
purcliasing corporation. Such stock shall not be sold, 
assigned, transferred or conveyed in whole or in part by 
the purchasing corporation, but shall be held by it to its 
use ; and whenever all the properties of the Hudson Gas 
Light Compan}^ shall have been transferred to and vested 
in the Marlborough Gas Light Company, and the indebt- 
edness of the Hudson Gas Light Company paid, the Hudson 
Gas Light Company shall be dissolved, in the manner pro- 
vided by law, upon the petition either of the Hudson Gas 
Light Company, the consolidated company, or the board 
of gas and electric light commissioners. 

Section 4. This act shall take eifect upon its passage, 
]mt it shall become void if the said consolidation and union 
shall not have been effected according to the provisions 
hereof on or before the first day of January, nineteen hun- 
dred and five. A2jproved April 2, 1904. 



AVhen to take 
effect, etc. 



ChCW.203 ^^ ^^^ ^^ PROVIDE FOR THE DRAINAGE OF THE LOW LANDS AND 
MEADOWS AROUND CERTAIN GREAT PONDS IN THE COUNTY OF 
DUKES COUNTY. 



The pro- 
prietors of 
low lauds 
and meadows 
around certain 
great ponds in 
the county of 
Dukes County 
may organize, 
etc." 



May choose 
commis- 
sioners, etc. 



Be it enacted, etc., as foUoivs : 

Section 1. The proprietors of low lands and meadows 
around any great pond in the count}" of Dukes County, 
excepting the Edgartown Great pond, or a majority of 
such proprietors in interest, either in value or area, may 
organize and hold meetings in the manner provided in 
chapter one hundred and twenty-three of the Revised 
Laws for organizing and holding meetings by the proprie- 
tors of general fields. Each proprietor shall have the same 
right to vote at such meetings as is provided for proprie- 
tors of general fields in said chapter. 

Section 2. "Whenever the proprietors of low lands and 
meadows around any great pond in the county of Dukes 
County, excepting the Edgartown Great pond, or a ma- 
jority of them organize, as is provided in the preceding 
section, they may choose three commissioners, who shall 
hold ofiice for one year or until their successors are elected 
and qualified, and who shall be sworn to the faithful and 
impartial performance of their duties. They may also 



Acts, 1904 — Chaps. 204, 205. 177 

choose a clerk and collector and such other officers as may 
be necessary or convenit'nt. 

Section o. The connnissioners shall do or cause to be commis- 

1 1 • J.1 1 sioiiers' 

done wliatexer may be necessary to properly dram the low duties, etc. 
lands and meadows around such great pond, and shall 
assess the cost thereof upon all of the proprietors whose 
lands are benefited by such draining, according to the 
area, quality and situation of each person's part thereof, 
and to the benefit that he will derive from such improve- 
ment, and shall submit a written account of their doings 
to said proprietors annually, together mth a full account 
of all receipts and expenditures. 

Section 4. The commissioners shall ffive the collector Collection of 

'■—' tlSSGSSlllGntS 

a warrant to collect and to pay over and account for the etc. 
assessments to such person as they may appoint. In col- 
lecting the assessments the collector shall have the poTvers 
and shall proceed in the manner provided for the collec- 
tion of town taxes. 

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

Apjjroved April 2, 1904. 



diai^."!^^ 



An Act relative to the dissection of the bodies of mur- 
derers. 

Be it enacted, etc., as follows: 

Section four of chapter seventy-seven of the Revised am^nJed^ *' 
Laws is hereby amended by striking out the w^ord ' ' sherifi'", 
in the third line, and inserting in place thereof the w^ords : 

— warden of the state prison , — so as to read as follows : 

— Section 4. Upon conviction of murder in the first de- BocUes of 
gree, the coiui:; may order the body of the convict after maybe^'^^ 
his execution to be dissected. The warden of the state <iissected. 
prison shall in such case deliver it to a professor of anatomy 

or surgery in a medical school established by law in this 
Commonwealth, if so requested ; otherwise, he shall, un- 
less the convict's friends desire it for interment, deliver it 
to ariy surgeon attending to receive it who will undertake 
to dissect it. Ajjproved April 2, 1904. 

As Act to repeal the law authorizing the appointment of a f^l^f^/j^ 20 '^ 

STEWARD AT THE REFORMATORY PRISON FOR WOMEN. 

Be it enacted, etc., as follows : 

Section 1. Section thirty-seven of chapter two hun- r. l. 223, § 37, 
dred and twenty-three of the Revised Laws, authorizing ^^p*^'"*^*^*^- 



178 



Acts, 1904. — Chaps. 206, 207. 



the appointment of a steward at the reformatory prison 
for women, is hereby repealed. 

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

Approved April 2, 1904. 



Chap.206 



R. L. 144, § 4, 
amended. 



Notices in 
cases of 
settlement of 
estates of 
absentees. 



1902, 544, § 20, 
repealed. 



An Act relative to the settlement of estates of absentees. 
Be it enacted, etc., asfolloivs: 

Section 1. Section four of chapter one hundred and 
forty-four of the Revised Laws is hereby amended by 
striking out the word "cause ", in the third line, and in- 
serting in place thereof the word : — order, — and by 
striking out all of said section after the word " Common- 
wealth", in the tenth line, — so as to read as follows : — 
Section 4. The return day of said notice shall be not less 
than thirty nor more than sixty days after its date. The 
court shall order said notice to be published in one or more 
newspapers within the Commonwealth, once in each of 
three successive weeks and to be posted in two or more 
conspicuous places in the city or town in which the ab- 
sentee last resided or was known to have been either tem- 
porarily or permanently and upon each parcel of land 
named in the officer's schedule, and a copy to be mailed 
to the last known address of such absentee. The court 
may order other and further notice to be given within or 
without the Commonwealth. 

Section 2. Section twenty of cliapter five hundred and 
forty-four of the acts of the year nineteen hundred and two, 
which amends section twelve of chapter one hundred and 
forty-four of the Revised Laws, is hereby repealed. 

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

Approved April 2, 1904. 



Chap.207 



1903, 437, § 20, 
amended. 



Meetings of 
stockholders. 



An Act relatfve to the annual meetings of the stockholders 
of corporations. 

Be it enacted, etc. , as follows : 

Section 1. Section twenty of chapter four hundred 
and thirty-seven of the acts of the year nineteen hundred 
and three is hereby amended by striking out the word 
" sixty ", in the fourth line, and inserting in place thereof 
the word : — ninety, — so that the first sentence of the 
section will read as follows : — There shall be an annual 
meeting of the stockholders and the time and place of 



Acts, 1904 — Chaps. 208, 209. 179 

holding it, and the manner of conducting it, sliall be fixed 
by the by-laws ; but it shall be held within ninety daj^s 
after the end of the fiscal yQHV of the corporation. 

Section' 2. This act shall take elfect upon its passage. 

Approved April 2, 1904. 



Chap.208 



An Act kelative to the investments of savings banks and 
institutions fou savings. 

Be it enacted, etc., as follows : 

Section 1 . Sub-division d of clause second of section r. l. 113, § 26, 
twenty-six of chapter one hundred and thirteen of the '^'"^^ ^^' 
Revised Laws is hereby amended by adding to said clause 
the words : — or of any incorporated water district of said 
states whose bonds or notes are a direct obligation on all 
the taxable property of such district, and whose net in- 
debtedness does not exceed thi*ee per cent of such valua- 
tion, — so as to read as follows : — d. In the bonds or investments 
notes of any cit}^ of Maine, New Hampshire, Vermont, bankraul 
Rhode Island or Connecticut, whose net indebtedness does fofsavings. 
not exceed five per cent of the last preceding valuation 
of the property therein for the assessment of taxes ; or 
of any county or town of said states whose net indebted- 
ness does not exceed tliree per cent of such valuation, or 
of any incorporated water district of said states whose 
bonds or notes are a direct obligation on all the taxable 
property of such district, and whose net indebtedness does 
not exceed three per cent of such valuation. 

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

Approved April 7, 1904. 



ChajJ.^m 



An Act to provide for the distribution of certain state doc- 
uments TO LAW LIBRARIES. 

Be it enacted, etc., as follows : 

All incorporated law libraries in Massachusetts shall be certain state 
entitled to receive from the officers of the Commonwealth be distributed 
charged with the distribution of the same, copies of all liijraries. . 
books and documents to which the county law libraries 
are entitled under any general or special law, and one ad- 
ditional copy for each branch library maintained by them. 

Approved April 9, 1904. 



180 Acts, 1904. — Chaps. 210, 211, 212, 213. 



CllClTt 210 "^^ ^^^ ^*^ AUTHORIZE SAVIXGS BANKS TO LOAN UPON NOTES 
SECURED BY BONDS OF CERTAIN STREET RAILWAY COMPANIES, 
AS COLLATERAL. 

jBe it enacted., etc., as folloics : 
Investments Sectiox 1. Saviiiffs banks and institutions for savino^s 

of savings , .,'-'. ii- ^ • -i ^ 

banks and Ilia}' invcst their deposits and the income derived there- 
for savings, from in the note or notes of any citizen of this Common- 
wealth, with a })ledge as collateral, at not more than the 
par value thereof, of the bonds of street railway companies 
in which the savings banks of the Commonwealth are au- 
thorized by law to invest. 

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

Approved April 9, 1904. 

Ch(I7).2W -^^ -^^"^ '^^ REPEAL THE LAW RELATIVE TO THE RECOVERY OF SUMS 
EXPENDED FOR THE SUPPORT OF POOR CONVICTS. 

Be it enacted, etc., as follows : 

§§"^1^36 Section 1. Sections thirty-four, thirty-five, thirty-six 

and 37 ' and thirty-seven of chapter two hundred and twenty-four 

of the Revised Laws, relative to the recovery of sums 

expended for the support of poor convicts, are hereby 

repealed. 

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

Approved April 9, 1904. 



OhaT) 212 ^^ ^^^ RELATIVE TO THE ADMISSION OF MEN TO THE BOSTON 

NORMAL SCHOOL. 

Be it enacted, etc., as folloios : 
Men may be Section 1 . The scliool Committee of the city of Boston 

admitted to the . 111 • 1^ • ^ i .\ . 

Boston normal may admit men to the normal school maintained by that 
city, under such restrictions and subject to such regula- 
tions as the committee may deem advisable. 

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

Approved April 9, 1904. 

ChciT) 213 '^^ "^^^ '^^ AUTHORIZE THE CONSTRUCTION OF A BRIDGE ACROSS 

THE MOUTH OF THE SANTUIT RIVER. 

Be it enacted, etc., as folloios : 
A bridge may Section 1. Cliarlcs L. Giffoid is hereby authorized to 

be constructed i , . • i i i • i i 

across the build, at liis owH expcnsc, a suitable bridsfe or other struc- 

Santuit river. ^ ^ 



Acts, 1904. — CHiU>s. 214, 215. 181 

tare iioross the mouth of the Santuit river in the town of 
Barnstable : prorided, tliat the said strueture shall conform Proviso. 
to a plan submitted to and approved by the board of harbor 
and land commissioners before its construction. 

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

Approved April 9, 1904. 



Chap.2U 



An Act relative to the transfer of officers from jails and 

HOUSES OF correction TO STATE INSTITUTIONS. 

Be it enacted^ etc., as folloivs: 

Sectiox 1. Section ten of chapter two hundred and R. l. 225 §io, 

.,-_,.,_ \ ^ , nil amemled. 

twenty-live 01 the Revised Laws is hereby amended by 
striking out the word " or", in the second and sixth hues, 
by inserting after the word ' ' reformatory ", in the second 
line, the words : — or the temporary industrial camp for 
prisoners, — and by inserting after the word "reforma- 
tory*', in the seventh line, the words : — or the superin- 
tendent of the temporary industrial camp for prisoners, — 
so as to read as follows : — Section 10. An officer in a officers in jails 
jail or house of correction may be transferred to the state correifuon^may 
prison, the Massachusetts reformatory, or the temporary losTate^**^"^'^ 
industrial camp for prisoners as a watchman ; and if the institutions. 
place in which he is employed is not in the classified list 
prepared by the civil service commissioners, they shall 
give him a non-competitive examination as to his fitness, 
upon receipt from the warden of the state prison, the 
superintendent of the Massachusetts reformatory or the 
superintendent of the temporary industrial camp for pris- 
oners of a statement that the appointment of such officer 
is desired and that he possesses particular qualifications 
for the work which wdll be required of him. 

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

Approved April 9, 1904. 

An Act relative to the qualifications op superintendents (JJki^j 215 
of schools. 

Be it enacted, etc., as follows : 

In all superintendency unions in which any part of the Qualifications 
expense of the superintendent is borne by the Common- fo/sin'^erfn-'^'* 
wealth the state board of education shall determine, by schools how 
examination or otherwise, the fiualifications of candidates ^r^JJiy^^^i"^ 
for the position of superintendent of public schools ; and, etc. 



182 



Acts, 1904 — Chaps. 216, 217. 



after the first day of Januaiy in the year nineteen hundred 
and five, no person shall be elected to such position who 
does not hold a certificate of fitness and competency from 
Proviso. said board : jwovided^ however, that this act shall not apply 

to any superintendency union in which one town does not 
receive aid from the Commonwealth for expense of a su- 
perintendent, until the termination of the contract, if any, 
existing between such towns at the time of the passage of 
this act. Approved April 9, 1904. 



Ch(ip.2ilQ ^^ ^C"^ RELATIVE TO THE RELEASE ON PERMIT OF PRISOXERS SEN- 
TENCED TO THE STATE FARM. 



R. L. 85, § 39, 
amended. 



The state 
board of 
charity may 
order return of 
prisoners on 
permits or 
issue further 
permits to be 
at liberty. 



Be it enacted, etc., as follows : 

Section 1. Section thirty-nine of chapter eighty-five 
of the Revised Laws is hereby amended bv adding at the 
end of said section the words : — or, if subsequent to such 
return it shall be deemed advisable hy said board, the 
board may issue to such person further permits to be at 
liberty under the provisions of section thirty-eight, and 
subject to revocation as therein provided, — so as to read 
as follows : — Section 39. Upon the revocation of such 
permit, said board may issue an order for the return of 
the holder thereof to the state farm, which may be served 
by any officer authorized to serve criminal process. Upon 
his return to the state farm, the holder of such permit shall 
be detained for the residue of the term for which he might 
be held under the provisions of section thirty-seven and the 
time between his release on permit and said return shall 
not be considered as any part of said term ; or, if subse- 
quent to such return it shall be deemed advisable by said 
board, the board may issue to such person further permits 
to be at liberty under the provisions of section thirty-eight, 
and subject to revocation as therein provided. 

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

Approved April 9, 1904. 



ChClV.^lll ^^ ^^^ RELATIVE TO THE SALE FOR PURPOSES OF DISTRIBUTION OF 
REAL ESTATE BELONGING TO THE ESTATE OF AN INTESTATE. 



R. L. 146, § 18, 
amended. 



Be it enacted, etc. , as folloivs : 

Section 1. Section eighteen of chapter one hundred 
and forty-six of the Revised Laws is hereby amended by 
striking out the Avords "unless the appraisal shows that 



Acts, lOOi. — Chaps. 218, 219. 183 

it exceeds tit'teeii hundred dollars in value", in the fourth 
and fifth lines, so as to read as Mlows : — ^Section 18. Ifo^cnyot an 
The })robate court may, upon the ])ctition of an adminis- [■"•^^^M^t*"'" 
trator, with the consent of all parties interested or after 
notice, license him to sell the real i)roperty or any undi- 
vided interest therein belonging to the estate of the intes- 
tate in such manner and upon such notice as the court 
orders, for the purpose of distribution ; and the net pro- 
ceeds of such sale, after deducting the expenses thereof 
and such amount as may be required for the payment of 
debts in consequence of a deficienc}^ in the personal prop- 
erty, shall, after two j^ears from the time of the filing of 
the administrator's bond, be distributed to the persons 
who Avould have been entitled to said real property and in 
the proportions to which they would have been entitled 
had it not been sold. 

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

• Approved April 9, 1904. 

Ax Act relative to the trial of female defendants. 
Be it enacted, etc., as foUoivs : 

Sectiox 1. In all trials in police, district and munici- Trial of female 
pal courts, male and female prisoners shall not be placed 
at the same time in the same dock, unless they are com- 
plained of jointl}^ 

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

Approved April 9, 1904. 



Cha2}.21S 



An Act to provide for additional clerical assistance in the nj^f/^^ 219 

probate court for the county of PLYMOUTH. 

Be it enacted, etc., as follows : 

Section twenty-nine of chapter one hundred and sixty- r. l.164, §29, 
four of the Revised Laws is hereby amended by striking ''^™'^"^*^'^- 
out the word " five", in the twentieth line, and inserting 
in place thereof the word : — nine, — so that the part of 
said section relating to the county of Plymouth shall read 
as follows : — Of Plymouth, nine hundred dollars, payable Additional 
by the Commonwealth upon the audit and approval of the Snce?n\?robate 
accounts of the register therefor by the judge of probate of piymouti? 
and insolvency. Approved April 9, 1904. 



18i 



Acts, 190J:. — Chap. 220. 



R. L. 46, § 3, 
etc., ameuded. 



Habitual 
truants, com- 
mitment of, etc. 



(J]iaj)J22iO ^^^ "^*^"^ RELATIVE TO THE COMMITMENT AXD DISCHARGE OF HABIT- 
UAL TRUANTS, ABSENTEES AND SCHOOL OFFENDERS. 

Be it enacted, etc., asfoUoics: 

Section 1. Section three of chapter forty-six of the 
Revised Laws, as amended by section one of chapter three 
hundred and thirt}^ of the acts of the year nineteen hun- 
dred and three, is hereby further amended by striking out 
the words " for not more than two years", in the eighth 
and ninth lines, so as to read as follows : — Section 3. A 
child between seven and fourteen years of age who wil- 
fully and habitually absents himself from school contrary 
to the provisions of section one of chapter forty -four shall 
be deemed to be an habitual truant, and, unless placed on 
probation as provided in section seven of this chapter, 
may, upon complaint by a truant officer and conviction 
thereof, if a boy, be committed to a county truant school, 
and, if a girl, to the state industrial school for girls ; but 
if the girl is under twelve years of age she shall be com- 
mitted to the custody of the state board of charity, if they 
so request, for not more than two years. 

Section 2. Section four of chapter forty-six of the 
Revised Laws, as amended by section two of said chapter 
thi'ee hundred and thirty, is hereby further amended by 
striking out the words ' ' for not more than two years ", in 
the tenth and eleventh lines, so as to read as follows : — 
Section 4. A child between seven and sixteen years of 
age who may be found wandering about in the streets or 
public places of any city or town, having no lawful occu- 
pation, habitually not attending school, and growing up 
in idleness and ignorance, shall be deemed to be an habit- 
ual absentee, and, unless placed on probation as provided 
in section seven, ma}^ upon complaint by a truant officer 
or an}' other person and conviction thereof, if a boy, be com- 
mitted to a count}^ truant school, 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 committed to the custody of the state board of 
charity, if they so request, for not more than two years. 

Section 3. Section live of chapter forty-six of the Re- 
vised Laws, as amended by section three of said chapter 
tliree hundred and thirty, is hereby further amended by 
striking out the words ' ' for not more than two years ", in 



R. L. 46, § 4, 
etc., amended. 



Habitual 
absentees, 
commitment 
of, etc. 



R. L. 46, § f>, 
etc., amended. 



Acts, lim. — Chap. 220. 185 

the niuth and tenth lines, so as to read as follows : — Sec- iiabituai 
tion 5. A child under fourteen years of age Avho persist- er8,"(onimit!^' 
ently violates the reasonable regulations of the school which '"^^tof, etc. 
he attends, or otherwise persistently misbehaves therein, 
so as to render himself a fit subject for exclusion there- 
from, shall be deemed to be an habitual school oftender, 
and, unless placed on probation as provided in section 
seven, may, upon complaint by a truant officer and convic- 
tion thereof, if a boy, be committed to a count}^ truant 
school, 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 committed to the 
custody of the state board of charity, if they so recjuest, 
for not more than two j^ears. 

Section 4. Section eight of said chapter forty-six is r. l. 4(i, § s, 
hereb}^ amended by inserting after the word " school", '""^'^*^^'*- 
where that word first occurs in the twenty-ninth line, the 
words : — A child who has been committed to a county 
truant school, whether he be confined at the county truant 
school or on parole as provided in this section, shall be 
discharged from the custody and care of such school upon 
his becoming sixteen years of age, — so as to read as fol- 
lows : — Section 8. County commissioners, if they think nf^en'^^Jia'-^'^'^* 
it will be for the best interest of any. child who has been be issued lu 
committed to a county truant school under their control, etc. 
after notice and an opportunity to be heard has been given 
to the superintendent of schools or, if there is no superin- 
tendent, to the school committee of the city or town from 
which such child was committed to said school, may permit 
him to be at liberty upon such conditions as said commis- 
sioners may deem best ; or, with the approval of the court 
which imposed the sentence, they may discharge him from 
said school ; and upon such parole or discharge they shall 
make an entry upon their records of the name of such 
child, the date of parole or discharge and the reason there- 
for ; and a copy of such record shall be transmitted to the 
court or magistrate by whom such child was committed 
and to the school committee of the city or town from which 
he was committed. If such child, in the opinion of said Parole may be 

.1 1 . . r. 1 . 1 revoked, etc. 

commissioners, violates the conditions of his parole at any 
time previous to the expiration of the term for which he 
was committed to said school, such parole may be revoked. 
If a superintendent of schools or a school committee fur- 
nishes evidence satisfactory to said commissioners of the 



186 Acts, 1901. — Chaps. 221, 222. 

violation by a child of the conditions of his parole, said 
commissioners shall revoke such parole, and ma}- there- 
upon issue an order du'ected to the truant or police officers 
of any city or town to aiTcst such child wherever found 
and return him to said school. Such officer shall arrest 
such child and return him to said school, where he shall 
be held, subject to the provisions of this chapter, for the 
residue of the term of the original sentence. The expense 
of such arrest and return, so far as approved by the com- 
missioners, shall be paid bj^ the county or counties main- 
obarge*d at the Gaining Said school. A child who has been committed 
age of sixteen Iq ^ county truant school, whether he be confined at the 

years. '^ ' 

county truant school or on parole as provided in this sec- 
tion, shall be discharged from the custody and care of such 
Keieasesfrom scliool uDon Ms bccomino; sixteen years of age. Releases 

"DfircDtiil scliool *■— tJ O 

of Boston. from the parental school of the city of Boston shall be 
governed by the provisions of chapter five hundred and 
fourteen of the acts of the year eighteen hundred and 
ninety-six, and shall be made b}' the trustees for children 
who shall have and exercise the powers given by said 
chapter to the institutions commissioner of said city. 
Section 5. This act shall take eifect upon its passage. 

Approved April 9, 1904. 

CJiaV 221 ^^ -^^"^ '^^ AUTHORIZE THE WENTWORTH INSTITUTE TO HOLD REAL 

AND PERSONAL ESTATE. 

Be it enacted, etc., as folloios : 
The Went- SECTION 1. The Wcutworth Institute is hereby author- 

worth Institute . iin/.i n i-i--- 

may hold real ized to hold, for the purposcs tor which it IS incorporated, 
estate. ' real and personal estate to an amount not exceeding five 
million dollars in value, including the amount which it is 
already authorized by law to hold. 

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

Approved April 9, 1904. 

GllClJ).'2i^'2i ^^ -^^^ ^^ FURTHER ADDITION TO THE ACT MAKING APPROPRIATIONS 
FOR DEFICIENCIES IN APPROPRIATIONS FOR SUNDRY EXPENSES 
AUTHORIZED IN THE YEAR NINETEEN HUNDRED AND THREE. 

Be it enacted, etc., as folloios: 

tions™^^"'^" Section 1. The sums hereinafter mentioned are appro- 

priated, to be paid out of the treasury of tlie Commonwealth 
from the ordinary revenue, for certain expenses in excess 



Acts, IIHU. — Chaps. 223, 22i, 225. 187 

of the Jipiu'opriations therefor in the year nineteen hundred 
and three, to wit : — 

For transportation and medical examination of state Trausporta- 
pau}iers under the charge of the state board of insanity, state paupers, 
the sum of twehe hundred, and one dollars, which shall be 
paid from the ap])ropriation for the present year. 

For compensation of officers and men of the volunteer Miiitia 
militia, the sum of three thousand forty dollars and ^'o^P^'^sation. 
seventy-six cents, which shall be paid from the appropria- 
tion for the })resent year. 

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

Ajiproved April 9, 1904. 

An Act relative to the taking of black bass. Char) 228 

Be it enacted, etc., as folloivs: 

Section 1. Section sixty-nine of chapter ninety-one r.l. 91, §69, 
of the Revised Laws, relative to the taking of black bass, ^'^^^'^ ^ 
is hereby repealed. 

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

Approved April 9, 1904. 

Ax Act relative to the imprisoxmext of womex sentenced Cljin^^ 994 
to hard labor. 

Be it enacted, etc., as follows : 

Section sixteen of chapter two hundred and twenty of ^;-^^;2^'^ ^ ^^' 
the Revised Laws is hereby amended by striking out all 
after the word " orders", in the third line, so as to read 
as follows: — Section 16. A sentence of a female con- imprisonment 
vict of whatever age to confinement at hard labor shall be tenceci to hard 
executed in the jail, house of correction or reformatory ^'^'^^^' 
prison for women as the court orders. 

Approved April 11, 1904. 

An Act to authorize the town of uxbridge to increase its Hh^.y-. 90ft 
water supply. 

Be it enacted, etc., as folloics : 

Section 1. The town of Uxbridge, for the purpose of uxbruigemay 
increasing its water supply by means of driyen, artesian take certain 
or other wells, and by the construction and maintenance etc. 
of filter beds, reseiwoirs and other works or structures, 
may take from time to time, by purchase or otherwise, and 



188 



Acts, 1904 — Chap. 225. 



Proviso. 



May erect 
structures, lay 
pipes, etc. 



hold, any land within the limits of said town, together 
with any water or water rights therein, and, also, all lands, 
rights of wa}^ and easements necessary for procuring, hold- 
ing, protecting and distributing said water, and for any 
other purpose connected with the maintenance of said 
water supply : provided, that no source of water supply 
for domestic purposes and no lands necessary for preserv- 
ing the (|uality of such water shall be taken without first 
obtaining the advice and approval of the state board of 
health. 

Section 2. Said town may erect on the lands taken 
or held under authority of this act such wells, galleries, 
dams, fixtures, reservoirs and other structures as it may 
deem proper, and may make such excavations and procure 
and operate such machinery and do such other things as 
may be necessary for providing and maintaining effective 
water works ; and for that purpose may lay and maintain 
aqueducts, conduits, pipes and other works under and over 
any lands or ways within said territorj^, and under or along 
any ways in said town, in such manner as shall not un- 
necessarily obstruct the same. 
Description of SECTION 3. Said town shall within ninety days after 
the taking of any lands, rights of ways, 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 AVorcester district of the county of Worcester a 
description thereof sufiiciently accurate for identification, 
with a statement of the purpose for which the same were 
taken, signed by the selectmen of said town. 

Section 4. Said town shall pay all damages to prop- 
erty sustained by any person or corporation by the taking 
of an}^ land, right of way, water, water. source, water right 
or easement, or by any other thing done by said town under 
authority of this act. Any person or corporation entitled 
to damages under this act, who fails to agree with said 
town as to the amount thereof, may have the same assessed 
and determined in the manner provided by law in the case 
of land taken for the laying out of highways, by making 
application at any time Avithin one year after the taking 
of such land or other property, or the doing of any other 
injury under authority of this act ; but no application 
shall be made after the expiration of said one year. No 
application for assessment of damages shall be made for 
the taking of any water or water rights, or any injury 



lands, etc 
be recorded 



to 



Damages. 



Acts, 1904. — Chap. 226. 189 

thereto, until the water is aotuiilly AvithdraAvn or diverted 
by said town under authority of this act. 

Section 5. The town of Uxbridge, for the purposes uxbridge 
mentioned in this act, may borrow money from time to time Act of mT' 
and issue therefor negotiable bonds, notes or scrip to an 
amount not exceeding the sum of fifty thousand dollars. 
Such bt)nds, notes or scrij) shall be signed by the treasurer 
of the town and countersigned by the chairman of the 
selectmen, and shall be denominated on the face thereof, 
Uxbridge Water Loan, Act of 1904. They shall be pay- 
able at the expiration of })eriods not exceeding thirty years 
from the dates of issue, and shall bear such rate of inter- 
est, not exceeding four per cent per annum, as the town 
may determine. The town may sell such securities at 
public or private sale, or pledge the same for not less than 
the par \alue thereof for mone}^ borrowed for the puri)oses 
aforesaid, upon such terms and conditions as it may deem 
proper, and shall make payable annually a fixed proportion 
of the principal of such bonds, notes or scrip; and the Town to raise 
toAvn shall raise annually 1)y taxation the amount required by ta'xation'" 
to meet the interest and the proportion of the principal annually. 
which is payable annually. 

Section 6. This act shall take efi'ect upon its passage. 

Aj)proved April 11, 1904. 



Chap.22Q 



An Act kelatre to parades ix public with imitation firearms. 
Be it enacted, etc., as folloics : 

Section 1. Section one hundred and forty-seven of R.l-i6,§u7 

. - - amenaea. 

chapter sixteen of the Revised Laws is hereby amended 
by striking out the words " under eighteen years of age ", 
in the eighteenth line, so as to read as follows : — Section Drilling, etc, 
147. No body of men, except the volunteer militia, the fiedassocfa- 
troops of the United States and the Ancient and Ilonora- fl^jfrms"' 
ble Artillery Company of Boston, shall maintain an armory prohibited. 
or associate together at any time as a company or organi- 
zation, for drill or parade with firearms ; nor so drill or 
parade ; nor shall any city or town raise or appropriate 
money toward arming, eciuipping, uniforming, supporting, 
or providing drill rooms or armories for any such body 
of men : provided, that associations wholly composed of Proviso, 
soldiers honorably discharged from the service of the 
L'nited States may parade in public with arms, upon the 
reception of any regiments or companies of soldiers re- 



190 Acts, 1904.— Chap. 227. 

turning from said service, and for escort duty at the burial 
of deceased soldiers, with the written permission of the 
mayor and aldermen of the city or selectmen of the town 
in which they desire to parade ; that students in educa- 
tional institutions where military science is a prescribed 
part of the course of instruction may, with the consent of 
the governor, drill and parade with firearms in public, 
under the superintendence of their teacliers, and any body 
of men may, Avith the consent of the governor, drill and 
parade in public with any harmless imitation of firearms 
Color guards which lias been approved by the adjutant general ; that 
posts, etc!, raav rcgularh^ Organized posts of the grand army of the repub- 
fireaimsyetc. lic, and regularly organized camps of the legion of Spanish 
war veterans, may, at any time, parade, in public, their 
color guards of not more than twelve men, armed with 
firearms ; that regularly organized camps of the sons of 
veterans may at any time parade in public their color 
guards of ten men with firearms ; and that any organiza- 
tion heretofore authorized thereto by law may parade with 
sidearms, and any veteran association composed wholly 
of past members of the mihtia of this Commonwealth may 
maintain an armory for the use of the organizations of the 
militia to which its members belonged. 

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

Approved April 11, 1904. 

GllCll)!2.^i Ax Act to authorize the city of boston to regulate the use 

OF SHEET METAL IN OR ON BUILDINGS. 

Be it enacted, etc., as follows : 
1892, 419, § 22 Section 1. Scctiou twcuty-two of chapter four hundred 

etc., amended. . - • i i i n i 

and nineteen oi the acts oi the year eighteen hundred and 
ninety-two, as amended by section two of chapter four 
hundred and tliirteen of the acts of the year eighteen hun- 
dred and ninety-seven, is hereby further amended by in- 
serting after the word "ordinance", in the second line, 
the words : — make requirements for the construction of 
additions, appliances and structures made in whole or in 
part of sheet metal, to be placed in or on buildings in said 
city, and for the placing and removal thereof; and the 
building commissioner of said city shall make such inspec- 
tion of said additions, appliances and structures, and of 
their placing and removal as aforesaid, as is made of the 
parts of plumbing and of the placing and removal of parts 



Acts, 190.t. — Chap. 228. 191 

of plumbing in such buildings; and may by ordinance, — 

so as to read as follows : — ^Section 22. The city council E/ection etc, 

... , , . , . / /• , °^ thirrt class 

ot said city may by ordinance make requirements tor the iniiidingsin 
construction of additions, appliances and structures made 
in whole or in part of sheet metal, to be placed in or on 
building-s in said city, and for the placing and removal 
thereof; and the building commissioner of said city shall 
make such inspection of said additions, appliances and 
structiu'es, and of their placing and removal as aforesaid, 
as is made of the parts of i)lumbing and of the placing and 
removal of parts of plumbing in such buildings ; and may 
by ordinance make such requirements, in addition to those 
contained in this act, as they may deem expedient in re- 
lation to the erection and alteration of third class build- 
ino's outside the buildino- limits. 

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

Approved Aj)ril 12, 1904. 



Chax)22^ 



An Act relative to the maintenance of public ways on ok 
bordering upon land of the worcester insane asylum. 

Be it enacted, etc., as follows : 

Sectiox 1 . The trustees of the Worcester insane asylum Maintenance, 
are hereby authorized to enter into such agi-eements from wij's^on or^^° 
time to time with the proper authorities of the towns of l^po'Jflaul of 
Grafton, Shrewsbury and Westboroug-h, for the care and Worcester 

' . -^ . c ' insane asvlum. 

maintenance of the public ways on or bordering upon the 
land of the Worcester insane asylum within the said towns, 
as they shall deem for the best interests of the Common- 
wealth. In case they contract to maintain and care for 
such ways, or any of them, they are hereby authorized to 
use the horses and vehicles belonging to the Common- 
wealth and under their control for such work, and also the 
gravel upon the land of the Commonwealth under their 
control. 

Sectiox 2. This act shall not be construed to render Liability for 
said trustees, or any of them, or the Commonwealth, liable '''^^"^^'^*'^- 
for an}' accident that may occur on any of said ways. 

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

Approved April 12, 1904. 



in Boston. 



192 Acts, 1904. — Chaps. 229, 230. 



(J]iar)J2i2i^ An Act relative to the laying out and constructing of 

NORTHERN AVENUE AND SLEEPER STREET IN THE CITY OF BOSTON. 

Be it enacted, etc. , as follows : 

^o7Jtrlrtin-of SECTION 1. The release by the Xew England Railroad 
Northern ° Companv and its lessee to the city of Boston of land in- 
Sleeper street cluded within Northern avenue as laid out by chapter three 
hundred and eighty-one of the acts of the year nineteen 
hundred and three, provided to be made by said company 
under section three of said act, shall be without prejudice 
to any claim which said company may have against the 
Commonwealth, to be paid for a part of said land under 
an agreement by the Commonwealth with the New York 
and New England Railroad Company and the Boston and 
Albany Railroad Company, made on the first day of 
August, eighteen hundred and eighty-two ; and the board 
of harbor and land commissioners, with the approval of 
the governor and council, may make an equitable adjust- 
ment of any such claim, and the amount thereof as thus 
adjusted shall be paid out of the Commonwealth's Flats 
Improvement Fund, upon the order of said board. 

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

Approved April 12, 1904. 



C/itt7?.230 -^^ ■^^'^ '^** AUTHORIZE THE METROPOLITAN WATER AND SEWERAGE 
BOARD TO DETERMINE THE LINES AND GRADES OF THE HIGH LEVEL 
METROPOLITAN SEWER ABOVE THE POINT WHERE THE SEWAGE 
OF THE CHARLES RIVER VALLEY IS TO BE RECEUVED. 

Be it enacted, etc., as follows: 

of'wsh fever*' SECTION 1. The metropolitan watcr and scM^cragc board 

metropolitan jg hereby authorized to determine the location, elevation 

and size of the high level metropolitan sewer above the 

point where the sewage from the Charles River valley is 

to be received. 

Treasurer and SECTION 2. To meet the expcnscs of determinino; the 

general to issue said locatlon, as provided in section one, the treasurer and 

scrip or certifi- . -, . ii • t j • • j_-ii ^ 

catee of debt, receiver general is authorized to issue scrip or certincates 
^^^' of debt in the name and on behalf of the Commonwealth, 

and under its seal, to an amount not exceeding seven thou- 
sand dollars in addition to the amounts authorized to be 
issued under the provisions of chapter four hundred and 
twenty-four of the acts of the year eighteen hundred and 



Acts, 1904. — Chap. 231. 193 

ninety-nine, and of chapter three hundred and hfty-six of 
the acts of the year nineteen hundred and three ; and all 
the provisions of said acts shall apply to this additional 
loan. 

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

Approved April 12, 1904. 



Chap.231 



An Act relative to the retirement of commissioned officers 
of the militia. 

Be it enacted, etc., as foUotos : 

Section 1. Section seventy-eio-ht of chapter sixteen of R- 1- 16, § 78, 
the Revised Laws is hereby amended by striking out the 
words " at any time during the war of the rebellion ", in 
the eleventh and twelfth lines, and inserting in place thereof 
the words : — in time of war, — so as to read as follows : — 
Section 78. Brigadier generals at the expiration of their certain com. 
term of office shall be placed on the retired list. "ffiwr^ofthe 

Any connnissioned officer in the militia service who has p/acMupon'^^ 
served as such in the active militia of this Commonwealth tbe retired list. 
for the continuous period of ten years may, upon his own 
application, be placed upon the retired list, with the rank 
held by him at the time of making such application ; but 
an officer who, at the time of making such application, has 
remained in the same gi-ade for the continuous period of 
ten years, or has served as a commissioned oflicer for the 
continuous period of fifteen years, or having served in the 
army or navy of the United States in time of war and having 
been honorably discharged therefrom, has also served as a 
commissioned officer in the militia of this Commonwealth 
for the continuous period of five years, shall be retired 
with rank next in grade above that held by him at the time 
of making such application. 

The commander-in-chief may retire any commissioned 
officer who shall have been ordered by him before a medi- 
cal board consisting of at least three commissioned medical 
officers, if such board report him to be physically unable 
to perform the duties of his office. 

Sectiox 2. Any officer now upon the retired list who Kankofcer- 
has served in the army or navy of the United States in tam officers. 
time of war, shall, at his own request, be given the same 
rank from the date of his retirement which he would have 
if retired after the passage of this act. 



194 



Acts, 1904. — Chaps. 232, 233. 



Names, etc., of 
retired officers 
to he printed. 



Section 3. The names and records of all retired offi- 
cers shall annually be printed in a separate register in order 
of their retired rank, to be appended to the report of the 
adjutant general. 

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

Approved April 12, 1904. 



Taking of fish 
in Hummock 



pond, 
Na 



Char) 232 -^^ ^^^ ^*-* i'^kmit the taking of alewives or herring in hum- 
mock POND IN THE ISLAND OF NANTUCKET. 

Be it enacted, etc., as follotvs : 

Section 1 . The inhabitants of the island of Nantucket 
may take alewives or herring with seines or nets in Hum- 
mock pond, south of the bridge in the said island, from 
the tenth day of March to the thirty-first day of May, in- 
clusive, in each year ; but all fish, other than alewives or 
herrino;, cauofht or taken in such seines or nets shall imme- 
diately be put back in the water whence they were taken. 

Section 2. Any person violating the provisions of this 
act, by failing to put back immediately as aforesaid fish 
other than alewives or herring caught or taken as aforesaid, 
shall be punished by a fine of not less than twenty nor 
more than fifty dollars. 

Section 3. So much of section twenty-six of chapter 
ninety-one of the Revised Laws as is inconsistent herewith 
is hereby repealed. 

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

Approved April 13, 1904. 



Jantucket, 
restricted. 



Penalty. 



Repeal. 



(7/iCiZ).233 "^^ ^^'^ '^^ AUTHORIZE THE BOSTON PROTECTIVE DEPARTMENT TO 

PENSION ITS EMPLOYEES. 



The Boston 
Protective De- 



Be it enacted, etc., as folloivs : 

Section 1. The board of directors of the Boston Pro- 
^ension^Lrtam tcctivc Department, by a majority vote, shall ha^^e author- 
employees, etc. ity to retire and place upon a pension roll any employee 
of the department who is certified in writing by the medi- 
cal officer of the department to be permanently incapaci- 
tated, either mentally or physically, from performing his 
duties as such employee by reason of injuries received in 
the actual performance of duty ; or any employee who has 
performed faithful service in the department for not less 
than twenty consecutive years and who is sixty-five years 
of age or over. In case such permanent incapacity amounts 



Acts, 1904. — Chap. 234. 195 

to total disability the annual pension shall be two thirds 
of the compensation Avhich the pensioner was receiving at 
the time of his retirement, except that a member of the 
call or auxiliary force shall receive two thirds of the com- 
pensation which the men of the regular force were receiving 
at the time of his retirement. The pension of members 
of the regular or of the call force who are retired after 
having served twenty or more years as aforesaid, and after 
reaching the age of sixty-five years, or who are perma- 
nently incapacitated as aforesaid but not totally disabled, 
shall be an amount not exceeding one half of their com- 
pensation at the time of retirement. 

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

Ap2:)rovecl April 13, 1904. 



Cha2?.234: 



An Act relative to the state board of education. 

Be it enacted, etc. , as folloics : 

Section 1. Section two of chapter thirty-nine of the r. L.39, §2, 
Revised Laws is hereby amended by adding at the end ^n^ended. 
thereof the words : — The board may also employ such 
assistants or agents, and may provide such clerical and 
messenger service as may be necessary : provided, that the 
total expense for salaries incurred under this section shall 
not exceed twenty thousand dollars annually, and that the 
allowance for travelling expenses of employees under the 
direction of the board shall not exceed three thousand 
dollars annually. Such agents shall not be pecuniarily 
interested, directly or indirectly, in the publication or sale 
of any text book, school book or article of school supply 
used in the public schools of this Commonwealth, — so as 
to read as follows : — Section 2. The board may appoint |*;^te^*joaKi of 
a secretary, who, under its direction, shall make the education, ap- 
abstract of school returns required by the provisions of 
section seven, shall collect and distribute information re- 
specting the condition and efficiency of the public schools 
and other means of popular education, and the best system 
of studies and the best method of instruction. The board ^V^l^fg^^tc""^ 
may also employ such assistants or agents, and may pro- 
vide such clerical and messenger service as may be neces- 
sary : provided, that the total expense for salaries incurred Proviso. 
under this section shall not exceed twenty thousand dol- 
lars annually, and that the allowance for travelling ex- 
penses of employees under the direction of the board shall 



196 



Acts, 1904. — Chap. 235. 



Agent8 not to 
be pecuniarily 
interested in 



^Expenses. 



not exceed three thousand dollars annually. Such agents 

shall not be pecuniarily interested, directly or indirectly, 

ofliS^hooksr i" tlie publication or sale of any text book, school book or 

^*'^- article of school supply used in the public schools of this 

Coiumo n wealth . 

Section 2. The incidental expenses of the board and 
the travelling and other necessary expenses of the mem- 
bers thereof, incurred in the performance of their official 
duties, shall be paid by the Commonwealth. 

Section 3. Sections three, four, nine, twelve, thirteen, 
fourteen, fifteen and sixteen of chapter thirty-nine of the 
Revised Laws are hereby repealed. 

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

A2)2yyoved April 13, 1904. 



Repeal. 



Chap.2^^ 



Aspinwall 
Water 
Company 
incorporated. 



The inhabit- 
ants of certain 
part of Lenox 
may be fur- 
nished with 
water. 



An Act to incorporate the aspinwall avater company. 

Be it enacted, etc., as follotvs : 

Section 1. DeWitt Bruce, Thomas Baker, Thomas 
Briant, Bridget M. Mahanna, Frank C. Hagyard, Michael 
E. Mahanna, James Whyte, Richard A. Stanley and 
Richard O'Brien, their associates and successors, are 
hereby made a corporation by the name of the Aspinwall 
Water Company, for the pui-pose of furnishing with pure 
water for the extinguishment of fires and for domestic and 
other purposes, with all the powers and privileges and sub- 
ject to all the duties, restrictions and liabilities set forth 
in all general laws now or hereafter in force relating to 
such corporations, the inhabitants of that part of the town 
of Lenox lying northerly of the following described line, 
which crosses said town in an easterly and westerly direc- 
tion, namely : — Beginning at a point in the easterly 
boundary of the town of Lenox which is in range due east 
with a stone monument on the easterly side of the main 
road from Lenox to Pittsfield and which marks the northern 
boundary of the Lenox fire district ; thence due west to 
said stone monument ; thence south, eighty degrees west, 
six hundred and forty-nine feet ; thence south, seventj^-one 
degrees, thirty minutes west, seven hundred and forty-six 
feet ; thence north, twenty-two degrees west, tliree hun- 
dred sixty-four and seven tenths feet, to cut stone bounds ; 
thence north, no degrees, thirty-three minutes east, ten 
hundred twenty-five and one tenth feet ; thence north, one 
decree, fifteen minutes east, four hundred sixty-three and 



water. 



Acts, 1904. — Chap. 235. 197 

ciirlit tenths t'ect, to a stone monument; thence south, Theiniiabit- 

.^, . , . , ' ants of certain 

eight^'-mne decfrees, forty-tour nuiuites west, seven hun- part of Lenox 
dred and thirty feet to the northeasterly line of CHllVood m'shert witii 
street : thence along said line of said street, north, nine- 
teen degrees, forty-two minutes west, one hundred fifty- 
five and eight tenths feet ; thence north, seventy degrees, 
forty-two minutes west, sixty-seven and three tenths feet; 
thence north, thirty-eight degrees, thirty minutes east, 
two hundred and eighty-nine feet ; thence north, twelve 
degi'ces, fifteen minutes east, one hundred ninety-nine and 
seven tenths feet ; thence north, fifteen degrees, twelve 
minutes west, one hundred and eighty feet ; thence north, 
seventj-six degrees, thirty minutes west, six hundred 
sixty-five and five tenths feet ; thence south, no degrees, 
forty-four minutes west, four hundred and eighty-four feet 
to the northerly line of the road leading from Lenox to 
Richmond ; thence westerly along said line of said road fif- 
teen hundred and ninety-nine feet ; thence north, no de- 
grees, thirty minutes east, four hundred and ninety-one 
feet to a stone monument ; thence north, eighty-eight de- 
grees, forty-five minutes west, eleven hundred and twenty- 
eight feet ; thence south, seventy-three degrees west, one 
hundred and fifty-eight and four tenths feet ; thence south, 
fifty degrees west, one hundred twelve and two tenths 
feet : thence south, thirty-six degrees west, three hundred 
and nine tenths feet ; thence south, twenty-three degrees, 
forty-five minutes west, one hundred and fifty-six feet to 
a stone monument on the northerly line of the road lead- 
ing from Lenox village to Richmond ; thence westerly 
along said northerly line of said road two hundred and 
fourteen feet to lands now of the Lenox Water Company ; 
thence north, forty-two degrees east, one hundred and 
forty-six feet ; thence north, twenty-two degrees west, one 
hundred and ninety-two feet ; thence north, seventy-two 
degrees west, two hundred and seventy-five feet to the 
highway leading to Pittsfield and intersecting with the road 
from Lenox village to Richmond ; thence along the east- 
erly line of said road leading to Pittsfield, south, seven 
degrees east, one hundred and fifty-six feet to an inter- 
section of roads ; thence, crossing the highway, to the 
intersection of the southerly line of the highway leading 
from Lenox village to Richmond with the westerly line 
of the highway leading from Pittsfield to Curtisville, now 
Interlaken ; thence from said intersection of said highways 



198 



Acts, 1901. — Chap. 235. 



May take cer- 
tain waters, 
water rights, 
etc. 



Proviso. 



May take cer- 
tain lands, 
rights of way, 
etc. 



May constriict 
structures, lay 
pipes, etc. 



south, two degrees, six minutes east, six hundred forty- 
three and five tentlis feet along the westerly line of the 
highwa}^ leading to Curtisville ; thence south, eighty- 
seven degrees, forty-nine minutes west, two hundred 
eighty and five tenths feet ; thence north, eighty-nine de- 
grees, fifty-six minutes west, nine hundred seven tj'-tlu'ee 
and five tenths feet to the southerly line of the road lead- 
ino- from Lenox to Richmond ; and thence north, eighteen 
degrees, thirty minutes west, to the boundary line between 
Lenox and Eichmond. The foregoing courses are referred 
to the true meridian. 

Section 2. Said company, for the purposes aforesaid, 
may lease, take, or acquire by purchase or otherwise, hold 
and convey through said part of the town of Lenox the 
water of the Yukon river and any and all of its tributaries 
in Lenox except that part of said river and its tributaries 
wdiich lies south of the northern limit of ground on said 
stream now occupied l)y the Lenox Water Company, and 
the waters of any springs or other sources on the water- 
shed of said river, with the water rights connected there- 
with, except that part which lies south of the northern 
limit of ground on said stream now used by the Lenox 
"Water Company : ^9roi'/cZecZ, that no source of water supply 
for domestic purposes shall be taken under this act with- 
out 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 Aspinwall 
Water Company may also take by purchase or otherwise 
and hold all lands, rights of way and casements in that 
part of the town of Lenox, northerly of the line described 
in section one, which are necessary for taking, holding, 
storing and improving such water and for conveying the 
same to and tlirough that part of the town of Lenox which 
is northerly of the line descril)ed in section one of this act. 

Section 3. Said company may construct on the lands 
thus taken or acquired proper dams, buildings, fixtures 
and other structures, and may do such other things as may 
be necessary for providing and maintaining complete and 
effective water works ; and for that purpose may construct, 
lay and maintain aqueducts, conduits, pipes and other 
works, under or over any land, water sources, railroads, 
railways and public or other waj's, and along any highway 
or other Avay in the town of Lenox, in such manner as not 
unnecessarily to obstruct the same ; and for the purpose 



Acts, 1904. — Chap. 235. 199 



of constructing, laying, maintaining and repairing such 
iKjUoducts, conduits, pipes and other works, and for all 
j)uri)oses of this act, said company may dig up, raise and 
embank any such lands, highwaj^s or other ways in such 
manner as to cause the least hindrance to public travel; 
but all things done upon any such ways shall be subject to 
the direction of the selectmen of said town. 

Section 4. The said company shall, within sixty days Description of 
after the taking of any lands, rights of way, water rights, ife recorded.'* 
water sources or casements as aforesaid, otherwise than by 
purchase, file and cause to be recorded in the registry of 
deeds for the middle district of the county of Berkshire a 
description thereof sufficiently accurate for identification, 
with a statement of the purpose for which the same were 
taken, signed by the president of the company. The re- 
cording shall operate as a taking of the real estate and 
rights and easements therein described. 

Sectiox 5. The said company 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 company under au- 
tliority of this act. Any person sustaining damages as 
aforesaid who fails to agree with the company as to the 
amount thereof may have the same assessed and determined 
in the manner provided by law in the case of land taken 
for the laying out of highways, on application at any time 
within the period of one year after the taking of such land 
or other property, or the doing of other injury under au- 
thority of this act ; but no such application shall be made 
after the expiration of such year. No application for 
assessment of damages shall be made for the taking of any 
water, water rights or for any injury thereto until the water 
is actually withdrawn or diverted by said company under 
authority of this act. 

Section (> . The said company may distribute the water Distribution of 
through that part of the town of Lenox which is northerly "' ' 
of the line described in section one of this act ; may estab- 
lish, fix from time to time, and collect rates for the use 
of said water ; and may make such contracts with the said 
town or with any fire district now or hereafter established 
therein, or with 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. 



200 



Acts, 1904. — Chap. 235. 



Real estate and 
capital stock. 



May issue 
mortgage 
bonds. 

Proviso. 



Certificate to 
be filed before 
bonds are 
issued, etc. 



Penalty for 
corruption of 
water, etc. 



Town of 
Lenox may 
take franchise, 
property, etc. 



Section 7. The said company may, for the purposes 
aforesaid, hold real estate not exceeding in value ten thou- 
sand dollars. Its capital stock shall not exceed fifty thou- 
sand dollars, and shall be divided into shares of one hundred 
dollars each. If it be necessary for the purposes of said 
company an increase of capital stock may be authorized 
by the commissioner of corporations, in the manner pro- 
vided in sections thirty and thirty-one of chapter one hun- 
dred and nine of the Revised Laws. The company may 
issue bonds, and may secure the same by mortgage of its 
franchise and other property : provided, that the total 
amount of such bonds shall not exceed the amount of its 
capital stock actually paid in. Such bonds shall be pay- 
able 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 denominated on the face thereof, Aspinwall 
Water Company 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 reasonably requisite for the purposes for which the com- 
pany is established. A certificate setting forth the decision 
of the commissioner shall be filed in the office of the sec- 
retary of the Commonwealth before the bonds are issued, 
and the proceeds shall be applied only to such purposes 
as may be specified in the decision of the commissioner. 

Section 8. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water taken or held under this act 
or injures any structiu-e, work or other property, owned, 
held or used by said company under authority of this act, 
shall forfeit and pay to said company 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 ex- 
ceeding three hundred dollars, or by imprisonment for a 
term not exceeding one year. 

Section 9. The town of Lenox shall have the right at 
any time to take, by purchase or l)y exercise of the right 
of eminent domain, the fi-anchise, property and all the 
rights and privileges of the said company on payment of 
the actual cost thereof, and without the payment of inter- 
est on any of the expenditiu'cs making up such actual cost. 
K the town shall so take said property, it may, in part 
payment therefor, assume any indebtedness of said com- 



Acts, li)04. — Chap. 235. 201 

pany incuiTcd in the construction or improvement of the 
jiroportv, by lawful issue of bonds secured by mortgage. 
The said company shall furnish to the town of Lenox, statement of 
under oath, an itenii/cd statement of the cost of the water cxpen.iuu'rt'P, 
supply system autlu)rizcd under this act, together with a furui*^hed 
copy of the contracts made in providing and constructing aoJ^^^ny. etc- 
said system and any extension thereof, and shall furnish 
to said town annually an itemized statement, under oath, 
of its receipts and expenditures, which statement shall be 
submitted by the selectmen to the citizens of the town at 
the annual town meeting. The authority to purchase or Taking of 
to take the franchise and [)roperty of the said company subject to'a two 
shall be exercised by said town only after the town has etcy*^^ ^°*'^' 
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. The taking, if 
by exercise of the right of eminent domain, shall be by 
filing in the registry of deeds for the middle district of the 
county of Berkshire a declaration of said taking, which 
shall include a certified cop}^ 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. In case the town and the corporation in case of 
shall be unable to agree upon the actual cost of said prop- comldssioners 
erty, the supreme judicial court shall, upon application pointed to' 
of either party and notice to the other, appoint three com- determine cost, 
missioners, who shall determine the actual cost of said 
property and whose award, when accepted by the court, 
shall be final. Such actual cost shall be determined with- 
out including any interest on any expenditures made by 
said company. 

Section 10. The selectmen of said town, upon appli- [;erex,u'iredfo 
cation of the owner of any land, water or Avater rights ^^ry security 
taken under this act, shall require said company to give for payment of 
satisfactory security for the payment of all damages and 
costs wdiich 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 
before required appears to them to have become insuffi- 
cient ; and all the right or authority of said company to 
enter upon or use such land or other property, except for 



202 Acts, 1904. — Chap. 236. 

making surve^^s or tests of the soil, shall be suspended until 
it gives the securit}^ required. 

^]^^entotake SECTION 11. This act sliall take effect only upon its 
acceptance by a majority \"ote of the voters of the town 
voting thereon by ballot at a town meeting legallj^ called 
for the purpose. If not so accepted when first submitted, 
it may be resubmitted at subsequent town meetings legally 

Proviso. called for the purpose : jirovided, that it shall not be voted 

upon by the town more than once in any one year. Ex- 
cept as hereinbefore provided this act shall take effect upon 
its passage, but it shall become null and void unless work 
is begun under it within three j^ears after the date of its 
passage. Approved April 13, 1904. 

ChCW.2SG ^ ^^"^ "^^ AUTHORIZE THE METROPOLITAN PARK COMMISSION TO 
REBUILD THE FIXLAY MILL DAM ACROSS CHARLES RFVER AT 
NEWTON LOWER FALLS. 

Be it enacted, etc., as foUoics : 
The metropoii- Sectiox 1. The metropolitan park commission, created 

tan park oom- t n i pi ,> i 

mission to bv chapter lour hundred and seven of the acts of the year 

rccou struct «/ x *^ 

etc., the Finiay eighteen hundred and ninety-three, is hereby authorized 
'^"^" to repair, reconstruct and maintain at its present height 

the Finiay dam, so-called, across Charles river, at Wash- 
ington street, Newton Lower Falls, Newton and Wellesley, 
at such point on land of the Commonwealth at or near its 
present site as the commission may deem best. 

a<'-reements in SECTION 2 . FoT all purposcs cousistcnt with the powcrs 

"iow^er ete^"*^^ ^^^*^ dutics granted to and imposed upon said commission 
by .said chapter four hundred and seven, and acts in amend- 
ment thereof and in addition thereto, the said commission 
is authorized to make agreements with any individual or 
corporation in regard to the repair, recon.struction or 
maintenance of said dam, and may make agreements in 
regard to, or may lease or grant such rights and privileges 
in, the water power created by the same as it may deem 
best. 

Damages. SECTION 3. Any owner of land or rights in land which 

is or may be overflowed or other^vise damaged by the 
erection or maintenance of the said dam may have his 
damages assessed by a jury or otherwise, upon a petition 
filed in the superior court for the county in which the land 
lies, and such damages so assessed shall be in full compen- 
sation for all damages hereafter to be caused by the main- 



Acts, 1904 — Chaps. 237, 238. 203 

tenancc of said d:uu forever, but no petition for such 
danmires shall lie broui>-ht after the expiration of one year 
from the passage of this act. 

Sectiox 4. The Commonwealth may answer and main- Rights and 
tain in bar to any such petition or in reduction of the common^ 
damages claimed tliereunder any rights and interests which ^'*^*'*'^- 
it may have acijuirod by purchase or otherwise in said dam 
or for the maintenance thereof, or in the land alleged to 
be damaged, and any other matter which is in reduction 
of such damages or which may show that the petitioner 
cannot maintain the petition, and shall be allowed by way 
of set-otf any benefit caused by such dam to the petitioner 
in respect to his land. 

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

Aiiproved April 13, 1904. 



Ax Act to authorize the metropolitax park commissiox to nj^rij) '^oT 

BUn.D A BRIDGE OVER MALDEX RIVER WITHIX THE LIMITS OF 
REVERE BEACH PARKWAY. 

Be it enacted, etc., as follows : 

Sectiox 1 . The metropolitan park commission is hereby Bridge to be 
authorized to build a bridge with a draw across that part Maiden river. 
of ]Malden river in Everett and Medford Avhich is within 
the limits of Revere Beach parkwa}', and all licenses, per- 
mits or approvals necessary for this purpose, heretofore 
obtained from the board of harbor and land commission- 
ers or from any other authority, are hereby ratified and 
confirmed. 

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

Approved Ap)ril 13, 1904. 



Chcq).23S 



Ax Act to AUTHORIZE THE PRIXTIXG AXD DISTRIBUTION' OF A HIS- 
TORY OF THE OFFICIALS OF THE COUXTY OF ISHDDLESEX. 

Be it enacted, etc., as folloics : 

Section 1. The county commissioners of the county History of the 
of ^Middlesex are hereby authorized to print, at the ex- county of 
pense of that county, the " History of the ofiicials of the beprinted/etc. 
county of Middlesex ", as prepared by Levi S. Gould, and 
to distribute the same without charge to the public libra- 
ries and other public institutions of the county, and to 
such other persons and institutions as they may select : 



204 Acts, 1904. — Chaps. 239, 240, 241. 

Proviso. provided, that the whole expense of such printins: and dis- 

tribution shall not exceed seven hundred and fifty dollars. 
Section 2. This act shall take eftectupon its passage. 

Approved April 14, 1904. 



Chap.2S9 



An Act to legalize certaik proceedings of the first baptist 

SOCIETY OF BROOKFIELD. 

Be it enacted, etc., as foUoivs: 

ceedtn'^s'otthe SECTION 1. The acts and proceedings of the First Bap- 
First Baptist tist Socicty of Brookficld, except those of an alleged meet- 
Brookfieid ing held on the twenty-eighth day of January in the year 
eg. ize . nineteen hundred and three, are hereby legalized and con- 
Proviso. firmed : jyrovided, however, that nothing contained in this 

act shall operate to prejudice the vested rights of any per- 
son or organization. 

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

Approved April 16, 1904. 

Chan 240 ^^ ^^^ ^^ define the word ' ' noon " IN THE MASSACHUSETTS 

STANDARD FIRE INSURANCE POLICY. 

Be it enacted, etc., as follows : 
The word Section 1. The word " noon ", occurring in the Massa- 

" noon " in the i i ,^ • t i 1 1 i i -i 

Maesachusetts chusctts Standard fire insurance policy, shall be construed 
insurance to be the Hoon of Standard time of the place where the 
policy defined. pj,Qpgj.^y covcrcd by the policy is situated. 

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

Approved April 16, 1904. 



0/^029.241 



An Act to extend the application of the bertillon system 
OF measurements. 

Be it enacted, etc., asfolloivs: 

R. l. 2-2,% § 18, Section 1. Chapter two hundred and twenty-five of 

iilllCllClGCl. 

the Revised Laws is hereby amended by striking out sec- 
tion eighteen and inserting in place thereof the following : 
Certain — SecfioH 18. Prisoiiei's who have been convicted of a fel- 

prisoners to lie i -ii. j j i. i n j • j 

measured and ony and Committed under sentence shall, and prisoners who 
accordamjr are Under sentence as tramps or vagrants may, if deemed 
BertiHmi advisablc for the purpose of subsequent identification, be 

method. measured and described in accordance Avith the Bertillon 

method for the identification of criminals, by persons in 
the service of the Commonwealth or of any county, who 



Acts, 1904. — Chap. 242. 205 

may be appointed by the i)rison commissioners for that 
purpose. 

Section 2. This act shall take ett'ect u})on its passage. 

Ajjproved April 16, 1904. 



ChapM2 



An Act to regulate public lodging houses in certain cities. 
Be it enacted, etc., as follows : 

Section 1 . In cities of over fifty thousand inhabitants certain i)uii(i. 
every buildino- not licensed as an inn, in which ten or d^ln'c^d public 
more persons are lodged for a price of twenty-five cents \Zml7. 
or less for each person for a day of twenty-four hours, or 
for any part thereof, shall be deemed a public lodging- 
house within the meaning of this act. 

Section 2. The officer or board having charge of the Licenses. 
police in any such cit}' may license persons to keep public 
lodging houses therein. No fee shall be charged for such 
license, and it shall expire on the thirtieth day of April 
next after the granting of the same. Every such license 
shall specify the street or other place and the number of 
the building, or give some other particular description 
thereof, where the licensee shall exercise his employment ; 
and the license shall not protect a person exercising his 
employment in any other place than that so specified. 

Section 3. No such license shall be granted in any Fire escapes, 
such city until the inspector of buildings thereof, or the ^^' 
other officer or l)oard having authority to administer the 
laws and ordinances in regard to the construction of build- 
ings therein, has certified that the building is provided 
with sufficient means of escape in case of tire, and that 
suitable appliances are provided for extinguishing fires and 
for giving alarm to the inmates in case of fire ; and such 
officer or board may from time to time require such altera- 
tions to be made or such additional appliances to be pro- 
vided as may in his or their judgment he necessary for the 
protection of life and property in case of fire. 

Section 4. No such license shall be granted in any Board of 
such city until the board of health thereof has certified that cerHfy^to 
the building is provided with a sufficient number of water conciftions, etc. 
closets and m^inals, and with good and sufficient means of 
ventilation ; and the said board may from time to time re- 
quire the licensee thoroughly to cleanse and disinfect all 
parts of said building and the furniture therein, to the 
satisfaction of such board. 



206 



Acts, 1904. — Chap. 243. 



Penalties. 



Keg^ister to be SECTION 5. Ill every public lodging house a register 
shall be kept in which shall be entered the name and ad- 
dress of each lodger, together with the time of his arrival 
and departure, and such register shall at all times be open 
to the inspection of the police, 
totovefrer^^ Section (3. The keeper of every public lodging house 
fnS'^etc" '^^''^' ^^^^^ ^^ ^1^ times, when so required by any officer of the 
building department, of the health de[)artment, or of the 
police department, give him free access to said house or 
any part thereof. 

Section 7. Whoever keeps or holds himself out as 
keeping a public lodging house Avithout being duly licensed 
as hereinbefore provided, and whoever is concerned or 
financially interested in any public lodging house, the 
keeper of which is not so licensed, shall be punished by a 
fine not exceeding one hundred dollars ; and any keeper 
of a public lodging house who violates any provision of 
this act shall be punished by a fine of one hundred dollars, 
and the licensing board shall immediately revoke his 
license. 

Section 8. Chapter four hundred and fourteen of the 
acts of the year eighteen hundred and ninety-four is hereby 
repealed. 

Section 9. This act shall take effect on the first day 
of June in the year nineteen hundred and four. 

Approved April 20, 1904. 



Kepeal. 



To take effect 
June 1, 1904. 



CJiapMS 



Employment 
of prisoners at 
temporary 
industrial 
camp, etc. 



Escape of 
prisoners. 



An Act relative to the temporary industrial camp for 

prisoners. 

Be it enacted, etc., as folloios : 

Section 1. Prisoners who are removed to the tempo- 
rary industrial camp for prisoners shall be governed and 
employed there under regulations made by the prison com- 
missioners. The Massachusetts highway commission and 
the board of agriculture shall from time to time, at the 
request of the prison commissioners, give to them such 
information as may enable them to prosecute to the best 
advantage the work of reclaiming and improving waste 
land and of preparing material for road building b}^ hand 
labor. 

Section 2. A prisoner who escapes from the land or 
buildings of said camp, or from the custody of an officer 
while being conveyed thereto, may be pursued and recap- 



Acts, 1904. — Cilvps. 244, 245. 207 

tared ; and upon complaint before any district court or 
trial justice may be punished for such escape by a sentence 
of imprisonment at the state farm. 

Sectiox 3. The prison commissioners in their discre- Permits to be 
tion may issue to any prisoner held at said camp a permit be\s.^ieU'etcf 
to be at liberty, upon such terms and conditions as they 
shall prescribe ; and all the laws relative to the revocation 
of permits to be at liberty shall apply to prisoners from 
said camp. 

Section 4. The prison commissioners may expend from Aiding 
the appropriation for aiding prisoners discharged from the ilrisouefs. 
Massachusetts reformatory such an amount as they con- 
sider advisable for aiding prisoners discharged from the 
temporary industrial camp for prisoners. 

Section 5. Section sixty-six of chapter two hundred Repeal. 
and twenty-five of the Revised Laws is hereby repealed. 

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

Approved April 20, 1904. 

An Act relative to the maintenance of state highways by njirii^ ^44 

THE MASSACHUSETTS HIGHWAY COMMISSION. 

Be it enacted, etc. , as foUoivs : 

Section 1. Chapter two hundred and eighty of the laos, 28o, §2, 
acts of the year nineteen hundred and three is hereby '""*^"'^^^'^^- 
amended by striking out section two and inserting in place 
thereof the following : — Section 2. There may be ex- Maiutenance 
pended annually out of the treasury of the Commonwealth highways. 
such sums as the general court may determine to be neces- 
sary for the proper maintenance of the state highways, 
subject to the provisions and limitations of section sixteen 
of chapter forty-seven of the Revised Laws. 

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

Ap2)roved April 20, 1904. 

An Act relative to the listing and registration of voters nj^rii^ 245 

IN the city of koston. 
Be it enacted, etc., as follows: 

Section 1. Whoever in Boston aids or abets a person Registration 
in knowingly or wilfully making a false affidavit, taking boI 



of voters in 



ston, 



a false oath or signing a false certificate, relative to the SS false 
qualifications of any person for being listed as a resident ^iffidavit, etc. 
thereof or given a certificate of such residence by the board 



208 



Acts, 1901. — Chap. 245. 



1903, 279, § 1, 
amended. 



Board of 
police of Bos- 
ton to make 
lists of male 
persons, etc., 
annually. 



To make lists 
of women 
voters. 



Lists to contain 
names of per- 
sons j^iving 
information, 
etc. 



Correction of 
errors, etc. 



of police, shall be punished by imprisonment for not more 
than one 3'ear. 

Section 2 . Chapter two hundred and seventy-nine of 
the acts of the 3'ear nineteen hundred and three is hereby 
amended by striking out section one and inserting in place 
thereof the following : — Section 1. In Boston the board 
of police shall, Avithin the first seven week days of May in 
each year, by itself or its 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 the board can ascertain, the name, age, occupa- 
tion and residence on the first day of May in the current 
year, and the residence on the first day of May in the pre- 
ceding year, of every male person, twenty years of age or 
upwards, residing in said city. Said board 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 every 
such building so that it can be readily identified, and shall 
place opposite the number or other description of everv 
such building the name, age and occupation of every such 
male person residing therein on the first day of May in the 
current year, and his residence on the first dav of May in 
the preceding year. The board shall also inquire at the 
residences of the women voters whose names are contained 
in the list transmitted to them by the election commis- 
sioners under section eioht of this act whether such women 
voters are resident thereat, and shall thereupon make true 
lists of the women voters found by them. 

The board shall place in such lists, opposite the name of 
every such male person or woman voter, the name of the 
inmate, owner or occupant of the building, or the name and 
residence 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 
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 
person or woman voter first written down as residing in 
such building. 

The board shall, upon the personal application of a person 
listed either upon the original or supplementary lists for 
the correction of anv error in their lists, or whenever in- 



nuttcil to 
on com- 



Acts, 1904. — CiiAr. 245. 209 

formed of any such error, make due investigation, and 
upon proof thereof correct the same on their original or 
supplementary lists, and shall immediateh' notify the elec- 
tion commissioners of such correction, who shall correct 
their copies of said lists accordingly and proceed to revise 
and correct the registers under the provisions of section 
fifty-one of chapter eleven of the Revised Laws. The 
board shall cause all ai)plications and aifidavits received by 
them under this section to be pres(;rved for two years. 

Sectiox o. Said chapter two hundred and seventy- ions, 279, § 2, 
nine is hereby further amended by striking out section two 
and insertino; in place thereof the foUowino- : — Section 2. ^f\f^^'}^\''^^}^^ 
The board of police shall, on or before the eio-hteenth day t'/"l- 
of ^lay in each year, transmit to the election commission- missioners, 
ers certified copies of those parts of the lists prepared as 
provided in section one, containing the name, age, occu- 
pation and residence on the first day of May in the current 
year, and the residence on the first day of May in the pre- 
ceding year, of every male person, twenty years of age or 
upwards, residing in said city, and shall promptly transmit 
to the election commissioners notice of every addition to 
and correction in the lists made by them. The board shall 
furnish all information in its possession necessary to aid the 
election commissioners in the performance of their duties. 

Sectiox 4. Said chapter two hundred and seventy-nine 1903, 279, § 3, 
is hereby further amended by striking out section tliree ''^™^^'^*^^- 
and inserting in place thereof the following : — Section 3. of"ifs\^g'^to"be*^^ 
The board of police shall, on or before the first daj' of July prepared, etc. 
in each year, prepare printed copies of the lists prepared 
for the use of the election commissioners. The board 
shall print such lists in pamphlet form by precincts, deliver 
to the election commissioners as many copies thereof as 
thej" may require, and hold the remaining copies for public 
distribution. 

Section 5 . Said chapter two hundred and seventy-nine 1903, 279, § 4, 
is hereby further amended by striking out section four and 
insertinij in place thereof the followino- : — Section 4. If Listing of 

1 ~ /, ~ ^ • ^ i_ persons 

a male person, twenty years ot age or upwards, resident omitted. 
in Boston on the first day of May, was not listed by the 
board of police, he shall, in order to establish his right to 
be listed, appear before a member of the board of police, 
the superintendent, a deputy superintendent or an in- 
spector of police, who are hereby authorized to administer 
oaths for this purpose, and present under oath a statement 



210 • Acts, 1904. — Chap. 215. 



in writing that he was on said day a resident of said city, 
giving his name, age, occupation and residence on the first 
day of May in the current year, and his residence on the 
first day of Ma}^ in the preceding year. 
Listing of per- j^ male person, twenty years of ao-e or upwards, who 

sons uGCOiHinsr -^ •^ •/ c? ±- 

residents after bccomcs a resident of said city after the first day of May, 
^^ ' and desires to be hsted, shall appear before a member of 

the board of police, the superintendent, a deputy superin- 
tendent or an inspector of police, who are hereby author- 
ized to administer oaths for this purpose, and present 
under oath a statement in writing that he became a resi- 
dent of said city at least six months immediately preceding 
the election at which he claims the right to yote, giying 
his name, ao-e, occupation and residence on the aboye date, 
and his resfdence on the first day of May in the preceding 
year. 

Certificate of If the board of police, after inyestigation, is satisfied that 

givenTete. ° ^ such statements are true, it shall giye such applicant a cer- 
tificate that he was a resident of said city on said first day 
of May, or a certificate that he became a resident at least 
six months immediately preceding such election, as the 
case may be, which certificate shall state his name, age, 
occupation and residence on the first day of May in the 
current year or on the al)oye date, as the case may be, and 
his residence on the first day of Ma}' in the preceding year ; 
but no such application shall be received later than the 
first day of September, and no such person shall be listed 
or be given such certificate later than the tenth da}^ of 
September. 

Copies of laws j,^ every place where oaths are administered as required 

to be posted. , . ^ \ , i ,. i. in 

by this act the board of police shall post m a conspicuous 
place a copy of section tlu'ee 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. 
wo3,j279^§5, Section 6. Said chapter two hundred and seventy- 

nine is hereby further amended by striking out section 
Names, etc., of liye and inserting in place thereof the following : — Sec- 
be published, tion 5. The boai'd of police shall enter the date of appli- 
^*^" cation, the name, age, occupation and residence on the 

first day of May in the current year and the residence on 
the first day of May in the preceding 3'ear, of every such 
applicant, as above provided, together with the result of 
its investigation of his application, in a book provided for 



Acts, 11)01. — Chaps. 210, 217. 211 

that purpose, which shall be open for public inspection. 
Said board shall cause to be printed, in some ne\vspa[)er 
published in Boston, the name and residence of every such 
applicant. The names and residences of such applicants 
shall be printed by wards and precincts Avithin two days 
after the numlier of names of such applicants, not printed, 
reaches tifty ; and on the day when such number is reached, 
the names to be printed within such two days shall inchide 
the names of all such ap])licants up to the close of business 
for this purpose in the otiice of the board of police on such 
day. 

Sectiox 7. Section seven of said chapter two hundred ^^epeai. 
and seventy-nine is hereby repealed. 

Section 8. This act shall take etfect upon its passage. 

Approved April 20, 1904. 

Ax Act to provide for expenses incurred in the construction rij^^.q-i 9,±(\ 
OF the high level gravity sewer for the relief of the 

CHARLES AND NEPONSET RIVER VALLEYS. 

Be it enacted, etc., as folloios : 

Section 1. The treasurer and receiver general of the Treasurer and 
Commonwealth, in order to meet additional expenses in- erai toTsfue 
ciu-red under the provisions of chapter four hundred and twcatesof^' 
twenty-four of the acts of the year eighteen hundred and •iebt, etc. 
ninety-nine, and chapter three hundred and fifty-six of the 
acts of the year nineteen hundred and three, 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 three hundred and eighty-five thousand dollars, 
in addition to the amounts authorized to be issued under 
the provisions of said chapters ; and the provisions of said 
chapters 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 April 22, 1904. 

An Act to authorize the insurance commissioner to dispose /^7,^,j^ 04.7 
of certain papers and records of insurance companies and -^ 

associations that have discontinued business. 

Be it enacted, etc., as follows : 

Section 1. The insurance commissioner is hereby au- insurance 

,1'iiii ,1 . -,. r. Ill commissioner 

thorized to destroy or otherwise dispose 01 such old papers may dispose of 



212 



Acts, 1901. — Chaps. 218, 219. 



certain old 
papers, etc. 



Proviso. 



and records of insurance companies and associations that 
have discontinued business, now in tlie custody of the in- 
surance department, in compliance with law, as he may 
deem of no value : j^rovided, that the approval of the gov- 
ernor and council shall first be endorsed upon the schedule 
of papers and records so to be disposed of, which schedule 
shall be preserved in the files of the insurance department. 
Section 2. This act shall take efiect upon its passage. 

Approved April 22, 1904. 



CJlClV.2i4^8 ^^^ ^^^^ "^^ PROVIDE FOR ANNUAL REPORTS BY TRUSTEES OF 

SCHOOLS. 



Trustees of 
certain textile 
schools to 
make annual 
reports. 



Be it enacted, etc., as folloivs : 

Section 1 . The trustees of every textile school receiv- 
ing financial aid from the Commonwealth shall, on or before 
the thirtieth day of January in each year, make to the 
general court a report containing a concise statement as 
to the buildings, equipment and resources of the school, 
the courses and methods of instruction, the number of 
teachers and students during the previous calendar year, 
and the number of students, if any, who graduated there- 
from. The report shall also contain a statement, verified 
by the oath of the treasurer of the school, and in such form 
as the auditor of accounts of the Commonwealth shall pre- 
scribe, showing separately the amounts received during the 
previous calendar year from tuition fees, from the Com- 
monwealth, from any city or town, and from all other 
sources, and also showing the expenditures of the school 
during the same period, under the heads of maintenance, 
construction and new equipment, and also the financial 
condition of the school at the close of said year. 

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

Appi'oved April 22, 1904. 



QJiaV.24:'d ^^ ^^'^ '^^ ESTAKLISH THE BOUNDARY LINE BETWEEN THE TOWNS 

OF WEST NEM^BURY AND GROVEL AND. 



Boundary line 
between West 
Newbury and 
Groveland 
established. 



Be it enacted, etc., as foUoios: 

Section 1. The following described line shall hereafter 
be the boundary line between the towns of West Newbury 
and Groveland : — Beginning at the present corner of the 
towns of Groveland, Newbury and West Newbury, at a 
granite monument lettered B — N — WN, standing in 



Acts, 11)04. — Chap. 250. 213 

Beaver brook in latitude fortv-two de2Tee.s, fortv-five Bouniiaiv line 

•^ *■ i)ct\\'t?di »\ est 

minutes, thirty and four hundredths seeonds and longitude xewbuiy and 
seventy degreCvS, fifty-eight minutes, three and sixty-nine established. 
hundredths'seeonds ; thence north fifty-eight degrees, four- 
teen minutes Avest, true bearing, nine thousand two hun- 
dred and fifty-four feet, to a granite monument lettered 
B — WX, standing on a hill about eleven hundred feet 
northwesterly of the })oint where Centre street in Grove- 
land, called ']\[iddle street in West Newbury, crosses the 
line, and in latitude forty-two degrees, forty-six minutes, 
eighteen and seventeen hundredths seconds and longitude 
seventy degrees, fiftj^-nine minutes, forty-nine and six- 
teen hundredths seeonds ; thence north fifty-four degrees, 
forty minutes west, true bearing, six thousand eight hun- 
dred and eighty-five feet, to a granite monument lettered 
B — WX, standing about thirty feet southeasterh' from 
the bank of the Merrimac river in latitude forty-two de- 
grees, fortj-six minutes, fiftj^-seven and fifty hundredths 
seconds and longitude seventy-one degrees, one minute, 
four and forty-eight hundredths seconds ; thence in the 
same direction about seven hundred feet to the centre of 
the river at the present corner of the city of Haverhill and 
the towns of Groveland and West Xewbur3^ 

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

Approved April 22, 1904. 

An Act to establish the boundary line between the towns (yjiap.250 

OF NORTH READING AND ANDOVER. 

Be it enacted, etc., asfoUoivs: 

Section 1 . The following described line shall hereafter Boundary line 
be the boundary line between the towns of Xorth Reading Reading and 
and Andover : — Beginning at the present corner of the ^guibilshed. 
towns of Andover, Xorth Andover and Xorth Reading, at 
a granite monument lettered A — R, standing on the sum- 
mit of Osgood's Hill in latitude forty-two degrees, thirty- 
six minutes, fifteen and eleven hundredths seconds and 
longitude seventy-one degrees, four minutes, thirty-six 
seconds ; thence south eighty-three degi-ees, twenty-six 
minutes west, true bearing, sixteen thousand and fifty-five 
feet, to the present corner of the towns of Andover, Xorth 
Readinof and Wilmino-ton, at a granite monument lettered 
A — R — W, in latitude forty-two degrees, thirty-five min- 
utes, fifty-six and ninety hundredths seconds and longitude 



21^ Acts, 1904. — Chaps. 251, 252. 

seventv-one degrees, eight minutes, nine and twenty-five 
hundredths seconds. 

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

Approved April 22, 1904. 

Chcip.2i51 "^^ '^CT TO ESTABLISH THE BOUNDAEY LINE BETWEEN THE TOWNS 

OF MIDDLETON AND NORTH ANDOVER. 

Be it enacted, etc., as follows : 

between ^' "''*' SECTION 1 . The following described line shall hereafter 
North Andover ^® ^^® boundar}' line between the towns of Middleton and 
established. Xortli Andover : — Beginning at the present corner of the 
towns of Middleton, North Andover and Xortli Reading, 
at a granite monument lettered A ]\1 R, in latitude forty- 
two degrees, thirty-six minutes, thirty-two and nine tenths 
se^ionds and longitude seventy-one degrees, three minutes, 
thirty-three and thirty-six hundredths seconds ; thence 
north nine degrees, thirty minutes east, true bearing, six 
thousand eight hundred and sixty-fom* feet to a gi"anite 
monument lettered A M, in latitude forty-two degrees, 
thirty-seven minutes, thirty-nine and seventy-seven hun- 
dredths seconds and longitude seventy-one degrees, three 
minutes, eighteen and twenty-one hundredths seconds ; 
thence north fifty-nine degrees, thirty-four minutes east, 
true bearing, ten thousand and sixty-four feet, to the 
present corner of the towns of Boxford, Middleton and 
North Andover, at a granite monument lettered A B M, 
in latitude forty-two degrees, thirty-eight minutes, thirty 
and twelve hundredths seconds and longitude seventy-one 
degrees, one minute, twenty-two and twelve hundredths 
seconds. 

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

Ajjproved April 22, 1904. 

GllCLT).^^^ ^^ ^^^ ^^ ESTABLISH THE BOUNDARY LINE BETWEEN THE TOWNS 

OF MIDDLETON AND BOXFORD. 

Be it enacted^ etc., asfolloivs: 
h^u^eeT ""^ Section 1 . The following described line shall hereafter 
Boxtonr '^""^ ^^ ^^^^ boundary line between the towns of ^Middleton and 
established. Boxford : — Beginning at the present corner of the towns 
of Boxford, Middleton and North Andover, at a granite 
monument lettered A — B — M, in latitude forty-two de- 
grees, thirty-eight minutes, thirty and tAvelve hundredths 



Acts, 1904. — Chap. 253. 215 



seconds and li)iigitudc seventy-one degrees, one niinute, nmnuiary line 
twenty-two and twelve hundredths seconds ; thence south Midditton ana 
tifty-three dei::ives, fifty-three minutes east, true bearing, estai.as'iica. 
twelve thousand two hundred and forty-tive feet, to a 
granite monument lettered B — M, standing tive feet north 
of the bank of Ipswich river, in latitude forty-two degrees, 
thirty-seven minutes, eighteen and eighty-one hundredths 
seconds and longitude seventy degrees, fifty-nine minutes, 
nine and eighty-two hundredths seconds ; thence in the 
same direction aljout forty feet to the centre of the river ; 
thence mainh^ in an easterly direction along the centre 
line of the river about three quarters of a mile to the 
jiresent corner of the towns of Boxford, Middleton and 
Topsfield,at a point about thirty-five feet north, forty-one 
degrees, forty-one minutes west, true bearing, from a 
granite monument lettered B — T — M, standing ten feet 
south of the river bank in the line between Middleton and 
Toi)sfield and in latitude forty-two degrees, thirty-seven 
minutes, sixteen and twenty hundredths seconds and longi- 
tude seventy degrees, fifty-eight minutes, thirty-five and 
sixty-five hundredths seconds. 

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

Approved April 22, 1904. 

As Act to establish the boundary line between the towns (JJifi^ 953 

OF GEORciETOWN AND BOXFORD. 

Be it enacted, etc., as foUoivs : 

Section 1. The following described line shall hereafter Boundary iine 
be the boundary line between the towns of Georgetown Georgetown 
and Boxford : — Beginning at the corner of the towns of eTtaUishecu^ 
Georgetown, Boxford and Rowley, at a place called "The 
Three Sisters ", at a stone monument lettered R — B — G in 
latitude forty-two degrees, forty-one minutes, forty and 
fourteen hundredths seconds and longitude seventy degrees, 
fifty-eight minutes, thirty-six and seventy-five hundredths 
seconds ; thence north sixty-five degrees, fort3^-nine min- 
utes west, true bearing, five thousand four hundred and 
sixty-six feet to a stone monument lettered B — G standing 
in land formerly of heirs of Solomon Nelson in latitude 
forty-two degrees, forty-two minutes, two and twenty-six 
hundredths seconds and longitude seventy degrees, fifty- 
nine minutes, forty-three and fifty-two hundredths seconds ; 
thence north eighty-six degrees, thirty-seven minutes west, 



216 



Acts, 1904 — Chap. 253. 



betwera^^^ true bearing, one thousand two hundred and seventy-two 
Georgetown feet to a stoue monuDient lettered B — R in latitude fortv- 

and Boxford • j^ i i i i "• 

estabushed. two deoTees, lortv-two minutes, tlu'ee seconds and longri- 
tude seventy-one degrees, no minutes, lit'ty-two hundredths 
seconds ; thence north eighty-one degrees, thirteen min- 
utes west, true bearing, one thousand four hundred and 
eighteen feet to a stone monument lettered B — R in lati- 
tude forty-two degrees, forty-two minutes, five and fourteen 
hundredths seconds and longitude seventy-one degrees, no 
minutes, nineteen and twenty-nine hundredths seconds ; 
thence north eighty-nine degrees, forty-fom' minutes west, 
true bearing, one thousand six hundred and thirt3'^-seven 
feet, to a stone monument lettered B — R in land of Patten 
and Metcalf in latitude forty-two degrees, forty-two min- 
utes, five and twenty-one hundredths seconds and longitude 
seventy-one degrees, no minutes, forty-one and twenty-two 
hundredths seconds ; thence north eighty-eight degrees, 
thirt3^-six minutes west, true bearing, three thousand four 
hundred and twelve feet to a stone monument lettered 
B — R standing at the southwesterly corner of the town of 
Georgetown on the easterly side of the road betAveen South 
Groveland and East Boxford in latitude forty-two degrees, 
forty-two minutes, six and three hundredths seconds and 
longitude seventy-one degrees, one minute, twenty-six and 
nine tenths seconds ; thence north twenty-six degrees, fifty- 
five minutes west, true bearing, one thousand and nine 
feet to a stone monument lettered B — R standing in a stone 
wall and about one hundred and five feet east of the house 
formerly owned by H. Merritt Spofford in latitude forty- 
two degrees, forty-two minutes, foiu'teen and ninety-two 
hundredths seconds and longitude seventy-one degrees, 
one minute, thirty-three and two hundredths seconds ; 
thence north forty-three degrees, forty-eight minutes west, 
true bearing, three hundred and nine feet to a stone monu- 
ment lettered B — R in latitude forty-two degrees, forty-two 
minutes, seventeen and twelve hundredths seconds and 
longitude seventy-one degrees, one minute, thirty-five and 
eighty-eight hundredths seconds ; thence north sixteen 
degrees, fifty-two minutes west, true bearing, five thousand 
and eighty-three feet to a stone monument lettered B — R 
standing on the southerly side of Pine Plains road at the 
corner of the towns of Boxford, Georgetown and Groveland 
in latitude forty-two degrees, forty-three minutes, five and 
seventeen hundredths seconds and longitude seventy-one 



Acts, 1904. — Chaps. 254, 255. 217 

deofi-oes, one ininuto, fifty-fi\e and sixty-three liundrcdtlis 
seconds. 

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

Approved April 22, 1904. 



Ax Act kel.vtive to the kike depautmext of the city of xoutii 

AUAMS. 



Chap25l 



Be it enacted, etc., as foUoivs : 

Section- 1. The city council of the city of North ci^>;«*^,'^^;^i^ 
Adams may by ordinance establish the salary of the chief establish are 

^ v' . "^ . , compauies, 

of its fire department, and may by ordinance estabhsh fire hx compensa- 

. ji jt . Ti'" ^ii -J. J. -J. tion of mem- 

companies in the outlying districts ot the city, to consist bers, etc. 
of such officers and men as it may determine ; and ma}^ 
fix the compensation of the members thereof, which shall 
not exceed the sum no\y paid to the other members of the 
fire department of the city. Such fire companies shall be 
a part of the fire department of the city and subject to all 
ordinances and regulations relating to said fire department. 
The appointment of the officers and members of such com- 
panies shall be yested in the mayor of the city as prescribed 
by section twent}^ of chapter one hundred and forty-eight 
of the acts of the year eighteen hundred and ninety-fiye. 

Section 2. All acts and parts of acts inconsistent here- Repeal. 
^yith are hereby repealed. 

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

Ajoproved April 22, 1904. 



Chap.2D5 



Ax Act to authorize the old coloxy street railway compax'^y 
TO issue boxds axd execute a mortgage of its railway, axd 
TO locate additioxal pole lixes. 

Be it enacted, etc., as folloivs : 

Section 1. For the purpose of paying, refunding or TheOMCoiony 
retiring at or before the time when they mature the whole ccfmpanymay 
or an}' part of the bonds and other funded indebtedness bondsretc?'^^^ 
heretofore issued by the Old Colony Street Railway Com- 
pany or by any company to the franchise and |)roperty of 
which said company has succeeded by purchase or con- 
solidation, all of which purchases and consolidations are 
hereby ratified and confirmed, and for the purpose of uni- 
fying and consolidating from time to time its funded debt, 
and of retiring the bonds of other com})anies for the pa}'- 
ment of Avliich it may hereafter become liable under any 



218 Acts, 1904. — Chap. 255. 

The Old Colony provisioiis of laM% and for any of the purposes specified in 
co'i^ipaHy'may chapter thi"ee hundred and seventy of the acts of the year 
bonds?ete5'^^*^ nineteen hundred and two, and subject to the provisions 
thereof and of sections sixty-four to seventy, inclusive, and 
of section seventy-four of chapter one hundred and eleven 
of the Revised Laws and of all other general laws applica- 
ble to street railway bonds and mortgages, said Old Colony 
Street Railway Compan}^ may, by vote of a majority in 
interest of its stockholders, at a meeting called for the 
purpose, authorize and issue at one time or from time to 
time coupon or registered bonds payable in periods not 
exceeding fift}^ years from the date thereof and bearing 
interest at a rate not exceeding four per cent per annum, 
and may make a mortgage or mortgages, as security for 
the pajinent of such bonds, of an}' part or all of its rail- 
way, ecjuipment, franchise, and real, personal and other 
property upon such terms and containing such provisions 
as may by vote of the stockholders be approved, and may 
also include in any such mortgage future extensions of its 
railways, rights and easements thereafter vested in said 
company, and property of any and every kind to be there- 
after acquired l^y it, to such extent as may by vote of the 
stockholders be approved. Any mortgage executed under 
authority hereof may be made to secure such an aggregate 
amount of bonds and indebtedness, including bonds to be 
issued or indebtedness to be created subsequent to the 
date of said mortgage, as the stockholders of said company 
may by vote determine, and may provide that such sub- 
sequently issued bonds shall be of the same tenor and date 
and entitled to the same security as those originally issued 
Proviso. thereunder : provided, however, that the aggregate amount 

of bonds actually issued and outstanding thereunder at 
any time, including as a part thereof the amount of any 
bonds held l)y a trustee as hereinafter jn'ovided for the 
refunding of any prior issues of bonds, shall not exceed 
the amount of the capital stock of the company then out- 
standing, and that any bonds, or the proceeds arising from 
the sale thereof, authorized or issued for the })urpose of 
paying, refunding or retiring other bonds or funded in- 
debtedness shall, to an amount e(|ual at the par value 
thereof to the amount of such indebtedness so to be paid, 
refunded or retired, be made applicable exclusively to the 
payment or retirement of such existing funded indebted- 
ness, and shall be deposited Avitli such trust company in- 



Acts, 190^. — Chap. 255. 219 



corporated in this Comnioiiwoalth and doing- business in 
the city of Boston, and untler sucli terms as to tlio d(^posit 
and withdrawal thereof, to be stated in said mortgage, as 
sliall be ai)proved by the board of railroad commissioners. 
No bond shall be issued under authority of this act Rondetobe 

.,, ... 1 1 ,, , " endorsed, etc. 

Without a oertihcate endorsed thereon by some person or 

corporation, ap})oiuted by the railway compan}^ for that 

purpose, that the bond is properly issued and recorded. 

Any mortgage made imder authority of this section shall mortgaKes"^ 

be deemed, for the purpose of record, to be a mortgage 

of real estate, and the record thereof in the registry of 

deeds for each county and each district of any county in 

which any part of the property in said mortgage described 

is situated, Avhether owned by the company at the date of 

said mortgage or acquired subsecjuently thereto, shall be 

a suHicient record for all purposes. 

Section 2. For the purpose of ascertaining the routes company may 
for the location and construction upon private land and enter°ipon^ 
across highway's of the poles and wires which by chapter sur'veys'.'etc? 
two hundred and fourteen of the acts of the year nineteen 
hundred and one the said company is authorized to erect 
and maintain for the transmission of electricity from its 
central generating stations maintained under the authority 
of said act to its various stations for converting high ten- 
sion to low tension electricity now or hereafter established 
by said company along its lines of railway under said au- 
thority, the said company may temporarily enter upon any 
land, in any county in which it is authorized to operate its 
railway, to make surveys for the purpose aforesaid, and Damages. 
shall pay all actual damages to property sustained by any 
person by reason of any such entry, and if the parties in- 
terested cannot agree upon the amount of such damages, 
the same shall be assessed and determined in the manner 
j)rovided in sections ten, eleven and twelve of chapter one 
of the Revised I^aws. 

Section 3. Before entering upon any land under au- Notice to be 
thority of the preceding section, said company shall give owners of 
to the owner thereof at least fourteen days notice of its ' ° ' 
intention to make such entry by depositing in the post 
office, postage prepaid, a written notice of such intention, 
addressed to such owner at his last and usual place of 
al)ode. The certificate of the clerk of the company under 
oath, that such notice has been given as aforesaid, filed in 
the office of the county commissioners for the county in 



220 Acts, 1904. — Chap. 256. 

which the land lies, shall be sufficient proof of such notice, 
Company may and the couutv Commissioners, upon the request of such 

be i-eqmred to - . . , .1 • c l- m 

give security oNvncr, at Ruv time prior to the receipt oi tull compensa- 
mento/*'"^ tlou for aiiv damages sufiered by him, shall require said 
damages, etc. (^Qiiipan}^ to givc sccuritj to their satistaction for the pa}'- 
ment of all damages and costs which may be awarded to 
him by said commissioners ora jiuy, and they may recjuire 
further securit}^ to be given from time to time thereafter 
prior to the payment of such compensation in the manner 
provided in section one hundred and one of chapter one 
hundred and eleven of the Revised Laws. Failm^e hy said 
company to comply with any such requirement shall ter- 
minate any right of entry hereby conferred upon it in 
respect of the land of the owner making said request. 
Section 4. This act shall take effect upon its passage. 

Approved April 23, 1904. 

Chew 256 -^^ ^^^ ^'^ AUTHORIZE THE BOSTON AND NORTHEKN STREET RAIL- 
AVAY COMPANY TO ISSUE BONDS AND EXECUTE A MORTGAGE OF ITS 
RAILWAY, AND TO LOCATE ADDITIONAL POLE LINES. 

Be it enacted, etc., as folloios: 

Ind Nortoern SECTION 1 . FoT the purpose of paying, refunding or re- 
street Railway tiring at or before the time when they matiu-e the whole or 
issue mortgage any part of the bonds and other funded indebtedness here- 
tofore issued by the Boston and Northern Street Railway 
Company or by any company to the franchise and propert}^ 
of which said company has succeeded by purchase or con- 
solidation, all of which purchases and consolidations are 
hereby ratified and confirmed, and for the purpose of uni- 
fying and consolidating from time to time its funded debt, 
and of retiring the bonds of other companies for the pay- 
ment of which it may hereafter become liable under any 
provisions of law, and for any of the purposes specified in 
chapter three hundred and seventy of the acts of the year 
nineteen hundred and two, and subject to the provisions 
thereof and of sections sixty-four to seventh', inclusive, 
and of section seventy-four of chapter one hundred and 
eleven of the Revised Laws and of all other general laws ap- 
l)licable to street railway bonds and mortgages, said Boston 
and Northern Street Railway Company may, by vote of a 
majority in interest of its stockholders, at a meeting called 
for the purpose, authorize and issue at one time or from 
time to time coupon or registered bonds payable in periods 



Acts, 1904. — Ciiap. 256. 221 

not exececlini2: fifty ^eiirs from the date thereof and bear- The Boston 

. , ^ , *' ' , i !• /• i iinil Northern 

luii: interest at a rate not exeeedma- tour per eent per street itiiUway 

*- 1 -J. X' ii' J. x> 1 Company may 

annum, and may, as sceurity tor the payment ot sueli issue mortgage 
bonds, make a mortgage or mortgages of any part or all ^""f"'^' ^'^*=- 
of its railway, equipment, franchise, and real, personal and 
other jiroperty, upon sueh terms and containing .such pro- 
visions, as may by vote of the stockholders be approved, 
and may also include in anj^ such mortgage futui'c exten- 
sions of its railways, rights and easements thereafter vested 
in said company, and property of any and every kind to 
be thereafter accjuired by it, to such extent as may by vote 
of the stockholders be approved. Any mortgage executed 
under authority hereof may be made to secure such an 
aorm-eorate amount of bonds and indebtedness, including 
bonds to be issued or indebtedness to be created subse- 
quent to the date of said mortgage, as the stockholders of 
said company may by vote determine, and may provide 
that such subsequently issued bonds shall be of the same 
tenor and date and entitled to the same security as those 
originally issued thereunder : provided, hoicevev, that the proviso, 
aggregate amount of bonds actually issued and outstand- 
ing thereunder at any time, including as a part thereof the 
amount of any bonds held by a trustee as hereinafter pro- 
vided for the refunding of any prior issues of bonds, shall 
not exceed the amount of the capital stock of the company 
then outstanding, and that any bonds, or the proceeds 
arising from the sale thereof, authorized or issued for the 
jjiu-pose of paying, refunding or retmng other bonds or 
funded indebtedness shall, to an amount equal, at the par 
value thereof, to the amount of such indebtedness so to be 
paid, refunded or retired, be made applicable exclusively 
to the payment or retirement of such existing funded in- 
debtedness, and shall be deposited with such trust company 
incorporated in this Conmionwealth and doing business in 
the city of Boston, and under such terms as to the deposit 
and withdrawal thereof, to be stated in said mortgage, as 
shall be approved by the board of railroad commissioners. 
No bond shall be issued under authority of this act without Bonds to be 

*■ GiiclorsGCl GtC» 

a certificate endorsed thereon by some person or corpora- 
tion appointed by the raihvay company for that purpose, 
that the bond is properly issued and recorded. Any mort^ Recording of 
gage made under authority of this section shall be deemed, 
for the purpose of record, to be a mortgage of real estate, 
and the record thereof in the registry of deeds for each 



222 



Acts, 1904. — Chap. 256. 



Company may 
temporarily 
enter upon 
laud to make 
surveys, etc. 



Damasres. 



Notice to be 
given to 
owners of 
land, etc. 



Company may 
be required 
to give security 
for the pay- 
ment of 
damages, etc. 



county and each district of any county in which any part 
of the property in said mortgage described is situated, 
whether owned b}^ the company at the date of said mort- 
gage or acquired subsequently thereto, siiall be a sufficient 
record for all purposes. 

Section 2. For the purpose of ascertaining the routes 
for the location and construction upon private land and 
across highways of the poles and wu'es which by chai)ter 
two hundred and eighty of the acts of the year nineteen 
hundred and one the said company is authorized to erect 
and maintain for the transmission of electricit}^ from its 
central generating stations maintained under the authority 
of said act to its various stations for convertino; hiofh ten- 
sion to low tension electricity now or hereafter established 
by said company along its lines of railway under said au- 
thority, the said company may temporarily enter upon any 
land, in any countv in which it is authorized to operate 
its railway, to make siu*veys for the purpose aforesaid, and 
shall pay all actual damages to property sustained by any 
person by reason of an}" such entry, and if the pai'ties in- 
terested cannot agree upon the aiuount of such damages, 
the same shall be assessed and determined in the manner 
provided in sections ten, eleven and twelve of chapter one 
of the Revised Laws. 

Sectiox 3. Before entering upon any land under au- 
thority of the preceding section, said company shall give 
to the owner thereof at least fourteen days notice of its 
intention to make such entry by depositing in the post 
office, postage prepaid, a written notice of such intention, 
addressed to such owner at his last and usual place of 
abode. The certificate of the clerk of the compan}^ under 
oath, that such notice has been given as aforesaid, filed in 
the office of the county commissioners for the county in 
which the land lies, shall be sufficient proof of such notice, 
and the county commissioners, upon the request of such 
owner, at any time prior to the receipt of full compensa- 
tion for any damages suffered by him, shall require said 
coni})ain' to give security to their satisfaction for the pay- 
ment of all damages and costs which may be awarded to 
him by said connnissioners or a jury, and they may re- 
quire further securitj^ to be given from time to time there- 
after prior to the payment of such compensation in the 
manner provided in section one hundred and one of chapter 
one hundred and eleven of the Revised Laws. Failure by 



Acts, 1904. — Chaps. 257, 258, 259. 223 

said company to r()ni})ly with any such rccjuircnicnt shall 
terminate any right ol' ontn' hereby conferred upon it in 
respect of the land of the owner making said re(iuest. 
Section 4. This act shall take efi'ect upon its passage. 

Approved April 23, 1904. 

An Act to provide that persons under indictment who are (JJicij),257 

ALLEGED TO BE INSANE MAY BE COMMITTED TEMPORARILY TO 
A STATE INSANE HOSPITAL. 

Be it enacted, etc., as folloios : 

Section 1. Chapter two hundred and nineteen of the r. l. 219, §§ ii, 
Revised Laws is hereby amended by striking out sections i-- -""enc e. . 
eleven and twelve and inserting in place thereof the fol- 
lowino- : — Section 11. If a person under indictment for certain per- 

. , ,, . • 2 ^ f j^ • ^ < i.' sons under 

anvcrmie is at the tune appointed tor trial, or at any tune indutment 
prior thereto, found by the court to be insane, or is found mutecUoT' 
by two experts in insanity designated by the coiu-t to be bo^gpitaf ^ 
in such mental condition that his committal to an insane 
hospital is necessary for the proper care or for the proper 
observation of such person, pending the determination of 
his insanity, the court may cause him to be committed to 
a state insane hospital for such time and under such limi- 
tations as the court may order. 

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

Approved April 25. 1904. 

An Act to authorize an annual expenditure for clerical QJici7).2dS 
assistance by the clerk of the police court of chelsea. 

Be it enacted, etc., as follows : 

Section 1 . The clerk of the police court of Chelsea clerical 
maA^ annually expend a sum not exceeding six hundred """^ '*'^*^^' 
dollars for clerical assistance in his office. 

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

Approved April 25, 1904. 

An Act to include the towns of ashburnham, lunenburg and niinj) 259 

PRINCETON WITHIN THE JUDICIAL DISTRICT OF THE POLICE COURT 
OF FITCHBURG. 

Be it enacted, etc., as follows : 

Section 1. The towns of Ashburnham, Lunenburg and ^^^'^[|j.*g"°o'^urt 
Princeton are herebv annexed to and made a part of the of Fitchburg. 



224 



Acts, 19(M. — Chap. 260. 



judicial district of tlae police court of Fitchburg. But this 
act shall not aftect any suit or other proceeding pending 
at the time when it takes effect. 
^P^^^' Section 2. So much of chapter one hundred and sixty 

of the Revised Laws as is inconsistent herewith is hereby 
repealed. 

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

Apjiroced April 25, 1904. 



(JJiar}.2Q0 ^ ■^^'^ '^^ EXTEND THE POAVERS OF THE BROCKTON UNION 

CEMETERY. 



The Brockton 
Union Ceme- 
tery may take 
and hold 
grants, 
bequests, etc. 



Corporation 
may give an 
agreement in 
certain cases, 
etc. 



Investments. 



Be it enacted, etc., as follows : 

Section 1. The Brockton Union Cemetery, organized 
under the general laws in the year eighteen hundred and 
forty-eight, is hereby authorized to take and hold any 
grant, gift or bequest of property upon trust, and, accord- 
ing to the terms of such grant, gift or bequest, to apply 
the property or the income thereof to the improvement, 
embellishment or enlargement of said cemetery, or for the 
care of any lot therein, or for the erection, repair, preser- 
vation or renewal of any monument, fence or other struc- 
ture therein, 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 pur- 
poses for which said cemetery was established. 

Section 2. Whenever any such grant, gift or bequest, 
or any deposit or payment of money shall be made by the 
owner of, or by any person interested in, anj^ lot in said 
, cemetery, for the annual repair, preservation or embellish- 
ment of such lot and the structures therein, the said cor- 
poration may give to such owner or person an agreement 
or obligation in such form and U})on such conditions as it 
may establish, binding itself and its successors to keep in 
repair, to preserve or to embellish such lot and the struc- 
tures therein forever, or for any such period as may be 
agreed upon. 

Section 3. Any sums of money received as aforesaid 
by said corporation shall be invested only in those securi- 
ties in which savings banks in this Commonwealth are 
authorized to invest by laws now or hereafter in force. 

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

App7'oved April 25, 1904. 



Acts, 1904 — Chap. 2G1. 225 



Ax Act kelative to the taxation of business corporations. fJJiaqj 9(31 

Be it enacted^ etc., as foUoivs : 

Section' 1. Section seventy-four of chapter four hun- wo,?, 437, § 74, 
drod iind thiitj'-scven of the acts of the 3'ear nineteen hun- '""^"'^'^'^ ■ 
dred and three is hereby amended by striking out the word 
" not"', in the twenty-tliird line, so as to read as follows : 
— Section 74. Every domestic cori^oration which is sub- Taxation of 

.. " 1. t • 111- value of cori^o- 

ject to the provisions 01 this act shall in each year jmy to rate franchise. 
the treasurer and receiver general a tax upon the value of 
its corporate franchise, after making the deductions pro- 
vided for in section seventy-two, at a rate to be determined 
by an apportionment of the whole amount of money to be 
raised l\v taxation upon property in the commonwealth 
during the same year as returned by the assessors of the 
seveml cities and towns under the provisions of section 
ninety-three of chapter twelve of the Revised Laws, after 
deducting therefrom the amount of tax assessed upon polls 
for the preceding year, as certified to the secretary, upon 
the aggregate valuation of all cities and towns for the pre- 
ceding year as returned under sections sixty and sixty-one 
of said chapter of the Revised Laws. But the said tax Tax not to 
upon the value of the corporate franchise after making the Imountr'^ '^^° 
deductions provided for in section seventy-two, shall not 
exceed a tax levied at the rate aforesaid upon an amount, 
less said deductions, twenty per cent in excess of the value, 
as found by the tax commissioner, of the real estate, ma- 
chinery and merchandise, and of securities which if owned 
by a natui*al person resident in this commonwealth would 
be liable to taxation ; and the total amount of tax to be Tax not to be 
paid by such cor})()ration in any year upon its property tain amount." 
locally taxed in this commonwealth and upon the value 
of its corporate franchise shall amount to not less than one 
tenth of one per cent of the market value of its capital 
stock at the time of said assessment as found by the tax 
commissioner. If the return ivom. any city or town is not 
received prior to the twentieth day f)f August, the amount 
raised by taxation in said city or to\vn for the preceding 
year, as certified to the secretary of the commonwealth, 
may be adopted for the purpose of this determination. 
Sectiox 2. This act shall take eftect upon its passage. 

Approved April 25, 1904. 



226 



Acts, 1904 — Chaps. 262, 263. 



Care, etc., of 
the village 
cemetery in 
Falmouth. 



ChclT)-^^^ ^^ ^^^ KELATIVE TO THE VILLAGE CEMETERY IX THE TOAVX OF 

FALMOUTH. 

Be it enacted^ etc. , as foUoivs : 

Section 1. The corporation known as the "\A^ardens and 
Vestry of the Church of the Messiah of Woods Hole, Massa- 
chusetts, situated in the town of Fahnouth, is hereby au- 
thorized to care for and control the tract of land in that 
part of the town of Falmouth called Woods Hole which is 
known as the villao^e cemetery, and which is bounded on the 
east, west and north by the cemetery of the church of the 
Messiah, and on the south by land of Francis C. Foster. 
The said corporation may make all reasonal)le rules for the 
management and protection of the said tract, and may 
erect thereon any structm'e that may be necessary or con- 
yenient for its preservation, embellishment or improve- 
ment. Xothing herein shall affect the rights of any person 
holding title to the said village cemeterj^ or to any part 
thereof. 

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

Approved April 23, 1904. 



Eights of cer- 
tain persons 
not afiected. 



OJlClV.'2()3 -^^ -^CT KELATIVE TO THE ISSUE OF BONDS OK NOTES BY THE 

TKEASUKER OF THE COMMONWEALTH. 

Be it enacted., etc., as follows : 

^ertaiTilonds Section 1. Whenever any bouds or notes of the Com- 
or notes issued moii Wealth, uiatui'lng at a longer time than one year from 
monweaith. their date, are to be issued, except such l^onds or notes as 
ma}^ be issued for the purposes of investment of cash in 
any of the sinking or other established funds of the Com- 
monwealth, the ti'easurer of the Commonwealth shall in- 
vite proposals therefor by advertisement, which shall be 
published at least ten days before the time for receivins: 
the proposals, in not less than four daily papers published 
in the Commonwealth, at least two of which shall be pub- 
lished in the city of Boston, and in not less than one paper 
published in the city of New York. Such advertisements 
shall state the time and place for opening the proposals in 
answer thereto, and shall reserve the right to reject any 
or all proposals. The proposals shall be opened in public 
by the treasurer of the Commonwealth at the place speci- 
fied in said advertisements, and in the presence of such 



Acts, 11)01. — Chaps. 2(34, 265. 227 

of those who have made the proposals as may desire to 
attend. If no i)rot)Osal is accepted the whole or an}- part 
of the loan may be awarded to any person. 

Sectiox 2. Every bidder, as a condition precedent to Deposits to be 
the reception or consideration of his proposal, shall deposit ""^ ^' ^ ^" 
with the treasurer of the Commonweahh a sum of money or 
a certified check drawn to the order of the treasurer upon 
some state or national bank or trust company doing busi- 
ness in this Commonwealth or in the city of New York. 
The amount of the money or check so to be deposited 
shall be fixed l)y the treasurer, but shall not exceed two 
and one half per cent of the amount proposed. 

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

Approved April 25, 1904. 



Ax Act to extexd the jukisdiction of the police court of 

LOWELL. 



Cha2J.264: 



Be it enacted, etc., as folloivs : 

Section 1 . The towns of Tewksbury, Billerica, Dracut, Joil^eSn of 
Chehnsford, Dunstable and Tyngsborough in the county lowcil 
of Middlesex are hereby annexed to and made a part of the 
judicial district and subject to the jurisdiction of the police 
court of Lowell ; but this act shall not affect any suit or Pending suits, 
other proceeding now pending before any justice or court affected. 
having jurisdiction of the same. 

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

Appjroved April 25, 1904. 

Ax Act to extexd the authority of the board of railroad ni^nn '^(i't! 

COMMISSIOXERS OVER CERTAIN STEAMSHIP COMPANIES. 

Be it enacted, etc., as folloics : 

Section 1. Chapter one hundred and seventv-three of i903, i73,§i, 

• iinii"-ii amended. 

the acts of the year nineteen hundred and three is hereby 
amended by striking out section one and inserting in place 
thereof the folio wins' : — Section 1. The board of railroad Authority of 

~ board of rail- 

commissioners is hereby empowered and directed to per- roadcommis- 
form the same duties in respect to steamship companies tended to cer- 
serving as common carriers throughout the year between companies^ ^^ 
two or more ports of this Commonwealth, including the 
regulation of rates for transporting freight or passengers, 
and including other matters affecting the security or con- 
venience of the public, which the said board is now or may 



228 



Acts, 1904. — Chaps. 266, 267. 



hereafter be empowered to perform in the case of raih-oads 
or railways. 

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

Approved April 25, 1904. 



Chap.266 



Certain agree- 
ment between 
the city of 
Boetori and 
the Boston 
Terminal 
Company 
confirmed. 



An Act to confirm a certain agreement betaveen the city 
of boston and the boston terminal company relating to 
the construction of cove street bridge. 

Be it enacted, etc., as follows : 

Section 1. The agreement signed by the mayor of the 
city of Boston, assmning to act for that city, and by the 
vice-chairman of the Boston Terminal Company on behalf 
of the president of that company, assuming to act for that 
company, relating to the construction of Cove Street 
bridge, so-called, over the lands of said company, and 
dated ^larch twelve, nineteen hundred and four, is hereby 
ratified and confirmed as a contract between the city of 
Boston and said terminal company, and the city and com- 
pany may do the things therein agreed upon and as therein 
specified. 

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

Apijroved April 25, 1904. 



Cliap.mi 



Conditions to 
be yiriuted on 
transfer 
tickets. 



Penalty for 
illegal "use, 
etc., of 
transfer 
ticliets. 



An Act relative to transfer tickets issued by street rail- 
way COMPANIES. 

Be it enacted, etc., asfolloics: 

Section 1. All street railway companies shall cause to 
be printed on the transfer tickets issued by them to pas- 
sengers the conditions under which such tickets may be 
used. 

Section 2. Whoever uses a transfer ticket in violation 
of any such condition, or whoever uses or attempts to use 
a transfer ticket not issued to him, or whoever for value 
disposes of or attempts to dispose of a transfer ticket issued 
to him to any other person, or whoever for value delivers 
or attempts to deliver a transfer ticket not issued to him 
to any person, shall be punished by a fine not exceeding 
fifty dollars or by imprisonment for a term not exceeding 
thirty days. Approved April 25, 1904. 



Acts, 1901. — Chars. 208, 269. 229 



An Act to establish the salauy op^ the executive secue- (JJian.2(jS 

TAKY OF the GOVEUNOK AND COUNCU.. 

Be it enacted, etc., asfolloics: 

Sectiox 1. The annual salary of the executive secre- Executive 
taiy of the governor and council shall be twenty-five hun- laiary!'"' 
drcd dollars, to be so allowed from the first day of January 
in the year nineteen hundred and four. 

Section 2. So much of section six of chapter four of Repeal. 
the Revised LaAvs as is inconsistent herewith is hereby 
repealed. 

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

Apirroved Jipril 27, 1904. 



An Act to provide for the protection and cultivation of z^/,^,^^ orjq 

QUAHAUGS IN THE TOWNS OF EASTHAM, ORLEANS AND WELL- ^ 

FLEET. 

Be it enacted, etc., as follows : 

Sectiox 1 . No person shall take quahaugs from their Taking, etc., 
natural beds, or wilfully obstruct or interfere with such certafn^tolns" 
natural beds, within the towns of Eastham, Orleans and restricted. 
"Wellflect, except as hereinafter proA'ided. 

Section 2. No inhabitant of said towns shall sell or saie, etc., of 
offer for sale little neck clams or quahaugs which measure ciams^or 
less than one and one half inches across the widest part, iha^S^'ceftain^^ 
and no person shall in an}^ of said towns sell or ofler for ^^'ited.°" 
sale little neck clams or quahaugs which measure less than 
one and one half inches across the widest part. 

Section 3. The selectmen of any one of said towns selectmen may 
may give to any inhabitants of any of said towns permits fake quahaugs" 
in writing to take quahaugs from their beds in the town 
which the selectmen represent, at such times, in such 
quantities and for such uses as they shall deem expedient. 
Such permits shall be good for such time as the selectmen 
may determine, not exceeding one year. Any inhabitant ^o^ns'^mav^t!ake 
of the Commonwealth may without such permit take from quaiiaugs with- 

, . '' \ out permit. 

the natural beds in said towns quahaugs tor the use ot his 
family, not exceeding in quantity one bushel, including 
shells, in any one day ; and any fisherman may without 
such permit take quahaugs from the natural beds in his 
own town for bait for his own use, not exceeding in quan- 
tity one bushel, inchiding shells, in. any one day. 



230 



Acts, 1904. — Chap. 270. 



Section 4. The selectmen of the said towns 



in 



Permits may ^SECTION 4. llic Selectmen oi tiie saiQ towns may, 

be granted to .. . •. r- i 

bed (juaimugs, their respective towns, grant ncenses or permits tor such 
periods, iiot exceeding two years, and under such condi- 
tions as they may deem proper, not however covering 
more than seventy-five feet square in area, to any inhabit- 
ants of the town to bed cjuahaugs in any waters, flats and 
creeks within the town at any place where there is no 
natural quahaug bed, not impairing the private rights of 
any person or materially obstructmg any navigable waters. 
It shall be unlawful for any person, except the licensee 
and his agents, to take any quahaugs in or remove them 
from the territory covered by any such license. 

Section 5. Whoever violates any provision of this act 
or of any regulation made by the selectmen under authority 
hereof shall be punished by a fine of not more than one 
hundred dollars or by imprisonment for not more than six 
months, or by both such fine and imprisonment. 

Section 6. So much of section eighty-five of chapter 
ninety-one of the Kevised Laws as is inconsistent herewith 
shall not apply to the said towns. 

Section 7. This act shall take efi^ect in any of said 
towns only upon its acceptance by a majority of the voters 
thereof present and voting thereon at a meeting called for 
the purpose. Approved April 28, 1904. 



Penalty. 



Certain pro- 
visions of law 
not to apply. 



"When to take 
eifect. 



(yjian.2i70 ^^^ '^'^"^ '^** COXFIRil THE PROCEEDIXGS OF THE AXXUAL MEETIXG 
OF THE TOWX OF ERVIXG IX THE TEAR XIXETEEX HUXDRED 
AXD FOUR. 

Be it enacted, etc., as folloivs : 

^nS^m^t-^* Section 1. The proceedings of the town of Erving at 
ingoftownof its annual meetiiiir in the year nineteen hundred and four 

i^rvinff" coil- * *^ 

firmed. shall iiot be invalid by reason of the omission to call said 

meeting to order at the time named in the warrant there- 
for, or within one hoiu* thereafter ; nor l)y reason of the 
failure to open the polls for the election of town officers 
of said meeting as early as the hour of tAvelve o'clock, 
noon ; nor by reason of the omission to keep open the 
polls for the election of town officers at said meeting at 
least four hours ; and the proceedings of the town at said 
meeting, so far as their validity may be affected by the 
informalities aforesaid, are hereby confirmed and made 
valid. 

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

Approved xipril 29, 1904. 



Acts, 1904. — Chaps. 1271, 272, 273. 231 



Ax Act to autiiokize fuatkkxal ukxekiciaky organizations C'l^riq-f 97I 
TO pay to a iusband, upon the death oe his wife, a 
portion oe a death or funeral benefit I'ayable at his 
own death. 

Be it enacted, etc., as folloios: 

Sectiox 1. In the event of the death of the wife of a Portion of 
member of any such fraternal organization as is designated at al'/itirof'^''^*' 
in section twelve of chapter one hundred and nineteen of bepaum""^ 
the Revised Laws, a portion of the amount payable at the dejith of wife, 
death of such member may be paid to him : provided, that Proviso, 
the amount so paid shall be deducted from the amount 
pa}'able at the member's death, and that the total amount 
so paid either at the death of the member or of the mem- 
ber's wife shall not exceed the amount allowed by said 
section twelve to be paid at the death of a member. 

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

Approved April 29, 1904. 

An Act relative to a uniform for the officer in attend- rtj^f^j^ 970 

ANCE UPON the SESSIONS OF THE PROBATE COURT AND COURT 
OF INSOLVENCY FOR THE COUNTY OF SUFFOLK. 

Be it enacted, etc., asfoUotvs: 

Sectiox 1. The oiEcer in attendance upon the sessions uniform for 

officer iu 



mce 

sessions 
ate 



of the probate court and court of insolvency for the county attendu 
of Suflblk shall receive from said county one hundred dol- of prob 
lars, annually, in addition to his salary, to provide a uni- fo" suloik 
form which he shall wear while in attendance on said county. 
courts. 

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

Appyroved Ap)ril 29, 1904. 

An Act to authorize the laying of water pipes or mains f^-j 970 

UNDER OR OVER TIDE WATER. -^" 

Be it enacted, etc. , as follows : 

Section 1 . The metro]:)olitan water and sewerag-e board , Certain water 

,, >■ .. ' . J pipes or mams 

and the water board, water commissioners or superintend- may be carried 
ent of any city or town in the metropolitan water district, tidewaters, 
in exercising the powers or discharging the duties conferred ^^^' 
or imposed by chapter four hundred and eighty-eight of 
the acts of the year eighteen hundred and ninety-five and 



232 



Acts, 190i.— Chaps. 274, 275. 



acts in ainendment thereof and in addition thereto, may 
carry and conduct any aqueduct, conduit, pipe, drain or 
wire under or over tide waters or the waters of Boston 
harbor by such methods and in sucli manner as the board 
of harbor and land commissioners shall approve. 

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

Approved April 29, 1904. 



Cha2x274: 



Persons com- 
mitted to 
almshouses, 
etc., for 
criminal 
offences to be 
conflnert in 
separate 
quarters, etc. 



Peualtv. 



To take effect 
October 1, 1904. 



Ax Act relative to the custody of persons committed to 

WORKHOUSES OR ALMSHOUSES FOR CRIMINAL OFFENCES. 

Be it enacted, etc., asfoUoics: 

Section 1. Persons committed to any workhouse or 
almshouse established under the provisions of section one 
of chapter thirty of the Revised Laws, for vagrancj^ drunk- 
enness or petit larceny, or as night walkers, rogues or vaga- 
bonds, or for an}^ other oflence against the laws of the 
Commonwealth, shall be confined in separate and distinct 
quarters in such workhouse or almshouse and shall not be 
permitted to associate or communicate with the pauper 
inmates thereof. 

Section 2 . Any officer or other person having authority 
in or over any workhouse or almshouse as aforesaid, who 
kno^vingly violates the provisions of this chapter, shall be 
punished by a fine of not more than three hundred dollars 
or by imprisonment for not more than six months, or by 
both such fine and imprisonment. 

Section 3. This act shall take elfect on the fii'st day of 
October in the year nineteen hundred and four. 

Approved April 30, 1904. 



Cha2:>.275 



R. L. 11, § 109, 
amended. 



Caucuses ; 
information 
concerning 
candidates for 
elective offices. 



An Act relative to nomination papers. 

Be it enacted, etc. , as follows : 

Section 1. Section one hundred and nine of chapter 
eleven of the Revised Laws is hereliy amended by striking- 
out the words "or any other information whereby his 
identity may be established, and ", in the fourth and fifth 
lines, so that the first sentence of said section will read as 
follows : — Section 109. The nomination paper for an 
elective office shall give the name of the candidate, the 
street and number, if any, of his residence, and may, in 
not more than eight words, state his occupation, the public 



Acts, lOOi. — Chaps. 27G, 277. 233 

offices ho has held, his (jualificiitions for the office to be 
filled, or his position on any public uieusurc. 

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

A2)2n'Oved April 30, 1904. 

Ax Act to authokize tue toavn of avuitmax to make an (JJf(ip^2i7Q 

ADDITIONAL WATER LOAN. 

Be it enacted, etc, as folloivs : 

Section 1. The town ofWhitman, for the purposes whitman 
mentioned in section nine of chapter three hundred and 
fifty-six of the acts of the j^ear eighteen hundred and 
ninety-nine, may issue notes, bonds or scrip, to be denomi- 
nated on the face thereof, Whitman Water Loan, to an 
amount not exceeding twenty thousand dollars in addition 
to the amounts heretofore authorized by law to be issued 
by said town for the purpose of supplying itself and its 
inhabitants with water. Such notes, bonds or scrip shall 
be issued upon the terms and conditions and with the 
powers S})ecified in chapter one hundred and fifty-two of 
the acts of the year eighteen hundred and eighty-three for 
the issue of the South Abington water loan : j^^'ovided, rroviso. 
that the whole amount of such notes, bonds or scrip issued 
by said town, together with those heretofore issued by the 
town for the purpose of supplying itself and its inhabitants 
Avith water, shall not in any event exceed the amount of 
one hundred and twenty thousand dollars. 

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

Approved Ajml 30, 1904. 

An Act uelative to prosecutions fok violations of town /^7,/vii 977 

BY-LAWS. 

Be it enacted, etc., as foUoics : 

Section 1 . Section seventy-four of chapter twenty-five r. l. 25, § 74, 
of the Revised LaAvs is hereby amended by striking out '""'^^ 
the word " shall", in the first line, and inserting in place 
thereof the Avord : — may, — so as to read as folio avs : — 
Section 74. Ho may prosecute for trespasses committed I'roseoutions 

, '' I 1. for tresiiasses 

on a ])ublic building or enclosure belonging to the town : on puimc 
and if a public building is owned partly by the toAvn and 
partly b}^ the county, such prosecution maybe made either 
by the tOAvn or county treasurer, Avhoever first institutes 
the same. 



234 



Acts, 1904. — Chaps. 278, 279. 



Prosecutions 
for lines and 
forfeitures, 
etc. 



Section 2. The chief or superintendent of police, or 
other police officer of a town, or the town treasurer, may 
prosecute for all fines and forfeitures inuring to the town, 
and may also prosecute for trespasses committed in any 
public building or enclosure within the town limits. If a 
public building is owned partly by the town and partly by 
the county such prosecution may be made by the town or 
county treasurer, whoever first institutes the same. 

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

Approved Ap>ril 30, 1904. 



CjIuIT) 278 ^^ ^^^ RELATIVE TO THE TRANSFER AND COMMITMENT OF INSANE 

PERSONS TO THE STATE HOSPITAL. 

l^e it enacted, etc., as folloivs : 

Section 1 . The wards of the state hospital heretofore 



Care, etc., of 
insane at state 
hospital. 



Commitment 
of insane 
inmates. 



used for the care of the insane, and such other wards as it 
may be found necessary to use for that purpose, shall be 
deemed to be wards of the state hospital, and the state 
board of insanity shall have the same authority with regard 
to the transfer of insane inmates of such wards which it has 
over inmates of other public institutions or receptacles for 
the insane, under the provisions of section eighty-seven of 
chapter eighty-seven of the Revised Laws. 

Section 2. Any inmate of the state hospital who may 
be found to be insane may he committed to the state hospi- 
tal in the same manner in which commitments of insane 
persons to insane hospitals are made. 

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

Approved April 30, 1904. 



ChciV.^ilQ An Act to authorize the city of salem to take certain 

LANDS OR FLATS FOR THE ABATEMENT OF A NUISANCE AND FOR 
rCBLIC PARKS AND PLAYGROUNDS. 

Be it enacted, etc., as follows : 

Section 1. The city of Salem ma}^ take in fee, b}" pur- 
chase or otherwise, such lands or flats in that part of Salem 
harbor in said city lying westerly of a line drawn from the 
most easterly part of Pickerings point to the most easterly 
part of Long point, and such lands or fiats in Collins cove 
in said city lying southerly or southwesterly of the north- 
erly line of Pierce avenue extended easterl}^ to Salem neck, 
as it may deem necessary for the purpose of abating or 



City of Salem 
may take cer- 
tain lands for 
abatement of 
nuisance and 
for puVjlic 
parks, etc. 



Acts, 1901. — Chap. 279. 235 

preventing any nuisance in said cove and in the aforesaid 
\yAVt of the said harbor, and of constructing one or more 
})ublic parks and })laygrounds ; and may malvc sucli exca- 
vation and lilling, and erect and maintain sucli structures 
in and upon any lands or flats purcliased or talven here- 
under, and in and over the area of any tide waters within 
the limits of such lands or flats, as it may deem necessary 
for said puri)oses : provided, however, that no land shall Proviso. 
be taken, or any other thing involving an expenditure of 
money done, until an appropriation sufiicient for the esti- 
mated expense thereof shall have been made by a vote of 
two thu"ds of the members of each branch of the city 
council. 

Section 2. Said city shall within sixty days after the Desniption of 
taking of any lands or flats hereunder, otherwise than by be recorded." 
purchase, file and cause to be recorded in the registry of 
deeds for the southern district of the county of Essex a 
description thereof, sufliciently accurate for identification, 
with a statement signed by the mayor that the same are 
taken in the name and behalf of said city under the pro- 
visions of this act ; and the filing thereof shall be sufficient 
notice to all persons that the same have been so taken. 

Section 3 . Said city shall pay all damages to property Damages. 
sustained by any person or corporation by the taking of 
any lands or flats, or by any other thing done by it under 
authority hereof. And if the city and such person or cor- 
poration cannot agree as to the amount so to be paid said 
person or corporation may file a petition against said city 
in the superior court of the county of Essex for a jury to 
determine said damages ; and thereupon the same proceed- 
ings shall be had as are provided in case of application for 
a jury by persons dissatisfied with the damages awarded 
for land taken for the la3dng out of highways : provided, Proviso. 
that no such application for a jury shall be made after the 
expiration of one year after the taking of such lands or 
flats or the doing of other injury under the authority of 
this act. 

Section 4. In every case of a petition for a jury as city may offer 
aforesaid said city may at anytime file in court an oficrin as^ciamages^,""^ 
^\Titing to pay the petitioner a sum therein specified as '^''^• 
damages, and if he does not accept the same within ten 
days after notice of such oflTer, and does not finally recover 
a g-reater sura than is so ofiered, not including interest, 
the city shall be entitled to recover its costs from said 



236 



Acts, 190i. 



Chap. 280. 



City may lay 
out streets or 
ways, etc. 



Plans, etc., 
to be approved 
by harljor aud 
land commis- 
sioners, etc. 



Certain pro- 
visions of law 
to apply. 



Lands to be 
taken, etc., 
within five 
years. 



When to take 
effect. 



date, and the petitioner if he recover.-; damages shall be 
entitled to costs only to the date of the otfer. 

Section 5. Said city nia}' lay out in the manner pro- 
vided ])y its charter an}^ streets or Ava3^s upon and over an}' 
lands or flats purchased or taken hereunder, and may sell 
and convey or otherwise dispose of any parts of such lands 
and flats not required for the purposes aforesaid or for 
other public uses. 

Section G. Said city before commencing to excavate 
or fill any lands or flats taken under the authority of this 
act, or to erect any structures thereon, shall give written 
notice to the board of harbor and land commissioners of 
the proposed work, and shall submit to said board plans 
showing the mode in which the work is to be performed ; 
and no such work shall be begun until the plans and the 
mode of })erforming the work have been approved in \yYit- 
ing by said board ; and all such work shall be executed 
under the supervision of said board. 

Section 7. The provisions of chapter twenty-eight of 
the Revised Laws, relative to the improvement, use and gov- 
ernment of public parks, shall apply to such land acquired 
under the provisions of this act as shall, by vote of the city 
council of said city, l)e appropriated to the uses of a public 
park or public playground. 

Section 8 . The authority herein granted shall cease if 
no part of the lands or flats hereby authorized to be taken 
have been taken and improvements thereon begun within 
five years after the date of the passage of this act. 

Section 9. This act shall take eflect upon its accept- 
ance by the city council of said city. 

Aj^proved April 30, 1904. 



(JJiaV.'2S0 "^^ ^^'^ '^•* AUTHOKIZE THE TOWN OF GKEAT BAKRIXGTON TO 
IJEMOVE HLMAX KEMAIXS FROM AX OLD GRAVEYARD IN THE 
VILLAGE OF HOUS.^TONIC. 

Be it enacted, etc., as follows : 

Til7^inAm^^^ Section 1. The town of Great Barrington may, at its 
may remove owii cxpcnsc, causc all human remains to be removed from 

human iii ^ ni- t 

remains from tlic old gravcyai'd, so-called. Situated near the centre of 
gnveyar . ^^^^ village of Housatonic in said town, and may inter such 
remains in the lower cemetery, so-called, in said village of 
Housatonic. 



Acts, 1904. — Chaps. 281, 282. 237 

Section' 2. The hind from Avhicli the said remains are Laud to revert 
removed shall revert to tlie town of (Jrcat Barrington. 

Section ;>. This aet shall take etfeet upon its accept- eifcc"/^^^^*^ 
ance by a majority of the voters of said town present and 
votino- thereon at any annual town meeting, or at any 
special town meeting called for the purpose. 

Approved April 30, 1904. 



^^ Chap.2Sl 



Ax Act lacL.vTivE to additional ( lkkical assistance in the 

OFFICE OF THE RECilSTEK OF I'liOBATE AND INSOLVENCY FOU 
THE COUNTY OF ESSEX. 

Be it enacted, etc., as foUoics : 

Section 1. The register of ])robate and insolvency for Register of 
the county of Essex shall be allowed, in addition to the m\"otve^ucy, 
amount now allowed by law, a sum not exceeding eight ^lertaiT""*^' 
hundred and fifty dollars per annum for clerical assistance assistance. 
actually rendered, to be paid out of the treasury of the 
Commonwealth upon the certificate of the judge of probate 
and insolvency for said county. 

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

Apijroved April 30, 1904. 



An Act kelative to the pkopagation and cultivation of 

shellfish. 



' Chap.2S2 



Be it enacted, etc., as follows: 

Section 1. Cities by a two thirds vote of each branch cities and 
of the city council in cities having a common council and make^appro- 
a board of aldermen, or by a two thirds v(jte of the board the'rukivat'k.n, 
of aldermen in cities not haviuo; a common council, and %^''r '^^ '*''*^"" 
towns by a two thirds vote of the voters present and voting 
thereon at any town meeting called for the purpose, may 
appropriate money for the cultivation, propagation and 
protection of shellfish. The mayor and aldermen of cities, close season 
and the selectmen of towns, when so authorized by their declared. 
respective cities and towns, may declare from time to time 
a close season for shellfish for not more than three years in 
such waters or flats within the limits of their respective 
cities and towns as they deem proper, and may plant and 
grow shellfish in such waters and flats : provided, that no Provisos. 
private rights are impaired: ?in& provided, further, ihsit 
when any close season, declared as aforesaid, shall have 



238 



Acts, 1904. — Chap. 283. 



Penalty, etc. 



Jurisdiction of 
ofiences. 



ended, the flats and ^vaters so closed shall be opened sub- 
ject to the provisions of section eightj^-five of chapter 
ninety-one of the Kevised Laws, and of any special laws. 

Section 2. Whoever takes shellfish in violation of the 
j)rovisions of this act shall forfeit not less than three nor 
more than fifty dollars. Any oiEcer qualified to serve 
criminal process, and special constables, designated under 
the provisions of section one hundred and thirty-four of 
chapter ninety-one of the Revised Laws, shall have power 
to enforce the provisions of this act, Avith all the powers 
conferred by said section. 

Section 3. District courts and trial justices shall have 
concurrent jurisdiction with the superior court of all 
offences under this act. 

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

Approved April 30, 1904. 



R. L. 10-2, § 151, 
etc., amended. 



CJlCtp.2S3 ^^ "^C^ RELATIVE TO DAMAGES FOR INJURIES CAUSED BY DOGS 

TO DOMESTIC ANIMALS. 

Be it enacted, etc., as folloivs : 

Section 1 . Section one hundred and fifty-one of chapter 
one hundred and two of the Revised Laws, as amended by 
section one of chapter one hundred of the acts of the year 
nineteen hundred and three, is hereby further amended by 
striking out all after the word " dollars ", in the fifteenth 
line, to and including the word " thereof", in the eight- 
eenth line, and inserting in place thereof the words : — the 
damage shall be appraised, under oath, by three persons, 
of whom one shall be such officer of police or chairman, 
oue shall be appointed by the person alleged to be damaged, 
and the thu"d shall be appointed by the other two, — also 
by inserting after the word "them", in the forty-fourth 
line, the words : — and also twenty cents a mile one way 
for their necessary travel, — so as to read as follows : — 
Section 151. Whoever suffers loss by the worr^dng, maim- 
ing or killing of his sheep, lambs, fowls or other domestic 
dogrto'd'omes- animals by dogs, outside the enclosure of the owners or 
keepers of such dogs, may, if the damage is done m a cit}^, 
inform the officer of police of said city who shall be desig- 
nated to receive such information by the authority appoint- 
ing the police, and, if the damage is done in a town, may 
inform the chairman of the selectmen of the town wherein 
the damage was done, who shall proceed to the premises 



Payment of 
damages for 
injuries 
caused bv 



tic animals. 



Acts, 190i. — Chap. 283. 239 

where the daiiiaae was done and determine whether the payment of 
same was intlicted by dog.s, and if .so, ai)})rai.se the amount u^lm-u^^ ^'^^' 
thereof if it does not exceed twenty dollars. If in the ;i',',"s' n/lioines- 
opinion of said officer of police or chairman the amount tk nuimais. 
of said damaoe exceeds twent}- dollars, the damage shall 
be appraised, under oatli, by three persons, of whom one 
shall be such officer of police or chairman, one shall be 
appointed by the person alleged to be damaged, and the 
third shall be appointed by the other two. The said ap- 
praisers shall also consider and include in such damages 
the labor and time necessarily expended in the finding and 
collecting of the sheep, lambs, fowls or other domestic 
animals so injured or separated and the value of those lost 
or otherwise damaged by dogs. The said officer of police 
or chairman shall retiu^n a certificate of the damages found, 
except in the county of Suliblk, to the treasurer of the 
county in Avhich the damage is done, within ten days after 
such appraisal 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 appraisers and all parties inter- 
ested 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 hands 
standing to the credit of the dog fund is sufficient there- 
for ; otherwise, he shall pay such amount pro rata upon 
such orders in full discharge thereof on demand. The CompeDsation 
appraisers shall receive from the county, or in the county ^j^.'^'pp^'"*'^'^'"*' 
of Suffolk, from the city or town treasurer, out of the 
money received under the provisions of this chapter relat- 
ing to dogs, one dollar each for every such examination 
made by them, and also twenty cents a mile one way for 
their necessary travel ; 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. 

Aj)proved April 30, 1904. 



240 Acts, 1904. — Chaps. 284, 285. 

Chan. 2S4: ^^ -^^^ ^^ rROviDE for the construction of new buildings 

AND FOR CERTAIN ADDITIONS AT THE JIEDFIELD INSANE ASYLUM. 

Be it enacted, etc., as foUoics : 
Medfieid SECTION 1. Ill Order to provide additional accommo- 

insane asylum. . , . i ^r i • i i • 

dations tor the insane at the Medheld insane asyluiu the 
trustees thereof are authorized to expend a sum not ex- 
ceeding one hundred and eight thousand dollars, for the 
following purposes : — For constructing and furnishing a 
building for disturbed patients, a sum not exceeding ninety 
thousand dollars ; for enlarging dining rooms and adding 
rooms for employees, a sum not exceeding eighteen thou- 
sand dollars. 
in*'sane Asylum SECTION 2. To luect the expenditures hereby author- 
Loan, ized the treasurer and receiver general, with the approval 
of the governor and council, shall issue scrip or certiticates 
of indebtedness to an amount not exceeding one hundred 
and eight thousand dollars, as an addition to the Medfield 
Insane Asylum Loan, and shall add to the existing sinking 
fund to provide for the payment of the same. Such scrip 
or certificates of indelitedness shall be issued as registered 
bonds, and shall bear interest at a rate not exceeding four 
per cent per annum, payable semi-annually on the first 
days of April and October, but none of the same shall be 
sold for less than the par value thereof. 

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

Approved April 30, 1904. 

Chan.2iSo ^^ ^^T to authorize the C0N\'EYANCE of CERTAIN REAL ESTATE 
IN THE TOWN OP HINGHAM BELONGING TO THE HINGHAM AND 
QUINCY TURNPIKE AND BRIDGE CORPORATION. 

Be it enacted, etc. , as foUoivs : 

brid-ro\er SECTION 1 . The trustces of the bridge over Weymouth 

wevmouth Back rivcr, so-called, in the town of Hinofham, are hereby 

Back river may , • ■, n i ^ • • 

sell certain authorized to scil and to execute proper instruments in 
'*" ' writing conveying so much of the land situated in said 

town, known as the "Old Toll Gate Property", lying 
northerly of Beal street, bounded westerly by Weymouth 
Back river, northerly by land of Peter Bradle}^ and east- 
erly by a salt marsh, to such person or persons and for 
such price as they may deem expedient. 
recSTedto Section 2. All moucy received froiii any Sale or salcs 

constitute a of Said land shall constitute a fund to be held by said trus- 

lund, etc. •^ 



Acts, 190i. — CiiAr. 280. 241 

tecs to all intents and purposes as the land is now held ; 
the same to be safely invested by said trustees and the 
income therefrom applied to the care and maintenance of 
the bridges under their control. 

Section o. The authority herein given may be exer- Time within 
cised at any time before the first day of January, nineteen uymayWe"^^' 
hundred and five, and not afterward. nmitcdf'^ 

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

Approved April 30, 1904. 

Ax Act to provide for the appointment of assistant regis- njifyj) OQH 

TERS of probate AND INSOLVENCY IN THE COUNTIES OP BERK- 
SHIRE AND FRANKLIN. 

Be it enacted, etc., as folloios: 

Section 1. Section seventeen of chapter one hundred R-li64, §i-, 

T. • /.I IT -IT •!! Ill amemled. 

and sixty-tour of the Kevised JLaws is hereby amended by 
inserting after the words ' ' counties of", in the first line, the 
word : — Berkshire, — by inserting after the word ' ' in ", 
in the fifth line, the word : — Berkshire, — and by insert- 
ing after the word " Bristol ", in the fifth line, the word : 
— Franklin , — so as to read as follows : — Section 1 7. The Assistant 
judges for the counties of Berkshire, Bristol, Essex, Frank- pribateand 
lin, Hampden, Hampshire, Middlesex, Norfolk, Sufiblkand ap^pointmeut, 
Worcester may each appoint an assistant register of pro- ®'^*'- 
bate and insolvency for his county, who shall hold oflice 
for three ^^ears unless sooner removed by the judge. Such 
assistant register in Berkshire, Bristol, Franklin, Hampden 
and Hampshire may be a woman. Before entering upon 
the performance of his duties, an assistant register shall 
take the oaths prescribed by the constitution, and shall give 
bond to the treasurer and receiver general for the faithful 
performance of his official duties, ill a sum not less than 
five hundred nor more than five thousand dollars, as may 
be ordered by the judge, with one or more sureties who 
shall be approved by him. 

Section 2. Section twenty-seven of said chapter is r. l. i64, § 27, 
hereby amended by inserting after the word " dollars ", in *^"'^"'^'^- 
the eighth line, the words : — and the assistant register, 
eight hundred dollars, — so that the seventh and eighth 
lines of said section will read as follows : — 

Of Berkshire, the judge, twenty-five hundred dollars; Judge, regia- 
the register, eighteen hundred dollars ; and the assistant Berkshire, 
register, eiirht hundred dollars. salaries. 



242 Acts, 1904. — Chaps. 287, 288. 

R^J^i64, § 28, Section 3. Section twenty-eight of said chapter is 
hereby amended by inserting after the words " counties 
of', in the seventh line, the word : — Berkshire, — so as to 
Extra clerical read as follows : — Section 28. If it is considered neces- 
assistance. ^^^^ -^^ ^j^^ judge, the register shall be allowed annually 
an amount not exceeding one third of his salary for extra 
clerical assistance actually performed, which shall be paid 
by the Commonwealth. The judges in their respective 
counties shall audit and approve the accounts of the regis- 
ter. The provisions of this section shall not appl}' to the 
county of Suffolk, nor shall it apply to the counties of 
Berkshire, Franklin or Hampshire so long as a salary is 
paid to an assistant register therein. 

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

Approved April 30, 1904. 

CJlClp.2S7 An Act to authorize the clerk of courts for the county 

OF WORCESTER TO APPOINT A THIRD ASSISTANT CLERK. 

Be it enacted, etc., as follows: 

antderfi^f" SECTION 1. The clcrk of courts for the county of 

courts, county Worccstcr may appoint a third assistant clerk, who shall 
appoiotiueut,' be subjcct to the provisions of law applicable to assistant 
clerks of courts. 

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

Approved April 30, 1904. 

Chap.2SS An Act relative to the extension of the provisions of the 

CIVIL SERVICE ACT TO THE POLICE AND FIRE FORCES OF THE 
TO'V\T^ OF MILTON. 

Be it enacted, etc., asfolloivs: 

amen^ded.^' Section 1. Section three of chapter sixty-nine of the 

acts of the year nineteen hundred is hereby amended by 

striking out the words " selectmen of said toAvn ", in the 

third line, and inserting in place thereof the words : — 

board or officer of the town having power to make re- 

RemovaiBfrom mQya^lg^ — go as to read as follows: — Section 3. Na 

fire?orce8o° member of either of said forces shall be removed except 

Muton. ^^^ cause shown after a full hearing before the board or 

officer of the town having power to make removals, at 

which hearing the member in question shall have the right 

to be present and to be represented by counsel. 

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

Approved April 30, 1904. 



Acts, 1904. — Chaps. 289, 290. 243 



Ax Act to confirm certain proceedings of the town of (J]i(ij) 289 

I'EAHOUV. 

Be it enacted, etc., as follows: 

Section 1. The vote passed by the town of Peabody certain pro- 
at a special town meeting, held on the sixteenth day of town "f^ " 
October in the year nineteen hundred and three, appro- firmed^eto!^' 
priating an additional sum of forty-fi\"e thousand dollars 
for water suppl}-, is hereby ratified and confirmed, and the 
town is hereb}" authorized to issue bonds bearing interest 
at a rate not exceeding four per cent per annum, payable 
semi-annually, two thousand dollars of such notes or bonds 
to be paid each year commencing with the year nineteen 
hundred and five in accordance with the said vote and for 
the purposes therein specified, to an amount not exceeding 
forty thousand dollars. 

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

Aiyproved May 2, 1904. 



An Act to authorize the city of boston and the museum rij.^.^-, qqa 
of fine arts to exchange certain land in and abutting ^ "~ 

UPON the back bay fens. 

Beit enacted., etc., as folloivs : 

Section 1. The city of Boston, by its board of park The city of 

. . "^ , , ' y , . , . ^ , , Boston and the 

commissioners, upon such terms and conditions as the isiuseumoi 
board shall deem proper and the mayor approve, may exchangecer-^ 



change the easterly and westerly lines of the Huntington 
avenue entrance of the Back Bay Fens so that they will be 
substantially at right angles with Huntington avenue ; may 
change the southerly line of the Fens where it al)uts upon 
the lot of land owned by the Museum of Fine Arts so that 
it will be substantially parallel with the avenue ; may, to 
make said changes, convey about twenty-three thousand 
square feet of land of said Fens upon receiving a valid 
conveyance of about thirty-two thousand square feet of 
said lot ; may also convey about twenty-six hundred square 
feet of land of said Fens upon taking by eminent domain, 
or receiving a valid convej'ance of, about twenty-eight 
hundred square feet of land at the northeasterly corner of 
said entrance and Hemenway street ; and may apply the 
proceeds, if any, resulting from either of said conveyances, 



tain land, etc. 



244 



Acts, 1904. — Chaps. 291, 292, 293. 



to the payment for said additional lands, and for the recon- 
struction of the entrance. 

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

Approved May 2, 1904. 



Chap.291 



The Lowell 
Firemen's 
Fund Associa- 
tion may 
amend its by- 
laws. 

Benefit to 
which certain 
members are 
entitled. 



Proviso. 



An Act relative to the lowell firemen's fund association. 
Be it enacted, etc., as foUoios: 

Section 1. The Lowell Firemen's Fund Association 
may amend its by-laws so that members of the said asso- 
ciation may continue as members after they shall have 
ceased to be members of the Lowell fire department. 

Section 2. Such members shall not be entitled to any 
benefit except such as is provided for in article fifteen of the 
by-laws of the association which are part of its amended 
charter, dated August seventh, eighteen hundred and 
ninety-nine : provided, hoicei'er, that the amount of such 
benefit may be changed in accordance with the provisions 
of the by-laws aforesaid. Approved May 2, 1904. 



CJicq).292 



Loans of co- 
operative 
banks. 



An Act relative to loans of co-operative banks. 
Be it enacted, etc., as folloivs : 

Section 1 . No co-operative bank shall hereafter make 
a loan secured by mortgage upon any one parcel of real 
estate, in excess of five thousand dollars. 

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

A2')2)'>'oved May 2, 1904. 



R. L. 11, § 267, 
etc., amended. 



CJl(lV.293 ^^ ^^'^ RELATIVE TO PETITIONS FOR RECOUNTS OF VOTES CAST 

AT PRIMARIES AND ELECTIONS. 

Be it enacted, etc., as follows: 

Section 1. Section two hundred and sixty-seven of 
chapter eleven of the Revised Laws, as amended by section 
twelve of chapter four hundred and seventy-four of the 
acts of the 3^ear nineteen hundred and three, is hereby 
further amended by striking out the words " shall sign ", 
in the fourth line, and inserting in jilace thereof the words : 
— except Boston, and in Boston fifty or more voters of a 
ward, shall sign in person, — so that the first paragraph 
of said section will read as follows: — Section 267. If, 
on or before five o'clock on the third day next succeeding 
the day of an election in a ward of a city or in a town, ten 



Recount of 
ballots. 



Acts, 1904. — Chap. 294 245 

or more voters of such ward or town, except Boston, and in r,.,ouiu of 
Boston fifty or more voters of a ward, shall sign in person, 'J''""^^- 
adding thereto their res})ective residences on the first day 
of May of that yeox, and cause to be filed w^ith the city or 
town clerk, or in Boston with the election commissioners, 
a statement sworn to by one of the subscribers that they 
have reason to believe and do believe that the records, or 
copies of records, made by the election officers of certain 
precincts in such ward or town, or in case of a town not 
voting by precincts, by the election officers of such town, 
are erroneous, specifying wherein they deem them to be 
in error and that they believe a recount of the ballots cast 
in such precincts or town will afiect the election of one or 
more candidates voted for at such election, specifying the 
candidates, or will afiect the decision of a question voted 
upon at such election, specifjdng the question, the city or 
town clerk shall forthwith transmit such statement and the 
envelopes containing the ballots, sealed, to the registrars 
of voters, who shall, without unnecessary delay, open the 
envelopes, recount the ballots and determine the questions 
raised ; but upon a recount of votes for town officers in a 
town in which the selectmen are members of the board of 
registrars of voters, the recount shall be made by the mod- 
erator, ^vho shall have all the powers and perform all the 
duties conferred or imposed by this section upon registrars 
of voters. 

Section 2. This act shall not be construed to repeal loos^^^^^g^fs. 
section fifteen of chapter four hundred and liftj^-four of the 
acts of the year nineteen hundred and three. 

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

Aiyprovecl 3Iay 3, 1904. 

An Act relative to assessing in the city of boston. (JhciV 294 
Be it enacted, etc., as foUoivs : 

Section 1. Section seventeen of chapter eleven of the r. l. n, §17, 
Revised Laws is hereby amended by adding at the end ^'"^'^^i®*^- 
thereof the words: — The provisions of this section shall 
not apply to the city of Boston. 

Section 2. Section eighteen of said chapter is hereby r. l. n, §is, 
amended by adding at the end thereof the words : — The '^™^" 
provisions of this section shall not apply to the city of 
Boston . 

Section 3. The last clause of section nineteen of said R-L-n,§i9, 

amended. 



246 



Acts, 1904. — Chap. 295. 



Assessment of 
polls and 
estate after 
May 1. 



chapter is hereby amended by striking out all after the 
word " Boston ", in the fifth line of said clause, and insert- 
ing in place thereof the words : — no witnesses shall be 
required as aforesaid, and no person shall be assessed later 
than the twentieth day of December, — so that said clause 
will read as follows : — If the assessors are satisfied that 
such statements are true, they shall, in the first case, assess 
such applicant for his polls and estate and give him a cer- 
tificate of assessment, and in the second, give him a cer- 
tificate that he has been a resident in such city or town the 
six months preceding such election ; but in Boston no wit- 
nesses shall be recjuired as aforesaid, and no person shall 
be assessed later than the twentieth day of December. 
Section 4. This act shall take effect upon its passage. 

Approved May 5, 1904. 



Chap.^^o 



R. L. 18, § 10, 
amended. 



Examination 
of official 
bonds. 



Ax Act relative to the examixation of official bonds. 

Be it enacted, etc., asfoUoivs: 

Section sixteen of chapter eighteen of the Revised Laws 
is hereb}' amended by striking out the first sentence of said 
section and inserting in place thereof the words : — Every 
public official who has the custod}^ of any bond for the 
faithful performance of the duties of any office, occupation, 
agency or trust, which requires the approval of any court, 
public officer or board other than the governor and council, 
shall, except in those cases where the duty is imposed upon 
the controller of county accounts, annually in March ex- 
amine into the sufficiency of every such bond, and shall, 
whenever at any other time there is reason to believe that 
any such bond has become insufficient, examine into its 
sufficiency. All acts requiring examination as to the suffi- 
ciency of any such bonds by the supreme judicial court or 
the superior court, or by any justice of either of said courts, 
are hereby repealed, — so as to read as follows : — Section 
16. Every public official who has the custody of any 
bond for the faithful performance of the duties of any office, 
occupation, agency or trust, which requires the approval 
of any com't, public officer or board other than the gov- 
ernor and council, shall, except in those cases where the 
duty is imposed upon the controller of county accounts, 
annually in March examine into the sufficiency of every 
such bond, and shall, whenever at any other time there is 
reason to believe that any such bond has become insuffi- 



Acts, 1904. — Chaps. 296, 297. 247 

<?ient, examine into its sufficiency. All acts requiring 
examination as to the sufficiency of an}^ such bonds by the 
supreme judicial court or the superior court, or by any 
justice of either of said courts, are hereby repealed. The 
governt)r shall appoint a committee of the council which 
shall annually in March make such examination of bonds 
Avhich are required to be a})proved b}^ the governor or by 
the governor and council. If a bond is found upon such 
examination to be insufficient, the person or persons who 
have examined it shall forthwith notify the obligor thereof 
and shall require him, within thirty days after the date of 
such notice, to file a new bond in conformity with law such 
as is riMiuired before entering upon the performance of the 
duties of such office, occupation, agency or trust. 

Approved 3Iay 4, 1904. 

An Act to authorize the toavn of Gardner to issue bonds ni^ffv) 9Qn 

PAYABLE IN ANNUAL INSTALMENTS. 1 '"^ 

Be it enacted, etc., as foUoivs : 

Section 1. The town of Gardner, instead of establish- xowuof 
ing a sinking fund for the payment of its water loan, as [^-^vMeVor^'^ 
provided hy chapter two hundred and eighty-seven of the i'.feu'ts oli'*^' 
acts of the }' ear nineteen hundred and two, may at the time '■'''^^^' i^''^'^- 
of authorizing the said loan provide for the payment thereof 
in such annual proportionate payments as will extinguish 
the same within the time prescribed in the said chapter. 

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

Approved Alay 6, 1904. 



Chap.297 



An Act to authorize the county commissioners of the 

COUNTY of NORFOLK TO BORROW MONEY FOR EQUIPPING AND 
FURNISHING THE BUILDING FOR THE REGISTRIES OF DEEDS AND 
OF PROBATE AND FOR THE PROBATE COURT AT DEDHAM. 

Be it enacted, etc., as follows : 

Section 1. The county commissioners of the county of Equipping and 
Norfolk are hereby authorized to expend a sum not exceed- buiwing for 
ing one hundred thousand dollars for the purpose of equip- deeds, etc., 
ping and furnishing the building for the registries of deeds '''^ ^<^^'i''^°^- 
and of probate and for the probate court, now in process 
of construction at Dedham, under the authority of chapter 
two hundred and eighty-four of the acts of the year nine- 
teen hundred and one, as amended by chapter five hundred 



248 



Acts, 1904. — Chap. 298. 



County com 
missioners 



and twenty-eight of the acts of the year nineteen hundred 
and two, and by chapter tliree hundred and forty-two of 
the acts of tlie year nineteen hundred and three, and for 
the improvement of the lot on which said building stands. 
Section 2. In order to meet the expenses incurred 
raav boiTow on under this act the county commissioners may borrow on 

credit of *^ '^ 

county, etc. the Credit of the county a sum not exceeding seventy-five 
thousand dollars in addition to the sum of two hundred 
and eighty thousand dollars authorized for the construction 
of said building by said act of the 3^ear nineteen hundred 
and one, as amended. The indebtedness so incurred by 
the county shall be paid out of the amounts received for 
taxes, in the manner provided by section six of said act 
of the year nineteen hundred and one, as if said sum of 
seventy-five thousand dollars had been included in the 
amount heretofore authorized. 

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

Ajiproved May 0, 1904. 



CJlCl,p.'2QS '^^ -^CT TO AUTHORIZE THE CITY OF NEW BEDFORD TO IXCUR 

INDEBTEDNESS FOR SCHOOL PURPOSES. 



Citv of New 
Beciford may 
issue bonds, 
notes or scrip, 
etc. 



R. L. 27 to 
apply. 



Payment of 
loan. 



Be it enacted, etc. , as folloios : 

Section 1. The city of New Bedford, for the purpose 
of purchasing land for two new school buildings and for 
constructinof and furnishins; two new school buildino-s in 
that city, may incur indebtedness beyond the limit fixed 
by law to an amount not exceeding two hundred thousand 
dollars, and ma}^ issue bonds, notes or scri}) therefor. 
Such bonds, notes or scrip shall be payable within such 
periods, not exceeding twenty years from the dates of 
issue, and shall bear such rate of interest, not exceeding 
four per cent per annum, payable semi-annually, as the 
city council shall determine ; and, except as othenvise pro- 
vided herein, the provisions of chapter twenty-seven of 
the Revised Laws shall, so far as thej^ may be applicable, 
apply to the indebtedness hereby authorized and to the 
securities issued therefor. 

Section 2. The city council of said city shall at the 
time of authorizing said loans provide for the payment 
thereof in such annual proportionate payments as will 
extinguish the same within the time prescribed in this 
act ; and thereafter, Avithout further action by the city 
council, the amount required for such payments shall be 



Acts, 1904. — Chaps. 299, 300. 249 

assessed hy the assessors of said city in each year, in the 
same manner in which other taxes are assessed under tlie 
provisions of section thirtA'-scven of chapter twelve of 
the Revised LaAvs, until the debt incurred b}^ the city is 
extinguished. 

Section 3. This act shall take eti'ect upon its passage. 

Approved May 6', 1904. 



An Act to confirm a certain agreement between the met- rii^f^.-.-. OQQ 

ROPOLITAN water AND SEWERAGE BOARD AND THE CITY OF "' 

MARLBOROUGH, RELATIVE TO BUILDING AN ADDITIONAL MAIN 
SEAVER AND FILTER BEDS FOR SAID CITY, 

Be it enacted, etc., as follows : 

Sectiox 1. The agreement signed by the mayor of the certain agree- 
city of Marlborough, for that city, and by the metropoli- "hv of liar*" 
tan water and sewerage board, for the Commonwealth, |^^*'ei°"|oiftan 
dated October five, nineteen hundred and three, and re- water and 
corded with Middlesex south district registry of deeds, ijoani con- 
book 3091, page 101, providing for the construction and 
maintenance of an additional main sewer and filter beds 
for the disposal of a part of the sewage of said city, as a 
substitute for the additional main sewer provided for by 
chapter four hundred and forty-three of the acts of the 
year nineteen hundred and three, is hereby ratified and 
confirmed : and all action taken, all construction work 
done and all payments made under said agreement in the 
construction of said additional main sewer and filter beds, 
are hereby ratified, approved and made valid, as fully as 
if such additional main sewer had been constructed in 
accordance with the provisions of said chapter. 

Section 2. This act shall take efiect upon its i)assage. 

Approved May 6', 1904. 



CJiap.SOO 



An Act relatfv'e to mutual fire insurance companies. 

Be it enacted, etc. , as folloivs : 

Section 1. Section thirty-nine of chapter one hundred R- l. ns, § 39, 
and eighteen of the Revised Laws is hereby amended by 
inserting after the word "perjury ", in the twenty-first line, 
the words : — No mutual fire insurance company operating 
on the cash premium plan as provided in section forty-five, 
nor any mutual fire insurance company with a guaranty 



250 



Acts, 1904 — Chap. 300. 



R. L. lis, § 39, 
amended. 



Conditions 
iinder which 
certain Are 
insurance 
policies may 
issue. 



Certain Are 
insurance 
companies not 
to make furtlier 
insurances 
without a 
license. 



capital of less than one hundred thousand dollars, either 
of which has become insolvent, or has reinsm-ed or can- 
celled its risks so that it has on its books less than one 
million dollars of insurance in force, not reinsured, in not 
less than four hundred separate risks. in this Common- 
wealth, shall make any further insurances until it has 
secured applications for policies which, too-ether with the 
unreinsured risks in force shall amount to not less than 
one million dollars in not less than four hundred separate 
risks in this Commonwealth, said applications to be sub- 
ject to the same provisions of this section as apply to the 
subscriptions for insurance in a new company. Upon the 
filing of such applications with the insurance commissioner 
he may make such investigation as he deems proper and 
if his findings warrant it grant a license to such company 
to issue policies, — so as to read as follows : — Section 39. 
No policy shall be issued by a purely mutual fire insm'- 
ance company organized subsequent to the twenty-third 
day of April in the year eighteen hundred and ninety-four, 
nor T)y a mutual fire insurance company with a guaranty 
capital of less than one hundred thousand dollars, until not 
less than one million dollars of insurance, in not less than 
four hundred separate risks upon property located in this 
Commonwealth, has been subscribed for and entered on 
its books ; except that in any town of less than four thou- 
sand inhabitants a company may be formed to insure only 
dwelling houses, farm buildings and their contents within 
such town, and ma}" issue policies when fifty thousand dol- 
lars of insurance has been subscribed for. Xo policy shall 
be issued under the provisions of this section until the 
president and secretary of the company shall have certified 
under oath that every subscription for insurance in the list 
presented to the insurance commissioner for approval is 
genuine, and made with an agreement with every subscriber 
for insurance that he will take the policies subscribed for 
by him within thirty daj^s of the granting of a license to 
the company by the insurance commissioner to issue poli- 
cies. If such officers shall take a false oath n^lative to such 
certificate they shall be guilty of perjurv. 

No mutual fire insurance company operating on the cash 
premium plan as provided in section forty-five, nor any 
mutual fire insurance company ^vith a guaranty capital of 
less than one hundred thousand dollars, either of which has 
become insolvent, or has reinsured or cancelled its risks so 



Acts, 1904 — Chap. 301. 251 

that it bus on it.s books less than one million dollars of 
insurance in force, not reinsured, in not less than foiu- hun- 
dred separate risks in this Coninionwealth, shall make any 
further insurances until it has secured ap})licati()ns for poli- 
cies which, together with the unrcinsured risks in force 
shall amount to not less than one million dollars in not less 
than four hundred se})arate risks in this Connnonwealth, 
said applications to be subject to the same provisions of 
this section as apply to the subscriptions for insurance in 
a new company. Upon the tiling of such applications with 
the insurance commissioner he ma}^ make such investiga- 
tion as he deems proper and if his findings warrant it grant 
a license to such company' to issue policies. No officer or compensation 
other person whose duty it is to determine the character determhling 
of the risks, and upon whose decision the applications risk™eTc!°* 
shall be accepted or rejected by a mutual fire insurance 
company, shall receive as any part of his compensation a 
commission upon the premiums, but his compensation shall 
be a fixed salar}^ and such share of the net profits as the 
directors may determine. Nor shall such officer or person 
aforesaid be an employee of any officer or agent of the 
company. 

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

Ajyproved May 6, 1904. 



ChapMl 



An Act to permit the taking of bait in the waters of the 
town of edgartown. 

Be it enacted^ etc., as folloivs : 

Section 1. The selectmen of the town of Edgartown, permits may 
or any two of them, may issue to any inhabitant of said take laTt iii* the 
tow^n holding a permit for the taking of eels ])y means of Edgartown 
pots, permits for the taking of bait for his own use only with nets, etc. 
from the waters of said town by means of nets or seines. 
Such permits shall not be issued for the use of nets or 
seines more than one hundred and fifty feet long, or of a 
size of mesh of more than three fouiths of an inch, and 
shall be issued for the taking of such bait only between 
the first day of June and the fifteenth day of December in 
each year. The provisions of this act shall not atfect the certain rights 
rights of the persons designated in section twenty-three ^^"^^ ^*^'^^^' 
of chapter ninety-one of the Revised Laws, or the corpo- 
rate rights of aiw fishing company. 



252 Acts, 1904. — Chaps. 302, 303. 

Repeal. SECTION 2 . So iiiucli of section One hundred and twenty- 

seven of chapter ninety-one of the Revised Laws and of 
any other act as is inconsistent herewith is hereby repealed. 
Section 3. This act shall take effect upon its passage. 

Approved 3fay 6, 1904. • 



Chap.d02 



U. L. 154, § 2, 
etc., amended. 



Written con- 
sent required 
before decree 
for adoption is 
made. 



Illegitimacy 
not to be 
expressly 
averred upon 
record, etc. 



An Act relative to pkoceduke in the adoption of children. 

Be it enacted, etc., as foUoivs : 

Section two of chapter one hundred and fifty-four of the 
Revised Laws, as amended by section twent^^-two of chapter 
tive hundred and forty-four of the acts of the 3^ear nineteen 
hundred and two, is hereby further amended b}" inserting 
after the word " chapter ", in the eleventh line, the words : 
— Illegitimacy shall in no case be expressly averred upon 
the record, — so as to read as follows : — Section 2. A 
decree for such adoption shall not be made, except as 
hereinafter provided, without the written consent of the 
child, if it is above the age of fourteen years ; of her hus- 
band, if she is a married woman ; of the lawful parents, 
or surviving parent ; of the parent having the lawful custody 
of the child, if the parents are divorced or are living sepa- 
rately ; of the guardian of the child, if any ; of the mother 
only of the child, if illegitimate ; or of the person substi- 
tuted for any of the aboNC named by the provisions of this 
chapter. Illegitimacy shall in no case be expressly averred 
upon the record. A person whose consent is hereby re- 
quired shall not thereby be debarred from being the adopt- 
ing parent. If the child has been previously adopted, the 
consent of the previous adopting parent shall also be 
recjuired. Approved 3Iaii 6, 1904. 



Chcqy.SOS 



R. L. 220, § 21, 
amended. 



Punishment 
of habitual 
criminals. 



An Act relative to the punishment of habitual criminals. 

Be it enacted, etc., as follows: 

Section twenty-one of chapter two hundred and twenty 
of the Revised Laws is hereby amended by striking out 
the words " twenty-five yenrs ", at the end of said section, 
and inserting in place thereof the words : — the maximum 
term provided by law as a penalty for the felony for which 
he is then to be sentenced, — so as to read as follows : — 
Section 21. Whoever has been twice convicted of crime 
and has been sentenced and committed to prison in this or 
another state, or once in this and once or more in another 



Acts, 1904. — Chaps. 304, 305. 253 

state, for terms of not less than three years each, and does 
not show that ho has been pardoned for either crime on the 
ground that he was innocent, shall, upon conviction of a 
felony in this Connnonwcalth, be considered an habitual 
criminal and be punished by imprisonment in the state 
prison for the maximum term provided by law as a penalty 
for the felony for which he is then to be sentenced. 

Ajijiroved May 6', 1904. 



ChapM4. 



Ax Act relative to fidelity ixsuraxce companies. 

Be it enacted, etc., as foHotvs : 

The authority to transact new business by any corpora- Authority to 
tion of the class designated in section sixty-one of chapter imsinessbp^ 
one hundred and eighteen of the Revised LaAVS shall cease fnce com-^"'^' 
in this Commonwealth on the thu'ty-first day of March of &fh 3? '^^'''^*' 
each year, unless such authority is renewed in writino; by annually un- 

. -^ ' . . " 1 ,1 1 . ^^*s renewed. 

the msui-ance commissioner on or betore that date ; and in 
no case shall such authority be renewed unless the com- 
pany has on deposit with the treasurer and receiver general 
of this Commonw^ealtli, or with the proper officer or ])oard 
of some other state, for the protection of all its policy 
holders in the United States, an amount not less than one 
hundred thousand dollars, which, if so on deposit in this 
Commonwealth, shall not be returned to the company 
while it has any liabilities outstanding in this Common- 
wealth, nor until the insurance commissioner has given 
his consent in writing to such return. 

Approved May 6, 1904. 



Chap.305 



Ax Act relative to destroyixg or ixjurixg personal prop- 
erty. 

Be it enacted, etc., as folloios : 

Whoever wantonly destroys or injures the personal prop- Penalty for 
erty of another in any manner or by any means not par- lu^iaiuK ifer-^ 
ticularly described or mentioned in chapter two hundred of ano^he?.*^^^^ 
and eight of the Revised Laws shall be punished by a tine 
of not more than five hundred dollars or by imprisonment 
for not more than one year ; but if the value of the i)rop- 
erty so destroyed or injured is not alleged to exceed fifteen 
dollars the punishment shall be a fine of not more than fif- 
teen dollars or imprisonment for not more than thirt}' days. 

Approved May 6, 1904. 



254 



Acts, 1904. — Chaps. 306, 307. 



R. L. 132, § 9, 
amended. 



Assignment 
of dower. 



QJlCin.SOQ ^N -'^CT RELATIVE TO THE ASSIGNMENT OF DO"SVER. 

Be it enacted, etc., as folloios: 

Section nine of chapter one hundred and thirty-two of the 
Revised Laws is liereby amended by striking out the words 
" and lier right is not disputed by her heirs or devisees ", 
in the third and fourth lines, and by adding at the end 
thereof the words : — or by an executor or administrator 
of an estate wherein the probate court finds that the per- 
sonal property will probablj^ be insufficient to pay the debts 
and legacies of the decedent with the charges of adminis- 
tration, — so as to read as follows: — Section 9. If a 
widow is entitled by the provisions of law, by deed of 
jointure, or under the will of her husband, to an undivided 
interest in his land either for life or during widowhood, 
such interest may be assigned to her, in whatever counties 
the land lies, by the probate court for the county in which 
the estate of her husband is settled. Such assignment may 
be made upon her petition or, if she does not petition 
therefor within one year after the decease of her husband, 
upon petition by an heir or devisee of her huslmnd, by any 
person having an estate in the land subject to such inter- 
est or by the guardian of any such heir, devisee or person, 
or by an executor or administrator of an estate wherein 
the probate court finds that the personal property will 
probably be insufficient to pay the debts and legacies of 
the decedent with the charges of administration. 

Approved May 6, 1904. 



R. L. 176, § 3, 
amended. 



Chcin.307 ^^ -^^"^ relative to terms of SERVICE OF JURORS IN THE 
COUNTIES OF MIDDLESEX AND NORFOLK. 

Be it enacted, etc., as follows : 

Section 1. Section three of chapter one hundred and 
seventy-six of the Revised Laws is hereby amended by 
striking out the words " county of Suffolk", in the second 
line, and inserting in place thereof the words : — counties 
of Suffolk, Middlesex and Norfolk, — so as to read as fol- 
lows : — Sect ion 3. A person shall not serve as a traverse 
juror in the counties of Suffolk, Middlesex and Norfolk 
more than thirty days at any sitting of the court, except 
to finish a case commenced within that time, nor in the 



Terms of 
service of 
jurors in 
Suffolk, Mid- 
dlesex and 
Norfolk 
counties. 



Acts, 1904. — Chaps. 308, 309. 255 

trial of criminal cases at more than one .sittino; thereof 
during the year. 

Section 2. This act shall take effect on the first da>' of J^p'tembeM? 
September in the year nineteen hundred and four. i'*^- 

Apx) roved May G, 1904. 



"" Chajy.SOS 



Ax Act to provide further for the protection of fish in 

PONDS. 

Be it enacted, etc., as follows : 

Section twenty-six of chapter ninety-one of the Revised ^c^iif^nled. 
Laws, as amended by chapter two hundred and ninety-four 
of the acts of the year nineteen hundred and tlu"ee, is hereby 
further amended by striking out the whole of said section 
and inserting in place thereof the following : — /Section 26. ^^g of^netf 
Whoever draws, sets, stretches or uses a drag net, set net, etc., in pomis. 
purse net, seine or trawl, or whoever sets or uses more than 
ten hooks for fishing, in any pond, or aids in so doing, shall 
be punished by a fine of not less than twenty nor more than 
fifty dollars. The provisions of this section shall not aftect ^^f-^^ "^l^d^^ 
the rights of riparian proprietors of ponds mentioned in 
section twenty-three or the corporate rights of any fishing 
company. Approved May 6, 1904. 



Chcqj.dOd 



An Act to authorize the town of leomixster to coxstruct 
a system of sewerage. 

Be it enacted, etc., as folloios: 

Sectiox 1. The town of Leominster is hereby author- Town of 
ized, through a board of commissioners elected as herein- may^onstruct,. 
after provided, to lay out, construct, maintain and operate ofsewera.%'" 
a system or systems of main drains and common sewers ^'^^• 
for a part or for the whole of its territory, with such con- 
nections and other works as may be required for a system 
of sewage disposal ; and said board, for the purpose of pro- 
vidins: better surface or other drainage, ouardinfj aaainst 
pollution of waters, and otherwise protecting the pul)lic 
health, may lay, make and maintain such main drains as 
it deems best. For the purposes aforesaid the board may, 
within the limits of the town, deepen, widen and clear 
of obstruction any brook, stream or water coarse, and 
straighten or alter the channels or divert the waters thereof, 
and may lay, make and maintain sub-drains, and, with the 



256 



Acts, 1904. — Chap. 309. 



Sewer commis- 
sioners, elec- 
tion, terms, 
etc. 



Vacancy. 



May acquire 
lands, water 
rights, etc. 



Proviso. 



Description of 
lands, etc., to 
be recorded. 



Said board of commissioners, acting in 



approval of the state board of liealth, discharge tlie water 
into any brook, stream or water course within the town. 

Section 2. Said board sliall consist of three commis- 
sioners, to be called Sewer Commissioners of the Town 
of Leominster, who shall be citizens and residents of the 
town and shall be elected by ballot at a special meeting 
or at an annual meeting of the town, one commissioner 
to hold office for one year, one for two years and one for 
three years, respectively, from the date of the annual town 
meeting at which he is elected, or which follows the spe- 
cial meeting at which he is elected, and until his successor 
is elected and qualified ; and at each annual town meeting 
thereafter the town shall elect one member of the Ijoard 
to serve for three years or until his successor is elected 
and qualified. If a vacancy occurs in the board the town 
may at a meeting called for the purpose elect a person duly 
qualified to fill the vacancy 

Section 3 
behalf of the town, shall have power to acquire, by pur- 
chase or otherwise, any lands in fee and any water rights, 
rights of way and easements in said town, public or pri- 
vate, necessary for any of the purposes mentioned in this 
act, and may construct within the town such main drains 
and sewers under or over any water course, bridge, rail- 
road or way, or within the location of any railroad, and 
may enter upon and dig up and excavate any private land, 
street or way, or railroad location, for the purpose of 
laying such main drains and sewers, and of maintaining 
and repairing the same, and may do any other thing neces- 
sary or proper for the purposes of this act : provided, hoiv- 
ever, that said commissioners shall not take in fee any land 
of a railroad corporation, and that they shall not enter 
upon or construct any drains or sewers within the location 
of any railroad corporation, except at such time and in 
such manner as they may agree upon with such corpora- 
tion, or, in case of failure to agree, as may be approved 
by the board of railroad commissioners. 

Section 4. Said board, in order to take any lands in 
fee, water rights, rights of way or easements otherwise 
than by purchase or agreement, shall cause to be recorded 
in the registry of deeds for the northern district of the 
county of Worcester, a statement signed by a majority of 
the board, containing a description thereof as certain as 
is required in a conveyance of land, and specifying that 



Acts, 19(U. — Chap. 309. 257 

the same are taken under the authority of this act ; and 
upon such recording the title in the lands, water rights, 
rights of way or easement described in such statement shall 
vest in the town of Leominster, which shall ])av all dam- Damages. 
ages therefor and all other damages which shall be sus- 
tained by an}^ person or corporation through an}'' action 
of said board under this act. Said board at the time of 
such taking shall notify the owners thereof in writing, and 
may agree with any person or corporation injured here- 
under, upon the damages sustained by such person or cor- 
])oration ; and if the damages are not agreed upon a jury 
in the superior court for said county may be had to deter- 
mine the same, upon petition of either party, in the man- 
ner provided by law for determining the damages for land 
taken for the laying out of highways ; but in case of a taking 
no suit or petition shall be brought after the expiration of 
two years from the date of the recording of the taking as 
herein provided ; and in all other cases no suit or petition 
shall bo brought after the expiration of two years from the 
time when the cause of action accrues. 

Section 5. In every case of a petition for the asseSvS- Town may 

•^ . .-,■■■ . offeraspecitiea 

ment oi damao:es or for a iury said town may at any tmie sum as 

'- •' •/ ' ■ « dillllil'^GB etc 

file in the office of the clerk of the court an otier in writ- = > • 
ing to pay the petitioner a sum therein specified as dam- 
ages ; and if the petitioner does not accept the same within 
thirty days after notice of such oiler, and does not finally 
recover a sum greater than that ofiered, not including 
interest from the date of the ofler on the sum so recovered, 
the town shall recover costs from the date of said notice, 
and the petitioner, if he does not recover damages to an 
amount greater than the amount specified in said otfer, 
shall be entitled to costs only to said date. 

Sectiox 6. The town of Leominster, for the purpose Leominster 
of paying the necessary expenses and liabilities incurred Loan^'*^'^ 
under this act, may incur indebtedness to an amount not 
exceeding two hundred and fifty thousand dollars, and may 
issue from time to time therefor bonds, notes or scrip ; 
and the debt and loan authorized by this act and the 
bonds, notes or scrip issued therefor shall not be reckoned 
in determining the statutory limit of indebtedness of the 
town. Such bonds, notes or scrip shall bear on their face 
the words, Leominster Sewerage Loan, shall be payable 
within periods not exceeding thirty years from the dates 
of issue, and shall bear interest payable semi-annually at 



258 Acts, 1904 — Chap. 309. 

a rate not exceeding four per cent per annum. Such 
bonds, notes or scrip shall be signed by the treasurer of 
the town and countersigned by a raajorit}^ of the selectmen. 
The town may from time to time sell such seciu-ities, or 
any part thereof, at public or private sale, or pledge the 
same for money borrowed for the purposes of this act, pro- 
vided that they shall not be sold or pledged for less than 
the par value thereof. The proceeds thereof shall be 
retained in the treasury and the treasurer shall upon the 
order of said board of commissioners pay therefrom the 
expenses incuiTcd for the purposes aforesaid. 
Town may SECTION 7. Instead of establishing a sinking fund the 

annual pay- town may at the time of authorizing the said loan provide 

ments on loan, n .^ , , i n • i i . -ii 

for the payment thereof in such annual 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, less the amount that may be appropri- 
ated therefor as provided in the following section, shall 
without further vote be assessed by the assessors of the 
town in each year thereafter, 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 the toAvn is extinguished. 
Payment of SECTION 8 . The rcccipts froiii sc wcT asscssments and 

lOtiii etc 

from payments made in lieu thereof, and the premiums, 
if any, received from the sale of bonds, notes or scrip 
issued under the authority of this act, shall be applied by 
the board of sewer commissioners to the payment of charges 
and expenses incident to the maintenance and operation 
of said systems of sewerage, or to the extension thereof, 
except that the town may apply any part of such receipts 
to the payment of the interest upon bonds, notes or scrip 
issued under the authority of this act not otherwise pro- 
vided for, or to the pa^^ment or redemption of said bonds, 
notes or scrip, as the town shall by vote determine, and 
the said receipts shall be used for no other purpose. If 
such receipts shall not be sufficient for the purposes afore- 
said in any year the town shall raise forthwith by taxation, 
in the same manner in which money is raised and appro- 
priated for other town purposes, the balance required 
therefor. 
Commissioners SECTION 9. Said board of commissioners shall annually 
clerk, etc. appoint a clerk, and may appoint a superintendent of 
sewers, and may remove said clerk or superintendent at 



Acts, 1904. — CiiAr. 310. 259 

its pleasure. The compensation of the commissioners shall 
be tixed by the town. 

Section 10. All contracts made by said board of com- contracts. 
missioners shullhe made in the name of the town and shall 
be siofned by the board ; but no contract shall be made or 
obligation incurred by the commissioners for any purpose 
in excess of the amount of money appropriated by the 
town therefor. 

Section 11. Said board of commissioners may from commissioners 
time to time prescri))e rules and regulations for the con- rules and reg- 
necting of estates and buildings with main drains and pose^fenaitVes. 
sewers, and for the inspection of the materials, the con- ^^" 
struction, alteration and use of all connections and drains 
entering into such main drains or sewers, and may impose 
penalties not exceeding twenty dollars for each violation 
of any such rule or regulation. Such rules or regulations 
shall be published not less than once a week for three suc- 
cessive weeks in some newspaper published in the town 
of Leominster, if there be any, and if not, then in some 
newspaper published in the county of Worcester, and shall 
not take effect until such publication has been made. 

Section 12. No act shall be done under the authority pianstobe 
of the preceding sections until the plans for said system state^iJoarciof 
of sewerage have been approved by the state board of '^"'■*'^'^- 
health. Upon application to said board for such approval 
the board shall give a hearing, after due notice to the 
public. At such hearing plans showing in detail all the 
work to be done in constructing said system of sewerage 
shall be submitted for the approval of the state board of 
health. 

Section 13. This act shall take effect upon its passage, when to take 
but no expenditure shall be made and no liability incurred ^ '^'^ '*^ '^• 
hereunder until this act has been accepted by vote of a 
majority of the voters of said town voting thereon at a legal 
meeting called for the purpose. The town may elect said 
board of sewer commissioners at the same meeting at which 
it accepts this act. Approved 3fay 9, 1904. 

Ax Act RELAxrv'E to illegal registration and voting. Chan 810 
Be it enacted, etc., as folloivs : 

Section 1 . Chapter eleven of the Revised Laws is r. l. n, § 385, 
hereby amended by striking out section three hundred "™^"''<^'i- 
and eighty-five and inserting in place thereof the follow- 



260 



Acts, 1904 — Chap. 311. 



Penalty for 
illegal Voting 
or attempt to 
vote, etc. 



R. L. 11, § 390, 
amended. 



Penalty for 
illegalVegis- 
tration or 
attempt to 
register, etc. 



ino; : — Section 385. Whoever at an election, knowing- 
tliat lie is not a qualified voter in the place where he votes 
or attempts to vote, wilfully votes or attempts to vote 
thereat ; whoever at an election votes or attempts to vote 
more than once on his own name, his name having been 
registered more than once ; whoever at an election votes 
or attempts to vote in more than one voting precinct or 
town, his name having been registered in more than one 
voting precinct or town ; whoever at an election votes or 
atteui})ts to vote on any name other than his own, or know- 
ingly casts or attempts to cast more than one ballot at one 
time of balloting ; whoever at an election votes or attempts 
to vote otherwise illegally ; or whoever aids or abets any 
other person in doing any of the acts al)Ove mentioned, 
shall be punished by imprisonment for not more than one 
year. 

Section 2. Said chapter eleven is hereby further 
amended by striking out section three hundred and ninety 
and inserting in })lace thereof the following : — Section 
390. Whoever causes or attempts to cause his name to 
be registered, knowing that he is not a qualified voter in 
the place of such registration or attempted registration ; 
whoever registers or attempts to register under a name 
other than his own ; whoever represents or attempts to 
represent himself as some other person to any election 
commissioner, registrar or assistant registrar ; whoever 
gives a false answer to any election commissioner, regis- 
trar or assistant registrar respecting any matter relating 
to his registration or his right to vote ; whoever otherwise 
illegally registers or attempts to register ; or whoever aids 
or abets any other person in doing any of the acts above 
mentioned, shall be punished by imprisonment for not 
more than one year. A2:)2')roved May 9, 1904. 



Cliap.^11 



R. L. 106, § 14, 
amended. 



Preference to 

be given to 
citizens in the 
employment of 
mechanics and 
laborers. 



Ax Act relative to the employment of mechanics and 

LABORERS IN THE CONSTRUCTION OF PUBLIC WORKS. 

Be it enacted, etc., as foUoios : 

Chapter one hundred and six of the Revised Laws is 
hereby amended by striking out section fourteen and in- 
serting in place thereof the following : — Section. 14. In 
the employment of mechanics and laborers in the construc- 
tion of public works by the Commonwealth, or b}' a count}^, 
city or town, or by persons contracting therewith, prefer- 



Acts, 1904. — Chap. 312. 261 

cneo shall be given to citizens of the Commonwealth, and, 

it' tlu'v cannot ho had in suthcicnt numbers, then to citizens 

of the United States ; and eveiy contract for such works 

shall contain a provision to this eflect. Any contractor Penalty. 

who knowino'ly and wilfully violates the provisions of this 

section shall be })unislicd by a tine of not more than one 

hundred dollars for each oft'ence. 

Approved May 9, 1904. 

An Act to pkovide for an outlet fok the sewage of the /nr/,^^ q-jo 

TOWN of PEABODY. ^ ' 

Be it enacted, etc., as folloivs : 

Section 1. The main trunk sewer from the boundary constniction 
line between the town of Peabody and the city of Salem, sewer'from"'' 
the pumping station, and the harbor outfall, all of which ^etween"^'"^ 
said citvwas authorized to construct by chapter tliree hun- Peabody and 

, 1 " 1 w. , . , /■ 1 " • balem, etc. 

dred and titty-three ot the acts ot the year nineteen hun- 
dred and one for the purpose of discharging the sewage 
from said city at or near the island in Salem harbor known 
as Great Haste, shall be constructed of such capacity as 
the state board of health shall certify to be sufficient to 
discharge, in addition to the sewage from said city, the 
sewage from said town. When said trunk sewer, pump- Town may 
ing station and harbor outfall shall have been so far com- systemVf" 
pleted as to be put in practical operation said town shall n'^ainTrmik"'^ 
thereupon have the right to connect its system of sewerage sewer, etc. 
with such main trunk sewer at or near said boundary line 
and thereafter to discharge into and through such trunk 
sewer the sewage from said town, the same to be disposed 
of through said main trunk sewer, pumping station and 
harbor outfall in the same manner as the sewage of said 
city entering said main trunk sewer shall thereby be dis- 
posed of; but the nature or quality of the sewage to be 
discharged into or through said trunk sewer by said city, 
said town, or any person or corporation, shall be subject 
to regulation by the state board of health. 

Section 2. The town of Peabody shall, when said main Town to pay 
trunk sewer, pumping station and harbor outfall shall have p'ut o?i;ost*'° 
been so far completed as aforesaid, pay to said city, for the *^*^- 
right to use the same as an outlet for the sewage from 
said town as aforesaid and as its proportionate part of the 
cost of the construction thereof, the sum of one hundred 
and fifty thousand dollars, and shall also from the time 



262 



Acts, 1904. — Chap. 312. 



In cage of 
disagreement 
commissioners 
may be 
appointed, etc. 



Peabody 
Sewerage 
Loan, Act of 
1904. 



Xot to be 
reckoned in 
determining 
delit limit, etc. 



Payment of 
loan. 



when said works shall haAC been so far completed as afore- 
said pay to said city annually a proportionate part of the 
annual expense of the maintenance and operation of the 
same, to be ascertained as hereinafter provided. In case 
said city and said town shall be unable to agree upon the 
proportionate part of such annual expense to be paid by 
said town to said city as aforesaid for the term of five years 
next following the time when said works shall have been 
so far completed as aforesaid, the supreme judicial court 
shall, upon application by either part}^ and notice to the 
other, appoint three commissioners, who shall determine 
the proportionate part of such annual expense to be paid 
to said city by said town for the aforesaid term of five 
years ; and the award of the commissioners when accepted 
by said court shall be final ; and l^efore the expiration of 
said term of five years, and every five 3'ears thereafter, 
commissioners to be appointed by said court as aforesaid 
shall, if the parties are unable to agree, determine the pro- 
portionate part of the annual expense of the maintenance 
and operation of said works which, for the next succeeding 
term of five years, shall be paid b}^ said town to said cit}^ 
and whose award when accepted by the court shall be final. 
Section 3. The town of Peabody, for the purpose of 
making the pa^anents required hereby, may from time to 
time issue bonds, notes or scrip to an amount not exceed- 
ing one hundred and fifty thousand dollars, payable at 
the expiration of periods not exceeding thirty years from 
the dates of issue, bearing interest payable semi-annually 
at a rate not exceeding four per cent per annum. Such 
bonds, notes or scrip shall be denominated on the face 
thereof, Peabody Sewerage Loan, Act of 1904, shall be 
signed by the treasurer of the toAvn and countersigned by 
a majority of the selectmen thereof, and shall not be reck- 
oned in determining the legal limit of indebtedness of 
said town ; and the town may sell said securities at public 
or private sale for not less than the par value and accrued 
interest thereof. The town shall at the time of provid- 
ing for the loan authorized by this act vote to make pay- 
ment thereof by such annual proportionate payments as 
will extinguish the same within the time prescribed by 
this act; and when such provision has been made the 
amount required thereby shall, without further vote, be 
assessed by the assessors of said town in each year there- 
after, in the same manner in which other taxes are assessed 



Acts, 190^. — Chap. 313. 263 

under the provisions of section thirty-seven of ehapter 
twelve of the Revised Laws, until the debt is extinguished. 

Sectiox 4. This act shall take effect u])on its accept- vvhcntotakc 

. effect 

ance, Avithiu three months after its passage, by the city 
council of said city and by a majority of the legal voters 
of said town present and voting thereon at a special town 
meeting duly called for the pur})ose, and it shall be sub- 
mitted to the town for such acceptance upon the petition 
of ten or more registered voters of the town tiled with the 
town clerk. Approved May 9, 1904. 

An Act relative to the powers of the board of coxcilia- njif,^ 81 S 

TION AND ARBITRATION. 

Be it enacted, etc., as foUoivs : 

Section 1. Section two of chapter one hundred and ^/^•^'^^'V^^ 

/» 1 -r> • 1 T 11 ■ ^^^•' amended. 

six of the Revised Laws, as amended by chapter tour 
hundred and fort3'-six of the acts of the yeai nineteen 
hundred and two, is herebv" further amended by inserting 
after the word "blame", in the twenty-fifth line, the 
words : — Said board shall, upon the request of the gov- 
ernor, investigate and report upon a controversy if in his 
opinion it seriously affects, or tlireatens seriously to affect, 
the public welfare, — and by striking out the word " sec- 
tion '*, at the end of the section, and inserting in place 
thereof the words: — four sections, — so as to read as 
follows : — Section 2. If it appears to the mayor of a state board of 
city or to the selectmen of a town that a strike or lock- audlrwtriuion 
out described in this section is seriously tlii'catened or In case*of*!f *^ 
actuallv occurs, he or they shall at once notify the state strike, etc. 
board ; and such notification may be given by the em- 
ployer or by the employees concerned in the strike or 
lock-out. If, Avhen the state board has knowledge that 
a strike or lock-out, which involves an employer and his 
present or former employees, is seriously threatened or 
has actually occurred, such employer, at that time, is em- 
plo3dng, or upon the occurrence of the strike or lock-out, 
was employing, not less than twenty-five persons in the 
same general line of business in any city or town in the 
Commonwealth, the state board shall, as soon as may be, 
communicate with such employer and employees and en- 
deavor by mediation to obtain an amicable settlement or 
endeavor to persuade them, if a strike or lock-out has not 
actually occurred or is not then continuing, to submit the 



264 



Acts, 1904. — Chap. 313. 



To investigate 
cause of con- 
troversy, etc. 



To investigate 
upon request 
of governor, 
etc" 



R. L. 106, § 3, 
amended. 



Settlement of 
certain differ- 
ences between 
employers and 
employees. 



Decision to be 
binding lor 
certain period, 
etc 



controversy to a local board of conciliation and arbitration 
or to the state board. Said state board shall investigate 
the cause of such controversy and ascertain which party 
thereto is mainly responsible or blameworthy for the exist- 
ence or continuance of the same, and mav make and publish 
a report finding such cause and assigning such responsibility 
or blame. Said board shall, upon the request of the gov- 
ernor, investigate and report upon a controversy if in his 
opinion it seriously afi'ects, or threatens seriously to affect, 
the public welfare. The board shall have the same powers 
for the foregoing purposes as are given to it by the pro- 
visions of the following four sections. 

Section 2. Section thi^ee of said chapter one hundred 
and six is hereby amended by inserting after the word 
" cause", in the eighth hue, the words : — and may, with 
the consent of the governor, conduct such inquiry beyond 
the limits of the Commonwealth. The board shall, — by 
striking out the word " therein ", in the eighth line, and 
by inserting after the word "party", in the nineteenth 
line, the words: — and to the board, — so as to read as 
follows : — Section 3. If a controversy which does not 
involve questions which may be the subject of an action 
at law or suit in equity exists between an employer, whether 
an individual, a partnership or corporation emplo3'ing not 
less than twenty-five persons in the same general line of 
business, and his employees, the board shall, upon appli- 
cation as hereinafter provided, and as soon as practicable, 
visit the place where the controversy exists and make 
careful inquiry into its cause, and may, with the consent 
of the governor, conduct such inquiry beyond the limits 
of the Commonwealth. The board shall hear all persons 
interested who come before it, advise the respective par- 
ties what ought to be done or submitted to by either or 
both to adjust said controversv, and make a written decision 
thereof which shall at once be made public, shall be open 
to public inspection and shall be recorded by the secretary 
of said board. A short statement thereof shall, in the 
discretion of the board, be published in the annual report, 
and the board shall cause a copy thereof to be filed with 
the clerk of the city or toAvn in which said business is car- 
ried on. Said decision shall, for six months, be binding 
upon the parties who join in said application, or until the 
expiration of sixty days after either ])arty has given notice 
in writing to the other party and to the board of his inten- 



Acts, 1904. — Chap. 313. 2G5 

lion not to be bound tlle^eb3^ Such notice may l)e given 
to said employees b}' posting it in three conspicuous places 
in the shop or factory where they work. 

Section o. Section four of said chapter one hundred and ^- ^- Jo*;- § *> 

• 11 11, -1 > 1 1 I umencled. 

SIX IS lu'reby amended by striking out the words " thereto 
in writing ", in the sixth line, and inserting in place thereof 
the words : — so to do, — and by striking out the words 
" grievances complained of", in the eighth line, and in- 
serting in place thereof the words : — existing controvers}', 
— so as to read as follows : — Section 4. Said a})plication Applications 
shall be signed by the emploj'-er or by a majorit}^ of his how made'r ' 
employees in the department of the business in which the ^^" 
controversy exists, or by their duly authorized agent, or 
by both parties, and if signed l)y an agent claiming to 
represent a majority of the employees, the board shall 
satisfy itself that he is duly authorized so to do ; but the 
names of the employees giving the authority shall be kept 
secret. The application shall contain a concise statement 
of the existing controversy and a promise to continue in 
business or at work without any lock-out or strike until 
the decision of the board, if made within three weeks after 
the date of filinij the application. The secretary of the Notice of 
board shall forthwith, after such filing, cause public notice ^^''^"^g^' e'^- 
to be given of the time and place for a hearing on the 
application, unless both parties join in the application and 
present therewith a written request that no public notice 
be given. If such request is made, notice of the hearings 
shall be given to the parties in such manner as the board 
may order, and the board may give public notice thereof 
notwithstanding such request. If the petitioner or peti- 
tioners fail to perform the promise made in the applica- 
tion, the board shall proceed no further thereon without 
the written consent of the adverse party. 

Section 4. Section five of said chapter one hundred and !f„^ej;(jed' ^ ^' 
six is hereby amended by striking out the words " a fit 
person ", in the third line, and inserting in place thereof the 
words : — fit |)ersons, — by striking out the word " assist- 
ant ", in the fourth line, and inserting in place thereof the 
word : — assistants, — and by striking out the words " shall 
appoint such experts if so nominated ", in the fifth line, and 
inserting in place thereof the words : — may appoint one 
from among the persons so nominated by each party, — so 
as to read as follows: — Section 5. In all controversies Expert assist- 
between an employer and his employees in which applica- ment.'etc?^"^' 



266 Acts, 1904. — Chap. 314. 

tion is made under the provisions of the preceding section, 
each part}' may, in writing, nominate tit persons to act in 
the case as expert assistants to the board and the board 
may appoint one from among the persons so nominated 
by each party. Said experts shall be skilled in and con- 
versant with the business or trade concerning which the 
controversy exists, they shall be sworn by a member of 
the board to the faithful performance of their official duties 

Powers and and a rccord of their oath shall be made in the case. Said 
experts shall, if required, attend the sessions of the board, 
and shall, under direction of the board, obtain and report 
information concerning the wages paid and the methods 
and grades of work prevailing in establisliments within the 
Commonwealth similar to that in which the controversy 
exists, and they may submit to the board at any time before 
a final decision any facts, advice, arguments or suggestions 
which they may consider applicable to the case. No de- 
cision of said board shall be announced in a case in which 
said experts have acted without notice to them of a time 
and place for a final conference on the matters included in 

oompensation, ^j^g proposed dccisiou. Such expcrts shall receive from 
the Commonwealth seven dollars each for every day of 
actual service and their necessary travelling expenses. 
The board may appoint such other additional experts as it 
considers necessary, who shall be qualified in like manner 
and, under the direction of the board, shall perfonn like 
duties and be paid the same fees as the experts who are 
nominated by the parties. Approved May 9, 1904. 

Chcip.31i4: -^N Act to regulate removals and suspexsioxs from office 

AND EMPLOYMENT IN THE CLASSIFIED CIVIL SERVICE. 

Be it enacted^ etc., as foUoios : 
^ersonsjioid- SECTION 1. Every person holding office or emplo\Tiient 
the public in the public service of the Commonwealth or in any 
be removed, couut}^, city or towu tlicrcof, classified under the civil 
ca*iiseT' °" service rules of the Commonwealth, shall hold such office 
or employment and shall not be removed therefrom, low- 
ered in rank or compensation, or suspended, or, without 
his consent, transferred from such office or employment 
to any other except for just cause and for reasons specifi- 
cally given in writing, 
^veu^etc^^ Section 2. The person sought to l)e removed, sus- 

pended, lowered or transferred shall be notified of the 



Acts, 1904. — Chaps. 315, 316. 267 

proposed action and shall be furnished with a copy of the 
reasons recjuired to be given by section one, and shall, 
if he so requests in writing, be given a i)ublic hearing, 
and be allowed to answer the charges preferred against 
him either personalh^ or bv counsel. A copy of such 
reasons, notice and answer and of the order of removal, 
suspension or transfer shall be made a matter of public 
record. Approved May 9, 1904. 



CJiap.315 



Ax Act relative to the hours of labor of members of fire 

DEPARTMENTS IN CITIES AND TOWNS. 

Be it enacted, etc., as foUotcs : 

Section 1. Any city may, by ordinance passed by Hours of labor 
its city council and approved by its mayor, and any town flr"deparr °^ 
may, by by-law, establish the hours of labor of the mem- "^ents. 
bers of its fire department. 

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

Approved May 9, 1904. 



(7/iaj9.316 



An Act making appropriations for the technical education 

FUND, commonwealth GRANT, FOR THE PROPER REPRESENTA- 
TION OF THE COMMONAVEALTH AT THE NATIONAL ENCAMPMENT 
OF THE GRAND ARMY OF THE REPUBLIC, AND FOR CERTAIN 
OTHER EXPENSES AUTHORIZED BY LAW. 

Be it enacted, etc. , as foliates : 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the Common- *^°'^®- 
wealth from the ordinary revenue, except as otherwise 
provided herein, for the purposes specified in certain acts 
and resolves of the present year, and for certain other 
expenses authorized by law, to wit : — 

To provide for the permanent investment of the Tech- l^^p^^l^^ 
nical Education Fund, Commonwealth Grant, as author- Fund, com. 
ized b}" chapter one hundred and seventy-four of the acts Grant.' 
of the present year, a sum not exceeding four thousand 
four hundred twenty-four dollars and sixty-live cents. 

For William H. Hoar, as authorized by chapter twenty- wiiiiam ii. 
one of the resolves of the present year, the sum of one 
hundred dollars. 

For Margaretta S. Hill, as authorized by chapter twenty- Margaretta s. 
two of the resolves of the present year, the simi of twelve 
hundred dollars. 



268 



Acts, 1904. — Chap. 316. 



First regiment 
of heavy 
artillerv. 



William II. 
Dodge. 



Lemuel D. 
and Anna 
Burr. 



Hannah M. 
McCarthy. 



Additional 
(•ompensation 
for animals 
killed in 
exterminating 
the foot and 
mouth disease. 



Trustees of 
state farm to 
settle certain 
claims for 
personal 
injuries. 



Manual. 



Report of gas 
and electric 
light commis- 
sioners. 



For the payment of certain expenses incurred by the 
first regiment of heavy artilleiy, as authorized ])y chapter 
twenty-three of the resolves of the present year, a sum 
not exceeding twenty-five hundred dollars. 

For AVilliam H. Dodge, as authorized by chapter twenty- 
five of the resolves of the present 3'ear, the sum of one 
hundred twenty-eight dollars and seventj-five cents, the 
same to be paid from the appropriation of the present 
year for the expenses of the cattle bureau. 

For Lemuel D. Burr and Anna Burr, as authorized by 
chapter twenty-six of the resolves of the present year, the 
sum of one hundred and fifty dollars. 

For Hannah M. McCarthy, as authorized by chapter 
twenty-eight of the resolves of the present year, the sum 
of seven hundred and fifty dollars, the same to be paid 
out of the Metropolitan Sewerage Loan Fund. 

For Anderson and Cliristofsen, the sum of one hundred 
twenty-eight dollars and fifty-seven cents ; for Murray- 
Brown, the sum of two hundred fourteen dollars and 
twenty-nine cents ; for Augustus A. Hutchinson, the sum 
of fifty-three dollars and fiftj-seven cents ; for John L. 
Pingry, four hundred thirty-seven dollars and fourteen 
cents; and for M. Henry Worden, forty dollars and 
seventy-one cents, being additional compensation for 
animals killed in exterminating the foot and mouth disease, 
the same to be paid from the unexpended appropriation 
provided for by chapter four hundred and twenty-seven 
of the acts of the year nineteen hundred and three. 

To enable the trustees of the state farm to settle certain 
claims for personal injuries, as provided for by chapter 
thirty of the resolves of the present year, a sum not ex- 
ceeding nine hundred dollars, to be paid out of the Pris- 
ons and Hospitals Loan Fund, authorized by chapter fom* 
hundred and fourteen of the acts of the year nineteen 
hundred and three. 

For printing and binding the manual for the general 
court, the sum of three hundred thirty-four dollars and 
ninety-three cents, the same to be in addition to any 
amount heretofore appropriated for the same purpose. 

For printing and binding the report of the gas and 
electric light commissioners, the sum of one hundred eight 
dollars and twenty-eight cents, the same to be in addition 
to any amount heretofore appropriated for the same pur- 
pose. 



Acts, 1904. — Chap. 316. 269 



For the expenses of the electoral college, a sum not ^-[[''/o™' 
exceeding five hundred dollars. 

For salaries in the ottice of the state board of education, salaries in 
as provided for by chapter two hundred and thirty-four bI!ardo/^"*^*^ 
of the acts of the present year, a sum not exceeding *^'^i"*^''ition. etc. 
twenty thousand dollars, and for trav^elling expenses of 
employees under the direction of the said board, a sum 
not exceeding three thousand dollars. So much of chap- Repeal. 
ter ninety-eight of the acts of the present year as makes 
an appropriation for the salary and expenses of the secre- 
tary of the state board of education, for clerical and mes- 
senger service of the state board of education, and for 
salaries and expenses of agents of the state board of 
education, is hereby repealed. 

For the count}'^ of Franklin, as authorized b}' chapter county of 
thirty-five of the resolves of the present year, the sum of *'''^°^'"^- 
one hundred and fifty dollars. 

For Murdick L. Brison, as authorized by chapter thirty- Miirdkk l. 
six of the resolves of the present year, the sum of one '^"'^°"- 
hundred thirty dollars and fifty cents. 

For Edward E. Williamson, as authorized by chapter Edward e. 
forty-six of the resolves of the present year, the sum of ^^^1'''""^°°- 
one hundred and fifty dollars. 

To provide for giving instruction in riding to the instruction in 
mounted militia, as authorized by chapter forty-seven of mounted 
the resolves of the present 3^ear, a sum not exceeding four ""'''^^^• 
thousand dollars. 

For comv)ensatino; the city of Worcester for l)enefits to city of 
land of the Worcester insane hospital, as authorized by 
chapter forty-nine of the resolves of the present year, the 
sum of one hundred ninetj'^-seven dollars and eight cents. 

For Walter P. :\Iayo, as authorized by chapter fifty of S'.f^^o*;^^- 
the resolves of the present 3^ear, the sum of eighty-eight 
dollars and fifty cents. 

For the maintenance of state highways, as authorized by Maintenance 
chapter two hundred and forty-four of the acts of the Z-Iyt^ '^ ' 
present year, a sum not exceeding fifty thousand dollars. 

To provide for a proper representation of the Common- Representa- 
wealth at the national encampment of the grand army of common- 
the republic to be held in Boston during the present year, na^tlonai en. 
a sum not exceeding fifty thousand dollars. g 'T.'if.'^' "^^ 

For certain expenses at the state normal school at West- state normal 
field, as authorized by chapter fifty-two of the resolves of westtieid. 



270 



Acts, 1904 — Chap. 317 



Manual of 
laws relative 
to prisons. 



Samuel 
Buntin" 



the present year, a sum not exceeding eight hundred and 
fifty dollars. 

For preparing and printing a manual of laws relative to 
prisons, as authorized by chapter fifty-three of the resolves 
of the present year, a sum not exceeding four hundred 
dollars. 

For Samuel Bunting, as authorized by chapter fifty-four 
of the resolves of the present year, the sum of two hun- 
dred dollars. 

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

Approved May 9, 1904. 



Payment of 
damages for 
the taking of 
property by 
right of" 
eminent 
domain, etc. 



CJian.3Vi ^^ ^^t relative to damages for the takixg of property 

BY RIGHT OF EMINENT DOMAIN. 

Be it enacted, etc. , as folloios : 

Section 1. In all cases of property, real or personal, 
taken by right of eminent domain, or subjected to restric- 
tions, limitations or regulations hy the Commonwealth, or 
by any county, city or town therein, the Commonwealth 
or such county, city or town may, at an}^ time after such 
taking, or after the imposition of such restrictions, limi- 
tations or regulations, estimate and award to any person, 
city, town or corporation injured by such taking or by 
such imposition, the damages recoverable therefor, and may 
offer in writing to pay to such person, city, town or cor- 
poration the amount of such award, with interest thereon, 
as provided by law, from the date of such taking or such 
imposition, together with taxable costs if a petition or 
other proceeding for assessment of such damages is pend- 
ing. The person, city, town or corporation to whom or 
to which such offer is made, may reject or accept the same, 
and acceptance thereof may be either in full satisfaction 
of all damages so sustained, or as a payment^ro tanto with- 
out prejudice to an}^ right to have said damages assessed 
by a jury or other competent tribunal. After notice of 
such offer, made as aforesaid, or payment of the amount 
thereof, if payment be made, no interest shall be recov- 
erable, except upon such amount in damages as shall, upon 
final adjudication, be in excess of the amount of said offer : 
}jrovi(led, that all taxable costs accruing subsequently to 
said offer shall be recoverable by the petitioner in all cases. 

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

Apiiroved May 9, 1904. 



Proviso. 



Acts, 1904. — Chaps. 318, 319. 271 



Ax Act to fuovidk von the aitointment of an additional QJinjj 318 

MEMBER OF THE DISTKICT POLICE. 

Be it enacted, etc., as folloivs : 

Section 1. Section one of chapter one hundred and ,^^eu,||!;i' ^ ^' 
eight of the Revised Laws is hereby amended by striking 
out the words " thirteen members", in the fifth line, and 
inserting in place thereof the words : — fourteen members, 
one of whom shall give his whole time to enforcing the 
provisions of sections tifty-six and fiftj^-seven of chapter 
two hundred and twelve of the Revised Laws in relation 
to the arrest of tramps, — so as to read as follows : — Sec- District police 
tion 1. There shall be a district police force divided into n'lem,' term,'"*^^ 
an inspection department and a detective department. The ^^^' 
inspection department shall consist of the chief of said 
force, thirty-three male and two female members ; the 
detective department shall consist of said chief and four- 
teen members, one of whom shall give his whole time to 
enforcing the provisions of sections iifty-six and fifty-seven 
of chapter two hundred and twelve of the Revised Laws 
in relation to the arrest of tramps. The chief shall be 
the head of each of said departments. Each member of 
the district police force shall be appointed by the governor 
for a term of three years, and ma}^ be removed by him. 
Vacancies in either of said departments shall be filled by vacancies. 
appointment to the department in which the vacancy 
occurs. 

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

Approved May 9, 1904. 



Chap.319 



Ax Act to provide for the election of fish wardens by 

THE town of EDGARTOWN. 

Be it enacted, etc., as folloivs : 

Section 1. The town of Edgartown is hereby author- Town of 
ized to choose at any annual town meeting, or at any maf'eie^Tflsh 
meeting duly called for the purpose, fish wardens, in such ^'^^^'^^^^' ^^'^• 
number and with such compensation as the town may 
determine, who shall be sworn to the faithful discharo;e 
of their duty, which shall be to enforce the fishery laws in 
that town ; and for this purpose the fish wardens so chosen 
shall have the powers which the district police now have 



272 Acts, 1904. — Chap. 320. 

or shall hereafter have for the enforcement of the fishery 
laws of the Commonwealth. 

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

Approved May 5, 1904. 

Chap.320 An Act relative to the venue or actions brought to re- 
cover FOR CERTAIN INJURIES OR DAMAGES. 

Be it enacted, etc., as folloivs : 

amended' ^^' Scction six of chapter one hundred and sixtj^-seven of 
the Revised Laws is hereby amended b}' striking out the 
word "or", in the first line, b}^ inserting after the word 
" person ", in the same line, the words : — or corporation, 
— by striking out the words " said person resides ", in the 
fifth line, and inserting in place thereof the words : — in 
the county in wiiich the plaintiff lives, — by striking out 
the word "resides ", in the seventh line, and inserting in 
place thereof the word : — lives, — and by adding at the 
end of said section the words : — An action against a city, 
town, person, or corporation to recover for injury or 
damage received in this Commonwealth by reason of neg- 
ligence other than that relating to such defect, want of 
repair or insufficient railing, shall be brought in the county 
in which the plaintiff lives or has his usual place of busi- 
ness, or in the county in which the alleged injury or damage 

Venue of was received, — so as to read as follows: — Section 6. 

townsfeto!!^'^^* An actiou against a city, town, person, or corporation to 

ete.fc^sed^i'jy fecover for injury or damage received by reason of a defect. 

M^hwavs etc ^^^^^^ "^ repair or of an insufficient railing in or upon a 
highway, town way, causeway or bridge shall be brought 
in the county in which said city or town is situated or in 
the county in which the plaintiff lives ; but such action 
against the city of Boston may be brought in the county 
of Middlesex, in the county of Norfolk or in the county 
in which the plaintiff lives, and such action against the 
town of Nantucket or against any town in the county of 
Dukes County may be brought in the county of Bristol. 
An action against a city, town, person, or corporation to 
recover for injury or damage received in this Common- 
wealth by reason of negligence other than that relating to 
such defect, want of repair or insufficient railing, shall be 
brought in the county in which the plaintift* lives or has 
his usual place of business, or in the county in Avhich the 
alleged injury or damage was received. 

Appjroved May 9, 1904. 



Acts, 1904. — Chaps. 321, 322. 273 



An Act 1 1 ktukk to rKoTECT and i'kkpetuate a certain nT,f,r^ Qq-i 

ALEWIFE FISHEKV IN THE TOAVN <)K SANDAVICII. 

Be, it enacted, etc., asfolloics: 

Section 1. Levi S. Nye and John A. Ilolway, their Levis. xye 
heirs and assigns, shall have for the term often years from HohvaylVu", 
the date of the passage of this act, the exclusive right to s?ve Vilrht^s'ior 
take and catch alewives in the stream known as '' Mill [*"J^^;,''!';'ii.'\.j^y 
River *", from its sources in the ' ' Shawme Lakes or Ponds ", flsheiw in 

, , , , . , Sandwich. 

so-called, through the marshes in the town ot handwich 
to the waters of Cape Cod ba}' : provided, that the said I'^^i'^o- 
Xye and Ilolway, their heirs and assigns, shall construct 
and maintain a good and sufficient passageway over or 
around the dam or dams which now are or may hereafter 
be erected upon said stream to enable fish to enter the 
ponds above such dam or dams, and shall keep such pas- 
sageway open and unobstructed from the first day of April 
to the fourteenth day of June, inclusive, of each year. 

Sectiox 2. Said Nye and Holway, and their heirs and af^^vhef °* 
assigns, may catch alewives during two thirds of the period restricted. 
specified in section one, that is to say, upon fifty days out 
of the seventy-five days iDctween the first day of April and 
the fom'teenth day of June, inclusive, of each year. 

Section 3. Any person or persons taking alewives Penalty, 
in said Mill river or in the said lakes or ponds without the 
written consent of the said Nye and Holway, or of their 
heirs and assigns, shall, upon the complaint of said Nye or 
Holway, or of their or any of their heirs or assigns, or 
of any person in their l^ehalf, forfeit not less than ten nor 
more than twenty dollars for each offence. Half of every 
jjucli forfeiture shall l^e paid to said Nye and Holway or to 
their heirs or assigns. Ai^proved May ,9, 1904. 



An Act to provide for the auditing of certain trust funds ni^fij) Q99 

AND accounts. 

J5e it enacted, etc., as foUoios : 

Section 1. It shall be the duty of city and town auditors citr and to^m 
at least once every year, and so much oftener as they may aulilt^'e'rta'in 
deem it necessary, to audit the accounts of the trustees of amiiccounts, 
any property the principal or income of which, in whole or ^'^'^• 
in part, was bequeathed or given in trust for the benefit of 
the city or town or any part thereof, or for the benefit of the 



274: 



Acts, 1904. — Chap. 323. 



Auditors to be 
given free 
access to 
accounts, etc. 



To apply only 
to certain 
property. 



inhabitants of tlie city or town or of any part thereof, and 
to examine and estimate the funds, securities and evidences 
of property held by such trustees. City and town auditors 
shall include in their annual reports a report of such au- 
diting and investigation ; and if they discover any fraud 
or irregularity they shall immediately report the same to 
the mayor and treasurer of the city or to the selectmen and 
treasurer of the town. 

Section 2 . It shall be the duty of the trustees desig- 
nated in section one hereof to give city and town auditors 
free access to their accounts, funds, securities and evi- 
dences of property ; and any such trustee who refuses to 
exhibit his trust accounts, funds, securities and evidences 
as aforesaid shall be sulyect to a fine of not less than fifty 
nor more than two hundred dollars. 

Section 3. This act shall be construed as applying 
only to property held in trust for public uses. 

Approved May 9, 1904. 



CJlCllJ 323 "^^ "^*^^ ^*^ TKOVIDE FOR IMPROVEMENTS AXD ADDITIOXS AT CER- 
TAIN STATE INSTITUTIONS. 



Treasurer and 
receiver gen- 
eral to issue 
scrip or cer- 
tificates of 
indebtedness, 
etc. 



Be it enacted., etc., as foUoios : 

Section 1. To provide funds for the construction or en- 
largement of certain public institutions hereinafter named, 
and for the proper keeping of the insane and others com- 
mitted to the care of the Commonwealth, the treasurer and 
receiver general is hereby authorized, with the a})proval 
of the governor and council, to issue scrip or certificates 
of indebtedness to an amount not exceeding five hundred 
and seven thousand two hundred and fifty dollars, for a 
term not exceeding thirty years. Such scrip or certificates 
of indebtedness shall be issued as registered bonds, and 
shall bear interest at a rate not exceeding four per cent per 
annum, payable semi-annually on the first days of jVIay 
and November. They shall l)e designated on the face 
Hospital Loan. theTcof as the Prison and Hospital Loan, shall be counter- 
signed by the governor, 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. 
Such scrip or certificates of indebtedness shall be disposed 
of at public auction, or in such other manner, and at such 
times and prices, and in such amounts, and shall bear such 



Prison and 



Acts, 1904. — Chap. 323. 275 

rates of interest, not exceeding four per cent per annum, 
as shall bo doeniod for the best interests of the Common- 
Avealtli, but none of the same shall be sold at less than the 
par value thereof. The sinkin<i' fund estalilished by chap- sinking fund. 
ter three hundred and ninety-one of the acts of the year 
eighteen hundred and seventy-four, known as the Prison 
and H()S})ital Loan Sinking Fund, shall also be maintained 
for the })urpose of extinguishing bonds issued under the 
authority of this act ; and the treasurer and receiver gen- 
eral shall apportion thereto from year to year an amount 
sufficient with the accumulations of said fund to extinguish 
at maturity the debt incurred by the issue of said bonds. 
The amount necessary to meet the annual sinking fund 
requirements and to pay the interest on said bonds shall 
be I'aised by taxation from year to year. 

Section 2, From the aforesaid loan expenditures may Massaciiusetts 
be made as follows : — By the trustees of the Massachu- FeeWe- °^ 
setts School for the Feeble-Minded, a sum not exceeding ^^"*^'^*^- 
forty-five thousand dollars, for the following purposes : — 
For constructing and Imnisliing two houses for attendants, 
a sum not exceeding thirty thousand dollars, and for an 
addition to the'electric lighting plant, a sum not exceeding 
fifteen thousand dollars. By the trustees of the North- xorthampton 

1-1 " T 1 insane 

amptou insane hospital, a sum not exceeding ten thousand hospital. 
dollars, for the following purposes : — For completing and 
furnishing a ward for women patients, a sum not exceeding 
thirty-five hundred dollars ; and for furnishing the men's 
infirmary, a sum not exceeding six thousand five hundred 
dollars. By the trustees of the state colony for the insane state colony 
at Grardner, a sum not exceeding eighty-eight thousand at^Gardner.'^^ 
four hundred and fifty dollars, for the following purposes : 
— For constructing and furnishing buildings for patients, 
Avith barn and water supply, a sum not exceeding fifty-six 
thousand dollars ; for filter beds for sewage disposal, a sum 
not exceeding fifteen thousand dollars ; for ice house, hoist- 
ing machinery, mechanics' building, spur track, coal trestle 
and road repairing tools, a sum not exceeding sixteen thou- 
sand six hundred and fifty dollars ; and for the purchase 
of land, a sum not exceeding eight hundred dollars. By Taunton in. 
the trustees of the Taunton insane hospital, a sum not ^''"*^ wf'Pita • 
exceeding one hundred and sixteen thousand eight hun- 
dred dollars, for the following purposes : — For repairing, 
reconstructing and refurnishing that part of the hospital 
recently damaged by fire, a sum not exceeding twenty- 



276 



Acts, 1904. — Chap. 323. 



Taunton in- 
sane hospital. 



Repeal. 



AVestborough 

insane 

hospital. 



Worcester 
insane asylum. 



seven thousand three hundred and fifty dollars ; for fire- 
proof doors, frames, casings, transoms and galvanized iron 
flues, a sum not exceeding sixtv-two hundred dollars ; for 
lajdng a new water main for fire protection, a sum not 
exceeding twelve thousand dollars ; for an addition to the 
laundry, a sum not exceeding ten thousand dollars ; for 
laundry machinery, a sum not exceeding four thousand 
dollars : for finishing and furnishino- the attic of the women 
nurses' house, a sum not exceeding thirty-three hundred 
dollars ; for a farm 1)uilding, a sum not exceeding sixteen 
hundred dollars ; and for installing an electric plant to 
light and furnish power for said hospital, a sum not ex- 
ceeding fifty-two thousand three hunclred and fifty dollars. 
Chapter one of the resolves of the present year, providing 
for certain repairs and improvements at the Taunton insane 
hospital, and so much of chapter one hundred and ninety 
of the acts of the present year as appropriates the money 
for said repairs, are hereby repealed. By the trustees of 
the Westborough insane hospital, a sum not exceeding 
seventy -five thousand dollars, for the following purposes : 
— For constructino' and furnishino; a buildino- for cases 
of acute insanity, a sum not exceeding thirty thousand 
dollars ; for constructing and furnishing houses for em- 
ployees, a sum not exceeding thirty thousand dollars ; for 
a building for pathological work, a sum not exceeding seven 
thousand dollars, the same to be in addition to the five 
thousand dollars authorized by chapter four hundred and 
thirty-four of the acts of the year nineteen hundred and 
two for the same purpose ; and for a superintendent's 
house, a sum not exceeding eight thousand dollars. By 
the trustees of the AVorcester insane asylum, a sum not 
exceeding one hundred and sixty-two thousand dollars, 
for the following purposes : — For constructing and fur- 
nishing a building for disturbed patients at the Grafton 
colony, a sum not exceeding eighty thousand dollars : for 
further colony development, including accommodations 
for fifty patients at the Grafton colony, a smn not exceed- 
ing thirty thousand dollars ; for power house and extension 
of railroad track at the Grafton colony, a sum not exceed- 
inir twentv-six thousand dollars ; for an electric lio-htinof 
plant at the Grafton colony, a sum not exceeding twenty 
thousand dollars ; and for the construction of a refriger- 
ating plant at the Worcester insane asylum, a sum not 
exceeding six thousand dollars. By the trustees of the 



Acts, 1904. — Chap. 324. 277 

"Worcester insane hospital, a sum not exceeding ten thou- Worcester in. 
sand dollars, for a pathological building and morgue. ^^^'^ ospita . 

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

Approved May 13, 1904. 

Ax Act to authorize the toavx of ipswich to furxish elec- ni^r.r.-. qq < 

TRICITY to the TOWX OF ROAVLEY AND ITS IXHABITAXTS. ' " 

Be it enacted, etc., as follows: 

Section 1. The town of Ipswich is hereby authorized, ^psTvich^may 
upon the approval of the board of selectmen of the town of furnish eiee- 

-n 1 1/^.11 -If 11 • 1 • 1 • tricity m town 

Kowlev and ot the board ot o-as and electric lioht conimis- of Rowley, 

• • . . etc 

sioners, to construct or acquire within the town of Rowley a 
plant or system for the distribution and sale of electricity, 
and to carry on the business of furnishing electricity for 
light, heat and power in the town of Rowley, the same to 
be manufactured however at its central station in Ipswich. 
The town of Ipswich, in all matters authorized or under- 
taken under and by virtue of this act in the town of Rowley, 
shall have all the rights, powers and privileges, and be 
subject to all the duties, restrictions and liabilities set 
forth in all general laws now or hereafter in force applica- 
ble to companies engaged in the transmission of electricity 
for light or power, with the exceptions that its manufactory 
shall be within its own territorial limits, and that if at any Town of 
time the town of Rowley shall determine to own and operate purcifas™'^^ 
an entire municipal lighting plant, then the town of Ipswich plfint'^g'tc"^ 
shall be bound to sell its distributing plant in the town of 
Rowley to said town of Rowley, at a price to be agreed 
upon, or else to be determined in the manner provided by 
law in cases of towns acquiring the lighting plants of 
private companies ; but in voting upon, or appropriating 
or borrowing money for, anything authorized by this act, 
the town of Ipswich shall be governed by and shall pro- 
ceed under the laws relating to the enlargement or exten- 
sion of municipal lighting plants. 

Section 2. If the town of Rowley or any person, firm Town of 
or corporation shall have constructed or acquired in said cmnrapt " or'^ 
town, in the manner required by law, a plant for the dis- eiectridtf 
tribution and sale of electricity for light, heat or power, conluions'^^^ 
before the town of Ipswich shall have obtained the approval 
of the selectmen of the town of Rowley and of the board 
of gas and electric light commissioners, as provided in the 
preceding section, then instead of proceeding under said 



278 



Acts, 190J:. — Chaps. 325, 326. 



section, the town of Ipswich is hereb}^ authorized to furnish 
and sell electricity to the town of Rowley or to such person, 
firm or corporation, at any point or points on the dividing 
line between said towns, and may contract for a term of 
years with the owner or owners of said plant for supplying 
electricit}' to the same. Approved May 13^ 1904. 



Ch(lD.325 "^^ "^^^ ^^ RATIFY AND CONFIRM CERTAIN PROCEEDINGS OF THE 
REAL ESTATE AND BUILDING COMPANY. 



Certain pro- 
ceedings, etc., 
of tlie Real 
Estate and 
Buildiuf; 
Com])any 
conflnned. 



ProTiso. 



Be it enacted, etc., as follows: 

Section 1. The proceedings of the Real Estate and 
Building Company, a corporation duly organized under the 
provisions of chapter t^venty-two of the acts of the year 
eighteen hundred and sixty-one, appearing on its records, 
and all conveyances and transfers of pioperty by said com- 
pany, or purporting to be in its name and behalf, made 
before the passage of this act and after the expiration of 
three years from the time when the charter of said cor- 
poration expired b}" its limitation, are hereby ratified and 
confirmed, and the same shall be taken to be as valid, to 
all intents and purposes, as if the charter of said corpora- 
tion had not expired: ^jrorw/er/, that such ratification shall 
not impair the legal rights of any person ; and the charter 
of said company is hereby revived so far as necessar}^ for 
the purposes aforesaid, but only to that extent. 

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

Ap2)roved May 13, 1904. 



Chap.326 



The metro- 
politan park 
commission to 
construct a 
public bath 
house on 
Nahant beach, 
etc. 



May establish 
rules and reg- 
ulations, etc. 



An Act to provide for the construction by' the metropoli- 
tan PARK commission OF A PUBLIC BATH HOUSE ON NAHANT 
BEACH. 

Be it enacted, etc., as follows : 

Section 1 . The metropolitan park commission is herel:»y 
authorized and directed to construct, and thereafter to main- 
tain, on the land taken in the town of Nahant for the Nahant 
Beach parkway, and at the locality specified by the com- 
mission in its annual report for the year nineteen hundred 
and two, a public bath house, with the necessary appurte- 
nances ; and the said commission is hereby authorized to 
make such changes in the roadways as may be necessary 
or convenient for this purpose. The commission may 
establish rules and rcirulations and make reasonable charges 



Acts, 1904. — Chap. 327. 279 

for the use of the bath house, aiul all sums received for 
such use shall he paid to the treasurer and receiver gen- 
eral, and shall be ])laced by him to the credit of the Met- 
ropolitan Parks Expense Fund, and may be expended by 
the said conunission in addition to any loans or api)ropria- 
tions authorized for park purposes. 

Sectiox 2. To meet expenditures made under authoritv Metropolitan 

^ . 1 -J.! ^1 " Parks Loan. 

of this act the treasurer and receiver general, with tiie 
approval of the governor and council, shall issue serip or 
certiticates of indebtedness, bearing interest at a rate not 
exceeding four per cent per annum, to the amount of 
seventy thousand dollars as an addition to the Metropoli- 
tan 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 incurred by said commis- 
sion uuder the act aforesaid, and shall add to the existing 
sinking fund to provide for the payment of the same. Such 
scrip or certificates of indebtedness shall be issued and 
additions to said sinking fund shall be assessed and col- 
lected 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 eight- 
een hundred and ninety-five and of chapter four hundred 
and nineteen of the acts of the year eighteen hundred and 
ninety-nine. 

Sectiox 3. This act shall take efiect upon its passage. 

Approved May 13, 1904. 

Ax Act to provide for the pensioning of permanent mem- (]7/^f^r).327 

BERS OF POLICE DEPARTMENTS AND FIKE DEPARTMENTS IN 
TOWNS. 

Be it enacted, etc., as foUotvs : 

Sectiox 1. The selectmen of every town which accepts certain mem- 
this act shall retire from active service and place upon the poiit-eandflre 
pension roll any permanent member of the police depart- town?™(xSpt-'^ 
ment and any permanent member of the fire department of jjg=pe5||io^e^° 
such town found by them to he permanently incapacitated, etc. 
mentally or physically, for useful service in the department 
to which he belongs, by injuries received through no fault 
of his own in the actual performance of his duty. They 
may also retire and place upon the pension roll any per- 
manent member of either of said departments who has per- 



280 



Acts, 1904. — Chaps. 328, 329. 



Persons pen- 
sioned may be 
called upon 
for temporary 
service in 
cases of 
emerseucr. 



AVhen to take 
effect. 



formed faithful service iu the department for not less than 
twenty-live years continuously, and is not less than sixtj' 
years of age. Every person retired under the provisions 
of this act shall annually receive as a pension a sum equal 
to one half of the annual compensation received b}^ hini at 
the time of his retirement. Such pensions shall be paid by 
the town, which shall appropriate money therefor. 

Section 2. The selectmen of any town which accepts 
this act are hereby authorized, in case of an emerge nc}, to 
call upon any person so pensioned b}^ such town for such 
temporary service in the dej:)artment from which he was 
retired as they may deem him fitted to })erform, and during 
such service he shall be entitled to full pay. 

Sectiox 3. This act shall take efiect upon its passage 
so far as to allow any town to vote upon the acceptance 
of the same, but shall not take full effect in anv town until 
it has been accepted by a vote of two thirds of the voters 
of such town present and voting thereon at an annual town 
meeting. Ajjproved May 13, 1904. 



ChCip.^2S ^^' -^CT TO PROVIDE FOR CERTAIN PAYJIEXTS BY THE COUNTY OF 
BRISTOL FOR THE LAW LIBRARIES AT NEW BEDFORD AND FALL 



County of 
Bristol to make 
certain pay- 
ments for law 
libraries. 



Be it enacted, etc., as foUoivs : 

Section 1. The treasurer of the county of Bristol shall 
pay over annually to the treasurers of the bar associations 
in the cities of New Bedford and Fall River, respectively, 
all sums authorized by law to be expended by said county, 
including naturalization fees, for the law libraries estab- 
lished in said cities. These sums shall be used for main- 
tainino' and enlarginsf said libraries as established under 
the provisions of chapter four hundred and twenty-three 
of the acts of the j^ear eighteen hundred and ninety-foiu' 
and acts in amendment thereof and in addition thereto. 

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

Approved May 13, 1904. 



Chcin.S2i^ An Act to provide rrRTiiER for the protection of pickerel. 
Be it enacted, etc., as folloios : 

am^nded^ ^~" Scction sixty-scvcn of chapter ninety-one of the Revised 
Laws is hereby amended by striking out the words " the 
county of Berkshire ", in the first and second lines, and 



Acts, 1904. — Cii.u>. 330. 281 



insortinir in \)\acc thereof the words; : — this Common- 
weakh, — by striking out the words " in said county", in 
the third line, and by inserting after the word "taken", 
in the fifth line, the words : — held in possession, — so as 
to read as follows : — /Section 67. Whoever takes from Taking, etc, 
the waters of this Commonwealth a pickerel less than ten reguuited! 
inches in lenirth, or sells or offers for sale, or has in his pos- 
session with intent to sell any such pickerel, shall forfeit 
one dollar for each pickerel so taken, held in possession, 
sold or offered or exposed for sale ; and in prosecutions 
under the provisions of this section the possession of pick- 
erel less than ten inches in length shall be prima facie evi- 
dence to convict. Approved 3Iay 13, 1904. 



Ax Act to ixcorporate the maria hayes home for aged 

PERSONS. 



C^«^.330 



Be it enacted^ etc., as folloics : 

Section 1. Edward Clark, Oliver A. Felch and AVil- Maria Hayes 

' Home tor Aged 

liam Xutt, their associates and successors, are hereby made Persons 
a corporation by the name of the ]Maria Hayes Home For 
Aged Persons, to be located in the town of Natick, 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. 

Sectiox 2. The object of the said corporation shall be object of 
to carry out the trust created by the will of Maria Hayes, ^«^yi^o^'''t'o'^- 
late of Xatick, Avho devised and beciueathed certain prop- 
erty to the persons above named as trustees according to 
the following trust : — "To establish and maintain an old 
people's home where old persons of respectable character 
shall be admitted and cared for in their declining years". 
It shall be the duty of the said corporation to carry out 
the trust so expressed ; and it is authorized to take, hold 
and use any other property which may be given to it by 
will or otherwise, in trust or otherwise, for the purposes 
of the corporation. 

Section 3. The officers of the corporation shall be a officers, eiec 
president, secretary and treasurer, who shall be elected etc' 
annually. The secretary shall keep a record of the acts 
of the corporation in a book prepared for the purpose, in 
which he shall also record a copy of this act of incorpora- 
tion. The treasurer shall give a bond, with sureties satis- 
factory to the corporation, in double the amount of the 



282 



Acts, 1904. — Chaps. 331, 332. 



Vacancies in 
membership. 



May dispose of 
real or per- 
sonal proiierty, 
etc. 



Proviso. 



May hold real 
estate and 
personal 
property. 



property intrusted to him, conditioned that he shall safely 
keep, invest and pay out the funds intrusted to him. The 
corporation shall have power to fill any vacancies in the 
membership of the corporation occasioned by death, res- 
ignation or otherwise. 

Section 4. The said corporation is hereby authorized 
to sell or dispose of, at public or private sale, any real or 
personal property, or any interest in or title thereto, which 
it may hold under the said will, and to settle and compound 
with any persons who may have or claim any interest in 
or title to such property : provided, that the proceeds of 
any such sale or settlement shall be applied by the said 
trustees to the purposes of the corporation. 

Section 5. The said corporation ma}' hold real estate 
to the value of twenty thousand dollars, and personal prop- 
erty to the value of fift}' thousand dollars. 

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

Apjjroved May 13, 1904. 



C/?«Z>.331 ""^ "^*-^^ ^*^ PROVIDE FOR COMPENSATING THE JUSTICE OF THE. 
FIRST DISTRICT COURT OF BARNSTABLE FOR CLERICAL WORK. 



.Justice of first 
district coiirt 
of Barnst;il)le, 
clerical work. 



Be it enacted, etc. , as follows : 

Section 1. There shall be paid and allowed to the jus- 
tice of the first district court of Barnstable tlu"ee hundred 
dollars a year for clerical work. 

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

Approved May 13, 1904. 



ChcW.332i '^^ ^^^^ '^^^ AUTHORIZE AN ANNUAL APPROPRIATION FOR REGULAT- 
ING THE SALE OF CONCENTRATED COMMERCIAL FEED STUFFS. 



Be it enacted, etc. , as folloivs : 

Section 1. Section ten of chapter one hundred and 
twenty-two of the acts of the year nineteen hundred and 
three is hereby amended by striking out the words " for the 
present year", in the fourth line, and inserting in place 
thereof the word : — annually, — so as to read as follows : 
— Section 10. To defray the expenses of making the 
analyses and of carrying out the regulations provided for 
or made by or under this act the sum of tliree thousand 
feed Btutfs'.'etc. dollars shall be allowed annualh^ from the treasury of the 
Commonwealth, payable in semi-annual payments. 

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

Approved May 13, 1904. 



1903, 122, § 10, 
amended. 



Payment of 
expenses of 
making 
analyses of 
contfentrated 
commerci.'il 



Acts, 1904. — Chap. 333. 283 



Ax Act kelative to tue height of buildings in the city QJiap,3S^ 

OF BOSTON. 

Be it enacted, etc., as follotvs: 

Section 1. The city of Boston shall be divided into city of Boston 
districts of two classes, to be designated districts A and i.ao^distri.ts 
B. The boundaries of the said districts, established as ll';^'' ''^-^'''''' 
hereinafter provided, shall continue for a period of fifteen 
years, and shall be deterniined in such manner that those 
parts of the city in which all or the greater part of the 
buildings situate therein are at the time of such determina- 
tion used for business or commercial purposes shall be in- 
cluded in the district or districts designated A, and those 
parts of the city in which all or the gi'eater part of the 
buildings situate therein are at the said time used for res- 
idential purposes or for other purposes not business or 
commercial shall be in the district or districts designated B. 

Section 2. Upon the passage of this act the mayor of He?™t ol*^'' *^° 
the city shall appoint a commission of tliree members, to ^^"^^^'f^^/'^ 
be called " Commission on Height of Buildings in the City soston,^^^ 
of Boston". The commission shall immediately upon its duties^ ete."^ ' 
appointment give notice and public hearings, and shall 
make an order establishing the boundaries of the districts 
aforesaid, and, within one month after its appointment, 
shall cause the same to be recorded in the registry of deeds 
for the county of Suifolk. The boundaries so established 
shall continue for a period of fifteen years from the date 
of the said recording. Any person who is aggrieved by 
the said order may, within thirty days, after the recording 
thereof, appeal to the commission for a revision ; and the 
commission may, within six months after its appointment, 
revise such order, and the revision shall be recorded in 
the registry of deeds for the county of Suffolk, and shall 
date back to the original date of recording. The mem- vacancy, etc. 
bers of the commission shall serve until the districts have 
been established as aforesaid ; and any vacancy in the 
commission caused by resignation, death or inability to act 
shall be filled by the ma^^or, on \vi-itten application by the 
remaining members of the commission or of ten inhabitants 
of the city. The members of the commission shall receive compensation. 
such compensation as the mayor shall determine. 

Section 3. In the city of Boston no building shall be Height to 
erected to a height of more than one hundred and twenty- ingsSiiayVe" 



five feet above the gi^ade of the street in any district des- 



erected. 



28i Acts, 1904. — Chaps. 334, 335. 

ignated A, and no Ijuilding shall be erected to a height of 
more than eighty feet above the grade of the street in any 
district designated B. These restrictions shall not apph^ 
to grain or coal elevators or sugar refineries in any district 
designated A, nor to steeples, domes, tovrers or cupolas 
erected for strictly ornamental purposes, of fireproof ma- 
terial, on buildings of the above height or less in an}* 
district. 
ofp^ovtsions. The supreme judicial com't and the superior court shall 
each have jurisdiction in equity to enforce the provisions 
of this act, and to restrain the violation thereof. 

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

Approved May 13, 1904. 



Cha2).3U 



Ax Act relative to the time fok voting alloaved to the 

EMPLOYEES OF CERTAIX ESTABLISHMENTS. 

Be it enacted, etc., as folloics : 
B..J..n,^a, Sectiox 1. Chapter eleven of the Eevised Lavrs is 
hereby amended by striking out section five as amended 
by section one of chapter three hundred and eighty-four 
of the acts of the year nineteen hundred and two, and in- 
Time to be serting in place thereof the following : — Section 5. Xo 
Totinrl.f°'^ person entitled to vote at an election shall, upon the day 
employees. ^f g^,^y such election, bc employed in 2A\y manufacturing, 
mechanical or mercantile establishment, except such as 
may lawfully conduct its business on Sunday, during the 
period of two hours after the opening of the polls in the 
voting precinct or town in which he is entitled to vote, if 
he shall make application for leave of absence during such 
period. 

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

Approved May 13, 1904. 

CllClV 335 ^^ ^^^ ^^ PROVIDE FOR REGISTRATION OF THE INSIGN^A OF 
SOCIETIES, ASSOCIATIONS AND LABOR UNIONS, AND TO PROHIBIT 
THE UNAUTHORIZED USE THEREOF. 

Be it enacted, etc., as follows : 

Registration of SECTION 1. The insignia, ribbons, badges, rosettes, 
oTsoHeties?'' buttous and emblems of any society, association or labor 
hibor unions, ,^|^jq,^ j^^^y be registered in the oiSce of the secretary of 
the Commonwealth in the manner and subject to the provi- 
sions, so far as they are applicable, set forth in section seven 



Acts, 1904. — Chaps. 336, 337. 285 

of chapter sevonty-t\vo of the Revised Laws in regard to 
labels : and the secretary is hereby authorized to make reg- 
ulations and prescribe forms for such registration. 

Section '1. Whoever, not being a member of a society. Penalty for 

... 1 , • J? J_^ "^ L' J.' unauthorized 

association or labor union, tor the purpose oi representing use, etc. 
that he is a member thereof, wilfull}^ wears or uses the 
insignia, ribbon, badge, rosette, button or emblem thereof, 
if the same has been registered in the office of the secretary 
of the Commonwealth, shall be punished by a fine of not 
more than twenty dollars, or by imprisonment for not more 
than thirty days, or by both such fine and imprisonment. 

Sectiox 3. Chapter four hundred and thirty of the Repeal, 
acts of the year nineteen hundred and two and chapter two 
hundred and seventy-five of the acts of the year nineteen 
hundred and three are hereby repealed. 

Approved May 13, 1904. 



Chap.3'd6 



Ax Act relative to the sale of horses at auction in the 

CITY of boston. 

Be it enacted, etc., as foUoios : 

Section 1. No person shall use or occupy for the sale saie of horses 
of horses at auction any place within the building limits cemfn piaSs 
of the city of Boston as they are now^ established, unless !fj.<^^'?fjted 
such place is so used or occupied at the date of the passage 
of this act, and any place so used or occupied at the date 
of the passage of this act shall cease to be so used or 
occupied on the first day of January in the year nineteen 
hundred and six. 

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

Approved May 13, 1904. 



Chap.331 



An Act to authorize the springfield gas light company 
TO do business in the town of agawam. 

Be it enacted, etc., as follows : 

Section 1. The Springfield Gas Light Company is TheSprhia;. 
hereby authorized, upon the approval of the selectmen of 'i''^,n^^^ujif^ 
the town of Ag-awam and of the board of o-as and electric 'Jo business in 

T , . P 1 1 • "^ 1- ,• • 1 • Agawam. 

light commissioners, to carry on the business oi lurnishing 
gas for heat, light and power in the town of Agawam ; with 
all the rights, powers and privileges and subject to all the 
duties, liabilities and restrictions set forth in all general 



286 Acts, 1904. — Chaps. 338, 339, 340. 

laws now or hereafter in force applicable to such corpora- 
tions. 

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

Ajyprovecl May 13, 1904. 

Oliaii 338 ^^ ^^^ ^^ AUTHORIZE THE TOWN OF STONEHAM TO REPAY TO 
HATTIE >I. CHAMBERLAIX CERTAIN TAXES ERRONEOUSLY COL- 
LECTED. 

Be it enacted, etc., as foUows : 
Town of Section 1. The selectmen of the town of Stoneham are 

btoneham mav i • i 

pay a certain " hereby authorized to pay ironi the treasuiy oi the town to 

M. Chamber- Hattic M. Chamberlain the sum of thirty-nine dollars and 

^^^^' sixty-three cents, being the amount of taxes erroneously 

paid to the town by her in the years eighteen hundred and 

ninet}^ to eighteen hundred and ninety-two, inclusive. 

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

Approved May 13, 1904. 

Chew 339 ^^^ ^^^ '^^ ABOLISH THE BOARD OF SEWER COMMISSIONERS OF 

THE TOWN OF HYDE PAJJK. 

Be it enacted, etc., as foUoivs : 

Board of Sectiox 1. The board of sewer commissioners of the 

sioners of towH of Hydc Park is hereby abolished, and the powers 
aboifshe^d, etc. and dutics HOW pertaining to that board shall hereafter 

pertain to the selectmen of the town. 
Pending busi- Section 2. No Contracts, rio-hts, liabilities, takings, 

ness not . .® .. *,' 

affected, etc. assessments, suits or other business now existing or pend- 
ing shall be affected by this act, but the selectmen shall in 
all respects and for all purposes be the lawful successors 
of the said board of sewer commissioners. 

effect ^° ^^''^ Sections. This act shall take effect upon its accept- 
ance by the voters of the said town voting thereon at a 
legal meeting called for the purpose. The vote shall be 
by ballot, and the check list shall be used. 

Approved May 13, 1904. 

OhClT>.S4iO -^^ ^^^ "^^ EXTEND THE CORPORATE POWERS OF THE TURNERS 

FALLS COMPANY. 

Be it enacted, etc., as foUoics : 

Faus^c^mimny SECTION 1 . The Tumcrs Falls Company is hereb}^ au- 
^ electricity thorizcd to generate and store electricity in the towns of 



may 
etc 



Acts, IIKU. — Chap. UO. 287 

^Montague and Greenfield, and to transmit, sell and dis- in certain cities 
trihute'eleetru'ily in any eity or town in the counties of '^"^^ *'^^^'"s. 
Franklin and Ilanipshire, upon receiving the approval of 
the mayor and aldermen of any such city or the selectmen 
of any such town, excepting the towns of Bernardston, 
T)e(M-field, Shclburne, Buckland, Amherst, Orange and 
Greenfield, and also in such })art of the town of Greenfield 
as is or may be owned by said Turners Falls Company, and 
to transmit, sell and distribute electricity to street railway 
companies whose tracks are located wholly or partly in the 
count}' of Franklin, for the purposes and subject to the 
limitations and restrictions hereinafter expressed. 

Section 2. The said company may erect and maintain May erect 
necessary poles for the supjwrt of wires and may string and tain wires?' 
maintain wires thereon upon private land, with the assent ®'*^" 
of the owners thereof, and in, through or over any streets 
or highwaj^s, subject however to the provisions of sections 
one to five, inclusive, of chajiter one hundred and twenty- 
two, and of sections twenty-six and twenty-seven of chap- 
ter one hundred and twenty-one of the Revised Laws, and 
of all other general laws now or hereafter applicable 
thereto ; and said company ma}^ lay its wires, or any part 
thereof, underground, upon obtaining the same permissions 
which are required for overhead lines by the provisions of 
said sections of the Revised Laws. Said comi^any shall. To be subject 

to ccrtciiii i>ro- 

with respect to generating, storing, transmitting, selling visions of law. 
and distributing electricity, except as otherwise provided 
herein, be sul)ject to all general laws now or hereafter in 
force applicable to corporations engaged in the manufac- 
ture, transmission or sale of electricity for power, except 
street railway companies. 

Section 3. The said company may furnish electricity May furnish 
for mechanical, manufacturing, railroad and railwa}^ pur- certSn plu^^ 
poses, and may furnish electricity to municipalities and poses, etc. 
companies located in the counties of Franklin or Hamp- 
shire and engaged in the business of furnishing electricitj'- 
for light, heat or power, but said company shall not engage, 
directly or indirectly, in furnishing electricity for use for 
light, heat or power, except as aforesaid. The said com- May lease part 
pany may also lease any ]mrt of its water power not used powlr!* 
bv it to persons or corporations for the generation of elec- 
tricity in the town of Montague for use therein. 

Section 4. The said company may, for the purposes ]May construct 
of creating a water power, construct, maintain and use a tVe'^c"nnectf- 

cut river, etc. 



288 Acts, 1904. — Chap. 3-tl. 

dam across the Connecticut river between Greenfield and 
Montague, subject to all general laws relative thereto. 
eiecttidtv^ Section 5. Unless said company shall install a plant 

Avithinflve and furnish electricity under the provisions of this act 
within five years after its passage all rights granted herein 
shall cease, except in the town of Montague. 
eiec^trFcHy for Section 6. The right to scU or distribute electricit}^ 
te'n^years"^^^ Under the provisious of this act shall cease at the end of 
ten 3'ears after the passage of this act, in every city or 
town, except Montague, in which said company shall not 
have entered upon the supply and sale of electricitj^ for 
power, in accordance with the terms hereof, 
norifbrid°ed!^^ SECTION 7. Nothing herein contained shall be so con- 
strued as to abridge the powers heretofore granted to said 
corporation. 

Section 8. This act shall take effect upon its passage. 

Approved May 13, 1904. 



CAft».341 -^^ '^^"^ ''"'^ AUTHORIZE FIRE DISTRICT NUMBER ONE IN GREEN- 
FIELD TO BORROW MONEY FOR THE CONSTRUCTION OF A RESER- 
VOIR AND WORKS IN CONNECTION THEREWITH. 

Be it enacted, etc., as follotos : 

Diln-ko^Reser.^ SECTION 1. Fire District Number One in the town 
voir Loan. ^f Greenfield, for the purpose of paying the necessary 
expenses of constructing and completing a reservoir upon 
Glen brook in Leyden, w^th dams, conduits, pipes and 
other works incident thereto, authorized by chapter two 
hundred and twenty-two of the acts of the year eighteen 
hundred and seventy, may issue from time to time bonds, 
notes or scrip, to an amount not exceeding one hundred 
thousand dollars. Such bonds, notes or scrip shall bear 
on their face the words, Greenfield Fire District Reser- 
voir Loan, shall be payable at the expiration of periods 
not exceeding twenty years from the date of issue, shall 
bear interest payable semi-annually at a rate not exceeding 
four and one half per cent per annum, and shall be signed 
by the treasurer and countersigned by the prudential com- 
mittee of said fire district or a majority thereof. Said fire 
district 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. 



Acts, 1904 — Chap. 342. 289 

Section '2. The said fire district shall provide at the sinking fumi. 
time of contracting said loan for the establishment of a 
sinking fund, and shall annually contribute to such fund a 
sum sufficient with the accumulations thereof to pay the 
principal of the loan at maturity. The sinking fund shall 
remain inviolate and pledged to the payment of the loan 
and shall be used for no other purpose. Instead of estab- May provide 
lishing a sinking fund the said lire district may, at the paVmen'teon 
time of authorizing the said loan, provide for the payment ^'^*^"" 
thereof in such annual proportionate jjayments as will ex- 
tinguish 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 of Greenfield and collected 
in each year thereafter in the same manner in which other 
taxes are assessed and collected under the provisions of 
section sixtj'-three of chapter thirty-two of the Revised 
Laws, until the debt so incurred by said fire district is 
extinguished. 

Section 3. The said fire district shall raise annually certain sum to 
by taxation a sum which with the income derived from the taxation ^"^ 
water rates will be sufficient to pay the cmTent annual a^^i^^'^ii^'- 
expenses of operating its water works and the interest as 
it accrues on the bonds, notes or scrip issued by said fire 
district, and to make such contributions to the sinking 
fund and payments on the principal as may be required 
under the provisions of this act. 

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

Approved May 13, 1904. 

An Act to authorize the middleborough, wareham and ri])^^^ Q 19 
buzzard's bay street railway company to make certain 
contracts avith other street railway companies. 

Be it enacted, etc., as foUoivs : 

Section 1. The Middleborough, Wareham and Buz- TheMiddie- 
zard's Bay Street Railway Company may make contracts w;™eham and 
with any other street railway compan}^ or companies with ftreerRafhvav 
the railways of which its own railway connects, for the compauymay 

" , IT /• 1 make certain 

conveyance and transportation over the Imes of such con- contracts with 
necting companies of its cars, passengers and such bag- railway com- 
gage and merchandise as it is authorized to transport over ^^^^^' ^ 
its own railway, and such other companies may enter 
into like contracts with the Middleborough, Wareham and 



290 



Acts, 1904:. — Chap. 343. 



Buzzard's Bay Street Railway Company, and may carry 
out the terms and provisions thereof and perform the 
business thereby contemplated, l>ut only to such extent 
and in such manner as regards transportation of baggage 
and merchandise in any city or town as the aldermen or 
selectmen thereof shall approve, and subject to the same 
restrictions which are applicable l)y law to the Middle- 
borough, Wareham and Buzzard's Bay Street Railway 
Company in carrying on a similar business upon its own 
railway. 

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

Ajyjrroved May 14, 1904. 



Ch(ip.34:3 An Act to prohibit the corrupt ixfluexcing of agents, 

EMPLOYEES OR SERVANTS. 



Corrupt in- 
fluencing of 
asents, em- 
ployees or 
servants 
prohibited. 



Penalty. 



No person 
shall be ex- 
cused from 
testifying, etc., 
on the ground 
that the testi- 
mony may tend 



Be it enacted, etc., as folloius : 

Section 1. Whoever corrupt!}^ gives, offers or prom- 
ises to an agent, employee or servant, any gift or gratuity 
whatever, with intent to influence his action in relation 
to his principal's, employer's or master's business ; or an 
agent, employee or servant who corruptly requests or ac- 
cepts a gift or gratuity or a promise to make a gift or 
to do an act beneficial to himself, under an agreement or 
with an understanding that he shall act in any particular 
manner in relation to his principal's, employer's or master's 
business ; or an agent, employee or servant, who, being 
authorized to procure materials, supplies or other articles 
either by purchase or contract for his principal, employer 
or master, or to employ service or labor for his principal, 
employer or master, receives directly or indirectly, for 
himself or for another, a commission, discount or bonus 
from the person who makes such sale or contract, or fur- 
nishes such materials, supplies or other articles, or from a 
person who renders such service or labor ; and any person 
who gives or offers such an agent, employee or ser\ant such 
commission, discount or bonus, shall be punished by a fine 
of not less than ten dollars nor more than five hundred 
dollars, or by such fine and by imprisonment for not more 
than one 3"ear. 

Section 2. No person shall be excused from attending, 
testifying or producing books, papers, contracts, agree- 
ments and documents before any court or in obedience to 
the subpoena of any court having jurisdiction of the misde- 



Acts, 190i. — Chaps. M4:, U5. 291 

meanor on the o-round or for the reason that the testimony to crimiuate 

.1 •." ,1 • • ^ n ^ • lii'"> etc. 

or evidenoo, docuniontary or otherwise, required ot hiin 
may tend to crimhiate him or subject him to a i)enalty or 
forfeiture. But no ])ersou sliall be liable to any suit or Not to be liable 

, . ..,'..,,. "1 r to prosecution, 

prosecution, civil or criminal, tor or on account ot any etc. 
transaction, matter or thing concerning which he may 
testify or produce evidence, documentary or otherwise, 
before said court or in obedience to its subpoena or in any 
such case or proceeding. Airproved May 14, 1004. 

An Act kelative to town by-laws and the publication (J/ia)j/i^4-4. 

THEREOF. 

Be it enacted, etc.^ as foUoivs : 

Section 1 . Chapter twenty-five of the Revised Laws r. l. 25, § 26, 
is hereby amended by striking out section twenty-six and '^"'®°<^®^^- 
inserting in place thereof the following : — Section 26. '^.f^'^^w^^-^'^'^ 
Before a b\'-law takes eli'ect it shall be approved by the ^lu'i published. 
attorney-general, and shall be published at least three 
times in one or more newspapers published in the town, 
if there be any such, otherwise in one or more newspapers 
published in the county in wdiich the town is situated. 

Section 2. Any l)y-law heretofore adopted by a town when bylaws 
shall, when published as aforesaid, take effect : provided, adopted'^shaii 
that it has not been disapproved by the superior court. ^^^ ^*^'^^*- 

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

Approved May 16, 1904. 

An Act to authorize the town of Plymouth to subscribe QJicin,S4:5 

FOR additional SHARES OF THE CAPITAL STOCK OR BONDS 
OF THE PLYMOUTH, CARVER AND WAREHAM STREET RAILWAY 
COMPANY. 

Be it enacted, etc., as follows : 

Section 1. Section one of chapter one hundred and pis, i8i, § i, 
eighty-one of the acts of the year nineteen hundred and ' 
tliree is hereby amended by striking out the word " fif- 
teen ", in the fourth line, and inserting in place thereof 
the word : — thirty, — so as to read as follows : — Section Town of 
1. The town of Plymouth is hereby authorized to sub- hoM^stoek,™'^^ 
scribe for and hold shares of the capital stock or bonds of t^n' streer^ 
the Plymouth, Carver and Wareham Street Railway Com- p^nyf ^ '^'^'"' 
pany to the amount of thirty thousand dollars and in the 
manner provided for by sections forty-nine to lifty-four, 



292 Acts, 190^. — Chaps. 346, 347. 

both inclusive, of chapter one hundred and eleven of the 
Revised Laws. 

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

Approved May 16, 1904. 

GhCLl)'^^^ ^'^ ^^^^ ^^ AUTHORIZE THE CITY OF FITCHBURG TO PAY A CEK- 
TAIN SUM OF MONEY TO THE HEIRS OF TIMOTHY MYLOTT. 

Be it enacted, etc., as follows : 
City of Fitch. Sectiox 1 . The citv of Fitchburo: is hereby authorized 

burg ma V pay . "• rn- ai i n 

a certain sum to repay to the heirs ot liniothy JMylott all moneys, not 

Timotiiy exceeding two hundred thirty-three dollars and seventy 

''"•^'*^"" cents, paid by them to the said city during the 3'ears 

eighteen hundred and ninety-tAvo to eighteen hundred and 

ninety-nine, inclusive, for taxes upon real estate in the 

said city which was exempt by law from taxation. 

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

Approved May 16, 1904. 

(JJlCl7).34:7 ^^ '"^^^ '^'^ PROVIDE FOR PROTECTING OPERATIVES IN FACTORIES 

FROM INJURY BY FLYING SHUTTLES. 

Be it enacted, etc., as folloivs : 

fact^ies°to be SECTION 1. It shall bc the duty of all persons owning, 
equipped with manaofinof or operating factories in this Commonwealth in 

guards, etc. o c i » • i i 

which looms are employed, to equip the looms with such 
guards or other devices as will prevent injury to em- 
ployees from shuttles falling or being thrown from the 
looms. 
To be approved SECTION 2. Such o^uai'ds or other devices shall be made 

by the luspec- i * , i • i i n i 

tion depart- of such material and placed m such manner as shall be 
district police, approved by the inspection department of the district 
^^' police, who are hereby directed to enforce the provisions 

of this act. 
Penalty. SECTION 3. Any pcrsou, firm or corporation violating 

any provision of this act shall be punished by a fine of not 

more than one hundred dollars for every week during wdiich 

such violation continues. 
januarVf "' SECTION 4. This act sliall take effect on the first day 
1905. of January in the year nineteen hundred and five. 

Approved May 16, 1904. 



Acts, 1904. — Chaps. 348, 349, 350. 293 



An Act to ruovinE for the appointmext of additional ni^r.y. qjo 

MASTERS IN ClIANCEUY FOU THE COUNTY OF MIDDLESEX. ^ 

Be it en acted, etc. , as foUoivs : 

Sectiox 1. Section fifty-two of chapter one hundred R.li65, §52, 

»/ 1. iilllCHClGQ. 

and sixty-five of the Revised Laws is hereby amended by 

striking out the word "seven", where it first occurs in 

the fourth line, and inserting in place thereof the word : 

— eleven, — so as to read as follows : — Section 62. The iNiastersm 

governor, with the advice and consent of the council, shall, appointment, 

as vacancies occur, appoint masters in chancery so that ^^' 

the number thereof in the several counties shall be eleven 

in Suffolk, nine in Essex, eleven in Middlesex, seven in 

Worcester and not more than five in any other county. 

They shall be sworn, and shall hold their offices for a term 

of five years, unless sooner removed by the governor and 

council. 

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

Ax)proved May 16, 1904. 

An Act to provide for the protection of persons furnish- /^7,^,^^ QJ.Q 

ING MATERIALS OR LABOR FOR PUBLIC WORKS. 

Be it enacted, etc., as folloivs : 

Section 1. Officers or agents who contract in behalf Protection of 

, , . . persons 

01 any county, city or town lor the construction or repair fuinishin 
of public buildings or other public works shall obtain suffi- labor for 
cient security, by bond or otherwise, for payment liy the 
contractor and sub-contractors for labor performed or fur- 
nished and for materials used in such construction or re- 
pair ; but in order to obtain the benefit of such security 
the claimant shall file with such officers or agents a sworn 
statement of his claim within sixty days after the comple- 
tion of the work. 

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

Approved May 19, 1904. 



s or 
f 
public works. 



Chajy.S^O 



An Act to abolish fees for alias or renewed executions and 

FOR rules to auditors, MASTERS, REFEREES AND ASSESSORS. 

Be it enacted, etc., as folloivs : 

Section 1. Section two of chapter two hundred and ^j^^^j^^|^*'§'-' 
four of the Revised Laws is hereby amended by striking 



294 



Acts, 1904. — Chaps. 351, 352. 



R. L. 204, § 6, 
amended. 



To take effect 
January 1, 
1905. 



out the tenth line, as follows : ' ' For an alias or renewed 
execution, twenty-five cents." 

Section 2. Section six of said chapter two hundred 
and four is hereby amended by striking out the twenty- 
first and twenty-second lines, as follows : " For a rule to 
an auditor, master, referee or assessor, one dollar. For 
an alias or renewed execution, twenty-five cents." 

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

Aj)2^roved May 19, 1904. 



1903, 264, § 1, 
amended. 



Countv com- 
missioners of 
Hampshire 
and Hampden 
counties to 
take, etc., 
certain land. 



GlldX) 351 "^^ ^*^^ UELATIVE TO THE MOUNT TOM STATE RESERVATION. 

Be it enacted, etc., as follows : 

Chapter two hundred and sixty-four of the acts of the 
year nineteen hundred and three is hereby amended by 
striking out section one and inserting in place thereof the 
following : — Section 1. The county commissioners of the 
county of Hampshire and of the county of Hampden, as a 
joint commission, are hereby authorized and directed, on 
or before the first day of April in the year nineteen hun- 
dred and five, to take or acquire by purchase, gift or 
otherwise, land not exceeding eighteen hundred acres in 
extent situated on or about Mount Tom and Mount Nono- 
tuck of the Mount Tom range of mountains 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, together with land of the 
said railroad company situated westerly of the division 
line l)etween the town of Easthampton and the city of 
Northampton. Approved May 19, 1904. 



Ch(l7).352l ^^ ■^^'^ ^"^ AUTHORIZE THE TOWl^ OF PROVINCETOWN TO BORRO 

MONEY FOR A PILGRIM MONUMENT. 



Town of 
Provincetowu 
maj' borrow 
money for a 
Pilgrim 
monument. 



Be it enacted, etc., as folloios : 

Section 1. The town of Provincetown, for the pur- 
pose of assisting in the erection of a Pilgrim monument 
in that town to commemorate the first landing of the Pil- 
grims at that place, is hereby authorized to borrow, for a 
term not exceeding ten years, a sum not exceeding five 
thousand dollars. For the sum so borrowed the town shall 
pfive a note or notes, to be signed bv its treasurer and 
countersigned by its selectmen, with interest at a rate not 



Acts, HHU. — Chaps. 353, 354. 295 

oxcoedino- four \)cv cent per iinnuni. Such note or notes 
!?hall pro\ itle for the payment of the principal in such 
equal annual j)avnients as will extinguish the debt at 
maturity. 

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

A2Jiyroved 3fay 20, 1904. 

Ax Act kf.lative to the sai.akiks ok membeus of the uoahd Q]i(ji->j 353 
OF police for the city of boston and to the disposition 

OF THE FEES RECEIVED BY SAID BOAKD FOR DOG LICENSES. 

Be it enacted, etc., as foUoics : 

Section 1. The annual salary of the chairman of the Board of police 
board of police for the city of Boston shall be five thousand saLaries^"' 
dollars, and that of the other members of the board, forty- 
live hundred dollars each. 

Section 2. So much of section four of chapter three RepeaL 
hundred and twenty-three of the acts of the year eighteen 
hundred and eighty-five as is inconsistent herewith is 
hereby repealed. 

Section 3. So much of section one hundred and thirty- Repeal. 
tlu'ee of chapter one hundred and two of the Kevised Laws 
as authorizes the board of police for the city of Boston to 
retain for its own use any part of the money paid to it as 
fees for dog licenses is hereby repealed. 

Section 4. This act shall take efl^ect on the first day to take effect 
of January in the year nineteen hundred and five. W^!^''^^ ' 

A}yproved May 20, 1904. 

An Act relative to the school committee of the city of (^Jiftj^ 354 

SOMERVILLE. 

Be it enacted, etc., as follotvs : 

Section 1 . Section tw^enty-eight of chapter two hun- 1899, -240, § a?, 
dred and forty of the acts of the year eighteen hundred 
and ninety-nine is hereby amended by striking out the 
words "The committee shall consist of fourteen mem- 
bers ", in the fourth and fifth lines, and inserting in j)lace 
thereof the words : — The committee shall consist of the 
mayor and the president of the board of aldermen, ex 
officiis, neither of whom shall serve as chairman, and four- 
teen other members, — so as to read as follows : — Section school com- 
28. The management and control of the public schools somerviiie, 
shall be vested in a school committee, which shall exercise ejection, teims, 
the powers conferred and discharge the duties imposed by 



296 



Acts, 1901. — Chap. 355. 



Vacancies. 



To be sub- 
mitted to 
voters at next 
state election. 



Wlien to take 
effect. 



law upon school committees. The committee shall con- 
sist of the mayor and the })resident of the board of alder- 
men, ex officiis, neither of whom shall serve as chairman, 
and fourteen other members, two from each ward, elected 
as follows : — At the first municipal election held under 
this charter two members of the school committee shall be 
elected by and from the qualified voters of each ward, one 
to serve for the term of two years and one to serve for 
the term of one year, beginning on the first Monda}^ of 
Januar}^ next ensuing, and thereafter one member from 
each ward shall be elected in like manner at each annual 
municipal election, to serve for the term of two years. 
Vacancies occurring in the school committee shall be filled 
by a joint ballot of the board of aldermen and the school 
committee, the member so elected to be a resident of the 
ward entitled to the new member, and to hold ofiice only 
for the remainder of the nmnicipal year, the vacancy for 
the remainder of the term, if any, to be filled by the voters 
of said ward at the next municipal election. 

Section 2. This act shall be submitted to the qualified 
voters of the city of Somerville for acceptance at the next 
state election, and the aflirmative votes of a majority of 
the voters present and voting thereon shall be required 
for its acceptance. 

Section 3. So much of this act as authorizes the sub- 
mission of the question of its acceptance to the voters of 
the city shall take efl'ect upon its passage, but it shall not 
further take effect until accepted by the voters of the city 
as herein provided. Approved May 20, 1904. 



Gfiap.o55 -^^ ^^^"^ RELATIVE TO ADMISSION TO THE BAR OF ATTORNEYS 
AT LAAV AND TO THE DUTIES OF THE STATE BOARD OF BAR 
EXAMINERS. 

Be it enacted, etc., as follows: 
i 4'^ Section 1 . Chapter one hundred and sixty-five of the 



R. L. 16.i, 
amended. 



Revised Laws is hereby amended by striking out section 
state board of forty and inserting in i:)lace thereof the folio wins: : — Sec- 

bar examiners, -^ _ _ o i t? 



;iowers and 
uties 



tion 40. Said board may, subject to the approval of 
the supreme judicial court, make rules with reference to 
examinations for admission to the bar and the qualifica- 
tions of applicants therefor, and determine the time and 
place of all such examinations, and conduct the same. 
Compensation, Prom the fccs received under the provisions of the follow- 



Acts, 1904. — Chap. 355. 297 

ing section the expenses of said board, as certified by its 
cliairman and ai)i)roved by a justice of the su])renie judi- 
eial court, shall be ])aid, and from the remainder of said 
fees the members shall receive such compensation as tlie 
justices of the supreme judicial court or a majority of 
them ma}^ allow. 

Sectiox 2. Said chapter one hundred and sixty-tive is r. l. lOo, § 41, 
hereby further amended by striking out section forty-one '""'^^ 
and insertino- in place thereof the foUowino: : — Section 41. I'etitionfor 
A Citizen ot the united l^tates, or an alien Avho has made for admission 
the primaiy declaration of intention to become a citizen etc'. 
of the United States, whether man or woman, may, if of 
the age of twenty-one years, file a petition in the supreme 
judicial court or the superior court to be examined for 
admission as an attorney at law, and, if found qualified, 
to be admitted as such, whereupon, unless the court other- 
wise orders, the petition shall be referred to the board of 
bar examiners to ascertain his acquirements and qualifi- 
cations. If the board reports that the petitioner is of 
good moral character and of sufiicient acquirements and 
qualifications, and recommends his admission, he shall be 
admitted unless the court otherwise determines, and there- 
after may practice in all the courts of this Commonwealth. 
The petitioner shall pay to the clerk of the court in which ^^'^^• 
his petition is filed a fee of fifteen dollars upon the entry 
thereof, and a further fee of ten dollars upon the entry of 
any subsequent petition by him. Such fees shall be paid 
over by the several clerks to the treasurer and receiver 
general. 

Section 3 . Said chapter one hundred and sixty-five r. l. i65, § 43, 
is hereby further amended by striking out section forty- '^'"*^'^ 
three and inserting in place thereof the follow^ing : — 8ec- Admission of 
tion 43. A citizen of the United States, or an alien who other"sVates^,''"^ 
has made the primaiy declaration of intention to become a ^"**^' 
citizen of the United States, whether man or woman, who 
has been admitted as an attorney or counsellor of the 
highest judicial court of any state, district, territoiy or 
country of which he was an inhabitant may, upon petition 
to the su]ircme judicial court or to the superior court be 
admitted to i)ractice in all the courts of this Commonwealth 
upon the production of satistactory evidence of his good 
moral character and of his professional qualifications. 

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

Approved May 20, 1904. 



298 



Acts, 1904. — Chaps. 356, 357, 



Search to be 
iimde by cities 
and tow'us for 
iiuligeut and 
neglected 
children. 



Temporary 
care to 1 le 
provided. 



Payment of 
expenses. 



CAft7?.356 '^^ -^^'^ RELATIVE TO THE CAKE OF INUIOENT AND NEGLECTED 

CHILDREN. 

Be it enacted, etc., as foHoivs : 

Section 1. It shall be the duty of truant officers in 
cities and of the overseers of the poor in towns, as often 
as may be deemed necessary by them, to make diligent 
search throughout their respective cities and towns for 
children under the age of sixteen who are suffering want 
through poverty, privation or from the neglect of their 
parents or guardians, or of any other persons having them 
in charge, or from any cause whatsoever. 

Section 2. Where such children are found without par- 
ents or guardians or in charge of such parents or guardians 
as in the judgment of the officers or overseers aforesaid are 
unfit to care for children by reason of mental incapacity, 
dissolute habits or poverty, it shall be the duty of the offi- 
cers and overseers aforesaid to provide for the temporary 
care of such children, until proceedings may be had against 
them if necessary, according to the provisions of chapter 
three hundred and thirty -four of the acts of the year nine- 
teen hundred and three. 

Section 3. Reasonable expenses incurred by the offi- 
cers and overseers aforesaid in furnishing aid as provided 
by this act shall be paid by the city or town wherein the 
persons have legal settlements, and, if they are without 
settlement, by the Commonwealth, after approval by the 
state board of charity ; and notice in writing shall be sent 
to the place of settlement or, if such persons are unsettled, 
to the state board of charity as is otherwise provided by 
law. 

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

A^yproved May 20, 1904. 



(JJlC(,7).357 "^^ ^^^ RELATIVE TO THE ESTABLISHMENT OF WAITING ROOMS 
BY STREET RAILWAY COMPANIES AND TO THE INVESTIGATION 
OF COMPLAINTS AGAINST SUCH COMPANIES. 

Be it enacted, etc., as folloios : 

Section 1. Section fifteen of chapter one hundred and 



R. L. Ill, § 15, 
amended. 



eleven of the Revised Laws is hereby amended by insert- 
ing after the Avord " raih"oad ", in the second line, the 
words : — or street railwav, — and l)v insertinir after the 



Acts, 1904. — Chap. 358. 299 

word " liousos ", ill Ihc third line, the words : — or availing 
rooms, — so as to road as follows : — Section 15. If the Railroad com. 
board is oi opuiioii that repairs are necessary upon any give notke of 
railroad or street railway, or that an addition to its roll- repafrs"etc. 
ing stock, or an addition to or change of its stations or 
station houses or waiting rooms, or a change in its rates 
of fares for transporting freight or })assengers or in the 
mode of operating its road and conducting its business, is 
reasonable and expedient in order to promote the security, 
convenience and accommodation of the public, it shall in 
writing inform the corporation of the improvements and 
changes which it recommends should be made. 

Section 2. Section sixteen of said chapter is hereby r. l. iii,§i6, 
amended by inserting after the word " railroad ", in the 
third, fourth and sixteenth lines, the words: — or street 
railway, — so as to read as follows : — Section 16. Upon Railroad com- 
the application of the mayor and aldermen of a city or the examine con. 
selectmen of a town within which a part of any railroad raii?oadfoi°* 
or street railway is located, alleging grounds of complaint, upon\n\n')iiIa-^ 
the board shall examine the condition and operation of tiou, etc. 
such railroad or street railway ; and if, upon the petition 
in Avriting of twenty or more legal voters in such city or 
town to the mayor and aldermen or selectmen to make 
such application, they refuse so to do, they shall indorse 
upon the petition the reason of such refusal and return it 
to the petitioners, who may, within ten days thereafter, 
present it to the board and it may thereupon make such 
examination as if called upon by the mayor and aldermen 
or the selectmen, first giving to the petitioners and to the 
corporation reasonable notice in writing of the time and 
place of making such examination. If, upon such exami- 
nation, it appears to the board that the complaint is well 
founded, it shall so adjudge, and shall in writing inform 
the corporation which operates such railroad or street rail- 
way of its adjudication. 

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

Approved May 20, 1904. 

Ax Act to provide for improving the entrance to the fyjj^^ qro 

HARBOR OF COTUIT IN THE TOWN OF BARNSTABLE. -^' 

Be it enacted, etc., as foUotvs : 

Section 1. The board of harbor and land commission- Harbor and 

1 , T J. 1 '£• ' -A. • • xY !• • land commis- 

ers is hereby directed, if m its opinion after a preliminary sionersmay 



300 Acts, 1904 — Chap. 359. 

improve examination it is expedient so to do, to deepen and improve 

pntri^iicG to ■■ A 1 

cotiiit hari)or, the entrance channel from Xan tucket Sound into the harbor 

arns a j e. ^^ Cotuit in the towu of Barnstable by removing rocks and 

excavating a channel, or in such other manner as it may 

deem best, and for this purpose may expend a sum not 

exceeding five thousand dollars. 

nices^saryiand, Sectiox 2. Said board may take by purchase orother- 

materiaiB, etc. ^jge, in the name and behalf of the Commonwealth, any 
land or materials necessary for the improvement of the 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 3^ear eighteen 
hundred and ninety-three, relative to the taking of land 
by the metropolitan park commission ; and said board 
shall for the purposes of this act have all the powers con- 
ferred upon the metropolitan park commission by said sec- 

Damages. tions. The damages when finally determined shall be paid 
from the treasury of the Commonwealth to the persons 
entitled thereto or their legal representatives. 

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

Approved May 20, 1904. 

CJldV 359 ^^ ^^^^ KELA.TIVE TO THE EXPENSE OE REBUILDING THE BRIDGE 
OVER THE MERKIMAC RIVER BETWEEN THE CITY OF NEM'BURY- 
PORT AND THE TOWN OF SALISBURY. 

Be it enacted, etc., as foUozvs : 
1896,483, §2 Sectiox 1. Scctlon two of chapter four hundred and 

etc., amended. i 

eighty-three of the acts oi the year eighteen hundred and 
ninety-six, as amended by section one of chapter five hun- 
dred and seventeen of the acts of the year nineteen hundred 
and one, and by section one of chapter three hundred and 
sixty-five of the acts of the year nineteen hundred and 
two, is hereby further amended by inserting after the word 
"dollars", in the twelfth line, the words : — to be paid 
either in a single payment or, at the election of said com- 
pany, in such annual payments and with such provisions 
as to interest on deferred payments as may be agreed upon 
between said company and the county commissioners, — 
and by striking out the words " the said amount", in the 
fourteenth line, and inserting in place thereof the words : 
— any of such payments, — and by inserting after the Avord 



Acts, 1904. — Chap. 359. 301 

" Essex ", in the forty-fourth line, the words : — either in 
a sino-le payment, or, at the election of the said city or any 
of the said towns, in such annual payments and with such 
provisions as to interest on deferred payments as may be 
agreed upon by the said city or by any of the said towns 
and the county commissioners. In case the said city and 
towns pay the sum so assessed in a single payment, they 
are hereby authorized to issue bonds outside of their debt 
limit for the re(juired amount. In case the payment is 
made in annual instalments the said instalments may be 
raised by taxation in excess of the limits imposed by gen- 
eral law upon the amounts which cities and towns may 
annually raise by taxation, — so as to read as follows : — 
Section 2. The expense incurred under this act shall be Payment of 
paid in the first instance from the treasiuy of the county reimnmug 
of Essex. The Commonwealth shall pay into the treasury Mem?n?H'riTer 
of the county of Essex towards the expense of rebuilding j^^ryport^aua 
the bridge and the approaches thereto ln•o^'ided for in this Salisbury. 
act, the sum of twenty-five thousand dollars. The Haver- 
hill and Amesbiu'}^ Street Railway Company shall pay into 
the treasmy of said county as their proportion of the ex- 
pense of such bridge and the approaches thereto a sum 
equal to ten per cent of said expense, but not exceeding 
however the sum of twenty thousand dollars, to be paid 
either in a single payment or, at the election of said com- 
pany, in such annual payments and with such provisions 
as to interest on deferred payments as may be agreed upon 
between said company and the county commissioners : and 
provided, that said Haverhill and Amesbury Street Rail- I'^oviso. 
way Company shall pay into the treasury of said county 
any of such payments, and shall enter into an agreement 
with the county commissioners of said county to keep that 
part of the roadwaj^ upon said bridge between the tracks 
of the company and eighteen inches outside thereof in 
repair and safe for public travel, subject to such conditions 
as said conmiissioners shall impose, said comimnv shall Location 

1 I'll 11 . ^ - , -. aranted to 

thereupon have and is hereby granted a location upon said certain street 
bridge for the construction and maintenance of its tracks, pauy.'etc. 
poles and wires, and for the operation of its railway thereon, 
and the location herein gi-anted shall not be revoked except 
by the county commissioners of the county of Essex, after 
public notice and a hearing, but no such revocation shall 
be valid until approved by the board of railroad commis- 
sioners. Xo location for the tracks, poles and wires of any 



302 



Acts, 1904. — Chap. 3G0. 



Portion of 
expense to be 
assessed upon 
the city of 
Newt pury port 
and ccrtiiiu 
towns, etc. 



Total exxicnse 
not to exceed 
certain 
amount. 



other street railway company upon said bridge shall be 
granted except by said county commissioners after public 
notice and a hearing, and no such location so granted shall 
be valid until approved by the board of railroad commis- 
sioners, nor shall any such location so granted before the 
first day of July, nineteen hundred and eighteen, be valid 
unless with the consent of the Haverhill and Amesbury 
Street Railway Company. Twenty-five per cent of the 
balance of said expense shall, after due notice and a hear- 
ing, be assessed by said commissioners upon the city of 
Newburyport and upon such towns as in their judgment 
derive a special benefit from said rebuilding and the ap- 
proaches thereto, and in such proportion as said commis- 
sioners deem proper, and said city and towns shall pay the 
sum so assessed into the treasury of the county of Essex, 
either in a single payment, or, at the election of the said 
city or any of the said towns, in such animal pa} nients 
and with such provisions as to interest on deferred pay- 
ments as may be agreed upon by the said city or ])y any 
of the said towns and the county commissioners. In case 
the said city and towns pay the sum so assessed in a single 
payment, they are hereby authorized to issue bonds out- 
side of their debt limit for the required amount. In caso 
the payment is made in annual instalments the said instal- 
ments may be raised bj^ taxation in excess of the limits 
imposed by general law upon the amounts which cities 
and towns may annually raise by taxation. The total 
expense incurred under the provisions of this act shall not 
exceed the sum of three hundred and twenty -five thousand 
dollars. 

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

Ap2:>roved May 20, 1904. 



R. L. 143, § 2, 
amended. 



CA«7?.360 ^^ ^^'^ '^^ FACILITATE THE SETTLEMENT OF THE ESTATES OF 

DECEASED NON -RESIDENTS. 

Be it enacted, etc., as foUoivs: 

Section two of chapter one hundred and forty-tliree of 
the Revised Laws is hereby amended by adding at the end 
thereof the words : — But nothing herein contained shall 
be construed to prevent the distribution or transmission 
of part of the personal property of an estate in process of 
settlement when it can be done without detriment to the 
estate or prejudice to the creditors, — so as to read as fol- 



Acts, 1904. — Chaps. 3G1, 302. 303 

lows : — Section 2. After the payment of all debts for settlement of 
which such estate is liable in this Coimiionwealth, the dafeaso'i nou. 
residue of the personal property may be distributed and '^e''"^*^"^^- 
disposed of, as provided in the })recoding section, by the 
probate court ; or, in the discretion of the court, it may 
be transmitted to the executor or administrator, if any, in 
the state or country of which the deceased was an inhabit- 
ant, to be there disposed of according to the laws thereof. 
But nothing lierein contained shall be construed to prevent 
the distribution or transmission of part of the personal 
property of an estate in process of settlement when it can 
be done without detriment to the estate or prejudice to 
the creditors. Approved May 20, 1904. 



An Act to authorize annual allowances to commissioned 
officers of the militia. 

Be it enacted, etc., as foUoics : 

Section 1. There shall annually be allowed and paid ^^^^ 



Chap.3i)l 



imial allow- 
..-ces to t)e 

out of the treasury of the Commonwealth, under the direc- madetocom- 

/. , T , , • • 1 (T> missioned 

tion ot the adjutant general, to each comniLSsioned oiiicer otiicers of tiie 
of the militia the sum of thirty-five dollars for the i)ur- 
cliase of uniforms ; but this act, shall not a})ply to the 
members of the governor's staff. 

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

Approved May 20, 1904. 






An Act relative to the custody and to the apportionment 

OF the cost of the bridge over WEYMOUTH FORE RIVER 
BETWEEN THE CITY OF QUINCY AND THE TOWN OF WEYMOUTH. 

Be it enacted, etc., as follows : 

Section 1. The commissioners appointed under section custody of 

bridge, etc.. 



three of chapter four hundred and fifty-six of the acts of over^wey- 
the year nineteen hundred shall, at the time of hearing the river.'^^°^^ 
parties to determine those specially benefited by the con- 
struction of the new bridge ov^er the Weymouth Fore river, 
so-called, connecting that part of the city of Quincy known 
as Quincy Point with the town of Weymouth, in like 
manner determine and decree what officers shall have the 
care and superintendence of the abutments, bridge, piers 
and draws, and shall perform the duties heretofore per- 
formed by the trustees of the Quincy, Weymouth and 
Hingham bridges : provided, however, that until the ac- Proviso, 



304 Acts, 1904. — Chap. 3G3. 

ceptance of the report of said commissioners as provided 
in said chapter, the trustees aforesaid shall continue to 
perform the duties imposed upon them by existing laAv or 
by decree of court, and by the report of the commissioners 
appointed under said chapter four hundred and fifty-six. 
mem?f ex. Sectiox 2. Said commissioners appointed under sec- 

pense of care, ^jqj^ three of Said chapter four hundred and fifty-six shall 
also ascertain and assess the full cost and expense of caring 
for said bridsre from the time when the same was turned 
over to the trustees of the Quincy, Weymouth and Hing- 
hani bridges by the county commissioners to the date of 
the award of said commissioners appointed under section 
tliree of said chapter four hundred and fifty-six, and the 
amount so found shall be assessed upon the county of 
Norfolk and such cities, towns and quasi-public corpora- 
tions as they shall determine to have been specially bene- 
fited by said bridge, and in such amounts as they shall 
determine to be fairly proportionate to the special benefits 
conferred by said bridge upon the county of Norfolk and 
the cities, towns and corporations so assessed, and said 
county of Norfolk and such cities, towns and corporations 
shall })ay over to said trustees the amounts so found to be 
due from each of them, and the trustees shall pay back to 
the city of Quinc}' and to the towns of AVeymouth and 
Hingham the amounts advanced by them for the care and 
maintenance of the bridge during the said period. 

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

Approved May 20, 1904. 

CllClV 363 '^^ '^^^ RELAXrV'E TO THE RELIGIOUS INSTRUCTION OF PRISONERS 
AND OF CIIILDKEN BOUND OUT IN FAMILIES. 

Be it enacted, etc., as foUoivs: 

aiiie'nled ^ ''' SECTION 1. Sectiou scvcnty-two of chapter two hun- 
dred and twenty-five of the Revised Laws is hereby 
amended by inserting after the word " confined " , in the 
fifth line, the words : — and he shall not be required to 
attend any other service or religious instruction other than 
that of his own religious belief: provided, that religious 
services and instructions of his own belief are regularly 
held at the institution, — and by inserting before the word 
" in ", in the thirteenth line, the words : — who do not at- 
tend a regularly held religious service of their own belief, 
— so as to read as follows : — Section 72. An inmate of 



Acts, 1904 — Chap. ;3G3. :505 



any prison or other place of confinement or public chari- Religious 

• ^. . . 1 1 • 1 1 /• worsliip in 

table or retorniatorv institution shall not be denied the tree prisons, etc. 

exercise of his reliaious belief and the liberty of worship- 

pino; (to(1 accordino- to the dictates of his conscience, in the 

place Avliere he is confined ; and he shall not be required to 

attend any other service or religious instruction other than 

that of his own religious belief: provided^ that religious Proviso. 

services and instructions of his own belief are regularly 

held at the institution ; and he nia}", in illness, upon request 

to the warden, keeper or master, receive the visits of aiw 

clerg3^nian whom he may wish. The officers and boards 

of officers who have the management and direction of such 

institutions shall make such regulations as may be neces- 

saiy to carry out the intent and provisions of this section. 

The provisions of this section shall not be so construed as 

to impair the discipline of any such institution, so far as 

may be needful for the good government and safe custody 

of its inmates, nor prevent the assembling of all the inmates, 

who do not attend a regularly held religious service of their 

own belief, in the chapel thereof for such general religious 

instruction, including the reading of the Bible, as the 

board having charge of the institution considers expedient. 

Section 2. Section thirty-six of chapter eijjhty-six R- ^-'''•5.§36, 

•> X O •/ 111116 II ClGtl. 

of the Revised Laws is hereby amended b}' adding at the 
end thereof the words : — and the trustees shall bind out 
children in families or homes of the religious belief of such 
children, but, if this be impracticable, then due regard shall 
be had to the locality, and, if practicable, the home shall be 
such that the children shall have the opportunity to attend 
religious worship of their own belief, — so as to read as 
follows: — Section 36. The trustees of the Lyman and certain cwi- 

. '^ , . , dren mav be 

industrial schools may release on probation, and, with released "on 
or without indenture, may, subject to the provisions of ^'™ " '°°' ^ ^' 
section fifty-two, place children in their custody in their 
usual homes or in any situation or family which has been 
investigated and approved by said trustees. They may 
employ agents for investigating places and for visiting 
children, and immediately on placing such children shall 
give notice to the state board of charity of the name of each 
child so placed and of the name and residence of the person 
to whose care he is entrusted. They may, at any time 
until the expiration of the period of commitment, resume 
the care and custody of children who are released on pro- 
bation and recall them to the school to which they were 



306 Acts, 1904. — Chaps. 364, 365. 

Religious Originally committed ; and the trustees shall bind out 
instruction. (.liildren in families or homes of the religious belief of such 
children, but, if this be impracticable, then due regard shall 
be had to the localitj^ and, if practicable, the home shall be 
such that the children shall have the opportunity to attend 
religious worship of their own belief. 

Aj)proved 3fay 23, 1904. 



Char) S64 ^^^^ ■^^'^ '^^^ require towx clerks to notify the board of 

COMMISSIONERS ON FISHERIES AND GAME OF THE ACCEPTANCE 
OF CERTAIN PROVISIONS OF LAW RELATIVE TO THE TAKING OF 
PICKEREL. 

Be it enacted, etc., as folloios : 
Town clerks j^ shall be the duty of the town clerk of any town which 

to notify fom- i . S i 1 1 i /v j^ /i 

missioners on i^as acccptcd, or which shall hereaiter accept, tlie provisions 

gaineofac- of scction sixtv-cight of chapter ninety-one of the Revised 

^S^^pri- Laws, which restricts the taking of pickerel to the use of 

reiatiTe*totiiI a hook and hand line, to send notice of such acceptance 

pickefei.* to the commissioners on fisheries and game. Such notice 



shall be sent within thirty days after any future acceptance 
of the said provisions by any town, and within sixty days 
after the passage of this act in the case of every town Avhich 
Penalty. j^ag heretofore accepted said provisions. A town clerk 

who violates the provisions of this act shall be subject to 
a fine often dollars. Approved May 23, 1904. 



Chap.m5 



An Act relative to the building of fishways bi' the board 
OF commissioners on fisheries and game. 

Be it enacted, etc. , as follows : 
R. L. 91, § 9, Section nine of chapter ninety-one of the Revised Laws 

amended. .^ hereby amended by inserting after the word ' ' main- 

tained ", in the second line, the words : — or wherein their 
judgment fishways are needed, and they, — by inserting 
after the word "rivers ", in the fourth line, the words : — 
or whether in their judgment a fishway is needed for the 
passage of fish over any dam, — and bv inserting after 
the word ' ' therein " , in the sixth line, the words : — and 
where, how and when a new fishway must be built, — so 
Commissioners as to read as follows : — Section 9. The commissioners 
aud^gan7e^nay may examine all dams upon rivers where the law requires 
anrlshwrvs^ fishways to be maintained, or where in their judgment fish- 
prescribe ■ ' ^vavs are needed, and they shall determine whether the 

changes, etc. -j ' *^ 



Acts, 1904. — Chap. 366. 307 

fishways, if any, are suitable and sufficient for tlie passage 
of the fish in such rivers, or whetlicr in their judgment a 
fishwav is needed for the passage of tish over any dam ; 
and shall prescribe by an order in Avriting what changes 
or repairs, if any, shall be made therein, and where, how 
and when a new fishway must be built, and at what times 
the same shall be kept open, and shall give notice to the 
owners of the dams accordingly. The supreme judicial o^orderg^^g'tc 
court, or the superior court, shall, upon the petition of the 
commissioners, have jurisdiction in equity or otherwise to 
enforce any order made in accordance with the provisions 
of this section, and to restrain any violation of such order. 

Approved May 23, 1904. 

Ax Act to provide for the better protectiox of game in ni^riy) ^HG 

THE COUXTY OF BRISTOL. 

Be it enacted, etc., asfoUoivs: 

Section 1. Whoever in the count}^ of Bristol hunts, Taking, etc., 
takes or kills a gray squirrel between the fifteenth day of sqmrreis, etc., 
December and the first day of November following, or a J.!^xf^ity'^°^ 
rabbit or hare between the first day of March and the first restricted. 
day of Xovember of any year, shall be punished by a fine 
of ten dollars. 

Section 2. AYhoever in the county of Bristol hunts, Taking, etc., 
takes, kills or has in possession, or buys, sells or ofiers for in Brlstof *^'' 
sale a quail, woodcock, or rufted grouse, commonly called restricted. 
partridge, between the fifteenth day of December and the 
first day of November following, whenever or wherever 
such bird may have been taken or killed, shall be punished 
by a fine of twenty dollars for each bird. 

Section 3. This act shall not be construed as modi- ^f.^^fil' Vt- b!,^ 
fying the provisions of section three of chapter ninety-two notafiected. 
of the Revised Laws, as amended by chapter one hundred 
and sixty-five of the acts of the year nineteen hundred 
and two, relative to the sale of quail, nor as modifying 
the provisions of section nine of chapter ninety-two of the 
Revised Laws, relative to the sale of rabbits. 

Section 4. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. Apjjroved May 23, 1904. 



308 



Acts, 1904. — Chaps. 367, 368. 



Search may be 
made for lish 
or game un- 
lawfully taken, 
etc. 



CllCtT) 367 -^^ -'^CT RELATIVE TO THE RIGHT OF SEARCH BY THE COMMIS- 
SIONERS ON FISHERIES AND GAME AND THEIR DEPUTIES. 

Be it enacted, etc., as folloivs: 

Section 1. Any commissioner on fisheries and game, 
deputy commissioner on fisheries and game, member of 
the district police, or officer qualified to serve criminal 
process, may, with a warrant, search any boat, car, box, 
locker, crate or package, and any building, where he has 
reason to believe any game or fish taken or held in viola- 
tion of law is to be found, and may seize any game or fish 
so taken or held, and any game or fish so taken or held 
shall be forfeited : provided, hoivever, that this section 
shall not authorize entering a dwelling house, or ap})ly to 
game or fish which is passing through this CommonAvealth 
under autliority of the laws of the United States. 

Section 2. A court or justice authorized to issue war- 
rants in criminal cases shall, upon complaint under oath 
that the complainant believes that any game or fish un- 
lawfully taken or held is concealed in a particular place, 
other than a dwelling house, if satisfied that there is reason- 
able cause for such belief, issue a warrant to search there- 
for. The search warrant shall designate and describe the 
place to be searched and the articles for which search is 
to be made, and shall be directed to any officer named in 
section one of this act, commanding him to search the 
place where the game or fish for which he is required to 
search is believed to be concealed, and to seize such game 
or fish. 

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

Approved May 23, 1904. 



Proviso. 



Search 
warrants, 
issue, etc. 



Chap.368 



1892, 419, § 23, 
etc., amended. 



An Act relative to the floor space permissible in certain 
buildings in the city of boston. 

Be it enacted, etc., as folio ics : 

Section 1. Section twenty-three of chapter four hun- 
dred and nineteen of the acts of the year eighteen hundred 
and ninety-two, as amended b}^ chapter three hundred and 
eight of the acts of the year eighteen hundred and ninety- 
eight, is hereby further amended b}^ adding at the end 
thereof the following words : — except that when any 
such building has a frontage of not less than fifty feet on 



Acts, 19(U. — Chap. :3()8. 309 

each of two streets, such space may amount to but Hhall etc"' .t|^,*|.^aed 
not exceed twenty thousand square feet in area : provided, 
that buikling-s in whicii such extension of area bej^ond ten 
thousand s(|iiurc feet is permitted shall have, in a manner 
to meet the approval of a board consisting of the fire com- 
missioner, the building commissioner and a representative 
of the fire insurance interests of Boston, M'ho shall annu- 
ally be ap{)ointed by the mayor, properl}^ installed sys- 
tems t)f automatic sprinklers, all vertical openings through 
floors protected by fireproof enclosures, and satisfactory 
means of ingress and egress. In buildings thus protected 
there may be communicating openings through such par- 
tition walls to the number of one for each fifty linear feet 
of wall on each floor, each opening not to exceed eight 
feet in width and ten feet in height, with brick curtain 
wall above of at least three feet ; all such openings to be 
protected by double-standard fire doors, — so as to read 
as follows : — Section 23. A first class building shall ^^^^^^^^X^' 
consist of non-inflammable material tlii'oughout, with floors ^las's buiidinj,^s 
constructed of iron or steel beams filled in between with Boston. " 
terra cotta, or other masonry arches, except that wood 
may be used for under and upper floors, window and 
door frames, sashes, doors, standing finish, hand rails for 
stairs, necessary sleepers bedded in concrete, and for iso- 
lated furring blocks bedded in the plaster. There shall 
be no air space between the top of any floor arches and 
the floor boarding, and no air space behind any wood- 
work. And all such buildings hereafter erected whicli 
are used above the first floor as warehouses or stores for 
the storage or sale of merchandise shall not exceed one 
hundred feet in height, and shall be so divided by brick 
l)artition walls of the thickness prescribed for bearing par- 
tition walls, and carried thirty inches above the roof, that 
no space inside any such building shall exceed in area ten 
thousand square feet, except that when any such building 
has a frontage of not less than fifty feet on each of two 
streets, such space may amount to but shall not exceed 
twenty thousand square feet in area : provided, that build- Proviso, 
ings in which such extension of area beyond ten thousand 
square feet is permitted shall have, in a manner to meet 
the approval of a l)oard consisting of the fire commissioner, 
the building commissioner and a representative of the 
fire insurance interests of Boston, who shall annually be 
appointed by the mayor, properly installed systems of 



310 



Acts, 1904. — Chaps. 369, 370. 



Repeal. 



automatic sprinklers, all vertical openings through floors 
protected by fireproof enclosures, and satisfactory means 
of ingress and egress. In buildings thus protected there 
may be communicating openings through such partition 
walls to the number of one for each fifty linear feet of wall 
on each floor, each opening not to exceed eight feet in 
width and ten feet in height, with brick curtain wall above 
of at least three feet ; all such openings to be protected by 
double-standard fire doors. 

Section 2. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Section 3. Tliis act shall take efiect upon its passage. 

Approved May 23, 1904. 



Chap.SGQ An Act to provide further for the protection of shore, 

MARSH AND BEACH BIRDS. 



R. L. 92, § 6, 
amended. 



Penalty for 
buying or 
Belling certain 
birds during 
close season, 
etc. 



Be it enacted, etc., as follows: 

Chapter ninety-two of the Revised Laws is hereby 
amended by striking out section six and inserting in place 
thereof the following : — Section 6. Whoever buys, sells, 
exposes for sale, or has in possession any of the birds 
named in and protected by section five or section seven 
of this chapter, during the time within which the taking 
or killing thereof is prohibited, whenever or wherever such 
birds may have been taken or killed, shall be punished by 
a fine of ten dollars for each bird ; but a person, firm or 
corporation dealing in game or engaged in the cold storage 
business may have in possession, for storage purposes only, 
the so-called shore, marsh and beach birds during the time 
within which the taking or killing of them is prohibited. 

Approved May 23, 1904. 



Chcip.370 ^^ ■^^'^ "^^ AUTHORIZE THE FIRE MARSHAL'S DEPARTMENT OF 
THE DISTRICT POLICE TO MAKE REGULATIONS RELATIVE TO EX- 
PLOSIVES AND INFLAMMABLE FLUIDS. 



Powers to reg- 
ulate the keep- 
ing, etc., of 
explosives, 
etc., to be 
exercised by 
the district 
police. 



Be it enacted, etc., as folloivs : 

Section 1. The powers conferred on city councils of 
cities and selectmen of towns b}^ chapter one hundred and 
two of the Revised Laws, to regulate the keeping, storage, 
use, manufacture or sale of gunpowder, dynamite or other 
explosives and inflammable fluids, shall hereafter be exer- 
cised by the fire marshal's department of the district police. 



Acts, 1904. — CiiAr. 371. 311 

Sectiox 2. The fire marshars departinent of the district ]^jlg^i"t^y°g_ 
police may make regulations for the keeping, storage, use, «t<^- 
manufacture or sale of gunpowder, dynamite or other ex- 
plosives, crude petroleum or any of its products, or other 
intiainmable tiuids ; and may ])rescribe the materials and 
construction of buildings to be used for any of the said 
purposes. 

Section 3. \o building shall be erected or used in any n'o bmuiinsto 
city or town for the keeping, storage, manufacture or sale storage, etc., 
of any of the articles named in section two unless the mayor etc!^,^withmit\ 
and aldermen or selectmen have gi-anted a license therefor pem^t/*°'^ 
after a public hearing, fourteen days })ublic notice of which 
shall be given at the expense of the applicant, and unless 
a permit shall be granted therefor b}' the tire marshal's 
department : provided, however, that any building lawfully Proviso. 
used for any of said purposes at the time of the passage of 
this act may be continued in such use without a license or 
permit, but subject however to such alterations in con- 
struction and such regulations of such use for protection 
against fire or explosion as the fire marshal's department 
may from time to time prescribe. 

Section 4. Whoever keeps, stores, manufactures or sells Penalty. 
any of the articles named in section two, in violation of 
this act or of the regulations made hereunder, shall be 
punished by a fine of not more than one hundred dollars 
or by imprisonment for not more than one month, or by 
both such fine and imprisonment. 

Section 5. So much of chapter one hundred and two Repeal, 
of the Revised Laws as is inconsistent herewith is hereby 
repealed. Ap-prov^d May 23, 1904. 

Ax Act to provide for the construction in cities of ar- z^/,^,^ Q"--! 

MORIES FOR THE MILITIA. 

Be it enacted, etc., as follows : 

Section 1. If the city council of any city shall vote to construction 
have an armory constructed therein and shall designate !armor1es%r 
the amount of the loan necessary for acciuiring land and t^^emiutia. 
for erecting an armory, the armory commissioners of the 
Commonwealth shall thereupon acquire, by purchase or 
otherwise, a suitable lot of land in that city, and shall 
erect thereon a suitable building for an armory suflicient 
for one or more companies of infantry and for such other 
detachments of the militia and for such of the militia head- 



312 



Acts, 1904. — Chaps. 



372, 373. 



Certain pro- 
visious of law 
to apply. 



quarters situated in that city as the}^ may deem necessary, 
and containing the necessary rooms for drilling and for 
the care of state property. The provisions of sections one 
hundred and seven, one hundred and eight, one hundred 
and nine, one hundred and ten and one hundred and eleven 
of chapter sixteen of the Revised Laws shall apply to all 
proceedings hereunder. 

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

Approved May 23, 1904. 



C7ia2).S72 



District Court 
of Wiuolieu- 
don. 



Justices, etc. 



Sittings of 
court. 



First session. 



When to take 
effect. 



An Act to establish the district court of wixchendon. 

Be it enacted, etc. , as folloivs : 

Section 1. The town of Winchendou shall constitute 
a judicial district, under the jurisdiction of a court, to be 
called the District Court of Winchendon. 

Section 2. There shall be one justice and two special 
justices of the court. The justice shall receive an annual 
salary of nine hundred dollars, to be paid by the county 
of Worcester. All the provisions of law applicable to 
district courts shall apply to said court. 

Section 3. Sittings of the said court for criminal busi- 
ness shall be held at Winchendon daily, except on Sundays 
and on legal holidays. Sittings of the court for civil busi- 
ness shall be held at Winchendon as required by law, and 
on such other days as may be fixed by rule of court. 

Section 4. The first session of the court shall be held 
on the first day of July in the year nineteen hundred and 
four ; but nothing in this act shall affect any suit or other 
proceeding begun prior to said first day of July. 

Section 5. So much of this act as relates to the ap- 
pointing and qualifying of the justices of the court shall 
take effect upon its passage, and the remainder of this act 
shall take effect on the first day of July in the year nine- 
teen hundred and foiu*. Ap)p>roved May 23, 1904. 



C/iCin.373 ^^ '^^'^ relative to liens for labor and material fui 
nished in the construction of street railways. 



R. L. 112, 
amended. 



Be it enacted, etc. , as folloivs : 

Chapter one hundred and twelve of the Revised Laws is 
hereby amended by inserting after section one hundred 
the following five sections : — Section 101. A person to 
whom a debt is due for labor performed or for materials 



Section 101. 
Right of action 
to recover for 

ria'iTfuraished fumished and actually used in constructing a street rail 



Acts, 1904. — Chap. 374. 313 

way under a contract with a person, other than the owner in the coustruc 
of the street railway, who has authority from or is riG;ht- rauway^s.'^''*^' 
fully aetino- for such owner in furnishino- such labor or 
materials shall have a rlolit of action against such owner 
to recover such debt with costs, except as provided in the 
following four sections. Section 102. No person who section 102. 
has contracted to construct the whole or a S])ccified })art ^n^s'n'ot''^'^ 
of such street railway shall have such right of action. ri-\\tot:ution. 
Section 103. Xo person shall have such right of action section 103. 
for labor performed, unless, within thirty days after ceas- ubor^pe*!-^ 
ing to i)erform it, he files in the oifice of the clerk of a ment tobe'^" 
city or town in which an}" of said labor was performed a fjjfrt^^davs' 
Avritten statement, under oath, of the amount of the debt etc 
so due him and of the name of the person or persons for 
whom and by whose employment the labor was performed. 
Such right of action shall not be lost by a mistake in stat- 
ing the amount due ; but the claimant shall not recover as 
damages a larger amount than is specified in said statement 
as due him, with interest thereon. Section 104. No section 104. 
person shall have such right of action for materials fur- Aiecrihefore 
nished, unless, before beginning to furnish them, he files fumisiinfa\e- 
in the office of the clerk of the city or town in which any "''^'^• 
of the materials were furnished, in the manner provided 
for filing the statement mentioned in the preceding sec- 
tion, a written notice of his intention to claim such right. 
Section 105. No such action shall be maintained unless section 105. 
it is begun within sixty days after the plaintiff ceased to besiin^wuwn 
perform such labor or to furnish such materials. Iic/^ '^^^^' 

Aj)x>roved May 23^ 1904. 



C/i«29.374 



Ax Act relative to the ixcokporation axd to the reserve 

FUXDS OF TRUST COMPANIES. 

Be it enacted, etc., as folloivs : 

Section 1 . Fifteen or more persons who associate them- Trust com- 
selves by an agreement in writing for the purpose of forming corporation, 
a trust company may, upon compliance with the provisions ®*°' 
of this act, become a corporation, 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. Said agi-eement shall set forth that the sub- Agreement of 

1 , .~ , 1 . , , . . ^ association. 

scribers thereto associate themselves with the intention 01 
forming a corporation, and shall specifically state : — 



314 



Acts, 1904. — Chap. 374. 



Each associate 
to subscribe to 
articles, etc. 



Notice of 
intention to 
fonii a trust 
company to be 
given, etc. 



Subscribers to 
agreement to 
apply for a 
certificate, etc. 



First meeting, 
calling, etc. 



Notice may be 
waived, etc. 



First, The name by which the corporation shall be 
known. 

Second, The purpose for which it is formed. 

Third, The cit}^ or town, which shall be within this Com- 
monwealth, where its business is to be transacted. 

Fourth, The amount of its capital stock, and the number 
of shares into which the same is to be divided. 

Each associate shall subscribe to the articles his name, 
residence, post office address and the number of shares of 
stock which he agrees to take. 

Section 3. A notice of the intention of the subscribers 
to form such a trust compan}^ shall be given to the board 
of commissioners of savings banks. A notice in such form 
as said board shall approve shall be published at least once 
a week, for three successive weeks, in one or more news- 
papers designated by said board, and published in the city 
or town in which it is proposed to establish the company. 
Such notice shall specify the names of the proposed incor- 
porators, the name of the cor})oration and the location of 
the same, as set forth in the above mentioned agreement 
of association . Within thirty days after the first publica- 
tion of said notice the subscrij^ers to said agreement shall 
apply to said board for a certificate that pul)lic convenience 
and advantage will be promoted by the establishment of 
such trust company. If the board refuses to issue such 
certificate, no further proceedings shall be had, but the 
application may be renewed after one year from the date 
of such refusal, without further notice or publication unless 
the board shall order the same. 

Section 4. The first meeting of the subscribers to the 
agreement of association shall he called by a notice signed 
either by that subscriber to the agi-eement who is designated 
therein for the purpose, or hy a majority of the subscribers ; 
and such notice shall state the time, place and purposes of 
the meeting. A copy of the notice shall, seven days at 
least before the day appointed for the meeting, be given 
to each subscriber or left at his residence or usual place 
of business, or deposited in the post office, postage prepaid, 
and addressed to him at his residence or usual place of 
business, and another copy thereof and an affidavit of one 
of the signers that the notice has been duly served shall be 
recorded with the records of the corporation. If all the 
incorporators shall in writing, endorsed upon the agree- 



Acts, 1904 — Chap. 374. 315 

ment of association, waive such notice and fix the time and 
place of the nieetino;, no notice shall be required. The 
subscribers to the agreement of association shall hold the 
franchise until the organization has })een completed. At Organization. 
such first meeting, or at any adjournment thereof, the 
incorporators shall organize by the choice by ballot of a 
temporary clerk, by the adoption of by-laws and by the 
election in such manner as the by-laws may determine, of 
directors, a })resident, a clerk, and such other officers as 
the by-laws may prescribe. All the officers so elected ^^fjjpj ^ *^° ^® 
shall be sworn to the faithful performance of their duties. 
The temporary clerk shall make and attest a record of the Temporary 

T ' J.M xi 1 1 1 u 1 J clerk, duties. 

proceedings until the clerk has been chosen and sworn, 
including a record of such choice and qualification. 

Section 5. The president, and a majority of the Articles set- 
directors who are elected at such first meeting, shall c^min^ietaiis 
make, sign and make oath to, in duplicate, articles set- dupUcate^Vtc. 
ting forth : — 

(a). A true copy of the agi'eement of association, the 
names of the subscribers thereto, and the name, resi- 
dence and post office address of each of the officers of the 
company ; 

(b). The date of the first meeting and the successiye 
adjournments thereof, if any. 

One of such certificates shall be submitted to the board [Jl^submitted^ 
of commissioners of sayings banks, and the other, together gj'^'jfg"™'!" 
with the records of the proposed corporation, to the com- savings banks 

- . , , 1, . ., T and commis- 

missioneroi corporations, who shall examine the same, and sionerof 
who may require such amendment thereof or such addi- etc?'^'^^ ^^^^' 
tional information as he may consider necessary. If he 
finds that the articles conform to the provisions of the pre- 
ceding sections relative to the organization of the corpora- 
tion and that the provisions of section three have been 
complied with, he shall so certify and endorse his approval 
thereon. Thereupon the articles shall be filed in the office Articles to be 
of the secretary of the Commonwealth, who, upon payment secretlryof 
of a fee equal to one fortieth of one per cent of the capita.1 wla?to"etc.°' 
stock of said corporation as set forth in said articles, shall 
cause the same, with the endorsement thereon, to be 
recorded, and shall thereupon issue a certificate of incor- 
jDoration in the following form : — 



316 



Acts, 1904. — Chap. 374. 



Certificate of 
incorporatiou. 



Certificate of 
incorporation 
to have force 
aucl effect of 
special charter, 
etc. 



Capital stock. 



C0:MM0X WEALTH OF MASSACHUSETTS. 

Be it known that whereas (the names of the subscribers 
to the agreement of association) have associated themselves 
with the intention of forming a corporation under the name 
of (the name of the corporation), for the purpose (the 
purpose declared in the agreement of association), with a 
capital stock of (the amount fixed in the agi-eement of 
association), and have complied with the provisions of the 
statutes of this Commonwealth in such case made and pro- 
vided, as appears from the articles of organization of said 
corporation, duly approved by the commissioner of cor- 
porations and recorded in this office : now, therefore, I 
(the name of the secretary), secretary of the Common- 
wealth of ^Massachusetts, do hereby certify that said (the 
names of the subscribers to the agreement of association), 
their associates and successors, are legally organized and 
established as, and are hereb}' made, an existing corpora- 
tion under the name of ( name of the corporation ) , with 
the powers, rights and privileges, and sul)ject to the limi- 
tations, duties and restrictions, which by law appertain 
thereto. 

Witness my official signature hereunto subscribed, and 

the great seal of the Commonwealth of Massachusetts 

hereunto affixed, this * day of in the year 

(the date of the filing of the articles of 

organization) . 

The secretary shall sign the certificate of incorporation 
and cause the great seal of the Commonwealth to be 
thereto affixed, and such certificate shall have the force and 
efiect of a special charter. The existence of every corpo- 
ration which is not created by special law shall begin upon 
the filing of the articles of organization in the office of the 
secretary of the Commonwealth. The secretary of the 
Commonwealth shall also cause a record of the certificate 
of incorporation to be made, and such certificate, or such 
record, or a certified copy thereof, shall be conclusive evi- 
dence of the existence of such corporation. 

Sectiox 6. Such corporation shall not issue any shares 
of stock until the par value of such shares shall have been 
actuall}^ paid in in cash. When the whole capital stock 
has been issued, a complete list of the stockholders, with 
the name, residence and post office address of each, and 
the number of shares held bv each, shall be filed with the 



Acts, 1904. — Chap. 374. 317 

board of coimnissioners of savings banks, which list shall 
he vevitied by the two principal officers of the corporation. 
Upon ret'cipt of such statement said board shall cause an Not to trans- 
examination to be made, and if, after such examination, it uum^'^ruucate 
api)ears that the whole cajntal stock has been paid in in ifoJnmUsioneis 
cash, and that all requirements of law have been complied J'/^^j^^'^'^s^ 
with, said board shall issue a certificate authorizing such 
corporation to l)egin the transaction of business. It shall 
be unlawful for any such corporation to begin the trans- 
action of business until such a certificate has been granted. 

Section 7. Every trust company doing business within To have on 
the Connnon wealth shall at all times have on hand as a amount'^asa''^ 
reserve an amount equal to at least fifteen per cent of the reserve, etc. 
aggi'egate amount of its deposits, which are subject to with- 
drawal upon demand or within ten days. Not less than 
one third of such reserve shall consist of la^vful money of 
the United States, and not less than one half of the remain- 
der of such reserve may consist of balances, payable on 
demand, due from any national banking association doing 
business in this Commonwealth or in the city of New York, 
and the balance of said remainder may consist of bonds of 
the United States or of this Commonwealth, computed at 
their par value, which are the absolute property of such 
corporation. 

If such reserve is at any time less than the amount afore- Not to make 
said, the trust company shall not make any new loans until resCTvefs^iess 
the required proportion between the aggregate amount of "nount^*^^'° 
its deposits and reserves shall be restored. The board of Receivers may 

\ . -, . ,1 !_•!' j_j. be appointed 

commissioners oi savings banks may notiiy any trust com- in certain 
pany whose reserve shall be 1:)elow the amount required to '^^^^^' ' 
be kept on hand, to make good such reserve, and if such 
trust company shall fail for sixty days thereafter so to make 
good such reserve, the commissioners may apply to a jus- 
tice of the supreme judicial court to appoint one or more 
receivers to take possession of the property and eftects of 
said trust company and to close up its business, subject to 
such directions as may from time to time be prescribed by 
the court or by a justice thereof. 

Section 8. This act shall take effect upon its passage, when to take 
except that the provisions of section seven shall take effect ^^^^' ^^' 
as to existing trust companies on the first day of Septem- 
ber in the year nineteen hundred and four. All acts and 
parts of acts inconsistent herewith are hereby repealed. 

Approved May 25, 1904. 



318 



Acts, 1904 — Chap. 375. 



R. L. 11, § 297, 
amended. 



Statements of 
election 
expenses, 
filing, etc. 



R. L. 11, § 298, 
amended. 

Stiitements to 
be inspected, 
etc. 



Ohnn 37') ^^ ^^^ relative to the filing and inspection of statements 

of election expenses. 

Be it enacted^ etc., as foUoivs : 

Section 1. Chapter eleven of the Revised Laws is 
herebv amended by striking out section two hundred and 
ninety-seven and inserting in place thereof the following : 
— Section 297. The statement required to be filed by a 
candidate, treasurer or other person shall be filed with the 
clerk of the city or town in which such candidate, treas- 
urer or other person is a voter. In case the nomination 
to which such statement relates is a nomination to a state 
or national office, or the election is a state or national elec- 
tion, a duplicate shall be filed with the secretary of the 
Commonwealth. Whoever makes a statement required 
by the provisions of this chapter shall make oath that 
it is in all respects correct and true to the best of his 
knowledge and belief. 

Section 2. Said chapter is hereby further amended 
by striking out section two hundred and ninetj^-eight and 
inserting in place thereof the following : — Section 298. 
The secretary of the Commonwealth shall inspect all state- 
ments filed with him, and the clerks of cities shall inspect 
all statements relating to nominations and to city elections 
filed with them, within sixty days after the election to 
w^hicli they relate, and if upon examination of the official 
ballot it appears that any person has failed to file a state- 
ment as required by law, or if it appears to the secretary 
that any such statement, filed with him does not conform 
to law, or if it appears to a city clerk that such statement 
relating to a city nomination or election does not conform 
to law, or upon complaint in writing by five registered 
voters that a statement does not conform to law, or that 
any person has failed to file a statement required by law, 
the secretary or city clerk shall in writing notify the de- 
linquent person. Such complaint shall state in detail the 
grounds of objection, shall be sworn to by one of the sub- 
scribers, and shall ])e filed with the secretary or with the 
proper city clerk within ninety days after the election in 
question, or within sixty days after the filing of a statement 
or amended statement. 

Section 3. Said chapter is hereby further amended 
by striking out section two hundred and ninety-nino and 
inserting in place thereof the following : — Section 299. 



Complaint, 
filing, etc. 



R. L. 11, §299, 
amended. 



Acts, 1904. — Chap. 375. 319 

Upon the failure to file a statement within ten days after Attorney. 
receiving notice under the preceding section, or if any Siuue^pro- 
statenient filed as above discloses any violation of any eertaiif wises 
provision of this chapter relating to corrupt })ractices in '^^'■ 
elections, the secretary of the Connnonwealth or the city 
clerk, as the case may be, shall notify the attorney-general 
thereof and shall furnish him with copies of all papers re- 
lating thereto, and the attorney-general, within two months 
thereafter, shall examine every such case, and if he is sat- 
isfied that there is cause, he shall in the name of the Com- 
monwealth institute appropriate civil proceedings or refer 
the case to the proper district attorney for such action as 
may be appropriate in the criminal courts. 

Section 4. Section tlu-ee hundred of said chapter is r. L.n, §300, 
hereby repealed. ''''"''"'■ 

Section 5. The first sentence of section three hundred ^fn^ended^ ^°^' 
and one of said chapter is hereby amended b}^ inserting 
after the word "the", in the sixth line, the words: — 
attorney-general or, — so that said sentence will read as 
follows : — Section 301 . The supreme judicial court or the courts to en- 
superior court may compel any person who fails to file a gtatenfen'tf.°* 
statement as above required, or who files a statement which 
does not conform to the foregoing requirements in respect 
to its truth, sufiiciency in detail, or otherwise, to file a 
sufficient statement, upon the application of the attorney- 
general or district attorney or petition of an}^ candidate 
voted for, or of any five persons qualified to vote at the 
election on account of which the expenditures, or any part 
thereof, were made or alleged to have been made. 

Section (3. Said chapter is hereby further amended by r. l. ii, § 305, 
striking out section three hundred and five and inserting '*^'^^'^^^^^^- 
in place thereof the following : — Section 305. The sec- secretary of 
retary of the Connnonwealth shall at the expense of the weaVth"™*^'^ 
Commonwealth furnish to the city and town clerks, and fo^'^sute'niems. 
in Boston to the board of election commissioners, blanks 
in form approved by the secretary and by the attorney- 
general, suitable for the statt'ments required by law. On Blanks to be 
the receipt of a list of candidates for public office before a climUdat^'Vnd 
caucus or primary, or upon the filing of a nomination poutiJJa^coni 
before a municipal election, the board of election commis- mittees, etc. 
sioners in Boston, and the clerk of any other city or the 
town clerk shall transmit to the candidate or candidates 
put in nomination, and to the treasurers of political com- 
mittees, the blanks above described. Upon the filing of 



320 



Acts, 190^. — Chap. 376. 



K. L. 11, § 420, 
amended. 

Penalty for 
violation 
of provisions 
relating to 

COlTUpt 

practices in 
elections. 



a nomination liefore a state or national election the secre- 
tary of the Commonwealth shall transmit to the candidate 
or candidates put in nomination, and to the treasurers of 
the political committees, the blanks above described. To 
any person required to file a statement such blanks shall 
be furnished upon application therefor. 

Section 7. Said chapter is hereby fui'ther amended by 
striking out section fourhundredand twenty and inserting 
in place thereof the following : — Section 420. Whoever 
violates any provision of law relating to corrupt practices 
in elections the punishment for which is not specially 
determined by law, shall be punished by imprisonment for 
not more than one year or by a fine of not more than one 
thousand dollars. Approved May 25, 1904. 



1901, 473, § 1, 
amended. 



CllCtV 376 "^^ ^^^ KELATrVE TO THE SCHOOLHOUSE DEPARTMENT OF THE 

CITY OF BOSTON. 

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 
one is hereby amended by striking out the words " The 
school committee shall appropriate money to pay the sala- 
ries of the members of the board and so much of the neces- 
sary expenses of said department as are not provided for 
by section four of this act", in lines nineteen to twenty- 
two, both inclusive, and inserting in place thereof the 
words : — The salaries and other necessaiy expenses of 
said department shall be apportioned and paid out of the 
proceeds of the bonds authorized by section four of this 
act, and out of such sums as shall be appropriated by said 
school committee for constructing and furnishing new 
school buildings, including the taking of land therefor and 
for school yards, and the preparing of school yards for 
use, and for repairs and alterations of school buildings, 
which apportionment shall be approved by the mayor, — 
so as to read as follows: — Section 1. The schoolhouse 
department of the city of Boston is hereby established and 
shall be under the charge of a board of three commission- 
ers, citizens of Boston, appointed by the mayor of the city 
without confirmation. During the current year one of said 
commissioners shall be appointed for the term of tliree 
years, one for the term of two years and one for the term 
of one year, beginning with the first day of June of said 



Schoolhouse 
department of 
city of Boston 
established. 



Commission- 
ers, appoint- 
ment, etc. 



Acts, 1904. — Ciiai>. :\17. 321 

year; and on or before the expiration of any term a eoni- 
nii>ssioner shall be appointed for a term of three 3'ears, 
bei^innino- with the first day of flune in the year in which 
sueh term expires. Any vacancy oceurrini>- in the number vacanpy, 
of the commissioners shall be filled by ajjpointment of a '"^•"'*^*''*'*^- 
commissioner in the manner aforesaid, for the remainder 
of the ti'rm. The memliers of the board shall be paid a 
salary ; the chairman at the rate of four thousand dollars 
per annum, and each of the other members at the rate of 
thirty-fiv^e hundred dollars per annum. The salaries and 
other necessary expenses of said department shall be 
apportioned and paid out of the proceeds of the bonds 
authorized l)y section four of this act, and out of such 
sums as shall be appropriated by said school committee 
for constructing and furnishing new school buildings, in- 
cluding the taking of land therefor and for school yards, 
and the preparing of school yards for use, and for repairs 
and alterations of school buildings, which apportionment 
shall be approved by the mayor. The provisions of chapter certain pro. 
two hundred and sixty-six of the acts of the year eighteen to apply. 
hundred and eighty-five and of all other acts relating to 
the departments of the city of Boston or the officers or 
employees thereof, so far as they may be applicable and 
not inconsistent herewith, shall apply to said department 
and to the officers and employees thereof. The said board ^^^nuai repm-tf 
shall make an annual re})ort in Avriting of its doings, and etc. 
of all the business transacted by it, to the mayor of the 
city of Boston, and said report shall be printed as a public 
document of said city. 

Section 2. This act shall take effect upon its accept- effect! ^^^ '^'^^^ 
ance by the city council of the city of Boston. 

Approved May 25, 1904. 

An Act relative to joint caucuses or primaries of all /^/^y-zr) S77 

POLITICAL AND MUNICIPAL PARTIES. 

Be it enacted, etc., as follows : 

Section 1. The provisions of chapter four hundred and ^^ties of pro^ 
fiftv-four of the acts of the year nineteen hundred and three, visions of law 

• . T ^ . . * . . .11 1 • • 1 rel'itive to 

providins: for loint caucuses or prnnaries of all political joint caucuses 

J '• • 1 -X- 1 1x11 'i. X or primaries. 

and municipal parties, may be adopted by any city at any 
state or city election. The question of the adoption of 
the act shall be put upon the official ballot upon the peti- 
tion of a number of voters equal to the number required 



322 



Acts, 1901. — Chaps. 378, 379. 



Action may be 
revoked. 



for nominating by nomination papers a candidate for 
mayor, such petition to be filed with the citj'^ clerk on or 
before the last day of filinsr nomination papers. 

Section 2. Any city that has adopted the provisions 
aforesaid may revoke its action in the manner pro\ided 
in the preceding section, after said provisions have been 
in force for at least one state and one city primary. 

Approved May 23, 1904. 



Maintenance 
and care of 
Gurnet bridge 
in Dnxbury. 



Chccn.37S '^^' -^^t kelatfv'e to the expexse of maintaixixg gurnet 

BRIDGE IX THE TOAVX OF DUXBURY. 

Be it enacted, etc., as foUoics : 

Section 1. The maintenance and care of the bridge 
known as Gurnet bridge in the town of Duxbury, which 
was built pursuant to the provisions of chapter three hun- 
dred and one of the acts of the year eighteen hundred and 
eighty-seven and of acts in amendment thereof and in ad- 
dition thereto, shall hereafter be in the charge of and under 
the control of the county commissioners of the county 
of Plymouth : and the expense of maintaining the said 
bridge and keeping it in proper repair shall hereafter be 
paid by the said county. The county commissioners of 
said county shall annually hereafter assess the amount 
thus expended by the count}' in the following propor- 
tions : — One third upon the town of Duxbury, one third 
upon the county of Plymouth, and one third upon such 
cities and towns within the said county, other than the 
toAvn of Duxbury, as the commissioners shall award and 
determine to be specially benefited by the l^ridge, and in 
such amounts as they shall award and determine to be 
liiirly proportionate to such special benefits. The cities 
and towns so assessed shall, within such time and in such 
manner as the commissioners shall determine, pay into 
the treasury of the county of Plymouth the amounts as- 
sessed upon them as aforesaid. 

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

Apptroved May 25, 1904. 



Apportion- 
nieut of 
expense. 



Payment of 
assessments. 



Chap 



3^79 Ax Act to authorize the board of harbor axd laxd com- 
missioners TO SELL OR LEASE CERTAIN ISLANDS. 

Be it enacted, etc., as foUoivs : 
iiarborand Sectiox 1. The board of harbor and land comniis- 

land coniniis- . i i • 

sionersmay sioncrs luav, uudcr the authontv and subject to the a])- 

sell or lease *• .. ^ i 

certain islands. 



Acts, 1901. — Chap. 380. 323 

proval of the o-ovornor and council, sell and convey or 
lease any of the islands owned by the Connnonwealth in 
the great ponds. 

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

Approved May 25, 1004. 

An Act kklative to the ExrEXSES of candidates fok pchlic njin^j H'^0 

OFFICE. 

Be it enacted, etc., as follows : 

Section 1. Section two hundred and eighty-five of R-lii §285, 
chapter eleven of the Revised Laws is hereby amended 
by striking out the second paragraph thereof. 

Section 2. Section two hundred and eighty-seven of R-l.ii,§2S7, 

~ - amended. 

said chapter is hereby amended by inserting alter the 
"word "own", in the second line, the words: — nomina- 
tion or, — so as to read as follows: — Section 287. Xo payment of 
person shall, in order to aid or promote his own nomina- "uiduLates 
tion or election to a public office, du'ectly or indirectly, leguiaied. 
himself or through another person, give, pay, expend or 
contribute, or promise to give, pay, expend or contribute, 
any money or other valuable thing, except for personal ex- 
penses or to a political committee as hereinafter provided. 

Section 3. Said chanter is hereby further amended RL-n,§2S8, 

... . ^ , 1 1 " 1 • 1 • 1 amended. 

by striking out section two hundred and eighty-eight and 
inserting; in place thereof the followino- : — Section 288. candidates to 

» i . . IT n^ 1 11 ^^® Statements. 

Every candidate for nomination to a public oince shall, 
within seven days after the last day of filing nominations 
for such office, and every candidate for election to a public 
office shall, within seven days after the election held to 
fill such office, file a statement in writing setting forth 
each sum of money and thing of value contributed or 
promised by him, except fcjr his own personal expenses, 
for the purpose of securing or in any way aftccting his 
nomination or election to such office, and the name of the 
political committee to which the contribution or promise 
was made, and the date thereof. The words ' ' i^ersonal The words 

,. ,., 1 11 -111 "personal 

expenses", as used in this chapter, shall include only ex- expenses" 
penses directly incurred and paid by a person for travel- 
ling and for purposes properly incidental to travelling; 
for writing, printing and preparing for transmission any 
letter, circular, or other pulilication not issued at regular 
intervals, whereby he states his position or views u[)on 
public or other questions ; for stationery and postage ; 



324 



Acts, 1904. — Chap. 381. 



for telegraph, telephone and public messenger service ; 
and for other similar personal pm-poses. 

Approved May 23, 1904. 



CllUD 381 '^ "^*-^^ KELATIVE TO STATE AND MILITARY AID AND TO THE 
BUKIAL OF INDIGENT SOLDIERS AND SAILORS. 



Commissioner 
of state aid 
and pensions, 
powers and 
duties. 



Deputy coni- 
miesiouer, 
powers and 
duties. 



Compensation 
of commis- 
sioner and 
deputy com- 
missioner. 



Clerks, agents, 
etc., appoint- 
ment, compen- 
sation. 



Be it enacted, etc., as foUoivs : 

Section 1. The commissioner of state aid and pen- 
sions, appointed under the provisions of chapter one hun- 
dred and ninety-two of the acts of the year nineteen 
hundred and tAvo, shall perform the duties required of 
him under the laws relative to state and military aid. He 
shall investigate, so far as the interests of the Common- 
wealth may reijuu'c, all payments for state and military 
aid under the provisions of this act. He shall be a state 
agent for the settlement of pensions, bounty and back pay 
claims of citizens of this Commonwealth against the gov- 
ernment of the United States, shall lie allowed his travel- 
ling expenses when it is necessary for him to visit the city 
of Washington, and may expend for such purposes and 
for all other expenses necessary to the proper performance 
of his duties such sums as the general court may appro- 
priate. He shall furnish information, prepare papers and 
expedite the adjudication of claims, and assist claimants 
in proving their cases, and shall keep a record of the work 
done in his office and make an annual report thereof to 
the general court. The deputy commissioner appointed 
under the provisions of said chapter one hundred and 
ninety-two shall l)e subject to the direction and control 
of the commissioner. In case the commissioner is tempo- 
rarily absent or unable from any cause to perform the duties 
of his office, the deputy shall perform the duties of the 
commissioner until such absence or disability ceases. Said 
commissioner shall receive an annual salary of twenty-live 
hundred dollars, and said deputy commissioner shall receive 
an annual salary of two thousand dollars, and each shall 
devote his whole time to the duties of his office. Said 
commissioner may appoint a chief clerk at a salary of fif- 
teen hundred dollars a year ; two agents each at a salary 
of thirteen hundred dollars a year ; one agent at a salary 
of one thousand dollars a year ; one special agent at a 
salary of six hundred dollars a year; one bookkeeper at 
a salary of thirteen hundred dollars a year ; one clerk at a 



Acts, 1901. — Chap. 381. 82.3 

salary of twelve hundred dollars a year ; one clerk at a 
salary of one thousand dollars a year ; and two clerks each 
at a salary of not more than eight hundred and forty dollars 
a year. 

Section' 2. A city or town may raise money, and, [^ownVm'iV 
undor the direction of the mayor and aldermen or select- i>«v stme i.mi 

T-. 1 • 1 1 i» 1 11 military aid. 

men or, m Boston, subject to the order oi the aldermen 
thereof as to the amounts to be |)aid to beneficiaries, but 
under the direction of the soldiers' relief commissioner, 
pay state or military aid to, or expend it for, any worthy 
person, subject to the following conditions. 

STATE AID. 

Section 3. A recipient of state aid shall have a resi- ftat"akL*^* 
dence, and shall actually reside, in the city or town from 
which such aid is received ; shall not receive aid from any 
other city or town in the Conmion^vealth nor from any 
other state ; shall be in such needy circumstances as to 
require public assistance, and shall belong to one of the 
following classes : — 

First Class, Invalid pensioners of the United States First class 
who served in the army or nav}^ of the United States to ^^"'' iic-itions. 
the credit of this Commonwealth either in the civil war, 
between the nineteenth day of April in the year eighteen 
hundred and sixty-one and the first day of September in 
the year eighteen hundred and sixty-five, or in the war 
with S})ain, which for the purposes of this chapter is de- 
fined as having begun on the fifteenth day of February 
in the year eighteen hundred and ninety-eight, and as 
having ended on the twelfth day of August in said year ; 
or who served in such army or nav}^ in the military organi- 
zations of this Conmion wealth known as three months' men, 
ninety days' men, or one hundred days' men, mustered 
into the service of the United States in April, May, June 
or July in the year eighteen hundred and sixty-one, or in 
A})ril, May, July or August in the j^ear eighteen hundred 
and sixty-four ; or w^ho, having their residence and actually 
residing in this Commonwealth at the time of their enlist- 
ment, either served to the credit of any other state in such 
army or navy, between the nineteenth day of April in the 
year eighteen hundred and sixty-one and the eighteenth 
day of March in the year eighteen hundred and sixtj^-two, 
or served in sucharmv or navy, having been mustered into 



32(3 



Acts, 1904:. — Chap. 381. 



First class 
qualifications. 



Second class 
qualifications. 



the service of the United States, at some time between the 
first day of May and the first day of October in the year 
eighteen hundred and sixty-two, while having a residence 
and actually living in this Commonwealth and while a 
member of one of the organizations of the volunteer militia 
known as the Boston cadets, the Salem cadets, the eighth 
battery of light artillery or company B of the seventh regi- 
ment of infantry ; or who served in such navy, being one 
of the persons included in the list of officers, sailors and 
marines, prepared by the adjutant general in accordance 
witli chapter fifteen of the resolves of the year eighteen 
hundred and seventy-five and chapter eight of the resolves 
of the year eighteen hundred and eighty, having been ap- 
pointed or mustered into and having served in such naval 
service of the United States while an actual resident of 
this Commonwealth ; or who served in the regular army or 
navy of the United States either in the civil war or in the 
Tvar with Spain, having been appointed or having enlisted 
in said army while a citizen of this Commonwealth, having 
a residence and actually residing therein : which pensioners 
have been honorably discharged from their said service in 
the army or navy and from all appointments and enlist- 
ments therein, and are so far disabled by such service as 
to prevent them from following their usual occupation. 

Second Class, Dependent relatives of soldiers or sailors 
who have served in the manner and under the limitations 
described for the service of said invalid pensioners, and 
who, if they did not continue in the service of the United 
States awaiting discharge upon the official proclamation 
ending the war with Spain, or did not die in the service 
above defined for invalid pensioners, were honorably dis- 
charged therefrom, as follows : — The wives and widowed 
mothers of said invalid pensioners who served in the civil 
war, and the widows and widowed mothers of soldiers or 
sailors dying in such service or after their honorable dis- 
charge therefrom, and the widows, children and widowed 
mothers of soldiers or sailors wdio served in the war with 
Spain, dying in such service at any time previous to said 
official proclamation or d3'ing after their honorable dis- 
charge therefrom of wounds or disease incurred in such 
service, or dying while in receipt of a pension of the 
United States and the state aid of this Commonwealth, and 
the wives, children and widowed mothers of said invalid 
pensioners who served in the war with Spain. Such chil- 



Acts, 1904. — CiiAr. 381. 327 



drcn slnill not be nioiv tlnin lourtccii years of age, and 
shall have l)een horn })rior to their father's discharge from 
such service and })rior to the date of said proclamation. 

Third Class, Dependent wives, widows and widowed ™y||iy!^ions 
mothers of soldiers or sailors who served in either of said 
wars in the manner required of said invalid pensioners, who 
appear on the rolls of their regiments or com})anies in the 
office of the adjutant general to be missing or to have been 
captured by the enemy, and who have not been exchanged 
or returned from captivity, and whom the city or town 
otiieers granting such aid have no good reason to believe 
to be alive, and the dependent children of such soldiers 
and sailors who would be entitled to receive aid in the 
second class if their fathers had been invalid pensioners 
because of service in the war with Spain. 

Fourth Class, Recipients of state aid as dependent fathers Fourth class 
or mothers prior to the eleventh day of April in the year ^i"--"i«'-='tioD8. 
eighteen hundred and sixty-seven who were precluded from 
its receipt thereafter by the provisions of chapter one hun- 
dred and thirtj'-six of the acts of the year eighteen hun- 
dred and sixty-seven ; also fathers or mothers, the fathers 
being living, of soldiers or sailors who served in the war 
with Spain, in the manner and under the limitations de- 
scribed for the service of said invalid pensioners and who 
died in such service, if such parents were receiving aid on 
the eighteenth day of May in the year eighteen hundred 
and ninety-nine. No aid shall be granted to persons in 
this class unless in each case the mayor and aldermen, 
selectmen or, in Boston, the soldiers' relief commissioner 
are satisfied, on evidence first reported to the commis- 
sioner of state aid and satisfactory to him, that justice and 
necessity require a continuance of the aid to prevent actual 
suffering. 

P'ifth Class, AVomen who served not less than three Fifth class 
months as nurses in the army hospitals of the United 'i"""«^-'"o"«- 
States between the nineteenth day of April in the year 
eighteen hundred and sixty-one and the first day of 
September in the year eighteen hundred and sixty-five, 
and who for three consecutive years next prior to the date 
of application for aid shall have been actually resident in 
this Commonwealth, and who shall not be in receipt of 
an annuity from this Commonwealth ; if the municipal 
authorities are satisfied, on evidence first reported to and 
found satisfactory by the commissioner of state aid, that 



328 



Acts, 1904. —Chap. 381. 



Restrictions as 
to wife or 
widow. 



Certain words 
defined. 



Classification 
of certain 



the service was actually rendered and that justice and 
necessity requu'e the granting of aid. The amount of 
such aid and its duration shall be determined by the com- 
missioner of state aid. 

Section 4. A wife or widow of a discharged soldier 
or sailor shall not be held to belong to any of the fore- 
going classes nor receive state aid unless, if the service 
of the soldier or sailor was in the Avar with Spain, she was 
married to him Ijcfore his final discharge from such service 
and before the eighteenth day of ^lay in the year eighteen 
hundred and ninety-nine, and if his service was in the 
civil war unless she was, if his wife, married to him prior 
to his final discharge from such service, and if his wadow, 
prior to the ninth day of April in the 3'ear eighteen hun- 
dred and eighty. The words "pensioner", "soldier", 
and "sailor", as used in this chapter, shall be held to 
include a commissioned officer, and the word "sailor", 
shall be held to include a marine. 

Section 5. Of the persons to or for whom state aid 
beneficiaries, j^ pr^jjj under any special act or resolve designating them 
by name, and passed after the first day of June in the 
year eighteen hundred and seventy-nine, or to or for 
whom state aid was then being paid under any special act 
or resolve then repealed, all soldiers and sailors shall be 
held to belong to the first class, and all dependent relatives 
of soldiers and sailors to the second class of section tln-ee, 
notwithstanding the limitations of such classes ; and state 
aid ma}" be paid to or for such })ersons in the same manner 
and with the same limitations as it is paid to or for other 
persons of their respective classes ; but no aid shall be 
paid to or for any person under the provisions of this 
section contrary to any limitation or condition of the 
original special act or resolve authorizing state aid to be 
paid to or for him. 

Section G. No state aid shall be paid to or for a per- 
son of the first class of section tlu'ce exceeding in any one 
month tlu-ce fourths of the monthly amount of his pension, 
nor exceeding six dollars in any one month ; or to or for 
a person of the second, third, fourth or fifth class of said 
section exceeding four dollars in any one month ; and no 
more than eight dollars shall l)e paid to or for all the 
dependent relatives of any one soldier or sailor in any 
xo aid to be one month. State aid shall not be paid to or for any 
t^isesjetc!'^ '"" soldicr or sailor on account of service in the war with 



Tjimit of 
amounts pav 
able. 



Acts, 1904. — Chap. 381. 329 

Spain, or to liis deiiendent relatives, uiiU-ss he enlisted or 
Avus ap})ointed in the service of the United States after 
the fourteenth day of February and })rior to the twelfth 
day of August in the year eighteen hundred and ninety- 
eight : but it may bo allowed to or for volunteers mustered 
into the service of the United States in Massachusetts regi- 
ments after said twelfth day of August but prior to the first 
dav of JanuarA' in the year eiohteen hundred and ninetA'- 
nine who shall otherwise be qualified to receive the same, 
and to or for their dependent relatives. 

Section' 7. Applicants for state aid shall, before any Applications 
payment thereof to them, state in writing under oath the ^'^^■^^*^- 
name, age and residence of the person for Avhoni such aid 
is sought, his relation to the person who rendered the 
service entitling the applicant to aid, the company, regi- 
ment or vessel in or to which the officer, soldier or sailor 
enlisted or was appointed and in which he last served ; 
the date and place of such enlistment, if known ; the 
duration of such service and the reason upon Avhich the 
claim for aid is founded ; and shall furnish such official 
certificates of record, evidence of enlistment, service and 
discharge as may be required. The original papers in 
each case shall be filed Avith the commissioner of state aid, 
AA'ho shall from time to time })rovide each citA' and toAvn 
Avitli blank forms for the use of applicants for aid. 

Section 8. Said commissioner shall determine all con- commissioner 
troversies betAveen invalid pensioners and city and town contiwersTes, 
authorities relative to claims for state aid. He may refuse *^f"- 
to decide on the necessity of the claimants for aid, but if 
he shall determine that the claimant is entitled thereto he 
may authorize its payment to him monthly for not more 
than one year, under such limitations as he may impose. 
An appeal maybe taken from his determination to the Appeal may be 
governor and council, Avhose decision shall be final. ^^overnoraud 

council. 
MILITAKY AID. 

Section 9. The reci})ient of military aid shall belong Military aid. 
to and have the qualifications of one of the four foUoAving 
classes : — 

First Class, Each person of the first class shall have First class 
his settlement in the city or toAvn aiding him ; shall have 'i""ii«cations. 
served as a soldier, sailor, marine or commissioned officer 
in the manner and under the limitations prescribed in the 



330 



Acts, 1904. — Chap. 381. 



First class 
qualifications. 



Second class 
qualifications. 



Third class 
qtialifications. 



Fourth class 
qualifications. 



Aid under 
third and 
fourth classes 
to be ordered 
by commis- 
sioner. 



first class of section three ; shall have been honorably dis- 
charged from such United States service and from all 
appointments and enlistments therein ; shall be poor and 
indigent and, by reason of sickness or other physical dis- 
a])ility, in such need as would entitle him to relief under 
the pauper laws ; shall not be, directly or indirectly, in 
the receipt of any other state or military aid, or of any 
pension for services rendered or disabilities incurred either 
in the civil war or in the war with Spain ; and shall not, 
under the laws of the United States or under the rules 
governing an}^ national soldiers' or sailors' home, be en- 
titled to admission thereto, and his disability must have 
arisen from causes independent of his militar}^ or naval 
service aforesaid ; but the mayor and aldermen, selectmen 
or, in Boston, the soldiers' relief commissioner, if satisfied, 
upon evidence first submitted to, and found satisfactory 
by, the commissioner of state aid, that justice and neces- 
sity recpiire such aid to prevent actual suffering, may 
grant it to an applicant for a pension while his application 
is pending, or to an unmarried applicant for a pension 
who cannot obtain assistance at a national soldiers' or 
sailors' home. 

Second Class, Each person of the second class shall have 
his settlement in the city or town aiding him, and shall be 
an invalid pensioner entitled to receive state aid whose 
pension and state aid are inadequate for his relief, and 
who would otherwise receive relief under the pauper laws. 

Third Class, Each person of the third class shall have 
all the qualifications of persons of the first class, except 
settlement ; and he shall have been a continuous resident 
of this Commonwealth during the three years last preced- 
ing his receipt of military aid, and he shall be a resident of 
the city or town aiding him. 

Fourth Class, Each person of the fourth class shall have 
all the qualifications of persons of the second class, ex- 
cept settlement ; and he shall have been a continuous 
resident of this Commonwealth during the three years last 
preceding his receipt of military aid, and he shall be a 
resident of the city or town aiding him. 

Section 10. A city or town shall not render military 
aid to a person of the third or fourth class until it has 
furnished to the commissioner of state aid such evidence 
as may be required that he is entitled to receive aid, and 
has received from said conmiissioner an order fixins: the 



Acts, 190^. — Chap. 381. 331 

inaxinmin amount Avliich may ho paid a month, and the 
jHTiod durino- which aid may be allowed, and .statini^- such 
other conditions as tiie commissioner may impose relativ^e 
to such aid. Such order may be revoked or modified by 
the commissioner by giving written notice to tlie city or 
town which procures it. 

Section" 11. Xo ])erson shall be compelled to re- certain per- 
ceive military aid without his consent. No person shall receive'"*^ 
receive military aid on account of his service in the war with "Ji''^'^'"^ '"'^' 
Spain unless he was enlisted or appointed in the service of 
the United States aforesaid after the fourteenth day of Feb- 
ruary in the year eighteen hundred and ninety-eight and 
prior to the twelfth day of August in said year ; but mili- 
tary aid may be allowed to or for volunteers mustered into 
the service of the United States in Massachusetts regiments 
after said twelfth day of August but prior to the first day 
of January in the j^ear eighteen hundred and ninety- 
nine, who shall otherwise be qualified to receive the same. 
Xo person shall 1)6 compelled to receive military aid in an 
almshouse or other public institution, unless his physical 
or mental condition requires it or unless he so elects ; and, 
except in such case, it shall be paid to or expended for 
those persons only who live separate from persons receiv- 
inof support as paupers. Themavorand aldermen, select- Certain per- 

*- 1 T J T J? • • " .1 • • „ sons to pay 

men, soldiers reliei commissioner or the commissioner of over their 
state aid may require a person to Mdiom military aid is ^'^"'''''"^'^*^^' 
granted to pay over his pension to them to be expended 
for his relief before he shall receive such aid. 



GEXEKAL TROVISIOXS. 

Section 12. Xo person shall at the same time receive Receipt of aid 
both state and military aid. iinnte.1. 

Section 13. State and military aid shall be paid to or xowiiom state 
applied solely for the benefit of the person for whom it is ajrnnaybe" 
intended, and only so much shall be paid to or for him as ^'"^^etc. 
may be necessary to afford him reasonable relief or support. 
It shall not be paid to or for any person who is able to Not to be paid 
supi)ort himself, who is in receipt of income or who owns ffersons^etc. 
property sufficient for his support, nor to an amount in 
excess of such amount as is necessary, in addition to his 
income and property, for his personal relief or support, 
nor to or for any soldier, sailor, pensioner, dependent 
relative or nurse if the necessity therefor is caused by the 



332 



Acts, 190i. — Chap. 381. 



Assignments 
not valid, etc. 



Payment of 
aid restricted. 



City and town 
officers to 
make return 
to commis- 
sioner. 



Commissioner 
to examine 
certificates, 
etc. 



Allowances by 
commissioner," 
etc. 



voluntary idleness or continuous vicious or intemperate 
habits of the soldier, sailor or pensioner on whose account 
such aid is sought, nor to or for any person who has been 
dishonorably discharged from an}" national soldiers' or 
sailors' home or from the soldiers' home in this Common- 
wealth, unless the commissioner of state aid, after a hear- 
ing, shall otherwise determine. State aid shall not be 
subject to the trustee process, and no assignment thereof 
shall be valid. No back state aid shall be paid, nor shall 
state aid be paid to or for any person convicted of crime 
unless the municipal authorities and the commissioner of 
state aid otherwise determine, nor shall state or militar}' 
aid be paid if the pensioner, soldier or sailor deserted from 
the service of the United States either in the war of the 
rebellion or in the war with Spain or is wihull}^ absent 
from his family and neglects to render them such assist- 
ance as he is able to give. 

Section 14. The full amount expended for state or 
miUtary aid by any city or town, the names of the persons 
aided and the classes to which they severally belong, the 
amounts paid to or for each person, the reasons therefor, 
the names of the persons on account of whose services the 
aid was granted, the names, if any, of the companies, regi- 
ments or vessels in which they respectively enlisted, or to 
which they were appointed, and in which they last served, 
and the relationship of each person who was aided to the 
soldier or sailor on account of whose services the aid was 
granted, and such other details as the commissioner of 
state aid may require, shall, within the first ten days of 
the month following the month in which the expenditure 
was made, be certified, under oath, by the mayor, treasurer 
and city clerk of any city or a majority of the selectmen 
of any town disbursing the same, to said commissioner on 
blank forms to be provided by, and in a manner approved 
by, said commissioner. The commissioner shall examine 
the certificates thereof and allow and endorse thereon such 
amounts as in his judgment have been paid and reported 
according to the provisions of this chapter, and shall trans- 
mit the certificates to the auditor. Said commissioner 
may decide upon the necessity of the amount paid in each 
case, and ma}" allow any ])art thereof which he may deem 
proper and lawful and which, in cases of payment to or 
for persons of the third or fourth class entitled to receive 
military aid, he shall also find to have been made accord- 



Acts, 1904. — Chap. IJSl. 333 

ing to his orders; but he shiill allow and endorse the 
amoiiiits which ho has specifically authorized to bo paid 
under and according to his decisions authorized and })ro- 
vided for by section eight. Tlie whole of the amounts cutieBanri 
h^gally paid as aforesaid and so allowed for state aid, and lehnbursed. 
all payments to or for persons of the third or fourth class 
entitled to military aid, and one half of all i)ayments made 
to persons of the first or second class entitled to military 
aid, but none of the expenses attending the payment of 
state or militar}' aid, shall be reimbursed by the Common- 
wealth to the several cities and towns on or before the 
tenth day of December in the year after such expenditure. 

Section 15. The conmiissioner may, with the consent investigating 

^ , , . , . -^ . ageuts, ap- 

ot tiie governor, appoint, as occasion may require, one or pointment, etc. 
more disinterested persons who shall investigate any claims 
against the Commonwealth for state or military aid, may 
examine any persons to or for whom such aid has been 
paid, investigate the reasons therefor and all matters relat- 
ing to the granting of such aid, and shall rei)ort their 
doings to the commissioner. The reasonable expenses of 
the commissioner, and the expenses and compensation of 
any such disinterested person, approved by said commis- 
sioner, and allowed by the governor and council, shall be 
paid by the Commonwealth. ]Municipal authorities who Municipal 
grant state or military aid shall from time to time after its fmke^nfe'sti^ 
original allowance make such investigations into the neces- nations, etc. 
sities and qualifications of the person aided as to prevent 
any payment thereof contrary to the provisions of this 
chapter. 

Section Ki. The provisions of the preceding sections Limitation 
of this act and of special acts or resolves now or hereafter »* I'^^'-'^'o'^s- 
authorizing the payment of state or military aid to persons 
therein named, unless expiring by limitation of their own 
provisions, or unless otherwise provided, shall continue in 
force until the first day of January in the year nineteen 
hundred and ten ; but such provisions as relate to the set- 
tlement of accounts for aid rendered by cities or towns 
previous to said date and to the reimbursement thereof 
shall continue in force for one year after said date. 

BURIAL OF INDIGENT SOLDIERS. 

Section 17. The mayor of each city and the selectmen Burial awnts 
of each town or, in Boston, the soldiers' relief commissioner, lovvn8?deSg- 
shall designate a burial aij-ent, who shall serve without com- nation powers 

o o ' and duties. 



334 Acts, 1901. — Chap. 381. 

Burial agents pensatioii, sliall iiot be one of the overseers of the poor 
towns, d'esi^'- or be employed hy them, and Avho shall, under regulations 
aild duties""^ established by the commissioner of state aid, cause to be 
properly interred the body of any honorably discharged 
soldier, sailor or marine who served in the army or navy 
of the United States during the war of the rebellion, or 
during the war between the United States and Spain after 
the fourteenth day of Fcbruar}^ and prior to the twelfth day 
of August in the year eighteen hundred and ninety-eight, 
and the body of his wife, widow or dependent mother, and 
the bodies of such army nurses as are entitled to state aid 
under section three of this act, if they die without sufficient 
means to defray funeral expenses ; but no wife or widow 
of any soldier, sailor or marine of the civil war shall be 
entitled to the benefits of this section unless she was mar- 
ried to him prior to the year eighteen hundred and eighty, 
and no wife or widow of any soldier, sailor or marine of 
the Spanish war unless she was married to him prior to 
the first day of Januar}^ in the year nineteen hundred and 
one. If an interment has taken place without the knowl- 
edge of the burial agent, application may be made to him 
within thirty days after the date of the death, and if upon 
investigation he shall find that the deceased was within the 
provisions of this section and the rules of the commissioner 
of state aid, he may certify the same as provided in the 
following section. 
Expense of SECTION 18. The cxpcnsc of such burial shall not exceed 

et"'"' '""'*''' thirty-five dollars. It shall not be made in any cemetery 
or burial ground which is used exclusively for the burial 
of the pauper dead, or in any part so used of an}' cemetery 
Relatives may or burial grouud. Eelatives of the deceased who are unable 
fuQend. to bear the expense of burial may be allowed to conduct 

statement to be ^\^f, funeral. Thc full auiouut so expended, the name of 

made to com- , tt ., • J_^ • 

missiouerof tlic dcccascd soldicr, sailor or marme, the regmient, com- 
s a e .IK , e c. ^^^^^y ^j, vcsscl in wliich he served, the date of death, place 
of interment, and in case of a wife or widow the name of 
the husband and date of marriage, and such other details 
as the commissioner of state aid may require, shall be cer- 
tified under oath to him, in such manner as he may approve, 
by the burial agent and the treasurer of the city or town 
expending the amount, within ninety days after burial ; 
and said commissioner shall endorse upon the certificate 
his allowance of such amounts as in his judgment have lieen 
paid and reported according to this chapter, and shall 



Acts, 1904. — Cii^u^s. 382, 383. 335 

transmit sucli ccrtifioate to tlio auditor. The amounts cities and 
Iriiiilly paid and so allowed, with no expense for disburse- reiuiijuraed. 
ment, shall be reimbursed by the Commonwealth to the 
several cities and towns on or before the tenth day of 
December in the year after the expenditures have been 
uiade. 

Section lit. This act shall take etiect on the first day when to take 
of July in the j'ear nineteen hundred and four, but so far ^ *^^ '^ '■ 
as its provisions are the same as those of existing laws 
they shall be construed as a continuation thereof. 

Approved May 27, 1904. 



Ax Act to establish tiik salaries axd to l>eitxe the uuties f-yj QQO 

OF THE FEMALE MEMBEKS (»F THE IXSPECTIOX DEPAKTMEXT OF ^ ' 

THE DISTRICT POLICE. 

Be it enacted, etc., as foUoics : 

Section 1. Each female member of the inspection compensation, 
department of the district police shall receive an annual members of''^ 
salary of twelve hundred and fifty dollars, and her actual departm*entof 
travelling and other necessary expenses while on duty, iiistrict police. 
One of the said members shall be detailed by the chief of 
the district police for the inspection of factories and the 
other for the inspection of mercantile establishments and 
other buildings. 

Section 2. So much of chapter one hundred and eight Repeal. 
of the Revised Laws as is inconsistent herewith is hereby 
repealed. 

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

Approved May 27, 1904. 



Chap. 



Ax Act relative to couxty teachers' associatioxs. 
Be it enacted, etc., as folloics : 

Section 1. Section four of chapter forty of the Re- r. l.4o, §4, 
vised Law^s is hereb}^ amended by striking out the word ^'^ended. 
"twenty-five", in the fifth line, and inserting in place 
thereof the word : — fifty, — so as to read as follows : 
— Section 4. If a county association of teachers and Pa.^iientsto 
others holds an annual meeting of not less than one day teaehers; 
for the express purpose of promoting the interests of ^^^'^^^^ ^^^^' 
public schools, it shall, upon filing with the governor a 
certificate, under oath, of its president and secretary that 



336 



Acts, 190J:. — Chap. 384. 



a meeting has ])een so held, receive fifty dollars from the 
Commonwealth. 

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

Approved May 27, 1904. 



Chan 384 ^^^^ '^^^ kelative to sewerage expenses, assessments and 

CHARGES, AND TO THE POWERS OF THE SEWER COMMISSIONERS 
IN THE CITY OF TAUNTON. 



City of Taun- 
ton, system of 
sewers. 



Payment of 
cost. 



Owners of 
certain lands 
to be assessed, 
etc. 



Be it enacted, etc., as foUoirs : 

Section 1. The provisions of this act shall be deemed 
to have been enacted in view of the system of sewers which 
was adopted by the city of Taunton on the fourteenth day 
of August, eighteen hundred and ninety-seven, pursuant to 
the authority contained in chapter two hundred and nine- 
teen of the acts of the year eighteen hundred and ninety- 
five, and in view of the territory to which said system 
applies and of the conditions therein. 

Section 2. The total cost of lavino- makinij, maintain- 
ingand repairing the sewers of said system of sewers shall 
be borne and paid as hereinafter provided. 

Section 3. One third of the cost of laying and mak- 
ing the sewers of said system of sewers shall be paid from 
assessments to be made as follows : — The sewer commis- 
sioners of said city shall assess the owners of lands herein- 
after described within the territory embraced by said system 
of sewers, by a fixed uniform rate based upon the estimated 
average cost of all the sewers of said system. In making 
such estimate and for all purposes under this act, the cost 
of sewers in said territory which were built prior to the 
adoption of said system, but which have been made or are 
to.be made a part thereof, shall be taken to be their cost, 
after a reasonable deduction for depreciation, if any, on 
account of age and use has been made. Such assessments 
shall be made as aforesaid on the lands in said territory on 
every street or way in which the trunk sewer of said system 
is constructed, or in which there is a common sewer, directly 
or indirectly connected with said trunk sewer, whether such 
sewer was built prior or subsequent to the fourteenth day 
of August, eighteen hundred and ninety-seven, and shall 
be made according to the frontage of such lands on such 
street or way, and according to the area of such lands 
within a fixed depth from such street or way ; l)ut no as- 
sessment in respect to any such land which, by reason of 



Acts, lOOi. — Chap. 384. 337 

its 2i*ade or level or aiiv other cause, cannot be drained 
into such sewer, shall be made until such incapacity is 
removed ; and in cases of corner lots and lots abutting on 
more than one sewered street or way, the same area shall 
not be assessed more than once. The lien hereinafter pro- 
vided for shall attach to the parcel assessed. If payment ,f",",^'^"*j^,*'' 
has been made of any prior assessment or charge imposed certain pay. 
in respect to any such land on account of any common 
sewer of said system, an allowance shall be made for such 
payment, and the owner shall be assessed for the remainder 
only. Said sewer commissioners shall certify all assess- 
ments made under tliis section to the collector of taxes of « 
said city for collection . After receiving an assessment list, 
the collector shall fortliAvith send notice to each person 
assessed of the amount of his assessment, in like manner 
as notices of taxes are sent. 

Sectiox 4, Assessments made under the preceding Assessments 
section shall bear interest at the rate of four per cent per tionetCetl-r^'^' 
annum, from the thirtieth day after they become due until 
the}^ are paid, and the accruing interest shall be added to 
and be a part of such assessments. If the owner of land, 
within thirty days after notice of an assessment thereon, 
notifies in writing the assessors to a})portion the same, they 
shall apportion it into such number of equal parts, not 
exceeding fifteen, as the owner shall in said notice require. 
The assessors shall add one of said parts, with interest at 
the rate of four j)er cent per annum from the date of ap- 
portionment, to the annual tax of said land for each year 
next ensuing until all parts have so been added, unless 
sooner paid as hereinafter provided. Such assessments to constitute 
shall constitute a lien on the land, and such lien shall '»' ^i<^»' <^t<*- 
continue for two years after the assessments have been 
committed to the collector, or, if they are to be paid by 
instalments, for two j^ears after the last instalment has 
been committed to the collector, unless sooner paid. Any 
balance of said assessments remaining unpaid may be paid 
at any one time, notwithstanding a prior apportionment, 
but interest on such balance, at the rate of four per cent 
per annum, shall be paid to the date of such payment. 
Demand for the payment of assessments shall be made in collection of 
like manner as demands for the payment of taxes, and sales a^fessments, 
for the non-pajanent of assessments, and all proceedings 
connected therewith, shall be made upon the same notices 
thereof, and shall otherwise be conducted in the same 



338 Acts, 1904 — Chap. 384. 

manner as sales for non-paj^meut of taxes. All proceed- 
ings subsequent to such sales, relative to redemption, the 
purchase and holding of the land by the city, the interest 
to be paid in case of redemption, and otherwise, shall be 
ieftedby°an ^^^® Same as when land is sold for taxes. Assessments 
action of niay also be collected b^' an action of contract in the name 

contract. ^ i • i i •" i • /• i 

oi the City, brought within two years alter the same have 

become due and paj^able. 
ag|rie° ed may SECTION 5. Au}^ pei'sou aggrieved by an assessment 
?PP'yJ°^ '^ made under section three of this act may at any time within 

Jul V ) etc. *^ *■' 

three months after receiving notice thereof apply for a jury 
, to revise the same. Such api)lication shall be made in 

like manner and the proceedings thereon shall be the same 
as in the case of land taken for laying out highwa}' s ; but 
l)efore making his application the person making the same 
shall give fourteen days' notice in writing to said sewer 
commissioners of his intention so to do, and shall in such 
notice particularly specify his objection to the assessment, 
to which specification he shall be confined before the jury. 
The commissioners on receipt of eveiy such notice shall 
notify the collector of taxes. 
rortionof SECTION 6. One third of the cost of the sewers of said 

cost to be paid 

from^annuai systcui of scwcrs, excluding sewers built prior to the adop- 
tion of said system, and two thirds of the cost, after the 
passage of this act, of maintaining and repairing the sewers 
of said system of sewers, shall be paid, so far as may be, 
from annual charges for the use of said sewers, to be estab- 
lished and collected as hereinafter provided. 

to'be^jaMby^'^ SECTION 7. So iiiuch of the cost of laying, making, 

city- maintaining and repairing the sewers of said sjstem of 

sewers as is not obtained by the special assessments here- 
inbefore provided for and by the annual charges hereinafter 
provided for, and remains to be paid, shall be borne by 
said cit}^ and shall be raised by general taxation. 

Sewer commis- SECTION 8. Said scwer Commissioners shall establish 

sioners to i • i i i 

establish jngt and equitable annual charges, which they may change 

charges, etc. froiii time to tiiiic, to be paid for the use of the sewers of 
said system of sewers by every owner of an estate or other 
person who enters his particular sewer into the trunk sewer 
of said system or into any common sewer directly or indi- 
rectly connected with said trunk sewer ; but, in cases 
where said sewer commissioners shall deem it to be equita- 
CoUectiou of i^jg ^ discouut uiav be made by them. Such charo-es shall 
be collected semi-annually or annually, as said sewer com- 



Acts, 1901. — Chap. 384. 339 

missionors iiiuy dt'teriniiio,und to that end tho scwor com- 
iiiisyioners yhall stMui-uiiiiuall}' or miiiually certify the .same 
to the collector of taxes of said city. Upon receipt of a 
list of charaes the collector shall forthwith send notice to 
each })erson t-harii-cd, of the amount of his charges, in like 
manner as notices of taxes are sent. Such charges shall 
bear interest at a rate not exceeding six per cent per animm 
from the thirtieth day after they become due until they are 
paid. The accruing interest shall be added to and be a 
j)art of such charges. The charges shall constitute a lien to constitute 
on the real estate using the sewer, and the lien shall con- '^ ^•^°' '^'^''• 
tinue for two years after such charges are committed to 
the collector of taxes. Demand for the paj^ment of charges collection of 
shall be made in like manner as demands for the payment '■^''^^®^- 
of taxes, and sales for the non-payment of charges and all 
proceedings connected therewith shall be made upon the 
same notices thereof, and shall otherwise be conducted in 
the same manner as sales for non-payment of taxes. All 
proceedings subsecpient to such sales, relative to redemp- 
tion, the purchase and holding of the land by the city, the 
interest to be paid in case of redemption, and otherwise, 
shall be the same as when the land is sold for taxes. Such May^ecoi- 

. , lected Ijv an 

charo^es may also be collected by an action ot contract in M-tion of 
the name of the city, brought within two years after the 
same have become due and payable. Any person who is Persons 
aggrieved by an annual charge established as aforesaid pfition'^for""" 
may, within three months thereafter, file a petition in the ^^^^^'°^> ^^■• 
su})erior court for the county of Bristol asking for a revi- 
sion of the same ; and thereupon the case shall be heard 
by a single justice, and the annual charge established as 
aforesaid shall be modified or confirmed, and such decision 
shall be final and conclusive. 

Section 9. Section three of chapter two hundred and if», 2ii» §3, 

. etc., and § 4, 

nineteen of the acts of the year eighteen hundred and amended. 
ninety-five, as amended by chapter one hundred and sixty- 
foiu" of the acts of the year eighteen hundred and ninety- 
eight, is hereby further amended by striking out the words 
" city council ", in the last line of said section, and insert- 
ing in place thereof the words : — said commissioners, — 
and by striking out section four and inserting in place 
thereof the following : — Section 4. All contracts made contracts, etc. 
by said commissioners shall be made in the name of the 
city ; but no contracts shall be made or obligations incurred 
by the commissioners for any purpose in excess of the 



340 



Acts, 1904. — Chap. 385. 



Compensation 
of commis- 
sioners. 

Vacancy, etc. 



Repeal. 



Certain pro- 
visions of law 
to apply. 



When to take 
effect. 



amount appropriated by the city council therefor. The 
compensation of the commissioners shall be fixed by the city 
council. Any vacancy in said board of commissioners 
shall be filled by appointment made by the mayor, subject 
to confirmation or rejection by the board of aldermen. 
Said commissioners shall be subject to removal by the 
mayor for cause. 

Section 10. Chapters one hundred and fifty-four and 
tliree hundred and forty-two of the acts of the year eight- 
een hundred and ninety-eight are hereb}^ repealed. 

Section 11. The provisions of chapter forty-nine of 
the Revised Laws, and of chapter two hundred and nine- 
teen of the acts of the year eighteen hundred and ninety- 
five, and all acts in amendment thereof and in addition 
thereto, so far as applicable and not inconsistent with this 
act, shall apply in the carrying out of this act. 

Section 12. This act shall be submitted to the city 
council of the city within two months after its passage, and 
shall take efi'ect upon its acceptance by the city council 
with the approval of the mayor. 

Approved May 28, 1904. 



(JJiap.ijS5 '^^ ^^'"^ "^^ PROVIDE FOR TAXIXG LEASEHOLD ESTATES ON THE 

COIIMONWEALTH FLATS. 



Taxation of 
leasehold 
estates on the 
Common- 
wealth Flats. 



Be it enacted, etc. , as folloivs : 

Section 1. The lands of the Commonwealth, situate 
in that part of the city of Boston called South Boston 
and known as the Conmionwealth Flats, shall, if leased for 
business purposes, be taxed by the city of Boston to the 
lessees thereof, respectively, in the same manner as the 
lands and buildings thereon would be taxed to such lessees 
if they were the owners of the fee, except that the payment 
of the tax shall not be enforced by any lien upon or sale 
of the lands ; but a sale of the leasehold interest therein 
and of the buildings thereon maybe made by the collector 
of the city of Boston in the manner provided by law in 
case of non-payment of taxes for selling real estate, for 
the purpose of enforcing the payment of the taxes by such 
lessees to the city of Boston assessed under the provisions 
hereof. 

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

Approved May 28, 1904. 



Acts, 19(U. — Chaps. nS6, 387, 388. 341 



An Act to kstaulish the salauy ov the associate judge of QJi(ip,'S86 

LAND KEGISTHATION. 

Be it enacted, etc. , as foUoivs : 

Section 1 . The salary of the associate judge of land aSatlf judse 
reiristration shall he forty-five hundred dollars a year. of umd regis" 

O - , . 1 i> 1 tration. 

Section 2. So nuicli ot section t\velve ot chapter one Repeal. 
hundred and twenty-eight of the Eevised Laws as is incon- 
sistent herewith is hereby repealed. 

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

Approved May 31, 1904. 

Ax Act to pkovide additional clerical assistance for the ni^f.^-^ QQT 

REGISTER OF PROBATE AND INSOLVENCY FOR THE COUNTY OF 
MIDDLESEX. 

Be it enacted, etc., as follows : 

Section 1. The register of probate and insolvency for Register of 
the county of jSIiddlesex shall be allowed, in addition to iuToiveucy' 
the amount now authorized by law, a sum not exceeding coun\yfc^erical 
one thousand five hundred dollars a year for clerical assist- 
ance actually rendered, to be so allowed from the first day 
of January in the year nineteen hundred and four and to 
be paid from the treasury of the Commonwealth upon the 
certificate of the judge of probate and insolvency for said 
county. 

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

Approved May 31, 1904. 



assistance. 



An Act relative to printing and binding certain public CJlCip. 3SS 

DOCUMENTS. 

Be it enacted, etc., as follows: 

Section 1. Section seven of chapter nine of the Re- r. l. 9, §7, 
vised Laws is hereby amended by striking out lines one ""tended, 
hundred and twenty to one hundred and twenty-seven, 
inclusive, and inserting in place thereof the following : — 
Of the trustees of the Massachusetts Agricultural College, Report of 
thirty-five hundred copies, of which twenty-five hundred Agricultural 
copies shall be for the use of said college. Of that part printmg, etc. 
of said report relating to the Hatch experiment station, 
twenty-two thousand additional copies, of which fifteen 
thousand copies shall be bound with the report of the 



342 



Acts, 1904. — Chap. 389. 



statistics not 
to be printed 
in public doc- 
uments with- 
out approval 
of board of 
publication. 



secretary of the state board of agriculture and of which 
six thousand copies shall be for the use of the trustees. 

Section 2. Boards, commissions and heads of depart- 
ments having charge of preparing and printing documents 
relating to their various departments shall not incorporate 
therein any statistics unless the same shall be approved 
by the state board of pubUcation. 

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

Apjjroved May 31, 1904. 



Chap.SSQ An Act to revise the charter of the city of pittsfield. 
Be it enacted, etc., as follows: 



City of 
Pittsfield. 



Management 
of municipal 
affairs, etc. 



Seven wards. 



Meetings of 

qualified 

voters. 



Meetings of 
•lualifled 
voters may be 
held in adja- 
cent ward. 



INCORPORATION. 

Section 1. The inhabitants of the city of Pittsfield 
shall continue to be a body politic and corporate, under 
the name of the City of Pittsfield, and as such shall have, 
exercise and enjoy all the rights, powers, privileges and 
immunities and shall be subject to all the duties and obli- 
gations pertaining to and incumbent upon said cit}^ 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 affairs thereof shall be vested in a single 
officer, to be called the maj^or, 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 shall be vested in a school committee. 

Section 3. The territory of the city shall continue 
to be divided into seven wards, which shall retain their 
present boundaries until the same shall be changed under 
the general law re latino- thereto. 

Section 4. All meetings of the qualified voters of the 
city for the purpose of voting at elections and for other 
municipal and legal purposes shall be called by the board 
of aldermen, and the city clerk shall, under their direction, 
cause notice of such meetings to be printed in one or more 
newspapers published in the city and to bo conspicuously 
posted in the office of the city clerk. vSucli meetings shall 
be called at least seven days before the day prescribed for 
the holding thereof. 

Section 5. When no convenient Avardroom for hold- 
ing the meeting of the (jualified voters of a ward can be 
had within the territorial limits of such ward, the board 



Acts, 1904. — Chap. 389. 343 

of {ilcloniuMi may appoint and direct, in the call tbi- the 
iiieetiuii- of .such Avard, that the meeting be held in some 
convenient place within the limits of an adjacent ward of 
the cit}' ; and for such purpose the place so assigned shall 
be deemed to be a i)art of the ward for which the meeting 
or election is held. 

Section 6. Genei'al meetings of the inhabitants of the General meet- 
city may from time to time be held, according to the right inflahitants. 
secured to the people b}' the constitution of the Connnon- 
wealtli ; and such meetings may, and u])on the request in 
wi-iting of fifty qualified voters setting forth the purposes 
thereof shall, be called by the board of aldermen. 

Section 7. The fii-st municipal election after the ac- Municipal 
ceptance of this act shall be held on the third Tuesday in munir'ipa'r* 
December in the year in which it is accepted, and there- ^^'"'" 
after the municipal election shall be held annually on the 
first Tuesday in December and the municipal and fiscal 
year shall begin at ten o'clock in the forenoon on the first 
Monday in January and continue until ten o'clock in the 
forenoon on the first ]\Ionday in the following January. 

Section 8. At the municipal election the qualified Election of 

1 , n . . , * mayor, alder- 

voters m the several wards shall give in their votes men, etc. 
hy ballot for mayor, aldermen, members of the school 
committee, city clerk, city treasurer, collector of taxes, 
assessors and city auditor, 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 declared to be 
elected to such ofiice, 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. Each person so elected shall be Persons elected 
notified of his election in writing by the city clerk. *° benotine.i. 

ORGANIZATION. 

Section 9. On the first Monday in January at ten oatu of office 
o'clock in the forenoon, the mayor elect, aldermen and aMermen,"'^^^ 
aldermen elect shall meet and the mayor elect and alder- 
men elect shall be sworn to the faithful discharge of their 
duties. The oath may be administered by any justice of 
the peace, and a certificate that such oath has been taken 
shall be entered on the journal of the board of aldermen. 
At any time thereafter the oath may be administered, in 



etc 



344 Acts, 1904. — Chap. 389. 

the presence of the board of aldermen, to the mayor or to 
anj alderman absent from the meeting on the first Mon- 
ofToaMof''^ da}' in January, or not elected prior thereto. After the 
aldermen, etc. aldermen or a majority of them have been sworn, they 
shall assemble and elect from their number a president 
of the board in the manner })rovided in section seven of 
cha})ter twenty-six of the Revised Laws. The member 
having the hiohest nimiber of votes shall be deemed and 
declared to be elected. No other business shall be trans- 
acted by the aldermen until the president has been elected, 
bolrd^of akier- SECTION 10. The president of the board of aldermen 
men powers shall prcside at all meetino;s of the board. In case of his 
absence at any meeting a member of the board may be 
elected as aforesaid to serve as president pro tempore. 
Vacancy. j^^ ^^^^ ^^^ ^ vacancy in the office of president of the board, 
the vacancy shall be filled in the manner of the original 
election. 
ciLTkoTboarlf Section 11. The city clerk shall be clerk of the board 
of aldermen, gf aldcmien ; but in case of a vacancy in the office, or of 
the temporary absence or disability of the city clerk, the 
board of aldermen may elect a clerk pro tempore. The 
city clerk and such clerk pro tempore shall be duly sworn. 
The city clerk shall attend the sessions of the board of 
aldermen, shall keep a record of its proceedings, and shall 
perform such further service as the board of aldermen shall 
require. 

BOARD or ALDERMEN. 

eiectfoTtenns SECTION 12. The board of aldermen shall be composed 
etc. ' ' of seven aldermen at large, one from each ward, who shall 
be nominated and elected by and from the qualified voters 
of the city, and shall hold office for the term of one year 
from the first INlonda}^ in January next following their 
election ; and two aldermen from each ward to be elected 
as follows : — At the first municipal election following the 
acceptance of this act, two aldermen shall be elected by 
and from the qualified voters of each ward, who shall hold 
office, one for one year and one for two years from the 
first Monday in January following ; and at each nmnicipal 
election thereafter one alderman shall be elected by and 
from the qualified voters of each ward, who shall hold office 
for the two municipal years next following his election. 
The board of aldermen shall sit and act as one legislative 
bodv. 



Acts, 1904. — Chap. 389. 345 

Section lo . I f a vacancy in the office of a member of the vacancy. 
board of akk>rmen yhall occur more than one year previous 
to the expiration of his term of office, and such vacancy 
exists at the time nominations ma}^ be made for the fol- 
h)\ving municipal election, the board of aldermen shall 
declare a vacancy to exist and thereupon shall cause a new 
election to be held to fill the same at the time of such 
municipal election. The person so elected shall hold office 
for the unexpired term. 

Sectiox 14. If the full number of members of the Failure to 
board of aldermen shall fail to be elected, or if there be a 
vacancy in said board, the board of aldermen may declare 
a vacancy to exist and thereupon may cause a new elec- 
tion to be held to till the same. The person thus elected 
to fill a vacancy shall hold office for the remainder of the 
term. 

Section 15. No person shall be eligible for election as cenainper- 
an alderma)! from a ward who is not at the time of his eligible, etc. 
election a resident of the ward from which he is chosen, 
but his subsequent removal to another ward of the city 
shall not disqualify any such officer from performing the 
duties of his office. The members of the board shall serve To serve witu- 

.,, . ,. i. i.1 1. • i" • out compensa- 

without compensation, except that, in case oi a vacancy in tion, except, 
the office of mayor, the president of the board of aldermen ®^' 
shall be entitled to the salary of mayor while performing 
the duties of mayor. 

Section 16. The board of aldermen shall be the judge to be judge of 
of the election of its members, shall determine the rules its\iember8, 
of its proceedings, and may appoint such assistant clerks ^^' 
and other officers as may be necessary for the proper con- 
duct of its business. 

Section 17. The mayor may, and the city clerk at the special meet- 
written request of ten members of the board of aldermen onridemien. 
shall, call 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 
meeting, and no other business than that stated in the 
notice shall be transacted at such special meeting. 

Section 18. A majority of the whole number of mem- Quorum, 
bers provided to be elected shall constitute a quorum for 
the transaction of business, but a smaller number may 
adjourn from time to time. 



346 



Acts, 1904. — Chap. 389. 



Appropria- 
tions and 
loans. 



Ordinances, 
etc., may be 
passed at one 
session unless 
objection is 
made, etc. 



Private sit- 
tings of board 
of aldermen, 
etc. 



Members of 
board of alder- 
men not to 
hold other 
city otUce, etc. 



Powers and 
duties of board 
of aldermen. 



Section 1 9 . All votes of the board of aldermen making 
appropriations or authorizing loans of money shall be in 
itemized form, and when brought before the board of alder- 
men on recommendation of the mayor no item of the 
appropriation 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. 

Sectiox 20. 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 or more mem- 
bers object, action on the measure shall be postponed for 
at least one week ; and if Avhen 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 21. The board of aldermen ma}^ 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 sit- 
tings shall be public and all votes on election of officers 
and on confirmation of appointments shall be taken in 
public. 

Section 22. No person shall be eligible by appoint- 
ment or election by the mayor or by the board of aldermen 
to anv office of emolument the compensation of which is 
payable out of the city treasury, who at the time of such 
election or appointment is a member of the board of alder- 
men. Xo member of the board of aldermen shall act as 
counsel or attornc}- before the board of aldermen or any 
committee thereof. 

Section 23. Except as otherwise provided herein the 
board of aldermen shall in general have and exercise the 
legislative powers of towns and of the inhabitants thereof, 
and shall have all the powers and authorit}^ given to cit}'^ 
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 execu- 
tive, given to selectmen of towns and to the selectmen of 
the town of Pittsfield, or to the city council of the city of 
Pittsfield, under any special laws heretofore passed with 
reference to said town or city of Pittsfield and not incon- 
sistent herewith ; and except as herein otherAvise prodded 



Acts, 1004. — Chap. 389. 347 

.shiill have all the powers of the board of public works of 
the city of Pittsfield. 

Skctiox '24, The board of aldermen may from time to Additional 
time, subject to the lu-ovisions of this act and in accord- olih•es^;lay be 
ance Avith general laws, if they exist in any particular case, ^st^^^ushed, 
provide by ordinance for the establisliment of boards and 
offices in addition to those hereinafter named, for the con- 
struction and care of public works and buildings, for the 
direction and custody of public parks and for other nuuiici- 
pal purposes ; may determine the number and duties of the 
incumbents of such boards and offices, and for such pur- 
j)oses may delegate to such boards and offices the adminis- 
trative powers given to it by general or special laws or 
given by general laws to city councils and boards of alder- 
men. The board of aldermen may likewise from time to Boards and 
time consolidate boards and offices, and may separate and ronfoVdatedf 
divide the powers and duties of such as are or may here- ^^^' 
after be established, may increase the number of persons 
constituting any of the boards herein specified, and when 
such increase has been made may subsequently diminish 
the number, may increase or diminish the numljer of per- 
sons wdio shall perform the duties of an office or board 
hereafter established as hereinbefore provided, and may 
abolish an office or board hereafter established. 

Section 25. The board of aldermen shall have power Board of 
within the city to make and estal^lish ordinances and by- makeordi'""^ 
laws and to affix thereto penalties as herein and by general "m"x p^emliues, 
law provided without the sanction of any court or justice ^^*'- 
thereof. Ordinances, unless they contain an express pro- 
vision for a later date, shall take effect at the time of 
their ai)proval by the mayor, or, if a jienalty for their 
violation is provided, at the expiration of thirty days from 
the day of such approval. All fines and forfeitures for the 
breach of an ordinance shall be paid into the city treasury. 
Complaint for the breach of an ordinance may be made by 
any resident of the city. All existing ordinances of the certain exist- 
city not inconsistent wdth the provisions of this act shall t""contimieTa 
continue in force until amended or repealed . *"^^'*^' *^^' 

Section 26. The board of aldermen shall appropriate Appropria- 
annually the amount necessary to meet the cxpcnditiu"es 
of the city for the current municipal year, and such ap- 
propriations shall not be increased except by a vote of 
two thirds of the board voting by yeas and nays. Any 
appropriation made by the board of aldermen for the erec- 



tions. 



348 



Acts, 1904 — Chap. 389. 



Laying out, 
etc.", of sti-eets 
and ways. 



No public 
franchise, etc. 
to be granted 
except by a 
majority vote, 
etc. 



Mayor, elec- 
tion, term, 
etc. 



Failure to 
elect or 
vacancy in 
office of mayor, 
etc. 



Who shall act 
in case of 
vacancy, etc. 



tion of a city hall or for the purchase of land therefor, 
shall be subject to ratitieation by the legal voters of the 
city, voting in their respective wards or precincts at an 
annual municipal election. 

Section 27. The board of aldermen, subject to the 
approval of the ma^'or, shall have exclusive power to 
order the laving out, locating anew or discontinuing of, 
or making specific repairs in, all streets and ways within 
the limits of the city, and to assess the damages sustained 
thereby. Any person aggrieved by the action of the 
board of aldermen hereunder shall have all the rights and 
})rivileges now by law in similar cases allow^ed in appeals 
from decisions of selectmen. 

Sectiox 28. No public franchise, nor any right in, 
under or over any public street or way shall be granted 
except by a majority vote of all the members of the board, 
and every order and permit gTanting such franchise or 
right shall before its final passage lie on the table in the 
board of aldermen for at least one week after its first 
introduction in that body. 

Section 29. The mayor shall be elected by and from 
the qualified voters of the city, and shall hold ofiice for 
the nuinicipal year next following his election and until his 
successor is elected and (jualified, except that when elected 
to fill a vacanc}^ he shall hold office only for the unexpired 
term and until his successor is elected and qualified. 

Section 30. In case of a vacancy in the ofiice of mayor 
occurring more than six months previous to the expira- 
tion of the term, or if no mayor be elected at the annual 
municipal election, the board of aldermen shall order an 
election for a mayor to serve during the unexpired term, 
or if the vacancy occurs within the last six months of the 
term, the board of aldermen ma}^ order such election. If 
such vacancy occurs in the last six months of the term, and 
no mayor is elected, the president of the board of alder- 
men shall become acting mayor for the unexpired term, 
with all the duties, rights and powers of mayor. When- 
ever, by reason of sickness, absence from the city or other 
cause, the maj'or shall be unable to attend to the duties 
of his office, or, if the office is vacant, pending an election 
as afin-esaid, the president of the board of aldermen shall, 
under the style of acting mayor, exercise the powers and 
perform the duties of mayor, except that he shall not, 
unless authorized thereto in a special instance by the 



Acts, 1*H)4. — Chap. 389. 349 

board of aldermen, make any permanent appointment or 
removal from otKee ; nor shall be, imle.ss the disability of 
the mayor has eontinued at least nine days, or unless the 
otfiee of mayor has become vacant, have power to a})prove 
or disapprove any ordinance, order, resolution or vote of 
the board of aldermen. 

Section 31. The mayor shall be the chief executive Mayor to be 
officer of the city, and the executive powers of the city, officer,''eto!'*^^° 
except as otherwise provided herein, shall be vested in 
him and shall be exercised by him, either personally or 
tlirough the several officers and boards in their resi)ective 
departments under his o-eneral supervision and control. 

Section o2. The mayor shall communicate to the Mayor to 
])oard of aldermen such information and reconunend such H'rl^aTmeL- 
measures as in his judgment the interests of the city shall JIJ"^^^ t^'^tJe'^ 
require; shall cause the laws, ordinances and orders for enforced, etc. 
the government of the city to lie enforced, and shall secure 
an honest, efficient and economical conduct of the execu- 
tive and administrative business of the city, and the har- 
monious and concerted action of the administrative and 
executive departments . 

Section 33. Every ordinance, order, resolution or certain ordi- 
vote of the board of aldermen, except those relating to "oixn^ewnW 
matters of procedure or to the election of officers shall be approvai/etl-. 
presented to the mayor by the clerk of the board wdthin 
twenty-four hours after its passage, Sundaj'S and legal 
holidays excepted. If the mayor approves it he shall 
sign it, and it shall then be in force ; if he disapproves it, 
he shall return it, with his objections in writing, to the 
board, which shall enter such ol)jections at large on its 
records and again consider it ; and if tw^o thirds of the 
memljers present and voting pass it, notwithstanding such 
objections, it shall be in force ; but in all cases the vote 
shall be by yeas and nays. Such ordinance, order, reso- 
lution or vote shall be in force if it is not returned by the 
mayor within ten days after it has been presented to him. 

Section 34. The mayor shall cause to be kept a record f^^^f^^.^^^g_ ^^ 
of all his official acts, and for that purpose and to aid him {^Jf^j*'^^^^? ^^ 
in his official duties he may, with the confirmation of the 
board of aldermen, appoint one or more clerks whose com- 
pensation shall be fixed by the board. 

Section 35. The mayor shall cause to be made to him Estimates of 
in the month of January of each year by the heads of ^^vensas.- 
departments, and by all other officers and boards having 



350 



Acts, 1904 — Chap. 389. 



Detailed state- 
ments of 
reeeipts and 
expenditures, 
etc., to be 
made and 
published. 



Mayor may 
cause books 
and accounts 
of depart- 
ments, etc., to 
be examined. 



Administra- 
tive officers. 



authority to expend money, detailed estimates of the 
amounts deemed bj them to be necessaiy for their re- 
spective departments for the financial year ; and he shall, 
not later than the first Monday in March, transmit such 
estimates to the board of aldermen, recommending such 
appropriations for each department or purpose as he shall 
deem necessary therefor. 

Section 36. The mayor shall annually require all 
boards and officers intrusted with the receipt and ex- 
penditure of public money and with the care and custody 
of public property to make particular and detailed state- 
ments thereof, and shall cause such statements to be pub- 
lished for the information of the citizens. 

Section 37. The mayor may at any time appoint a 
suitable person or persons to examine, without notice, the 
books and accounts of any department, officer or employee 
of the city. 

ADMINISTRATIVE OFFICERS. 

Section 38. There shall be the following administra- 
tive officers, Avho shall perform the duties by law prescribed 
for them respectively, and such further duties not incon- 
sistent with the nature of their respective offices and with 
general laws as the l)oard of aldermen may prescribe. 
First. A city treasurer. 
Second. A collector of taxes. 
Third. A city clerk. 

A city auditor. 
A city solicitor. 
A city physician. 

A board of assessors, to consist of three 



Fourth. 
Fifth. 
Sixth. 
Seventh 
persons. 
Eighth. 
Ninth. 
Tenth. 



Assessors, 
election, terms, 
etc. 



A commissioner of public works. 
A superintendent of the poor. 
A board of health, to consist of three mem- 
bers ; one member at least of such board to be a doctor 
of medicine. 

Section 39. At the first municipal election held under 
this act one assessor shall be elected to serve for the three 
municipal years, one for the two municipal years and one 
for the municipal year next ensuing, and thereafter one 
assessor shall be elected at each municipal election to serve 
for the three municipal years next ensuing and until his 
successor is elected and qualified. At the first municipal 



Acts, 190A. — Chap. 389. 351 

election held under this act, there .shall be elected a city city clerk, 
clerk and a cit}' treasurer to serve for the term of three ri»iuor'':m<i 
years, a collector of taxes to serve for the term of two taxes,%''.'tiyn, 
years, and a city auditor to serve for the term of one year, t'^'i"i«- ftc 
from the lirst Monday in ]Marcli next ensuing ; and there- 
after such of these officers Avhose term of office shall ex- 
pire on the fii'st Monday of the following March, shall be 
elected at each munit'i})al election to serve for the three 
years next ensuing, after the expiration of such term. 
The term of office of all such officers shall begin on the 
first Monday in March next after their election and they 
shall continue in office until the election and qualification 
of their successors unless sooner removed by due process 
of law. Vacancies in such offices shall be filled by ap- vacancies. 
})()intment of the mayor, except as hereinafter provided, 
the officers so appointed to continue in office until the 
beginning of the next municipal year, or until the vacancy 
is filled at an election as hereinafter provided. If a vacancy 
in any such office shall occur prior to the time nominations 
may be made for the following municipal election, or any 
special election held for the election of mayor or a member 
of the board of aldermen, as herein provided, the board of 
aldermen shall declare a vacancy to exist and thereupon 
shall cause a new election to be held to fill the same at 
the time of such municipal or special election. The per- 
son so elected shall at once be sworn and shall enter upon 
the duties of the office, and shall hold the office for the 
unexpired term. 

Section 40. The mayor shall appoint in January of Members of 
each year one member of the board of health to serve for iieaith, ap. 
the term of three years from the first Monday in March p''^'^*™^'^*' 
next ensuing and until his successor is appointed. The 
present members of the board of health of the city shall, 
unless sooner removed, continue to hold office for the 
terms for which they were severally elected. 

Sectiox 41. The mavor, in Januarv of each year, shall city solicitor 

> ' . " . ;' ' , ana coniniis- 

appomt, subject to the confirmation or reiection ot the sionerofpub. 

. . . . . lie works ap- 

l)oard of aldermen, a city solicitor, and a commissioner of pointment, etc. 
public works, each to serve for the term of one year from 
the first ]\londay in March next ensuing or until his suc- 
cessor is appointed. 

Section 42. The mayor, in January after the first f^tPof'^jf^'^" 
municipal election held under this act, and in January in poor, appoint- 
every third year thereafter, shall appoint, suljject to the 



352 



Acts, 1904.— Chap. 889. 



Nominations 
by mayor. 



Board of 
aldermen to 
vote on nomi- 
nations within 
one week, etc. 



Certain officers 
to be appointed 
by mayor, etc. 



Removal of 
certain 

administrative 
officers. 



confirmation or rejection of the board of aldermen, a super- 
intendent of the poor, to serve for tiie term of tln-ee years 
from the first Monday in March next ensuing or until his 
successor is appointed. The superintendent of the poor 
shall have the powers and perform the duties of overseers 
of the poor. 

Section 43. When an appointment is to be made by 
the mayor subject to confirmation or rejection by the board 
of aldermen, if the person nominated is rejected, the ma3^or 
may once renew such nomination ; and if the nomination 
is rejected again, he shall thereafter make another and dif- 
ferent nomination, and if the second person so nominated 
is rejected, he shall thereafter make another and different 
nomination ; and if the third person is also rejected, the 
nominee who has received the largest number of votes for 
confirmation by the board of aldermen shall be deemed to 
be appointed to such office, and thereupon shall be sworn 
and shall enter upon the duties of such office as though 
confirmed by a majority of the board of aldermen. No 
nomination by the mayor as herein provided shall be made 
for the same office within one week of a prior nomination 
for the same office. 

Within one week after any nomination is so made the 
board of aldermen shall vote thereon, and if the board fails 
so to do, or if there be no votes in the affirmative in any 
case, then the person first so nominated, or, if two or more 
persons receive the same and largest number of votes for 
confirmation, the person first nominated receiving such 
vote shall be deemed to be appointed to such office and 
thereupon shall be sworn and shall enter upon the duties 
of the office as though confirmed by a majority of the board 
of aldermen. 

Section 44. It shall be the dut}^ of the mayor to ap- 
point in January of each municipal year all the officers for 
whose appointment or election no provision is otherwise 
made herein, and all those for whom provision shall here- 
after be made as herein1)efore provided, and their terms of 
ofiice shall begin on the first Monday in March and shall 
continue for one year or for such other period as the board 
of aldermen shall by ordinance in any case provide. Every 
administrative officer shall, unless sooner removed, hold 
office until his successor is ap})ointed and (lualified. 

Section 45. Any administrative officer elected by the 
qualified voters of the city, may be removed by the maj^or, 



Acts, 1904. — Chap. 389. 353 

with the coiu'uiTonce of the board of alderincii, after hear- 
ing, for cause in their opinion sutfic-icnt. 

Section 46. Any administrative officer appointed by Romovaiof 
the mayor except the officers and members of the police admhi'lstrative 
force and the officers and members of the tire de})artment o""'^''"'*- 
may be removed by the mayor upon cliarges in writing 
preferred against him, after a public hearing thereon, at 
which hearing the officer may api)ear and be represented 
by counsel and witnesses may be heard and examined. 
After such hearing if it ap})ears to the mayor that the 
public service requires thi^ removal of such officer he shall 
file an order therefor in the office of the city clerk, stating 
the grounds for removal, and a copy thereof shall be served 
upon the officer removed, either personally or at his last 
or usual place of residence, and the removal shall take 
etiect upon the filing of such order with the city clerk. 
The city clerk shall keep such order on file and subject to 
public inspection. 

Sectiox 47. The mayor may summon witnesses to witnesses may 
attend and testify and produce books and papers at any i^^summoned, 
hearing before him for the removal of any officer whom 
by law he may remove ; and such witnesses shall be sum- 
moned in the same manner, be paid the same fees and be 
subject to the same penalties for default as witnesses before 
a police, district or municipal court. The mayor may 
administer oaths to witnesses at such hearings. 

Section 48. The several administrative boards and Epipioyment. 

. . . ot labor, 

officers havinsr charg-e of deimrtments shall, -within their making of 

coiitr'icts etc 

respective departments, employ all labor, make and exe- 
cute 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, insti- 
tutions, 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. 

Section 49. The administrative boards and officers Appointment, 
specified in section thirty-eight, and every admin isti'ative of subordinate 
board and officer hereafter established by the board of °^\*^"'' '■^^'■'''• 
aldermen and having charge of a department, shall have 
the power except as otherwise provided herein, to appoint 
and employ and to discharge and remove all subordinate 



354 Acts, 1904. — Chap. 389. 

officers, clerks and assistants in their respective depart- 
ments ; and they shall keep a record, open to public inspec- 
tion, of all persons so appointed and employed and of all 
discharged and removed, and, in case of discharge and 
removal, of the grounds therefor. 
S;rtaln^nfOT■-^^ SECTION 50. Evcr}^ administrative board, through its 
recuest'^^°° chairman, and every officer having charge of a department, 
shall, at the request of the board of aldermen, appear before 
it and give such information as it may require, in relation 
to any matter, act or tiling connected with the discharge 
of the duties of such board or office : and when requested 
to appear the officer who appears shall have the right to 
speak upon all matters under consideration relating to his 
department. 
Administrative SECTION 51. All administrative officers shall be sworn 

oflicers to i)e 

sworn, etc. to thc faithful discharge of their respective duties, and cer- 
tificates 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 pul)lic inspection. 

Certain officers SECTION 52. TIic Iward of aldcrmcn shall require the 

to give bonils, i 

etc. city treasurer, collector of taxes, the city auditor, the 

superintendent of poor, and such other officers as are 
intrusted with the receipt, care or disbursement of money 
to give bonds with such security as it shall deem proper, 
for the faithful discharge of their respective duties, 
of'pubuc^^^'^^ Section 53. The commissioner of public works shall 
"*^'oj^8, powers havc the powers of a surveyor of highways and of a tree 

and duties. ^ h i i n i i 

warden of a town, and shall be the general superintendent 
of the water works, sewers and other public works, and 
shall have such other powers and duties as the board of 
aldermen may by ordinance determine. 
andr^^afr*^(?f Section 54. The comiulssioner of public works shall 
sidewaiiis, etc. have authority to determine the width and material, includ- 
ing the curbstone, of all sidewalks on the public streets 
and ways of the city, having due reference to the estab- 
lished gTades of said streets and ways ; and to construct, 
reconstruct and repair such sidewalks, in accordance with 
such determination. Upon the completion of any sidewalk 
by said commissioner, or upon the completion of the re- 
construction or repair of any sidewalk, said commissioner 
shall ascertain, determine and certify to the assessors of 
taxes the whole expense of such making, reconstruction or 
repair. If in the opinion of the assessors of taxes any land 



Acts, 1904. — Chap. 389. 355 

reoeivos a bonolit or advantage tlierefroni beyond the gen- Assessment of 
eral advantage to all land in the cit}^ the assessors shall ^\^;^*'^""'^»t**' 
determine the value of such benefit or advantage to such 
land, and assess upon tlie same, unless it be b}' law exempt 
from taxation, a i)r()portional share of the cost of such 
making, reconstruction <)rre})air, whether such laud abuts 
upon such sidewalks or not ; but no such assessment shall 
exceed one half the amount of such adjudged benefit or 
advantage. The assessors shall have the auth'ority given Diimages. 
by law to the selectmen or road commissioners of towns to 
adjudicate upon the question of damages sustained by an 
owner of land adjoining such sidewalk, by reason of the 
construction, reconstruction or repair thereof. 

Sectiox 55. All assessments so made by said assessors Assessments 
shall constitute a lien on the real estate assessed, for two neu^ete!*"**^ '^ 
years from the time of the assessment, and for one year 
after the final determination of any suit or proceeding in 
which the amount or validity of such assessment shall be 
drawn in question. Every such assessment shall be re- 
corded in books to be kept for that purpose, and a list 
thereof shall be committed by the assessors for collection 
to the collector of taxes. The collector shall forthwith collection of 
publish said list once each week for tlii'ee successive weeks etc. 
in some newspaper published in the city, and shall, on or 
before the day of last publication thereof, demand pay- 
ment of the same of the owner or occujiant of the land 
assessed, if known to him and within his precinct. If any 
such assessment shall not be paid within three months 
from the last publication of said list he shall levy the 
same, with incidental costs and expenses, by sale of the 
land, such sales to be conducted in the same manner as 
sales of land for non-payment of taxes ; and in making 
such sales the collector, the city and its officers, shall have 
all the powers and privileges conferred by the general 
laws of the Commonwealth upon collectors of taxes, and 
upon cities and towns and their officers, relating to sales 
of land for the non-payment of taxes. 

Section 56. Every assessment made by the assessors Reassessments 
which is invalid by reason of any error or irregularity in "nVertain"*^'' 
the assessment, and which has not been paid, or which has *^''ses, etc. 
been recovered back, or which has been enforced by an 
invalid sale, may be reassessed by the assessors for the 
time being, to the just amount for which and upon the 
land upon which such assessment ought at first to have 



356 Acts, 1904 — Chap. 389. 



-? 



been assessed : and the assessment thus reassessed shall 
be payable, and shall be collected and enforced, in the 
same manner as other assessments. 



FINANCIAL TRANSACTIONS AND DUTIES OF THE AUDITOR. 

i^nfjtTOUei^for Section 57. The auditor, in addition to performing- 
city, etr. such other duties as may be prescribed by law and the 
ordinances of the board of aldermen, shall be comptroller 
for the city. The auditor shall once in every two weeks 
cause a list of all claims and payments which have been 
presented to hhii during that time for audit to be printed 
and numbered, showing the dates and amounts of claims 
I or payments, the natm-e thereof, and the persons to whom 
payments have been made or are to be made, and co})ies 
thereof shall be distributed to the mayor, to each member 
of the board of aldermen, to the head of each department 
and to every taxpayer making demand therefor. He shall 
make monthly statements in writing to the mayor and the 
board of aldermen of the financial transactions in his oiEce 
in such detail as the board of aldermen may require. A 
list of all bonds issued by the city shall be kept in the 
auditor's office and shall be open to the inspection of any 
citizen, and all bonds paid by the treasurer shall be pre- 
sented to the auditor for cancellation. The auditor shall 
keep an account between the city and the treasurer and he 
shall procure monthly from the banks in which the city's 
• funds are deposited a certified statement of the city treas- 
urer's balance, and he shall examine the treasurer's book 
accounts and ascertain as to their correctness, and report 
To publish on the same monthly to the board of aldermen. The 
finaScon- auditor shall on or before the first Monday in March in 
dtj% etc! ^'^'^ each year publish in book or pamphlet form, verified by 
his oath or affirmation, a full and accurate statement of 
the financial condition of the city, showing the amounts 
of receipts and expenditures since the last annual report, 
the sources from which the funds have been derived, and 
for what purposes they were expended. Such pul)lication 
shall be accompanied by a statement in detail in separate 
columns showing the several funds belonging to the city, 
the amounts drawn on each fund and its present condition ; 
and showing also the several funded debts and temporaiy 
loans of the city, when the same are payable, and the rate 
of interest of each ; and the auditor shall file a copy of 



Acts, 19(U. — Chap. 389. 357 

every such statonunit in the ollicc of the city clerk. Th(^, 
auditor shall permit no nioiiey to be drawn or expended 
for which there is no appropriation or which is in excess 
of any appropriation. 

Section ")8. All purchases and contracts in behalf of I'lu-cuascs an.i 

. '■ contracts. 

the City sliall be made ui)on or accompanied l)y orders 
sio-ned by the officer in authority in the department for 
which the purchase or contract is made and by the auditor, 
and if any purchase or contract involves an amount ex- 
ceeding- one hundred dollars, tluMi said order or contract 
shall also be signed by the mayor. 

Section 59. No administrative board or officer shall Requisitions, 

ortiGrs etc. 

make purchases or contract any indebtedness in behalf of 
the city, except on re(|uisitions draAvn upon the auditor. 
p]ach department shall have books of such requisition 
blanks, made in duplicate and numbered consecutively, 
the original to remain in the department book and the 
duplicate to be transmitted to the city auditor. The 
auditor, upon receipt of said requisitions, shall draw 
the orders upon blanks provided therefor; said blanks to 
be bound in book form, made in duplicate, num1)ered 
consecutively and bearing the requisition number thereon. 
Both the order and requisition shall state the department 
from which they issue, the ap})r()priation to which the 
expenditure is to be charged, the person or persons from 
whom the purchase is to be made, the item or items 
wanted, amount and price of each, terms and cash dis- 
counts. The original order shall remain in the auditor's 
office and the duplicate shall be transmitted to the person 
or persons upon whom it is draw^n, signed by the officer 
in authority in the department for which the purchase is 
made and by the auditor or mayor, or both, as herein- 
before required. No warrant for the payment of orders 
shall be drawn by the auditor unless the original order 
and duplicate requisition therefor are on file in the auditor's 
office, previously filled out and signed as above required, 
except that no requisition shall be required for the pay- 
ment of officers' salaries, interest, promissory notes, bonded 
indebtedness, judgments and state aid. 

Section 60. No sum appropriated for a specific pur- sums appro- 
pose shall be expended frjr any other pur})ose, and no ex- specmcimr'^ 
penditure shall be made and no liability incurred by or in ^xplnded"or 
behalf of the citv until the board of aldermen has dulv "ny other 

1 ; . ,^, . , . ' purpose, etc. 

voted an appropriation sumcient to meet such expenditure 



358 



Acts, 1904. — Chap. 389. 



or liabilit}', together Avith all prior liabilities which are 
payable therefrom, except that after the expiration of the 
financial year and Ijefore the making of the regular annual 
appropriations liabilities payable out of a regular appro- 
priation may be incurred to an amount not exceeding one 
fourth of the total of the appropriation made for similar 
purposes in the preceding year. 



SCHOOL COMMITTEE. 



School commit 
tee, election, 
terms, etc. 



Vacancy, etc. 



Section fil. The school committee shall consist of the 
mayor, ex officio, who shall be chairman of the board, and 
fourteen other persons, inhabitants of the city, of whom 
two shall be elected by ballot from each ward by the 
qualified voters in the ward. The present members of the 
school committee of the city shall continue to hold office 
for the terms for which the}^ were severally elected, and 
at each municipal election hereafter held there shall l)e 
chosen members to hold the office for the term of three 
years, as successors of and from the same wards as those 
whose term of office expires at the expiration of that 
municipal year. Any vacancy occurring in said com- 
mittee may be filled for the remainder of the municipal 
year by the joint ballot of the board of aldermen and the 
school committee in convention ; and for the unexpired 
term thereafter shall be filled at the first municipal elec- 
tion after such vacancy occurs. The members of the 
committee shall serve without compensation. The com- 
mittee shall annually elect one of their number as chair- 
To appoint one man, to serve in the absence of the mayor. The committee 
attend meet- shall annually appoint one of their number to attend the 
meetings of the board of aldermen, and he shall be entitled 
to a seat Avith the board of aldermen and shall have the 
right to discuss all matters relating to the school commit- 
tee, but without the right to vote. He shall be notified 
in the same manner as members of the lioard of aldermen 
To appoint a of all Special meetings of said board. Said committee 
lupCTTnte'udent sliall annually appoint a secretary, one of their number, 
of schools, etc. ^^,j^Q shall 1)6 under their direction and control. They 
shall annually appoint, but not of their own number, a 
superintendent of schools. The eoinmittee shall fix the 
salaries of such secretary and superintendent and may re- 
move them for sufficient cause. 



ings of board 
of aldermen, 
etc. 



Acts, 1904. — Chap. 389. 359 



POLICE DEPARTMENT. 

Section ()2. The mayor .shall a})point, .subject to the Police 
confirinatioii or rejection of the board of aldermen, a city '^'^i"*'''^'"^"^- 
marshal or chief of police, and such number of other police 
otKrcrs and constables as the board of aldermen shall deter- 
mine. Tlu^ chief of police and all other police otKcer.s shall 
hold ofhce during good behavior and until removed by 
the mayor, with the concurrence of the board of aldermen, 
after hearing, for cause in their opinion sufficient. The 
board of aldermen may require any person who may be 
appointed a chief of police or constable to give bonds, with 
such security and to such an amount as it may deem 
reasonable and proper, for the faithful discharge of the 
duties of the office, upon which bond like proceedings and 
remedies nmy be had as are by law provided in case of 
constables' bonds taken by the selectmen of towns. The 
compen.sation of the police and other .subordinate officers 
shall be fixed by ordinance. 



fire department. 

Section n.3. The board of aldermen may establish a Fire 
fire department, to consist of a chief engineer and of as ^^^'i'-'^''^'"*'"*- 
many assistant engineers, enginemen, hosemen, hook and 
ladder men and assistants as the board of aldermen by 
ordinance .shall from time to time prescribe ; and the board 
shall liave authority to fix the time of their appointment, 
to define their duties, and in General to make such reofula- 
tions concerning the pay, conduct and government of such 
department, the management of fires and the conduct of 
persons attending fires, as it may deem ex})edient, and 
may fix such penalties for violation of any such regulations 
as are provided for the breach of the ordinances of the 
city. The mayor shall appoint subject to the confirma- 
tion or rejection of the board of aldermen all the officers 
and members of such department. 

Section 64. The officers and members of the fii-e Terms of 
department shall hold office during good behavior and *'^^*^'^' 
until removed by the mayor, with the concurrence of the 
board of aldermen, after hearing, for cause in their opinion 
sufficient. 



360 



Acts, 1904. — Chap. 889. 



Firewards, 

appointment, 

etc. 



Board or com- 
mission may 
1)6 appointed, 
etc. 



Section 65. The engineers so appointed shall bo the 
fireAvards of the city, but the mayor and aldermen may 
appoint additional firewards. The compensation of the 
officers and members of the department shall be fixed by 
ordinance. The powers and duties herein conferred and 
imposed upon the mayor and aldermen in relation to the 
establishment and maintenance of a fire department may, 
if the board of aldermen so determine, be exercised and 
carried into effect wholly or in part through the agency 
of a board or commission which it may from time to 
time designate, and with such limitations of power as the 
board of aldermen may by ordinance direct. The mem- 
bers of any such board or commission shall serve without 
compensation , 



Certain officers 
to meet with 
ma^-or 
monthly, etc. 



Offices to 
become vacant 
in certain 
cases. 



Compensation 
of city officers 
to be estab- 
lished by 
ordinance, etc. 



Certain per- 
sons to hold 
office until 
organization 
of city govern- 
ment, etc. 



Certain per- 
sons to con- 
tinue in office, 
etc. 



GENERAL PROVISIONS. 

Section GC). The several administrative officers and 
the chairmen of the several boards shall meet together with 
the mayor once in each month for consultation upon the 
affairs of the cit3^ The mayor shall preside at such meet- 
ings and such officers shall, whenever called upon by the 
mayor, furnish such information relative to their respective 
departments as he may require. 

Section 67. Any office established by or under this 
act shall become vacant if the incumbent thereof ceases to 
be a resident of the city or shall be convicted of a crime 
punishable by imprisonment. 

Section ()S. The l)oard of aldermen shall estal>lish by 
ordinance the salary or compensation of all city officers, 
but after the first municipal year no ordinance changing 
any such salary or compensation shall take effect until the 
municipal year succeeding that in which the ordinance is 
passed. 

Section 69. All persons holding office in the city at 
the time when this act takes effect and becomes of force 
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 respec- 
tive successors shall l)e chosen and qualified or until the 
officer or board succeeding to their duties shall be chosen 
and qualified. Officers and memlxTS of the police and fire 
departments at the time when this act takes effect shall 
continue to hold their respective offices notwithstanding 
the acceptance of this act, but subject to its provisions. 



Acts, 1904. — CirAP. 889. 361 

Section 70. All general laws in force in the city of ,?ou^Ju'iJ'in ^ ^"^ 
Pittsfield, and all special laws heretofore ])assed with ref- for««- 
erence to the t'ity and to the town of Pittsfield and in force 
in the city at the time of the j)assaire of this act shall, until 
altered, amended or repealed, continue in force in the 
city of Pittsfield, so far as the same are not inconsistent 
herewith. 

Section 71. All special laws heretofore passed con- certain special 
cernino- the fire district in the town of Pittsfield and in t'lnue in force, 
force in the city at the time of the passage of this act, so ^ 
tar as the same are not inconsistent herewith, shall con- 
tinue in force in the city of Pittsfield until altered, amended 
or repealed. 

Section 72. The provisions of this act so far as the^^ Tobecon. 
are the same as those of chapter three hundred and two continuance of 
of the acts of the year eighteen hundred and ninety-five " >•>-. et- 
shall be construed as a continuance of the provisions of 
said chapter, and the provisions of said chapter not con- 
tained herein and of all other acts and parts of acts incon- 
sistent herewith are hereby repealed : jjrovided, that such Provisos. 
repeal shall not revive a law heretofore repealed or super- 
seded, nor an ofHce heretofore abolished ; and provided, 
that such repeal shall not affect any act done, ratified or 
confirmed, or any right accrued or established, or any 
action, suit or proceeding commenced or had in a civil case, 
before the repeal takes effect ; or any liability, penalty or 
forfeiture incurred. 

Section 73. The question of the acceptance of this act ,^"|^"aSc^*to 
shall be submitted to the qualified voters of the city of 'je submitted to 

voters cit 

Pittsfield at the annual state election in the present year, annual state 
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 fiir 
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 four, entitled " An Act to revise 
the charter of the city of Pittsfield ", be accepted ? and the 
aiErmative votes of a majority voting thereon shall be re- 
quired for its acceptance. If so accepted so much thereof g^gct'^ *° ^'''^^ 
as relates to elections hereunder shall apply to the annual 
municipal election which shall be held on the third Tuesday 
in December in the year nineteen hundred and four, and 
this act shall take full effect on the first ^Monday in January 
next ensuing. . 



362 



Acts, 1904. — Chap. 390. 



If not accepted 
to be sub- 
mitted again at aiinual 
annual state 
election in the 
year 1905, etc. 



Wlien to take 
efiect. 



Section 74. If this act should not ])e accepted at said 
state election it shall l)e submitted again in like 
manner to said voters at the annual state election in the 
year nineteen hundred and five. If then accepted, so 
much thereof as relates to elections hereunder shall apply 
to the annual municipal election which shall be held on the 
third Tuesday in December in the year nineteen hundred 
and five, and this act shall take full effect on the first 
Monday in January next ensuing. 

Section 75. So much of this act as authorizes its sub- 
mission to the legal voters of the city shall take effect 
upon its passage, but it shall not take further effect unless 
accepted as herein prescribed. Approved May 31, 1904. 



Tiie Roman 
Catholic 
Bishop of Fall 
River incorpo- 
rated. 



Vacancy, etc. 



Chap. S90 An Act to incorporate the roman catholic bishop of fall 

RIVER AND HIS SUCCESSORS A CORPORATION SOLE, TO HOLD 
AND MANAGE CERTAIN PROPERTY FOR RELIGIOUS AND CHARI- 
TABLE PURPOSES. 

Be it enacted, etc. , as folloivs : 

Section 1. The present Roman Catholic bishop of the 
diocese of Fall River and his successors in office are hereljy 
made a body politic and corporation sole, under the name 
of the Roman Catholic Bishop of Fall River, and by that 
name the said bishop and his successors in office shall be 
known, and shall hereafter have succession, with all the 
powers, rights and privileges conferred, and subject to all 
the liabilities and limitations im})osed, by the Revised 
Laws. In the event of a vacancy in the office of bishop, 
owing to the death of an incumbent, or in case any bishop 
in said office becomes incapacitated from performing his 
duties therein, then the person regularly appointed ad- 
ministrator of said diocese shall, while his appointment as 
such administrator continues, have the powers and perform 
the duties conferred or imposed by this act upon the 
Roman Catholic bisho}) of said diocese ; but no person shall 
succeed to, or have, enjoy or administer any of the rights, 
privileges, powers or franchises herein granted or provided 
for, who is not a citizen of the United States of America. 

Section 2. The said corporation is empowered to take, 
by sale, gift, lease, devise or otherwise, and to hold, real 
and personal estate of every description, for religious, 
charitable and burial purposes, and to manage and dispose 
of the same for the reliuious and charitable purposes of the 



Successors, 
etc., to be 
citizens of the 
United States. 



May take and 
hold real and 
personal 
estate, etc. 



Acts, 1904. — Chap. 390. 363 

Roman Catholic churcli, suhject to the laws of the Coiii- 
nionwealth and to the terms of any trust set forth in any 
bequest, devise, deed or conveyance of any such estate, or 
which may now exist or result by implication or force of 
law, with such limitations as niay l)y law govern any such 
trust, with full jiower, subject to the laws of the Common- 
wealth and to the terms of such trusts, to convey such 
estate l)y deed of mortgage for the payment of money as 
well as by deed absolute : provided, that no bequest. Proviso. 
devise, gift or transfer inter vivos intended to take effect 
after death, made to such corporation in trust, for any use 
or pur})ose, shall be exempt from liability to collateral 
inheritance tax under the laws of this Commonwealth, 
unless such bequest, devise, gift or transfer would be so 
exempt if made to the said bishop as an individual and not 
as a corporation upon the said trust. 

Sectiox 3. The])resent Roman Catholic bishoii of Fall statement to 

-r,. 1 11 • 1 • • 1 !• 1 ,• 1 • he suljinitted 

River shall, withm six months alter the passage ot this act, tocommis- 
make, sign and swear to a statement which he shall submit corijorations. 
to the commissioner of corporations, setting forth that he 
lawfully and regularly holds the office of Roman Catholic 
bishop of Fall River, and that he accepts the provisions 
of this act and will duly conform to them. If it appears 
that the statement has been duly made, signed and sworn 
to, the commissioner shall certify that fact and his approval 
of the statement l\v his endorsement thereon. Such state- to be flied 
ment shall thereupon l)e filed by the person making the of the com-^'^' 
same, in the office of the secretary of the Commonwealth, etc.'^'*^'^'^^'^'^' 
who shall cause the statement, with the endorsement 
thereon, to be recorded, and shall thereupon issue a cer- 
tificate to the person making the statement, reciting this 
act, the substance of the statement aforesaid, and that said 
Roman Catholic bishop of Fall River and his successors 
are legally estaldished as an existing corporation under 
the name of the Roman Catholic Bishop of Fall River, with 
the powers, rights and privileges, and subject to the limi- 
tations, duties and restrictions Avhich l)y law appertain 
thereto. The secretary shall sign the same and cause the 
seal of the Commonwealth t(^ be thereto affixed, and such 
certificate shall be conclusive evidence of the existence of 
such corporation. He shall also cause a record of such 
certificate to be made, and a certified copy of such record 
may l>e given in evidence, with like eflect as the original 
certificate. 



364 



Acts, 1904 — Chap. 391. 



Every suc- 
ceseor, etc., to 
file statement 
with secretary 
of the Com- 
monwealth, 
etc. 



To be subject 
to certain pro- 
Yisions of law. 



Section 4. Every successor in the office of bishop of 
Fall River, and every person duly appointed to administer 
the office for any cause, shall forthwith make, sign and 
swear to a statement, which he shall immediately file in 
the office of the secretary of the Commonwealth, setting 
forth that he is a citizen of the United States, that at the 
time of making such statement he lawfully and regularly 
held the office of Inshop of Fall River, or the office of ad- 
ministrator of the diocese thereof, as the case may l)e, and 
that he has accepted said office and has entered upon the 
duties thereof; and, in addition thereto, he shall submit 
to the secretary of the Commonwealth his letter of ap- 
pointment in evidence of his l)eing bishop. 

Section 5. The corporation shall be subject to all laws 
of this Commonwealth regulating corporations estalilished 
for religious and charitable purposes, requiring them to 
make annual and other returns to the commissioner of cor- 
porations concerning their condition and affairs. 

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

Approved June 1, 1904. 



(77ift79.391 ^^ ^CT TO PROVIDE FOR THE ABOLITION OF THE RAILROAD GRADE 
CROSSING AT ESSEX STREET IN WARD TWENTV-FIVE OF THE CITY 
OF BOSTON. 



The Cam- 
Vtridge bridge 
commiesiou to 
construct a 
new bridge, 
etc. 



Construction. 



Be it enacted, etc., as foUoivs : 

Section 1. The Cambridge bridge commission, ap- 
pointed under the provisions of chapter four hundred and 
sixty-seven of the acts of the year eighteen hundred and 
ninety-eight, shall al)olish the grade crossing of Essex 
street and the Boston and Albany railroad in ward twenty- 
five of the city of Boston by building a new bridge, to be 
known as the Brookline Street bridge, over the tracks of 
the railroad and Charles river, substantially upon the site 
of Essex street in Boston, Brookline street in the cit}^ of 
Caml)ridge, and of the present l)ridge, and ma3% during 
the construction of the new bridge and approaches, main- 
tain the present bridge, or make and maintain a temporary 
liridge, for the use of persons and vehicles. No compen- 
sation shall be required for the occupation of any lands or 
flats of the Connnonwealth, or for an}^ displacement of tide 
Avater, in carrying out the above provisions. The new 
bridge may be without a draw and shall be of a height 



Acts, 19(U. — Chap. 391. 365 

al)Ovo the river and of a width of central span not less than 
shall be approved by the board of harbor and land eoniniis- 
sioners, and of a height above the railroad tracks not less 
than that a})proved by the board of railroad commissioners. 

Section- 2. The new bridge and its approaches, from to be laid out 
ommonwealth avenue m Ijoston to (xranite street m (. am- etc. 
bridge, shall be laid out as a highway of such width not 
exceeding seventy feet and of such grade as shall be des- 
ignated l)y the commission in its certificate filed in the 
registry of deeds in Boston and in the registry of deeds in 
Cambridge, shall l)e suitable for ordinary travel and for 
street railway use, and the Boston Elevated Railway Com- The Boston 
pany shall have a location and may construct, maintain and way compjiny 
use such surface railway tracks therein, subject to the pro- iocatioD%tc. 
visions of law now or hereafter in force relating to said 
company. 

Section 3. The commission shall detine the limits of ete°^of"^'^*'^°' 
the api^roaches on the Cambrido-e side, and the city of approaches ou 

^f T./.i'i • • • Cambiidge 

Cambridge may lay out, and, ii so laid out, its city engi- side. 
neer acting for the city shall construct, said approaches, 
and the city shall pay the expenses of such construction 
and the damages to property caused by the laying out, 
widening and construction of said approaches. 

Section 4. The filing of the certificate aforesaid shall ^tc^^'bSe 
constitute the lavino' out of the bridw and ai)proaches on andapproaches 

1 T-» • 1 ' 1 • 1 11 • • L' *^^ Boston 

the Boston side as a highway, and the city engineer ot side. 
Boston acting for the city shall construct the same, and the 
city shall pay all the expenses of carrying out the provi- 
sions of this act except the expenses to be paid by the city 
of Caml^ridge as aforesaid ; and there shall be paid to the certain 
city of Boston b}^ the Boston and Albany Railroa