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

ACTS 



RESOLVES 



PASSED BY THE 



€tmul (3(0ttrt j)| gHaJiJiaxhtts^tts, 



IN THE TEAR 



1905, 

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. 

1905. 



A CONSTITUTION 



FORM OP GOYERNMElSrT 



Commantocaltlj oi glassacl^itsdts. 



PREAMBLE. 

The end of the institution, maintenance, and administra- objects of 
tion of government, is to secure the existence of the body s^'^ernment. 
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 itTuftm-e!'*' 
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 aftbrding us, in the course 
of His providence, an opportunity, deliberately and peace- 



CONSTITUTIOX OF THE 

abl}^ without fraud, violence, or surprise, of entering into 
an original, explicit, and solemn compact with each other ; 
and of forming a new constitution of civil government, 
for ourselves and posterity ; and devoutly imploring His 
direction in so interesting a design, do agree upon, ordain, 
and establish, the following Declaration of Rights, and 
Frame of Government, as the Coxstitutiox of the Com- 
monwealth or Massachusetts. 



Equality and 
natural rights 
of all men. 



Right and duty 
of public relig- 
iouK worship. 
Protection 
therein. 
2 Cush. 104. 
12 Allen, 129. 



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 seeldng and 
ol)taining 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 distm-b the 
public peace, or obstruct others in their religious worship. 

III. [As the happiness of a people, and the good order 
and preservation of civil government, essentially depend 
upon 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 piet}^, religion, and morality ; Therefore, 
to promote their happiness, and to secm'e 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 legislatm-e shall, 
from time to time, authorize and require, the several towns, 
parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision, at their own expense, 
for the institution of the public worship of God, and for 



COMMONWEALTH OF MASSACHUSETTS. 5 

the support and maintenance of public Protestant teachers 
of piety, rehgion, and morality, in all cases where such 
provision shall not be made voluntarily. 

And the people of this commonwealth have also a right auemianc^e^°'° 
to, and do, invest their legislature with authority to enjoin thereon. 
upon all the subjects an attendance upon the instructions 
of the public teachers aforesaid, at stated times and sea- 
sons, if there be any on whose instructions they can con- 
scientiously and conveniently attend. 

Provided, notwithstanding, that the several towns, par- Exclusive right 
ishes, precincts, and other bodies politic, or religious socie- °ou8*teache'iV^' 
ties, shall, at all times, have the exclusive right of electing secured. 
their public teachers, and of contracting with them for 
their support and maintenance. 

And all moneys paid by the subject to the support of ^^^omparochiai 
public worship, and of the public teachers aforesaid, shall, ^^^fi^^y^l^gg® 
if he require it, be uniformly a]>plied 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 ma}^ 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 Cln-istians, demeaning them- ah denomina- 
selves peaceably, and as good subjects of the commonwealth, protected! ^ 
shall be equally under the protection of the law : and no luborcunation 
subordination of any one sect or denomination to another anotiferpVV-*' 
shall ever be established by law.] hibited. 

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

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

V. All power residing originally in the people, and ^/auTiife^Jre^ 
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. Xo man, nor corporation, or association of men, services ren. 
have any other title to ol)taiu advantages, or particular pf,biic\')emg 
and exclusive privileges, distinct from those of the com- p'^ci?iiar prlvi*" 
munity, than what arises from the consideration of scr- Jeges heredi- 

./ ' , , tary ofhces 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 (j'ush. 327. 
14 Gray, 155. 
16 Gray, 417, 
431. 



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



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

VII. Government is instituted for the common good ; 
for the protection, safety, prosperity, and happiness of the 
people ; and not for the profit, honor, or private interest 
of any one man, family, or class of men : Therefore the 
people alone 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. 

Vin. In order to p^'event 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 b}^ 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 
public uses, without his own consent, or that of the repre- 
sentative body of the people. In fine, the people of this 
commonwealth are not controllable by any other laws 
than those to which their constitutional representative 
body have given their consent. And whenever the pub- 
lic exigencies require that the property of any individual 
should be appropriated to public uses, he shall receive a 
reasonable compensation therefor. 

1 Allen, 150. 103 Mass. 120, 624. 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 ought to find 
a certain remedy, by having recourse to the laws, for all 
injuries or wrongs which he may receive in his person, 
})roperty, or character. He ought to obtain right and 



COMMONWEALTH OF MASSACHUSETTS. 7 

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

XII. No subject shall be held to answer for any crimes Prosecutions 
or offence, until the same is fully and plainly, substantially 8**pick. 2V1. 
and formally, described to him ; or be compelled to accuse, is pick'. 434. 
or furnish evidence against himself. And every subject ^^'it^iig^' 
shall have a right to produce all proofs that may be favor- J^(^.a^,'^j^^^- 
able to him ; to meet the witnesses against him face to face, & Gray', leo. 
and to be fully heard in his defence by himself, or his 10 Gray, n! 
counsel, at his election. And no subject shall be arrested, 2 Aii'en.'sei." 
imprisoned, despoiled, or deprived of his property, immu- 2lof264°4l9^~ 
nities, or privileges, put out of the protection of the law, i2\i,en no 
exiled, or deprived of his life, liberty, or estate, but by the 97 Mass.Vo, 
judgment of his peers, or the law of the land. lo'oMass. 287, 

107 Mass. 172, 180. 118 Mass. 413, 451. 122 Mass. 332. 127 Mass. 550, 554. lOs'Mass. 418. 

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

And the leg-islature shall not make any law that shall Right to tnai 

® . 1 . ^ . 1 "Y jury in 

subiect any i^erson to a capital or infamous punishment, crimiuai cases, 

, , except etc 

exceptino- for the o-overnment of the army and navy, with- 8 Gray, 3-29, 373. 

, ^ . 1 , . ° ^ "^ 103 Mass. 418. 

out trial by jury. 

XIII. In criminal prosecutions, the verification of facts, crimes to be 
in the vicinity where they happen, is one of the great- vidnity!" ^'^^ 
est securities of the life, liberty, and property of the 121 M'^ass^ei 62. 
citizen . 

Xiy. Every subiect has a rio-ht to be secure from all Rigw of search 

J J _ o ^ _ and seizure 

unreasonable searches, and seizures, of his person, his regulated. 

1 1 • 1 11 1 • • * n . Const, of IT. 8., 

houses, his papers, and all his possessions. All warrants, Ameud'tiv. 
therefore, are contraiy to this right, if the cause or founda- 5Cush.36'9. 
tion of them be not previously supported by oath or affir- l3*G^riy,^454. 
mation, and if the order in the warrant to a civil officer, to jTOMass ^Te 
make search in suspected places, or to arrest one or more 1^9 

^ f ', 126 Mass. 269, 

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

XV. In all controversies concerning property, and in Right to trial 
all suits between two or more persons, except in (;ases in escept^te!'^^'*' 
which it has heretofore been otherways used and practised, Amend°t vil"' 
the parties have a right to a trial by jury ; and this method ^ Pjck. 3S2. 
of procedure shall be held sacred, unless, in causes arising 5 Gray, 144. 

+11-1 A 1 1 . X • , ^ 8 Gray. 373. 

on the high seas, and such as relate to mariners Avages, 11 Alien, 574, 
the legislature shall hereafter find it necessary to alter it. io2"Mass. 45,47. 

114 Mass. 388, 390. 122 Mass. 505, 516. 125 ISfass. 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 otRce. 



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- 
rit}^ of freedom in a state : it ought not, therefore, to be 
restrained in this commonwealth. 

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

XVIII. A frequent recurrence to the fundamental 
principles of the constitution, and a constant adherence 
to those of piety, justice, moderation, temperance, indus- 
try, and frugality, are absolutely necessary to preserve the 
advantages of liberty, and to maintain a free government. 
The people ought, consequently, to have a particular atten- 
tion to all those principles, in the choice of their officers 
and representatives : and they have a right to requu*e of 
their lawo-ivers and ma^'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 b}^ the 
legislature, or by authority derived from it, to be exer- 
cised in such particular cases only as the legislature shall 
expressly provide for. 

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

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

XXIII. No subsidy, charge, tax, impost, or duties 
ought to be established, fixed, laid, or levied, under any 
pretext whatsoever, wdthout the consent of the people or 
their representatives in the legislature. 



COMMONWEALTH OF MASSACHUSETTS. 9 

XXIV. Laws made to punish for actions done before ex post facto 

■^^-^^^ ' • j-^ivT. j^ 1 , . 1 1 ; 1 1 laws prohibited. 

the existence of such laws, and which have not been de- i2AUen,42i, 
clared crimes by preceding hiws, are unjust, oppressive, " ' " ' 
and inconsistent with the fundamental principles of a free 
government. 

XXV. Xo subiect ought, in any case, or in any time, Legislature not 

-^*"'^ ' • -i- ■■ v-" >- >- -^j O ' /• 1 1 j-1 1 • to convict of 

to be declared guilty of treason or lelony by the legis- treason, etc. 

lature. hi 

XXVI. Xo magistrate or court of law shall demand trfZ^,lxT 
excessive bail or sureties, impose excessive fines, or inflict Zl^^T^f 
cruel or unusual punishments. 5 Gray, 482. nibited. 

XXVII In time of peace, no soldier ought to be quar- No soldier to be 

-^ i , , /• ii 1 quartered in any 

tered in any house without the consent ot the owner ; ana house, unless, 
in time of war, such quarters ought not to be made but ^^''• 
by the civil magistrate, in a manner ordained by the legis- 
lature . 

XXVIII. Xo person can in any case be subject to law- Citjzens^esempt 
martial, or to any penalties or pains, by virtue of that law, tiai, unless, etc. 
except those employed in the army or navy, and except 

the militia in actual service, but by authority of the legis- 
lature. 

XXIX. It is essential to the preservation of the rights judges of su- 

,,,.,,.-,, J; . IT. preme judicial 

of every individual, his life, liberty, property, and charac- court. 
ter, that there be an impartial interpretation of the laws, f Gray, 472. 
and administration of justice. It is the right of every ^^uen, 591. 
citizen to be tried by judges as free, impartial, and inde- "^^-^^ 
pendent as the lot of humanity will admit. It is, therefore. Tenure of their 
not only the best policy, but for the security of the rights ° 
of the people, and of every citizen, that the judges of the 
supreme judicial court should hold their offices as long as 
they behave themselves well ; and that they should have 
honorable salaries ascertained and established by standing salaries. 

laws . 

XXX. In the o-overnment of this commonwealth, the separation of 

'^ ^ , 11 • xi i-' executive, judi 

legislative department shall never exercise tlie executive ciai, and legis- 
aiid judicial powers, or either of them : the executive shall ments' ^J'"' " 
never exercise the leo-islative and judicial powers, or either 2 Ato,', aw. 
of them : the judicial shall never exercise the legislative ^00^.182^ ' 
and executive powers, or either of them: to the end it 2s<3.^^^^ ^47, 
may be a government of laws and not of men. 249. 

116 xMass. 317. 129 Mass. 559. 



10 



CONSTITUTIOX OF THE 



Title of body 
politic. 



PART THE SECOND. 

The Frame of Government. 

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



CHAPTEE I. 



Legislative' 
department. 



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



Governor's 

veto. 

99 Mass. 636. 



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



THE LEGISLATIVE POWER. 

Section I. 

Tlie 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 AVednesday 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. 

11. No bill or resolve of the senate or house of repre- 
sentatives shall become a law, and have force as such, until 
it shall have been laid before the governor for his revisal ; 
and if he, upon such revision, approve thereof, he shall 
signify his approbation by signing the same. But if he 
have an}' objection to the passing of such bill or resolve, he 
shall return the same, together with his objections thereto, 
in Avriting, to the senate or house of representatives, in 
whichsoever the same shall have originated ; who shall 
enter the objections sent down b}^ 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 ol>jections, be sent to the other 
branch of the legislature, where it shall also be reconsid- 
ered, and if approved by two-thirds of the members pres- 
ent, shall have the force of a law : but in all such cases, 



COMMONWEALTH OF MASSACHUSETTS. 11 

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

And in order to prevent unnecessary delays, if any bill in case of ad- 
or resolve shall not be returned by the governor within the'gel3erai° 
five days after it shall have been presented, the same shall the five da>^e, 
have the force of a law. 3 Mass. 567. meuTrArt.i. 

III. The general court shall forever have full power General court 
and authority to erect and constitute judicatories and j^dlcatorie's" ^ 
courts of record, or other courts, to be held in the name o?dretc°* ''"'' 
of the commonwealth, for the hearing, trying, and deter- jo^ray^iiT 
mining of all manner of crimes, olfences, pleas, processes, isi- 
plaints, actions, matters, causes, and things, whatsoever, 

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

•> . ^ .,' c _ may administer 

granted fidl power and authority, from time to time, to oaths. 
administer oaths or atfirmations, for the better discovery 
of truth in any matter in controversy or depe-nding before 
them. 

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

1 J 1 J i 1 • 1 1 J ■<• J • / may enact laws, 

given and granted to the said general court, trom time to etc. 
time to make, ordain, and establish, all manner of whole- 4 Alien', /ts". 
some and reasonable orders, laws, statutes, and ordinances, H^-"^^^^^'-^^' 
directions and instructions, either with penalties or with- 100 Mass. 544, 
out; so as the same be not repuo-nant or contrary to this 110 Mass. 46-, 

A o «/ 470. 

constitution, as they shall judge to be for the good and may enact 
welfare of this commonwealth, and -for the government repugnlntto' 
and ordering thereof, and of the subjects of the same, and g^Xiien^^lg"""" 
for the necessar}" 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'^appofu'tmeut 
within the said commonwealth, the election and consti- ns^Massf'eo^. 
tution of whom arc not hereafter in this form of govern- 
ment otherwise provided for ; and to set forth the several their dutfeB'"'^^ 
duties, powers, and limits, of the several civil and military 
officers of this commonwealth, and the forms of such 
oaths or affirmations as shall be respectively administered 
unto them for the execution of their several offices and 
places, so as the same be not repugnant or contrary to 



12 



CONSTITUTION OF THE 



General court 
may impose 
taxes, etc. 
12 Mass. 252. 

5 AUen, 428. 

6 Allen, 558. 

8 Allen, 247, 253. 
10 Allen, 2.35. 
n Alien, 268. 
12 Allen, 77, 223, 
235, 238, 240, 
298, 300, 312, 
313, 500, 612. 
98 Mass. 19. 

100 Mass. 285. 

101 Mass. 575, 

lOs'wass. 267. 
114 Mass. 388, 
391. 

116 Mass. 461. 
118 Mass. 3S6, 
389. 

123 Mass. 493, 
495. 

127 Mass. 413. 
may impose 
taxes, etc., to be 
disposed of for 
defence, protec- 
tion, etc. 
8 Allen, 247, 256. 
Valuation of 
estates once in 
ten years, at 
least, while, etc. 
8 Allen, 247. 
126 Mass. 547. 



this constitution ; and to impose and lev}^ proportional 
and reasonable assessments, rates, and taxes, upon all the 
inhabitants of, and persons resident, and estates Ij'ing, 
within the said commonwealth ; and also to impose and 
levy reasonable duties and excises upon any produce, 
goods, wares, merchandise, and commodities, whatsoever, 
brought into, produced, manufactured, or being within 
the same ; to be issued and dis})osed of liy warrant, under 
the hand of the governor of this commonwealth for the 
time being, with the advice and consent of the council, 
for the public service, in the necessary defence and sup- 
port of the government of the said commonwealth, and 
the protection and preservation of the subjects thereof, 
accordino' to such acts as are or shall be in force within 
the same. 

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

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



CHAPTER I 



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



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



Section II. 

Senate. 

Article I. [There shall be annually elected, by the 
freeholders and other inhabitants of this commonwealth, 
(jualified as in this constitution is provided, forty persons 
to be councillors and senators for the ^^ear ensuing their 
election ; to be chosen by the inhabitants of the districts 
into which the commonwealth may, from time to time, be 
divided by the general court for that pm-pose : and the 
general court, in assigning the numbers to be elected by 
the respective districts, shall govern themselves by the pro- 
portion of the public taxes paid by the said districts ; and 
timely make known to the inhabitants of the common- 
wealth the limits of each district, and the number of coun- 
cillors and senators to be chosen therein ; provided, that 
the number of such districts shall never be less than thir- 



COMMONWEALTH OF MASSACHUSETTS. 13 

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

And the several counties in this commonwealth shall, di^trictT u^ntn 
until the general court shall determine it necessary to etc. 
alter the said districts, be districts for the choice of coun- 
cillors and senators, (except that the counties of Dukes 
County' and Nantucket shall form one district for that pur- 
pose) and shall elect the following number for councillors 
and senators, viz. : — Suflblk, six ; Essex, six ; Middlesex, 
five ; Hampshu'c, fom' ; Plymouth, tlu-ee ; Barnstable, one ; 
Bristol, three ; York, two ; Dukes County and Nantucket, 
one ; Worcester, five ; Cumberland, one ; Lincoln, one ; 
Berkshu'e, two.] 

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

o time of choosing 

ui'e ; and the senators shall be chosen in the following man- senators and 
ner, viz. : there shall be a meeting on the [fii-st Monday in amendmentri, 
April,] annually, forever, of the inhabitants of each town xv!' as''" 
in the several counties of this commonwealth ; to be called ameudmeifts, 
by the selectmen, and warned in due course of law, at ^^'■^;,jY/^^g ^^ ^^ 
least seven days before the Tfirst Monday in April,! for qualifications of 

ji . L. -J 1 voters, eiiper- 

the purpose ot electino- persons to be senators and coun- scded by amend- 

• o i- ^ ^ Tneut8 Arts 

cillors ; [and at such meetings every male inhabitant of iii., xx., 
twenty-one j^ears of age and upwards, having a freehold xxx^.^x'xxi. 
estate within the commonwealth, of the annual income of word^'iiihabi- 
three pounds, or any estate of the value of sixty pounds, •g'*ee*aig*^(ff^*end 
shall have a right to give in his vote for the senators for 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'^Gi^y, 21.' 
tant" in this constitution, every person shall be considered 122 Mass. 095, 
as an inhabitant, for the purpose of electing and being- 
elected into 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 n • 1 /• preside at town 

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



14 



COXSTITUTIOX OF THE 



Time cVianged 
to first Wednes- 
da5' of January. 
See amend- 
ments, Art. X. 



Inhabitants of 
unincorporated 
plantations, 
who pay state 
taxes, may vote. 



Plantation 
meetings. 
Time of elec- 
tion clianged by 
amendments, 
Art. XV. 
Assessors to 
notifj', etc. 



Governor and 
council to ex- 
amine and count 
votes, and issue 
summoiii^es. 
Time cliaiiged 
to first Wednes- 
day in January 
by amendments, 
Art. X. 
.Majority 
changed to 
plurality by 
amendments, 
Art. XIV. 



Senate to be 
final judge of 
elections, etc., 



of the contents thereof, and delivered by the town clerk 
of such towns, to the sheriff of the county in which such 
town lies, thirty days at least before [the last Wednes- 
day in iNIay] annually ; or it shall be delivered into the 
secretary's office seventeen days at least before the said 
[last Wednesday in ^lay :] 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 jNIay.] 

And the inhabitants of plantations unincorporated, 
qualified as this constitution provides, who are or shall 
be empowered and required to assess taxes upon them- 
selves toward the support of government, shall have 
the same privilege of voting for councillors and senators 
in the plantations where they reside, as town inhabitants 
have in their respective toAvns ; and the plantation meet- 
ings for that purpose shall be held annually [on the same 
first Monday in April] , at such place in the plantations, 
respectively, as the assessors thereof shall direct ; which 
assessors shall have like authority for notifying the elec- 
tors, collecting and returning the votes, as the selectmen 
and town clerks have in their several towns, b}' this con- 
stitution. And all other persons living in places unincor- 
porated (qualified as aforesaid) who shall be assessed to 
the support of government by the assessors of an adjacent 
town, shall have the privilege of giving in their votes for 
councillors and senators in the "town where they shall be 
assessed, and be notified of the place of meeting by the 
selectmen of the town where they shall be assessed, for 
that purpose, accordingly. 

III. And that there may be a due convention of sena- 
tors on the [last Wednesday in j\Iay] annually, the gov- 
ernor with five of the council, for the time being, shall, 
as soon as may be, examine the returned copies of such 
records ; and fourteen days before the said day he shall 
issue his summons to such persons as shall appear to be 
chosen by [a majority of] voters, to attend on that day, 
and take their seats accordingly : provided, nevertheless, 
that for the fu'st year the said returned copies shall be 
examined by the president and five of the council of the 
former constitution of government ; and the said president 
shall, in like manner, issue his summons to the persons 
so elected, that they may take their seats as aforesaid. 

IV. The senate shall be the final judge of the elec- 
tions, returns and qualifications of their own members, as 



COMMONWEALTH OF MASSACHUSETTS. 15 

pointed out in the constitution; and shall, [on the said ^^,'f "'^^ '^®™- 
last AVednesday in Mavl annually, determine and declare Time changed 
who are elected by each district to be senators [by a day of January 
majority of votes; and in case there shall not appear to nfentsf Art. x. 
be the full number of senators returned elected b}^ a ^lauged to 
majority of votes for any district, the deficiency shall be ^^endmenL 
supplied in the following manner, viz. : The members of Ait.xiv. 
the house of representatives, and such senators as shall 
be declared elected, shall take the names of such persons 
as shall be found to have the highest number of votes 
in such district, and not elected, amounting to twice the 
number of senators wanting, if there be so many voted 
for ; and out of these shall elect by ballot a number of Jj^^^""®®' ^°^ 
senators sufficient to fill up the vacancies in such district; changed to 
and in this manner all such vacancies shall be filled up in pe'oVie^ ^^ 
every district of the commonwealth ; and in like manner naent™ Art. 
all vacancies in the senate, arising by death, removal out ^'^^^^^^• 
of the state, or otherwise, shall be supplied as soon as ma}^ 
be, after such vacancies shall happen.] 

V. Provided, nevertheless, that no person shall be Qualifications 
capable of being elected as a senator, [who is not seised Property quaii- 
in his own right of a freehold, within this commonwealth, fsS" ''^°'' 
of the value of three hiuidrcd pounds at least, or possessed m«it™Art 
of personal estate to the value of six hundred pounds at J^^l- ^ 

1 <• 1 1 /'I 1-11-^"'' further pro- 

least, or ot both to the amount ot the same sum, andj who vision as to 
has not been an inhabitant of this commonwealth for the also amend-*' 
space of five years immediately preceding his election, and, xxn.' ^^^' 
at the time of his election, he shall be an inhabitant in the 
district for which he shall be chosen. 

VI. The senate shall have power to adjourn themselves. Senate not to 
provided such adjommments do not exceed two da3^s at a thluTwoXj^s. 
time. 

VII. The senate shall choose its own president, ap- sh.^i choose 

^ 11 . . ^ !/•*** ofhcers and 

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

1 . rules. 

proceedings. 

VIII. The senate shall be a court with full authority . siiaii try aii 
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 eveiy 

impeachment the members of the senate shall respectively 

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

charge in qi»<\stion, 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 



IG 



CONSTITUTION OF THE 



Quorum. See 
amendments, 
Arts. XXII. 
and XXXIII. 



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

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



CHAPTER I 



Representation 
of the people. 



Repreeenta- 
tives, by whom 
chosen. 

Superseded by 
amendments, 
j\rt8.XIl. and 
XIII., which 
were also 
superseded by 
amendments, 
Art. XXI. 
7 Mass. 523. 



Proviso as to 
towns having 
less than 150 
ratable polls. 



Towns liable to 
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 Hejyresentatives . 

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

II. [And in order to provide for a representation of 
the citizens of this commonwealth, founded upon the prin- 
ciple of equality, every corporate town containing one 
hundred and fifty ratable polls may elect one represents 
ative ; every corporate town containing thi'ee 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 twentj^-five ratable 
polls the mean increasing number for every additional 
representative. 

Provided, nevertheless, that each town now incorporated, 
not having one hundred and fifty ratal^le polls, may elect 
one representative ; but no place shall hereafter be incor- 
porated with the privilege of electing a representative, 
unless there are within the same one hundred and fifty 
ratable polls.] 

And the house of representatives shall have power from 
time to time to impose fines upon such towns as shall 
neglect to choose and return members to the same, agree- 
ably to this constitution. 

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

III. Eveiy meml^cr of the house of representatives 
shall be chosen by written votes ; [and, for one year at 



COMMONWEALTH OF MASSACHUSETTS. 17 

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

.,,/. 11 ? .■■.,. • 1 J. r r as to reeideiice. 

itant 01, and have been seised m his own right oi a tree- seeamend- 
liold of the value of one hundred pounds within the town xxT'^^^' 
he shall be chosen to represent, or any ratable estate to ficatio^fJaiH!i^' 
the value of two hundred pounds ; and he shall cease to i^hed by amend- 

• Ti 1. . 1 ments, Art. 

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

IV. [Every male person, beino- twenty-one years of Qjiaiiflcations 

L -^ . A .,~ .•^,.*^ of a voter. 

age, and resident m anv particular town m this common- Tiiesepro- 

^ , , 1 /. , 1 {>" , T 1 • visions eiiper- 

wealth tor the space ot one year next preceding, having a seded by 
freehold estate within the said town of the annual income A^fg^'iTL^xx., 
of three pounds, or any estate of the value of sixtj pounds, xxP^xxxi 
shall have a rioht to vote in the choice of a representative andxxxii. 

p ^ bee also amend- 

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

V. [The members of the house of representatives shall was annulled by 
be chosen annually in the month of May, ten days at least ^^vfsenta 
before the last Wedncsdav of that month.] tives.when 

-^ chosen. 

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

Art. XV. 

VI. The house of representatives shall be the grand House aione 

1, 111' 1 "^^ impeach. 

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

VII. All money bills shall orio-inate in the house of House to origi- 

•^ c nate all money 

representatives ; but the senate may propose or conciu* bius. 
Avith amendments, as on other bills. 

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

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

L ^ . "^ f -\ • • amendments, 

representatives shall constitute a fiuorum for doing busi- Arts. xxi. and 

^ -, 1 O XXXIII. 

ness.] 

X. The house of representatives shall be the iudije of To judge of 

^ rcturus etc. of 

the returns, elections, and qualifications of its own mem- itsowu'mem- 
bers, as pointed out in the constitution ; shall choose their its ofiicersand^ 
own speaker : appoint their own officers, and settle the rules,' et!;!** 
rules and orders of proceeding in their own house. Thej^ May punish 
shall have authority to punish by imprisonment every o'ffencef.'" 
person, not a member, who shall be guilty of disrespect i-i tJray, 226. 
to the house, by any disorderly or contemptuous behavior 
in its presence; or who, in the town where the general 
court is .sittinc:, and durino- the time of its sitting, shall 
threaten harm to the body or estate of an}" of its nieml^ers, 
for any thing said or done in the house ; or who shall 
assault any of them therefor ; or who shall assault, or 
arrest, any witness, or other i)erson, ordered to attend the 



18 



CONSTITUTION OF THE 



Privileges of 
members. 



Senate. 
Governor and 
council may 
punish. 

General limita- 
tion. 
14 Gray, 226. 



Trial may be by 
committee, or 
otherwise. 



house, in his way in going or returning; or who shall 
rescue an}' person arrested b}' the order of the house. 

And no member of the house of representatives shall 
be arrested, or held to bail on mesne process, dviring 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 
authority to punish in like cases : provided, that no impris- 
onment on the warrant or order of the governor, council, 
senate, or house of representatives, for either of the above 
described oliences, be for a term exceeding thirty days. 

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



CHAPTER II 



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 
Co^venionsvealth of Massachusetts ; and whose title 
shall be — His Excellencv. 

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

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



COMMONWEALTH OF MASSACHUSETTS. 19 

a list of the persons voted for, with the number of votes 
for each person against his name ; and shall make a fair 
record of the same in tlie town books, and a pubHc decla- As to cuies, see 
ration thereof in the said meeting; and shall, in the pres- Art. ii. 
ence of the inhaljitants, seal up copies of the said list, 
attested by him and the selectmen, and transmit the same 
to the sheriff of the county, thirty days at least before the 
[last Wednesday in May] ; and "the sheriff" shall transmit, Time^changed^ 
the same to the secretary's office, seventeen days at least day of January 
before the said [last Wednesday in May] ; or the select- ments, Art. x. 
men may cause retm-ns of the same to be made to the 
office of the secretary of the conmionwealth, seventeen 
days at least before the said day ; and the secretary shall 
lay the same before the senate and the house of repre- 
sentatives on the [last Wednesday in May], to be by them changed to 
examined ; and in case of an election by a [majority] of all amendments, 
the votes returned, the choice shall be by them declared ^""'-^i^'- 
and published ; but if no person shall have a [majority] of when'^no p^er'son 
votes, the house of representatives shall, by ballot, elect ^^« ^ p^""^"*^'- 
two out of four persons who had the hiohest 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 the governor and 
councillors of this commonwealth for the time being ; and ''°""*" • 
the governor with the said councillors, or five of them at 

least, shall, and ma}% from time to time, hold and k(»ep a 
council, for the orderino- and directinir the affairs of the 
commonwealth, agreeably to the constitution and the laws 
of the land. 

V. The governor, with advice of council, shall have May adjourn or 
full power and authority, during the session of the gen- generfrconrt 
eral court, to adjourn or prorogue the same to any time andconveue*' 
the two houses shall desire ; [and to dissolve the same on As^to'^ditsoiu- 
the day next preceding the last Wednesday in Ma}^ ; and, *;e"'tf\"rt xf" 
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 prorogiu'd, if the wehare of the com- 
monwealth shall require the sar.ie ; and in case of any 
infectious distemper prevailing in the place where the said 
court is next at anv time to convene, or anv other cause 



20 



CONSTITUTIOX OF THE 



As to dissolu- 
tion, Bee 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. 



happening, whereby danger may arise to the health or 
lives of the members from their attendance, he may direct 
the session to be held at some other, the most convenient 
j)lace mthin the state. 

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

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

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 otEcer 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 postm-e, the inhabitants thereof, and to lead and 
conduct them, and with them to encounter, repel, resist, 
expel, and piu-sue, by force of arms, as well by sea as by 
land, within or without the limits of this commonwealth, 
and also to kill, slay, and destroy, if necessary, and con- 
quer, by all fitting ways, enterprises, and means whatso- 
ever, ail and every such person and persons as shall, at 
any tune hereafter^ in a hostile manner, attempt or enter- 
prise the destruction, invasion, detriment, or annoj^ance 
of this conmionwealth : and to use and exercise, over the 
army and navy, and over the militia in actual service, the 
law-martial, in time of war or invasion, and also in time 
of rebellion, declared by the legislature to exist, as occa- 
sion shall necessarily require ; and to take and surprise, 
by all ways and means whatsoever, all and every such 
person or persons, with their ships, arms, ammunition, 
and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or annoying this com- 
monwealth ; and that the governor be intrusted with all 
these and other powers, incident to the offices of cai>- 
tain-general and commander-in-chief, and admiral, to be 
exercised agreeably to the rules and regulations of the con- 
stitution, aiid the laws of the land, and not otherwise. 

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



COMMONWEALTH OF MASSACHUSETTS. 21 

granted, or hereafter to be granted to him by the legis- 
lature, transport any of the inhabitants of this common- 
wealth, or oblige 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. 

Vni. The power of pardoning oifences, except such Governor and 
as persons may be convicted of Ijefore the senate b}' 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 party pleading the same, But not before 

* ■ ^^ ■ coDvictioD 

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

IX. All judicial officers, [the attorney-general,] the judicial om- 
solicitor-general, [all sherifts,] coroners, [and registers of nominated a^n'd 
probate,] shall be nominated and appointed by the gov- Foi°provt8ion8 
ernor, by and with the advice and consent of the council ; ^^ auornw " 
and every such nomination shall be made by the governor, general, eee 

IT-, T . 1 • 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 Mmtia officers, 
elected by the written votes of the train-band and alarm Limitation of 
list of their respective companies, [of twentj^-one years b|''am"n'd'- ""* 
of age and upwards ;] the field officers of regiments shall "lents. 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, b}^ the field officers of their respec- 
tive brigades ; and such officers, so elected, shall be com- Howcommis- 
missioned by the governor, who shall determine their rank. 

The legislature shall, b}^ standing laws, 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-generals shall be a])pointed by the senate and Major-generals, 

^ J o _ I 1 _ . ^ how appointed 

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 

111 1 /• A. 1 11 filled, in case, 

or subalterns, shall neglect or refuse to make sucli elec- etc. 



22 



CONSTITUTION OF THE 



Officers duly 
commissioDed, 
how removed. 
Superseded by 
amendmeuts, 
Art. IV. 



Adjutants, etc., 
how appointed. 



Army officers, 
how appointed. 



Organization of 
militia. 



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



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



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

[And no officer, duly commissioned to command in the 
militia, shall be removed from his office, but by the address 
of both houses to the governor, or by fair trial in courts 
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 theu' aids ; and 
the governor shall appoint the adjutant-general. 

The governor, with advice of council, shall appoint all 
officers of the continental army, whom by the confedera- 
tion of the United States it is provided that this common- 
wealth shall appoint, as also all officers of forts and 
garrisons. 

The divisions of the militia into brigades, regiments, and 
companies, made in pursuance of the militia laws now in 
force, shall be considered as the proper divisions of the 
militia of this commonwealth, until the same shall be 
altered in pursuance of some future law. 

XL No moneys shall be issued out of the treasiury of 
this commonwealth, and disposed of (except 'such smns as 
may be appropriated for the redemption of bills of credit 
or treasm^er's notes, or for the pa3'nicnt of interest arising 
thereon) but b}^ warrant under the hand of the governor 
for the time being, with the advice and consent of the 
council, for the necessar}^ defence and support of the com- 
monwealth ; and for the protection and preservation of 
the inhabitants thereof, agreeabl}^ 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, 
belonging to this commonwealth, and all commanding 
officers of forts and garrisons within the same, shall once 
in every three months, officiall}^ and without requisition, 
and at other times, when requh'ed 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 
(]uantity, number, quality and kind of each, as particu- 
larly as may be ; together with the condition of such forts 
and o-arrisons ; and the said commanding officer shall 



COMMONWEALTH OF MASSACHUSETTS. 23 

exhibit to the governor, when required by him, true and 
exact plans of such forts, and of tlie land and sea or har- 
bor or harbors, adjacent. 

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

XHI. As the public good requires that the governor salary of 
should not be under the undue influence of any of the so^e''"°'"- 
members of the general court by a dependence on them 
for his su})port, that he should in all cases act with free- 
dom for the benefit of the public, that he should not have 
his attention necessarily diverted from that object to his 
private concerns, and that he should maintain the dignity 
of the commonwealth in the character of its chief magis- 
trate, it is necessary that he should have an honorable 
stated salar}^ of a fixed and permanent value, amply suffi- 
cient for those purposes, and established by standing laws : 
and it shall be amono- the first acts of the o-cneral 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 coiu"t. judicial court. 

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



CHAPTER II. 

Section II. 

Lieutenant- Governor. 

Article I. There shall be annually elected a lieu- Lieutenant- 
tenant-governor of the commonwealth of Massachusetts, title and quaii- 
Avhose title shall be — His Honor; and who shall be amemimentsr 
(jualified, in point of [religion,] [property,] and residence xxxiv"'""* 
in the commonwealth, in the same manner with the gov- 
ernor ; and the day and manner of liis election, and the 
qualifications of the electors, shall be the same as are re- 
quired in the election of a governor. The return of the now chosen. 
votes for this officer, and the declaration of his election, 
shall be in the same manner ; [and if no one person shall p/,tramy 'pro- 
be found to have a majority of all the votes returned, the ^j^e^y^e^fg 
vacancy shall be filled by the senate and house of repre- Art. xiv. 



24 



CONSTITUTION OF THE 



President of 
council 
Lieutenant- 
governor a 
member of, 
except, etc. 



I>icutenant- 
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 sliall have a majority of the 
votes of tlie people to be governor.] 

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

III. Whenever the chair of the governor shall be 
vacant, by reason of his death, or absence from the com- 
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, when personally 
present. 



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



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

Superseded by 
amendments, 
Art. XVI. 



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



CHAPTER IT. 

Section HI. 

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

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

II. [Nine councillors shall be annually chosen from 
among the persons retiunied 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 fii-st choice, 
the whole number of nine persons who will accept a seat 
in the council, the deficiencv shall be made up b}^ 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 

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

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

Superseded by amendments, Art. XVI. 

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

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

VI. Whenever the office of the governor and licuten- council to exer- 
ant-governor shall be vacant, by reason of death, absence, o/governor^hi 
or otherwise, then the council, or the major part of them, <"^se,etc. 
shall, during such vacancy, have full power and authority 

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

VII. [And whereas the elections appointed to be made, Elections may 
by this constitution, on the last Wednesday in May annu- untu/et'c.'^^ 
ally, by the two houses of the legislature, may not be 
completed on that day, the said elections may be adjourned 

from day to day until the same shall be completed. And s/;p|y.^*eded°by 
the order of elections shall be as follows : the vacancies in amendments, 

./» 1 n r- 1 />ii 1 ii Arts. XVI. and 

the senate, it an}^ shall 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. 
Section IV. 

Sen-etarij, Treasurer, Oommistiary, etc. 
Article I. [The secretary, treasurer and receiver- secretary, etc , 

1 lii • 1 1 ' ^ ^- ^-\ ^y whom and 

general, and the commissaiy-gencral, notaries public, and ) how chosen. 
naval officers, shall be chosen annually, by joint ballot of to"eiection'of "^ 
the senators and representatives in one room. And, that ,*,re7and re^^^"*' 
the citizens of this commonwealth mav be assui-cd, from ^'y®',;^?"';!""!;. 
time to time, that the monevs reniainin<j in tlie i)ul)lic attomeygeu- 

,.,.-.. i- ,1 1 eral, see iimeud- 

treasury, upon the settlement and Ji(|uidati()n oi the puli- ments, 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 whose conduct he shall be accountable ; and he shall 
attend the governor and council, the senate and house of 
representatives, in person, or by his deputies, as they shall 
respectively require. 



CHAPTER III. 



Tenure of all 
commissioned 
officers to be 
expressed. 
Judicial officers 
• to hold office 
during good 
behavior, ex- 
cept, etc. 
But may be 
removed on 
address. 



Justices of su- 
preme judicial 
court to give 
opinions when 
required. 
122 Mass. 600. 
126 Mass. 557, 
561. 

Justices of the 
peace : tenure 
of their office. 
3 Cush. 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 gworn, shall hold their offices 
dmnng good behavior, excepting such concerning whom 
there is different provision made in this constitution : 
provided, nevertheless, the governor, with consent of the 
council, may remove them upon the address of both houses 
of the legislature. 

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

III. In order that the people may not suffer from the 
long continuance in place of any justice of the peace who 
shall fail of discharging the important duties of his office 
with ability or fidelity, all commissions of justices of the 
peace shall expire and become void, in the term of seven 
years from 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 courts at such 
place or places, on fixed days, as the convenience of the 
people shall require ; and the legislature shall, from time to 
time, hereafter, appoint such times and places ; until which 
appointments, the said courts shall be holden at the times 
and places which the respective judges shall direct. 



COMMONWEALTH OF MASSACHUSETTS. 27 

V. All causes of marriao'e, divorce, and alimony, and ^ramage, 

& ^ ' ' -' ' divorce, and 

all appeals from the iudo;es of probate, shall be heard and alimony. 

'^ '^ . , 1 '> s i ' Mil- Other pro- 

determined by the governor and council, until the legis- visions made 

lature shall, bA' law, make other provision. los Mass. 327. 

116 Mass. 317. 



CHAPTER lY. 

DELEGATES TO CONGRESS. 

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

L . ~ , . ~ congress, 

the United States, shall, some time in the month of June, 
annuall}^ be elected by the joint ballot of the senate and 
house of representatives, assembled together in one room ; 
to serve in congress for one year, to commence on the first 
]\Ionday 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 
earl}^ as the year one thousand six hundred and thirty-six, *^°"^s^- 
laid the foundation of Harvard College, in which univer- 
sity many persons of great eminence have, by the blessing 
of God, been initiated in those arts and sciences which 
qualified them for public emploA^iients, 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 Ihrpresi'iient 
their successors in that capacity, their officers and ser- conamed.^' 
vants, shall have, hold, use, exercise, and enjoy, all the 
powers, authorities, rights, liberties, privileges, imniuiii- 
ties, and franchises, which they now have, or arc entitled 



28 



CONSTITUTIOX OF THE 



All gifts, 
grants, etc., 
confirmed. 



Who shall be 
overseers. 

See Statutes, 
1851,224. 
1S52, 27. 
1859, 212. 
1865, 173. 
1880, 65, 



Power of altera- 
tion reserved to 
the legislature. 



to have, hold, use, exercise, and enjo}' ; and the same are 
hereb}' ratified and confirmed unto them, the said presi- 
dent and fellows of Harvard College, and to theu' suc- 
cessors, and to their officers and servants, respectively, 
forever. 

n. 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, successively; it is declared, that 
all the said gifts, grants, devises, legacies, and conve}^- 
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. 

IH. And whereas, bv an act of the general court of 
the colony of Massachusetts Bay, passed in the year one 
thousand six hundred and forty-two, the governor and 
deputy-governor, for the time being, and all the magis- 
trates of that jurisdiction, were, with the president, and 
a number of the clergy in the said act described, con- 
stituted the overseers of Harvard College ; and it being 
necessar}', in this new constitution of government to 
ascertain who shall be deemed successors to the saiJ gov- 
ernor, deputy-governor, and magistrates ; it is declared, 
that the governor, lievitenant-goveriior, council, and sen- 
ate of this commonwealth, are, and shall be deemed, their 
successors, who, with the president of Harvard College, 
for the time being, together with the ministers of the con- 
gregational churches in the towns of Cambridge, Water- 
town, Charlestown, Boston, Roxbury, and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the poAvers 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. 



COMMONWEALTH OF MASSACHUSETTS. 29 

CHAPTER V. 

Section H. 

27^6 Encouragement of Literature, etc. 

Wisdom and knowledge, as well as virtue, diffused gen- Dutyof legisiat- 
crally among the body of the people, being necessary for igtratts'inTif 
the preservation of their rights and liberties ; and as these Fo^fuJJher°pro- 
depend on spreading the opportunities and advantages of "^'u^ii'^.^c^ooig 
education in tlie various imrts of the country, and among see amend- 

*' iiiGnts .A.rt. 

the different orders of the people, it shall be the duty xvni. 
of legislatures and magistrates, in all future periods of 503. 
this commonwealth, to cherish the interests of literatm-e i'>3MaB8.94,97. 
and the sciences, and all seminaries of them ; especially 
the university at Cambridge, public schools and grammar 
schools in the towns ; to encourage private societies and 
public institutions, rewards and immunities, for the pro- 
motion of agricultm'e, arts, sciences, commerce, trades, 
manufactures, and a natm'al history of the country ; to 
countenance and inculcate the principles of humanity and 
general benevolence, public and private charity, industry 
and frugality, honesty and punctualit}^ 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 REYISAL OF THE CONSTITUTION, ETC. 

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

"I, A. B., do declare, that I believe the Chi-istian reli- ^^endmfntef''^ 
gion, and have a firm persuasion of its truth ; and that I Art. vii. 
am seised and possessed, in my own right, of the propert}' 
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 d(>claration, in the pres- 



30 



CONSTITUTIOX OF THE 



Declaration and 
oaths of all 
officers. 



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



Oath of office. 



Proviso. See 
amendments, 
Art. VI. 



ence of the two liouscs of assembh' ; and the senators and 
representatives, fii"st 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 
otfices aforesaid, as also any person appointed or commis- 
sioned to any judicial, executive, military, or other office 
under the government, shall, before he enters on the dis- 
charge of the business of his place or office, take and sub- 
scribe the following declaration, and oaths or affirmations, 
Aiz. : 

[" I, A. B., do truly and sincerelj' 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 
Avill 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, an}^ jurisdiction, superiorit}^, 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 fm^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 abjm'ation, heartily and truly, according 
to tlie 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 will 
faithfuUv and impartially discharge and perform all the 
duties incuml)ent on me as , according to 

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

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



COMMOXWEALTH OF MASSACHUSETTS. 31 

people called Quakers, and shall decline taking the said 
oath[s], he shall make his affirmation in the foregoing 
form, and subscribe the same, omitting the words, ["/tZo 
sivear" " and abjure," " oath or," " and abjuration," in the 
first oath, and in the second oath, the words] ' ' swear 
and," and [in each of them] the words " /So help me, 
God ;" subjoining instead thereof, " This I do under the 
pains and penalties of perjury." 

And the said oaths or affirmations shall be taken and atiiraa'ti'ons 
subscribed by the governor, lieutenant-governor, and coun- how^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 by the legislature. 

II. Ko governor, lieutenant-governor, or judge of the Plurality of 
supreme judicial coiu't, shall hold any other office or place, hibUed^tcTgov. 
under the authority of this commonwealth, except such as except.^etc. 
by this constitution they are admitted to hold, saving that mem^Trt. 
the judges of the said court may hold the offices of justices ^i^i- 
of the peace through the state ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other state or government or power whatever. 

No person shall be capable of holding or exercising at f^fe^^^s^l'^''" 
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, 
military offices, and the offices of justices of the peace 
excepted, shall be held b}^ one person. 

No person holding tJie office of judge of the supreme incompatible 
judicial court — secretar}^ — attorney-general — solicitor- For'fu'rtherpro. 
general — treasurer or receiver-general — judge of probate ^ncompatlwe 

— commissary-general — [president, professor, or instruc- °^e°a'ments 
tor of Harvard Colleo-e] — sheriff — clerk of the house of ^rt-'^ii^: „ 

c? J . r> 1 1 Oflicers of Har- 

representatives — register of probate — register of deeds vard ooiiege 

— clerk of the supreme judicial court — clerk of the infc- amendments, 
rior cornet of common pleas — or officer of the customs, ^'^^" 
including in this description naval officers — shall at the 



32 



CONSTITUTION OF THE 



Incompatible 
offices. 



Bribery, etc., 
disqualify. 



Value of money 
ascertained. 



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



I'rovisions 
respecting 
commissions. 



Provisions re- 
specting writs. 

2 Pick. 592. 

3 Met. 58. 
13 Gray, 74. 



Continuation of 
former laws, 
except, etc. 

1 Mass. 59. 

2 Maes. .'i34. 

8 Pick. 309, 316. 
16 1'ick.l07,115. 
2 Met. 118. 



Benefit of 
habeas corpus 
secured, except, 
etc. 



same time have a seat in tlie senate or house of representa- 
tives ; but their being chosen or ai)pointed 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 tilled up. 

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

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

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

V. All "SM-its, 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 thc}^ issue ; they shall bear test of 
the first justice of the court to which they shall be return- 
able, who is not a party, and be signed by the clerk of 
such court. 

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

VII. The privilege and benefit of the writ of habeas 
corpus shall be enjoyed in this commonwealth, in the most 
free, 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 exceeding twelve months. 



COMMONWEALTH OF MASSACHUSETTS. 33 

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

IX. To the end there may be no failm*e of iustice, or officers of 

. , Til x- 1 i» i-1 former govern. 

danger arise to the commonwealtli irom a change ot the ment comiuued 
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 eftect, shall have, hold, use, exercise, 
and enjo}^ all the powers and authority to them granted 
or committed, until other persons shall be appointed in 
their stead ; and all com*ts of law shall proceed in the 
execution of the business of their respective departments ; 
and all the executive and legislative officers, bodies, and 
powers shall continue in full force, in the enjoyment and 
exercise of all their trusts, employments and authority ; 
until the general com't, and the supreme and executive offi- 
cers under this co.nstitution, are designated and invested 
with their respective trusts, powers, and authority. 

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

towns, and to the assessors of the unincorporated planta- 
tions, directing them to convene the qualified voters of 
their respective towns and plantations, for the purpose of 
collecting theii' 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 gtitutioi!'°° 
shall assemble and vote in consequence of the said pre- 
cepts, are in ftivor of such revision or amendment, the 
general com"t shall issue precepts, or direct them to be 
issued from the secretary's office, to the several towns 
to elect delegates to meet in convention for the purpose 
aforesaid. 

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



34 



CONSTITUTION OF THE 



Provision for 
preserving and 
publijsliing this 
constitution. 



XI. This form of government shall be enrolled on 
parchment, and deposited in the secretary's office, and be 
a part of the laAvs of the land ; and printed copies thereof 
shall be prefixed to the book containing the laws of this 
commonwealth, in all futm'e editions of the said laws. 



Bill, etc., not 
approved within 
live 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. 



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



ARTICLES OF AMENDMENT. 

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

Art. II. The general court shall have full power and 
authority to erect and constitute municipal or city gov- 
ernments, in any corporate town or towns in this com- 
monwealth, and to grant to the inhabitants thereof such 
powers, privileges, and immunities, not repugnant to the 
constitution, as the general court shall deem necessary 
or expedient for the regulation and government thereof, 
and to prescribe the manner of calling and holding public 
meetings of the inhabitants, in wards or otherwise, for 
the election of officers under the constitution, and the 
manner of returning the votes given at such meetings. 
Provided, that no such government shall be erected or 
constituted in anv town not containino- 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 twentj^-one ^^ears of 
ago 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 re})resentativcs, [and who shall have paid, 
by himself, or his parent, master, or guardian, any state 



COMMONWEALTH OF MASSACHUSETTS. 35 

or county tax, which shall, within two years next prcced- j2?Mass^^595 
ino; such election, have been assessed upon him, in any 597 " 

O ,..^1. ijiii 124 Mass. 59(1. 

town or district 01 this commonwealth ; and also every For educational 
citizen who shall be, by law, exempted from taxation, see'^amOTd^"' 
and who shall be, in all other respects, qualified as above POTprovfei^" 
mentioned,] shall have a right to vote in such election of havese°4dTn° 
fi-overnor, lieutenant-o-overnor, senators, and representa- ti^e army or 

t) ' o ' •11 • navy lu time 

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

. . "^ amendments, 

such election. Arts.xxviii. 

See also amendments, Art. XXIU., which was annulled by amendments, Art. XXVT. 

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

, . 1 . . , ,^, how appointed 

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

fin case the office of secretary or treasiu'er of the com- vacancies in the 

*- iviini 2^^ 1 • offices of secre- 

mon wealth shall become vacant irom any cause, dmnng tary and treas- 
the recess of the general cornet, the governor, with the ThTs' ciausf ^^^"^^ 
advice and consent of the council, shall nominate and aZfudme^ntsy 
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 
ai)pointed by the general court.] 

Whenever the exigencies of the commonwealth shall gen^I^l^m^^be 
require the appointment of a commissary-general, he shall ^PPg^'g^^''- '"^ 
be nominated, appointed, and commissioned, in such man- 
ner as the legislature may, b}^ law, prescribe. 

All officers commissioned to command in the militia Miiitia officers, 

, 1 ,. ,v ' 1 J 1 1 • bow removed. 

may be removed irom office m such manner as the legis- 
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 their respective compa- BubaiternT.* ^° 
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 by'iii^offlclrs.^" 
by the constitution, the following oath shall bo taken and cif vi°^Art i 
subscribed by every person chosen or appointed to any 
office, civil or military, under the government of this 
commonwealth, before he shall enter on the duties of his 
office, to Avit : — 

"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 COXSTITUTIOX OF THE 

Quakl?8 may Pvovided, That when any person shall be of the denomi- 

affl'''"- nation called Quakers, and shall decline taking said oath, 

he shall make his affirmation in the foregoing form, omit^ 
ting the Avord ' ' swear " and inserting, instead thereof, the 
. word ' ' affirm , " and omitting the words "So help me , God , " 
and subjoining, instead thereof, the words, "This I do 
under the pains and penalties of perjur}^" 
Tests abolished. Art. YII. Xo oath, declaration, or subscription, ex- 
cepting the oath prescribed in the preceding article, and 
the oath of office, shall be required of the governor, lieuten- 
ant-governor, councillors, senators, .or representatives, to 
qualifv them to perform the duties of their respective offices, 
of oT«e"^""^ Art. Vni. No judge of any court of this common- 
122 Mass. 445, ^yealtli, (cxccpt tlic court of scssious,) and no person 
i23'MaB8. 525. holding any office under the authority of the United 
States, (postmasters excepted,) shall, at the same time, 
hold the office of governor, lieutenant-governor, or coun- 
cillor, or have a seat in the senate or house of representa- 
tives of this commonwealth ; and no judge of any court in 
this commonwealth, (except the court of sessions,) nor the 
attorney-general, solicitor-general, county attorne}^ clerk 
of any court, sherifl*, treasiu-er 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 tru.st, by an}^ of the officers 
aforesaid, shall be deemed and taken to be a resignation 
of his said office ; and judges of the courts of common 
pleas shall hold no other office under the government of 
this commonwealth, the office of justice of the peace and 
militia offices excepted. 

Art. IX. If, at any time hereafter, any specific and 
how made. particular amendment or amendments to the constitution 
be proposed in the general court, and agreed to by a ma- 
jority of the senators and two-thirds of the members of 
the house of representatives present and voting thereon, 
such proposed amendment or amendments shall be entered 
on the journals of the two houses, with the j^eas and nays 
taken thereon, and referred to the general coiu't 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 b}^ 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 



AmendmeDts to 
constitution, 



COMMONWEALTPI OF MASSACHUSETTS. 37 

amendment or amendments to the people ; and if they 
shall be approved and ratified by a majority of the quali- 
fied voters, voting thereon, at meetings legally warned 
and holden for that pm'pose, they shall become part of 
the constitution of this commonwealth. 

Art. X. The political year shall beg-in on the first commencement 

of political 

Wednesday of January, instead of the last Wednesday of year, 
May ; and the general court shall assemble every }^ear 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 requu'ed to be made and 
done at the session which has heretofore commenced on the 
last Wednesday of May. And the general court shall be ^.^aiid termina- 
dissolved on the day next preceding the first Wednesday 
of Januar}'', without any proclamation 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 
governor. The governor, lieutenant-governor and coun- 
cillors, shall also hold their respective offices for one year 
next following the first Wednesday of January, and until 
others are chosen and qualified in theh- stead. 



[The meetino- for the choice of o-overnor, lieutenant- Meetiagsfor 

L o o ' choice of go\ 



the 



gov- 



ffovernor, senators, and representatives, shall be held on eruor, iieuten 



ant-goveruor, 



the second Monday of November in every year; but etc., when to be 



held. 



meetings may be adjourned, if necessary, for the choice Thisciaus 
of representatives, to the next day, and again to the next a"nendments'/ 
succeeding day, but no further. But in case a second ^^.xv. 
meeting shall be necessary for the choice of representa- 
tives, such meetings shall be held on the fourth Monday 
of the same month of November.] 

All the other provisions of the constitution, respecting 
the elections and proceedings of the members of the gen- 
eral court, or of any other officers or persons whatever, that 
have reference to the last Wednesday of May, as the com- 
mencement of the political year, shall be so far altered, as 
to have like reference to the first Wednesday of January. 

This article shall go into operation on the first day of ^^^^o \nto ''^" 
October, next following the day when the same shall be operation. 
duly ratified and adopted as an amendment of the consti- 
tution ; and the governor, lieutenant-governor, councillors, 
senators, representatives, and all other state officers, who 
are annually chosen, and who shall be chosen for the cur- 
rent year, when the same shall go into operation, shall 
hold their respective offices until the first Wednesday of 



38 



COXSTITUTIOX OF THE 



Inconsistent 

provisions 

annulled. 



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



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 , 
whicli was also 
superseded by 
amendments. 
Art. XXI. 
Representa- 
tives, how 
apportioned. 



January then next following, and until others are chosen 
and qualitied in their stead, and no longer; and the first 
election of the governor, lieutenant-governor, senators, and 
representatives, to be had in vktue of this article, shall 
be had conformably thereunto, in the month of November 
following the day on Avhich 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 
riofhts, the followino; modification and amendment thereof 
is substituted : — 

"As the public worship of God and instructions in 
iMet}^ religion, and morality, promote the happiness and 
prosperit}'^ of a people, and the secm^ity of a republican 
government ; therefore, the several religious societies of 
this commonwealth, whether corporate or unincorporate, 
at an}' meeting legally warned and holden for that pur- 
pose, shall ever have the right to elect their pastors or 
religious teachers, to contract with them for their support, 
to raise money for erecting and repairing houses for public 
worship, for the maintenance of religious instruction, and 
for the payment of necessary expenses ; and all persons 
belonging to any religious society shall be taken and held 
to be members, until they shall file with the clerk of such 
society a written notice, declaring the dissolution of their 
membership, and thenceforth shall not be liable for any 
grant or contract which may be thereafter made, or entered 
into 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- 
tarj^'s office, in such manner as the legislature shall pro- 
vide, within the month of May, in the year of our Lord 
one thousand eight hundred and thirty-seven, and in every 
tenth year thereafter, in the month of May, in manner 
aforesaid ; and each town or city having three hundred rata- 



COMMONWEALTH OF MASSACHUSETTS. 39 

ble polls at the last preceding decennial census of polls, 
may elect one representative, and for every four hundred 
and fifty ratable polls in addition to the first 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^pous, 
polls, at the last preceding decennial census of polls, shall gemed!^"^^" 
be multiplied by ten, and the product divided by tlu'ec 
hundred ; and such town may elect one representative as 
many years within ten years, as three hundred is contained 
in the product aforesaid. 

Any city or town having ratable polls enough to elect feprelented"^ 
one or more representatives, with any number of polls 
beyond the necessary number, maj' 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 

1 , n • • . (• i 1 1 1 i J. nnite 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 Jiext decennial 
census of polls, for the election of a representative, or rep- 
resentatives ; and such district shall have all the rights, in 
regard to representation, which would belong to a town 
containing the same number of ratable polls. 

The governor and council shall ascertain and determine, The governor 
within the months of July and August, in the year of our deferm'ine'the 
Lord one thousand eight hundred and thirty-seven, accord- resTntaUvirto' 
ing to the foregoing principles, the number of representa- to^y^^ig^gntitied 
tives, which each city, town, and representative district 
is entitled to elect, and the number of years, within the 
period of ten years then next ensuing, that each city, 
town, and representative district may elect an additional 
representative ; and where any town has not a sufficient 
number of polls to elect a representative each year, then, 
how many 3^ears within the ten years, such town may elect 
a representative ; and the same shall be done once in ten New apportion- 

i 1 n, I , 1 1 • 1 1 xi ment to be made 

years, thereaitcr, by the governor and council, and the once iu every 
number of ratable polls in each decennial census of polls, *«"y^*"- 
shall determine the number of representatives, which each 



40 CONSTITUTION OF THE 

city, town and representative district may elect as afore- 
said ; and when the number of representatives to be elected 
b}^ each city, town, or representative district is ascertained 
and determined as aforesaid, the governor shall cause the 
same to be published forthwith for the information of the 
people, and that number shall remain fixed and unalterable 
for the period of ten years. 
incoDBistent ji^\\ ^he provisions of the existino; constitution incon- 

proviBions 1 ,_ •,•1 i i, 

annulled. sistcut With tlic provisious herein contained, are liereby 

wholly an nulled . ] 
£bUant°^o be Art. XIII. [A census of the inhabitants of each city 
taken m 1840,^ and towu, ou the first day of May, shall be taken, and 
thereafter, for retumcd luto the sccrctary's ofiice, on or before the last 
elntauon!^'^^ day of Juuc, of the year one thousand eight hundred and 
^enluTsuler.^^ foYtj, and of cvcry tenth year thereafter ; which census 
mentil'A'rte^"'^" sli^U determine the apportionment of senators and repre- 
xxi.andxxii. gentatlvcs for the term of ten years. 122 Mass. 595. 

frtcfs dedarld The scvcral senatorial districts now existing shall be 
permanent. permanent. The senate shall consist of forty members ; 

Provisions astol. i-i,i ii i i} • 

senators super- and lu tlic 3"ear one tliousand eight hundred and lorty, 

ments, A^t!^" " and cvcry tenth year thereafter, the governor and council 

^^^' shall assign the number of senators to be chosen in each 

district, according to the number of inhabitants in the 

same. But, in all cases, at least one senator shall be 

assigned to each district. 

SntativeVh^w' The mcmbcrs of the house of representatives shall be 

apportioned. apportloucd in the following; manner : Every town or city 

Provisions asto^^i.. -\ -i • ^ ^ • i i i 

representatives containing twelvc hundred inhabitants may elect one rep- 
am^en'^dLe^uts/ rescntativc ; and two thousand foiu' hundred inhabitants 
Art. XXI. shall be the mean increasing number, which shall entitle 

it to an additional representative. 
h^w'iepre^^' Evciy town Containing less than twelve hundred inhab- 

sented. itants shall be entitled to elect a representative as many 

times within ten years as the number one hundred and 
sixty is contained in the number of the inhabitants of said 
town. Such towns may also elect one representative for 
the year in which the valuation of estates ^vithin the com- 
monwealth shall be settled. 
uniTe^^Dto*^ Any two or more of the several towns may, by consent 

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



COMMONWEALTH OF MASSACHUSETTS. 41 

such district shall have all the rights, in regard to repre- 
sentation, which would belong to a town containing the 
same number of inhabitants. 

The number of inhabitants which shall entitle a town Basis of 

- , ... -I , , . . representation, 

to elect one representative, and the mean mcreasmg num- and ratio of 
ber which shall entitle a town or city to elect more than i'^*^'^*^'*^®- 
one, and also the number by which the population of towns 
not entitled to a representative every year is to be divided, 
shall be increased, respectively, by one-tenth of the num- 
bers above mentioned, whenever the population of the 
commonwealth shall have increased to seven hundred and 
seventy thousand, and for every additional increase of 
seventy thousand inhabitants, the same addition of one- 
tenth shall be made, respectively, to the said numbers 
above mentioned. 

In the year of each decennial census, the governor and Jn^dc^ou^ncUto 
council shall, before the first day of September, apportion a'Xber°of^''^ 
the number of representatives which each city, town, and ^74^^^^°*^^^''* 
representative district is entitled to elect, and ascertain once in every 
how many years, within ten years, any town may elect a ^''y^^'"^" 
representative, which is not entitled to elect one every 
year ; and the governor shall cause the same to be pub- 
lished forthwith. 

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

No possession of a freehold, or of any other estate, shall quaiukiuon'for 
be recjuired as a qualification for holding a seat in either ^0^^ o"^ouncu 
branch of the general court, or in the executive council, not required. 

Art. XIV. In all elections of civil officers by the Elections by the 
people of this commonwealth, whose election is provided pUu^aiVy of^ ^ 
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 

~ ,~ 111 election of gov- 

lieutenant-governor, senators, and representatives, shall emor and legis- 
be held on the Tuesday next after the first Monday in 
November, annually ; but in case of a failure to elect rep- 



42 CONSTITUTION OF THE 

resentatives on that clay, a second meeting shall be holden, 
for that purpose, on the fourth Monday of the same month 
of November. 
Eight council- Art. XVI. Eio-ht councillors shall be annually chosen 

lors to be chosen <. i • i i ^•n i 

by the people, by the inhabitants of this commonwealth, qualmed to vote 
598. ** ' ' for governor. The election of councillors shall be deter- 
mined by the same rule that is required in the election of 
governor. The legislature, at its first session after this 
amendment shall have been adopted, and at its fii'st ses- 
sion after the next state census shall have been taken, 
and at its first session after each decennial state census 
Legislature to thcreafterwards, shall divide the commonwealth into eight 

district state. -,..„. . , . , , 

districts or 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- 
detSed.'*^ 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- 
neTof^ele^tfon ^iou. The day and manner of the election, the return of 
etc the votes, and the declaration of the said elections, shall 

be the same as are required in the election of governor. 
Vacancies, how [^vhencvcr there shall be a failure to elect the lull num- 
vi^ionTs to°" ^^®^' ^^" councillors, the vacancies shall be filled in the same 
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 \^q after sucli vacancics shall have happened.] And that 

the government. ' t i • i • • /• i 

there may be no delay in the organization of 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 
tlie senate and house of representatives on the said first 
Wednesday in January, to be by them examined ; and in 
case of the election of cither of said officers, the choice 



COMMONWEALTH OF ^MASSACHUSETTS. 43 

shall be by them declared and published ; but in case there 
shall be no election of either of said officers, the legislat- 
ure shall proceed to fill such vacancies in the manner pro- 
vided in the constitution for the choice of such officers. 

Art. XVH. The secretary, treasui-er and receiver- Election of 
general, auditor, and attorney-general, shall be chosen urer, auditor,' 
annually, on the day in November prescribed for the genefaTb^the 
choice of governor ; and each person then chosen as such, p<^°pi^- 
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 J^X'''^'' ^°^ 
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, dming an annual or special session 
of the general court, such vacancy shall in like manner 
be filled by choice from the people at large ; but if such 
vacancy shall occm- 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 anv person chosen or appointed to either of the Toqiiaiify 

^ ■. T Ti T , A ii L' J. 1 witlim ten days, 

offices aforesaid, shall neglect, for the space of ten clays otherwise office 
after he could otherwise enter upon his duties, to qualify vac^antf^""^ 



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 Q^^'^^jfi^f °» 
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 pucd^fo? swta. 
all moneys which may be appropriated by the state for KoI-orSit 
the support of common schools, shall be applied to, and provision as to 



44 



CONSTITUTION OF THE 



schools, Bee 

constitution, 

Part First, Art. 

III. 

12 AUen, 500, 

508. 

103 Mass. 94,96. 



Legislature to 
prescribe for 
the election of 
f^lieriffij, regis- 
ters of probate, 
etc. v>ee 
ameudmen's, 
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. 111. 
See also amend- 
ments. Art. 
XXIII., which 
was annulled by 
amendments. 
Art. XXVI. 

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



House of repre- 
sentatives to 
consist of 210 
members. 
Legislature to 
apportion, etc. 
10 Gray, 613. 



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 
mone}^ is to be expended ; find such moneys shall never 
be appropriated to any religious sect for the maintenance, 
exclusively, of its own school. 

APtT. XIX. The legislature shall prescribe, by general 
law, for the election of sherifl's, registers of probate, [com- 
missioners of insolvency,] and clerks of the courts, by the 
people of the several counties, and that district-attorneys 
shall be chosen by the people of the several districts, for 
such term of office as the legislatm'e 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 in 
the English language, and write his name : 'provided, how- 
ever, that the provisions of this amendment shall not apply 
to any person prevented b}' a physical disability from com- 
plj'ing with its requisitions, nor to any person who now 
has the right to vote, nor to any persons who shall be 
sixty years of age or upwards at the time this amendment 
shall take effect. 

Art. XXI. A census of the legal voters of each city 
and town, on the first day of May, shall be taken and 
returned into the office of the secretary of the coimnon- 
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 oiiy and town, in the year one 
thousand eight hundred and sixty-five, and of every tenth 
year thereafter. In the census aforesaid, a special enumer- 
ation shall be made of the legal voters ; and in each city, 
said enumeration shall specify the number of such legal 
Toters 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 re})resentatives 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 ma}^ be, according 
to their relative numbers of legal voters, as ascertained 
by the next preceding special enumeration ; and the town 
of Cohasset, in the county of Norfolk, shall, for this pur- 



COMMONWEALTH OF MASSACHUSETTS. 45 

pose, as well as in the formation of districts, as hereinafter 
provided, be considered a part of the count}^ of Plymouth ; 
and it shall be the duty of the secretary of the common- secretary Bhau 
wealth, to certify, as soon as may be after it is determined cers^ authorized 
b}^ the legislature, the number of representatives to which counto. 
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 
conmiissioners of other counties than Suffolk, — or in lieu 
of the mayor and aldermen of the city of Boston, or of the 
county commissioners in each county other than Suffolk, 
such board of special commissioners in each county, to 
be elected by the people of the county, or of the towns 
therein, as may for that purpose be provided by law, — 
shall, on the first Tuesday of August next after each Meeting for 
assignment of representatives to each county, assemble at first^Tuesday 
a shire town of their respective counties, and proceed, as ProVefdhigs. 
soon as msty be, to divide the same into representative 
districts of contiguous territory, so as to apportion the 
representation assigned to each count}^ equally, as nearly 
as may be, according to the relative number of legal voters 
in the several districts of each county ; and such districts 
shall be so formed that no town or ward of a city shall 
be divided therefor, nor shall any district be made which 
shall be entitled to elect more than three representatives. 
Every representative, for one year at least next preceding Quaiiflcationsof 
his election, shall have been an inhabitant of the district iirMrss^tgl)"* 
for which he is chosen, and shall cease to represent such ^^*- 
district when he shall cease to be an inhabitant of the 
commonwealth. The districts in each county shall be Districts to be 
numbered by the board creating the same, and a descrip- described knd 
tion of each, with the numbers thereof and the number *=®'"*^®^- 
of legal voters therein, shall bo returned by the board, to 
the secretary of the commonwealth, the count}^ treasurer 
of each county, and to the clerk of every town in each 
district, to be filed and kept in their respective offices. 
The manner of 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 may organize temporarily, adjourn from da}^ to day, 
and compel the attendance of absent members.] 

Aet. XXII. A census of the legal voters of each citv cenBus etc 

, ~ , *j See r. 8. c. 31. 

and town, on the first da}^ of May, shall be taken and 



46 



CONSTITUTION OF THE 



Voters to be 
basis of appor- 
tionment of 
senators. 



Senate to con- 
Bist of forty 
members. 



Senatorial 
districts, etc. 



See amend- 
ments, Art. 
XXIV. 



Qualifications 
of senators. 



Quorum, see 
amendments. 
Art. XXXUI. 



Residence of 
two years re- 
quired of natu- 
ralized citizens, 
to entitle to suf- 
fras;e or make 
eligible to office. 
This article 
annulled by 
Art. XXVI. 



Vacancies in the 
senate. 



returned into the office of the secretary of the common- 
Avealth, on or before the last day of June, in the year one 
thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one 
thousand eight Imndred and sixty-five, and of every tenth 
year thereafter. In tlie 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 
leg^al 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 : jjrovided, however^ 
that no town or ward of a city shall be divided therefor ; 
and such districts shall be formed, as nearly as may be, 
Avithout uniting two counties, or parts of two or more 
counties, into one disti'ict. Each district shall elect one 
senator, who shall have been an inhabitant of this com- 
monwealth five years at least immediately preceding his 
election, and at the time of his election shall be an inhab- 
itant of the district for which he is chosen ; and he shall 
cease to represent such senatorial district when he shall 
cease to be an inhabitant of the commonwealth. [Not less 
than sixteen senators shall constitute a quorum for doing 
business ; but a less number may organize temporarily, 
adjourn from day to da}^ 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 commonwealth : provided, that this amend- 
ment shall not affect the riglits which any person of foreign 
birth possessed at the time of the adoption thereof; and, 
provided, fiirtlier, that it shall not aflect the rights of any 
child of a citizen of the United States, born during the 
temporary absence of the parent therefrom.] 

Art. XXIV. An}^ vacanc}^ in the senate shall be filled 
by election by the people of the unrepresented district, 
upon the order of a majority of the senators elected. 



COMMONWEALTH OF MASSACHUSETTS. 47 

Art. XXV. In case of a vacancy in the council, from vacancies in the 
a fkihu-e of election, or other cause, the senate and house 
of representatives shall, by concurrent vote, choose some 
eligible person from the people of the district wherein such 
vacancy occurs, to fill that office. If such vacancy shall 
happen when the legislature is not in session, the governor, 
with the advice and consent of the council, may fill the same 
by appointment of some eligible person. 

Art. XXVI. The twenty-third article of the articles Twenty-third 
of amendment of the constitution of this commonwealth, amendments 
which is as follows, to wit: " No person of foreign birth ^i^nuiied. 
shall be entitled to vote, or shall be eligible to office, unless 
he shall have resided within the jurisdiction of the United 
States for two years subsequent to his natm^alization, and 
shall be otherwise qualified, according to the constitution 
and laws of this commonwealth : provided, that this amend- 
ment shall not aftect the rights which any person of foreign 
birth possessed at the time of the adoption thereof; and 
jwovided, 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. XXVH. So much of article two of chapter six Provisions of 
of the constitution of this commonwealth as relates to per- vi.,' relating to 
sons holding the office of president, professor, or instructor vard'ooiieget'^ 
of Harvard College, is hereby annulled. annulled. 

Art. XXVIII. No iierson havinoj served in the armv superseded by 
or navy oi the United States in time oi war, and having 
been honorably discharged from such service, if otherwise 
qualified to vote, shall be disqualified therefor on account 
of being a pauper ; or, if a pauper, because of the non- 
payment of a poll tax. 

Art. XXIX. The general court shall have full power voting pre- 
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 ^cTsou^of ^ 
representatives, shall, by reason of a change of residence deueftntiiTix 
within the commonwealth, be disqualified from voting for ™^e^o/rlm?vai. 
said officers in the city or town from which he has removed 



48 



COXSTITUTIOX OF THE 



Amendments, 
Art. XXVm. 
amended. 



Person who 
seized 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. 



Provieions 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 
bouse,aunulIed. 



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

Art. XXXI. Article twenty-eight of the amendments 
of the constitution is hereby amended by striking out in 
the fourth line thereof the words " being a pauper", and 
inserting in place thereof the words : — receiving or having 
received aid from any city or town, — and also by striking 
out in said fourth line the words " if a pauper", so that 
the article as amended shall read as follows : Article 
XXVIII. No person having served in the army or navy 
of the United States in time of war, and having been hon- 
orably discharged from such service, if otherwise qualified 
to vote, shall be disqualified therefor on account of receiv- 
ing or having received aid from any city or town, or be- 
cause of the non-pajmient 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 3'ears next preceding- 
such election, have been assessed upon him, in any town 
or district of this commonwealth ; and also every citizen 
who shall be, by law, exempted from taxation, and who 
shall be, in all other respects, qualified as above men- 
tioned", is hereby annulled. 

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

Art. XXXIV. So much of article two of section one 
of chapter two of part the second of the constitution of 
the commonwealth as is contained in the following 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 hereb}^ annulled. 

Art. XXXV. So much of article two of section three 
of chapter one of the constitution of the commonwealth 
as is contained in the following words : ' ' The expenses of 
travelling to the general assembl}^ and returning home, 
once in every session, and no more, shall be paid by the 
government, out of the public treasuiy, to eveiy mem- 
ber who shall attend as seasonably as he can, in the judg- 



COMMONWEALTH OF MASSACHUSETTS. ^ 49 

ment of the house, and does not depart without leave", 
is hereby annulled. 

Art. XXXVI. So much of article nineteen of the 
articles of amendment to the constitution of the common- 
wealth as is contained in the following words : "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 March, 1780, when the convention adjourned to meet 
on the first Wednesday of the ensuing June. In the mean time the 
constitution Avas submitted to the people, to be adopted by them, 
provided two-thirds of the votes given should be in the affirmative. 
When the convention assembled, it was foimd that the constitution 
had been adopted by the requisite number of votes, and the conven- 
tion accordingly Besolved, ' ' That the said Constitution or Frame of 
Government shall take place on the last Wednesday of October next ; 
and not before, for any purpose, save only for that of making elec- 
tions, ag-reeable 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 April 9, 1821. 

The tenth Article was adopted by the legislatures of the political 
years 1829-30 and 1830-31, respectively, and was apj^roved and 
ratified by the i^eople May 11, 1831. 

The eleventh i\j"ticle was adopted by the legislatures of the politi- 
cal years 1832 and 1833, respectively, and was approved and ratified 
by the peoj^le November 11, 1833. 

The twelfth Article was adopted by the legislatures of the political 
years 1835 and 183G, respectively, 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 ajiproved and ratified 
by the people the sixth day of April, 1840. 

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

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



50 COXSTITUTIOX OF MASSACHUSETTS. 

The t\s'enty -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 
people on the sixth day of November, 1877. 

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

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

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

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

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

The thirty-fifth Article was adopted by the legislatures of the 
political years 1892 and 1893, and was approved and ratified l:)y the 
people on the seventh day of November, 1893. 

The thirty-sixth Article was adopted by the legislatures of the 
political years 1893 and 189-1, and Avas approved and ratified by the 
people on the sixth day of November, 1894. 



[A proposed Article of Amendment, prohibiting the manufacture 
and sale of Intoxicating Liquor as a beverage, adopted by the legis- 
latures of the political years 1888 and 1889, was rejected by the 
people on the twenty-second day of April, 1889.] 

[Proposed Articles of Amendment, (1) Establishing biennial 
elections of state officers, and (2) Establishing biennial elections 
of members of the General Court, adopted by the legislatures of 
the political years 1895 and 1896, were rejected by the people at 
the annual election held on the third day of November, 1896.] 



INDEX TO THE CONSTITUTION. 



A. 

Page 
Address of both houses of the legislature, judicial officers may be 

removed by governor with consent of council upon, . 26 

Adjutant-general, ai^poiuted 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 encoiu-aged, ... 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 
hovise 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 coiu-t agrees 
to the proposition in the same manner, and to the same 
effect, it shall be submitted to the people, and, if approved 
by them by a majority vote, becomes a part of the con- 
stitution, 36,37 

Apportionment of councillors, . 24,41,42 

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

Apportionment of senators, 13, 40, 46 

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

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

Apportionment of representatives, 16,39,40,44 

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

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

Arms, right of people to keep and to bear, for public defence, . 8 
Arrest, members of house of representatives exempted from, on 
mesne process, while going to, returning from, or attend- 
ing the general assembly, 18 

Arrest, search and seizure, right of, regulated, .... 7 
warrant to contain special designation, ..... 7 
Attorney-general, to be chosen by the people annually in Novem- 
ber, 21,43 

to hold office for one year from third Wednesday in January 

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

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

51 



52 INDEX TO THE CONSTITUTION. 



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, Avith consent of council, . . 43 

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

next preceding election or appointment, .... 43 

office to be deemed vacant if j^erson elected or appointed fails 

to be qualified within ten days, 43 

Attorneys, district, elected by the people of the several districts, . 44 
Auditor, to be chosen by the jDcople annually in November, . . 43 

to hold oflice for one year from third Wednesday in January 

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

election determined by legislature, ...... 43 

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

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

next i^receding election, ....... 43 

office to be deemed vacant if person elected or appointed fails 

to be qualified within ten days, 43 



B. 

Bail or sureties, excessive, not to be required, .... 9 

Bills, money, to originate in the house of representatives, . . 17 
Bills and resolves, to be laid before governor for revisal, . . 10 
to have force of law if signed by governor, .... 10 
if objected to by governor in writing, to be returned to 
branch in which originated, and may be passed by two- 
thirds of each branch present and voting thereon by yeas 

and nays, 10 

if not returned by governor within 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 2)olitic, formation and nature of, ..... . 3 

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

c. 

Census of ratable polls, 38 

of inhabitants, 40, 44, 45 

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

every tenth year thereafter, ...... 44, 46 

enumeration of voters to determine the apportionment of 

representatives, 44 



INDEX TO THE CONSTITUTION. 53 

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

thereof, 34 

Civil officers, meeting for election to be held annually on the Tues- 
day next after the tirst Monday in November, ... 41 
whose election is jDrovided 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, agricultui'e and the arts, to be encouraged, ... 29 
Commissary-genei'al, appointed and commissioned as fixed by law, 25, 35 
Commission officers, tenure of office to be expressed in commissions, 26 
Commissioners of insolvency, elected by the people of the several 

counties ; annulled , 44, 49 

Commissions, to be in the name of the commonwealth, signed by 
governor, attested by the secretary, and have the great 

seal affixed, 32 

Congress, delegates to, 27 

members of, may not hold certain state offices, ... 36 
Constitution, amendment to, proposed in the general court, agreed 
to by a majority of senators and two-thirds of the house 
present and voting thereon by yeas and nays ; entered 
upon the journals of both houses, and referred to the next 
general court ; if the next general court agrees to the 
proposition in the same manner and to the same eftect, it 
shall be submitted to the people, and, if approved by them 
by a majority vote, becomes a part of the constitution, . 36, 37 

Constitution, provisions for revising, 33, 36 

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

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

Coroners, 21 

Corruption or bribery used in jjrocuring any appointment or elec- 
tion, to disqualify from holding any office of trust, etc., . 32 
Council, five members to constitute a quorum, .... 24 

eight councillors to be elected annually, 24, 42 

election to be determined by rule required in that of gov- 
ernor, 42 

to take oath of office before the president of the senate in 

presence of both houses of assembly, .... 29 

to rank next after the lieutenant-governor, .... 25 

resolutions and advice to be recorded in a register, and signed 

by the membei's present, ....... 25 

register of council may be called for by either house, . . 25 
to exercise the i)o\ver of governor when office of governor 

and lieutenant-governor is vacant, 25 



54 



INDEX TO THE CONSTITUTION. 



Council, no projjerty qualification required, 

eight districts to be formed, each composed of five contiguous 
senatorial districts, ........ 

eligible to election if an inhabitant of state for five ^ears j^re- 
ceding election, ......... 

term of office, 

vacancy to be filled by election of a resident of the district by 
concurrent vote of the senate and house ; if legislature is 
not in session, to be filled by governor with advice of 
council, . . . . . 
Court, superior, judges not to hold certain other offices. 
Court, supreme judicial, jvidges to have honorable salaries fixed 
by standing laws, and to hold office during good be- 
havior, . 

judges not to hold certain other offices, 

to give oifinions i;pon important questions of law, etc., when 
required by eitlier branch of the legislature or by the 
governor and council, ...... 

Courts, clerks of, elected by the people of the several counties, 

Courts, probate, provisions for holding, 

registers elected by the j^eople of the several counties, . 
Courts and judicatories may be established by the general covirt, 

may administer oaths or affirmations, .... 
Crimes and off"ences, prosecutions for, regxilated, . 
Crimes to be jjroved in the vicinity of where they happen, , 



Page 
41 

42 

42 
37 



47 
36 



9,23 
36 



26 
44 
26 
44 
11 
11 
7 
7 



Debate, freedom of, in the legislature, 

Declaration of the rights of the inhabitants, .... 

Declaration and oaths of officers ; tests abolished, . . .29 
Delegates to congress, ........ 

Departments, legislative, executive and judicial, to be kept separate 
District attorneys, elected I)}* the people of the several districts, 
Districts, councillor, eight, each to be composed of five contiguous 

senatorial districts, . 

Districts, senatorial, forty, to be of adjacent territory, and to con 

tain as near as may be an equal number of voters, . 
Districts, representative, to be established by commissioners in the 

several counties, ....... 

Divorce, alimony, etc., 



4 

35,36 

27 

9 
44 

42 

46 

39,45 
27 



E. 

Educational interests to be cherished, 29 

Elections ought to be free, 6 

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



INDEX TO THE CONSTITUTION. 55 

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

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

on fourth Monday in November, 41, 42 

Election returns, 13,42 

Enacting style of laws, established, 33 

Equality and natural rights of all men, 4 

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

Ex post facto 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 ofiicers, and 

prescribe their duties, 11 

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

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

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



56 



INDEX TO THE CONSTITUTION. 



Page 
26 
32 



General court, judicial officers may be removed upon address of, 

person convicted of bribery, not to hold seat in, 

may increase property qualifications of persons to be elected 
to office, 

certain officers not to have seats in, , 

may be prorogued by governor and council for ninety days, if 
houses disagree, etc., 

to elect major-generals by concurrent vote, 

empowered to charter cities, 

to determine election of governor, lieutenant-governor and 
councillors, 41 

to prescribe by law for election of sheriflfs, registers of pro- 
bate and commissioners of insolvency by the people of 
the counties, and district attorneys by the people of the 
districts, 44 

quorum, to consist of a majority of members, .... 48 

Government, objects of, . 3,5,6 

Government by the people, as a free, sovereign and indei^endent 

state, . 5 

Governor, the supreme executive magistrate, styled, — The Gov- 
ernor of the Commonwealth of Massachusetts ; with the 
title of, — His Excellency ; elected annually, . 

qualifications, 

term of office, 

should have an honorable stated salary, . 

the commander-in-chief, of the army and navy, but may not 
oblige them to go out of the limits of the state, 

to appoint the adjutant-genei'al, . ... 

may call together the covmcillors at any time, . 

not to hold certain other offices, 

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

to sign all commissions, 

election determined by the legislature, .... 

veto power, 

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

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

with advice of council, may adjourn or prorogue the legislat- 
ure upon request, and convene the same, ... 

may adjourn or prorogue the legislature for not exceeding 
ninety days when houses disagree, or may direct session 
to be held in other than the usual place in case of an in- 
fectious distemper prevailing, ..... 

to appoint all judicial officers, notaries public and coroners; 
nominations to be made at least seven days before ap- 
pointment, 21, 35 



18 
18,36,48 
37 
23 



20,21 
22 
19 
31 

31 

32 

42,43 

10 



24 



25 



19 



19 



INDEX TO THE CONSTITUTION. 57 



Governor, to appoint officers of the continental army, ... 22 
may pardon ofienees, but not before conviction, ... 21 
may fill vacancy in council occurring when legislature is not 

in session, .......... 47 

with consent of council, may remove judicial officers, upon 

the address of both houses of the legislature, ... 26 
Governor and coimcil, to examine election returns, . . .14, 42 
may punish persons gviilty of disrespect, etc., by imprison- 
ment not exceeding thirty days, 17, 18 

quorum to consist of governor and at least five members of 

the council, 19 

may require the attendance of the secretary of the common- 
wealth in person or by deputy, 26 



H. 

Habeas corpus, privilege of writ to be enjoyed in the most ample 
■ manner, and not to be suspended by legislature except 

upon most urgent occasions, 32 

Harvard College, powers and privileges, gifts, grants and convey- 
ances confirmed, 27, 28 

board of overseers established, but the government of the 

college may be altered by legislature, .... 28 

officers may be elected members of the general court, . . 47 
Hereditary offices and privileges, absurd and unnatural, . .5,6 
House of representatives, members may be instructed by the people, 8 

a representation of the people annually elected and founded 

upon the principle of equality, ...... 16 

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

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

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

large upon records, ........ 10 

qualifications of members, ...... 17,41,45 

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

members not to be arrested on mesne process during going 

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

the grand inquest of the commonwealth, 17 

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

concur with amendments, 17 

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

quorum of, 17,45,48 

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

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



58 INDEX TO THE CONSTITUTION. 

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

may require the attendance of secretary of tlie 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 vipon 
solemn occasions, ........ 26 

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

first Monday of November, 41 

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

Monday of November, 41, 42 

to consist of two hundred and forty members, apportioned to 
the several counties equally, according to relative num- 
ber of legal voters, 44 

commissioners to divide counties into representative districts 
of contiguous territory, but no town or ward of a city to 
be divided, .......... 45 

no district entitled to elect more than three representatives, . 45 

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

I. 

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

indictment, 15, 16 

Incompatible offices, . . 31,36 

" 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 honorable salaries established by 
standing laws, ........ 9,23,26 

to give opinions upon important questions of law, etc., when 
required by the governor and council, or either branch of 

legislature, 26 

not to hold certain other offices, 31 

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

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

Judicial department, not to exercise legislative or executive j^owers, 9 



INDEX TO THE CONSTITUTION. 59 

Page 
Judicial officers, appointed by the governor with consent of coun- 
cil ; ziominations 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 oiHce 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-martial, only those employed in the army and navy, and the 
militia in actual service, subject to, except Ijy 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, jjrohibited as unjust and inconsistent with free 

government, 9 

of province, colony and state, not rej^ugnant 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 jiress, essential to the security of freedom, . . 8 
Lieutenant-governor, to be annually elected in November, — title 
of, His Honor ; who shall be qualified same as gov- 
ernor, 23,37,41,48 

in the absence of governor, to be president of the council, . 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 j^res- 

ence of both houses, . . 31 

not to hold certain other offices, 31 

term of office, 37 

Literatiu'e and the sciences to be encouraged, .... 29 

M. 

Magisti-ates and officers, accountable to the people, ... 5 

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

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

concurrent vote, 21 

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

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



60 



INDEX TO THE CONSTITUTION. 



Martial law, only those employed in the army and navy, and the 
militia in actual service, subjec-t to, except by authority 

of legislature, . 

Military power, subordinate to civil authority, 

Militia, not to be obliged by commander-in-chief to march out of 

the limits of the state, 

captains and subalterns, elected by the train-bands, 

all members of companies may vote, including minors, . 

field officei's, elected by captains and subalterns, 

brigadiers, elected by field ofiicers, 

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 staft' officers, ...... 

organization ; divisions, brigades, regiments and companies, 
Money, issued from treasury by warrant of governor, etc., . 

mentioned in the constitution, to be computed in silver at six 
shillings and eight pence per ounce, .... 

Money bills, to originate in house of representatives. 

Moneys, raised or appropriated for ]niblic or common schools, not 

to be applied for sujjport of sectarian schools, . 
Moral obligations of lawgivers and magistrates, . 
Moral qualifications for oflSee, 



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, .... 35 
Objects of government, ..... 
Olfences and crimes, prosecutions for, regulated, 
Office of trust, jierson convicted of bribery, etc., not to hold, 

Office, rotation in, right secured, 

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



3,6 

7 

32 

6 

6 



INDEX TO THE CONSTITUTION. Gl 

Page 
Office, no person eligible to, unless they can read and write, . 44 

Officers, civil, legislature may provide for the naming and settling 

of, 11 

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

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

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

Officers of former government, continued, 33 

Officers of tlie militia, election and appointment of, . . . 21 

removal of, 22, 35 

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

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

and judges, 31,36 

incompatible, 31,32,36 

Organization of the militia, 22 



P. 

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

not before conviction, . 21 

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

have a right to keep and to bear arms for the public defence, 8 
have a right to assemble to consult upon the common good, to 

instruct their representatives, and to petition legislature, 8 

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

Petition, right of, ... 8 

Plantations, unincorporated, tax-paying inhabitants may vote for 

councillors and senators, 14 

Plurality of offices, 31 

of votes, election of civil officers by, 41 

Political year, begins on the first Wednesday of January, . . 37 

Polls, ratable, census of, . . 38 

Preamble to constitution, 3 

Press, liljerty of, essential to the security of freedom, ... 8 
Private property taken for public uses, compensation to be made 

for, 6 

Probate courts, i^rovisions for holding, 26 

registers, elected by the peojile of the several counties, . . 21,44 

judges may not hold certain other offices, .... 36 

Property qualification, may ]je increased by the legislature, . . 32 

partially abolished, 41 

of governor, annulled, 48 

Prosecutions for crimes and offences regulated, .... 7 
Provincial laws, not repugnant to the constitution, continued in 

force, 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 qualilications equally eli- 
gible, 6 

Public notary (see Notary public). 

Public religious worship, right and duty of, 4 

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



Quakers, may make affirmation, 30, 36 

Qualification of persons to be elected to office may be increased by 

the legislature, 32 

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

Qualification, jjroperty, partially abolished, 41 

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

of governor, .18,43,48 

of lieutenant-governor, 23,43,48 

of councillors, 41,43 

of senators, 15,40,46 

of representatives, ........ 16,41,45 

of secretary, treasurer, auditor, and attorney-general, . . 43 
Qualifications, moral, of officers and magistrates, .... 8 

Quartermasters, appointed by commanding officers of regiments, . 22 

Quorum, of council, 19, 24, 42 

of senate, 16,46,48 

of house of representatives, 17,45,48 

K. 

Ratable polls, census of, 38 

Reading and writing, knowledge of, necessary qualifications for 

voting or holding office, ....... 44 

Records of the commonwealth to be kept in the office of the secre- 
tary, 26 

Register of the council, resolutions and advice to be recorded in, 

and signed by members present, 25 

Registers of probate, chosen by the people of the several counties, 21, 44 

Religious denominations, equal protei-tion secured to all, . . 5, 38 
Religious sect or denomination, no subordination of one to another 

to be established by law, 5,38 

Religious societies, may elect their own pastors or religious teachers, 5, 38 

membership of, defined, 38 

Religious worship, pul^lic, right and duty of, and protection therein, 4 
support of the ministry, and erection and repair of houses of 

worshi}), 4, 5, 38 



INDEX TO THE CONSTITUTION. 63 

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

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

Returns of Azotes, 13,19,42,43 

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



s. 

Sailoi's and soldiers, who have served, etc., during time of war, not 
disqualified from voting on account of non-payment of 

poll tax, 48 

Salary, a stated and honorable salary to be established for the 

governor, 23 

permanent and honorable salaries to be established for the 
justices of the supreme judicial court, and to be enlarged 

if not sufficient, 9,23 

School moneys, not to be apjjropriated 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 2>ersons having the highest number of votes 
at November election, 43 

vacancy occurring during session of the legislature, filled by 

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

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

not eligible, 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 they shall require, ..... 26 

to attest all commissions, 32 

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



64 INDEX TO THE CONSTITUTION. 

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

Self-governnient, right of, asserted, 5 

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

to consist of forty members, apportionment, etc., . . 12, 39, 46 

to be chosen annually, 13 

governor and at least five councillors, to examine and count 

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

their own members, 14 

vacancy to be filled by election, by jieople 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 ofiicers and establish rules, 15 

shall try all impeachments, 15, 17 

quorum of, 16, 46, 48 

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

may require the opinions of the justices of the supreme 
judicial court upon important questions of law, and upon 

solemn occasions, . 26 

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

resolve, at large on records, 10 

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

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

apportionment based upon legal voters, 46 

Sheriffs, elected by the people of the several counties, . . .21,44 
Silver, value of money mentioned in the constitution to be computed 

in silver at six shillings and eight jjence per ounce, . 32 

Soldier, not to be quartered in any house, in time of jjeace, 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-jjayment of poll 

tax, 48 

Solicitor-general, 21 

Standing armies, dangerous to liberty and not to be maintained 

witliout consent of the legislature, 8 

State or body jiolitic, 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 ofiices, 31,36 

Sureties of bail, excessive, not to be required, .... 9 



INDEX TO THE CONSTITUTION. 65 

T. 

I'age 

Taxation should be founded on consent, 6,8 

Taxes, not to be levied without the consent of the people or their 

representatives, 8 

may be imposed by the legislature, 12 

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

years, 12 

Tenure that all commission officers shall by law have in their 

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

Tests abolished, 36 

Title of body jjolitic, — 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 j^aid 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 people an- 
nually in November, 25, 26, 43 

to hold office for one year from third Wednesday in January- 
next thereafter, and until another is chosen and qualified, 43 
manner of election, etc., same as governor, .... 43 
not eligible, unless an inhabitant of the state for five years 

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

at November election, 43 

vacancy occurring during session of the legislature, filled by 

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

office to be deemed vacant if person elected or appointed fails 

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

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

governor, except, etc., 22 

Trial by jury, right to, secured, 7 

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



66 INDEX TO THE CONSTITUTION. 

u. 

Page 
University at Cambridge, 27, 28, 47 



Y. 

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

Vacancy in offices of governor and lieutenant-governor, powers 

to be exercised by the council, 25 

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

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

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

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

election, 43 

occurring during session of legislature, filled by joint ballot 

of legislature from people at large, 43 

occurring when legislature is not in session, to be filled by 

governor, by apiiointment, 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 jjaid 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 representatives 

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 

])lurality of, to elect civil officers, ...... 41 

Voting precincts in towns, 47 



INDEX TO THE CONSTITUTION. 67 



Page 
Worship, public, the right and duty of all men, .... 4 
Writ of habeas corpus, to be enjoyed in the most free, easy, cheap 
and expeditious manner, and not to be suspended by 
legislature, except for a limited time, .... 32 
Writing and reading, necessary qualifications for voting, or hold- 
ing office, 44 

Writs, to be issued in the name of the commonwealth under the 
seal of the court, bear test of the first justice, and be 
signed by the clerk, 32 



Y. 

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



ACTS AND EESOLVES 



MASSACHUSETTS. 



1905. 



ly The General Court of the year nineteen hundred and live assembled on 
Wednesday, the fourth day of January. The oaths of office were taken and 
subscribed by His Excellency William L. Douglas and His Honor Cuktis 
Guild, Jr., on Thursday, the fifth day of January, in the presence of the two 
Houses assembled in convention. 



ACTS. 



An Act making appropriations for the compensation of (JJiqij^ X 

THE MEMBERS OF THE GENERAL COURT, FOR THE COMPENSA- 
TION OF THE OFFICERS THEREOF, AND FOR EXPENSES IN 
CONNECTION THEREWITH. 

Be it enacted hy the Senate and House of Representatives in 
General Court assembled, and hy the authority of tlie same, 
as follows: 

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

For the compensation of senators, thirty thousand seven Scujitors, 

1 -I 1 Till', in coinucnsation. 

hundred and fiity dollars. 

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

For the compensation of representatives, one hundred ^^!{!g'^®*'"'''*" 
and eighty thousand seven hundred and fifty dollars. coinpcnsution. 

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

For the salaries of the clerks of the senate and house of housc'^cto-kB. 
representatives, six thousand dollars. 

For the salaries of the assistant clerks of the senate and ^lei-jfa.""* 
house of rci^resentatives, four thousand dollars. 

For such additional clerical assistance to the clerk of the clerical 
senate as may be necessary for the proper despatch of pub- cforkof senate, 
lie business, a sum not exceeding fifteen hundred dollars. 

For such additional clerical assistance to the clerk of the clerical 
house of representatives as may be necessary for the jiroper cierk of house, 
despatch of public business, a sum not exceeding two thou- 
sand dollars. 

For the compensation of the chaplains of the senate and tJiiapiains. 
house of representatives, six hundred d(^llars. 

For the salary of the sergeant-at-arms, thirty-five litin- scrwantat- 
dred dollars. 

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



Acts, 1905. — Cii.u\ 1. 



Oaeliier. 



ExpcneuB. 



Doorkeepers. 



I'ostniaster, 
iiiesscngerB, 
etc. 



I'rintinc; and 
hiniliiii;, Hi'tiatc 
aiKl liuiisc. 



Manual. 



Senate, 
stationery. 

House, 
stationery. 



Serseant-at- 
arnis, 
stationery, etc. 



Senate ami 
house, contin- 
gent expenses 



Expenses of 
committees. 



Advertising 
hearings. 



Witness fees, 
etc.. 



T'nl)lication of 
Inilletin. 



For the salary of the cashier of the sergeant-at-arms, a 
sum not exceeding one thousand doHars. 

For incidental and contingent expenses of the sergeant- 
at-arms, and expense of mailing legislative bulletins, a 
sum not exceeding four hundred and fifty dollars. 

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

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

For printing and binding ordered by the senate and 
house of representatives, or by concurrent order of the two 
branches, a sum not exceeding thirty-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 forty-five 
hundred dollars. 

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

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

For lx)oks, stationery, postage, printing and advertising, 
ordered by the sergeant-at-arms, a sum not exceeding one 
thousand dollars. 

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

For authorized expenses of committees of the present 
general court, to include clerical assistance to committees 
authorized to employ the same, a sum not exceeding ten 
thousand dollars. 

For expenses of advertising hearings of the committees 
of the present general court, to include expenses of prepar- 
ing and mailing the advertisements to the various news- 
papers, a sum not exceeding fifteen thousand dollars. 

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

For expenses in connection with the publication of the 
bulletin of committee hearings, a sum not exceeding forty- 
five hundred dollars. 

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

Approved January 11, 1905. 



Acts, 1905. — Chap. 2. 



An Act making appropriations for salaries and ex- 
penses IN THE EXECUTIVE DEPARTMENT OP THE COMMON- 
WEALTH. 



Chap. 2 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Apinoima- 
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 five, to wit : — 

For the compensation of the lieutenant governor, two Lieutenant 
thousand dollars; and for that of the executive council, couhhT "'"' 
sixty-four hundred dollars. ccnipeneation. 

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

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

For the salary of the executive secretary, twenty-five Executive 
hundred dollars. secieaij. 

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

For clerical assistance for the executive department, a cierieai 
sum not exceeding one thousand dollars. assistance. 

For the salary of the executive messenger, one thousand ^'essenger. 
dollars. 

For the salary of the assistant executive messenger. Assistant. 
eight hundred dollars. 

For contingent expenses of the executive department. Executive 
a sum not exceeding three thousand dollars. expenses. ' 

For postage, printing and stationery for the executive Postage, 
department, a sum not exceeding eight hundred dollars, i"'"'''"^'' *^^'"- 

For travelling and contingent expenses of the governor Governor and 
and council, a sum not exceeding twenty-five hundred expenses. 
dollars. 

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

For the payment of extraordinary expenses, to be ex- Extr'aonii- 
pended under the direction of the governor and council, a »•'»>■ ^^^i'^'"**'"- 
sum not exceeding fifteen thousand dollars. 

For the preparation of tables and indexes relating to the indexes to 
statutes of the present year and of previous years, a snm **^=''"^^'*^- 
not exceeding five hundred dollars. 



G 



Acts, 1905. — Chap. 3. 



Arrest of 
lujtitives from 
justice. 



For expenses incurred in the arrest of fngiti^'es from 
jnstiee, a snm not exceeding one thousand doHars. 

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

Approved January 26, 1905. 



Chap. 



Appropria- 
tions. 



Ax Act making appkopriatioxs for salaries axd expexses 
IX the judicial departmext of the commoxwealtii. 

Be it enacted,, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to he paid out of the treasury of the Commonwealth 
from the oi'dinary revenue, for the purposes specified, for 
the year ending on the thirty-first day of Deceml)er, nine- 
teen hundred and five, to wit : — 



Supreme 
judicial court, 
justices. 



Clerk. 



Clerical assist- 
an<-e to clerk. 



Clerical 
assistance to 
justices. 



Expenses. 



Reporter of 
decisions, etc. 



Officers and 
messenger. 



Clerk for 
Suffolk. 



supreme judicial court. 

For travelling expenses of the chief justice and of the 
six associate justices of the supreme judicial court, thirty- 
five hundred dollars. 

For the salary of the clerk of tlie supreme judicial court, 
three thousand dollars. 

For clerical assistance to the clerk of the supreme judi- 
cial court, five hundred dollars. 

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

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

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

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

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



Superior 
court, justices. 



Assistant 
clerk. 



SUPERIOR COURT. 

For the salaries and travelling expenses of the chief 
justice and of the twenty-two associate justices of the 
superior court, one hundred and sixty-one thousand five 
Imndred dollars. 

For the salary of tlie assistant clerk of the superior 
court, five hundred dollnrs. 



Acts, 1905. — Chap. 3. 



COURTS OF PKOBATE AJ^D IIN^SOLVENCY. 



For the salary of the judge of probate and insolvency Probate ami 
for the county of Barnstable, fourteen hundred dollars, jufigif^s?**^^ 

For the salary of the judge of probate and insolvency |!"^"^''.'',''®" 
for the county of Berkshire, twenty-five hundred dollars. 

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

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

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

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

For the salary of the judge of probate and insolvency iiampden. 
for the county of Hampden, thirty-two hundred dollars. 

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

For the salaries of the two judges of probate and insol- Mi'Wicsex. 
vency for the county of Middlesex, ten thousand dollars. 

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

For the salary of the judge of probate and insolvency Norfolk. 
for the county of Norfolk, four thousand dollars. 

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

For the salaries of the two judges of probate and insol- Suffolk. 
vency for the county of Suffolk, twelve thousand dollars. 

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

For the compensation of judges of probate and insol- Acting in other 

. ^ . . '' P , t counties. 

vency acting m other counties than their own, a siun not 
exceeding three thousand dollars. 

For the salary of the register of probate and insolvency Register, 
for the county of Barnstable, thirteen hundred dollars. 

For the salary of the register of probate and insolvency Berkshire. 
for the county of Berkshire, eighteen hundred dollars. 

For the salary of the register of probate and insolvency Bristol, 
for the county of Bristol, thirty-three hundred dollars. 

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

For the salary of the register of ]irobate and insolvency Essex. 
for the county of Essex, thirty-five hundred dollars. 



8 

Franklin. 

Hampden. 

Hampshire. 

Middlesex. 

Nantucket. 

Norfolk. 

Plymouth. 

Suffolk. 

Worcester. 



Assistant 

register, 

Uerkshire. 



Bristol. 



Essex. 



Franklin. 



Hampden. 



Hampslnre. 



Miildlesex. 



Norfolk. 



Suffolk. 



Acts, 1905. — Chap. 3. 

For tlic salary of the register of probate and insolvency 
for the county of Franklin, fifteen hundred dollars. 

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

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

For the salary of the register of probate and insolvency 
for the county of Middlesex, four thousand dollars. 

For the salary of the register of probate and insolvency 
for the county of jSTantuckct, nine hundred dollars. 

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

For the salary of the register of probate and insolvency 
for the county of Plymouth, nineteen hundred dollars. 

For the salary of the register of probate and insolvency 
for the county of Suffolk, five thousand dollars. 

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

For the salary of the assistant register of probate and 
insolvency for the county of Berkshire, eight hundred 
dollars. 

For the salary of -the assistant register of probate and 
insolvency for the county of Bristol, sixteen hundred and 
fifty dollars. 

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

For the salary of the assistant register of probate and 
insolvency for the county of Franklin, six hundred dollars. 

For the salary of the assistant register of prol>ate and 
insolvency for the county of Hampden, thirteen hundred 
dollars. 

For the salary of the assistant register of probate and 
insolvency for the county of Hampshire, seven hundred 
dollars. 

For the salary of the assistant register of prol)ate and 
insolvency for the county of Middlesex, twenty-se^'en hun- 
dred dollars. 

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

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



Acts, 1905. — Chap. 3. 9 

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

For extra clerical assistance to the register of probate clerical 
and insolvency for tlie county of Bristol, a sum not ex- MstoL^* 
ceeding four hundred dollars. 

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

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

For extra clerical assistance to the register of probate Middlesex, 
and insolvency for the county of Middlesex, a sum not ex- 
ceeding fifty-five hundred dollars. 

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

For extra clerical assistance to the register of probate Plymouth, 
and insolvency for the county of Plymouth, a sum not ex- 
ceeding nine hundred dollars. 

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

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

For the salary of the clerk of the register of probate and ^|!!;[^ti"/ 
insolvency for the county of Suffolk, twelve hundred dol- siriToik.' 
lars. 

For extra clerical assistance to the courts of probate and ,V^l,f,'',''i,!g^,t'^"' 
insolvency in the several counties of the Commonwealth, cept suHoik. 
excepting Suffolk county, a sum not exceeding eleven 
thousand three hundred thirty-three dollars and thirty- 
three cents. 

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



DISTRICT ATTORNEYS. 

For the salary of the district attorney for the Suffolk .Vu^f '.,',",?;., 
district, five thousand dollars. surtoiu: 

For tlie salary of the first assistant district attorney for First asf^istant. 
the Suffolk district, thirty-eiglit huudrod dollars. 



10 



Acts, 1905. — Chap. 4. 



Second 

assistant. 



Clerk. 



Xortheru 
district. 



Assistant. 



Eastern 
district. 



Southeastern 
district. 



Assistant. 



Soutlieru 
disstrict. 



Middle 
district. 



Western 
district. 



Northwestern 
district. 



For the salary of the second assistant district attorney 
for the 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. 

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

For the salary of the assistant district attorney for the 
eastern district, fourteen hundred dollars. 

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

For the salary of the assistant district attorney for the 
southeastern district, fourteen hundred dollars. 

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

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

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

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

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

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

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

Approved Janvary 20, 1905. 



Chap. 4 



Ajipropria- 
tions. 



Auditor. 



An Act making appropriations for salaries and expenses 
IN the department of the auditor of the common- 
wealth. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
l^riated, to he paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the purposes specified, for 
the year ending on the thirtv-first day of December, nine- 
teen himdred and five, to wit : — 

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



Acts, 1905. — Chap. 5. 11 

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

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

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

For stenographers and such additional clerical assist- stenogni- 

~ A , pliers, etc. 

ance as the auditor may find necessary for the proper 
despatch of puhlic business, a sum not exceeding forty- 
five hundred dollars. 

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

For the compensation of a state printing expert, a sum Printinj? 
not exceeding fifteen hundred dollars. *^^'''^' ' 

For incidental and contingent expenses in the auditor's Exiieuscs. 
department, a sum not exceeding fifteen hundred dollars. 

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

Approved January 26, 1005. 

An Act makixg appropriatioxs for salaries ax^d expenses (Jj^fuy 5 

IN THE OFFICE OF THE STATE BOARD OF HEALTH. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria. 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the state board of health, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and five, to wit: — 

For the salarv of the secretary of the board, three thou- state board 

Tin' "^ ' ofliealth, 

sand dollars. secretary. 

For the general work of the l)oard, including all neces- Expenses, 
sary travelling expenses, a sum not exceeding eighteen 
thousand dollars. 

For salaries and other expenses in connection with the insiicction 
ins])cction of milk, food and drugs, a sum not exceeding and drugs, 
twelve thousand five hundred dollars. 

For expenses of the examination of sewer outlets, a sum Examination 
not exceeding seven thousand five hundred dollars. outlets. 

For the production and distribution of antitoxin and J{i.*^'7)ranti"' 
vaccine Ivmph, a sum not exceedino; ten thousand dollars, toxin and 

•^. ♦ ,,.,. '^, v.-K'cme Ivniph. 

For printing and binding the annual report, a sum not Annual report, 
exceeding four thousand dollars. 

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

Approved January 20, 1905. 



12 



Acts, 1905. — Chaps. 6, 7. 



Chap. 6 Ax Act makixg appropriations for the compensation 

AND EXPENSES OF THE BALLOT LAW COMMISSION. 

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 five, 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 one hundred and fifty dollars. 

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

Approved January 2G, 1905. 



Appropria- 
tions. 



Rallot law 
commission. 

Expenses. 



Chap. 



A pjiropria- 
tions. 



Cliief of 
bureau of sta- 
tistics of lalKir. 

First clerk. 

Second clerk. 

Special agents. 



Clerical 
assistance. 



Statistics of 
manufactures. 



Expenses of 
special census. 



Annual 
reports. 



7 An Act making appropriations for salaries and expenses 

IN the bureau of STATISTICS OF LABOR. 

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 bureau of statistics of 
labor, for the ly'^ar ending on the thirty-first day of Decem- 
ber, nineteen hundred and five, to wit : — 

For the salary of the chief of the bureau, three thousand 
dollars. 

For the salary of the first clerk, two thousand dollars. 

For the salary of the second clerk, sixteen hundred and 
fifty dollars. 

For the salaries of the two special agents of the bureau, 
the sum of twenty-four hundred dollars. 

For such additional clerical assistance and for such other 
expenses of the bureau as may be necessary, a sum not ex- 
ceeding 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 dol- 
lars. 

For ])rintiiig and binding the annual reports of the 



Acts, 1905. — Chaps. 8, 9. 1.3 

bureau of statistics of labor, a sum not exceeding four 
thousand dollars. 

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

Approved Jcuiuarij 2G, 1005. 



An Act making appropriations for the salaries and QJff/p g 

EXPENSES OF THE STATE BOARD OF CONCILIATION AND ARBI- 
TRATION. 



Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropiia- 
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 five, to wit : — 

For the salaries of the members of the state board of JJUfj^^aUon 
conciliation and arbitration, seventy-five hundred dollars. »^tc. 

For the salary of the clerk of the state board of concilia- cierk. 
tion and arbitration, fifteen hundred dollars. 

For travelling, incidental and contingent expenses of Expenses, 
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 
eleven thousand six hundred dollars. 

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

Approved January 26, 1905. 

An Act making appropriations for salaries and expenses QJiap, 9 
IN the office of the controller of county accounts. 

Be it enacted, etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- Ai.propria- 
priated, to be paid out of the treasury of the Commonwealth 
fi'om the ordinary revenue, for the purposes specified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and five, to wit: — 

For the salary of the controller of county accounts, controller 
twenty-five hundred dollars. accounts. 

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

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

For the salary of the thii'd deputy controller of county Tiiird deputy, 
accounts, twelve hundred dollars. 



14 



Acts, 1905. — CnArs. 10, 11. 



Expcuscs. 



For travelling and office expenses of the controller of 
connty accounts and of bis deputies, to include printing and 
binding the annual report, a sum not exceeding fourteen 
bundred and fifty dollars. 

Section 2. Tbis act sball take effect upon its passage. 

Approved January 26, 1905. 



Chap. 10 -^N ^^^T MAKING APPROPRIATIONS FOR THE COMPENSATION 
AND EXPENSES OF THE CIVIL SERVICE COMMISSIONERS. 



Aijproiiria- 
tions. 



Civil service 
coniniiesiou. 



Chief 
examiner. 

Secretary. 



Registrar 
of labor. 

Expenses. 



Annual report. 



Be it enacted, etc., as follows: 

Section 1. Tbe sums bercinafter mentioned are appro- 
priated, to be paid out of tbe treasury of tbe Commonwealtb 
from tbe ordinary revenue, for tbe purposes specified, for 
tbe year ending on tbe tbirty-first day of December, nine- 
teen bundred and five, to wit : — 

For tbe compensation and expenses of tbe members of 
tbe civil service commission, a sum not exceeding two tliou- 
sand dollars. 

For tbe salary of tbe cbief examiner of tbe civil service 
commission, tliree tbousand dollars. 

For tbe salary of tbe secretary of tbe civil service com- 
mission, tAvo tbousand dollars. 

For tbe salary of tbe registrar of labor of tbe civil service 
commission, two tbousand dollars. 

For clerical assistance, and for office, printing, travelling 
and incidental expenses of tbe commissioners, cbief ex- 
aminer and secretary, and for advertising and stationery, 
a sum not exceeding sixteen tbousand seven bundred dol- 
lars. 

For printing and binding ten tbousand copies of tbe 
annual report of tbe civil service commission, a sum not 
exceeding eigbt bundred and fifty dollars. 

Section 2. Tbis act sball take effect upon its passage. 

Approved January 26, 1905. 



Chap. 11 ^^N Act making appropriations for printing and bind- 
ing PUBLIC DOCUMENTS, FOR PURCHASING PAPER, AND FOR 
publishing laws and matters relating to ELECTIONS. 



Appropria- 
tions. 



Be it enacted, etc., as follows: 

Section 1. Tbe sums bereinafter mentioned are a]ipro- 
priated, to be paid out of tbe treasury of tbe Commonwealtb 
from tbe ordinary revenue, for tbe purposes specified, for 



Acts, 1905. — CiiAr. 12. 15 

the year ending on the thirty-first day of December, nine- 
teen hundred and five, to wit : — 

For printing and binding the series of public documents, Puhiic 
a sum not exceeding eighteen thousand dollars. aocuments. 

For i3rinting the pamphlet edition of the acts and r'jimphiet 

I J. T ~ 11. 1 . /. edition, jtctB 

resolves oi the present year, a sum not exceeding four ami iceoivcs. 
thousand dollars. 

For printing and binding the blue book edition of the Blue book, 
acts and resolves of the present year, a sum not exceeding 
seven thousand dollars. 

For the newspaiier iniblication of the e-eneral laws and riibiiration 

... • • 1 1 7- 1 IT 1 • °' laws, etc. 

miormation mtentlcd lor the public, a sum not exceeding 
five hundred dollars. 

For reports of decisions of the supreme iudicial court, Kcrortsof 

dccisious or 

a sum not exceeding two thousand dollars. supreme ju.ii- 

For the purchase of paper used in the execution of the i>ii,.rhase 

contract for the state printing, a sum not exceeding thirty- "f piiper. 

six thousand dollars. 

For assessors' books and blanks, a sum not exceeding Assessors' 

fifteen hundred dollars. joo.s, c.. 

For registration books and blanks, indexinc; returns and Repstration 

,..,.. ' T 1 books, etc. 

editing the registration report, a sum not exceeding thirty- 
eight hundred dollars. 

For printing and distributing ballots, a sum not exceed- {^.[ji'^tg'"' '^^^'' 
ing ten thousand dollars. 

For blank forms for town officers, election laws and ^j];'"^ foims, 
blanks and instructions on all matters relating to elections, 
and the expense of advertising the state ticket, a sum not 
exceeding four thousand dollars. 

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

Approved January 26, 1005. 

An Act making an appropriation for the preservation Chan 1^ 

OP TOWN RECORDS OF BIRTHS, MARRIAGES AND DEATHS. ^ ' "^ 

Be it enacted, etc., as follows: 

Section 1. A sum not exceedine; fifteen thousand dol- rreecrvation 

. • 1 1 • 1 PI "' certain town 

lars IS hereby ap])ro]iriated, to be paid out of the treasury records, 
of the Commonwealth from the ordinary revenue, during 
the year ending on the thirty-first day of December, nine- 
teen hundred and five, for expenses in connection with the 
]ireservation of town records of births, marriages and 
deaths previous to the year eighteen hundred and fifty. 
Section 2. This act shall take effect upon its passage. 

Approved Januanj 26, 1905. 



16 Acts, 1905. — CiiArs. 13, 11, 15. 



Chap. 13 An Act making appkopkiations for the board of regis- 

TliATION IN DENTISTRY. 

Be it cnaclcd, etc., as follows: 

tidns!*'*"^'^ 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 board of registration in 
dentistry, for the year ending on the thirty-tirst day of 
December, nineteen hunih'cd and live, to wit: — 

For the sahiries of the members of the board, seven- 
dentistiy. teoii huudrcd doHars. 
xpcnses. j^^^^ clerical services, postage, printing, travelling and 

other necessary expenses of the board, including the print- 
ing of the annual report, a sum not exceeding twenty-two 
hundred and fifty dollars. 

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

Approved January 26, 1005. 



Bo;iril of 
tr;ition in 



Chap. 14 An Act making an appropriation for dredging a part 
or the southerly shore of south boston. 



?/southerVv^ Section 1. The suiii of twcuty-five thousand dollars 



Bo it enacted, etc., as follows: 

Section 1. The sum o 
^'J'g™ of South ig hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, to be ex- 
pended by the harbor and land commissioners in dredging 
a part of the southerly shore of South Boston during the 
year nineteen hundred and five. 

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

Approved January 26, 1905. 

Chap. 15 An Act making an appropriation for dredging the 
channel of the annisquam river in the city of 
gloucester. 

Bo it enacted, etc., as follows: 

Jiianncri f *^**'' Section 1. A suiii iiot excecdiiig seventeen thousand 
river^'^"'™ dollars is hereby appropriated, to be paid out of the treas- 
ury of the Commonwealth from the ordinary revenue, for 
the purpose of dredging and improving the channel of the 
Annisquam river between Gloucester harbor and AVolf 
Hill, as authorized by chapter eighty-eight of the resolves 
of the year nineteen hundred and four, the same to be in 
addition to the seventeen thousand dollars appropriated by 



Acts, 1905. — Chaps. lO, 17, 18. 17 

chapter four hundred and sixty-one of the acts of the year 
nineteen hundred and four. 

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

Approved January 2G, 1005. 

An Act making an appropbiation for surveys, improve- (JJiap. IG 

MENTS and preservation 01' HARBORS, AND FOR REPAIRING 
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 herehy Preservation 
appropriated, to be paid out of the treasury of the Com- etc. ' ' ' 
monwealth from the ordinary revenue, during the year 
ending on the thirty-first day of December, nineteen hun- 
dred and five, for surveys of harbors and for improving 
and preserving the same, and for repairing damages occa- 
sioned by storms along the coast line or river banks of the 
Commonwealth. 

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

Approved January 26, 1005. 

An Act making an appropriation for expenses in cox- (J]i(ip. 17 
nection with taking the decennial census. 

Be it enacted, etc., as follows: 

Section 1. The sum of two hundred and seventj^-five Taking the 
thousand dollars is hereby appropriated, to be paid out of census.' 
the treasury of the Commonwealth from the ordinary rev- 
enue, for taking the decennial census, as provided for by 
chapter four hundred and twenty-three of the acts of the 
year nineteen hundred and four; said sum to be in addi- 
tion to the lifteen thousand dollars appropriated by chapter 
four hundred and sixty-one of the acts of the year nineteen 
hundred and four. 

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

Approved January 27, 1905. 

An Act making appropriations for salaries and expenses (JJian^ Ig 
in the state library. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Api.n.pria. 
])riated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the state library, for the 



18 



Acts, 1905. — Chap. 19. 



year ending on the tliirty-first day of December, nineteen 
hundred and five, to wit : — 

For the salary of the librarian, three thousand dollars. 

For the purchase of books for the library, sixty-five hun- 
dred dollars. 

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

For preparing an index to current events and to such 
other matters contained in the newspapers of the day as 
may be deemed important by the trustees and librarian, a 
sum not exceeding one thousand dollars. 

For contingent expenses of the library, to be incurred 
under the direction of the trustees and librarian, a sum 
not exceeding twenty-five hundred dollars. 
Annual report. ]?qj. printing and binding the annual report of the libra- 
rian, a sum not exceeding eight hundred dollars. 

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

Approved Fchniary 2, 1905. 



state lil)rarian. 



Purchase of 
books. 



Clerical 
assistance 



Index to 
current events. 



Expenses. 



Chai}. 19 -^^ -^CT MAKING APPROPRIATIONS FOR THE MASSACHUSETTS 

AGRICULTURAL COLLEGE. 

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 Massachusetts Agri- 
cultural College, for the year ending on the thirty-first day 
of December, nineteen hundred and five, to wit : — 

For providing one hundred and twenty free scholarships, 
the sum of fifteen thousand dollars. 

For providing the theoretical and practical education re- 
quired by the charter of the college and by the laws of the 
United States relating thereto, the sum of thirteen thou- 
sand dollars. 

For the further maintenance of the college, the sum of 
ten thousand dollars, of Avhich five thousand dollars a year 
shall be used as a labor fund for the assistance of needy 
students. 

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

For maintenance of the heating and lighting plant of 
the college, the sum of five hundred dollars. 

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



Appropria- 
tions. 



Massacliusetts 

Agricultural 

College, 

scholarships. 

Theoretical 

and practical 

education. 



Labor fund, 
etc. 



Veterinary 
laboratory. 



Heating and 
lighting plant. 

Dining hall. 



Acts, 1905. — Chaps. 20, 21. 19 

For maintaining an agricultural experiment station at Agricultural 
the college, the sum of ten thousand five hundred dollars. statiou. 

For collecting and analyzing samples of concentrated giml^Iios^ot'^*^'' 
commercial feed stuffs, a sum not exceeding three thousand <-"ii<i'ntr;ited 

dollars. fee<l stuffs. 

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

For printing and binding the report of the trustees of ^ustees?* 
the college, a sum not exceeding eight hundred and fifty 
dollars. 

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

Approved February 2, 1905. 

An Act to autiiokize the universalist publishing house (Jhnjj on 

TO HOLD ADDITIONAL REAL AND PERSONAL ESTxVTE. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter two hundred and a'j/ie'n'^^eci^ ^' 
eighty-six of the acts of the year eighteen hundred and 
seventy-two is hereby amended by striking out the word 
" two ", in the third line, and inserting in place thereof 
the word : — five, — so as to read as follows : — Section 2. ^oYiU reaunci 
Said corporation may hold real and personal property 'JJ:^®,*^"*;^^ 
necessary for conducting its business to an amount not ex- 
ceeding five hundred thousand dollars in value. 

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

Approved February 2, 1905. 

An Act making an appropriation for protecting the (J/fnjj 21 

PURITY of inland WATERS. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding thirty-four thousand ?^j^rUv ^f^ 
dollars is hereby appropriated, to be paid out of the treas- iniaud waters. 
ury of the Commonwealth from the ordinary revenue, for 
the services of engineers, chemists, biologists and other per- 
sons, and for other expenses made necessary or authorized 
by chapter seventy-five of the Revised Laws, in protecting 
the purity of inland waters during the year nineteen hun- 
dred and five. 

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

Approved February 2, 1905. 



20 



Acts, 1905. — Chap. 22. 



Chap. 22 Ax Act making appropriations for salaries and expenses 

IN THE DEPARTMENT OF THE TREASURER AND RECEIVER 
GENERAL. 



Ai)iiroi>ria- 
tions. 



TreasurtT. 
First, clerk. 
!?ecoU(l clerk. 
Third clerk. 



Keceiving 
teller. 



I'ayiug teller. 



Assistant 
paying teller. 

Cashier. 



Assistant 
book keeper. 



Fund clerk. 



Warrant 
clerk. 



Files clerk. 



Legacy tax 
clerk. 



Stenographer. 
Messenger. 



Clerical 
assistance. 



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 purj)oses specified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and five, to wit : — 

For the sahiry of the treasurer and receiver general of 
the Commonwealth, five thousand dollars. 

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

For the salary of the second clerk in the treasurer's de- 
partment, twenty-one hundred dollars. 

For the salary of the third clerk in the treasurer's de- 
partment, eighteen hundred dollars. 

For the salary of the receiving teller in the treasurer's 
department, eighteen hundred dollars. 

For the salary of the paying teller in the treasurer's 
department, eighteen hundred dollars. 

For the salary of the assistant paying teller in the treas- 
urer's department, one thousand dollars. 

For the salary of the cashier in the treasurer's depart- 
ment, twenty-two hundred dcdlars. 

For the salary of the assistant bookkeeper in the treas- 
urer's department, twelve hundred dollars. 

For the salary of the fund clerk in the treasurer's de- 
partment, fifteen hundred dollars. 

For the salary of the warrant clerk in the treasurer's 
department, twelve hundred dollars. 

For the salary of the files clerk in the treasurer's de- 
partment, nine hundred dollars. 

For the salary of the legacy tax clerk in the treasurer's 
department, nineteen hundred dollars. 

For the salary of the stenographer in the treasurer's 
department, nine hundred dollars. 

For the salary of the messenger in the treasurer's de- 
partment, nine hundred dollars. 

For such additional clerical assistance in the treasurer's 
de])artment as may be necessary foi- the des]iateh of public 
business, a sum not exceeding thirty-five hundred dollars. 



Acts, 1905. — Chap. 23. 21 

For inciclontal and contingent expenses in the treasnrer's Expenses, 
department, a snm not exceeding fonr thousand doUars. 

For such expenses as the treasurer and receiver general i^,t^,..;?ne°!'. 
may find necessary in carrying out the provisions of the t-ies, etc. 
act imposing a tax on collateral legacies and successions, 
a sum not exceeding one thousand dollars. 

For the salary of the deputy sealer of weights, measures Deputy 
and balances, fifteen hundred dollars. weights, et*-. 

For travelling and other expenses of the deput}^ sealer Expenses. 
of weights, measures and balances, a sum not exceeding- 
seven hundred dollars; and for furnishing sets of standard 
weights, measures and balances to towns not heretofore 
provided therewith, and to each newlj' incorporated town; 
also to provide cities and towns with such parts of said sets 
as may be necessary to nuike their sets complete, a sum 
not exceeding four hundred dollars? 

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

Approved Fehrnary 2, 1905. 



Ax Act makixg ax appropriatiox for ttie tuition and (JJidp 23 

TRANSPORTATION OF CHILDREN ATTENDING SCHOOL OUT- 
SIDE OF THE TOWN IN WHICH THEY RESIDE. 

Be it enacted, etc., as fnlloirs: 

Section 1. A sum not exceeding forty-eight thousand ^".'.e","-,*^^'"'" 
five hundred dollars is hereby appro]H'iated, to be paid out ^-I'ii'iren. 
of the treasury of the 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 payment is provided for by section three of chapter 
forty-two of the Revised Laws, as amended by cha]:)ter four 
Imndred and thirtj'-three of the acts of the year nineteen 
hundred and two. And there may also be paid from this 
amount such sums as may be necessary to provide trans- 
portation to and from school for such children of school age 
as may be living upon islands within the Commonwealtli 
which are not provided with schools. 

Section 2. This act shall take effect u]ion its ]>assage. 

Approved Fehruanj J. 1005. 



22 Acts, 1905. — Chaps. 24, 25, 26. 



Chap. 24 An" Act makin^g ax appropriation for the compexsation 

OF INSPECTORS OF ANIMALS. 

Be it enacted, etc., as follows: 

aninmiB''^^ **' Section 1. A Slim iiot exceeding seventy-five hundred 
dollars is hereby appropriated, to be paid out of the treas- 
ury of the Commonwealth from the ordinary revenue, for 
the compensation of inspectors of animals, during the year 
ending on the thirty-first day of December, nineteen hun- 
dred and five. 

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

Approved February 2, 1905. 



Chap. 25 An Act making an iVj'PROPRiATioN for the perkins in- 
stitution AND MASSACHUSETTS SCHOOL FOR THE BLIND. 

Be it enacted, etc., as follows: 

Perkins insti- Section 1. The suiu of thirtv thousand dollars is 

tution and • n i • i ' c i c i 

Massaciiu- herel)y appropriated, to be paid out oi the treasury of the 

S6tt8 School till / 1 ^ *^ ^ 

lor the Blind. Commonwcaltli from the ordinary revenue, to the Perkins 
Institution and Massachusetts School for the Blind, as 
provided for by chapter nineteen of the resolves of the year 
eighteenjiundred and sixty-nine. 

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

Approved Fehruary 2, 1905. 



Chap. 26 An Act making an appropriation for the instruction 

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

Be it enacted, etc., as follows: 
Instruction of Section 1. The suui of fivo tliousaiid dollars is herebv 

adult liluul. • T 1 • 1 r 1 c i y^ ' 

appropriated, to be paid out ol the treasury oi the C om- 
monwoalth from the ordinary revenue, to jjrovide for the 
instruction of the adult blind at their homes l)y the Per- 
kins Institution and Massachusetts School for the Blind, 
for the year ending on the thirty-first day of December, 
nineteen hundred and five. 

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

Approved Fehruary 2, 1905. 



Acts, 1905. — Chaps. 27, 28, 29. 23 

An Act making appropriations for the salary and ex- (Jhap. 27 

PENSES OF THE COMMISSIONER OF PUBLIC RECORDS. 

Be it enacted, etc., as follows: 

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

For the salary of the commissioner of public records, commissioner 

^ 1 1 1 1 11 ofpul)lic 

twenty-nve hundred dollars. records. 

For travelling, clerical and other necessary expenses of Expenses, 
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 public records, a sum not ^j!'?'^^'''^^^ 
exceeding four hundred dollars. 

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

Approved Fehrnary 2, 1005. 



An Act making an appropriation for the Massachusetts (JJid^^ 28 

INSTITUTE OF TECHNOLOGY. 

Be it enacted, etc., as follows: 

Section 1. The sum of twenty-nine thousand dollars Massachusetts 
is hereby appropriated, to be paid out of the treasury of Tediiloiogy. 
the Commonwealth from the ordinary revenue, to the JNIas- 
sachu setts Institute of Technology. 

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

Approved Fehrvary 2, 1005. 



An Act making appropriations for the payment of an- (JJfcip^ 29 

NUITIES AND PENSIONS TO SOLDIERS AND OTHERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropri.i- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the pa^nnent of annuities 
and pensions due from the Commonwealth to soldiers and 
others, during the year ending on the thirty-first day of 
December, nineteen hundred and five, to wit : — 



tions. 



^4 



Acts, 1905. — Chaps. 30, 31. 



Annuities to 
soldiers, etc. 



Pensions. 



For annuities to soldiers and otliers, as authorized by 
the general eourt, the sum of fifty-seven hundred and forty- 
six dollars. 

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

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

Approved February 2, 1905. 



C/tap. 30 An Act making an appropriation for the Massachusetts 

STATE firemen's ASSOCIATION. 

Be it enacted, etc., as follows: 

Section 1. The sum of twelve thousand dollars is 
hereby appropriated, to be paid out of the treasury of the 
Commonwealth from the ordinary revenue, for the Mas- 
sachusetts 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 effect upon its passage. 

Approved Fehruary 2. 1005. 



Massaoliusetts 
State Fire- 
men's Asso- 
ciation. 



Chap. 31 An Act making appropriations for salaries and expenses 

IN THE DEPARTMENT OF THE SURGEON GENERAL. 

Be it enacted, etc., as follows: 

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

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 
general, including the printing of his annual report, a sum 
not exceeding two thousand four hundred and seventy-five 
d()llars. 

For expenses in connection with the examination of re- 
cruits for the militia, a sum not exceeding twenty-six hun- 
dred dollars. 

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

Approved February 2. 1905. 



Appropria- 
tions. 



Surgeon 
general. 

MefMcal sup- 
plies, etc. 



Examination 
of lecruits. 



Acts, 1905. — Chaps. 32, 33. 25 



An Act making an appropriation for the payment of fij.r,^ qq 

CERTAIN CLAIMS ARISING FROM THE DEATH OF FIREMEN ^ * "^ 

IN THE DISCHARGE OF THEIR DUTIES. 

Be it enacted, etc., as folloius: 

Section 1. The sum of ten tliousancl dollars is hereby Payment of 
appropriated, to be paid out of the treasury of the Com- aHsin'u n'oiir 
monwealth, as authorized by section seventy-seven of chap- flmneu.'' ^'^ 
tor thirty-two of the Revised Laws, for the payment of 
snch claims as may arise in consequence of the death of 
firemen belonging to the regularly organized fire depart- 
ment of a city or town, or of members in active service of 
any incorporated protective department, or of any person 
doing duty at the request of or by order of the authorities 
of a town which has no organized fire department, who 
are killed or who die from injuries received while in the 
discharge of their duties at fires,' during the year ending 
on the thirty-first day of December, nineteen hundred and 
five. 

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

Approved Fehruary 2, 1005. 



Chaj). 33 



An Act making 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 a]i]U'o- Anproiiria 
priated, to be paid out of the treasury of the Commcuiwealth ""'""" 
from the ordinary revenue, for the purposes sjiecified, for 
the year ending on the thirty-first day of Deceml)er, nine- 
teen hundred and five, to wit : — 

For the salaries of the commissioners of savings baidcs, Cominissioners 
ninety-five hundred dollars. i'llinks.""^'* 

For the salary of the first clerk of the commissionoi-s. First <'iork. 
two thousand dollars. 

For the salary of the second clerk of the commissioners, sc.-uii.t <-i.rk 
fifteen hundred dollars. 

For the salary of the third clerk of the commissioners, Tiiinicicrk. 
twelve hundred dollars. 

For such additional clerks and ex]iert assistants ns tlie ArMitiouMi 
commissioners may deem necessary, a snm not exceeding * *^' '*' '^ 
twenty-five hundred dollars. 



26 Acts, 1905. — Chaps. 34, 35. 

Expenses. -p^^. ^pjjygjiijjg ^j^^ incidental expenses of the commis- 

sioners, a sum not exceeding three thousand dollars. 
Aumiai report. YoY printing and binding the annnal report of the com- 
missioners in two parts, a sum not exceeding fifty-five 
himdred dollars. 

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

Approved February 2, 1905. 



Chap. 34 ^^^^ Act making appropriations for the Massachusetts 

NAUTICAL TRAINING SCHOOL. 

Be it enacted, etc., as foUoivs: 

n:uft1raunf/n- Section 1. The sums hereinafter mentioned are appro- 

ini,- school. priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the Massachusetts nautical 
training school, for the year ending on the thirty-first day 
of December, nineteen hundred and five, to wit : — 

expenses ^^^ Current expenses, a sum not exceeding fifty-five 

thousand dollars. 

of'Jwnmis. ^0^ tlic ueccssary expenses of the commissioners, includ- 

ing the salary of the secretary, clerical services, printing 
and stationery, and for contingent expenses and print- 
ing and binding the annual report of the commission, a 
sum not exceeding five thousand dollars. 

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

Approved Fehruary 2, 1905. 



siouers. 



Chap. 35 An Act making an appropriation for the publication 

OF A RECORD OF MASSACHUSETTS SOLDIERS AND SAILORS 
WHO SERVED IN THE WAR OF THE REBELLION. 

Be it enacted, etc., as follows: 
Publication of Section 1. The sum of ten thousand dollars is hereby 

rcforu of • t ^ • ^ CI J- J_^ r~i " 

soiaiersand appropriated, to be paid out of the treasury oi the Com- 
monwealth from the ordinary revenue, for the publication 
of a record of Massachusetts troops and officers, sailors and 
marines, in the war of the rebellion, as authorized by chap- 
ter 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 Fehruary 2, 1905. 



sailors. 



Acts, 1905. — Chaps. 36, 37. 27 



An Act making appropriations for the salaries and nj^fj^^ qh 

EXPENSES OF THE MASSACHUSETTS HIGHWAY COMMISSION. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropna- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the Massachusetts highway 
commission, for the year ending on the thirty-first day of 
December, nineteen hundred and five, to wit : — 

For tlie saLaries of the commission, the sum of eighty- Massachusetts 
nve hundred dollars. mission. 

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. 
printing, postage and necessary office exj^enses, a sum not 
exceeding fifty-five hundred dollars. 

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

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

For care and repair of road-building machinery, a sum Road-imiiding 
not exceeding thirty-five hundred dollars. ' ' '^ "^ ' 

For expenses in connection with the registration of Registration of 

t . 1 r> motor vehicles. 

motor vehicles and licensing of operators thereof, a sum 
not exceeding seven thousand dollars. 

For the maintenance of state highways, a sum not ex- state 
ceeding sixty thousand dollars. '^ '' ' 

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

Approved February 2, 1905. 

An Act jmaking appropriations for salaries and expenses (JJ^qj) 37 
in the department of the secretary of the common- 
wealth. 

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 ]nirposes specified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and five, to wit : — 

For tlie salary of the secretary of the Commonwealth, fi'"'.'\''^;'[,^',,oL 
thirtv-five hundred dollars, wealth. 



28 



Acts, 1905. — Chap. 38. 



First clerk. 



Second clerk. 



Cliief of 
archives divi- 
sion. 

Cashier. 



C:icrical assist- 
aiicf and 
niessi'Uirers. 



Expenses. 



Arrangement 
of records, etc. 

Postage, etc. 



Ballot boxes. 



Regimental 
histories. 



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

For the salary of the second clerk in the secretary's de- 
partment, twenty-two hnndred dollars. 

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

For the salary of the cashier in the secretary's depart- 
ment, a snm not exceeding twelve hnndred dollars. 

For messengers and snch additional clerical assistance 
as the secretary may find necessary, a snm not exceeding 
twenty-seven thousand two hundred dollars. 

For incidental and contingent expenses in the secretary's 
department, a sum not exceeding thirty-seven hundred and 
fifty dollars. 

For the arrangement and preservation of state records 
and papers, a sum not exceeding four thousand dollars. 

For postage and expressage on documents to members 
of the general court, and for transportation of docTunents 
to free public liliraries, a sum not exceeding twenty-five 
hundred dollars. 

For furnishing cities and towns with ballot boxes, and 
for repairs to the same, a sum not exceeding two thousand 
dollars. 

For the purchase of histories of regiments, batteries 
and other military organizations of the ]\[assachusetts 
volunteers who served in the civil war, a sum not exceed- 
ing one thousand dollars. 

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

Approved Fehnianj 2, li>05. 



Chaj). 38 Ax Act makixg an appropriatigx^ for the removal of 

WRECKS FROM TIDE WATERS. 

Be it enacted, etc., as follows: 

Section 1. The sum of one thousand dollars is hereby 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, during the year 
ending on the thirty- first day of December, nineteen hun- 
dred and five, for the removal of wrecks and other ob- 
structions from tide waters, as provided for by section 
twenty-tM'o of chapter ninety-seven of the Revised Laws. 

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

Approved February 2, 1905. 



Removal of 
obstructions 
from tide 
waters. 



Acts, 1905. — Chaps. 39, m 41. 29 



5 -L'-'J 



An Act to authorize the towx of holden to make an QJ^^^ 39 

ADDITIONAL WATElt LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Ilolden, for the purposes Hoiden water 
mentioned in chapter one hundred and eighty of the acts 
of the year eighteen hundred and ninety-six, may issue 
bonds, notes or scrip, from time to time, to be denom- 
inated on the face thereof, Ilolden Water Loan, to an 
amount not exceeding fifteen thousand dollars in additicm 
to the forty thousand dollars authorized by said chapter 
to be issued for the same purposes. Such bonds, notes or 
scrip shall be issued upon the terms and conditions and 
with the powers specified in said chapter for tlie issue of 
the original loan. 

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

Approved Fehruary 2, 1905. 

An Act making an appropriation for exterminating (jJmp. 10 

CONTAGIOUS DISEASES AMONG HORSES, CATTLE AND OTHER 
ANIMALS. 

Be it enacted, etc., as follows: 

Section 1. The sum of sixty thousand dollars is Extcnniuntu.n 
hereby appropriated, to be paid out of the treasury of the diHeMscsaniong 
C/ommonwealth from the ordinary revenue, for the ex- '*"""'^'^- 
termination of contagious diseases among horses, cattle 
and other animals during the year ending on the thirty- 
first day of I)eceinl)er, nineteen hundred and five. 

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

Approved Fehruary 2, 1005. 

An Act making appropriations for the expenses of the (Jlfr,) ^'[ 

BOARD OF FREE PUBLIC LIBRARY COMMISSIONERS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Aiipropria- 
priated, to be paid out of the treasury of the Commonweal tli 
from the ordinary revenue, for the purposes si)ecified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and five, to wit : — 

To carry out the provisions of the act to j^romote the Frci- puiiUc 
establishment and efficiency of free public libraries, a sum 
not exceeding two thousand dollars. 



30 Acts, 1905. — Chaps. 42, 43. 

Expenses. YoY clerical assistance to and incidental and necessary 

expenses of the board of free public library commissioners, 
the same to include printing and binding the annual re- 
port, a sum not exceeding seven hundred dollars. 

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

Approved February 3, 1905. 



IMaseachusetts 
School Fund. 



Chap. 42 An Act making an appropriation for the Massachusetts 

SCHOOL FUND. 

Be it enacted, etc., as follows: 

Section 1. The sum of one hundred thousand dollars 
is hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, for the 
Massachusetts School Eund, as provided for by section 
two of chapter forty-one of the Revised Laws. 

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

Approved February 3, 1905. 



Chap. 43 



Aiii>ropria- 
tious. 



Harbor and 
land commis- 
sioners, 
salaries. 
Ensineer, 
clerical assist- 
ance, etc. 



Travelling 
expenses, etc. 



Office 
expenses. 



Town bound- 
ary atlases. 



Inspection, 
etc., of monu- 
ments. 



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

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 board of haidxn- and 
land commissioners, for the year ending on the thirty-first 
day of December, nineteen hundred and five, to wit : — 

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

For the compensation and expenses of the engineer of 
the commissioners, and for clerical and other assistance 
authorized by the commissioners, a sum not exceeding 
twenty-nine 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 ex]ienses of the 
commissioners, to include printing and binding their an- 
nual report, a sum not exceeding two thousand dollars. 

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

For expenses of the examination and inspection of all 
monuments or other marks defining the boundary lines of 



Acts, 1905. — Chaps. 44, 45. 31 

the Commonwealth, a sum not exceeding fifteen hundred 
dollars. 

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

Approved February 3, 1905. 



An Act making appropriations for salaries and expenses (JJi^rj^ 44 

AT THE MASSACHUSETTS REFORMATORY. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria 
])riated, to be paid out of the treasury of the Commonwealth ^'""^" 
from the ordinary revenue, for the Massachusetts reform- 
atory, for the year ending on the thirty-first day of Decem- 
ber, nineteen hundred and five, to wit : • — 

For the salaries of officers, a sum not exceeding eighty- Massachusetts 
two thousand dollars. LaSfoT''' 

For the salaries and wages of instructors, teachers and o^'^'^ts. 

I iist'i'iiC'tors 

other employees, a sum not exceeding twenty-four thou- teachers, etc. 
sand nine hundred dollars. 

For other current expenses, a sum not exceeding one Expenses, 
hundred and nine thousand four hundred dollars. 

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

Approved February 6, 1005. 



An Act making appropriations for salaries and expenses 
in the office of the prison commissioners, and for 



Chcq). 45 



SUNDRY REFORMATORY EXPENSES. 

Be it enacted, etc., as follows: 



Section 1. The sums hereinafter mentioned are appi-o- Appropria. 



tious. 



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 five, to wit : — 

For the salary of the chairman of the prison commis- Prison com- 
sioners, four thousand dollars. "h.'frmaT' 

For the salary of the secretary of the prison commis- secretary, 
sioners, twenty-five hundred dollars. 

For clerical assistance in the office of the prison com- clerical 
missioners, a sum not exceeding forty-seven hundred dol- "s^'^^"'"'''- 
lars. 

For the salaries of the agents of the prison commission- Agents, 
ers, fifty-two hundred dollars. 



Expenses. 



32 Acts, 1905. — Chaps. 46, 47. 

expeniesf ^^r travelling expenses of tlie prison commissioners, 

and of the secretary and agents of said commissioners, a 
sum not exceeding three thonsand dollars. 

For incidental and contingent expenses of the prison 
commissioners, including printing and binding the annual 
report, a sum not exceeding twenty-six hundred dollars. 

i^l^'iisdi'arged ^^'^ ^^^^ Salary of the agent for aiding discharged female 

female prisoners, one thousand dollars. 

prisoners. ^ .^ ' r-i c • t ti 

Expenses. -C OF the cxpcnscs 01 the agent for aiding discharged 

female prisoners, including assistance rendered to such 
prisoners, a sum not exceeding three thousand dollars. 
eVs\us('liai^geii ^or aiding prisoners discharged from the Massachusetts 
lefoniiatury. reformatory, a sum not exceeding five thousand dollars. 
Aiiiins inison- For aiding prisoners discharged from the state prison, 
from state "^ a suiii iiot exceeding three thousand dollars. 
K-nrvii f ^^*^ expenses incurred in removing prisoners to and 

prisoners. froiu State and county prisons, a sum not exceeding six- 
teen hundred dollars. 

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

Approved February 6, 1905. 

Chap. 46 An Act making an appropriation for the expense of 

TAKING EVIDENCE AT INQUESTS IN CERTAIN CASES. 

Be, it enacted, etc., as follows: 

ev'i!^i'"r'f at Section 1. The sum of three thousand dollars is hereby 

ceriaiu eases appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for taking evidence 
given at inquests in the case of death by accident occurring 
upon steam and street railways during the year ending 
on the thirty-first day of December, nineteen hundred and 
five. 

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

Approved February 6, 1905. 

Chap. 47 An Act making an appropriation for the Worcester 

polytechnic institute. 

Be it enacted, etc., as follows: 

Worcester Section 1. Tlic sum of six thousaud dollars is hereby 

Polvt'chnic .11 • 1 CI <• 1 /^ 

Institute. appropriated, to be paid out oi the treasury oi the Com- 

monwealth from the ordinary revenue, to tlie Worcester 
Polytechnic Institute, as provided for by chapter one hun- 



Acts, 1905. — Chaps. 48, 49. 33 

dred and fifty-seven of the acts of the year eighteen hun- 
dred and ninety-nine. 

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

Approved Fehruary 6, 1905. 



An Act making appropriations for salaries and expenses (JJi^^j 43 

AT THE state PRISON. 

Be it enacted, etc., as follows: 

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

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

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 Fehruary 6,, 1905. 



Chap. 49 



An Act making appropriations for salaries and expenses 
at the reformatory prison for women. 

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 reformatory prison for 
women, for the year ending on the thirty-first day of De- 
cember, nineteen hundred and five, to wit : — 

For the pa^Tuent of salaries and wages, a sum not ex- Reformatory 
ceeding twenty-five thousand dollars. wome")! sal- 

For other current expenses, a sum not exceeding; thirty- ^"^'^•etc. 
two thousand dollars. 

For the to^vn of Framingham, toward the annual ex- Town of 
pense of maintaining and operating the system of sewage ^^""°s ^'"' 
disposal at said prison, the sum of six hundred dollars. 

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

Approved Fehruary 6, 1905. 



34: Acts, 1905. — Chaps. 50, 51, 52. 



Chap. 50 Ax Act making appropriatioxs for the board of regis- 

TRATIOX IX PHARMACY. 

Be it enacted, etc., as foUows: 

uoDB™^"*' Section 1. The sums hereinafter mentioned are appro- 

priated, to he paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the board of registration 
in pharmacy, for the year ending on the thirty-first day of 
December, nineteen hundred and five, to wit : — 

^muion^in^^' ^^r the Salaries of the members of the board, twenty- 

laifrTel?' ^o^^ hundred dollars. 

Expenses. For travelling and other expenses of the board, a sum 

not exceeding fourteen hundred and seventy-five dollars. 

Agent. -p^j, ^YiQ salary and expenses of the agent of the board, a 

sum not exceeding twenty-four hundred dollars. 

pto-?wft'nesB For a stenographer, for witness fees, and for other in- 

fees, etc. cidental and contingent expenses of the board, the same to 

include printing the annual report, a sum not exceeding 
fifteen hundred dollars. 

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

Approved February G, 1905. 



Chap. 51 Ax Act to chaxge the xame of the haverhill safe 

DEPOSIT AXD TRUST COMPANY TO THE HAVERHILL TRUST 
COMPAXY. 

Be it enacted, etc., as follows: 

df^ged. Section 1. The name of the Haverhill Safe Deposit 

and Trust Company, incorporated by chapter one hundred 
and ten of the acts of the year eighteen hundred and 
ninety-one, and located in the city of Haverhill, is hereby 
changed to the Haverhill Trust Company. 

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

Approved February 9, 1905. 

Chap. 52 Ax Act to extexd the charter of the cromptox asso- 
ciates. 

Be it enacted, etc., as follows: 

1893, 410 §1, Section 1. Section one of chapter four hundred and 

ten of the acts of the year eighteen hundred and ninety- 
three is hereby amended by striking out the word " fif- 
teen ", in the sixth line, and inserting in place thereof the 
word: — thirty, — so as to read as follows: — Section 1. 



Acts, 1905. — Chaps. 53, 54. 35 

Mary C. Crompton, Isabel M. Crompton, Cora E. Cromp- charter of 
ton, Stella S. Crompton, Georgietta F. Crompton, Mary SSs 
Catharine Crompton, Charles Crompton and Mildred extended. 
Crompton Smith, their associates and successors, are 
hereby made a coriX)ration for the term of thirty years 
from the date of the passage of this act, by the name of 
the Crompton Associates; subject to the provisions of 
chapter one hundred and five of the Public Statutes and 
to all general corporation laws which now are or hereafter 
may be in force relating to such corporations, and shall 
have the powers and be subject to the liabilities and re- 
strictions prescribed therein. 

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

Approved February 9, 1005. 

Ax Act to authorize the town of attleborough to Q^nr^ 53 

ISSUE ADDITIONAL WATER SUPPLY BONDS. 

Be it enacted, etc., as follows: 

Section 1. The to^vn of Attleborough, for the pur- Attleborough 
poses mentioned in section four of chapter sixty-nine of Bonds.'wol! ^ 
the acts of the year eighteen hundred and ninety-three, 
and for the construction of a new well and conduit, the 
erection of a standpipe on Ide's hill, the payment of the 
necessary expenses and liabilities of the water department 
and of the cost of laying water pipes, may issue bonds, 
notes or scrip, to be denominated on the face thereof, 
Attleborough Water Supply Bonds, 1905, to an amount 
not exceeding one hundred and fifty thousand dollars in 
addition to the amount heretofore authorized by law to 
be issued by said to^vn for similar purposes. Such bonds, 
notes or scrip shall be issued upon the terms and condi- 
tions and with the powers specified in said chapter sixty- 
nine for the issue of the Attleborough water supply bonds. 

Section 2. This act shall take effect upon its accept- 
ance by the town of Attleborough. 

Approved February 9, 1905. 

An Act making an appropriation for the technical QJinr) 54 

education FUND, UNITED STATES GRANT. 

Be it enacted, etc., as foUows: 

Section 1. The sum of thirty-two hundred and eighty- Techniwii 
five dollars is hereby appropriated, to be paid out of the Fumuihilted 
treasury of the Commonwealth from the ordinary revenue, ''**"**^* Grant. 



36 



Acts, 1905, — Chap. 55. 



to meet the deficit in interest on the bonds in the Technical 
Education Fund, United States Grant, as authorized by 
chapter one hundred and nine of the acts of the year nine- 
teen hundred and three. 

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

Approved February 9, 1905. 



Chap. 55 ^'^ -^CT MAKIXG APPEOPRIATIOXS FOR SALARIES AXD EXPENSES 
IX THE OrriCE OF THE INSURANCE COMMISSIONER. 



Appropria- 
tions. 



Insurance 
commissioner. 

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



Additional 
clerks, etc. 



Expenses. 



Annual 
report. 



Be it enacted, etc., as follows: 

Sectiox^ 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 five, to wit : — 

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

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

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

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

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

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

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

For such additional clerks and assistants as the insur- 
ance commissioner may find necessary for the despatch of 
public business, a sum not exceeding twenty-eight thou- 
sand eight hundred and ninety dollars. 

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

For printing and binding the annual report of the in- 
surance commissioner, a sum not exceeding forty-six hun- 
dred dollars. 

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

Approved Fehruary 9, 1905. 



Acts, 1905. — Chaps. 56, 57. 37 



An Act makixg appropriations for payment of state rjjtgjy kq 

AND MILITARY AID AND EXPENSES IN CONNECTION THERE- ^ 

WITH. 

Be it enacted, etc., as follows: 

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

For reimbursement of cities and towns for money paid n^'J-^.^rylid. 
on account of state and military aid to Massachusetts vol- 
unteers and their families, a sum not exceeding eight hun- 
dred and twenty-eight thousand dollars, the same to be 
paid on or before the tenth day of December in the year 
nineteen hundred and five. 

For the salary of the commissioner of state aid and o^Xte Im'^^ 
pensions, twenty-five hundred dollars. and pensions. 

For the salary of the deputy commissioner of state aid i>ep"ty. 
and pensions, two thousand dollars. 

For the salary of the chief clerk of the commissioner of cwef clerk, 
state aid and pensions, fifteen hundred dollars. 

For salaries of the agents of the said commissioner, Agents, 
forty-two hundred dollars. 

For the salary of the bookkeeper of the said commis- Bookkeeper, 
sioner, thirteen hundred dollars. 

For the salaries of additional clerks of the said commis- Additional 
sioner, a sum not exceeding thirty-eight hundred and 
eighty dollars. 

For incidental and contingent expenses of the said com- Expenses, 
missioner, to include necessary travel, a sum not exceeding 
three thousand and tw^enty dollars. 

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

Approved February 9, 1905. 

An Act to authorize the proprietors of the woodlawn Qj^^i^y 57 

CEMETERY TO CHANGE THE PAR VALUE OF ITS CAPITAL 
STOCK. 

Be it enacted, etc., as follows: 

Section 1. The proprietors of the Woodlawn Ceme- The proprie- 
tery, a corporation established in the year eighteen hun- wo^odiawn 
dred and eighty-two, under the general laws, and located ^ayl^hange 



38 



Acts, 1905. 



Chaps. 5S, 59. 



par value of jj^ i\^q town of Welleslev, may, at a meetins; called for the 

capital stock, i c • • i i i- 

etc. purpose, change the par value oi its capital stock irom 

one hundred dollars a share to ten dollars a share, may 
increase the number of shares from fifty to five hundred, 
and thereafter may issue ten of the new shares in place 
of each of the old shares. 

Sectiois^ 2. This act shall take effect upon its passage. 

Approved Fehruary 9, 1905. 

Chap. 58 -^^ Act making an appropriatiox for salaries and ex- 
penses OP THE BOARD OF REGISTRATION IN VETERINARY 
MEDICINE. 



Board of reg 
istration iu 
veterinary 
medicine. 



Be it enacted, etc., as follows: 

Section 1. The sum of one thousand dollars is hereby 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the salaries and 
expenses of the board of registration in veterinary medi- 
cine during the year ending on the thirty-first day of 
December, nineteen hundred and five, as authorized by 
chapter two hundred and forty-nine of the acts of the year 
nineteen hundred and three. 

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

Approved February 9, 1905. 



Chap. 59 ^'^ Act making appropriations for salaries and expenses 

IN THE office OF THE CHIEF OF THE CATTLE BUREAU OF 
THE STATE BOARD OF AGRICULTURE. 

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 five, to wit : — 

For the salary of the chief of the cattle bureau, eight- 
een hundred dollars. 

Tor the salary of the clerk of the chief of the cattle 
bureau, twelve hundred dollars. 

For travelling and other necessary expenses of the chief 
of the cattle bureau, including extra clerks and stenogra- 
phers, stationery, and 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 9, 1905. 



Appropria- 
tions. 



Chief of cattle 
bureau. 



Clerk. 



Expenses. 



Acts, 1905. — Chaps. 60, Gl. 39 



An Act making appropriations for sundry miscellane- (JJiaj). 60 

OUS EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- A])propria- 
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 five, to wit : — 

For medical examiners' fees, a sum not exceeding five Medical ex- 

1 1 1 T Ti amiuers' fees. 

liundred dollars. 

For travelling, clerical and other necessary expenses of puljUcXon °* 
the state board of publication, a sum not exceeding one expenses, 
hundred dollars. 

For the payment of damages caused by wild deer, a sum Damages by 
not exceeding five hundred dollars. 

For expenses incurred in the construction and repair of TOads^n^ 
roads in the town of Mashpee during the year nineteen Mashpee. 
hundred and five, the sum of three hundred dollars. 

For assistance to the towm of Truro in maintaining a Beach Point 
section of its county highway known as Beach Point road, 
a sum not exceeding five hundred dollars. 

For the support of Sarah J. Robinson, a prisoner in sarah.j. 
one of the jails in Middlesex county, a sum not exceeding 
four hundred dollars. 

For small items of expenditure for which no appro- smaii items of 

. ,. 1 1 1^ 1 ,. . 1 • 1 expenditure. 

priations iiave been made, and for cases m which ap- 
propriations have been exhausted or have reverted to the 
Commonwealth in previous years, a sum not exceeding 
one thousand dollars, to be expended under the direction 
of the auditor of accounts. 

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

Approved February 9, 1905. 



Chap. 61 



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

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the Railroad Commissioners' ^^°^^' 
Fund, for the expenses of the railroad commission for 
the year ending on the thirty-first day of December, nine- 
teen hundred and five, to wit : — 



40 



Acts, 1905. — Chap. 62. 



Railroad com- 
DiiseionerE. 



Clerk. 



AssiBtant 
clerk. 



Clerical 
aesistance. 



Accountant. 



Railroad 
inspectors. 

Experts, etc. 



Rent, messen- 
ger, etc. 



Stationery, etc. 



Stenographer, 
etc. 



Annual report. 



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

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

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

For such additional clerical assistance as the railroad 
commissioners may find necessary for the proper despatch 
of public business, a sum not exceeding twelve hundred 
dollars. 

For the salary of the accountant of the railroad com- 
missioners, twenty-five hundred dollars. 

For the salaries and expenses of the railroad inspectors, 
a sum not exceeding nine thousand dollars. 

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

For rent, care of office and salary of a messenger for 
the railroad commissioners, a sum not exceeding six thou- 
sand dollars. 

For books, maps, statistics, stationery, incidental and 
contingent expenses of the railroad commissioners, a sum 
not exceeding forty-five hundred dollars. 

For a stenographer and stenographic reports, a sum not 
exceeding twelve hundred dollars. 

For printing and binding the annual report of the rail- 
road commissioners, a sum not exceeding five thousand 
dollars. 

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

Approved February 9, 1905. 



Chap. 62 ^^ -^CT MAKING APPROPRIATIONS FOR SALARIES AND EXPENSES 
IN THE OFFICE OF THE LAND COURT. 

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 land court, for the year 
ending on the thirty-first day of December, nineteen hun- 
dred and five, to wit : — 

For the salary of the judge of the court, forty-five hun- 
dred dollars. 



Appropria- 
tions. 



Land court, 
judge. 



Acts, 1905. — Chap. (33. 41 

For the salary of the associate judge of the court, forty- Associate 
five hundred dollars. ^^ ^^' 

For the salary of the recorder of the court, forty-five Recorder, 
hundred dollars. 

For clerical assistance in the office of the court, a sum clerical 
not exceeding lorty-tive hundred dollars. 

For sheriffs' bills, advertising, surveying, examining Expenses, 
titles, and sundry incidental expenses, a sum not exceed- 
ing twelve thousand five hundred dollars. 

Sectio]^' 2. This act shall take effect upon its passage. 

Approved February 9, 1905. 

An Act making appropriations for the salaries axd (JJiap^ (33 

EXPENSES OF THE GAS AND ELECTRIC LIGHT COMMISSION- 
ERS. 

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 gas and electric light 
commissioners, for the year ending on the thirty-first day 
of December, nineteen hundred and five, to wit : — 

For the salaries of the commissioners, eleven thousand ^fcught com- 

dollars. missioners. 

For clerical assistance to the commissioners, a sum not fggfg^^nce. 
exceeding forty-one hundred dollars. 

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

For the inspection of electric meters, a sum not exceed- e^ctricmeters. 
ing one thousand dollars. 

For the salary of the gas inspector, twenty-five hundred ^^® inspector. 
dollars. 

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

For the salarv of the second assistant insTCCtor, twelve second 

T,,,,,*^ ^ assistant. 

hundred dollars. 

For compensation of deputies, travelling expenses, ap- Deputies, etc. 
paratus, office rent and other incidental expenses, a sum 
not exceeding sixty-five hundred dollars. 

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

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

Approved February 9, 1905. 



42 



Acts, 1905. — Chaps. 64, 65. 



Massachusetts 
School Fund. 



Chap. 64 Ax Act makixg an appropriation for the payment of 

PREMIUMS ON SECURITIES PURCHASED FOR THE MASSACHU- 
SETTS SCHOOL FUND. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding fifty thousand dol- 
lars is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for the 
payment by the treasurer and receiver general of premi- 
ums on securities purchased for the Massachusetts School 
Fund, as provided for by section three of chapter forty- 
one of the Revised Laws. 

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

Approved February 9, 1905. 



Chap. 65 An Act to autpiorize the charles river basin commis- 
sion TO CONSTRUCT A TEMPORARY HIGHWAY BRIDGE OVER 
THE CHARLES RIVER. 

Be it enacted, etc., as follows: 
1903, ^5, §3, Section 1. Section three of chapter four hundred and 

amended. n ^ ^ c i • i i i j 

Sixty-five 01 the acts oi the year nineteen nunared and 
three is hereby amended by inserting after the word " com- 
mission ", in the eighth line, the words : — The commis- 
sion may construct or otherwise provide a temporary 
highway bridge and approaches thereto for the use of vehi- 
cles and pedestrians during the construction of the dam, 
Dam to be — so as to read as follows: — Section 3. The commis- 
across Charles sion shall coustruct aci'oss Charles river between the cities 
nver, etc. ^^ Boston and Cambridge, a dam, at least sufficiently high 
to hold back all tides and to maintain in the basin above 
the dam a substantially permanent water level not less 
than eight feet above Boston base. The dam shall occupy 
substantially the site of the present Craigie bridge, which 
shall be removed by the commission. The commission 
may construct or otherwise provide a temporary highway 
bridge and approaches thereto for the use of vehicles and 
pedestrians during the construction of the dam. The dam 
shall be not less than one hundred feet in width at said 
water level and a part thereof shall be a highway and the 
remainder shall be a highway, or a park or parkway, as 
the commission shall determine. The dam shall be fur- 
nished with a lock not less than three hundred and fifty 



Acts, 1905. — Chap. 66. 43 

feet in length between the gates, forty feet in width and 
thirteen feet in depth below Boston base, and shall be 
built with a suitable drawbridge or drawbridges, waste- 
ways and other appliances. The part of the dam used as 
a highway sliall be maintained and operated in the same 
manner as the Cambridge bridge, and under the laws now 
or hereafter in force relating to said bridge. 

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

Approved Fehruanj 9, 1905. 



Ax Act makixg appropriatioxs for the salaries and (JJinj) (5(3 

EXPEXSES OF THE STATE BOARD OF INSANITY. 

Be it enacted, etc., as foil oils: 

Section 1. The sums hereinafter mentioned are appro- Appropna- 
priated, to be paid out of the treasury of the Commonwealth *^'^°*' 
from the ordinary revenue, for the state board of insanity, 
for the year ending on the thirty-first day of December, 
nineteen hundred and five, to wit : — 

For travelling, office and contingent expenses of the state board of 
board, a sum not exceeding forty-five hundred dollars. e^^pe^nEs. 

For printing and binding the annual report, a sum not Annual report, 
exceeding eight hundred dollars. 

For salaries of officers and employees, a sum not exceed- ^H^pio^ees*^ 
ing twenty-one thousand two hundred dollars. 

For transportation and medical examination of state Transporta- 
paupers, under the charge of the board, a sum not exceed- state paupers, 
ing nine thousand dollars. 

For the support of insane paupers boarded out in fami- cemfu infane 
lies, under the charge of the board, a sum not exceeding pampers. 
thirty-two thousand five hundred dollars. 

For board of insane persons in the Boston insane hospital, ?^sanepersons 
as provided for by chapter four hundred and fifty-one of sa,^°^ospitai. 
the acts of the year nineteen hundred, a sum not exceeding 
ninety-eight thousand dollars. 

For the support of state paupers in the Hospital Cottages support of 
for Children, a sum not exceeding seventy-five hundred i^upers. 
dollars. 

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

Approved February 10, 1905. 



44 



Acts, 1905. — Chaps. 67, 68. 



Chap. 67 An Act making appropriations for salaries and expenses 

IN THE DEPARTMENT OF THE TAX COMMISSIONER AND COM- 
MISSIONER OF CORPORATIONS. 



Appropria- 
tions. 



Tax commis- 
sioner, etc. 

Deputy. 
First clerk. 
Second clerk. 



Clerical 
assistance. 



Travelling 
expenses. 

Expenses. 



State 
valuation. 



Annual report. 



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 five, to wit : — 

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

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

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

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

For such additional clerical assistance as the tax com- 
missioner may find necessary for the despatch of public 
business, a sum not exceeding nineteen thousand five hun- 
dred 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 ex- 
ceeding 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. 

Approved February 10, 1905. 



Chap. 68 An Act making an appropriation for expenses in con- 
nection WITH THE MASSACHUSETTS EXHIBIT AT THE LEWIS 
AND CLARK CENTENNIAL EXPOSITION. 

Be it enacted, etc., as follows: 

SichVscttf Section 1. The sum of ten thousand dollars is hereby 
i^ewi'sVnd*'*' appropriated, to be paid out of the treasury of the Com- 
ciarkcenten- monwcalth from the ordinary revenue, for expenses in 



Acts, 1905. — CeAr. 69. 45 

connection with the transfer of the state exhibit from the maiExposi- 
Louisiana Purchase Exposition to the Lewis and Clark 
Centennial Exposition at Portland in the state of Oregon, 
and for installing the same, as authorized by chapter 
ninety-six of the resolves of the year nineteen hundred and 
four, the same to be in addition to the five thousand dollars 
appropriated by chapter four hundred and sixty-one of the 
acts of the year nineteen hundred and four. 

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

Approved Fehruary 10, 1905. 



An Act making appropriations for the salaries of em- (JJiap, 69 

PLOYEES 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- Appropria- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the department of the ser- 
geant-at-arms, for the year ending on the thirty-first day 
of December, nineteen hundred and five, to wit : — 

For the salaries of the chief engineer and other em- Engineer's 
ployees in the engineer's department, a sum not exceeding ^"^^ "^^° ' 
twenty-seven thousand five hundred dollars. 

For the salaries of the watchmen and assistant watchmen watchmen, 
at the state house, a sum not exceeding fourteen thousand 
six hundred dollars. 

For the salaries of the sergeant-at-arms' messengers. Messengers, 
porters and office boy at the state house, a sum not exceed- ^° ^^^' ^ ^' 
ing ten thousand two hundred dollars. 

For rent of telephones and expenses in connection there- Telephones, 
with at the state house, a sum not exceeding sixty-three 
hundred dollars. 

For heat, light and power at the state house, including Heat, light, 
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 Care of state 

"^ llOllBG Gtc« 

repairs, furniture and repairs thereof, and such expenses 
as may be necessary at the various buildings now occu])ied 
l)y state departments, a sum not exceeding twenty-four 
thousand dollars. 

For new furniture and fixtures, a sum not exceeding New furniture, 
four thousand dollars. 



46 

Matron. 



Acts, 1905. — Chap. 70. 

For the salary of the state house matron, a sum not ex- 
ceeding eight hundred dollars. 

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

Approved February 10, 1905. 



Clidp. 70 Ax Act making appropfjatioxs for salaries axd expexses 

IX' the office of the state board of agriculture, AX'D 
FOR SUXDRY AGRICULTURAL EXPEXSES. 

Be it enacted, etc., as follows: 

Sectiox 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 five, to wit : — 

For the salary of the secretary of the state board of agri- 
culture and executive officer of the state dairy bureau, 
three thousand dollars. 

For the salary of the first clerk of the secretary of the 
state board of agriculture, eighteen hundred dollars. 

For the salary of the second clerk of the secretary of the 
state board of agriculture, fourteen hundred dollars. 

For other clerical assistance in the office of the secretary 
of the state board of agriculture, and for lectures before 
the board at its annual and other meetings, a sum not ex- 
ceeding six hundred dollars. 

For printing and binding the annual report of the state 
board of agriculture, a sum not exceeding six thousand 
dollars. 

For travelling and other necessary expenses of the mem- 
bers of the state board of agriculture, a simi not exceeding 
fifteen hundred dollars. 

For incidental and contingent expenses of the state board 
of agriculture, to include printing and furnishing extracts 
from trespass laws, a sum not exceeding eleven liundred 
dollars. 

For travelling and other necessary expenses of the secre- 
tary of the state board of agriculture, a smn not exceeding 
five hundred dollars. 

For disseminating useful information in agriculture by 
means of lectures at farmers' institutes, a sum not exceed- 
ing three thousand dollars. 

For bounties to agricultural societies, a sum not exceed- 
ing seventeen thousand four hundred dollars. 



Appropria- 
tion!?. 



Board of 

agriculture, 

secretary. 



First clerk. 



Second clerk. 



Clerical assist- 
ance, etc. 



Annual report. 



Travelling 
expenses, etc. 



Incidental 
expenses, etc. 



Expenses of 
secretary. 



Farmers' 
institutes. 



Bounties. 



Acts, 1905. — Chaps. 71, 72. 47 

For tlie salary of the general agent of the dairy bureau. Agent of dairy 
tT\^elve hundred dollars. 

For assistants, experts, chemists, agents, and for other Experts, 
necessary exj)enses of the state dairy bureau, to include ^ emiets, etc. 
printing the annual report, a sum not exceeding seven thou- 
sand dollars. 

For compensation and expenses of the state nursery in- Nursery 
spectors, a sum not exceeding one thousand dollars. mspec ors. 

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

Approved Fehruary H, 1905. 

K^ Act making appropriations for the board of regis- (JJiQp^ ^\ 

TRATION IN medicine. 

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 board of registration in 
medicine, for the year ending on the thirty-first day of De- 
cember, nineteen hundred and five, to wit : — 

For the salaries of the members of the board, forty-three Board of regis- 

1 T Tin tration in 

hundred dollars. medicine. 

For travelling and other expenses of the board, a sum Expenses. 
not exceeding six hundred dollars. 

For clerical services, printing, postage, office supplies, clerical ser. 
and contingent expenses of the members of the board, to report^ etc. 
include printing the annual report, a sum not exceeding 
seventeen hundred and fifty dollars. 

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

Approved Fehruary IJ^, 1905. 



An Act making appropriations for salaries and expenses QJiap, 
IN the department of the state board of charity, and 

FOR sundry charitable EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the 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 five, to wit : — 



48 



Acts, 1905. — Chap. 72. 



state board of 
charity. 



Adult poor. 



Minor wards. 



Auxiliary 

visitors. 



STATE EOAED OF CHARITY. 

For expenses of the state board of charity, including 
travelling and other necessary expenses of the members, 
and salaries and expenses in the central office of the board, 
a snm not exceeding eight thousand dollars. 

For salaries and exjienses in the division of state adult 
poor, a sum not exceeding forty thousand dollars. 

For salaries and expenses in the division of state minor 
wards, a sum not exceeding forty-five thousand dollars. 

For travelling and other necessary expenses of the auxil- 
iary visitors of the state board of charity, a sum not exceed- 
ing fourteen hundred dollars. 



Transportation 
of state 
paupers. 



Indigent and 
neglected 
children, etc. 



Dangerous 
diseases. 



Instruction of 
certain chil- 
dren. 



Sick state 
paupers. 



Burial of state 
paupers. 



Temporary 
aid. 



MISCELLANEOUS CHARITABLE. 

For transportation of state paupers under charge of the 
state board of charity, including transportation of prison- 
ers released on probation from the state farm, and travel- 
ling and other exj^enses of probation visitors, a sum not 
exceeding twelve thousand five hundred dollars. 

For the care and maintenance of indigent and neglected 
children and juvenile offenders, for the present year and 
for previous years, to include expenses in connection with 
the same, a sum not exceeding two hundred and twenty 
thousand dollars. 

For expenses in connection Avith smallpox and other dis- 
eases dangerous to the public health, for the present year 
and for previous years, a sum not exceeding twenty-five 
thousand dollars. 

For instruction in the public schools in any city or town 
in the Commonwealth, including transportation to and 
from such schools, of children boarded or bound out by the 
state board of charity, for the present year and for previous 
years, a sum not exceeding twenty-five thousand dollars. 

For the support of sick state paupers by cities and towns, 
for the present year and for previous years, the same to in- 
clude 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 exceeding 
seventy-five hundred dollars. 

For temporary aid rendered by cities and towns to state 
paupers and shipwrecked seamen, for the present year and 



Acts, 1905. — Chaps. 73, 74. 49 

for previous years, a sum not exceeding thirtv-eight thou- 
sand dollars. 

For the support and transportation of pauper infants Unsettled 
having no settlement in this Commonwealth, including in- p^^p^"^'" 
fants in infant asylums, a sum not exceeding sixty thou- 
sand dollars. 

For printing and binding the annual report of the state Annual report, 
board of charity, a sum not exceeding two thousand dol- 
lars. 

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

Approved February IJf, 1905. 

Ax Act to extend the close season on pheasants. Chap. 73 

Be it enacted, etc., as follows: 

Section 1. Section sixteen of chapter ninety-two of ^^^^^^'^^p*'- 
the Revised Laws is hereby amended by striking out in the 
first and second lines the words " thirteenth day of Febru- 
ary in the year nineteen hundred and five ", and inserting 
in place thereof the words : — open season for partridge 
and quail in the year nineteen hundred and seven, — so as 
to read as follows: — Section 16. Whoever, prior to the Preservation 

-1 • xi -4. of pheasants. 

open season lor partridge and quail m the year nineteen 
hundred and seven, takes, kills or has in possession, except 
for the purpose of propagation, a Mongolian, English or 
golden pheasant shall be punished by a fine of twenty dol- 
lars for each bird. 

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

Approved Fehruary IJf, 1905. 

An Act making an appropriation por the medfield in- (JJiarf. 74 

SANE ASYLUM. 

Be it enacted, etc., as follows: 

Section 1. The sum of two hundred and thirty-five Medfleid 
thousand six hundred and ninety-three dollars and thirteen ^°^*°** ^®^ " 
cents is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for the 
support of the Medfield insane asylum during the present 
year, this sum b,eing based upon the average number of 
state patients at the rate of two dollars and eighty cents per 
week, as provided for by sections one hundred and twenty- 
seven and one hundred and twenty-eight of chapter eighty- 
seven of the Revised Laws, to include printing and binding 



50 Acts, 1905. — Chaps. 75, 76, 77. 

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

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

Approved February 15, 1905. 

Chap. 75 -^>>' Act making ax appropriation for certain expenses 

AT THE TAUNTON INSANE HOSPITAL. 

Be it enacted, etc., as follows: 

mmJ^hosi^tai. Section 1. A sum not exceeding nine thousand dollars 
is hereby appropriated, to be paid out of the treasury of 
the Commonwealth from the ordinary revenue, for the pur- 
pose of meeting certain expenses incurred by the trustees 
of the Taunton insane hospital during the year nineteen 
hundred and four in anticipation of the receipts of said 
hospital. This amount to be repaid from the Taunton In- 
sane Hospital Fund as soon as the same is sufficient for the 
purpose. 

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

Approved February 15, 1905. 

Chap. 76 An Act to authorize the state street trust company 

TO HOLD REAL ESTATE. 

Be it enacted, etc., as follows: 

Stc^m* Section 1. The State Street Trust Company, incor- 

pany may hold porated by chapter one hundred and ninety-nine of the acts 
of the year eighteen hundred and ninety-one, as changed 
by chapter one hundred and seventy-one of the acts of the 
year eighteen hundred and ninety-seven, is hereby author- 
ized to invest its surplus, to an amount not exceeding three 
hundred and fifty 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 February 15, 1905. 

Chap. 11 An Act to authorize the cambridgeport savings bank of 

CAMBRIDGE TO HOLD ADDITIONAL REAL ESTATE. 

Be it enacted, etc., as follows: 
Cambridgeport Section 1. The Cambride'cport Savings Bank, incor- 

Savings Bank ,ii /. cT ci • ^ 

may hold porated by chapter forty oi the acts oi the year eighteen 



Acts, 1905. — Chaps. 78, 79. 51 

hundred and fifty-three, is hereby authorized to purchase ^g^us^tate 
and hold real estate in the city of Cambridge, not exceed- 
ing three hundred thousand dollars in value, for the pur- 
poses stated in the eighth clause of section twenty-six of 
chapter one hundred and thirteen of the Revised Laws. 
Section 2. This act shall take effect upon its passage. 

Approved February 15, 1905. 



An Act making an appropriation for the taunton in- qj^ 

SANE hospital. 



mp. 



Be it enacted, etc., as folloivs: 

Section 1. The sum of one hundred and sixty-one Tauutonin- 
thousand nine hundred and fifty -eight dollars is hereby ap- ^^^^^ ospia. 
propriated, to be paid out of the treasury of the Conunon- 
wealtli from the ordinary revenue, for the support of the 
Taunton insane hospital during the present year, this 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 tw^enty-seven and 
one hundred and twenty-eight of chapter eighty-seven of 
the Revised Laws, the same to include printing and binding 
the annual report, this amount to be in addition to the re- 
ceipts from other sources ; and so much of said receipts as 
may be needed to pay the expenses of said institution may 
be used for that purpose. 

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

Approved Fehruary 15, 1905. 

An Act to abolish the sessions of the probate court for QJkiy}, 79 

the county of HAMPDEN HERETOFORE HELD AT PALMER, 
AND TO SUBSTITUTE THEREFOR SESSIONS OF SAID COURT AT 
SPRINGFIELD. 

Be it enacted, etc., as follows: 

The sessions of the probate court for the county of ^rob-it^f court 
Hampden that are now provided by law to be held at coumv of 
Palmer are hereby abolished, and in place thereof there 
shall be held in each year at Springfield a session of said 
court on the third Wednesday of April, July and ISTovem- 
ber, and on the second Wednesday of January. 

Approved Fehruary 15, 1903. 



52 



Acts, 1905. — Chaps. 80, 81. 



Chap. 80 Ax Act relative to directors of street railway com- 
panies. 

Be it enacted, etc., as foUoivs: 

Section 1. Section five of chapter one hundred and 
twelve of the Revised Laws is hereby amended bj striking- 
out in the second and third lines, the words " and a 
majority of them shall be inhabitants of the cities and 
towns in which said railway may be located ", so as to 
read as follows : — Section 5. The directors shall be sub- 
scribers to the agreement of association. They shall ap- 
l^oint a clerk and a treasurer, who shall hold their respective 
offices until a clerk and treasurer of the corporation are 
chosen. The directors shall fill any vacancy in their board, 
or in the office of clerk or treasurer. 

Section 2. All acts and parts of acts inconsistent here- 
with are hereby repealed. Approved Fehruarij 17, 1905. 



R. L. 11-2, § 5, 
ameDded. 



Directors of 
street raihvay 
companies to" 
he subscribers, 
etc. 



E. L. 91, § 81, 
etc., amended. 



Chap. 81 Ax Act relative to taking shiners for bait in certain 

waters. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-one of chapter ninety-one 
of the Revised Laws, as amended by section one of chapter 
one hundred and sixteen of the acts of the year nineteen 
hundred and four, is hereby further amended by inserting 
after the Avord " during ", in the first line, the words : — 
October and, — by striking out the words " and Decem- 
ber ", in the first and second lines ; and by inserting after 
the word " rivers ", in the fourth line, the words : — and 
their tributaries, — so as to read as follows: — Section 81. 
During October and November any person may, for the 
purpose of taking shiners for bait, draw a net or seine at 
any point in the Merrimac and Connecticut rivers and their 
tributaries, except within four hundred yards of any fish- 
way; and if any other fish so caught are immediately re- 
turned alive to the waters from which they were taken, the 
penalties prescribed in sections forty-six, forty-seven, forty- 
nine, seventy-eight and seventy-nine shall not apply to the 
taking of such fish. 

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

Approved Fehruary 17, 1905. 



Talking; of 
shiners in cer- 
tain waters 
for bait per- 
mitted, etc. 



Acts, 1905. — Chap. 82. 53 



Ax Act to ixcorpokate the prospect hill cemetery asso- CliciT) S^ 

CIATIOX, 

Be it enacted, etc., as follows: 

Section 1. Henry Capron, Charles E. Seagrave, Wil- cemJtlrl^'" 
Ham E. Havward, Arthur Wheelock, Henry W. Parkis, Association 
Charles W. Scott, Arthur R. Taft, Samuel F. Scott, Julia ''"''"^'''''''''^• 
B. Thayer, Lucinda S. Hay^vard, Abbie E. Day, John E. 
Sayles, Gideon M. Aldrich, Albert A. Sprague, Charles E. 
A^Tieelock, Daniel W. Taft, George S. Taft, William J. 
Taft, Horace E. Gunn and Arthur E. Seagrave, their asso- 
ciates and successors, are hereby made a corporation by the 
name of the Prospect Hill Cemetery Association, for the 
purpose of acquiring, holding, maintaining, improving and 
enlarging, for a place of burial of the dead, certain land 
set apart and known as the Prospect Hill Cemetery, situ- 
ated in the town of Uxbridge. Said corporation shall 
have all the powers and privileges and shall be subject to 
all the restrictions and liabilities set forth in all general 
laws now or hereafter in force applicable to such corpora- 
tions. 

Section 2. Said corporation is hereby authorized to May acquire, 
acquire possession and control of said cemetery, and may real and^plr!^ 
purchase from time to time, and may acquire by gift, be- sonai property, 
quest, devise or otherwise, and may hold so much real and 
personal property as may be necessary or appropriate for 
the purposes of said association : provided, that nothing Proviso, 
herein contained shall affect the individual rights of pro- 
prietors in said cemetery. 

Section 3. All persons now or hereafter owning lots or Membership, 
any interest in lots in said cemetery may become members 
of the corporation on application to the secretary, and when 
any person shall cease to be the proprietor of a lot or of an 
interest in a lot in the lands of the corporation he shall cease 
to be a member thereof. 

Section 4. The net proceeds of sales of lots in the lands Netproceedsof 
held by said corporation shall be applied to the preserva- be applied to 
tion, improvement, embellishment, protection or enlarge- ^p^'*^*^"^^" • 
ment of said cemetery, and to paying the incidental 
expenses thereof, and to no other purpose. 

Section 5. Said corporation is hereby authorized to Grants, 
take and hold any grant, gift or bequest of property, upon 
trust, to apply the same or the income thereof to the im- 



etc 



54 Acts, 1905. — Chaps. 83, 84. 

provement, embellishment, protection or enlargement of 
said cemetery, or of any lot therein, or for the erection, 
repair, preservation or removal of any monnment, fence 
or other structure therein, or for the planting or cultivation 
of trees, shrubs or plants in or around any lot, or for im- 
proving said premises in any other manner consistent with 
the object of said corporation, according to the terms of 
such grant, gift or bequest. 
of^emetCTvf Section 6. Said corporation may by its by-laws pro- 
vide for such officers as may be necessary, and define their 
powers and duties, and may also provide for the care and 
management of the cemetery and for the sale of the lots 
therein, and for the management of any funds which it 
may hold, and for any other matters incident to the pur- 
poses of the corporation. 

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

Approved Fehruary 17, 1905. 

Chap. 83 Ax Act to authoeize the city of lynx to acquire land 

AT HIGH ROCK FOR A PUBLIC PARK, AND TO COMPLY WITH 
THE CONDITIONS OF A DEED OF GIFT THEREOF. 

Be it enacted, etc., as follows: 

mayacqiiire" Section 1. The city of Lvnn is hereby authorized and 
puwic°pai-k empowered to accept the gift of land in that city compris- 
ing High Rock, for a public park, and to comply with the 
conditions of the deed of gift, including the erection of a 
suitable observatory upon the said High Rock. 

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

Approved February 17, 1905. 



Chap. 84 An Act to extend the time within which the great 

BARRINGTON fire district MAY SUPPLY THE INHABITANTS 
OF THE TOWN OF EGREMONT WITH WATER. 

Be it enacted, etc., as follows: 
1902, 439, § 4, Section 1. Section four of chapter four hundred and 

amended. . ., pi • iiii 

thirty-nine oi the acts oi the year nineteen hundred and 

two is hereby amended by striking out the word " three ", 

in the fourth line, and inserting in place thereof the word : 

Time — f^ye, — SO as to read as follows : — Section M-. This 

extended* 

act shall take effect upon its passage, but shall become 
void unless the Great Barrington Fire District shall begin 



Acts, 1905. — Chaps. 85, 86, 87. 55 

to distribute water through its pipes to consumers in the 
town of Egremont within five years after the date of the 
passage of this act. 

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

App'oved Fehruanj 17, 1905. 

Ax Act to authorize the city of medfoed to appropriate (JJkij) 35 

MOXEY for the PURPOSE OF CELEBRATING ITS TWO HUN- 
DRED AND SEVENTY-FIFTH ANNIVERSARY. 

Be it enacted, etc., as follows: 

Section 1. The city of Medford is hereby authorized 9*L°*^ 

. Y . 'J Meaford may 

to raise by taxation and to appropriate and expend a sum appropriate 

iiioiiGv for 

of money not exceeding three thousand dollars, for the a celebration, 
purpose of celebrating, during the current year, the two 
hundred and seventy-fifth anniversary of the settlement 
of Medford. 

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

Approved February 17, 1905. 

An Act to exempt the city of chicopee from the pro- njid^j QQ 
VISIONS of law relative to the rate of taxation in 
cities. 

Be it enacted, etc., as follows: 

Section 1. The city of Chicopee is hereby exempted chu-oiee 
from the operation of section fifty-four of chapter twelve exempted 
of the Revised Laws limiting the rate of taxation in cities, of r. l. li, 
until the first day of January in the year nineteen hundred 
and ten. 

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

Approved February 17, 1905. 



Chap. 87 



An Act to incorporate marion evergreen cemetery. 

Be it enacted, etc., as folloivs: 

Section 1. John F. Luce, William H. Cobb, George Marion Ever. 
B. K-ye, Frank B. Coggeshall, Seth G. Mendall, Nathan fer'^Tncorpo- 
B. N^ye, Lucius Campbell and George B. Nye, second, ^'**^'*" 
their associates and successors, are hereby *made a corpora- 
tion by the name of Marion Evergreen Cemetery, for the 
purpose of acquiring and maintaining as a burial ground 
certain land set apart and known as Marion Evergreen 
Cemetery, situated in the town of Marion. Said corpora- 



56 



Acts, 1905. — Chap. 87. 



May acqmre, 
etc., necessary 
real estate or 
personal prop- 
erty. 



Proviso. 



Membership. 



Net proceeds 
of sales of lots 
to be applied 
to improve- 
ment, etc. 



Grants, 
bequests, etc. 



Officers, care of 
cemetery, etc. 



tion shall have all the powers and privileges and shall be 
subject to all the restrictions and liabilities set forth in all 
general laws now or hereafter in force aj)plicable to such 
corporations. 

Sectio:^ 2. Said corporation is hereby authorized to 
acquire possession and control of said cemetery, and may 
purchase from time to time, and may acquire by gift, be- 
quest or devise, and may hold so much real estate or per- 
sonal property as may be necessary for the purposes of 
said corporation: provided, that nothing herein contained 
shall affect the individual rights of proprietors in said 
cemetery. 

Section 3. Only persons who now are or who here- 
after become proprietors of lots in the land included in 
said cemetery, whether by deed or otherwise, and who 
shall sign the by-laws of said corporation, shall be mem- 
bers of said corporation ; and whenever any person shall 
cease to be the proprietor of a lot, or of any interest in a 
lot, in said cemetery, he shall cease to be a member of the 
corporation. 

Section 4. The net proceeds of sales of lots in the 
lands held by said corporation shall be applied to the pres- 
ervation, improvement, embellishment, protection or en- 
largement of said cemetery, and to paying the incidental 
expenses thereof, and to no other purpose. 

Section 5. Said corporation is hereby authorized to 
take and hold any grant, gift or bequest of property, 
upon trust, to apply the same or the income thereof to the 
improvement, embellishment or enlargement of said ceme- 
tery, or of any lot therein, or for the erection, repair, 
preservation or removal of any monument, fence or other 
structure, or for the planting and cultivation of trees, 
shrubs or plants in or around any lot, or for improving 
said premises in any other manner consistent with the 
object of said corporation, according to the terms of such 
grant, gift or bequest. 

Section 6. Said corporation may by its by-laws pro- 
vide for such officers as may be necessary, and may also 
provide for the care and management of the cemetery and 
for the sale and conveyance of lots therein, and for the 
care and management of any funds which it may hold, 
and for any other matters incident to the proper manage- 
ment of the corporation. 

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

Approved February 20, 1905. 



Acts, 1905. — Chaps. 88, 89. 57 



An Act kelative to the overseers of the poor of the r*/,^^ qq 

CITY OF NEWTON. ^' 

Be it enacted, etc., as foUoivs: 

Section 1. The charity department of the city of Xew- overseers of 
ton, established under the provisions of section twenty-four of^^ewtouf^ 
of chapter tw^o hundred and eighty-three of the acts of the Su^lg^e^!^ 
year eighteen hundred and ninety-seven, entitled " An Act 
to revise the charter of the city of Newton ", shall here- 
after be under the charge of one or more overseers of the 
poor, as may from time to time be determined by the board 
of aldermen of said city, by ordinance. Such overseer or 
overseers of the poor, as the case may be, shall have and 
exercise all the jDowers and duties of overseers of the poor, 
or the board of overseers of the poor of the city of jSTewton, 
under general or special laws. Said overseer or overseers 
shall also be subject to the provisions of clause five of sec- 
tion fourteen of said chapter. 

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

Approved Fehriiary 20, 1003. 

An Act to authorize the city of boston and the museu:m Qfinrry go 

OF FINE ARTS TO EXCHANGE CERTAIN LAND IN AND ABUT- 
TING UPON THE BACK BAY" FENS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and i^o*, 290,§i, 

„ „ •1111,. amended. 

ninety oi the acts oi the year nineteen hundred antl four 
is hereby amended by inserting after the word " condi- 
tions ", in the second line, the words : — and in such man- 
ner, — by striking out the word " avenue ", in the fifth 
line, by inserting after the word " Fens ", in the fifth line, 
the words : — or either of them, — by inserting after the 
word " avenue ", in the ninth line, the words : — may re- 
locate and reconstruct said entrance and the parts of the 
Back Bay Fens in the vicinity thereof, including filling 
parts of the area covered by water, — by striking out tlie 
w^ords " twenty-three thousand ", in the tenth line, and 
inserting in place thereof the words : — twenty-two thou- 
sand five hundred, — by striking out the words '' thirty- 
two thousand ", in the twelfth line, and inserting in place 
thereof the words : — thirty-four thousand five hundred, 
— by striking out all after the word " lot ", in the thir- 



58 Acts, 1905. — Chap. 89. 

1904, 290, §1, teenth line, down to and includins; the word " street", in 

amended. it i- •• i ^ j' ^ 

the seventeenth line, and inserting m place thereoi the 
words : — may sell and convey between nine thousand and 
ten thousand square feet of land included in said Fens 
and said Huntington entrance on the easterly side of the 
latter, as a whole or in parcels, at public or private sale, 
for such price as said board shall fix and the mayor ap- 
prove, — by striking out the word " either ", in the eight- 
eenth line, and inserting in place thereof the word : — 
any, — and by striking out all after the word " payment ", 
in the nineteenth line, and inserting in place thereof the 
words : — if any, for said additional lands, and to or 
toward the cost of making said changes and of relocating 
and reconstructing said entrance and the parts of the Back 
Bay Fens in the vicinity thereof, including filling as afore- 
said, or may agree with said Museum of Fine Arts to con- 
vey said last named land to it upon said Museum of Fine 
Arts bearing all or a specified part of the said cost, and 
may make such agreement with said Museum of Fine Arts 
for the latter to do all or any specified part or parts of the 
work of relocating and reconstructing, as said board shall 
deem proper and the mayor approve, — so as to read as 
The city of f ollows : — Sect'ion 1. The city of Boston, by its board 

Boston and r. -, • • i , j" Ti.- 

the Museum of 01 park commissioners, upon such terms and conditions 
exchange c€?-^ and in such manner as the board shall deem proper and 
tain land, etc. ^j^^ mayor approve, may change the easterly and westerly 
lines of the Huntington entrance of the Back Bay Fens, 
or either of them, so that they will be substantially at 
right angles with Huntington avenue; may change the 
southerly line of the Fens where it abuts upon the lot of 
land owned by the Museum of Fine Arts so that it will be 
substantially parallel with the avenue; may relocate and 
reconstruct said entrance and the parts of the Back Bay 
Fens in the vicinity thereof, including filling parts of the 
area covered by water; may, to make said changes, con- 
vey about twenty-two thousand five hundred square feet 
of land of said Fens upon receiving a valid conveyance of 
about thirty-four thousand five hundred square feet of 
said lot; may sell and convey between nine thousand and 
ten thousand square feet of land included in said Fens 
and said Huntington entrance on the easterly side of the 
latter, as a whole or in parcels, at public or private sale, 
for such price as said board shall fix and the mayor ap- 
prove; and may apply the proceeds, if any, resulting from 



Acts, 1905. — Chaps. 90, 91. 59 

any of said conveyances, to the 2")a^Taent, if any, for said 
additional lands, and to or toward the cost of making said 
changes and of relocating and reconstructing said entrance 
and the parts of the Back Bay Fens in the vicinity thereof, 
including filling as aforesaid, or may agree with said 
Museum of Fine Arts to convey said last named land to 
it upon said ^luseum of Fine Arts hearing all or a speci- 
fied part of the said cost, and may make such agreement 
with said Museum of Fine Arts for the latter to do all or 
any specified part or parts of the work of relocating and 
reconstructing, as said board shall deem proper and the 
mayor approve. 

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

Approved February 20, 1005. 



An Act relative to affidavits to certain petitions in (JJiap, 90 

THE PROBATE COURT, 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter one hundred and ^,nenje^' ^ ^• 
thirty-six of the Revised Laws is hereby amended by in- 
serting after the word " petitioner ", in the third line, the 
words : — or of one of the petitioners, — so as to read as 
follows: — Section 1. A petition for the probate of a Affidavits to be 
will, letters of administration or letters testamentary shall certahf peti- 
have annexed an affidavit of the petitioner or of one of the probate court, 
petitioners that the statements therein made are true to 
the best of his knowledge and belief. 

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

Approved February 21, 1905. 

An Act to authorize the town of sharon to renew cer- Qjfrf^j Ql 

TAIN BONDS AND TO MAKE AN ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The town of Sharon is hereby authorized Loa™'^^^^'^ 
to issue bonds, notes or scrip, to be denominated on the 
face thereof, Sharon Water Loan, to the amount of twenty 
thousand dollars, for the purpose of retiring the bonds 
originally issued by the Sharon Water Company, the pay- 
ment of which the town assumed when it purchased the 
franchise, corporate property, rights, powers and privi- 
leges of the said company under the provisions of chapter 



60 



Acts, 1905. — Chap. 92. 



Additional 
bonds, notes 
or scrip miiy 
be issued. 



Proviso. 



To be in addi- 
tion to amounts 
lieretofore 
authorized, 
etc. 



two hundred and forty-one of the acts of the year eighteen 
hundred and ninety-four. 

Section 2. The town of Sharon, for the purposes men- 
tioned in said chapter two hundred and forty-one, and for 
the further extension and improvement of its water supply 
system, may issue in addition to the bonds, notes or scrip 
provided for in section one of this act, bonds, notes or scrip 
from time to time, to be denominated on the face thereof, 
Sharon Water Loan, to an amount not exceeding twenty 
thousand dollars: provided, that no source of water supply 
for domestic purposes shall be taken under this act with- 
out the consent of the state board of health, and that the 
location of all drains, reservoirs and wells shall be subject 
to the approval of said board. 

Section" 3. Any bonds, notes or scrip issued under 
this act shall be in addition to the amounts heretofore au- 
thorized by law to be issued by said to^vn, and they shall 
be issued upon the terms and conditions and with the 
powers specified in said chapter two hundred and forty- 
one. 

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

Approved February 21, 1905. 



Chap. 92 Ax Act to provide for the performing of the duties 

OF A JUDGE OF PROBATE AND INSOLVENCY ABSENT FROM A 
CAUSE OTHER THAN SICKNESS OR INTEREST. 

Be it enacted, etc., as follows: 

Section 1. Wlienever a judge of probate and insol- 
vency is unable to perform his duties, or any part of them, 
owing to absence not resulting from sickness or interest, 
his duties, or such of them as he may specify, may be per- 
formed by the judge of probate and insolvency of any 
other county who may be designated by the judge, or, in 
case of his failure so to desig-nate, who may be designated 
by the register of probate and insolvency. 

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

Approved February 21, 1905. 



In certain 
cases of 
absence of 
judse of 
probate, etc., 
duties may be 
performed by 
judge of 
anotiier 
county. 



Acts, 1905. — Chaps. 93, 9^, 95. 61 



An Act to transfer to the towx of "vvakefield the QJiap, 93 

TITLE OF THE COMJIOXWEALTH IX AXD TO A CERTAIX ROAD 
ROLLER. 

Be it enacted, etc., as folloivs: 

Sectiox 1. The title of the Commonwealth in and to Title to road 
the steam road roller now located in and used by the town ferred totown. 
of Wakefield is hereby transferred to the said town. 

Sectiox'' 2. This act shall take effect upon its passage. 

Approved Fehniary 23, 1905. 

Ax Act to authorize the adams gas light compaxy to (JJiaij. 94 

DO BUSIXESS IX THE TOWX" OF CHESHIRE. 

Be it enacted, etc., as follows: 

Sectiox 1. The Adams Gas Light Company is hereby The Adams 
authorized, upon the approval of the selectmen of the town company may 
of Cheshire and of the board of gas and electric light com- chesMre!^^ ^" 
missioners, to carry on the business of furnishing gas and 
electricity for heat, light and power in the town of 
Cheshire, with the rights, powers and privileges and sub- 
ject to the duties, liabilities and restrictions set forth in 
all general laws now or hereafter in force relating to such 
corporations. 

Sectigx' 2. This act shall take effect upon its passage. 

Approved February 23, 1905. 

Ax Act makixg appropriatioxs for salaries axd expenses (Jhap. 95 
at the state ixdustrial school for girls. 

Be it enacted, etc., as follows: 

Sectiox' 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the Commonwealth *'°°^" 
from the ordinary revenue, for the state industrial school 
for girls, for the year ending on the thirty-first day of 
December, nineteen hundred and five, to wit : — 

For the payment of salaries and wages, a sum not ex- industrial 
ceeding twenty thousand seven hundred and seven dollars. gw°° salaries, 

For current expenses at the said school, a sum not ex- ^^' 

T 1 1 • 1 1 1 1 • 1 r> Expenses. 

ceeding twenty-seven thousand six hundred and eighty -five 
dollars. 

Sectiox" 2. This act shall take effect upon its passage. 

Approved Fehruanj 23, 1905. 



62 



Acts, 1905. — Chaps. 96, 97. 



Chap. 96 ^^ -^CT MAKIXG APPROPRIATIONS FOR SALARIES AND EXPENSES 

AT THE LYMAN SCHOOL FOR BOYS. 



Appropria- 
tions. 



Lyman school 
for boys, 
salaries, etc. 



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 Lyman school for boys, 
for the year ending on the thirty-first day of December, 
nineteen hundred and five, to wit: — 

For the payment of salaries and wages, a sum not ex- 
ceeding thirty-two thousand seven hundred and sixty-six 
dollars. 

For other current expenses at the said school, a sum not 
exceeding forty-nine thousand five hundred dollars. 

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

Approved February 23, 1905. 



Worcester 

insane 

hospital. 



Chap. 97. An Act making an appropriation for the Worcester 

INSANE hospital. 

Be it enacted, etc., as follows: 

Section 1. The sum of one hundred eighty-seven 
thousand eight hundred sixty-seven dollars and sixty-eight 
cents is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for the 
support of the Worcester insane hospital during the present 
year, this sum being based upon the average number of 
state patients at the rate of three dollars and twenty-five 
cents per week, as provided for by sections one hundred 
and twenty-seven and one hundred and twenty-eight of 
chapter eighty-seven of the Revised Laws, The amount 
hereby appropriated is to include the cost of printing and 
binding the annual report, and is 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 23, 1905. 



Acts, 1905. — Chaps. 98, 99. 63 



An- Act making appropriatioxs for the Massachusetts ni^aj. qq 

SCHOOL FOR THE FEEBLE-MINDED. ^ * 

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 support of the Massa- 
chusetts School for the Feeble-Minded, for the year end- 
ing on the thirty-first day of December, nineteen hundred 
and five, to wit : — 

For expenses at said institution, the sum of sixty-seven Massachusetts 
thousand nine hundred and eight dollars, this sum being Feeb?e-Minde^<i. 
based upon the average number of state patients at the 
rate of three dollars and twenty-five cents per week, as 
provided for by sections one hundred and twenty-seven 
and one hundred and twenty-eight of chapter eighty-seven 
of the Revised Laws, The amount hereby appropriated 
is to include the cost of printing and binding the annual 
report, and is to be in addition to the receipts from other 
sources ; and so much of said receipts as may be needed 
to pay the expenses of said institution may be used for 
that purpose. 

For current expenses, in addition to the appropriation Expenses, 
for state patients, a sum not exceeding twenty-three thou- 
sand dollars. 

For the city of Waltham, for the annual assessment due city of 
from the Commonwealth toward maintaining and operat- ^ ^'"* 
ing a system of sewage disposal at the Massachusetts 
School for the Feeble-Minded, the sum of eight hundred 
twenty dollars and eighty-nine cents, as provided for in 
section three of chapter eighty-three of the acts of the 
year eighteen hundred and ninety-three. 

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

Approved February 2S, 1905. 

An Act making appropriations for salaries and expenses /^^^,„ on 

AT THE STATE FARM. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria. 
priated, to be paid out of the treasury of the Commonwealth '■'°°®' 
from the ordinary revenue, for the state farm, for the year 
ending on the thirty-first day of December, nineteen hun- 
dred and five, to wit : — 



64 



Acts, 1905. — Chaps. 100, 101. 



state farm, 
salaries, etc. 

Expenses. 



For the payment of salaries and wages, a sum not ex- 
ceeding fifty-seven thousand dollars. 

For other current expenses, including the cost of print- 
ing the annual report of said institution, a sum not ex- 
ceeding one hundred and fifty-five thousand two hundred 



dollars. 

SECTIOIf 2. 



This act shall take effect upon its passage. 
Approved Fehruary 23, 1905. 



Appropria- 
tions. 



Westborough 

insane 

hospital. 



CJiapAOO Ak Act makikg appropriatioxs for the westborough 

IXSAXE HOSPITAL. 

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 Westborough insane 
hospital, for the year ending on the thirty-first day of 
December, nineteen hundred and five, to wit : — 

For the support of the hospital, the sum of one hundred 
twenty-five thousand three hundred fifteen dollars and 
seventy-seven cents, this sum being based upon the average 
number of state patients at the rate of three dollars and 
twenty-five cents per week, as provided for by sections one 
hundred and twenty-seven and one hundred and twenty- 
eight of chapter eighty-seven of the Revised Laws. The 
sum hereby appropriated is to include the cost of printing 
and binding the annual report, and is to be in addition to 
the receipts from other sources ; and so much of said re- 
ceipts as may be needed to pay the expenses of said insti- 
tution may he, used for that purpose. 

For current expenses at said institution, in addition to 
the appropriation for state patients and the receipts, a 
sum not exceeding ten thousand dollars. 

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

Approved Fehruary 23, 1905. 



Expenses. 



Chap.lOl An Act making an appropriation for the danvers in- 
sane HOSPITAL. 

Be it enacted, etc., as foUoirs: 

Danvers in- Section 1. The sum of two hundred eleven thousand 

sane hospital. . , , , n • in i • i , • , • i ^ 

eight hundred sixty dollars and eighty-nme cents is hereby 
appropriated, to be paid out of the treasury of the Com- 



Acts, 1905. — CuAr. 102. " G5 

monwcaltli from the ordinary revenue, for the support of 
the Danvers insane hospital during the present year, this 
sum being based upon the average number of state patients 
at the rate of three dollars and twenty-five cents per week, 
as provided for by sections one hundred and twenty-seven 
and one hundred and twenty-eight of chapter eighty-seven 
of the Revised Laws. The sum hereby appropriated is 
to include the cost of printing and binding the annual 
report, and is 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 23, 1905. 



Ax xVCT MAKIXG APPROPRIATIOXS FOR THE MASSACHUSETTS (JJiapAO^ 
HOSPITAL FOR EPILEPTICS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropna- 
priated, to be paid out of the treasury of the Commonwealth 
from the ordinary revenue, for the Massachusetts hospital 
for epileptics, for the year ending on the thirty-first day 
of December, nineteen hundred and five, to wit : — 

For the support of the hospital, the sum of forty-six MasBacimsetts 
thousand five hundred six dollars and eight cents, this sum epfiepUcs?'^ 
being based upon the average number of state patients at 
the rate of three dollars and twenty-five cents per week, 
as provided for by sections one hundred and twenty-seven 
and one hundred and twenty-eight of chapter eighty-seven 
of the Revised Laws. The amount hereby appropriated 
is 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. 

For current expenses, in addition to the appropriation Expenses. 
for state patients and the receipts of said hospital, to in- 
clude the cost of printing the annual report, a sum n^t 
exceeding thirty-four thousand four hundred eighteen dol- 
lars and seventy-five cents. 

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

Approved Fehruary 23, 1905. 



66 Acts, 1905. — Ciiai>s. 103, 101. 



Chap.103 -^N Act making ax appropriation for the Northampton 

INSANE HOSPITAL. 

Be it enacted, etc., as folloivs: 

Se"'^'^'''' Section 1. The sum of one liimdred twenty-three 
hospital. thousand sixty-one dollars and fifty-nine cents is hereby 

appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the support of 
the Xorthampton insane hospital during the present year, 
this sum being based upon the average number of state 
j)atients at the rate of three dollars and twenty-five cents 
per week, as provided for by sections one hundred and 
twenty-seven and one hundred and twenty-eight of chapter 
eighty-seven of the Revised Laws. The amount hereby 
appropriated is to include the cost of printing and binding 
the annual report, and is 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 Fehruary 23, 1005. 

Chap.104: A^' Act making appropriations for salaries and expenses 

IN THE DEPARTMENT OF THE ATTORNEY-GENERAL. 

Be it enacted, etc., as folloivs: 
Appropria- Section 1. The suuis hereinafter mentioned are appro- 

tilOUS 

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 five, to wit : — 
Attorney.gen- Por the Salary of the attorney-ffeneral, five thousand 

era), salary. -,-,-, ./ o 7 

dollars. 
Assistants, YoY 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 effect upon its passage. 

Approved February 23, 1905. 



Acts, 1905. — Chaps. 105, 106. 67 



An Act to authorize the city of everett to extend, CJiap.\()5 

RENEW OR REFUND A PART OF ITS EXISTING INDEBTED- 
NESS. 

Be it enacted, etc., as foUows: 

Section 1. The city of Everett is hereby authorized Everett may 
to extend, renew or refund a part of its existine; indebted- issue bonds, 

notes or 

ncss, and for that purpose may issue in each year for the scrip, etc. 
next ten years, bonds, notes or scrip to an amount not ex- 
ceeding twenty-five thousand dollars, payable within a 
period not exceeding twenty-five years from the date of 
issue, and bearing interest payable semi-annually at a rate 
not exceeding four per cent per annum. Such bonds, 
notes or scrip may be sold at public or private sale, and 
the proceeds thereof shall be used to discharge an equal 
amount of the annual maturing indebtedness of the city. 
The provisions of chapter twenty-seven of the Revised ^}"'fi'^^^'' 
Laws and of any amendments thereof shall, so far as they 
may be applicable, apply to the indebtedness authorized 
hereby and to the securities issued therefor ; and the bonds, 
notes or scrip issued under authority of this act shall not 
exceed the limit of municipal indebtedness fixed by law. 
Section 2. This act shall take effect upon its passage. 

Approved February 23, 1905. 

An Act relative to rewards for killing dogs found to n],^,^^ iq(3 

HAVE AVORRIED, MAIMED OR KILLED SHEEP OR CERTAIN ^ * 

OTHER DOMESTIC ANIMALS. 

Be it enacted, etc., as follows: 

Section one hundred and fifty-two of chapter one hun- r. l. loj, § 152, 
dred and two of the Revised Laws is hereby amended by '"''"ended, 
striking out the word " ten ", in the second line, and in- 
serting in place thereof the word : — twenty-five, — so as 
to read as follows: — Section 152. The mayor and alder- RcAvardsfor 
men of a city or the selectmen of a town may offer a re- foim"ft'n'i^;rvc 
ward of not more than twenty-five dollars for the killing do;"e8tl;./'*^"'' 
of any dog found to have worried, maimed or killed any animals, 
sheep, lambs, fowls or other domestic animals, thereby 
causing damages for which their owner may become en- 
titled to compensation from the dog fund as provided for 
in the preceding section, or for evidence which shall de- 
termine to the satisfaction of such mayor and aldermen 
or such selectmen who is the owner or keeper of the dog 



68 Acts, 1905. — Chaps. 107, 108. 

Ly which such damage is done. The county commission- 
ers, except in the county of Suffolk, are authorized and 
directed to pay the said reward from the dog fund upon 
a certificate signed by the mayor and aldermen or select- 
men. Approved February 23, 1905. 

Chap.XOl An Act to establish a separate equity docket for the 

SUPERIOR COURT FOR THE COUNTY OF ESSEX. 

Be it enacted, etc., as follows: 

fmwided. ^ ^^' Section 1. Sectiou cleveii of chapter one hundred 
and fifty-nine of the Revised Laws is hereby amended by 
striking out the word " and ", in the third line, and by 
inserting after the word '' Middlesex ", in the same line, 
the words : — and Essex, — so as to read as follows : — 

of cquitj^smts. Section 11. Suits in equity in the superior court shall 
be entered on the same docket as other cases, except in the 
counties of Suffolk, Middlesex and Essex, where they shall 
be entered upon a separate equity docket. All processes 
shall be returnable at the return day occurring next after 
fourteen days from the date of the process, if required to 
be served fourteen days before the return day, or at the 
return day occurring next after thirty days from such date 
if required to be served thirty days before the return day, 
or at any rule day within three months after the date of 
the process. 

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

Approved February 23, 1005. 

Chap.lOS An Act making appropriations for salaries and expenses 
in the office of the state board of education, and 
for sundry educational expenses. 

Be it enacted, etc., as folloivs: 

tidns."^ ""^ 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 five, to wit : — 

liucation"^ ^'^ -^*^^ ^^^ Salaries of the secretary and agents of, and for 

BJiiaries, etc. clerical assistance to, the state board of education, a sum 
not exceeding seventeen thousand dollars. 

Expenses. Yox incidental and contingent expenses of said board, 

and of the secretary thereof, a sum not exceeding two 
thousand dollars. 



Acts, 1905. — Chap. 108. 69 

Eor travelling and other expenses of the members of J^*^|xp^lses 
said board, a sum not exceeding one thousand dollars. of bo'^Jrd '^ 

For the travelling expenses of persons employed under Travelling 
the direction of said board, a sum not exceeding two thou- pe^g^'ons^^ °^ 
sand dollars. employed. 

For the support of the state normal school at Bridge- state normal 
water, a sum not exceeding forty-six thousand nine hun- Bi-idgewater. 
dred and eighty-one dollars. 

For the support of the state normal school at Fitchburg, Fit<-iii)ur.a:. 
a sum not exceeding twenty-eight thousand six hundred 
dollars. 

For the support of the state normal school at Fram- rramingham. 
ingham, a sum not exceeding thirty-three thousand and 
seventy-three dollars. 

For the support of the state normal school at Hyannis, iiyannis. 
a sum not exceeding twenty-two thousand five hundred 
and ninety-five dollars. 

For the support of the state normal school at Lowell, a Loweii. 
sum not exceeding twenty-nine thousand six hundred and 
thirty-five dollars. 

For the support of the state normal school at Xorth ^^rtu Adams. 
Adams, a sum not exceeding thirty thousand eight hun- 
dred ninety-seven dollars and thirty-three cents. 

For the support of the state normal school at Salem, saiem. 
a sum not exceeding thirty thousand nine hundred and 
seventy-five dollars. 

For the support of the state normal school at Westfield, ^^'f'^tfleid. 
a sum not exceeding twenty-nine thousand seven hundred 
and seventy dollars. 

For the support of the state normal school at Worcester, Worcester. 
a sum not exceeding twenty-four thousand six hundred 
and thirty-five dollars. 

For the support of the state normal art school, a sum not state normal 

1 • 1111 ^^^ sfliool- 

exceeding thirty-one thousand one hundred and twenty- 
six dollars. 

For the expenses of teachers' institutes, a sum not ex- Teachers' 
ceeding fifteen hundred dollars. • institutes. 

For tlie Massachusetts Teachers' Association, the sum Massachusetts 
of three hundred dollars, subject to the approval of the AssodaMon. 
state board of education. 

For expenses of countv teachers' associations, a sum not County 
exceeding six hundred and fifty dolhirs. associations. 

For the Dukes County Educational Association, the sum nukes county 
of fifty dollars. Associa'iion. 



70 



Acts, 1905. — Chap. 109. 



h/state'no"^ ^^^ ^^^ ^^ pupils in State normal scliools, a snm not 
mai schools. exceeding four thousand dollars, payable in semi-annual 
instalments, to be expended under the direction of the 
state board of education. 

To enable small towns to provide themselves with school 
superintendents, a sum not exceeding ninety-four thou- 
sand five hundred dollars. 

For the education of deaf j^upils of the Commonwealth 
in the schools designated l)y law, a sum not exceeding 
eighty-seven thousand dollars. 

For school registers and other school blanks for the 
cities and towms of the Commonwealth, a sum not exceed- 
ing twelve hundred dollars. 
Animal report. YoT printing and binding the annual report of the state 
board of education, a sum not exceeding three thousand 
dollars. 

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

Approved Fehruary 2Jf, 1905. 



School super- 
intendents in 
small towns. 



Education of 
deaf pupils. 



School blanks. 



Worcester 

Polytechnic 

Institute. 



Scholarships. 



Chap.109 Ax Act relative to certaix payments to be made to the 

WORCESTER POLYTECHNIC INSTITUTE. 

Be it enacted, etc., as follows: 

Section 1. There shall be paid annually from the 
treasury of the Commonwealth to the treasurer of the 
Worcester Polytechnic Institute, from the first day of 
September in the year nineteen hundred and five, the sum 
of ten thousand dollars. 

Section 2. In consideration of such payment and of 
the grant made by chapter fifty-seven of the resolves of 
the year eighteen hundred and sixty-nine the Worcester 
Polytechnic Institute shall maintain forty free scholar- 
ships, of Avhich each senatorial district in the Common- 
wealth shall be entitled to one if a candidate is presented 
who is otherwise unable to bear the expense of tuition. 
In case no such candidate appears from a senatorial dis- 
trict then a candidate may be selected from the state at 
large to fill such vacancy, who may continue to hold the 
scholarship annually until a candidate is presented from 
the senatorial district unrepresented. 

Section 3. The scholarships shall be awarded to such 
pupils of the public schools of Massachusetts as shall be 
found upon examination to possess the qualifications pre- 
scribed for the admission of students to said institute, and 



ScholarehipB, 
how awarded. 



Acts, 1905. — Chaps. 110, 111. 71 

as shall be selected by the board of education, preference 
in the award being given only to qualified candidates other- 
wise unable to bear the expense of tuition. 

Section 4. Chapter seventy-two, and so much of Repeal- 
chapter fifty-seven of the resolves of the year eighteen 
hundred and sixty-nine as relates to state scholarships, 
and chapter four hundred and seven of the acts of the year 
eighteen hundred and ninety-six, and chapter one hundred 
and fifty-seven of the acts of the year eighteen hundred 
and ninety-nine, are hereby repealed. 

Approved February 24, 1905. 

An Act relative to masters in chancery. ChciV.llO 

Be it enacted, etc., as folloivs: 

Section 1. A master in chancery may approve bonds Masters in 
or perform any other official act in any county, but he po'wersye'tc. 
shall not perform any official act in a case arising in any 
county other than the county for which he was appointed. 

Section 2. This act shall take eff"ect upon its passage. 

Approved Feliruary 24, 1905. 

An Act relative to the opening of the polls at elec- (JJidj) ill 

TIONS in towns. 

Be it enacted, etc., as follows: 

Section 1. The third paragraph of section two hun- r. l. ii, §213, 
dred and thirteen of chapter eleven of the Revised Laws '■^'"ended. 
is hereby amended by inserting before the word " six ", 
in the second line of that paragraph, the words : — fifteen 
minutes before, — so that said paragraph will read as 
follows : — In towns, at the election of state and town offi- Time of open-^ 
cers, the polls may be opened as early as fifteen minutes poll's at eiec- 
before six o'clock in the forenoon and shall be opened as '^ " ' 
early as twelve o'clock, noon, and shall be kept open at 
least four hours, and until the time specified in the war- 
rant when they may be closed ; and they may be kept open 
for such longer time as the meeting shall direct, but they 
shall not be kept open after the hour of sunset. At an- 
nual town meetings they shall be kept open at least one 
hour for the reception of votes upon the question of licens- 
ing the sale of intoxicating liquors. After an announce- 
ment has been made by the presiding officer of a time so 



72 



Acts, 1905. — Chaps. 112, 113. 



fixed for closing the polls they shall not he closed at an 
earlier hour. 

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

Approved February 21 , 1905. 



Chap. 112 Ax Act to extexd the corporate powers of the Plym- 
outh, CARVER AND WAREHAM STREET RAILWAY COMPANY 
AND THE TIME FOR THE CONSTRUCTION OF ITS ROAD. 

Be it enacted^ etc., as follows: 

Section 1. The time within which the Plymouth, 
Carver and Wareham Street Railway Company is re- 
quired to build and put in operation its road is hereby 
extended until the thirty-first day of May, nineteen hun- 
dred and seven. 

Section 2. The corporate powers of said company, 
and all the authority, powers and privileges now possessed 
by it, shall not cease but shall continue in full force and 
effect, notwithstanding any failure of the said company 
to build and put in operation some portion of its road 
Avithin eighteen months from the date of the certificate of 
its establishment, to wit : — the twentieth day of Novem- 
ber, nineteen hundred and three: provided, that said com- 
pany shall build and put in operation its road within the 
time specified herein. 

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

Approved February 37, 1905. 



Time 
extended. 



Cori)or:ite 
powers, etc., 
to continue in 
force, etc. 



Chan. 11^ An Act to authorize the town of watertown to con- 
struct A SCHOOL HOUSE IN SALTONSTALL PARK, AND TO 
INCUR INDEBTEDNESS THEREFOR. 

Be it enacted, etc., as follows: 

Section 1. The town of Watertown is hereby author- 
ized to construct a school house in Saltonstall park or in 
such other location as may be selected by vote of the town, 
and to expend therefor a sum not exceeding seventy thou- 
sand dollars, which sum shall not be reckoned in determin- 
ing the legal limit of indebtedness of the town. 

Section 2, For the above purposes the town may is- 
sue bonds, notes or scrip, payable within such periods, not 
exceeding twenty years from their date, and bearing such 
rate of interest, not exceeding four and one half i^or cent 



Town of 
AValertown 
may construct 
a school lioiise, 
etc. 



May issue 
Ijoiids, notes 
or scrip, etc. 



Acts, 1905. — Chap. 114. 73 

per annum, payable semi-annually, as the town may de- 
termine. The town shall at the time of authorizing the 
said loan provide for the payment thereof in such annual 
proportionate payments as will extinguish the same within 
twenty years; and thereafter, without further action of 
the town, the amount required for such payments shall be 
assessed by the assessors of the town every year, 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 is extinguished. Except 3^;|j'-^'^*" 
as otherwise provided herein the provisions of chapter 
twenty-seven of the Revised Laws shall, so far as they may 
be applicable, apply to the said loan and to the securities 
issued therefor. 

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

Approved Fchruanj 21 , 1905. 



An" Act making appropriations for continuing the pub- (Jln^^ 114 

LIGATION OF THE PROVINCE LAWS. 

Be it enacted^ etc., as foUoivs: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury of the Commonwealth 
from tlie ordinary revenue, for the purpose of completing 
the preparation and publication of the acts and resolves of 
the province of Massachusetts Bay, during the year end- 
ing on the thirty-first day of December, nineteen hundred 
and five, to wit : — 

For the salary of the editor, the sum of two thousand Province laws, 

■^ ' editor. 

dollars. 

For the salary of the chief clerk, fifteen hundred dol- Ginefcierk. 
lars. 

For clerical service and a messenger, a sum not exceed- ggrvice^etc. 
ing thirty-four hundred dollars. 

For stationery, postage, travelling and other necessary Exi)eiises. 
expenses, a sum not exceeding two hundred dollars. 

For printing and l)inding such volumes as may be com- Priutins? anri 
pleted, a sum not exceeding fifty-three hundred dollars. ^""'"=- 

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

Approved February 2S, 1905. 



74 



Acts, 1905. — Chaps. 115, 116, 117, 118. 



Chap.115 Ax Act relative to decexxial keturxs of overseers of 

THE POOR. 

Be it enacted, etc., as follows: 

Section forty-one of chapter eighty-one of the Revised 
Laws is hereby amended by striking out the said section 
and inserting in place thereof the following: — Section 41. 
In the year nineteen hundred and five and in every tenth 
year thereafter the return of the overseers of the poor shall 
contain true and correct answers to such additional in- 
quiries as the state board of charity may deem it advisable 
to make. Approved February 28, 1905. 



R. L. 81, § 41, 
amended. 



Decennial 
returns of 
overseers of 
the poor. 



C1iap.W.Q Ax Act relative to the Massachusetts horticultural 

society. 

Be it enacted, etc., as follows: 

Section 1. The Massachusetts Horticultural Society 
is hereby authorized to choose its treasurer and secretary 
in such manner and by such committees or other officers as 
its by-laws may from time to time prescribe. 

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

Approved February 28, 1905. 



Massacliusetts 
Hoiticultural 
Society, 
treasurer and 
secretarj-. 



Chap.117 Ax Act makixg ax appropriatiox for maixtaixixg the 

IXDUSTRIAL CAMP FOR PRISOXERS. 

Be it enacted, etc., as follows: 

Section 1. The sum of seventeen thousand five hun- 
dred dollars is hereby appropriated, to be paid out of the 
treasury of the Commonwealth from the ordinary revenue, 
for salaries and expenses at the industrial camp for pris- 
oners, during the year ending on the thirty-first da}' of 
December, nineteen hundred and five. 

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

Approved February 28, 1905. 



Industrial 
camp for 
prisoners, 
salaries, etc. 



Cliap.Vi^ Ax Act makixg appropriatioxs for certaix expexses of 

THE trustees OF THE LYMAN AXD IXDUSTRIAL SCHOOLS. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 



Appropria- 
tions. 



})riated, to be paid out of tlie treasury of the Commonwealth 



Acts, 1905. — CnAr. 119. 75 

from the ordinary reveniiG, for the purposes specified, for 
the year ending on the thirty-first day of December, nine- 
teen hmidred and five, to wit : — 

For travelling and other necessary expenses of the Trustees of 
trustees of the Lyman and industrial schools, including imiustHai'^ *" 
the cost of printing and binding their annual report, a expeu'ses. 
sum not exceeding twelve hundred dollars. 

For salaries and expenses of such agents as the trustees Agents. . 
of the Lyman and industrial schools may deem necessary 
to emj)loy, a sum not exceeding nine thousand dollars. 

For expenses in connection with boarding out children Boarding out 
from the Lyman school for boys, under the authority of '^ '^ ' *'^"' 
the trustees thereof, a sum not exceeding five thousand 
dollars. 

For expenses in coiuiection with the care of probationers care of 
from the state industrial school, including the cost Qf i""^'-^ '""*'''^- 
boarding out and other expenses of girls on probation, un- 
der the authority of the trustees of the Lyman and indus- 
trial schools, a sum not exceeding nine thousand dollars. 

For instruction in the public schools in any city or town instruction in 
of the Commonwealth, of children boarded out or bound ^'" ' "' ^* ^*"^ **' 
out by the trustees of the Lyman and industrial schools, 
a sum not exceeding eight hundred and twenty-five dollars. 

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

Approved Fehnianj 2S, 1905. 



An" Act making appropriations for salaries and expenses nj]f-,^ 1 1 o 

AT THE STATE HOSPITAL. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Approi.na- 
priated, to be paid out of the treasury of the Commonwealth *'""^' 
from the ordinary revenue, for the state hospital, for the 
year ending on the thirty-first day of December, nineteen 
hundred and five, to wit : — 

For the payment of salaries and wages, a sum not ex- state iiospitai, 
ceeding fifty-four thousand dollars. ^"' "■"*''^' '' 

For other current expenses, including the cost of print- Expenses, 
ing and binding the annual reiwrt of said institution, a 
sum not exceeding one hundred seventy-three thousand 
three hundred and twenty-five dollars. 

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

Approved Fehriiiirji :?S. H)fh~>. 



76 Acts, 1905. — Chaps. 120, 121, 122. 



Chap.120 An" Act relative to the city hospital of the city of 

WORCESTER. 

Be it enacted^ etc., as follows: 

w^oiceetoMiiav Section" 1. The citv of Worcester is hereby author- 
estabiish, etc., j^ed to establish and maintain a morgue, in connection 

a morgue. . . i • i i & ? 

with the hospital authorized by chapter three hundred and 
thirty-nine of the acts of the year eighteen hundred and 
seventy-one, and its city council shall have power to make 
such ordinances, rules and regulations respecting the said 
morgue as it may deem expedient. 

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

Approved March 1, 1005. 



CJiap.121 An^ Act makixg an appropriation for the Worcester 

INSANE ASYLUM. 

Be it enacted, etc., as follows: 
Worcester Section 1. The sum of oue hundred thirtv-two thou- 

insane a.svliim. in ii- "-ii 

sand seventy-two dollars and thirty-two cents is hereby 
appropriated, to be paid out of the treasury of the Com- 
monwealth from the ordinary revenue, for the support of 
the Worcester insane asylum during the present year, this 
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 six, one hundred and twenty- 
seven and one hundred and twenty-eight of chapter eighty- 
seven of the Revised Laws. The amount hereby appro- 
priated is to include the cost of printing and binding the 
annual report, and is to be in addition to the receipts from 
other sources; and so nnich of said receipts as may be 
needed to pay the expenses of said institution may be used 
for that purjwse. 

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

Appi'oved March 1, 1905. 



C/i«79.122 An Act to provide further for the protection of quail 

ON THE ISLAND OF NANTUCKET. 

Be it enacted, etc., as follows: 

rualf onTsian.i Sectton 1. It shnll bo uulawful to take, kill or have 
otNantnckft. in posscssioii any quail on the island of Nantucket at any 



Acts, 1905. — Chap. 123. 77 

time within three years after the first day of March in the 
year nineteen hundred and five. 

Section 2. Whoever violates any provision of this act Penalty, 
shall be punished by a fine of twenty dollars for every 
quail taken, killed or had in possession contrary to the 
jirovisions hereof. Approved March 2, 1905. 

An Act making appropriations for salaries and expenses rii,f,j^ 19*^ 

IN THE department OF THE ADJUTANT GENERAL, AND FOR ^ ' ^' 

SUNDRY military EXPENSES. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Aiiproiiria- 
priated, to bo 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 five, to wit : — 

For the salary of the adjutant general, thirty-six hun- A.ijiituut 
dred dollars. genem . 

For the salaries of the six clerks in the adjutant gen- Oeiks. 
eral's department, ninety-two hundred dollars. 

For the salary of the messenger in the adjutant general's Messenger, 
department, eight hundred dollars. 

For such additional clerical assistance as the adjutant ciem-ai 

V J. assistance. 

general may find necessary, and lor the compensation 01 
employees at the state arsenal, a sum not exceeding sixty- 
three hundred dollars. 

For incidental and contingent expenses in the adjutant Expenses, 
general's department, a sum not exceeding thirt^^-five hun- 
dred dollars. 

For printing and binding the annual report of the adju- Annual reiiort. 
tant general, a sum not exceeding one thousand dollars. 

For comjjensation of officers and men of the volunteer Mnitia, 
militia, a sum not exceeding one hundred and sixty thou- ^^"U'unsation. 
sand dollars. 

For the transportation of officers and men of the vol- Trausporu- 

.,. . ^, ... 1 1 tion. 

unteer militia, when on military duty, a sum not exceed- 
ing eighteen thousand dollars. 

For expenses in connection with the rifle practice of the Rifle practice, 
volunteer militia, a sum not exceeding twenty-four thou- 
sand dollars. 

For an allowance to commissioned officers of the militia Aiiowam-cto 

, 1 ,1 1 £ •£ J. T ollicers toward 

toward tlie purchase 01 uniiorms, a sum not exceeding purchase of 
seventeen thousand dollars. " uniforms. 



78 



Acts, 1905.— Chap. 124. 



Allowance to 
officers for 
care of prop- 
erty. 

Clothing. 



Rent of 
armories, etc. 



Care, etc., of 
armories. 



Janitors. 



Quarter- 
masters' 
supplies. 

Expenses. 



Military 
accounts. 



Camp ground, 
etc. 



Care, etc., of 
U. .S. steamer 
Inca. 



For allowance to officers of the militia for the care and 
resjwnsibility of property, a sum not exceeding five thou- 
sand dollars. 

For allowance and repairs of clothing of the volunteer 
militia, a sum not exceeding ninety-six hundred dollars. 

For rent of brigade and battalion headquarters and com- 
pany armories, a sum not exceeding twenty-eight thousand 
dollars. 

For heating, lighting, furnishing and caring for the 
armories recently erected in certain cities of the Common- 
Avealth for the use of the volunteer militia, a sum not ex- 
ceeding thirty-eight thousand dollars. 

For services of janitors of certain armories, a sum not 
exceeding six thousand dollars. 

For quartermasters' supplies, a sum not exceeding 
eleven thousand dollars. 

For incidental and contingent expenses of the quarter- 
master general's department, a sum not exceeding six thou- 
sand dollars. 

For expenses in connection with military accounts not 
otherwise provided for, a sum not exceeding four thousand 
dollars. 

For grading and care of the camp ground and buildings 
of the Commonwealth at Framingham, a sum not exceed- 
ing two thousand dollars. 

For furnishing, repairing and caring for the United 
States steamer Inca, a sum not exceeding twelve hundred 
dollars. 

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

Approved March 3, 1905. 



1'.I(I3, -200, § 1, 
amended. 



Chap.124: -^^ -^CT TO PROVIDE FOR SALE OF REAL ESTATE BY PUBLIC 

ADMINISTRATORS. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 
sixty of the acts of the year nineteen hundred and three 
is hereby amended by striking out the words " the same ", 
in the fifth line, and inserting in place thereof the word: 

— such, — by striking out the words " the same ", in the 
sixth line, and inserting in place thereof the word : — such, 

— by striking out the word " which ", in the sixth line, 
and inserting in place thereof the word : — as, — and by 
inserting a comma after the word " orders ", in said sixth 



Acts, 1905. — Chap. 125. 79 

line, so as to read as follows: — Section 1. The probate saieofreai 
court may, upon the petition of a public administrator, neadmmietra. 
with the consent of all parties interested or after notice, *«'■«' ^t^- 
license him to sell the real property or any undivided in- 
terest therein belonging to the estate of the intestate, in 
such manner and upon such notice as the court orders, for 
the purpose of distribution; and the net proceeds of such 
sale, after deducting the expenses thereof and such amount 
as may be required for the payment of debts in conse- 
quence of a deficiency in the personal propert}', shall, after 
two years from the time of the filing of the administra- 
tor's bond, or in case he has filed a general bond after two 
years from the date of his appointment, be distributed to 
the persons who would have been entitled to said real prop- 
erty in the proportions to which they Avould have been 
entitled had it not been sold. 

Section 2. Any license heretofore granted by a pro- certain sales 
bate court to a public administrator to sell the real estate etc. ' 
of an intestate, obtained on proceedings in conformity 
with the requirements of the foregoing section, and any 
sale heretofore made in pursuance of such a license are 
hereby ratified and confirmed. 

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

Approved March, 3, 1905. 

Ax Act making appropriations for deficiencies in ap- (JJk^j) 125 

PROPRIATIONS FOR SUNDRY EXPENSES AUTHORIZED IN THE 
YEAR NINETEEN HUNDRED AND FOUR. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap]iro- Appropria. 
priated, to be paid out of the treasury of the Commonwealth *'°"^' 
from the ordinary revenue, for certain expenses in excess 
of the appropriations therefor in the year nineteen hundred 
and four, to wit : — 

For blank forms for town officers, the sum of twenty- Blank forms 
nine dollars and four cents. oiWer"" 

For printing and binding public documents, the sum of Public 

dociiiiicnts 

one thousand twenty-seven dollars and fifty-one cents. 

For printing the report of capital trials, the sum of one capital trials, 
thousand fifty-seven dollars and fifty-four cents. 

For travelling and incidental expenses of the comniis- cominission. 
sioners of savings banks, the sum of two hundred thirty- bauks.^'*'^*"*''^ 
one dollars and sixty-seven cents. 



80 



Acts, 1905. — Chap. 125. 



ll;iilroad com- 
missioners, 
messenger, etc. 



Tuition of cer- 
tain cliiklren. 



Gas and elec- 
tric light com- 
missioners. 



Board of 
registration in 
veterinary 
medicine." 

Highway 
commission. 



Hospital 
Cottages for 
Cliildren. 

Transportation 
of paiijiers. 



Support of 
pauper infants. 

Militia, 
clotliing. 



Care, etc., of 
armories. 



Quartermaster 

general's 

department. 



Quarter- 
masters' 
supplies. 

Military 
accounts. 



For rent, care of office and salary of a messenger for 
the railroad commissioners, the sum of ninety dollars and 
forty-eight cents. 

For the payment of the tuition of children attending 
school outside of the town in which they reside, the sum 
of five thousand five hundred eighty-three dollars and sev- 
enty-five cents. 

For certain expenses of the gas and electric light com- 
missioners, the sum of four hundred seven dollars and 
eighty cents. 

For expenses of the board of registration in veterinary 
medicine, the siun of five hundred sixty-one dollars and 
seventy cents. 

For travelling and other expenses of the Massachusetts 
highway commission, the sum of two hundred ninety-eight 
dollars and fifty-nine cents. 

For the Hospital Cottages for Children, the sum of 
three hundred sixteen dollars and seventy -two cents. 

For the transportation of paupers under the charge of 
the state board of insanity, the sum of twelve hundred 
ninety dollars and seven cents. 

For the support of pauper infants, the sum of twenty- 
six hundred thirty-two dollars and ninety-eight cents. 

For allowance for clothing, and for repair of the same, 
of the Massachusetts militia, the sum of six hundred seven 
dollars and sixty-seven cents. 

For heating, lighting and caring for state armories, the 
sum of seventy-four hundred seventy-three dollars and 
eighty-seven cents. 

For incidental and contingent expenses of the quarter- 
master general's department, the sum of three thousand six- 
teen dollars and twenty-six cents. 

For quartermasters' supplies, the sum of seven hundred 
thirteen dollars and forty-three cents. 

For expenses in connection with military accounts not 
otherwise provided for, the sum of one hundred fifty-six 
dollars and four cents. 

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

Approved March 3, 1905. 



Acts, 1905. — Chaps. 12G, 127. 81 



An Act making appropriations for the salary and ex- Chap.Vli^ 

PENSES OF the STATE FORESTER. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Aiipropria- 
priated, to he paid out of the treasury of the (\:)minonweahh 
from the ordinary revenue, for the purposes specified, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and five, to wit : — 

For the salary of the state forester, two thousand dollars, state forester, 

For the clerical assistance and incidental and contingent Exijcnscs. 
expenses of the state forester, a sum not exceeding four 
thousand dollars. 

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

Approved March 3, 1905. 

An Act relative to the appointment of conservators (JJidyj 127 

OF THE PROPERTY OF NON-EESIDENTS. 

Be it enacted, etc., as follows: 

Section 1. Section forty of chapter one hundred and ^^'amendea 
forty-five of the Revised Laws, as amended by section one 
of chapter ninety-six of the acts of the year nineteen hun- 
dred and three, is hereby further amended by inserting 
after the word " resides ", in the fourth line, the words : — 
or, if he resides out of the Commonwealth, the probate 
court of any county in which he has property, — so as to 
read as follows : — Section AO. If a person bv reason of CouBcrvators 

^ . 1 I of jiroiHTt} of 

advanced age or mental weakness is unable to properlv »-*''' i'>'i«'.'"8, 
care for his property the probate court oi the county m ment, etc. 
.which he resides, or, if he resides out of the Common- 
wealth, the probate court of any county in which he has 
pro]ierty, may, upon his petition or upon the petition of one 
or more of his friends, appoint a conservator of his prop- 
erty. Upon the filing of such petition, the court shall ap- 
point a time and place for a hearing, and shall cause at 
least fourteen days' notice thereof to be given to the person 
for whom a conservator is to be appointed if he is not the 
petitioner. If at the hearing it appears that such person 
is incapable of properly caring for his property a conser- 
vator shall 1)0 a])pointed who shall have the charge and man- 
agement of such ])roperty subject to the direction of the 
court. Such conservator may be discharged by the probate 



82 Acts, 1905. — Chap. 128. 

court upon the application of the ward, or otherwise, when 
it appears that the conservatorship is no longer necessary. 
But a conservator of the projoerty of a married person 
shall not be appointed or discharged without such notice as 
the court may order to the husband or wife of such person. 
Section 2. This act shall take effect upon its passage. 

Approved March 3, 1905. 

Chap.128 ^^ ^CT RELATIVE TO THE MASSACHUSETTS SCHOOL AND HOME 
FOR CRIPPLED AND DEFORMED CHILDREN. 

Be it enacted, etc., as follows: 

amended^ ^^' Section 1. Section thirteen of chapter four hundred 
and forty-six of the acts of the year nineteen hundred and 
four, being " An Act to establish the Massachusetts school 
and home for crippled and deformed children ", is hereby 
amended bv strikino- out the whole section and inserting; in 

Prisons and place thereof the following: — Section 13. For the pur- 

Loan. ' pose of meeting expenses incurred under the provisions of 

this act the treasurer and receiver general is hereby author- 
ized, with the approval of the governor and council, to 
issue scrip or certificates of indebtedness to an amount not 
exceeding three hundred thousand dollars, for a term not 
exceeding thirty years. Such scrip or certificates of in- 
debtedness shall be issued as registered bonds or with 
interest coupons attached, and shall bear interest at a rate 
not exceeding four per cent per annum. They shall be 
designated on the face thereof. Prisons and Hospitals 
Loan, shall be countersigned by the governor and shall be 
deemed a pledge of the faith and credit of the Common- 
wealth, and the principal and interest shall be paid at the 
times specified therein in gold coin of the United States 
or its equivalent ; and such scrip or certificates shall be sold 
or disposed of at public auction, or in such other mode, 
and at such times and prices, and in such amounts, as the 

Sinking fund, treasurer shall deem best. The sinking fund established 
by chapter three hundred and ninety-one of the acts of the 
year eighteen hundred and seventy-four, known as the 
Prisons and Hospitals Loan Sinking Fund, shall also be 
maintained for the purpose of extinguishing the bonds 
issued under the authority of this act, and the treasurer 
and receiver general shall apportion thereto from year to 
year an amount sufficient with the accumulations of said 
fund to extinguish at maturity the debt incurred by the 



Acts, 1905. — Chaps. 129, 130. 83 

issue of said bonds. Any preminnis received from the 
sale thereof shall be paid into the sinking fund. The 
amount necessary to meet the annual sinking fund require- 
ments and to pay the interest on said bonds shall be raised 
by taxation from year to year. 

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

Approved March 3, 1905. 



Cha2).129 



An Act making an appropriation for expenses in con- 
nection WITH the purification OF MYSTIC RIVER. 

Be it enacted, etc., as folloivs: 

Section 1. The sum of thirty-five hundred dollars is Purincatiou of 
hereby appropriated, to be paid out of the treasury of the etcf *'*^ "^^^' 
Commonwealth from the ordinary revenue, to be expended 
under the direction of the state board of health, for prepar- 
ing a report with plans in reference to purifying Mystic 
rivef, Alewife brook and the adjacent water courses, ponds 
and drainage areas, as provided for by section two of 
chapter four hundred and forty-five of the acts of the year 
nineteen hundred and four. 

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

Approved March 7, 1905. 



ChapAdO 



An Act relative to certain damages to be paid by the 
haverhill and boxford street railway company. 

Be it enacted, etc., as folloivs: 

Section four of chapter four hundred and forty-nine of jnllended?^' 
the acts of the year nineteen hundred and four is hereby 
amended by adding at the end thereof the following : — 
The said comijanv shall pay all damages to property sus- certain d.-im- 

. . Hires to be paid 

tained by any person or corporation by the taking of any iiy the Haver- 
lands, buildings, wharves, piers and structures, or by any ford'lstrect*^' 
other thing done by said company under the authority of panyy'^^^""^' 
this act; and upon application of the owner of any lands 
or other property taken or injured under this act the county 
commissioners for the county of Essex shall require said 
company to give satisfactory security for the payment of 
all damages and costs which may be awarded to such owner 
for such taking or injury; but before requiring such secur- 
ity the said county commissioners shall, if application 
therefor is made by either party, make an estimate of the 
damages which may result from such taking or injury, and 



84 Acts, 1905. — CiiAra. 131, 132. 

the said county comiuissioners sliall in like manner re- 
quire further security if at any time the security before 
required a])pears to them to have become insufficient; and 
all the right or authority of said company to enter upon vor 
use such land or other property, except for the purpose of 
making surveys, shall be suspended until it gives the secur- 
ity required as aforesaid. Approved March 7, 1905. 



Chap.lSl An Act making an appropriation for a deficiency in 

THE appropriation IN THE YEAR NINETEEN HUNDRED AND 
FOUR FOR THE EXTERMINATION OF DISEASES AMONG HORSES, 
CATTLE AND OTHER ANIMALS. 

Be it enacted, etc., as follows: 

oni?seal'e'r'"° Section 1. The sum of five thousand dollars is hereby 
■ininvfis appropriated, to be paid out of the treasury of the Com- 

monwealth from the ordinary revenue, to meet certain 
expenses in the year nineteen hundred and four, in con- 
nection with the extermination of diseases among horses, 
cattle and other animals. 

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

Approved March 1 , 1905. 

Chap.132 An Act to authorize the city of beverly to incur in- 
debtedness BEYOND ITS DEBT LIMIT, FOR WATER SUPPLY 

purposes. 

Be it enacted, etc., as follows: 

LoInfAcLT'' Section 1. The city of Beverly, for the purpose of 
1^5- relaying pipes and of improving and extending its system 

of water supply, may from time to time issue negotiable 
notes or bonds to an amount not exceeding one hundred 
thousand dollars in addition to the amount which it is 
now authorized to issue, to be denominated on the face 
thereof, Beverly Water Loan, Act of 1905, and to bear in- 
terest at a rate not exceeding four per cent per annum, 
payable semi-annually. 
HiHie.Vi'n '"' Section 2. Such notcs or bonds shall be payable within 

deiH"imu°ltc ^^^^'^^ periods, not exceeding thirty years from the dates of 
issue, as the city council shall from time to time determine, 
and, except as otherwise provided herein, shall be issued 
in accordance with the provisions of chapter twenty-seven 
of the Revised Laws and of acts in amendment thereof and 



Acts, 1905. — Chaps. 133, 134, 135. 85 

in addition thereto ; and they shall not be included in de- 
termining the legal limit of indebtedness of the city. 

Section 3. The city comicil of said city shall at the Payment of 
time of authorizing said loan provide for the payment '°'*°' 
thereof in such annual proportionate payments as will ex- 
tinguish the same within the time prescribed in this act; 
and, without further action by the city council, the amount 
required for such payments shall be assessed by the assess- 
ors of said city in each year in the same manner in which 
other taxes are assessed by law, until the debt incurred by 
the city shall be extinguished. 

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

Approved March 1, 1905. 

An Act to establish the office of clerk of the district (JJfdj) ^33 

COURT OF CENTRAL MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. There shall be appointed by the governor, office of cierk 
with the advice and consent of the council, a clerk of the court oVcentrai 
district court of central Middlesex, who shall perform the estabifsued. 
duties and have the powers prescribed by law in the case 
of clerks of like courts in this Commonwealth. 

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

Approved March 7, 1905. 



An Act to prohibit loitering within the stations and 
certain other property of street railway comp 

NIES. 



A- ^ 



Be it enacted, etc., as follows: 

Whoever without right loiters or remains within a sta- Loitering 
tion or station house of a street railway company, or upon etc^'oTstreet"^' 
the platform, stairs, grounds or other property owned or [I'miog^.rohij,. 
controlled by a street railway company, adjacent to such *'^*^''- 
station, after being requested to leave the same by a special 
or other police officer, shall forfeit not less than two nor 
more than twenty dollars. Approved March 7, 1905, 

An Act to incorporate the trustees of the theodore l. (JJkij) 135 
bonney g. a. r. hall. 

Be it enacted, etc., as follows: 

Section 1. Robert Calder, Josiah G. Cook, John TmstecHof 
Scates and their successors, are hereby made a corporation iulm",''yj\,st 



86 



Acts, 1905. — Chap. 135. 



G. A. R. Hall 
incorjjorated. 



To liold certain 
property. 



Oflicers, etc. 



Treasurer to 
give bond. 



Membership. 



By-laws, etc. 



by the name of the Trustees of Theodore L. Bonney Post 
G. A. R. Hall, located in the town of Hanson, with the ex- 
emption from taxation provided for in the fifth clause of 
section five of chapter twelve of the Revised Laws, and 
with the powers and subject to the duties, restrictions and 
liabilities set forth in all general laws now or hereafter in 
force relating to such corporations. 

Section 2. The object of the said corporation shall be 
to hold in trust property conveyed to it by deed of John 
Foster of said Hanson, dated April first, nineteen hundred 
and four, and recorded in Plymouth county registry of 
deeds, in book eight hundred and eighty, page forty-four, 
for the use and benefit of Theodore L. Bonney Post 
G. A. R., and other kindred organizations connected with 
said post, and any other property, which may be given to 
said corporation, in trust or otherwise, for the same pur- 
pose. 

Section 3. The officers of the corporation shall be a 
president, a secretary and a treasurer, who shall be elected 
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 co-pj 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 
property intrusted to him, conditioned that he shall safely 
keep, invest and pay out the funds intrusted to him. 

Section 4. Any person becoming a trustee under the 
provisions of said deed shall, by virtue of said trust, be- 
come a member of the corporation, and he shall remain 
such so long as he remains a trustee, and any person ceas- 
ing to be a trustee under said deed shall thereupon cease 
to be a member of the corporation. 

Section 5. Said corjwration may make by-laws, not 
inconsistent with the provisions of this act, with the stat- 
utes of the Commonwealth, or with the terms of said trust; 
and generally said corporation may do all acts and things 
necessary and expedient to be done for the purpose of 
carrying into full effect the purposes and provisions of this 
act. 

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

Approved March 1, 1905. 



Acts, 1905. — Chap. 136. 87 



An Act relative to the proprietors of saint peter's Q^ynfry 136 

CHURCH IN SALEM. 

Be it enacted, etc., as follows: 

Section 1. The Proprietors of Saint Peter's Churcli ^ii^ fj''^^^]^- 
in Salem, duly incorporated bv an act passed February 24, y^-iy^'^^ ( luircii 

•' "^ . i .. •^ .i ", . lu .Salem, inem- 

1 i 04, may irom time to time, notwithstanding anything berawp, etc. 
contained in its charter, make by-laws providing for the 
enlargement of its membership, so as to include persons 
not proprietors who may be adjudged eligible, in such a 
manner as may be determined by said society and as set 
forth in its by-laws. Persons so admitted under this act 
shall, while members of said corporation, have the same 
rights and powers and be subject to the same liabilities as 
the present members of said corporation ; and said corpora- 
tion may also from time to time make such by-laws concern- 
ing other matters as it could make if organized under 
general laws relating to like corporations. 

Section 2. The name of said corporation is hereby Name cuangeii, 
changed to the Parish of St. Peter's Church in Salem, 
Massachusetts, and the annual meeting of said corporation 
shall hereafter be held on the third Tuesday of January 
in each year, beginning with the year nineteen hundred 
and six. 

Section 3. The said corporation is hereby allowed to Mayhouicer- 
hold property, real and personal, to the amount of fifty •"" '^"""i'^'' > • 
thousand dollars, in addition to its church buildings and 
land appurtenant thereto. 

Section 4. Said corporation is hereby authorized to Trani3ferof 
transfer to the Trustees of Donations to the Protestant *^™^'*'^ •' 
Episcopal Church in the Diocese of Massachusetts any or 
all of the property held by it, both real and personal, should 
the corporation at any time by a two thirds vote of the mem- 
bers present and voting, at a meeting duly called for the 
purpose, vote to make such transfer. 

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

Aijproved March 1 , 1905. 



88 



Acts, 1905. — Chaps. 137, 138. 



Cha2^.1^7 An Act to change the name of the proprietors of the 

PROTESTANT EPISCOPAL CHURCH IN ANDOVER, AND TO CON- 
FIRM THE TITLE OF SAID CORPORATION TO CERTAIN PROP- 
ERTY. 



Name changed. 



Title to prop- 
erty vested in 
The Parish of 
Clirist Church 
in Andover. 



May hold real 
and personal 
proi>erty. 



Be it enacted, etc., as follows: 

Section 1. The religions society incorporated by chap- 
ter two hundred and ten of the acts of the year eighteen 
hundred and fifty-five shall hereafter be known as The 
Parish of Christ Chnrch in Andover, instead of Proprie- 
tors of the Protestant Episcopal Church in Andover, as 
named in said act. 

Section 2. The title to all property, real and personal, 
heretofore or hereafter acquired by said corporation or now 
held by it under the name of Proprietors of the Protestant 
Episcopal Church in Andover, or Wardens and Vestry of 
Christ Church, Andover, or Rector, Wardens and Vestry 
of Christ Church, Andover, or Wardens and Vestry of the 
Parish of Christ Church, Andover, or Parish of Christ 
Church, Andover, or under any other name, is hereby con- 
firmed to and vested in the said corporation, under the said 
name of The Parish of Christ Church in Andover. 

Section 3. Said corporation may hold real and per- 
sonal property to the amount of two hundred and fifty 
thousand dollars, the income of which shall be appropri- 
ated exclusively to parochial purposes. 

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

Approved March 7, 1905. 



Ch(tpA3S Vn Act relative to the number of copies of the annual 

REPORT OF THE BOARD OF RAILROAD COMMISSIONERS. 



Report 
lioanl . 
road (■ 
sioner 



of 

.f rail- 
)minis- 



Repeal. 



Be it enacted, etc., as follows: 

Section 1. There shall be printed annually forty-five 
hundred copies of the annual report of the board of rail- 
road commissioners, of which twenty-two hundred and 
fifty shall be bound without returns. 

Section 2. So much of section seven of chapter nine 
of the Revised Laws, relating to the number of copies of 
the annual report of the board of railroad commissioners 
as is inconsistent herewith is hereby repealed. 

Approved March 7, 1905. 



Acts, 1905. — Chaps. 139, 140, 141. 89 



An Act relative to the shawmut universalist society. Q]^^^^ 139 
Be it enacted, etc., as follows: 

Section 1. The society which was incorporated by Name changed, 
chapter thirty-nine of the acts of the year eighteen hnndred 
and thirty-eight as the Fifth Universalist Society in the 
city of Boston, and is now the Shawmnt Universalist Soci- 
ety, its name having been changed by chapter forty-three 
of the acts of the year eighteen hnndred and sixty-three, 
shall hereafter be known by the name of the Beacon Uni- 
versalist Parish. 

Section 2. Said corporation may, for religious, be- May take and 
nevolent and charitable purposes, take and hold personal and real 
and real property within the Commonwealth to an amount ^^^^^^ ■• 
not exceeding two hundred thousand dollars. 

Section 3. The acts and proceedings of said Shawmut |:ee'd?n"8!™tc. 
Universalist Society are hereby ratified, confirmed and de- conflmed. 
clared valid. 

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

Approved March 7, 1905. 



An Act to authorize the American unitarian associa- (JJiap.l4:0 
tion to hold real and personal estate for educational 

AND charitable PURPOSES. 

Be it enacted, etc., as follows: 

Section 1. The American Unitarian Association is The American 
hereby authorized to hold real and personal estate, to be AssoVia'tion 
devoted to moral, religious, educational and charitable pur- "lid personal'' 
poses, to the amount now authorized by law to be held by ''^'■'''''e. 
it for the purposes specified in its act of incorporation. 

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

Approved Marcli 1 , 1905. 



An Act to ratify and confirm certain proceedtnos of QJ^dj) 1^1 

THE young men's CHRISTIAN ASSOCIATION OF GLOUCES- 
TER. 

Be it enacted, etc., as follows: 

Section 1. The proceedings of any meetings of the certain jm.- 
Young Men's Christian Association of Olouecster, a cor- tiK'*Y.'.mi^''^ 
poration duly organized on the tenth (hiy of April in tlie Jiau'lsiocia- 



90 



Acts, 1905.— Chap. 142. 



tion of 

Gloucester 

conlirmed. 



year eigiitcen liTindred and ninety-three, held prior to the 
twentieth day of Jannary in the year nineteen hundred 
and five, shall not be invalid because its records do not 
show that certain clerks of said association were duly 
sworn, or because said clerks were not sworn according to 
law; and all acts done by said association since its incor- 
poration are hereby ratified and confirmed. 

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

Approved March 7, 1005. 



Cliap.\42i ^^^ ^^'^ MAKING APPROPRIATIONS FOR THE SALARIES AND 
EXPENSES OF THE DISTRICT POLICE. 



Be it enacted, etc., as follows: 



A ppropria 
tions. 



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 five, to wit : — 

For the salary of the chief of the district police, twenty- 
five hundred dollars. 

For the salary of the first clerk in the ofilce of the chief 
of the district police, fifteen hundred dollars. 

For the salary of the second clerk in the office of the 
chief of the district police, one thousand dollars. 

For postage, printing, stationery, telephone, telegraph, 
incidental and contingent office expenses in the department 
of the district police, a sum not exceeding four thousand 
dollars. 
Annual report. YoY printing and binding the annual report, a sum not 
exceeding seven hundred dollars. 



Chief of 
district police 



First clerk. 



Second clerk. 



Expenses. 



Deputy chief 
of ilelective 
department. 



Clerk. 



Stenogi-apher. 



Members, 
compensation. 



DETECTIVE DEPARTMENT. 

For the salary of the deputy chief of the detective de- 
partment of the district police, twenty-four hundred dol- 
lars. 

For the salary of the clerk in the detective department 
of the district police, twelve hundred dollars. 

For the salary of the stenographer in the detective de- 
partment of the district police, twelve hundred dollars. 

For compensation of the members of the detective de- 
partment of the district police, a sum not exceeding twenty- 
one thousand dollars. 



Acts, 1905. — Chap. 143. 91 

For the compensation of the fire inspectors of the detec- Fireinspec 
tive department of the district police, seventy-five hundred 8?itfon!'"'^'^"' 
dollars. 

For travelling expenses of the members of the detective Travelling 
department of the district police, a snm not exceeding ^'-''i'®"^*'®- 
twelve thousand six hundred dollars. 

For special services and expenses of persons ein ployed vfife^g''^et(-^^'of 
under the direction of the deputy chief of the detective I'fJ ^^JJ® '^'"" 
department of the district police, in the investigation of 
fires, including witness fees, travel, contingent and inci- 
dental expenses, a sum not exceeding two thousand dollars. 

INSPECTION DEPARTMENT. 

For the salary of the deputy chief of the inspection de- Deputy chief 
partment of the district police, twenty-four hundred dol- iiepartment!^ 
lars. 

For the salary of the clerk in the inspection department ^lerk. 
of the district police, six hundred dollars. 

For the compensation of the members of the inspection Members, 
department of the district police, a sum not exceeding '^*' ""' 
fifty-five thousand dollars. 

For travelling expenses of the members of the inspection Travelling 
department of the district police, a sum not exceeding fif- '^^i^*'"^'^^- 
teen thousand dollars. 

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

Approved March 7, 1905. 

An Act to authorize the city op beverly to incur in- (JJidrp ;[43 

DEBTEDNESS BEYOND ITS DEBT LIMIT, FOR SCHOOL PUR- 
POSES. 

Be it enacted, etc., as foUoivs: 

Section 1. The city of Beverly, for the purpose of Loa^j'^'xct of "' 
acquiring land and of erecting and furnishing new build- ^'•'^^^ 
ings or additions to present buildings for school purposes, 
may from time to time issue negotiable notes or bonds to 
an amount not exceeding two hundred and fifty tliousand 
dollars in addition to the amount which it is now author- 
ized to issue, to be denominated on the face thereof, Beverly 
School Loan, Act of 1905, and to bear interest at a rate not 
exceeding four per cent per annum, i)ayable semi-annually. 

Section 2. Such notes or l)onds shall be payable^ Avitliin Payment of 
such periods, not exceeding twenty years from the dates of "■'"'^'*- 



92 



Acts, 1905. — Chaps. 144, 145. 



Xot to be 
iuchided in 
(leterininiug 
<lel)t limit. " 
To provide for 
annual pay- 
nients on loan, 
etc. 



issue, as the city council shall from time to time determine, 
and, except as otherwise provided herein, shall be issued in 
accordance with the provisions of chapter twenty-seven of 
the Revised Laws and of acts in amendment thereof and in 
addition thereto; and they shall not be included in deter- 
mining the legal limit of indebtedness of the city. 

Sectioisi 3. The city council of said city shall at the 
time of authorizing said loan provide for the payment 
thereof in such annual proportionate payments as will ex- 
tinguish the same within the time prescribed in this act; 
and, without further action by the city council, the amount 
required for such payments shall be assessed by the assess- 
ors of the city in each year, in the same manner in which 
other taxes are assessed by law, mitil the debt incurred by 
the city shall be extinguished. 

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

Approved March 7, 1905. 



C/('a«.144 Ax Act relative to the by-laws or towns. 

Be it enacted, etc., as follows: 



1904, P.44, § 2, 
amended. 



Certain by- 
laws of towns 
to continue in 
force without 
approval, ett;. 



Section 1. Section two of chapter three hundred and 
forty-four of the acts of the year nineteen hundred and 
four is hereby amended by striking out all of said section 
and inserting in place thereof the following : — Section 2. 
Any town by-law in force at the time of the passage of this 
act shall continue to be in force without the approval and 
publication provided for by section one hereof. 

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

Approved March 1, 1905. . 



Chap.l4:5 An Act to authorize the town of watertown to borrow 

MONEY FOR PURPOSES CONNECTED WITH THE WIDENING OF 
GALEN STREET. 

Be it enacted, etc., as follows: 

Section 1. The town of Watertown is hereby author- 
ized to borrow, for a term not exceeding twenty years, a 
sum not exceeding seventy-five thousaud dollars, for the 
purpose of widening and constructing Galen street, as laid 
out by the county commissioners of the county of Middle- 
sex, including the cost of a bridge over the Charles river, 
and land damages and other expenses connected with the 



Town of 
Watertown 
may borrow 
money for cer- 
tain purposes, 
etc. 



Acts, 1905. — Chap. U6. 93 

widening of said street. For the sum borrowed under au- 
thority of this act the town shall give its notes, to be signed 
by its treasurer and countersigned by its selectmen, with 
interest, payable semi-annually, at a rate not exceeding 
four per cent per annum. Such notes shall provide for I'aymentof 
payment of the principal in such annual proportionate pay- ^°^^' 
ments, beginning in the year nineteen hundred and four- 
teen, as will extinguish the debt in twenty years from the 
date of issue of the notes. 

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

Approved March 7, 1905. 

An x\ct to provide for supplying a part op the town of pjffj^^ -\Aa 

HADLEY WITH WATER AND FOR ESTABLISHING THE HADLEY ^ ' 

WATER SUPPLY DISTRICT. 

Be it enacted, etc., as follows: 

Section 1. The inhabitants of the town of Hadley in uadiev water 
the county of Hampshire, liable to taxation in the town of estabi'isbed!"^'^ 
Hadley, and residing within the territory enclosed by the 
following boundary lines, to wit: — Beginning at the south- 
easterly corner of the town of Hadley, thence northerly on 
the town line between the towns of Hadley and Amherst 
about seven thousand seven hundred feet to a stone bound 
marking an angle in the said town line ; thence south, 
eighty-six degrees forty-five minutes west, along said town 
line eight hundred and twenty feet to another stone bound ; 
thence north, forty-one degrees fifteen minutes west, seven 
thousand two hundred and thirty-six feet to a point in line 
with the easterly side of the brick house belonging to Henry 
C. West and distant three hundred and thirty-five feet 
northerly from the northeasterly corner thereof; thence 
north, fifty-eight degrees fifty minutes west, four thousand 
five hundred thirty-one and forty-five one hundredths feet 
to a point on the top of the bank one thousand one hundred 
feet easterly of the centre line of East street ; thence north, 
eight degrees forty-five minutes east, on a line parallel with 
the said centre line and distant one thousand one hundred 
feet therefrom, eight thousand three hundred and seventy- 
eight feet to the centre of the " Old Amherst road " at a 
point north, twenty-four degrees fifteen minutes east, three 
hundred and seventy-eight feet from the northerly corner 
of a dwelling house owned and occupied by Martin Bye ; 
thence north, fifty-five degrees west, about two hundred 



94 



Acts, 1905. — Ciiap. 146. 



Hadley Water 
Supply District 
establisbed. 



INIay take cer- 
tain waters, 
lauds, etc. 



Proviso. 



May take cer- 
tain rights of 
way, ease- 
luehts, etc., 
erect struc- 
tures, etc. 



and fifty feet to Coleman's brook; thence down Coleman's 
brook to Connecticut river ; thence down Connecticut river 
to Fort river; thence up Fort river to the centre of the 
covered bridge over the same ; thence south, forty-five 
degrees east, to the town line between Hadley and South 
Hadlej^; thence easterly along said town line to the place 
of beginning, — shall constitute a \vater district, and are 
hereby made a body corporate, by the name of the Hadley 
Water Supply District, for the purpose of supplying them- 
selves with water for the extinguishment of fires and for 
domestic and other purposes, with, power to establish foun- 
tains and hydrants, and to relocate and discontinue the 
same, to regulate the use of such water, and to fix and 
collect rates to be paid for the use of the same, and to take 
by purchase or otherwise and hold property, lands, rights 
of way and easements, for the purposes mentioned in this 
act, and to prosecute and defend in all actions relating to 
the property and affairs of the district. 

Section 2. Said water supply district, for the pur- 
poses aforesaid, may take by purchase or otherwise, and 
hold the waters of Harts brook and its tributaries, the 
waters of Sheep Pasture brook, and any and all of the 
springs and streams flowing from the northerly slope of 
the Mount Holyoke range, lying in the towTi of Hadley, 
together with such contiguous territory as may be necessary 
for the conservation of the watershed of said springs and 
streams, and also any lands in Hadley for the purpose of 
digging or driving or constructing wells for additional sup- 
ply: provided, that no source of water supply for domestic 
purposes shall be taken under this act without the consent 
of the state board of health, and that the location of all 
dams, reservoirs and wells shall be subject to the approval 
of said board. Said district may also take by purchase or 
otherwise and hold all rights of way and easements, water 
rights and lands in the to^vn of Hadley necessary for the 
taking, holding, storing and improving such water and for 
conveying the same to and through said Hadley Water 
Supply District, and said district may construct on the 
lands thus taken or acquired proper dams, buildings, fix- 
tures and other structures, and may do such other things 
as may be necessary for providing and maintaining com- 
plete and effective water works ; and for that purpose may 
construct wells and establish pumping works, may con- 
struct, lay and maintain aqueducts, conduits, pipes and 



Acts, 1905. — Chap. 146. 95 

other works, under and over any land, water courses, rail- 
roads, railways and public or other ways, and along any 
highway or other way in the town of Hadley, in such man- 
ner as not unnecessarily to obstruct the same ; and for the 
purpose of constructing, laying, maintaining and repair- 
ing such aqueducts, conduits, pipes and other works, and 
for all other purposes of this act, said water supply district 
may dig up, raise and embank any such lands, highways or 
other ways, in such manner- as to cause the least possible 
hindrance to public travel; but all things done upon such 
ways shall be subject to the direction of the selectmen of 
the town in which such ways are situated. 

Section 3. Said water supply district shall, within Descriiition of 
ninety days after the taking of any lands, rights of way or be recorded" 
easements as aforesaid, otherwise than by purchase, file 
and cause to be recorded in the registry of deeds for the 
county of Hampshire a description thereof sufficiently ac- 
curate for identification, with a statement of the purpose 
for which the same were taken, signed by the water com- 
missioners hereinafter provided for. 

Section 4. Said water supply district shall pay all Damages, 
damages to property sustained by any person or corpora- 
tion by the taking of any water, water source, water right, 
land, right of way or easement, or by any other thing done 
by said district under authority of this act. Any person 
or corporation sustaining damages as aforesaid, who fails 
to agree with said district as to the amount of damages sus- 
tained, may have the damages assessed and determined in 
the manner provided by law in the case of land taken for 
higliAvays, on application therefor at any time within one 
year after the taking of such land or other property, or the 
doing of other injury under authority of this act. ISTo 
application for assessment of damages shall be made for 
the taking of any water or water rights, or for any injury 
thereto, until the water is actually withdrawn or diverted 
under authority of this act. 

Section 5. For the purpose of paying all expenses and ";j',',"^^^g^rict 
liabilities incurred under the provisions of this act said Loan, 
district may from time to time issue bonds, notes or certifi- 
cates of debt, signed by the treasurer of the water supply 
district and countersigned by the chairman of the water 
commissioners hereinafter provided for, to be denominated 
on the face thereof, Hadley Water Supply District Loan, 
to an amount not exceeding forty thousand dollars, payable 



96 



Acts, 1905. 



Chap. 146. 



Payment of 
loan, etc. 



District to 
raiae a certain 
sum by taxa- 
tion annually. 



Assessment 
and collection 
of taxes. 



Proviso. 



at periods not exceeding thirty years from the dates of is- 
sue, and bearing interest, payable semi-annually, at a rate 
not exceeding four per cent per annum. Said district may 
sell such securities at public or private sale, at not less than 
par, or pledge the same for money borrowed for the pur- 
poses of this act, upon such terms and conditions as it may 
deem proper. Said district shall pay the interest upon the 
loan as it accrues, and shall provide at the time of authoriz- 
ing said loan for the payment thereof in such annual pro- 
portional payments as will extinguish the same within the 
time prescribed by this act, — the first of such annual pay- 
ments to be made at or before the expiration of five years 
from the date of the first issue of any of the securities au- 
thorized by this act; and when a vote to that effect has 
been passed the amount required thereby shall, without fur- 
ther vote of said district, be raised by taxation in the same 
manner in which money is raised for town expenses. 

Section 6. Said district shall raise by taxation annu- 
ally a sum which with the income derived from the sale of 
water will be sufficient to pay the current annual expenses 
of operating its water works and the interest accruing on 
the bonds, notes or certificates of debt issued by said dis- 
trict, together with such payments on the principal as may 
be required under the provisions of this act. Said district 
is further authorized, by a two thirds vote of the voters 
thereof present and voting at a legal meeting called for 
the purpose, to raise by taxation any sum of money for the 
pur}x»se of enlarging or extending its water works and pro- 
viding additional pipes, appliances and fixtures connected 
therewith, not exceeding two thousand dollars in any one 
year. 

Section 7. Whenever a tax is duly voted by said dis- 
trict for the purposes of this act the clerk shall send a 
certified copy of the vote to the assessors of the town of 
Hadley, who shall proceed within thirty days to assess the 
same in the same manner in all respects in which town 
taxes are required by law to be assessed. The assessment 
shall be committed to the to^vn collector, wdio shall collect 
said tax in the manner provided for the collection of town 
taxes, and shall deposit the proceeds thereof with the dis- 
trict treasurer for the use and benefit of said district. 
Said district may collect interest on overdue taxes, in the 
same manner as taxes and interest are authorized to be 
collected by the town : provided, that said district at the 



Acts, 1905. — Chap. U6. 97 

time of voting to raise the tax shall so determine, and shall 
also fix a time for the payment thereof. 

Section 8. Said district may make snch contracts with District may 
individuals, corporations and the town of Hadley for sup- for'suiip'?yIng^ 
plying water as may be agreed upon, and may fix and ^^"'^^'^t^'- 
collect rates for use of such water ; and said district may 
discontinue or shut oif the water for the non-payment of 
such rates and for violation of the terms of any contract 
or agreement which may be made by said district with in- 
dividuals, corporations, or the said town. 

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

Section 10. Said Hadley Water Supply District shall, Jonerreiec"'" 
after its acceptance of this act at a legal meeting called for t^^n, terms, 
the purpose, elect by ballot three persons to hold office, one 
until the expiration of three years, one until the expira- 
tion of two years and one until the expiration of one year 
from the next succeeding annual meeting, to constitute a 
board of water commissioners, and at each annual meeting 
thereafter one such commissioner shall be elected by bal- 
lot for the term of three years. All the authority granted 
to said district by this act and not otherwise specially pro- 
vided for shall be vested in said board of water commis- 
sioners, who shall be subject however to such instructions, 
rules and regulations as said district may impose by its 
vote. A majority of said commissioners shall constitute Quorum. 
a quorum for the transaction of business. Any vacancy vacancy, etc. 
occurring in said board from any cause may be filled for 
the remainder of the unexpired term by said water suj)ply 



98 



Acts, 1905. — Chai\ 147. 



To make 
annual report. 

Compensation. 



District may 
adopt certain 
by-laws, pro- 
vide rules, etc. 



Penalty for 
corruption of 
water, etc. 



When to take 
effect, etc. 



district at any legal meeting called for the purpose, ]SJ"o 
money shall be drawn from the district treasury on ac- 
count of said water works except by written order of said 
commissioners or a majority of them. Said commission- 
ers shall annually make to said district a full report in 
writing of their doings and expenditures. Said commis- 
sioners shall receive such compensation for their services 
as said district shall determine. 

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

Section 12. Whoever wilfully or wantonly corrupts, 
pollutes or diverts any water obtained or supplied under 
this act, or wilfully or wantonly injures any reservoir, 
standpipe, aqueduct, pipe or other property owned or used 
by said district for the purposes of this act, shall forfeit 
and pay to said district three times the amount of dam- 
ages assessed therefor, to be recovered in an action of tort ; 
and upon conviction of any of the above acts shall be pun- 
ished by a fine not exceeding one hundred dollars, or by 
imprisonment for a term not exceeding six months. 

Section 13. This act shall take eifeet upon its accept- 
ance by a majority vote of the voters of said district 
present and voting thereon at any legal district meeting 
called for the purpose within three years after the passage 
of this act; but it shall become void unless the said dis- 
trict sliall begin to distribute water through its pipes to 
consumers in said water supply district within three years 
after the date of the acceptance of this act as aforesaid. 

Approved March 9, 1905. 



Chap.1^7 An Act making appropriations for the state colony 

FOR THE INSANE. 

Be it enacted, etc., as follows: 
Appropria- Section 1. The suius hereinafter mentioned are appro- 

tlODS 

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



Acts, 1905. — CiiArs. US, 149. 99 

from the ordinary revenue, for the support of the state 
colony for the insane, for the year ending on the thirty- 
first day of December, nineteen hundred and five, to 
wit : — 

For sahiries and wages, a sum not exceeding eighteen state colony 

,1 Tin for insane, 

thousand dolhirs. salaries, etc. 

For other current expenses, including printing and Expenses, 
binding the annual report, a sum not exceeding thirty- 
three thousand nine hundred and fifty dollars. 

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

Approved March 9, 1905. 

An Act to authorize the nantucket gas and electric C7ia».148 

COMPANY TO SELL AND TRANSFER ITS FRANCHISES. 

Be it enacted, etc., as follows: 

Section 1. The receiver of the I^antucket Gas and Gas ami Eiec^-* 
Electric Company, whenever empowered or permitted so ^"a^^traTsfCT 
to do by an order or decree of the court by which he was "^ franchises, 
appointed, is hereby authorized to sell and transfer the 
franchises of said company to any gas and electric com- 
pany now or hereafter organized under the laws of Mas- 
sachusetts, subject to any outstanding mortgage lawfully 
made of said franchises by said company. The purchaser 
shall hold and enjoy said franchises and all rights in con- 
nection therewith, in the same manner as the same have 
heretofore been held and enjoyed by the N^antucket Gas 
and Electric Company. 

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

Approved March 9, 1905. 

An Act relative to clerical assistance in the office ChapAiQ 

OF THE AUDITOR OF ACCOUNTS. 

Be it enacted, etc., as follows: 

Section 1. Section fourteen of chapter six of the Re- r. l. e, §i4, 

■, -r iiiii 1111 etc., amended. 

Vised Laws, as amended by cliapter one huntlrccl and 
seventy-seven of the acts of the year nineteen hundred 
and two, and by chapter one hundred and twenty of the 
acts of the year nineteen hundred and three, is hereby 
further amended by striking out the whole section and 
inserting in place thereof the following: — Section -Z-^- accounts?* 
lie shall receive an annual salary of thirty-five hundred salaries, etc. 
dollars. He may employ in his office one clerk at a salary 



100 



Acts, 1905. — Chap. 150. 



First clerk to 
act as deputy 
in ceitain 
cases. 



of twenty-five hundred dollars a year, one clerk at a salary 
of twenty-two hundred dollars a year, four clerks at a 
salary of fifteen hundred dollars a year each, and a mes- 
senger at a salary of not more than nine hundred dollars 
a year. He may also employ such additional clerical 
assistance as may be necessary, at an expense not exceed- 
ing forty-five hundred dollars a year. If, by reason of 
sickness, absence or other cause, the auditor is temporarily 
unable to perform the duties of his office, the first clerk in 
his office shall act as his deputy and perform the duties of 
the auditor until such disability ceases. 

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

Approved March 9, 1905. 



Cha2).150 An Act relative to the eank and compensation of 

VETERANS EMPLOYED IN THE CIVIL SERVICE. 



R. L. 19, § 23, 
amended. 



Veterans not 
to lie removed, 
etc., without a 
hearing, etc. 



Be it enacted, etc., as follows: 

Section 1. Section twenty-three of chapter nineteen 
of the Revised Laws is hereby amended by inserting after 
the word " abolished ", in the fifth line, the words : — nor 
shall he be lowered in rank or compensation, — by insert- 
ing after the word " transfer ", in the seventh line, the 
words : — lowering in rank or compensation, — and by 
inserting after the word " transfer ", in the twelfth line, 
the words : — lowering in rank or compensation, — so as 
to read as follows : — Section 23. ISTo veteran who holds 
an office or employment in the public service of the Com- 
monwealth, or of any city or town therein, shall be re- 
moved or suspended, or shall, without his consent, be 
transferred from such office or employment, nor shall his 
office be abolished, nor shall he be lowered in rank or com- 
pensation, except after a full hearing of which he shall 
have at least seventy-two hours' written notice, with a 
statement of the reasons for the contemplated removal, 
suspension, transfer, lowering in rank or compensation, 
or abolition. The hearing shall be before the state board 
of conciliation and arbitration, if the veteran is a state 
employee, or before the mayor of the city or selectmen of 
the town of which he is an employee, and the veteran shall 
have the right to be present and to be represented by coun- 
sel. Such removal, suspension or transfer, lowering in 
rank or compensation, or such abolition of an office, shall 
be made only upon a Avritten order stating fully and spe- 



Acts, 1905. — Chaps. 151, 152. 101 

cifically the cause or causes therefor, and signed by said 

board, mayor or selectmen, after a hearing as aforesaid. 

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

Approved March 9, 1905. 



An Act to authorize the city of quincy to make an Qj,ffjj 1 51 

ADDITIONAL SEWERAGE LOAN. 

Be it enacted, etc., as follows: 

Section 1. The city of Quincy, for the purpose of ex- city of Quincy 
tending and completing its system of sewerage, and for Act of 1905"' 
the purposes mentioned in chapter two hundred and 
seventy-nine of the acts of the year eighteen hundred and 
ninety-five and acts in amendment thereof, may from time 
to time issue bonds, notes or scrip to be denominated on 
the face thereof, City of Quincy Sewer Loan, Act of 1905, 
to an amount not exceeding two hundred thousand dollars, 
outside the limit of indebtedness fixed by law for that city 
and in addition to the amounts heretofore authorized by 
law to be issued by the city for the same purposes. Such 
bonds, notes or scrip shall be issued upon the terms and 
conditions and with the force and effect specified in said 
chapter two hundred and seventy-nine, and in chapter 
two hundred and twenty-five of the acts of the year eight- 
een hundred and ninety-seven, and in acts in amendment 
thereof and in addition thereto. 

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

Approved March 9, 1905. 

An Act relative to the society for the relief of aged ni^r,,.^ 1 n^ 

AND destitute CLERGYMEN. ^' ' "^ 

Be it enacted, etc., as follows: 

Section 1. The name of the Society for the Kelief Name changed, 
of Aged and Destitute Clergymen, incorporated by chap- 
ter one hundred and eighteen of the acts of the year 
eighteen hundred and fifty, is hereby changed to the 
Society for Ministerial Relief. 

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

Approved March 9, 1905. 



102 



Acts, 1905. — Chaps. 153, 154 



The North 
I'arish of 
North Andover 
incorporated. 



Title to certain 
property to 
vest in 
corporation. 



Chap.153 An Act to incorporate the north parish of north 

ANDOVER. 

Be it enacted, etc., as follows: 

Section 1. Moses T. Stevens, Sam D. Stevens, Daniel 
A. Carleton, Edmnnd S. Colby, Mary G. Carleton, Anna 
M. Stevens and Charles H. Farnham, all of North An- 
dover, and all other persons who are enrolled on the records 
as members of the religions society in J^orth Andover, 
commonly called The !North Parish in North Andover, 
their associates and snccessors, are hereby made a body 
corporate by name of The North Parish of North An- 
dover, with all the powers and snlijeet to the provisions 
set forth in chapter thirty-six of the Revised Laws. 

Section 2. The title to all property, real and per- 
sonal, heretofore acquired and now held by said society 
under the name of North Parish of North Andover, North 
Parish Church and Society, North Parish Chnrch and 
Society of North Andover, Unitarian Society of North 
Andover, treasurer of Osgood Bequest, North Andover, 
North Andover Unitarian JMinisterial Fund, Treasurer 
of North Parish of North Andover, or First Unitarian 
Church and Society of North Andover, or under any other 
name, and the title to all property which may hereafter 
be acquired by it, by bequest, devise or otherwise, is hereby 
confirmed to and vested in said corporation, under the said 
name of The North Parish of North Andover. 

Section 3. Said corporation may hold real and per- 
sonal property to the amount of one hundred thousand 
dollars, the income of which shall be appropriated ex- 
clusively to parochial purposes. 

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

Approved March 9, 1905. 



May liold real 
and personal 
property, etc. 



Chap.154: An Act relative to the state library. 

Be it enacted, etc., as follows: 

Section 1. There shall annually be appropriated 
eight thousand five hundred dollars for the purchase of 
books, maps and other publications for the state library, 
and a further sum not exceeding fifty-four hundred dol- 
lars annually for clerical and messenger service, to be 
expended under the direction of the librarian. 



Purchase of 
publications 
for state 
library. 



Acts, 1905. — Chaps. 155, 156, 157. 103 

Sectioist 2. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Approved March 9, 1905. 

An Act to establish the salary op the general agent QJ^^j) \^ry 

OF THE DAIRY BUREAU OF THE STATE BOARD OF AGRICUL- 
TURE. 

Be it enacted, etc., as foUoirs: 

Section five of chapter eighty-nine of the Revised Laws r. l. 89, § 5, 
is hereby amended by striking out the word " twelve ", in ' 
the fourth line, and inserting in place thereof the word : — 
fourteen, — so as to read as follows : — Section 5. The General agent 
board shall at its annual meeting appoint a general agent bureau.'ap^ 
of the dairy bureau to assist the bureau and under its ^°'° '"*^"^' ® ' 
direction to superintend the work provided for in section 
eleven. He shall receive an annual salary of fourteen 
hundred dollars and his necessary expenses. 

Approved March 9, 1905. 

An Act relative to the existence of corporations in Q^k^ij) 15(j 
the hands of receivers. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-four of chapter one hundred R- 1-109, §54, 

^ 'J \ etc., amended. 

and nine of the Revised Laws and section fifty-three of 
chapter four hundred and thirty-seven of the acts of the 
year nineteen hundred and three are hereby amended by 
inserting in the last line but one of each of the said sec- 
tions, after the word " receivers ", the words : — and the 
existence of the corporation, — so that the last sentence 
of each of the said sections shall read as follows : — The Existence of 
powers of such receivers and the existence of the corpora- fn uie'hands 
tion may be continued as long as the court finds necessary of receivers, 
for said purposes. 

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

Approved March 9, 1905. 

An Act relative to the salaries of district attorneys (JJkxp 157 

AND assistant DISTRICT ATTORNEYS. 

Be it enacted, etc., as follows: 

Section 1. For the purpose of establishing the sal- S{ii;»:H;8of 

ci ^• • 1 !•• • 1-11 flistnct 

aries 01 the district attorneys the districts into which the aitomeys 

•^ establisheil. 



104 



Acts, 1905. — Chap. 157 



Class A. 



Class B. 



Class C. 



Class D. 



Salaries of 
assisfcint dis- 
trict attorueyi 
established. " 



Class B. 



Class C. 



Suffolk 
district. 



Travelling 
expenses. 



Repeal. 



Commonwealtli is divided for the administration of the 
criminal laAV, nnder the provisions of section eleven of 
chapter seven of the Revised Laws, are hereby divided 
into four classes, according to the following table ; and 
the annnal salary of the district attorney for each district 
in a class shall be as therein specified, payable from the 
treasury of the Commonwealth : — 

Class A. Districts having a population of less than 
two hundred and fifty thousand, to wit, the northwestern 
district; salary: — thirteen hundred and fifty dollars. 

Class B. Districts having a population of from two 
hundred and fifty thousand to five hundred thousand, to 
wit, the southeastern, the western, the southern, the mid- 
dle and the eastern districts ; salary : — twenty-four hun- 
dred dollars. 

Class C. Districts (except the Suffolk district) hav- 
ing a population of five hundred thousand or more, to wit, 
the northern district ; salary : — three thousand dollars. 

Class D. The Suffolk district ; salary : — five thou- 
sand dollars. 

Section 2. The annual salary of an assistant district 
attorney, except in the Suffolk district, shall be equal to 
two thirds of the salary of the district attorney, payable 
from the treasury of the Commonwealth, to wit: — 

Class B. The southeastern, the southern, the middle 
and the eastern districts ; salary : — sixteen hundred dol- 
lars. 

Class C. The northern district ; salary : — two thou- 
sand dollars. 

Section 3. The annual salary of the assistant district 
attorneys of the Suffolk district shall be thirty-eight hun- 
dred dollars each, payable from the treasury of the Com- 
monwealth. 

Section 4. Except in the Suffolk district district at- 
torneys and assistant district attorneys shall receive for 
travelling expenses necessarily incurred in the perform- 
ance of their official duties, such sums as shall be a]iproved 
by a justice of the superior court ; and such sums shall be 
paid from the treasury of the Commonwealth. 

Section 5. Section thirteen of chapter seven of the 
Revised Taws, except so much thereof as relates to the 
salary of the clerk of the district attorney of the Suffolk 
district, chapters four hundred and seventy-one and five 
hundred and thirty of the acts of the year nineteen hun- 



Acts, 1905. — Chap. 158. 105 

dred and two, and chapter three hundred and ninety-five 
of the acts of the year nineteen hundred and three, are 
hereby repealed. 

Section 6. The sahiries hereby established shall be salaries estab. 
so allowed from the first day of January in the year nine- anowefrfrom 
teen hundred and five. January i. 

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

Approved March 9, 1905. 

An Act relative to the improvement of brooks, streams ni.f.^^ i no 

AND WATER COURSES IN THE CITY OF CHELSEA. ^ * 

Be it enacted, etc., as follows: 

Section 1. The city of Chelsea, for drainage purposes city of cheisea 
or for the protection of the public health, may, by its brook"!'^'"^^ 
board of aldermen with the approval of the mayor, from foifjJratiia^<^e' 
time to time improve brooks, streams and water courses, purijoses, etc. 
or any part thereof, within the limits of the city, by widen- 
ing the same, removing obstructions in or over them, di- 
verting the water, altering the courses or deepening the 
channels thereof, and may conduct any surface or ground 
water into the same, and may cover or pave any such 
channel or water course, or any part thereof, and may 
build retaining walls to support the banks of any such 
stream or water course, or any part thereof, within said 
city ; and for the purposes aforesaid the city may, by vote May purchase 
of the board of aldermen, duly approved by the mayor, unui.'^ltc'!^^^^'" 
purchase or take land in fee or otherwise on one or both 
sides of any such brook, stream or water course, or may 
in the same manner purchase or take land in fee or other- 
wise to form new channels into which said water or any 
surface or ground water may be diverted, within the limits 
of said city, and may enter into and upon any land or way, 
and may do thereon work necessary for any such irnprove- 
ment, and may construct upon any land purchased or taken 
under authority of this act such walks or ways as the board 
of aldermen, with the approval of the mayor, may deter- 
mine that the public convenience and necessity reqiiire. 

Section 2. Wlien land is taken by virtue of the pre- Proceeain-s. 
ceding section the proceedings shall be the same as in the 
case of taking land for the laying out of streets in said 
city. 

Section 3. Damages occasioned by the making of i^«n>aKeB. 
said improvements or by any taking of land under the 



lOG 



Acts, 1905. — Chap. 158. 



Assessment of 
betterments. 



Certain pro- 
visions of law 
to apply. 



Penalty for 
injury "to 
tlraina;^e, 
pollution of 
water, etc. 



provisions of this act shall be ascertained and recovered 
as in the case of the laying out of streets. 

Section 4. At any time within two years after any 
brook or natural stream in said city is improved in any 
of the ways mentioned in the first section of this act, under 
an order declaring the same to be done under the provi- 
sions of law authorizing the assessment of betterments, if, 
in the opinion of the board of aldermen of said city, any 
real estate in said city, including that, if any, of which 
a part is taken therefor, receives any benefit or advantage 
therefrom beyond the general advantage to all real estate 
in said city, the board may determine the value of such 
benefit and advantage to such real estate, and may assess 
upon the same a proportional share of the expense of mak- 
ing such improvement ; but no such assessment shall ex- 
ceed one half of such adjudged benefit and advantage, nor 
shall the same be made until the work of making such 
improvement is completed. 

Section 5. All laws now or hereafter in force relat- 
ing to the assessment and collection of betterments in the 
case of the laying out, altering, widening, grading or dis- 
continuing of ways in said city shall, so far as the same 
are applicable and not inconsistent with the provisions 
of this act, apply to the doings of the board of aldermen 
under this act ; and all persons who are aggrieved by the 
assessment of betterments under the provisions of this act 
shall have the same remedies now or hereafter provided 
by law for persons aggrieved by the assessment or levy 
of betterments in the laying out of ways in said city. 

Section 6. No person shall destroy or injure any 
drainage or sewerage work of said city, or without lawful 
authority pollute any natural water course in said city, 
or put or maintain any obstruction therein ; and whoever 
violates any provision of this section shall for each offence 
be punished by a fine not exceeding five hundred dollars 
or by imprisonment in the house of correction for a term 
not exceeding three months, or by both such fine and im- 
prisonment. 

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

Approved March 9, 1905. 



Acts, 1905. — Chaps. 159, IGO. 107 



An Act to increase the number of the trustees of the (Jhnjy 1 59 

MASSACHUSETTS STATE SANATORIUM. 

Be it enacted, etc., as follows: 

Section 1. The number of the trustees of the Massa- Number of 
chusetts state sanatorium is hereby increased to seven, two Malstufiiusetts 
of whom shall be women ; and the governor is hereby an- torium ""' 
thorized to appoint, with the advice and consent of the m'^^'eased. 
council, before the first Monday in July, the additional 
trustees tlius provided for. In the year nineteen hundred 
and ten, and in every fifth year thereafter, three trustees 
shall be appointed, and in every other year one trustee 
shall be appointed. 

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

Approved March 9, 1005. 



Chap.im 



An Act to incorporate the marble block company. 
Be it enacted, etc., as follows: 

Section 1. Frank Curtiss, William W. iSTorton, Par- The Marble 
ley A. Russell and Frank II. Wright, their associates and pany^ncorpo- 
successors, are hereby made a corporation by the name of ^'''^'^'^" 
Marble Block Company, for the purpose of holding, man- 
aging, improving and leasing the real estate in the village 
and town of Great Barrington, on the westerly side of 
Main street, known as the Marble Block premises, bounded 
north by land of Charles jST. Gilbert and land of Henry 
T. Robbins ; east by land of Charles ]^. Gilbert and by 
Main street ; south by land of Caroline Y. Miller and 
Frank H. Wright, trustee, and land of John Viola and 
others ; and west by land of the Xew York, N^ew Haven 
and Hartford Railroad Company; together with the 
rights, interests and easements appurtenant thereto, and 
subject to easements, if any, which other persons may 
have therein ; with the powers and privileges, and subject 
to the duties, liabilities and restrictions set f(n'th in all 
general laws now or hereafter in force applicable to such 
corporations. 

Section 2. Said corporation may sell or mortgage Mayseiior 
the Avhole or any part of the real estate -which it is author- "ert.',f,\'^.eai 
ized by this act to hold. estate. 

Section 3. The capital stock of said eorjioration shall capital stock, 
not exceed seventy-five thousand dollars. The shares 



108 



Acts, 1905. — Chap. 161. 



shall be of the par value of one hundred dollars each, and 
no share shall be issued except for cash actually paid in 
or property actually conveyed ; and the value of such 
property shall be determined by the commissioner of cor- 
j)orations. 

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

Approved March 10, 1905. 



CJia2).161 An Act to ixcorporate the mahaiwe block compaxy. 
Be it enacied, etc., as follows: 

BtocfS'*' Section 1. Frank Curtiss, John H. C. Church and 
rated"'*^"*^'^ Frank H. Wright, their associates and successors, are 
hereby made a corporation by the name of Mahaiwe Block 
Company, for the purpose of holding, managing, improv- 
ing and leasing the real estate in the village and town of 
Great Barrington, on the northwest corner of Main and 
Castle streets, known in part as the Mahaiwe Block prem- 
ises, bounded north by land of Andrew L. ITubbell, land 
of Legrand Ramsey and others, land of Charles E. Gor- 
ham, land of John W. Morgan, land of John C. Benton 
and land formerly of Increase Sumner, deceased ; east by 
land of Legrand Ramsey and others and by Main street; 
south by Castle street ; and west by land of the inhabitants 
of the Great Barrington Fire District, land of Legrand 
Ramsey and others, and land of Charles E. Gorham; to- 
gether with the rights, interests and easements ap]uir- 
tenant thereto, and subject to easements, if any, which 
other persons may have therein ; with the powers and priv- 
ileges, and subject to the duties, liabilities and restrictions 
set forth in all general laws now or hereafter in force 
applicable to such corporations. 

Section 2. Said corporation may sell or mortgage 
the whole or any part of the real estate which it is author- 
ized by this act to hold. 

Section 3. The capital stock of said corporation shall 
not exceed two hundred thousand dollars. The shares 
shall be of the par value of one hundred dollars each, and 
no share shall be issued except for cash actually paid in 
or property actually conveyed ; and the value of such 
property shall be determined by the commissioner of cor- 
l^orations. 

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

Approved March 10, 1905. 



May sell or 
niortgajje (rer- 
taiii reaU'Stat 



Capital stock. 



Acts, 1905. — Chaps. 162, 163, 164. 109 



An Act relative to the preparation of plans for alms- Chap.162 

HOUSE BUILDINGS. 

Be it enacted, etc., as follows: 

The state board of charity is authorized to advise with pia*iS'g'"ior"° ^^ 
and assist overseers of the poor in the preparation of plans ^[J"ijj'^"g'^ 
for almshouse buildings, the expenses to be paid from the 
appropriation for expenses of the board. 

Approved March 10, 1905. 

An Act to provide for clerical assistance in the office QJJiqj) 2(53 
of the treasurer of the county of hampden. 

Be it enacted, etc., as follows: 

Section 1. The county treasurer of the county of urer°of Hamp. 
Ilanipdcn shall be allowed for clerical assistance a sum den, clerical 

i . assistance. 

not exceeding four hundred dollars a year, from the first 
day of January in the year nineteen hundred and five, to 
be paid from the treasury of the county to persons who 
actually perform the work, provided the county commis- 
sioners of said county shall approve such payment. 

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

Approved March 10, 1905. 

An Act to authorize the American board of commis- (JJidy 1(54 

SIONERS FOR FOREIGN MISSIONS TO HOLD ADDITIONAL REAL 
AND PERSONAL ESTATE. 

Be it enacted, etc., as follows: 

Section 1. The American Board of Commissioners The American 
for Foreign Missions is hereby authorized to take and ndssVonersfoV 
hold in fee simple or otherwise, lands, tenements or ^oJfsfnay hold 
hereditaments, by gift, grant or otherwise, for the pur- and'personat^^ 
poses for which it was incorporated, not exceeding in estate, etc. 
value one million dollars ; and may also take and hold by 
gift, bequest or otherwise, personal estate to an amount 
not exceeding four million dollars, anything in its act of 
incorporation or in subsequent acts amending the same 
to the contrary notwithstanding. 

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

Approved March 13, 1905. 



110 



Acts, 1905. — Ciiafs. 165, 166. 



Police court 
of Lowell, 
salaries of 
justices and 
clerks. 



Chctp.165 An Act relative to the salaries of the justice, special 

JUSTICES, CLERK AND ASSISTANT CLERK OF THE POLICE 
COURT OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. The police court of Lowell, being a court 
the judicial district of which has, and has had since the 
tw^enty-fifth day of April in the year nineteen hundred 
and four, a population of more than one hundred thou- 
sand, shall be included in class B as defined in section one 
of chajDter four hundred and fifty-three of the acts of the 
year nineteen hundred and four, entitled " An Act to 
establish the salaries of the justices, clerks and assistant 
clerks of certain police, district and municipal courts " ; 
and the salaries of the justice, special justices, clerk and 
assistant clerk of the police court of Lowell shall be those 
which are established by said chapter for the courts in- 
cluded in the said class B, to be so allow^ed from the first 
day of July in the year nineteen hundred and four. 

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

Approved March 13, 1905. 



CAc?79.166 An Act to authorize the trustees of westfield academy 
TO convey a tract of land in the town of westfield 
to the westfield athen^um. 



Be it enacted, etc., as follows: 



The trustees 
of Westflcld 



L'onvey 
tain tract of 
land to the 
Westfield 
Athen;cum. 



Section 1. The trustees of Westfield Academy are 
Academy may hereby authorized to grant and convey to the Westfield 

convey a cer- ai •.i.-i- • 

Athena3um, without consideration, a certain tract or strip 
of land situated in the towii of Westfield, lying between 
Elm street and the private road called Central street, and 
bounded north by land of the heirs or legatees of E. B. 
Gillett, deceased, by land of Samuel Squire and others, 
and by land of Henry Holland, and south by land of said 
athenneum and land of the heirs or legatees of E. B. Gil- 
lett, deceased, to have and to hold the same to said athe- 
najum for its uses and purposes. 

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

Approved March 13, 1905. 



Acts, 1905. — Ciiats. 167, 168, 169. Ill 

An Act relative to houses for religious worship. C7iap.l61 
Be it enacted, etc., as follows: 

Section 1. Section twenty-seven of chapter thirty- r.l.36,§ 27, 
six of the Kevised Laws is hereby amended by adding at 
the end thereof the words : — and such corporation may 
at its annual meeting or at any other meeting regularly 
called seven days at least before the holding thereof, 
grant and vote money necessary for the settlement and 
sup}X)rt of ministers or public teachers of religion, for 
sacred music, for the purchase and preservation of burial 
grounds, and for other necessary charges, — so as to read 
as follows : — Section 27. Such corporation may, at a corporation 
legal meeting called for the purpose, vote to alter, enlarge, housefpur. 
repair, rebuild or remove its house, or to build a new one, et<^^^ ^^ ' 
and may vote the money necessary for such purpose and 
for the purchase of the land necessary therefor ; and such 
corporation may at its annual meeting or at any other 
meeting regularly called seven days at least before the 
holding thereof, grant and vote money necessary for the 
settlement and support of ministers or public teachers of 
religion, for sacred music, for the purchase and preserva- 
tion of burial grounds, and for other necessary charges. 

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

Approved March 13, 1905. 

An Act to authorize simmons female college to con- n]iQ^r^ ]^(3g 

FER DEGREES. 

Be it enacted, etc., as follows: 

Section 1. Simmons Female College is hereby au- The Simmons 
thorized to confer degrees appropriate to the courses of may't;onto*'^^ 
study offered in accordance with the provisions of its *^^*''''^'^^- 
charter. 

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

Approved March 14, 1905. 

An Act to authorize the treasurer and receiver gen- QJian.lGd 

ERAL to issue BONDS AND SCRIP UPON THE SERIAL PAYMENT 
PLAN FOR THE BENEFIT OF THE METROPOLITAN DISTRICTS. 

Be it enacted, etc., as follows: 

Chapter two hundred and twenty-six of the acts of the 1903,226, 
year nineteen hundred and three is hereby amended by •■*™'^'^'^*^^- 



112 



Acts, 1905. — Chats. 170, 171. 



Assessments 
for the con- 
struction of a 
sewer in 
Webster. 



Provieo. 



striking out the third section thereof, which provides that 
the provisions of the said chapter shall not apply to any 
issue of honds or scrip then or thereafter authorized for 
the benefit of any of the metropolitan districts, so-called. 

Approved March llf, 1905. 

Chap.170 An Act relative to assessments for the construction 

OF A sewer in the TOWN OF WEBSTER. 

Be it enacted, etc., as follows: 

Section 1. The selectmen of the town of Webster 
may assess upon those estates in said town which in their 
opinion are benefited by the construction of the sewer 
recently laid in East Main street in said town, a propor- 
tional part of the cost of the sewer ; and all general laws 
relating to the collection of assessments for benefits from 
the construction of sewers in towns shall, so far as they 
are applicable, apply to the collection of assessments under 
this act : provided, however, that no assessment shall be 
collected for any estate for which any assessment for the 
construction of said sewer shall have been paid. 

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

Approved March IJ^, 1905. 

Chap.171 An Act to authorize the trustees of phillips academ":^ 
to hold additional real and personal estate. 

Be it enacted, etc., as follows: 

of'?'himpr^ Section 1. The Trustees of Phillips Academy, for 

Academy may ^j^g further eudowTneiit of either or both of the depart- 

holrt additional ,,... i-ci <«ii- 

rcjiiand meuts of that institution, and m furtherance oi the designs 

of its founders and benefactors, are hereby, in addition 
to what tliey are now allowed by law to receive and hold, 
authorized to acquire, by gift, grant, devise, bequest or 
otherwise, additional lands, tenements or other estate, real 
or personal, and to hold, manage and, from time to time, 
invest and reinvest the same or the proceeds of any sale 
or exchange thereof, the net annual income whereof shall 
not exceed one hundred thousand dollars: provided, that 
the income of said estate shall always be applied to the 
objects and purposes of the said institution and in ac- 
cordance with the will of the donors. 

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

Approved March I4, 1905. 



estate. 



Proviso. 



Acts, 11)05. — Chaps. 172, 173, 174 113 



An Act to extend the term of office of the boaud or (Jhai) 172 

COMMISSIONERS FOR THE PROMOTION OF UNIFORMITY OF 
legislation IN THE UNITED STATES. 

Be it enacted, etc., as follows: 

Section 1. The term of office of the board of com- Termofomcc 
missioners for the promotion of uniformity of legislation "^^^^^ *^' ' 
in the United States, which term was extended bj chapter 
five hundred and one of the acts of the year nineteen hun- 
dred and two, is hereby extended for a further term of 
three years from the date of the passage of this act. 

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

Approved March IJ^, 1905. 

An Act to authorize the town of needham to make an n].^.,., 17Q 

ADDITIONAL WATER LOAN. ^ ' 

Bo it enacted, etc., as follows: 

Section 1. The town of Needham, for the purposes Needham 
mentioned in chapter one hundred and seven of the acts water Loan, 
of the year eighteen hundred and eighty-eight and acts 
in addition thereto, and for the further purpose of extend- 
ing the water system thereby authorized, may issue bonds, 
notes or scrip, to be denominated on the face thereof, 
Needham Water Loan, to an amount not exceeding fifty 
thousand dollars in addition to the amount heretofore 
authorized by law to be issued by said to^vn for the same 
purposes. Such bonds, notes or scrip shall be issued 
upon the same terms and conditions and with the same 
powers in behalf of said town as are specified in said chap- 
ter one hundred and seven. 

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

Approved March IJf., 1905. 

An Act to authorize the city of melrose to incur ad- r<hf^.j. 174 
ditional indebtedness for the purpose of construct- ' 

ING A system of SEWERAGE. 

Be it enacted, etc., as follows: 

Section 1. The city of Melrose, for the purpose of ^^eirosc 

. *^,,. ,. -i'^^. . Sewerage 

defraying the expense of laying, making and maintain- Loan, Act of 
ing a system of main drains and common sewers, is hereby 
authorized to issue from time to time, as may be required 



114 Acts, 1905. — Chap. 175. 

therefor, in addition to the amount heretofore authorized, 
bonds, notes or scrip to an amount not exceeding one hun- 
dred thousand dollars. Such bonds, notes or scrip shall 
be denominated on the face thereof, Melrose Sewerage 
Loan, Act of 1905 ; shall be payable at the expiration of 
periods not exceeding thirty years from the date of issue; 
shall bear interest, payable semi-annually, at a rate not ex- 
ceeding four per cent per annum, and shall be signed by 
the treasurer and countersigned by the mayor of said city ; 
and, except as otherwise provided herein, they shall be 
issued in accordance with the provisions of chapter twenty- 
seven of the Revised Laws and of acts in amendment 
reckoned in thereof and in addition thereto. They shall not be reck- 
determining oued in determining the statutory limit of indebtedness 

debt limit, etc. „ , . .» •' 

01 the city. Ihe city may sell such securities or any part 
thereof from time to time, at public or private sale, but 
no part thereof shall be issued or sold except in com- 
pliance with the vote of the city, nor for less than the 
par value thereof. 

Section 2. This act shall take effect upon its j^assage. 

Approved March IJf, 1905. 



Chap.Vi5 An Act relative to the accounts of certain state 

INSTITUTIONS. 

Be it enacted, etc., as follows: 

pri.?t"ioL**rdTje Section 1. Annual appropriations, in addition to un- 
niadeforthe expended reccipts, shall be made for the maintenance of 

maintenance ^ n ^ ^ • ^ i- i ^ -\r 

of certain state each 01 the State hospitals and insane asylums, the JMassa- 
etc. ' chusetts hospital for dipsomaniacs and inebriates, the 

Massachusetts hospital for epileptics, the Massachusetts 
state sanatorium, and the Massachusetts School for the 
Accounts. Feeble-Minded. All accounts for the maintenance of the 
above institutions shall be approved by the trustees and 
filed with the auditor of accounts at the end of each month, 
and shall be paid out of the treasury of the Common- 
wealth. Full copies of the pay-rolls and bills shall be 
kept at each institution, but the originals shall be de- 
posited with the auditor of accounts as vouchers, 
recefv^dtobe Section 2. All uiouey received by said hospitals, asy- 
paid into the hmis and other institutions shall be paid into the treasurv 

treasury of the n ^ r^ ii c • ^ " 

Common- of the Commonwealth as often as once in each month. 

wealth, etc. __, .„ ,... ini -i i • 

Ihe receipts irom each institution shall be placed to its 



Acts, 1905. — Chap. 176. 115 

credit, and shall be used for its maintenance during the 
following year. 

Section 3. The provisions of the two preceding sec- Certain powers 
tions shall not affect the powers of the trnstees of said affSreto.'** 
institutions under the provisions of section twenty-three 
of chapter eighty-seven of the Revised Laws, section three 
of chapter eighty-eight of the Revised Laws, chapter one 
hundred and fifty of the acts of the year eighteen hundred 
and fifty, and acts in amendment thereof, nor their right 
to regulate or control the expenditure of any funds held 
by them under the provisions of said acts. 

Section 4. Sections one hundred and twenty-seven, Repeal, 
one hundred and twenty-eight and one hundred and 
twenty-nine of chapter eighty-seven of the Revised Laws 
are hereby repealed. 

Section 5. This act shall take effect on the first day when to take 
of January in the year nineteen hundred and six. 

Approved March IJf, 1905. 

An Act to regulate the use of the cinematograph. ChaD.176 
Be it enacted, etc., as follows: 

Section 1. No cinematograph, or other similar ap- certain cine- 
paratus involving the use of a combustible film more than e"c'.^°to 'i?e '^' 
ten inches in length, shall be kept or exhibited on prem- ii^spectcd, etc. 
ises licensed for entertainments, until such cinematograph 
or other similar apparatus has been inspected and approved 
by the district police, and until such precautions against 
fire as the district police may designate have been taken by 
the owner, user or exhibitor of such cinematograph or 
other similar apparatus. 

Section 2. The district police are hereby empowered District police 

to iiisi^cct 

and directed to inspect any cinematograph or other similar maise rule's, 
apparatus involving the use of combustible films more 
than ten inches in length which is used or kept on premises 
licensed for entertainments, and to make such rules and 
regulations as they may deem necessary for the safe use 
of such apparatus. 

Section 3. Any person keeping, using or exhibiting Penalty, 
a cinematograph or other similar a]i]:)aratus contrary to 
the provisions hereof, or in violation of any rule or regu- 
lation made by the district police, shall be punished by a 
fine of not less than five nor more than five hundred dol- 
lars. Approved March 14, 1905. 



110 Acts, 1905. — Chaps. 177, 178, 179. 



Chap.177 An Act to authorize the town of brookline to sell 

CERTAIN LAND. 

Be it enacted, etc., as follows: 

Broo'kHnc may Section 1. TliG town of Brookline is hereby antlior- 
eeii, etc., izecl to Sell and convey so mnch of the land conveyed to 

it for a public park by the mayor of the city of Boston, 
under authority of chapter three hundred and ten of the 
acts of the year nineteen hundred and three, as lies west 
of the westerly line of Lee street in said town, as laid out 
by the selectmen and accepted by the town at a town meet- 
ing held on the second day of April in the year nineteen 
hundred and two. 

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

Approved March 14, 1905. 

Ckap.l7S An Act to authorize the toavn of hyde park to reim- 
burse HENRY B. CARRINGTON FOR TAXES ILLEGALLY COL- 
LECTED. 

Be it enacted, etc., as follows: 

^a^may"^*^*" Section 1. The town of Hyde Park is hereby author- 
Heur^"!?'^ izcd to reimburse Henry B, Carrington, United States 
carrington for army, retired, a citizen of said town, for such taxes, Avith- 
collected." out interest, upon his personal property as have inadvert- 
ently been assessed and collected upon his salary as a 
retired officer of the United States army. 

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

Approved March 15, 1905. 

Chan.179 An Act to correct a clerical error in the act relative 

TO THE SALARIES OF CLERKS OF THE COURTS, COUNTY COM- 
MISSIONERS AND COUNTY TREASURERS. 

Be it enacted, etc., as follows: 

1904, 451, §1, Section 1. Class C of section one of chapter four 

amended. hundred and fifty-one of the acts of the year nineteen hun- 

dred and four is hereby amended by striking out the words 
" sixteen hundred ", in tlie fourth line, and inserting in 
place thereof the words : — two thousand, — and by strik- 
ing out the words " tAVO thousand ", in the same line, and 
inserting in place thereof the Avords : — sixteen hundred, 
Class c. — so as to read as follows : — Class C. Counties having 



Acts, 1905. — Chaps. 180, 181, 182. 117 

a population of from thirty-five thousand to sixty thou- 
sand, to wit, the counties of Franklin and Hampshire; 
salaries : — Clerk of the courts, two thousand dollars ; 
commissioners, sixteen hundred dollars ; treasurer, eight 
hundred dollars. 

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

Approved March 15, 1905. 

An Act relative to the hampden automatic telephone Chap.lSO 

COMPANY. 

Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-seven Charter of tue 
of the acts of the year nineteen hundred and four, in so Automa'tu-. 
far as it applies to or affects the Hampden Automatic company"^ 
Telephone Company, is hereby repealed, and the charter, revived, etc. 
organization and acts of that company shall remain of the 
same force and effect which they had at the time of the 
passage of said act. 

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

Approved March 15, 1905. 



Chap.lSl 



An Act to authorize the town of scituate to appro- 
priate MONEY FOR WATERING ITS PUBLIC STREETS. 

Be it enacted, etc., as follows: 

Section 1. The town of Scituate may appropriate Town of 
money annually for watering its public streets. appropriate^ 



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

Approved March 15, 1905 



ing 
streets. 



An Act to incorporate the people's savings bank of njiff^j ]^g2 

ATTLEBOROUGH. 

Be it enacted, etc., as follows: 

Section 1. Harry P. Kent, Phillip E. Brady, Frank l",\^i^5s^j|^'4 
W. Weaver, Kalph P. Kent, Edwin F. Thayer, George H. ;;f AttV ' 
Snell, George H. Herrick, Arthur M. Briggs, William L. incorporated. 
King and Thomas W. Williams, their associates and suc- 
cessors, are hereby made a corporation by the name of the 
People's Savings Bank of Attleborough, with authority 
to establish and maintain a savings bank in the town of 
Attlol»orough, with all the powers and privileges and sub- 



118 Acts, 1905. — Chaps. 183, 184, 185. 

ject 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 15, 1905. 

Chap.lSS Ax Act relative to clerical assistance for the regis- 
ter OF PROBATE AND INSOLVENCY FOR THE COUNTY OF 
NORFOLK. 

Be it enacted, etc., as follows: 

^•iua^,eL., Section 1. The register of probate and insolvency 
Norfolk f^j. i\^Q county of l^orfolk, from and after the first day 

countv, clerical . «/ .' i i i i ^ i ii 

assistance. of January m the year nineteen hundred and five, shall 
be allowed, in addition to the amount now allowed by law, 
a sum not exceeding six hundred dollars annually for 
clerical assistance actually performed, 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 effect upon its passage. 

Approved March 16, 1905. 

Chap.184: An Act making an appropriation for operating the 

STEAMER LEXINGTON IN THE ENFORCEMENT OF THE LAWS 
RELATIVE TO FISHERIES. 

Be it enacted, etc., as foUoivs: 

8teamei°° Section 1, The sum of nine thousand dollars is 

Lexington. liereby appropriated, to be paid out of the treasury of the 
Commonwealth from the ordinary revenue, to meet the 
expenses of operating the steamer Lexington which is in 
charge of the chief of the district police and is used in the 
enforcement of the fish laws of the Commonwealth. 

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

Approved March 16, 1905. 

Chap.185 An Act to authorize the town of watertown to take 

CERTAIN PARCELS OF REAL ESTATE IN CONNECTION WITH 
THE WIDENING OF GALEN STREET. 

Be it enacted, etc., as foUoius: 

w-ftcrt^wn* Section 1. The town of Waterto^\m is hereby author- 

may tike izpti to take in fee, by right of eminent domain, those 

certain parcels „ •ic ij_j_-j_.ii 

of real estate, parts of two Certain parcels oi real estate situated at or 



Acts, 1905. — Chap. 185. 119 

near the junction oFMain street and Galen street in tliat 
town, which are not required for tlie widening of Galen 
street as recently laid out and widened by order of the 
county commissioners of the county of Middlesex, one of 
said parcels being supposed to be owned by the heirs of 
Samuel Barnard and the other by Joseph A. Burns and 
the heirs of John Burns, together with all the rights, ease- 
ments and privileges appurtenant to said parcels. The 
said town may hold, use and improve the parcels of real 
estate so taken or acquired under authority of this act, 
and may sell, convey or dispose of the same or of any 
part thereof in accordance with such vote or votes as may 
be passed by the town from time to time. 

Section 2. The said town shall cause to be prepared nje'',"o''i°'^„in,„ 
a plan and a memorandum, signed by the selectmen and to be prcpami. 
referring to said plan, showing — 

(1.) The land taken from said two parcels for the 
widening of Galen street, and the dimensions and area 
of those parts of said parcels included therein. 

(2.) The parts of said parcels which it is desired to 
take outside the boundaries of said widening, and the 
dimensions and area of each of those parts. 

(3.) Tlie owner of each parcel which it is desired to 
take and the buildings or structures upon such parcel. 

(4.) The damages which have been awarded by the 
selectmen for the parts of each parcel taken under au- 
thority of this act. 

The town shall cause said plan and memorandum to be To be flieii in 
filed, and the memorandum also to be recorded and in- deedsfetc/ 
dexed, in the registry of deeds for the southern district 
of the county of Middlesex ; and the filing of the plan and 
memorandum shall constitute a taking of the said par- 
cels. 

Section 3. Within seven days after said filing of ^rve,VoV^^ 
the plan the selectmen of said town shall cause notice J?"^"";^ [;,„,, 
of the filing of the plan and of the taking of the parts of etc. 
said parcels not required for the widening of Galen street 
to be served on each owner of the land so taken, by post- 
ing the notice in a conspicuous place on each parcel, either 
within or without the boundaries of the part taken for the 
widening of Galen street, and by publishing the notice 
once a week in each of two successive weeks in a news- 
paper published in said to^vn, if there be any, otherwise 
in a newspaper published in the county of Middlesex, and 



120 



Acts, 1905. — Chap. 185. 



DaniagfCB. 



Certain pro- 
visions of law 
to apply. 



Town may 
acquire certain 
land, etc. 



Posting, pub- 
lishing, etc., 
of notices. 



The word 
"owner" 
defined. 
Proviso. 



also by mailing such notice by registered letter to every 
such owner whose address is known ; and no damages shall 
be assessed or recovered for any building erected on said 
land subsequent to the giving of said notice, or for any 
subsequent alterations in or additions to any building on 
said land. 

Section 4. Damages for land taken under authority 
of this act shall be assessed and recovered as in the case 
of land taken for the laying out of highways ; and in case 
any person is aggrieved by the doings of the selectmen 
in the estimate of his damages he may petition the su- 
perior court for the assessment of his damages by a jury, 
but such petition shall not be effective unless filed within 
one year from the date of the filing of said plan. 

Section 5. Any laws at the time in force relative to 
raising or obtaining money to pay for land taken for 
widening Galen street shall apply with regard to raising 
or obtaining money to pay damages awarded or recovered 
for land taken or purchased under authority of this act. 

Section C. The said town may acquire by gift or 
purchase any part of the land the taking of which is 
authorized by this act, and may hold and dispose of the 
same as in the case of land taken under this act. 

Section 7. The posting, publishing, mailing or serv- 
ing of notices under this act may be done by the town 
clerk or by any person designated by the selectmen of 
said town. Such posting, publishing, mailing or serving 
may be by copy, and the return thereof by the town clerk 
or by the person designated by the selectmen shall be con- 
clusive evidence of such posting, publishing, mailing or 
service. Such return may be recorded in said registry 
of deeds, but such record shall not be necessary to the con- 
clusiveness of said return. 

Section 8. The word " owner ", as used in this act, 
shall mean and include owners of record: provided, how- 
ever, that 

(1.) W^lere any parcel is owned by more than one per- 
son the ownershi}) thereof may be designated on any plan 
filed under the provisions of this act by the name of one 
of such persons followed by the words " and others ", or 
other equivalent words; 

(2.) Where the title to any parcel or interest therein 
is of record in the heirs or devisees of a deceased jiei'son, 
no conveyance of the same having been made since the 



Acts, 1905. — Chaps. 186, 187. 121 

death of such person, the ownership of such parcel may 
be designated on such plan or in a memorandum accom- 
panying and mentioning the same as the " Estate of " 
such deceased person ; 

(3.) The owner or owners of any parcel shown on such 
plan or mentioned in the memorandum accompanying the 
plan may be taken for the purposes of this act to be, 
respectively, the owner or owners of record of such par- 
cel two weeks before the date of the filing of the memo- 
randum. 

Section 9. The powers conferred by this act shall be Powers con. 
in addition to those conferred on selectmen and other iuwftion to 
public officers and boards by existing laws. Ly^existhig^'"*^ 

Section 10. This act shall take effect upon its passage. ^"^^'^• 

Approved March 16, 1905. 

An Act relative to the maintenance of a high school nhfiq^ 1 gg 
IN the town of westford. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The trustees of Westford Academy and w^°fo,'iniay 
the school committee of the town of Westford are hereby maiutain a 

, . , . » , . "^ high school. 

authorized to enter into an agreement lor conducting, ac- 
cording to law, a school in said academy, under the order 
and superintendence of the authorities of said town, and 
during the term of such agreement or of any renewal 
thereof the town shall be considered as maintaining a 
high school. 

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

Approved March 16, 1905. 

An Act to authorize the city op boston to provide funds (JJidy) 187 

FOR the completion OF THE EAST BOSTON TUNNEL. 

Be it enacted, etc., as follows: 

Section 1. The treasurer of the city of Boston shall Rapid Transit 
from time to time, at the request of the Boston transit 
commission, issue and sell at public or private sale bonds 
of said city to the full amount authorized by chapter 
five hundred and forty-eight of the acts of the year eight- 
een hundred and ninety-four and chapter five hundred of 
the acts of the year eighteen hundred and ninety-seven, 
without the reduction provided for by chapter three hun- 



122 



Acts, 1905. — Chaps. 188, 189. 



dred and forty-seven of the acts of the year eighteen 
hnndred and ninety-seven, namely, to the amount of seven 
million five hundred thousand dollars, for the combined 
cost of the subway and of the East Boston tunnel. Such 
bonds shall be designated on their face, Rapid Transit 
Loan, shall be for the term of forty years, shall be regis- 
tered or shall have coupons attached, and shall bear interest 
at a rate not exceeding four per cent per annum, payable 
semi-annually, as said treasurer shall determine, and shall 
not be included in determining the statutory limit of in- 
appited to*the*' debtcduess of the city. Said treasurer shall apply the pro- 
ceeds of said bonds to the payment of the cost and expenses 
of constructing the tunnel or tunnels to East Boston, as 
authorized by chapter five hundred of the acts of the 
year eighteen hundred and ninety-seven and acts in amend- 
ment thereof and in addition thereto; and, as required 
by said act, he shall keep a separate account of the bonds 
issued and of the cost and expenses incurred in the con- 
struction of said tunnel or tunnels. 

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

Approved March 16, 1905. 



payment of 
expenses of 
constructing 
the East Bos 
ton tunnel. 



Chajy.lSS An Act to provide for the permanent investment 

OF THE technical EDUCATION FUND, COMMONWEALTH 
GRANT. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding twenty-five hundred 
dollars is hereby appropriated, to be paid out of the treas- 
ury of the Commonwealth for the paj'ment of premiums 
on purchases to be made by the treasurer and receiver 
general for the Technical Education Fund, Common- 
wealth Grant, as authorized by section two of chapter one 
hundred and seventy-four of the acts of the year nineteen 
hundred and four. 

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

Approved March 16, 1905. 



Technical 
Education 
Fund, Com- 
monwealth 
Grant. 



C^a?9.189 An Act relative to the increase of capital stock by 

TRUST companies. 

Be it enacted, etc., as follows: 

increaBeof A trust Company may, subject to the approval of the 

by trust com- Doard 01 commissioiiers oi savings banks, increase its eapi- 

panies. •*• 



Acts, 1905. — Chaps. 190, 191. 123 

tal stock to the maximum amount allowed by section five 
of chapter one hundred and sixteen of the Revised Laws, 
in the manner provided for the increase of capital stock 
of business corporations under the provisions of chapter 
four hundred and thirtv-seven of the acts of the year nine- 
teen hundred and three, and of acts in amendment thereof, 
relative to the increase of capital stock : provided, Jioiv- Proviso. 
ever, that no such stock shall be issued by any trust com- 
pany until the par value thereof shall be fully paid in 
in cash. Approved March 17, 1905. 

An Act relative to the taking and sale of small trout. (JJiQrr) ;19Q 
Be it enacted, etc., as follows: 

Section sixty-four of chaioter ninetv-one of the Revised ^- '-• ^^< § ?*> 

-^ ,i "/.i n 1 etc., amended. 

Laws, as amended by section eleven of chapter five hun- 
dred and forty-four of the acts of the year nineteen 
hundred and two, is hereby further amended by striking 
out the words " the county of Berkshire nor to ", in 
the eiffhth line, so as to read as follows : — Section 6Ji. Penalty for 

-jiyi " . , f , . . takins;, etc., 

Wnoever at any time takes, catches or has lu possession, smaiurout. 
or whoever sells or offers or exposes for sale in this 
Commonwealth, trout less than six inches in length shall 
forfeit ten dollars for each such trout taken, caught, 
held in possession, sold or offered or exposed for sale ; 
but the provisions of this section shall not affect the pro- Not to apply 
visions of section twenty-eight, nor shall they apply to a persons,'etc. 
person who is engaged in breeding or rearing trout or to 
any person who, upon taking such trout, immediately re- 
turns it alive to the water from which it was taken. 

Approved March 11, 1905. 



An Act to authorize cities and towns to establish QJkijj \()1 

MUNICIPAL building INSURANCE FUNDS. 

Be it enacted, etc., as follows: 

Section 1. Any city or town which accepts the pro- cities and 
visions of this act may establish and maintain a municipal eBtabiisiT"^ 
building insurance fund, from which any munici]ial buikl- b,Ilu}h,V/'i„8iir- 
ings or other property damaged or destroyed by fire, auceiunUB. 
lightning or otherwise, may be repaired, rebuilt or re- 
placed by other buildings or proj^erty to be used in lieu 
thereof. 



124 



Acts, 1905. — Chaps. 192, 193. 



May raise 
money. 



Management, 
etc., of fund. 



Acceptance of 
act. 



Section 2. Any such city or town may raise money 
for the purposes of this act, not exceeding in amount in 
any one year one twentieth of one per cent of its assessed 
valuation; but no money shall be raised for such purpose 
while the amount of the fund equals or exceeds one per 
cent of such valuation. 

Sectioiv 3. The fund established under this act by 
any city or town shall be managed and administered as 
provided in section fifteen of chapter twenty-seven of the 
Revised Laws, by the sinking fund commissioners thereof, 
if such there be, or by any municipal board of commis- 
sioners or trustees having charge of its trust or sinking 
funds ; and if in any such city or town such commissioners 
or trustees have not been established sinking fund com- 
missioners shall be elected in the manner provided in 
section fourteen of chapter twenty-seven of the Revised 
Laws. 

Section 4. This act may be accepted by any city by 
a concurrent vote of both branches of the city council, and 
by any town by a majority of the voters present and vot- 
ing thereon at a meeting duly called for that purpose. 

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

Approved March 17, 1905. 



Chap.192 A^ Act to establish the office of clerk of the first 

DISTRICT COURT OF EASTERN WORCESTER. 

Be it enacted, etc., as foUoivs: 

Section 1. There shall be a clerk of the first district 
court of eastern Worcester, who, in accordance with section 
one of chapter four hundred and fifty-three of the acts of 
the year nineteen hundred and four, shall receive a salary 
of seven hundred and twenty dollars a year, to be so al- 
lowed from the first day of April in the year nineteen 
hundred and five. 

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

Approved March 17, 1905. 



Office of clerk 
of first district 
court of east- 
ern Worcester 
established. 



Chap.Vd^ 



R. L. 1,3, § 4.3, 
etc., amendeil. 



An Act relative to deeds given by tax collectors. 

Be it enacted, etc., as follows: 

Section 1. Section forty-three of chapter thirteen of 
the Revised Laws, as amended by section one of chapter 
four hundred and twenty-three of the acts of the year 



Acts, 1905. — Chap. 194. 125 

nineteen hundred and two, is hereby further amended by 
inserting after the word " taxes ", in the twelfth line, 
the words : — and the premises conveyed shall also be 
subject to and have the benefit of all easements and re- 
strictions lawfully existing in, upon or over said land or 
appurtenant thereto when so taken, — so as to read as fol- 
lows : — Section 43. The collector shall execute and de- Deeds of land 
liver to the purchaser a deed of the land, which shall state tax'roiicctoi!/ 
the cause of sale, the price for which the land was sold, cases^ctc. 
the name of the person on whom the demand for the tax 
was made, the places where the notices were posted, the 
name of the newspaper in which the advertisement of 
the sale was published, and the residence of the grantee, 
and shall contain a warranty that the sale has in all ])ar- 
ticulars been conducted according to law. The deed shall 
convey, subject to the right of redemption, all the right 
and interest which the owner had in the land when it was 
taken for his taxes, and the premises conveyed shall also 
be subject to and have the benefit of all easements and re- 
strictions lawfully existing in, upon or over said land or 
appurtenant thereto when so taken. Such deed shall not 
be valid unless recorded within thirty days after the sale. 
Section 2. This act shall take effect upon its passage. 

Approved March 17, 1905. 



An Act to authorize the metropolitan park commis- nhnj) 1 94 

SIGN TO take certain LANDS IN THE TOWN OF RAN- 
DOLPH. 

Be, it enacted, etc., as follows: 

Section 1. The metropolitan park commission, with- J'"^ mctropoii. 

. /■Ill ^'^" park coin- 

out the concurrence 01 any other board or commission, mission inay 

may take in fee or otherwise, by purchase, gift, devise or lands in 
eminent domain, in the name and for the benefit of the '^^ " 1^ '• '^ ' • 
Commonwealth, as a public reservation for exercise and 
recreation, lands and rights in lands in the town of Ran- 
dolph, as an addition to and in improvement of lands de- 
vised to the Commonwealth through said commission by 
the late Henry L. Pierce. Said commission shall have 
the same powers of management and control of the prop- 
erty acquired under this act as is conferred on it by chap- 
ter four hundred and seven of the acts of the year eighteen 
hundred and ninety-three and acts in addition thereto and 



126 Acts, 1905. — CiiArs. 195, 196. 

in amendment thereof in respect to other lands hitherto 
acquired by it. 
Damages. Section 2. The damages sustained by any i^erson or 

corporation by reason of any taking hereunder shall be 
recovered in the manner provided in section seven of said 
chapter four hundred and seven. 

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

Approved March 17, 1905. 



Chap.195 -^N ^CT RELATIVE TO THE COMPENSATION OF MASTERS AND 

EXAMINERS IN THE LAND COURT. 

Be it enacted, etc., as folloivs: 

of'mEsters^ami Section 1. The Compensation of a master appointed 
examiners in under the provisious of section thirty-five of chapter one 

the land court. , -, -, t • ^ <• ,^ -n -it ^ £ 

hundred and twenty-eight oi the Itevised Laws, and oi 
an examiner under the provisions of section six of chap- 
ter four hundred and forty-eight of the acts of the year 
nineteen hundred and four, shall be awarded by the land 
court, and shall be paid by the county in which the land 
involved in the proceedings is situated, except that said 
compensation may be awarded by the land court in its 
discretion as a part of the taxable costs of the proceedings, 
in which case the compensation shall be paid as decreed 
by said court. 

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

Approved March 17, 1905. 



CAfW.196 An Act making appropriations for the compensation 

AND expenses OF THE COMMISSIONERS ON FISHERIES AND 
GAME. 

Be it enacted, etc., as foIIoivs: 

^wropria- 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 five, to wit : — 

Commissioners YoY comuensatiou of the commissioners on fisheries and 

on fisheries and l n r ' ^ i i ii- 

game. game, a sum not exceeding hity-six hundred and thirty 

dollars. 

Expenses. YoY travelling and other necessary expenses of the com- 

missioners on fisheries and game, including printing and 



Acts, 1905. — Chaps. 197, 198. 127 

binding their annual report, a sum not exceeding twenty- 
five hundred and fifty dollars. 

For clerical services in the office of the commissioners clerical 

1 ■ * 1 1 1 services 

on fisheries and game, a sum not exceeding nine hundred 
and seventy-five dollars. 

For the enforcement of the laws relating to fisheries Enforcement 
and game and the propagation and distribution of fish, propas^atiou of 
birds and other animals, for running expenses and for ^^'^••2*^- 
rent and maintenance of hatcheries, a sum not exceeding 
thirty-three thousand two hundred and ten dollars. 

For expense of stocking great ponds with food fish, a stocking great 
sum not exceeding five hundred dollars. 

For expense of stocking brooks with food fish, a sum stocking 
not exceeding three hundred dollars. 

For the protection of lobsters with eggs attached, a sum rrotecuonof 

lolisters 

not exceeding four thousand dollars. 

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

Approved March 17, 1005. 

An Act making an appropriation for the care and (J]i(ir>.\S)l 

MAINTENANCE OF WELLINGTON BRIDGE BY THE METRO- 
POLITAN PARK COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding twenty-six hundred |;,a^^,fenance 
and sixty-one dollars is hereby appropriated, to be paid ^^5^4"'"^^°° 
out of the Metropolitan Parks System Wellington Bridge 
Maintenance Fund, for the care and maintenance of Wel- 
lington bridge by the metropolitan park commission, for 
the year ending on the thirty-first day of December, nine- 
teen hundred and five, in accordance with the provisions 
of chapter four hundred and ninety-one of the acts of the 
year nineteen hundred and one. 

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

Approved March 17, 1005. 

An Act making appropriations for the care of reserva- Q]iap.Vi)S 

TIONS under the CONTROL OF THE METROPOLITAN PARK 
COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- Appropria- 
])ropriated, to be paid out of the Metrojwlitan Parks 
Maintenance Fund, for the care of reservations under 



128 



Acts, 1905. — Chap. 199. 



Metropolitan 
]iark coniinis- 
sioners. 



Travelling 
expenses, etc. 



Labor, team- 
ing, etc. 

Police. 



Lighting 
reservations. 

Watering 
roadways. 

Supplies, etc. 



Exterminat- 
ing gypsy and 
brown-tail 
moths. 



the control of the metropolitan park commission during 
the year ending on the thirty-first day of December, nine- 
teen hundred and five, as provided for by chapter four 
hundred and nineteen of the acts of the year eighteen 
hundred and ninety-nine, to wit : — 

For the salaries of the metropolitan park commission- 
ers, the sum of thirty-four hundred and fifty dollars. For 
the salaries of the secretary, paymaster and clerks of said 
commission, a sum not exceeding seventy-one hundred 
dollars ; and for extra clerical assistance, a sum not ex- 
ceeding five hundred dollars. 

For travelling, ofilce expenses and supplies, including 
printing and binding the annual report, a sum not ex- 
ceeding sixty-eight hundred dollars. 

For labor, teaming and keep of horses, a sum not ex- 
ceeding sixty-four thousand five hundred dollars. 

For the police under the charge of the metropolitan 
park commission, a sum not exceeding fifty thousand dol- 
lars. 

For lighting the reservations, a sum not exceeding nine 
thousand dollars. 

For watering roadways, a sum not exceeding four 
thousand dollars. 

For miscellaneous expenses and supplies, a sum not 
exceeding eleven thousand dollars. 

For exterminating the gypsy and brown-tail moths, a 
sum not exceeding twenty-five thousand dollars. 

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

Approved March 17, 1905. 



Chap.lQd An Act making appropriations for the care and mainte- 
nance OF THE NANTASKET BEACH RESERVATION BY THE 
metropolitan park COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- 
propriated, to be paid out of the Metropolitan Park 
System Nantasket Maintenance Fund, for the care and 
maintenance of ISTantasket beach by the metropolitan park 
commission during the year ending on the thirty-first day 
of December, nineteen hundred and five, which sums are 
to be repaid to the Commonwealth by the cities and towns 
in the metropolitan district, in accordance with the pro- 



Care and 
maintenance 
of Nantasket 
ijeach. 



Acts, 1905. — Chap. 200. 129 

visions of chapter four hundred and sixty-four of the acts 
of the year eighteen hundred and ninety-nine, to wit : — 

For police, a sum not exceeding eleven thousand two Poiice. 
hundred dollars. 

For sundry miscellaneous expenses and supplies, a sum Miscellaneous 

J--X 1,11111 expenses, etc. 

not exceeding sixty-seven hundred dollars. 

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

Approved March 17, 1905. 



An Act making appropriations for the care and mainte- QJi^j) 200 

NANCE OF BOULEVARDS AND PARKWAYS IN CHARGE OF THE 
METROPOLITAN PARK COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are ap- care and 
propriated, to meet expenses in connection with the care "tcert^n"''^ 
and maintenance of boulevards and parkways in charge and^plrkways. 
of the metropolitan park commission during the year end- 
ing on the thirty-first day of December, nineteen hundred 
and five, one half of the amounts to be paid out of the cur- 
rent revenue and the other half to be assessed upon the 
metropolitan park district, as authorized by chapter four 
hundred and nineteen of the acts of the year eighteen hun- 
dred and ninety-nine, to wit : — 

For the salaries of the metropolitan park commission- Metropolitan 
ers, the sum of thirty-four hundred and fifty dollars. si^mjr^"""^' 

For salaries of the supervisor of construction, stenog- stenographers, 
raphers, clerks and messenger, a sum not exceeding forty- ^1®^'^^'^*^; 
eight hundred and seventy-four dollars ; and for extra 
clerical assistance, a sum not exceeding five hundred dol- 
lars. 

For office expenses and supplies, a sum not exceeding office ex. 
fifty-five hundred dollars. penses,etc. 

For labor, teaming and keep of horses, a sum not ex- Labor, 
ceeding nineteen thousand dollars. teaming, etc. 

For the police, a sum not exceeding twenty thousand I'oUce. 
dollars. 

For lighting parkways and boulevards, a sum not ex- Lighting 
ceeding eighteen thousand dollars. ^^^ "ways, 

For watering parkways and boulevards, a sum not ex- watering 
ceeding eleven thousand dollars. par ways, etc. 

For sundry miscellaneous expenses, a sum not exceed- ^penBes**^^^^ 
ing forty-five hundred dollars. 



130 



Acts, 1905. — Chap. 201. 



Extermina- 
tion of gypsy 
and brown- 
tail motlis. 



For extermination of the gypsv and brown-tail moths, 
a smn not exceeding two thousand dollars. 

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

Approved March 11, 1905. 



Trustees of 
the New Eng- 
land Confer- 
ence of the 
Methodist 
Episcopal 
Church, terms 
of office, 
election, etc. 



Chap.201 -^^ -^C-'T TO AMEXD THE CPIARTER OF THE TRUSTEES OF THE 
NEW ENGLAND CONFERENCE OF THE METHODIST EPISCOPAL 
CHURCH. 

Be it enacted, etc., as foUoivs: 

Section 1. As soon as may be after the passage of 
this act the successors of the trustees who were incor- 
porated by chapter eighty-one of the acts of the year 
eighteen hundred and twenty-six as the Trustees of the 
Xew England Conference of the Methodist Episcopal 
Church shall divide themselves, by lot or otherwise, into 
three classes, so that the terms of office of those in the first 
class shall expire upon the election and qualification of 
their successors as hereinafter provided, the terms of 
office of those in the second class shall expire one year 
thereafter, and the terms of office of those in the third 
class shall expire two years thereafter. The members of 
the ]^ew England conference shall elect by ballot at its 
first annual session after the passage of this act three 
trustees to take the j)laces of said trustees of the first 
class, at its second annual session thereafter three trustees 
to take the places of said trustees of the second class, and 
at its third annual session thereafter three trustees to take 
the places of said trustees of the third class, all of said 
trustees so elected to hold office for the term of three 
years. At each succeeding annual session of said con- 
ference the members shall elect three trustees to take the 
places of those whose terms of office expire. In the event 
of the death, resignation or incapacity of a trustee the 
vacancy created thereby shall be filled by the members of 
the ]^ew England conference at its next annual session 
thereafter by the election by ballot of a trustee to serve 
for the unexpired term ; but, if the number of said trus- 
tees shall become reduced to less than five in the interim 
of the annual sessions of said conference, it shall be the 
duty of the remaining trustees to fill such vacancies by 
the election by ballot of other trustees to hold office until 
the next annual session of said conference. All trustees 
shall be members of said conference, and shall hold office, 



Vacancy, etc. 



Acts, 1905. — Chaps. 202, 203. 131 

save as hereinbefore provided, for the term of three years 
and until their successors are elected and qualified. The Meetings, 
trustees shall fix the times and places for holding their '^>'-i**'^'S' ^t*'- 
meetings and the manner of notifying the trustees, and 
shall make such by-laws, not repugnant to the laws of this 
Commonwealth, as they may think proper for the man- 
agement of their concerns. 

Section 2. Section three of said chapter eighty-one Repeal. 
is hereby repealed. 

Section 3. This act shall take eft'ect upon its passage. 

Approved March 23, 1905. 

An Act to provide certain ]military instruction for (JJidj) 202 

THE officers AND MEN OF THE MILITIA. 

Be it enacted, etc., as foUoivs: 

Section 1. There shall annually be allowed and paid fugtruc'tion for 
out of the treasury of the Commonwealth a sum not ex- themmtia. 
ceeding twenty-five hundred dollars, to be expended under 
the direction of the adjutant general in furnishing the 
officers and men of the organized militia with uniform 
instruction in military authority, organization and ad- 
ministration and in the elements of military art. Cer- 
tificates for allowances and expenses incident to such 
instruction shall be furnished to the adjutant general, 
and upon his approval payment shall be made to the per- 
son or persons certified to be entitled thereto. 

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

Apiyroved March 23, 1905. 

An Act to authorize the city of brocktox to effect an (JJiqj) 9Q3 

ADDITIONAL SURFACE DRAINAGE LOAN. 

Be it enacted, etc., as follows: 

Section 1. In addition to the sums already author- cuv of Brock- 
ized for the purposes stated in chapter three hundred and Loan, Act oi 
nine of the acts of the year eighteen hundred and eighty- ^^°^' 
eight, the city of Brockton is hereby authorized to issue 
from time to time, bonds, notes or scrip to an amount not 
exceeding fifty thousand dollars. Such bonds, notes or 
scrip shall be denominated on their face, City of Brockton 
Drainage Loan, Act of 1905, shall be payable at the ex- 
piration of periods not exceeding thirty years from the 
date of issue, and shall bear interest at a rate not exceed- 



132 



Acts, 1905. — Chap. 201. 



R. L. 27 to 

apply- 



ing four per cent per amnnn. The city may sell such 
securities at public or private sale, or pledge the same for 
not less than their par value for money borrowed for the 
purposes of this act, upon such terms and conditions as 
it may deem proper, and shall provide for the payment 
of said indebtedness by anmial proportionate payments. 
The sinking fund of any loan of the city may be invested 
therein. 

Section 2. The provisions of chapter twenty-seven 
of the Kevised Laws, except as otherwise provided herein, 
shall apply to the indebtedness hereby authorized and to 
the securities issued under authority of this act. 

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

Approved March 23, 1905. 



Chcqy.204: An Act relative to the licensing of pedlers. 

Be it enacted, etc., as follows: 



B. L. 65, § 19, 
amended. 



Pedlers' 
licenses. 



Section 1. Section nineteen of chapter sixty-five of 
the Revised Laws is hereby amended by striking out the 
words " not be required to pay any fee for his license for 
said city or town ", in the thirty-fourth and thirty-fifth 
lines, and inserting in place thereof the words : — pay as 
a fee to the treasurer of said city or town the amount, if 
any, by which the said license fee exceeds the amount 
paid by him to said city or towm as taxes on his stock in 
trade assessed on the first of May previous to the date of 
said license, — so as to read as follows: — Section 19. 
The secretary of the Commonwealth may grant a license 
to go about exposing for sale and selling any goods, wares 
or merchandise, except jewelry, wines, spirituous liquors 
and playing cards, to any person who files in his office a 
certificate signed by the mayor of a city or by a majority 
of the selectmen of a town, stating that to the best of his 
or their knowledge and belief the applicant therein named 
is of good refjute for morals and integrity, and is, or has 
declared his intention to become, a citizen of the United 
States. The mayor or selectmen, before granting such 
certificate, shall require the applicant to make oath that 
he is the person named therein, and that he is, or has de- 
clared his intention to become, a citizen of the L^nited 
States. Such oath shall be certified by a justice of the 
peace and shall accompany the certificate. The secretary 
shall cause the names of such cities and towns as the ap- 



Acts, 1905. — Chap. 205. 133 

plicant designates, with the amomits to be paid to the Pediere' 
respective treasurers thereof, as herein provided to be in- °®'^^^^- 
serted in every such license, and shall receive from the 
applicant one dollar for each city and town so inserted. 
The licensee may sell in any city and town mentioned in 
his license any goods, wares or merchandise, not prohibited 
in section fourteen, upon payment to the treasurer thereof 
of the following fees : for each town containing not more 
than one thousand inhabitants, according to the then latest 
census, state or national, three dollars ; for each town con- 
taining more than one thousand and not more than two 
thousand inhabitants, six dollars ; for each town contain- 
ing more than two thousand and not more than three thou- 
sand inhabitants, eight dollars; for each town containing 
more than three thousand and not more than four thou- 
sand inhabitants, ten dollars ; and for each city and for 
all other towns, ten dollars and one dollar for every one 
thousand inhabitants thereof over four thousand; but the 
fee shall in no case exceed twenty-five dollars, and the 
amount paid shall be certified by the city or to"\vn treas- 
urer on the face of the license. A licensee resident in a 
city or town, in which he pays taxes upon his stock in 
trade and is qualified to vote, shall pay as a fee to the 
treasurer of said city or town the amount, if any, by which 
the said license fee exceeds the amount paid by him to 
said city or town as taxes on his stock in trade assessed on 
the first of May previous to the date of said license. The 
secretary may grant as aforesaid special state licenses upon 
payment by the applicant of fifty dollars for each license ; 
and the licensee may expose for sale in any city or town 
in the Commonwealth any goods, wares or merchandise, 
the sale of which is not prohibited. 

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

Approved March 23, 1905. 

An- Act relative to streets and lands in the neighbor- nj.n^ oak; 

HOOD OF PARKS, PARKWAYS AND BOULEVARDS IN THE CITY ^' 

OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter five hundred and is98, 540, §2 
forty 01 the acts oi the year eighteen hundred and ninety- 
eight, as amended by section one of chapter three hundred 
and thirtv-one of the acts of the vear nineteen hundred 



134 Acts, 1905. — Chap. 206. 

and three, is hereby further amended by adding at the end 
of said section two the words : — and shall have all the 
powers of the mayor and board of aldermen in relation 
to trees on said boundary roads or parts of ways, — so as 
m^BsFoners o? ' ^° ^'^^*^ ^^ follows : — Sectiou 2. Said board of park corn- 
Boston to missioners shall have under their direction and control 

control plant- i i • i p ^^ i i • c 

ing of trees, the planting and care oi all trees, the placing oi seats, 
neighborhood standpipcs, drinking fountains, and works of art on said 
par s, etc. ]r,Qyj^(|ary roads and parts of ways, and may establish such 
reasonable rules and regulations relating to the same and 
to said roads and parts of ways, and to the displaying of 
advertisements, and to the height and character of fences 
placed upon lands abutting upon said boundary roads or 
parts of ways, as they shall deem that the public interests 
require, and shall have all the powers of the mayor and 
board of aldermen in relation to trees on said boundary 
roads or parts of ways. 

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

Approved March 23, 1905. 

Chap.2i06 An Act to authorize the refunding of parts of fees 

FOR LICENSES FOR THE SALE OF INTOXICATING LIQUORS IN 
CERTAIN INSTANCES. 

Be it enacted, etc., as follows: 
R. L. 100, §20 Section 1. Section twentv of chapter one hundred of 

etc., amended. , -r-, • i -r i i i • 

the Revised Laws, as amended by section one oi chapter 
one hundred and seventy-one of the acts of the year nine- 
teen hundred and two, is hereby further amended by in- 
serting before the word " If ", in the first line, the words : 

— If a licensee dies before the expiration of the term of 
his license, or, — by inserting after the word " issued ", 
in the twelfth line, the words : — or, in case of his death, 
to his administrator or executor, stating, — by inserting 
after the word " party ", in the fourteenth line, the words : 

— or to such administrator or executor, — and by adding 
at the end of the said section the words : — If a licensee 
dies before the expiration of the term of his license, the 
city or town by which it was granted may refund to his 
executor or administrator a part of the license fee pro- 
portionate to the unexpired term of the license, and the 
proportionate part of the percentage which has been paid 
to the Commonwealth shall be refunded to the city or 
town, — so as to read as follows : — Section 20. If a 



Acts, 1905. — Chap. 207. 135 

licensee dies before the expiration of the term of his a new license 
license, or if a license has been surrendered and cancelled case a licensee 
and not transferred the board or authority issuing the ^^^' ^ '^' 
license may issue another such license of the same class, 
and the two licenses shall count as one license ; and said 
board or authority shall require as a license fee for such 
second license a part of the license fee required therefor 
for the whole year proportionate to the unexpired term 
of the license. Said board or authority may in its dis- Part of fee 
cretion, in cases where two licenses of the same class have refunded in 
been issued for the same place in the same year, give a ^^am cases, 
certificate to the party to whom the first license was is- 
sued, or, in case of his death, to his administrator or 
executor, stating that a part of the fee paid therefor pro- 
portionate to the unexpired term of the license is to be 
refunded to such party, or to such administrator or ex- 
ecutor, by the treasurer of the city or to^vn from the fees 
thereafter received by said treasurer for licenses to sell 
intoxicating liquors. Said treasurer shall comply with 
the requirements of such certificate, and shall retain one 
quarter of the amount so paid from any money thereafter 
due from him or the city to the Commonwealth on ac- 
count of licenses to sell intoxicating liquors. If a licensee 
dies before the expiration of the term of his license, the 
city or to\vn by which it was granted may refund to his 
executor or administrator a part of the license fee propor- 
tionate to the unexpired term of the license, and the pro- 
portionate part of the percentage which has been paid to 
the Commonwealth shall be refunded to the city or town. 

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

T . . eifect etc 

and shall apply to licenses granted in the year nineteen 
hundred and four as well as to all licenses granted there- 
after. Approved March 23, 1905. 

An" Act to authorize the Berkshire railroad company, QJicmJ^Ol 

THE STOCKBRIDGE AND PITTSFIELD RAILROAD COMPANY AND 
THE WEST STOCKBRIDGE RAILROAD COMPANY TO UNITE. 

Be it enacted, etc., as follows: 

Section 1. The Berkshire Railroad Company, the certain raii- 
Stockbridge and Pittsfield Railroad Company and the n*ic8 inay unite 
West Stockbridge Railroad Company are hereby author- gMre^'i'a'iiTOad 
ized, by a vote of a majority in interest of the stockholders Company, 
of each of said corporations, at meetings called for the 



136 



Acts, 1905. — Chap. 207. 



Certain rail- 
roail compa- 
nies may unite 
as tlie B'erk- 
shire Railroad 
Company. 



Dissenting 
stocliliolders 
to flle declara- 
tion, etc. 



Proviso. 



Value of shares 
of dissenting 
stocljholders, 
how deter- 
mined, etc. 



j)urposc, to unite themselves in one corporation, to be 
called Berkshire Railroad Company. The terms of such 
union shall be as set forth in said votes. When such votes 
shall have been passed by said corporations, and the terms 
of the proposed union shall have been approved by the 
board of railroad commissioners, and a certificate signed 
by the board setting forth the vote of approval shall have 
been filed in the office of the secretary of the Common- 
wealth, as required b}^ section two hundred and seventy- 
eight of chapter one hundred and eleven of the Revised 
Laws, the said corporations shall thereupon become one 
corporation with the name aforesaid ; and all the fran- 
chises, property, jxtwers and privileges now enjoyed by, 
and all the restrictions, liabilities and obligations im- 
posed upon, said three corporations, by virtue of their 
respective charters, shall appertain to said united cor- 
poration in the same manner as if the same had been con- 
tained in or acquired under an original charter. 

Section 2. Every stockholder of each corporation 
shall be deemed to assent to the consolidation authorized 
by this act, unless, within sixty days after the date of 
approval by the board of railroad commissioners of such 
consolidation, he shall file Avith the clerk of the company 
whose shares he holds a writing declaring his dissent from 
the consolidation, and stating the number of shares held 
by him and the number of the certificate or certificates 
evidencing the same: provided, however, that as against 
any stockholder legally incapacitated from acting for 
himself, and having no legal guardian, said period of sixty 
days shall not begin to run until the removal of such in- 
capacity by the appointment of a legal guardian or other- 
wise. The shares of any stockholder dissenting as above 
specified shall be acquired by the company and shall be 
valued, and the value thereof shall be paid or tendered or 
deposited to or for the account of such stockholder in the 
manner following : — Within sixty days after the filing 
of any stockholder's dissent as above provided the com- 
pany shall file its petition with the supreme judicial court 
sitting within and for the county of Berkshire, setting 
forth the material facts and praying that the value of 
such dissenting stockholder's shares may be determined. 
Thereupon, after such notice to all parties concerned as 
it may deem proper, said court shall pass an order re- 
quiring such dissenting stockholder's certificate or cer- 



Acts, 1905. — Chap. 207. 137 

tificates of stock to be deposited with the clerk of said Jf^^^^^^H^^ 
coTirt, and shall appoint three commissioners to ascertain y^^^^°l^^^'^' 
and report the value of such dissenting stockholder's mined, etc. 
shares. Such report shall be made to the court as soon 
as practicable, and after due notice to the parties in in- 
terest it shall be accepted by the court, unless before such 
acceptance either of the parties to said proceeding shall 
claim a trial by jury, in which case the court shall 
order the value of said shares to be tried and determined 
by a jury in the same manner in which other civil cases 
are tried in said court. The said commissioners' report, 
or such verdict when accepted by the court, shall be final 
and conclusive as to the value of such dissenting stock- 
holder's shares, and the amount so ascertained as such 
value shall at once be paid or tendered to such stockholder, 
or, if such payment or tender be impracticable, the money 
shall be paid into court. Upon such payment or tender 
or deposit the shares of such dissenting stockholder and 
the certificate or certificates thereof shall become the 
property of the company, whose right and title thereto 
may be enforced by the court by any appropriate order 
or process. Exceptions may be taken to any ruling or Exceptions, 
order of said court, to be heard and determined by the court,^e°tc. 
full court, as in other civil cases. Said court may make 
all such orders for the enforcement of the rights of any 
party to the proceedings, for the consolidation of two or 
more petitions and their reference to the same commis- 
sioners, for the consolidation of claims for a trial by jury 
and the trial of two or more cases by the same jury, for 
the deposit of money in court, and for the payment of 
interest upon the value of the stockholder's shares, as 
determined, and the payment of costs by one party to the 
other, as justice and the speedy settlement of the matters 
in controversy may require. 

Section 3. The capital stock of the consolidated com- capital stock. 
pany shall not exceed in amount the aggregate of the 
outstanding capital stock of the uniting companies. 

Section 4. This act shall take efl^ect upon its passage. 

Approved March 23, 1905. 



138 



Acts, 1905. — Chaps. 208, 209. 



Chap.208 ^^^ -"^CT TO PROHIBIT UNAUTHORIZED PERSONS FROM RIDING 
UPON A RAILROAD OR UPON THE PROPERTY OF THE BOSTON 
TERMINAL COMPANY. 

Be it enacted, etc., as follows: 

Whoever, without right, rides or attempts to ride upon 
a locomotive engine, tender, freight car, caboose, or other 
conveyance not a part of a passenger train, upon a rail- 
road or upon the property of the Boston Terminal Com- 
pany, after being requested to leave the same by an 
employee of the railroad or of said Boston Terminal 
Company, or by a police officer, shall be punished by a 
fine of not more than fifty dollars or imprisonment for 
not more than six months. A sheriff, deputy sheriff, 
constable, police officer, railroad police officer, or officer 
appointed with the powers of a railroad police officer, 
upon view of such an offence, may, without warrant, 
arrest the offender and make complaint against him there- 
for. Approved March 23, 1905. 



Penalty for 
riding upon a 
railroad or 
iipon the 
property of 
the Boston 
Terminal Com- 
pany without 
authority. 



C7iap.209 ^^N -^CT RELATIVE TO THE MARKING OF CRANBERRY BARRELS 

AND CRATES. 

Be it enacted, etc., as follows: 

Section 1. Section two of chapter four hundred and 
eight of the acts of the year nineteen hundred and three 
is hereby amended by striking out the word " deputy ", 
in the ninth line, so as to read as follows : — Section 2. 
Every barrel or crate used for the sale or delivery of 
cranberries shall be of the Massachusetts standard meas- 
ure, and shall be marked as required by this act. ]^o 
person shall use any barrel or crate for such sale or 
delivery the capacity of which is less than that of the 
standard barrel or crate herein provided for. Any per- 
son violating any of the provisions of this act shall be 
punished by a fine not exceeding one hundred dollars. 
The sealers of weights and measures of the several cities 
and towns shall cause the provisions of this act to be en- 
forced. 

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

Approved March 23, 1905. 



1903, 408, § 2, 
amended. 



Cranberry 
barrels and 
crates to be of 
Massachusetts 
standard 
measure, etc. 



Penalty. 



Enforcement 
of provisions. 



Acts, 1905. — Chaps. 210, 211. 139 



An Act relative to loitering upon the premises of (J]iqj) 210 
railroad corporations. 

Be it enacted, etc., as follows: 

Section 1. Section two hundred and fifty of chapter r. l. iii, §250, 
one hundred and eleven of the Revised Laws is hereby ^^^ "^ 
amended by inserting after the word " by ", in the fourth 
line, the words : — a police officer or by, — so as to read as 
follows : — Section 250. Whoever without right loiters Penalty for 

• ,i • J. J.- 1 J? •! 1 loitering upon 

or remains within a station house 01 a railroad corpora- the premises 
tion or upon the platform or grounds adjacent to such co/porations. 
station, after being requested to leave the same by a police 
officer or by a railroad police officer, shall forfeit not less 
than two nor more than twenty dollars. 

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

Approved March 23, 1905. 

An Act to establish a new fiscal year for the com- Q]injy 9^1 

MONWEALTH. 

Be it enacted, etc., as folloivs: 

Section 1. The fiscal year of all offices, departments, The fiscal year 
boards, commissions, hospitals, asylums, charitable, penal monweaith^to 
and reformatory institutions of the Commonwealth shall befT,etc?^™ 
begin with the first day of December and end with the 
following thirtieth day of JSTovember, and all books and 
accounts therein shall be kept by fiscal years as herein 
established, and the annual reports of all officers, trustees, 
boards and commissions, except the report of the insur- 
ance commissioner and except those reports otherwise pro- 
vided for in this act, shall be made to the governor and 
council, or to the general court, as now required by law, 
except that they shall be made on or before the third 
Wednesday in January, anything in any general or special 
statute now existing to the contrary notwithstanding. 
Such reports shall be deposited with the secretary of the 
Commonwealth, who shall transmit them to the governor 
and council or to the general court. The financial state- 
ments now required by law to be included therein shall 
be made for the fiscal year as herein established. The 
annual meetings of trustees of state institutions and of 
state boards, at which financial statements are required 
by law to be presented, shall be held in the month of 
December in each year. 



140 



Acts, 1905. — Chap. 211. 



R. L. 6, § 9, 
amended. 



Treasurer's 
annual report. 



R. L.6, §21, 
amended. 



Examination 
of books, etc., 
of treasurer 
and auditor. 



R. L. 6, § 22, 
amended. 



Auditor's 
annual report. 



R. L. 6, § 25, 
amended. 



Auditor's 
annual report. 



R. L. 6, § 26, 
amended. 



Sectiok" 2. Section nine of chapter six of tlie Re- 
vised Laws is hereby amended by inserting after the word 
" annually ", in the first line, the words : — on the first 
Wednesday, — and by inserting after the word " preced- 
ing ", in the third line, the word : — fiscal, — so as to 
read as follows : — Section 9. He shall annually, on the 
first Wednesday in January, report to the general court 
a statement of the transactions of his department for the 
preceding fiscal year, including a specific statement of 
all warrants remaining unpaid and of the names of the 
persons in whose favor they are dra^^^l. 

SECTioisr 3. Section twenty-one of said chapter is 
hereby amended by striking out the word " January ", 
in the first line, and inserting in place thereof the word: 
— December, — so as to read as follows: — Section 21. 
He shall annually in December examine the books, ac- 
counts and vouchers of- the treasurer and receiver general; 
and his own books and accounts shall be subject at any 
time to such examination as the governor and council or 
the general court may order. He shall comply with any 
regulations relative to the duties of his ofiice which may 
be made in writing by the governor and council, and not 
inconsistent with the provisions of this chapter. 

Section 4. Said chapter six is hereby further amended 
by striking out section twenty-two and inserting in place 
thereof the following : — Section 22. He shall annually 
on the first Wednesday in January submit to the general 
court an abstract of his report, in print, exhibiting a full 
and accurate statement of the financial condition and 
transactions of the Commonwealth for the preceding fiscal 
year, and as soon as may be thereafter he shall submit, 
in print, his report in detail. 

Sectiojst 5. Section twenty-five of said chapter is 
hereby amended by inserting before the word " year ", 
in the second line, the word : — fiscal, — so as to .read as 
follows : — Section 25. Such report shall include an 
estimate, for the current fiscal year, of the ordinary and 
other revenue of the Commonwealth and of the expenses 
of the departments, boards and commissions and of all 
other persons acting under the authority of the Common- 
wealth. Such expenses shall be j^rovided for by annual 
appropriations. 

Section 0. Section twenty-six of said chapter is 
hereby amended by striking out the words " except for 



Acts, 1905.— Chap. 211. 141 

the payment of salaries ", in the third line, by striking out 
the word " December ", in the fourth line, and inserting 
in place thereof the word : — JN^ovember, — by striking 
out the word " current ", in the sixth line, and inserting 
in place thereof the words : — preceding fiscal, — by strik- 
ing out the word " ensuing ", in the seventh line, and 
inserting in place thereof the words : — current fiscal, — 
and by striking out the word " second ", in the eleventh 
line, and inserting in place thereof the word : — first, — 
so as to read as follows : — Section 26. Every officer or Annual 
board having charge of any department requiring an ex- appnfprfa" 
penditure of money from the treasury of the Common- ^^^^' 
wealth, shall annually, on or before the fifteenth day of 
j^Tovember, submit to the auditor of accounts estimates 
in detail and in tabular form showing the amounts appro- 
priated for the preceding fiscal year and the amounts 
required for the current fiscal year, with an explanation 
of the necessity of any new or increased or decreased ex- 
penditures, and citations of the statutes relating thereto. 
The auditor shall embody such estimates, with those for 
his own department, in one document, which shall be 
printed and laid before the general court on the first 
Wednesday of the succeeding January. 

Section 7. Section thirty-one of said chapter is r. l. e, § 31, 
hereby amended by striking out the word '' political '', ^^^^^^^^d. 
in the second line, and inserting in place thereof the 
word : — fiscal, — by inserting after the word " succeed- 
ing ", in the third line, the word : — fiscal, — and by 
Inserting after the word " succeeding ", in the sixth line, 
the word : — fiscal, — so as to read as follows : — Section unexpended 
31. If an appropriation or a portion thereof is not ex- torevertretc"^ 
pended within the fiscal year in which it is made or within 
the succeeding fiscal year, it, or the unapplied balance 
thereof, shall revert to the general treasury and shall not 
afterward be paid out except upon a new appropriation. 
An unexpended balance of an appropriation for a specific 
year may be applied in the succeeding fiscal year to the 
purpose for which the appropriation was made. 

Section 8. Section thirty-seven of said chapter isR. l. e, §37, 
hereby amended by striking out the word " twenty-fifth ", amended, 
in the seventh line, and inserting in place thereof the 
word: — first, — so as to read as follows: — Section 37. statp,nentiu 
Such officers shall, within thirty days after the receipt of auditor, 
an advance, file with the auditor a detailed statement of 



142 



Acts, 1905. — Chap. 211. 



R. L. 6, § 38, 
amended. 



Payments 
from ordinary 
revenue, etc. 



R. L. 6, § 40, 
amended. 



Purchases 
by ofHcers 
regulated, etc. 



R. L. 84, § ' 
amended. 



Trustees of 
institutions to 
ma lie an 



the amounts expended subsequent to the previous account- 
ing, approved by the board authorized to supervise such 
expenditure, and vouchers therefor if they can be ob- 
tained. All advances so made shall be accounted for and 
vouchers therefor filed with the auditor before the first 
day of December in each 3'ear. 

Section 9. Section thirty-eight of said chapter is 
hereby amended by inserting after the word " each ", in 
the fourth line, the word : — fiscal, — so as to read as 
follows : — Section 38. Payments authorized by appro- 
priation acts shall be made from the ordinary revenue, 
if no other provision is expressly made therefor. Cash 
from the ordinary revenue on hand at the beginning of 
each fiscal year shall be carried to the account of the or- 
dinary revenue of that year. 

Section 10. Section forty of said chapter is hereby 
amended by striking out the words " month of ", in the 
seventh line, and inserting in place thereof the words : — 
months of December and, — and by striking out the word 
" January ", in the twelfth line, and inserting in place 
thereof the word : — December, — so as to read as fol- 
lows : — Section Jj.0. ^o officer shall make purchases or 
incur liabilities in the name of the Commonwealth for a 
larger amount than has been appropriated for the service 
or purpose for which such purchases have been made or 
liabilities incurred ; and the Commonwealth shall not be 
responsible for the acts of its servants and officers for 
any amount in excess of its appropriations. Officers or 
boards may continue their several departments during the 
months of December and January, until the general court 
otherwise orders, at the rate of expenditure authorized 
by the appropriations for the preceding year. If ex- 
penditures are made in excess of appropriations, the offi- 
cers having charge of such expenditures shall annually, 
on or before the fifteenth day of December, report to the 
auditor the details of such expenditures with the reasons 
therefor, and the auditor shall make a special report of 
the same to the general court early in its session. 

Section 11. Section seven of chapter eighty-four of 
the Revised Laws is hereby amended by striking out the 
word " September ", in the second line, and inserting in 
place thereof the word : — ISTovember, — so as to read as 
follows : — Section 7. The trustees of each institution 
named in section two shall annually on the thirtieth day 



Acts, 1905. — Chap. 212. 143 

of ISTovember cause to be made and sent to the board an annual inven. 
accurate inventory of the stock and supplies on hand ^^^' 
and the vahie and amount thereof, under the following- 
heads : — 

Live stock on the farm, produce of the farm on hand, 
carriages and agricultural implements, machinery and 
mechanical fixtures, beds and bedding in the inmates' 
department, other furniture in the inmates' department, 
personal property of the Commonwealth in the super- 
intendent's department, ready-made clothing, dry goods, 
provisions and groceries, drugs and medicines, fuel, 
library. 

Section 12. Appropriations of the general court for Appropria- 
the year nineteen hundred and six shall be made for the 
eleven months from the first day of January to the thir- 
tieth day of November, inclusive. Appropriations made 
by the general court thereafter shall be made for the fiscal 
year beginning on the first day of the preceding December 
and ending on the thirtieth day of the succeeding Novem- 
ber, both inclusive. 

Section 13. Section twenty-seven of chapter six and Repeal, 
section five of chapter nine of the Revised Laws and all 
other acts and parts of acts inconsistent herewith are 
hereby repealed. 

Section 14. This act shall take effect on the thirty- when to take 
first day of December in the year nineteen hundred and ^ 
five. Approved March 23, 1905. 

An Act relative to a relief station in the east B0S-/nf7 q-io 

TON district of THE CITY OF BOSTON. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The hospital trustees of the city of Bos- Branch of 
ton shall take, by purchase or otherwise, such real estate hosptoUcfbe 
in the East Boston district of the city as the trustees shall erected, etc. 
deem proper, and shall erect thereon a building and pre- 
pare grounds for, and furnish and equip a branch hos- 
l^ital of the Boston city hospital. 

Section 2. For the purpose of meeting the expenses city treasurer 
incurred in carrying out the provisions of this act the bonds^^eSf.'*^' 
treasurer of the city of Boston shall from time to time 
issue notes, bonds or scrip within the debt limit of the 
city, to an amount not exceeding one hundred thousand 
dollars. Such notes, bonds or scrip shall bear such in- 



lU Acts, 1905. — Chap. 213. 

terest, payable semi-annually, not exceeding four per cent 
per annum, and shall be payable at such times, not less 
than ten nor more than forty years from their date, as 
shall be determined by the said treasurer. 

Taking of land, Section 3. The trustees, to make any taking by right 
of eminent domain, shall cause to be recorded in the 
registry of deeds for the county of Suffolk a description 
of the land sufficient for identification, and approved by 
the mayor of the city. Such record shall constitute the 
taking, and the provisions of law applicable to the re- 
covery of damages for the taking of land for highways 
in the city shall, so far as the same are applicable, apply 
to the recovery of damages for the taking of land under 
this act. 

^ect *° *^^*^ Section 4. This act shall take effect upon its accept- 
ance by a two thirds vote of each branch of the city council 
of said city. Approved March 2Jf., 1905. 

CA«2J.213 Ax Act relative to the approval or age and schoolixg 

CERTIFICATES OF MINORS. 

Be it enacted, etc., as follows: 

rtc^'amencied Section 1. Chapter onc hundred and six of the Re- 
vised Laws, as amended by section one of chapter four 
hundred and thirty-two of the acts of the year nineteen 
himdred and four, is hereby further amended by striking 
out section thirty-one and inserting in place thereof the 

a'<?efmd school- ^^^^^o'^i^S • — Section 31. An age or schooling certifi- 

ing certificates catc shall not be approved unless satisfactory evidence is 
furnished by a certificate of birth or baptism of such 
minor, or by the register of birth of such minor with a 
city or town clerk, that such minor is of the age stated 
in the certificate, except that other evidence, under oath, 
may be accepted in case the superintendent or person au- 
thorized by the school committee, as provided in the pre- 
ceding section, decides that neither the certificate of birth 
or baptism, nor the register of birth is available for the 
purpose. 

effect"! ^"^''^^ Section 2. This act shall take effect on the first day 
of July in the year nineteen hundred and five. 

Approved March 21^, 1905. 



Acts, 1905. — Chaps. 214, 215, 216. 145 



Ax Act making ax appropriatiox for operatixg the fJJin.jj 91 4 

SOUTH METROPOLITAX SYSTEM OF SEWAGE DISPOSAL. 

Be it enacted, etc., as follows: 

Section 1. A sum not exceeding one liimdred and poiitan*TyIt*em 
forty-four thousand nine hundred and twenty dollars is ^f/*^j^ijp 
hereby appropriated, to be paid out of the South Metro- 
politan System Maintenance Fund, for the cost of mainte- 
nance and operation of the south metropolitan system of 
sewage disposal, comprising a part of Boston, the cities 
of Xewton, Qiiincy and Waltham, and the towns of Brook- 
line, WatertOT\Ti, Dedham, Hyde Park and Milton, during 
the year ending on the thirty-first day of December, nine- 
teen hundred and five. 

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

Approved March 34, 1905. 

Ax Act makixg ax appropriatiox for operatixg the/-/7 q-i;- 

XORTH METROPOLITAX SYSTEM OF SEWAGE DISPOSAL. ^ ' 

Be it enacted, etc., as folloivs: 

Section 1. A sum not exceeding one hundred and xorthmetro- 

-11 -1 politan system 

twenty-seven thousand dollars is hereby appropriated, to of sewas-e 
be paid out of the jSTorth Metropolitan System Mainte- 
nance Fund, for the maintenance and operation of the 
system of sewage disposal for the cities and towns in- 
cluded in what is known as the north metropolitan system, 
during the year ending on the thirty-first day of Decem- 
ber, nineteen hundred and five. 

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

Approved March 24, 1905. 

Ax Act to provide for the electiox of two additioxal {^jj^yj^ oia 

TRUSTEES OF THE LOWELL TEXTILE SCHOOL BY THE GRADU- ^ "^ 

ATES THEREOF. 

Be it enacted, etc., as follows: 

Section 1. Graduates of the Lowell textile school Graduates of 

the Lowell 

who hold the diploma of the trustees and faculty thereof textue school 
may, at the annual meeting of the alumni of the school, additional 
or at a special meeting duly called for the purpose, with 
notice thereof to each graduate entitled to vote, choose by 
ballot one trustee for the term of one year from the first 



146 



Acts, 1905. — Chap. 217. 



Certain 
persons not 
eligible. 



Trustees to 
prescribe 
method of 
voting, etc. 



day of July next succeeding such election, and one trustee 
for the term of two years from said date, and thereafter 
annually may elect one trustee for the term of two years. 
Said trustees shall be in addition to those provided for 
by chapter four hundred and seventy-five of the acts of 
the year eighteen hundred and ninety-five, and by acts in 
amendment thereof or in addition thereto. Xo trustee, 
officer, instructor or other employee of said corporation 
or school, and no person graduated at the school in the 
year in which the election is held, shall be eligible for 
election as such trustee. 

Section 2. The trustees of the Lowell textile school 
shall prescribe the method of voting and of certifying the 
vote. Duly certified proxies of graduates entitled to vote, 
but who are not present, shall be recognized. 

Approved March 3Jf, 1905. 



Cha2).217 Ax Act to abolish the board of public works ix" the 

CITY OF LYXN. 



Board of pub- 
lic works in 
city of Lynn 
abolished, etc. 



Superintend- 
ent of streets 
to be ap- 
pointed, etc. 



Repeal. 



To be sub- 
mitted to 
voters, etc. 



Be it enacted, etc., as follows: 

Section 1. The board of public works in the city of 
Lynn, established under the provisions of section thirty- 
four of chapter three hundred and sixty-seven of the acts 
of the year nineteen hundred, entitled " An Act to revise 
the charter of the city of Lynn ", is hereby abolished, and 
the board of aldermen of that city shall hereafter have 
and exercise all the powers and authority conferred by 
said section on the board of public works. 

Section 2. The mayor of said city shall annually in 
the month of March appoint, subject to confirmation by 
the board of aldermen, a superintendent of streets who 
shall perform such duties and receive such compensation 
as the board of aldermen shall prescribe and determine. 

Section 3. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 4. This act shall be submitted to the voters 
of the city of Lynn at the next state election, and shall 
take effect upon its acceptance by a majority of the voters 
voting thereon. The question to be placed upon the ballot 
shall be : — " Shall the board of public works of this city 
be abolished ? " Approved March 24, 1905. 



Acts, 1905. — Chaps. 218, 219. 147 

An Act relative to the appointment by the sergeant- (JJiq^^ 91 g 

AT-AR]MS OF A CLERK OF THE LEGISLATIVE DOCUMENT DI- 
VISION. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter ten of the Revised aniendeh!^' 
Laws is hereby amended by striking ont the words " and 
three ", in the third line, and inserting in place thereof the 
word : — two, — and by inserting after the word " mes- 
sengers ", in the fonrth line, the words : — and one person 
who shall be clerk of the legislative docnment division, — 
so as to read as follows : — Section 6. He shall, annu- sergeant-at. 
ally, with the approval of the secretary and the treasnrer andmessen- 
and receiver general, appoint a clerk, who shall also act Ifent.^etc!'^"*' 
as clerk of the state house commission, two sergeant-at- 
arms' messengers, and one person who shall be clerk of 
the legislative document division, whom he may at any 
time remove and for whose fidelity and good conduct he 
shall be responsible. 

Section 2. Section ten of said chapter is hereby R. l. lo, § lo, 
amended by inserting after the word " dollars ", at the ' 
end of the third line, the words : — of the clerk of the 
legislative document division, twelve hundred dollars, — so 
as to read as follows: — Section 10. The annual salary salary of 
of the sergeant-at-arms shall be thirty-five hundred dol- arms, etc. 
lars ; of his first clerk, twenty-two hundred dollars ; of 
each of his messengers, eleven hundred dollars ; of the 
clerk of the legislative document division, twelve hundred 
dollars ; of the messenger to the treasurer and receiver 
general, sixteen hundred dollars. 

Section 3. This act shall take effect upon its passage, when to take 
except that the salary provided for in the preceding sec- ^ ^^ ' 
tion to be paid to the clerk of the legislative document 
division shall be allowed and paid from the first day of 
January of the year nineteen hundred and five. 

Approved March 2Jf, 1905. 

An Act to establish a part of the boundary line be- (JJicm.^X'Q 

TWEEN THE TOWNS OF NEWBURY AND ROWLEY. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall here- Part of 
after be a part of the boundary line between the to"v\Tis between New! 



148 Acts, 1905. — Chap. 219. 

Lury and of !N^ewburj and Eowlev : — Beginning at a point in the 

lished." " present line between the towns of Xewbnry and Rowley, 
at a granite monument standing in the channel of Great 
creek nnder the westerly end of the bridge in the street 
known as Main street in Rowley and High street in New- 
bury, in latitude forty-two degrees, forty-five minutes, 
seventy-one hundredths seconds, and longitude seventy 
degrees, fifty-one minutes, twenty-one and twenty-six 
hundredths seconds ; thence south seventy-five degrees, 
twenty-one minutes west, true bearing, fifteen hundred 
and eighty-one feet to a granite monument standing on 
the easterly side of a discontinued way, formerly the 
old post road, in latitude forty-two degrees, forty-four 
minutes, fifty-six and seventy-six hundredths seconds, and 
longitude seventy degrees, fifty-one minutes, forty-one and 
seventy-seven hundredths seconds ; thence south eighty- 
seven degrees, thirty-two minutes west, true bearing, 
twenty-two hundred and eighty-three feet to a granite 
monument standing on Bishop's island, in latitude forty- 
two degrees, forty-four minutes, fifty-five and seventy- 
nine hundredths seconds, and longitude seventy degrees, 
fifty-two minutes, twelve and thirty-four hundredths sec- 
onds ; thence north fifty-five degrees, twelve minutes west, 
true bearing, five hundred and ninety-six feet to a cedar 
post standing in marsh in latitude forty-two degrees, 
forty-four minutes, fifty-nine and sixteen hundredths 
seconds, and longitude seventy degrees, fifty-two minutes, 
eighteen and ninety-two hundredths seconds : thence in 
the same direction about four hundred and twenty-five 
feet to the centre of Mill creek; thence in a generally 
westerly direction, following the centre line of Mill creek 
about fifteen thousand feet, to a point about four hundred 
feet, north sixty-eight degrees, thirty-one minutes east, 
true bearing, from a granite monument, standing in a 
wall and a]>out one hundred feet northwest of the house 
of jSTathaniel Dummer, said monument being in latitude 
forty-two degrees, forty-four minutes, thirty and sixteen 
hundredths seconds, and longitude seventy degrees, fifty- 
four minutes, three and forty-five hundredths seconds; 
thence south sixty-eight degrees, thirty-one minutes west, 
true bearing, about sixty-seven hundred and thirteen feet, 
passing through the last described monument to a granite 
monument, in latitude forty-two degrees, forty-four min- 
utes, seven and thirty-two hundredths seconds, and longi- 



Acts, 1905. — Chaps. 220, 221. 149 

tilde seventy degrees, fifty-five minutes, twenty-two and 
seventeen hundredths seconds ; thence north sixty-two de- 
grees, nineteen minutes west, true bearing, five hundred 
and forty-seven feet, to the present corner of the toAvns 
of Georgetown, ]S[ewbury and Rowley at Frazier's rock, 
in latitude forty-two degrees, forty-four minutes, nine 
and eighty-three hundredths seconds, and longitude seventy 
degrees, fifty-five minutes, and twenty-eight and sixty-six 
hundredths seconds. 

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

Approved March 27, 1905. 

A>r Act relative to wood alcohol. Chap.220 

Be it enacted, etc., as follows: 

Section 1. Wlioever, himself or by his servant or Peiiait3-for 
agent, or as the servant or agent of any other person, woocfjiicohoi 
sells, exchanges or delivers any wood alcohol, otherwise poison \abeL 
known as methyl alcohol, shall affix to the vessel contain- 
ing the same and shall deliver therewith a label bearing 
the words " Wood Alcohol, Poison ", in black letters of 
uncondensed Gothic type not less than one fourth of an 
inch in height. Whoever violates the provisions of this 
section shall pay a fine of not less than fifty dollars nor 
more than two hundred dollars. 

Section 2. Wlioever, himself or by his servant or Penalty for 
agent, or as the servant or agent of any other person, artu-ies of food 
sells, exchanges or delivers, or has in his possession with conmkiiJig '^■' 
intent to sell, exchange or deliver, any article of food or ^"^'^''^icohoi. 
drink, or any drug intended for internal use, containing 
any wood alcohol, otherwise known as methyl alcohol, shall 
be punished by a fine of not less than two hundred dollars 
or by imprisonment for not more than thirty days, or by 
both such fine and imprisonment. 

Approved March 21, 1905. 

An Act to authorize the conveyance of certain real Chap.'l^A. 
estate used for school purposes bt the town of 

FRAMINCtHAM. 

Bo it enacted, etc., as follows: 

Section 1. The town of Framingham is hereby an- The town of 
thorized to sell and convey any or all of the real estate niiiy seiT, etc., 
conveyed to it under the provisions of chapter one hun- eetate? ''^'' 



150 Acts, 1905. — Chaps. 222, 223. 

dred and seventv-eight of the acts of the year eighteen 
hundred and fifty-one, free and discharged from any trust 
whatsoever, and any deed or deeds conveying the same 
shall 1)6 executed by the treasurer of the town in the name 
and behalf of the town. 

Repeal. Section 2. So much of Said chapter one hundred and 

seventy-eight as is inconsistent herewith is hereby re- 
pealed. 

^ect!*^*^^^ Section" 3. This act shall take effect upon its accept- 
ance by the town of Framingham at a meeting called for 
that purpose. Approved March 21, 1905. 

CJlCip.222 ^^ ^CT RELATIVE TO CHANGES IX THE BY-LAWS OF BUSINESS 
CORPORATIONS AS TO THE DATE OF THE ANNUAL MEETING. 

Be it enacted, etc., as follows: 

poration^toflie Section 1. Every foreign and domestic corporation 
lionerTf""^' subjcct to the provisious of chapter four hundred and 
corporations thirtv-scven of the acts of the year nineteen hundred and 

3. C6rtinc<itG 01 

oertaiu three shall, whenever any change is made altering the 

by-laws. date fixed in the by-laws for the annual meeting of the cor- 

poration, file in the office of the commissioner of corpora- 
tions a certificate of such change, signed and sworn to by 
the clerk of the corporation. 

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

Approved March 21 , 1905. 

Chap.22S -^^ ^^'^ RELATIVE TO BENEFITS PAYABLE BY THE BOSTON 

POLICE RELIEF ASSOCIATION. 

Be it enacted, etc., as follows: 
Paymentof Section 1. The benefits to accrue by reason of the 

OGncnts nv ttiG 

Boston Police deccasc of members of the Boston Police Relief Associa- 
tion. " ' tion, incorporated by chapter sixteen of the acts of the 
year eighteen hundred and seventy-six, may be made 
payable, in such manner as the by-laws of said associa- 
tion shall provide, to the wife, child, child by legal 
adoption, parent, parent by legal adoption, or persons 
dependent upon the member named in the benefit certifi- 
Proviso. cate: provided, however, that when all the persons who 

might have a legal claim for support against a member 
have died or have ceased to have such claim, then, with 
the approval of the officers of the said association, and 



Acts, 1905. — Chap. 224. 151 

subject to such rules as they may prescribe, any other 
person or any charitable, educational or religious cor- 
poration may be named as beneficiary in the certificate. 

Section 2. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Approved March 27, 1905. 

Ak Act to extend the time for petitioxixg for da:m- (7Aa».224 

AGES resulting FROM CERTAIN IMPROVEMENTS OF THE 
STATE HOUSE GROUNDS. 

Be it enacted, etc., as follows: 

Section two of chapter five hundred and forty-three of ameMed.^^' 
the acts of the year nineteen hundred and two is hereby 
amended by striking out the word " two ", in the twelfth 
line, and inserting in place thereof the word : — three, — 
so as to read as follows : — Section 2. Any person own- Time extended 
ing land on or within forty-two feet of Bowdoin street, for damages on 
between Allston street and Beacon street, or on or within fm'j^rovement 
ninety-five feet of Beacon street between the Claflin build- *'* ^^'^^ '^''"®^- 
ing, so-called, and Park street, whose property is damaged 
more than it is benefited by the improvement of the state 
house, consisting of the limitation of the height of build- 
ings on said land, the laying out and grading of said 
streets, the removal of buildings between Hancock street 
and Bowdoin street, the reconstruction and extension of 
the state house and the construction of the park betAveen 
Bowdoin street and the state house, may, within three 
years after the passage of this act, and not afterward, 
file in the office of the clerk of the superior court for the 
county of Suffolk, his petition for a jury to determine 
such damage, and a jury of said court shall thereupon 
determine the question, under the rules of law, so far as 
they are applicable, under which damages for the lay- 
ing out of highways under the Revised Laws are deter- 
mined. If the jury find that the petitioner is damaged 
more than he is benefited by said improvement they shall 
determine the amount of the difference, and the Common- 
wealth shall pay the same; and if the jury shall not so 
find, judgment shall be entered for the Commonwealth, 
costs taxed and execution issued therefor against the peti- 
tioner as in civil cases. The city of Boston shall repay 
to the Commonwealth all damages which the state shall 



152 



Acts, 1905. — Chaps. 225, 226. 



be required to pay for the change of grade of Bowdoin 
street made under authority of the governor and council, 
and for all expenses incurred in making such change. 

Approved March 27, 1905. 



The town of 
Leominster 
niny borrow 
)nouey to com- 
plete "its high 
school build- 
insr. 



Chap.225 -^^ -^CT TO authorize the towx of leomixster to bor- 
row MONEY TO COMPLETE ITS HIGH SCHOOL BUILDIXG. 

Be it enacted, etc., as follows: 

Section 1. The town of Leominster, for the purpose 
of completing its new high school building and of furnish- 
ing the same, and of laying out the grounds connected 
therewith, may incur indebtedness to an amount not ex- 
ceeding one hundred thousand dollars, and to secure the 
same may issue its bonds, notes or scrip, payable within 
twenty years from the date thereof, and bearing interest, 
payable semi-annually, at a rate not exceeding four per 
cent per annum. 

Section 2. The indebtedness incurred under this act 
shall not be reckoned in determining the statutory limit 
of indebtedness of the said town. 

Section 3. The provisions of chapter twenty-seven of 
the Revised Laws shall apply to the issue of such bonds, 
notes or scrip, and to the establishment of a sinking fund 
for the payment thereof at maturity ; but instead of estab- 
lishing a sinking fund the town may at the time of au- 
thorizing the said loan provide for the jDayment thereof 
in such annual proportionate payments as will extinguish 
the same at maturity. Approved March 27, 1905. 



Not to be 
reckoned In 
determining 
debt limit. 

R. L. 27 to 
apply. 



May provide 
for "annual 

f)ayments on 
oan. 



Chap.22Q An Act to authorize the town of peabody to issue 

additional water bonds. 



Pea body 
Water Bonds, 

1905. 



Be it enacted, etc., as follows: 

Section 1. The town of Peabody, for the purposes 
mentioned in section three of chapter one hundred and 
seventy-one of the acts of the year eighteen hundred and 
eighty-one, and for the purpose of improving the dis- 
tribution system, may issue bonds, notes or scrip to be 
denominated on the face thereof, Peabody Water Bonds, 
1905, to an amount not exceeding one hundred and twenty 
thousand dollars in addition to the amount heretofore au- 
thorized by law to be issued by said town for the same 
purposes. Such bonds, notes or scrip shall be issued ujDon 



Acts, 1905. — Chap. 227. 153 



the same terms and conditions and with the same powers 
as are provided in said chapter one hmidred and seventy- 
one for the issue of Peahody water bonds by said town. 

Section 2. This act shall take effect on its accept- ^^^f *°**^® 
ance by the town of Peabody. 

Approved March 21, 1905. 

Ax Act to authorize the town of webster to lay a (Jhav.2i27 

PART OF ITS MAIN DRAINS FOR SEWERAGE THROUGH THE 
TOWN OF DUDLEY. 

Be it enacted, etc., as follows: 

Section 1. The town of Webster is hereby author- The town of 
ized, through its board of sewer commissioners, to lay taket-ert^n^ 
out, construct and maintain a part of its main drains in lu°Du(Uey.' 
its system of sewerage, within the limits of the town of 
Dudley, and may, by said board, take by purchase or 
otherwise any lands, water rights, rights of way or ease- 
ments in the town of Dudley deemed by said board nec- 
essary for carrying out the system of sewerage of said 
Webster and for making connections therewith. 

Section 2. l^o sewers or other works shall be con- sewers, etc., 
striicted under the authority of this act until the same i,y the^'etatr^ 
have been approved by the state board of health, after a heaith^etc. 
hearing by said board, of which hearing such notice shall 
be given by the board as it may deem proper ; and the 
board, after such hearing, may reject the system sub- 
mitted, may approve it, or may modify or amend the 
same and approve it as so modified and amended. 

Section 3. The town of Webster, for the purposes construction 

-,,1. . ,, • 1 'i'-x of sewers, etc. 

of this act, may construct, repair and maintain its sewers, 
pipes and conduits under any railroad, railway or other 
way, in such a manner as not unnecessarily to obstruct 
the same, and may enter upon and dig up any private 
land or way, and may do any other thing necessary or 
proper in carrying out the purposes of this act. 

Section 4. The town of Webster and the said board yfskms o/iaw 
of sewer commissioners, in exercising the powers con- tocappiy. 
ferred by this act, shall in all respects be governed by 
the obligations and restrictions specified in chapter three 
hundred and forty-five of the acts of the year eighteen 
hundred and ninety-eight, entitled " An Act to authorize 
the town of Webster to construct and maintain a system 
of sewerage and sewage disposal." 

Approved March 2S, 1905. 



154 Acts, 1905. — Chaps. 228, 229. 



Chap.228 Ax Act relative to the exforcemext of stockholders' 

LIABILITIES IX TRUST COMPAXIES. 

Be it enacted, etc., as follows: 

amended ^ ^*'' Sectiox 1. Section thirty of chapter one hundred and 
sixteen of the Revised Laws is hereby amended by adding 
at the end thereof the words : — and receivers of insolvent 
trust companies may, with the approval of the supreme 
judicial court, enforce such liability, — so as to read as 
^^ckholders foUows : — Section 30. The stockholders of such cor- 
in trust poration shall be personally liable, equally and ratably 

companies. ^ ^ /-"n ii i"" 

and not one lor another, lor all contracts, debts and en- 
gagements of the corporation, to the amount of their stock 
therein at the par value thereof, in addition to the amount 
invested in such shares. The provisions of sections sixty 
to sixty-eight, inclusive, of chapter one hundred and ten 
shall apply to and regulate the enforcement of such 
liability, and receivers of insolvent trust companies may, 
with the approval of the supreme judicial court, enforce 
such liability. 

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

Approved March 28, 1905. 



Chap.229 



Ax Act relative to the publicatiox of certaix probate 

NOTICES. 



Be it enacted, etc., as foUoivs: 

R. L.162, §47, Section forty-seven of chapter one hundred and sixty- 
two of the Revised Laws is hereby amended by inserting 
after the word " published ", in the third line, the words : 
— preference to be given to a newspaper, if there be any, 
published in the city or town in which the deceased per- 
son last dwelt, unless, in the judgment of the register of 
probate, the interests of all parties require publication in 
Publication of somc Other locality, — so as to read as follows : — Sec- 
noucel^^^^*'^ tion Jf7. Parties to probate proceedings may select the 
newspapers in which the notices which may be ordered 
upon their petitions shall be published, preference to be 
given to a newspaper, if there be any, published in the 
city or town in which the deceased person last dwelt, un- 
less, in the judgment of the register of probate, the in- 
terests of all parties require publication in some other 
locality ; but the court may order the notice to be published 
in one other newspaper. Approved March 28, 190-5. 



Acts, 1905. — Chaps. 230, 231. 155 

Ax Act to authorize the city of evekett to incur in- (jj^n^^ oqq 

DEBTEDXESS FOR SEWERAGE PURPOSES. ^ ' 

Be it enacted, etc., as follows: 

Sectiox 1. The city of Everett, for the purpose of ^^^^^^ttsewer 
completing and extending its system of sewerage and of 
sewage disposal, and for the purchase of land necessary 
therefor, may incur indebtedness beyond the limit fixed 
by law to an amo'unt not exceeding twenty-five thousand 
dollars, and may issue bonds, notes or scrip therefor. 
Such bonds, notes or scrip shall be payable w^ithin such 
period, not exceeding thirty years from the date thereof, 
as the city council shall determine. They shall be de- 
nominated on the face thereof, Everett Sewer Loan, and 
shall be signed by the mayor and treasurer of said city. 
Except as otherwise provided herein the provisions of ^".Jj;, fjj! ^^'' 
chapter twenty-seven of the Revised Laws and of all acts 
in amendment thereof and in addition thereto shall, so 
far as they may be applicable, apply to the indebtedness 
hereby authorized and to the securities issued therefor. 

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

Approved March 28, 1905. 

Ax Act to provide that certaix employees of jails axd (JJkij) 231 

HOUSES OF CORRECTIOX" SHALL BE ALLOWED TAVO DAYS OFF 
IX EVERY MOXTH. 

Be it enacted, etc., as follows: 

Sectiox 1. Every employee of a house of correction Certain em- 
or county jail wdiose duties require his presence at such jaUsf etc", to 
house of correction or county jail seven days a week shall uvo days off 
be given at least two days of vacation in each month, JJJo^thT 
which shall be in addition to any annual vacation now 
or hereafter allowed to said employees, and shall be with- 
out loss of pay. 

Section^ 2. This act shall take effect on the first day when to take 
of July in the year nineteen hundred and five. 

Approved March 28, 1905. 



156 



Acts, 1905. — Chaps. 232, 233. 



Chap.'2i^'2i Ax Act to authorize the city trust co^ipaxy to ix- 

CREASE ITS CAPITAL STOCK. 

Be it enacted, etc., as follows: 

Sectiox 1. The City Trust Company, incorporated by 
chapter eighty-three of the acts of the year nineteen hun- 
dred, is hereby authorized to increase its capital stock from 
time to time, to an amount not exceeding three million 
dollars, in such manner and upon sucS terms and condi- 
tions as the stockholders of said corporation may deter- 
mine : provided, that no certificate of shares shall be issued 
until the par value of such shares shall have been paid 
in in cash; and provided, further, that the stockholders of 
said corporation shall individually be responsible, equally 
and ratably, and not one for the other, for all contracts, 
debts and engagements of said corporation, to the extent 
of the amount of their stock therein at the par value 
thereof, in addition to the amount invested in such shares. 

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

Approved Marcli 28, 190J. 



The City Trust 
Compaiiy may 
infreaseits 
capital stock. 



Provisos. 



Ckap.2S3 Ax Act relative to the axxual certificate of coxdi- 

TIOX OF foreigx corporatioxs. 

Be it enacted, etc., as follows: 

Section 1. Section sixty-six 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 thirteenth line, and inserting in place 
thereof the word : — ninety, — so as to read as follows : 
— Section 66. Every foreign corporation of the classes 
described in section fifty-eight shall annually, within 
thirty days after the date fixed for its annual meeting- 
last preceding the date of such certificate, or within thirty 
days after the final adjournment of said meeting, Ijut not 
more than three months after the date so fixed for said 
meeting, prepare and file in the ofiice of the secretary of 
the Commonwealth, upon payment of the fee hereinafter 
provided, a certificate signed and sworn to by its presi- 
dent, treasurer and by a majority of its board of directors 
showing the amount of its authorized capital stock, and 
its assets and liabilities as of a date not more than ninety 
days prior to said annual meeting, in such form as is 
required of domestic corporations under the provisions 



1903, 437, § 66, 
amended. 



Certain foreign 
corporations 
to file certifi- 
cate of condi- 
tion in office 
of secretary of 
tlie Common- 
•wealth 
annually. 



Acts, 1905. — Chap. 234 157 

of section fortj-five, and the change or changes, if any, 
in the other particulars included in the certificate re- 
quired by section sixty made since the filing of said cer- 
tificate or of the last annual report. 

SectiOjN" 2. This act shall take effect upon its passage. 

Approved March 28, 1905. 

Ax Act to ixcokporate the coxtractors mutual lia- (JJiq^ 93^ 

BILITT IXSURAXCE COMPAX'Y. 

Be it enacted, etc., as follows: 

Sectiox 1. Angus MacDonald, Allan Mcintosh, H. ^orsMmuaf" 
Xewton Marshall, John H. Fitzgerald, John T. Scullv, LiabUity 

1 -IT * ^ r /^ "^ Insurance 

Benjamin J. Graham, J. Fred Carr, William A. McCon- company 
nell, George F. Sleep, Edward F. Mayberger, Byron B. 
Moulton, Leander K. Marston, Ottomar Wallburg, Her- 
bert P. Cummings, Arthur W. Joslin and Xorman F. 
Hesseltiue, their associates and successors, are hereby 
made a corporation by the name of The Contractors Mu- 
tual Liability Insurance Company, to be located in the 
city of Boston; for the purpose and with the power and 
authority of insuring any person, firm or corporation, 
against loss or damage on account of the bodily injury 
or death by accident of any person for which loss or 
damage such person, firm or corporation is responsible. 

Sectiox- 2. Said company shall charge and collect collect u^pon^us 
upon its policies a full mutual premium in cash or notes policies a fuU 

miltUtli "DTG- 

absolutely payable, and may in its by-laws and policies mium, etc. 
fix the contingent mutual liability of its members for the 
papnent of losses and expenses not provided for by its 
cash funds: provided, that such contingent liability of a Proviso, 
member shall not be less than a sum equal to and in addi- 
tion to the cash premium written in his policy. The total 
amount of the liability of the policy holder shall be plainly 
and legibly stated upon the back of each policy. 

Section 3. jSTo policy shall be issued by said company wiien policies 
until insurance therein shall have been subscribed and 
entered upon its books, the aggregate amount of the cash 
premiums from which shall be not less than fifty thousand 
dollars. 

Section^ 4. Said company shall, except as otherwise certain pro- 
provided herein, be organized under and subject to the to apply, 
provisions of the general law concerning mutual fire in- 
surance companies ; and shall have and may exercise all 
the powers, rights and privileges, and shall l)e subject to 



158 



Acts, 1905. — Chaps. 235, 236. 



Corporations 
employing 
labor iiiay 
effect insur- 
ance in com- 
pany, etc. 



all the duties, liabilities and restrictions set forth in all 
general laws now or hereafter in force relating to mutual 
fire insurance companies, and companies transacting the 
business of liability insurance. 

Section 5. Corporations employing labor may effect 
insurance in said company and assume the liabilities in- 
cident thereto. 

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

Approved March 30, 1905. 



Chap.235 An Act to provide for the assistance of women charged 

WITH CRIME WHOSE CASES ARE DISPOSED OF WITHOUT 
SENTENCE. 

Be it enacted, etc., as foUoics: 

Section one hundred and thirty-seven of chapter two 
hundred and twenty-five of the Revised Laws is hereby 
amended by inserting after the word " Prisoners ", in the 
tenth line, the words : — or to any charitable institution 
of a similar nature, — so as to read as follows : — Sec- 
tion 137. The commissioners may also employ, at an 
annual salary of one thousand dollars, payable by the 
Commonwealth, a woman as their agent in rendering 
assistance to female prisoners discharged from the prisons 
in this Commonwealth. She shall counsel and advise 
them, assist them in obtaining employment and, under 
the direction of the commissioners, may render them pe- 
cuniary aid. The commissioners may expend not more 
than three thousand dollars annually for the assistance 
of discharged female prisoners and may pay therefrom 
to the Temporary Asylum for Discharged Female Prison- 
ers, or to any charitable institution of a similar nature, 
such amount as they shall determine for the support of 
women charged with crime whose cases are disposed of 
without sentence. Approved March 30, 1905. 



K. L. 225, > 
amended. 



Affent for 
aiding dis- 
charged 
female prison- 
ers, employ- 
ment, etc. 



Cha2J.236 An Act to regulate the penalty for adulteration of 

ARTICLES OF FOOD AND FOR THE FALSE STAMPING OR LABEL- 
LING OF RECEPTACLES CONTAINING SUCH ARTICLES. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-four of chapter seventy- 



R. L. 75, § 24, 
amended. 



five of the Revised Laws is hereby amended by striking 



etc. 



Acts, 1905. — Chap. 237. 159 

out the words ^' one hundred nor more than five hundred 
dollars ", in the fifth and sixth lines, and inserting in 
place thereof the words : — twenty-five nor more than one 
hundred dollars, — so as to read as follows : — Section 2J}. |!f,ggi^*-^gf°,^, 
Whoever falsely stamps or labels any cans, jars or other ing, etc., cane, 
packages containing fruit or food of any kind, or know- fruVtorfood, 
ingly permits such stamping or labelling, or, except as 
hereinafter provided, violates any of the provisions of 
sections sixteen to twenty-seven, inclusive, shall be pun- 
ished by a fine of not less than twenty-five nor more than 
one hundred dollars ; and whoever sells such goods so 
falsely stamped or labelled shall be punished by a fine of 
not less than ten nor more than one hundred dollars. 
Section 2. This act shall take effect upon its passage. 

Approved March 30, 1905. 



An Act to authorize the town of easthampton to re- 
new CERTAIN NOTES OR TO GIVE NEW NOTES THEREFOR. 



Cha2}.237 



Be it enacted, etc., as follows: 

Section 1. The to"uai of Easthampton is hereby au- The town of 

,1-n, iij; • 1 j_ T Easthampton 

thorized to renew or extend, lor a period not exceeding may renew 
one year, two notes given by the town and falling due on et"'*''^ "*''^*^^' 
the seventh day of September in the year nineteen hun- 
dred and five, one being for one thousand dollars and the 
other for twenty-two hundred dollars, or to execute and 
sell new notes for the same amounts and payable in 
periods not exceeding one year. 

Section 2. The said town is also authorized to renew same subject, 
or extend two notes given by the toA\Ti, one being for 
sixty-three hundred dollars and falling due on the seventh 
day of September in the year nineteen hundred and five, 
and the other being for twenty-five hundred dollars and 
falling due on the first day of November in the year nine- 
teen hundred and five, or to give new notes in place thereof. 
The said renewed or extended notes or new notes shall be 
for such amounts and in such form that one half of the 
total amount of the said two notes shall be paid in the 
year nineteen hundred and eight and the other half in 
the year nineteen hundred and ten. 

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

Approved March 30, 1905. 



160 



Acts, 1905. 



Chaps. 238, 239, 240. 



Chaj^.^SS An Act moke effectually to prevent the existence of 

SWEAT SHOPS. 

Be it enacted, etc., as follows: 

Section fifty-six of chapter one hundred and six of the 
Revised Laws is herebv amended by adding at the end 
of said section the words : — Every person, firm or cor- 
poration hiring, employing or contracting with a member 
of a familv holding a license under this section for the 
making, altering, repairing or finishing of garments or 
w^earing apparel to be done outside the premises of such 
person, firm or corporation, shall keep a register of the 
names and addresses plainly written in English of the 
persons so hired, employed or contracted with, and shall 
forward a copy of such register once a month to the chief 
of the district police. Approved March 30, 1905. 



R. L. 106, § 56, 
amended. ' 



Regulations 
forplaces for 
making 
garments, etc. 



CJiap.239 An Act to authorize the town of marblehead to lay 

OUT CLIFF street OVER AND ACROSS THE TIDE WATERS OF 
marblehead HARBOR. 



Be it enacted, etc., as follows: 



Section 1. Subject to the provisions of chapter ninety- 



tide waters. 



The town of 
Marblehead 

?,^v£ ^'?^' "l"^ six" of the lievised Laws the selectmen of the tow^n of 

Cliff street 

across certain Marblehead are hereby authorized to lay out Cliff street 
over and across the tide waters of Marblehead harbor in 
said town, according to a plan draw^n by Guy,W. Ricker, 
civil engineer, and filed with the clerk of said towm on 
the twenty-fifth day of January in the year nineteen hun- 
dred and four. 

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

Approved March SO, 1905. 



Chap.24:0 An Act relative to the removal of prisoners to the 

TEMPORARY INDUSTRIAL CAMP FOR PRISONERS. 

Be it enacted, etc., as follows: 

Section 1. Section ninety -six of chapter two hundred 

and tw^enty-five of the Revised Laws is hereby amended 

by inserting after the word " from ", in the first line, the 

words : — the Massachusetts reformatory, the state farm, 

Removal of and the, — so as to read as follows : — Section 96. They 

te"?pOTary° may removc prisoners from the Massachusetts reforma- 



R. L. •225, § 96, 
amended. 



Acts, 1905. — Chaps. 241, 242. 161 

tory, the state farm, and the jails and houses of correction industrial 
to the temporary industrial camp for prisoners and may, ^*™^' 
at any time, return them to the place of imprisonment 
from which they were removed. 

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

Approved March 30, 1905. 

An Act to provide a penalty for the injury of prop- Chaj)'^^^ 

ERTY AT PRISONS. 

Be it enacted, etc., as follows: 

Chapter two hundred and eight of the Revised Laws R- l. 208, § 120, 
is hereby amended by striking out section one hundred 
and twenty and inserting in place thereof the following: 
— Section 120. If a prisoner at the Massachusetts re- Penalty for 
formatory, the reformatory prison for women, the state p'ropertyat 
farm, the temporary industrial camp for prisoners, or any p"^°°^- 
jail or house of correction, wilfully and maliciously in- 
jures or destroys any public property or any materials 
furnished for the employment of prisoners in any of said 
institutions, he may be punished by imprisonment for not 
less than six months nor more than three years. 

Approved March 30, 1905. 

An Act relative to the appointment of attorneys by Chap.242 

FOREIGN corporations. 

Be it enacted, etc., as follows: 

Section 1. Section fifty-eight of chapter four hun- istos, 437, §58, 
dred and thirty-seven of the acts of the year nineteen ^^'^^ ^ 
hundred and three is hereby amended by striking out 
the words " upon payment of the fee hereinafter pro- 
vided ", in the eighteenth and nineteenth lines, so as to 
read as follows : — Section 58. Every such foreign cor- Commissioner 
poration which has a usual place of business in this Com- tions'to''bc 
monwealth, or which is engaged in this Commonwealth, attorney by 
permanently or temporarily, and with or without a usual corp^o'ratkmsf" 
place of business therein, in the construction, erection, 
alteration or repair of a building, bridge, railroad, rail- 
way or structure of any kind, shall, before doing business 
in this Commonwealth, in writing appoint the commis- 
sioner of corporations and his successor in office to be its 
true and lawful attorney upon whom all lawful processes 
in any action or proceeding against it may be served, and 



1G2 



Acts, 1905. — Chap. 243. 



Service of 
process. 



in sucli writing shall agree that any lawful process against 
it which is served on said attorney shall be of the same 
legal force and validity as if served on it, and that the 
authority shall continue in force so long as any liability 
remains outstanding against it in this Commonwealth. 
The power of attorney and a copy of the vote authorizing 
its execution, duly certified and authenticated, shall be 
filed in the office of the commissioner, and copies certified 
by him shall be sufficient evidence thereof. Service of 
such process shall be made by leaving a copy of the proc- 
ess and a fee of two dollars in the hands or in the office 
of the commissioner, and such service shall be sufficient 
service upon the corporation. 

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

Approved March 30, 1905. 

Chap.243 An Act relative to removals and suspensions from 

OFFICE AND EMPLOYMENT IN THE CLASSIFIED CIVIL SER- 
VICE. 

Be it enacted, etc., as follows: 
11104, 314, §2, Section 1. Section two of chapter three hundred and 

amended. /.i ci • 

fourteen of the acts of the, year nineteen hundred and 
four is hereby amended by adding at the end thereof the 
words: — provided, lioicever, that nothing contained in 
this act shall be construed to prevent temporary suspen- 
sion for a period not exceeding thirty days, made without 
compliance with the provisions of this act and pending 
further action under this act, — so as to read as follows : 
^venVtrpCT- — Section 2. The person sought to be removed, sus- 
be'removcd**' peudcd, lowered or transferred shall be notified of the 
etc. ' proposed action and shall be furnished with a copy of 

the reasons required to be given by section one, and shall, 
if he so requests in writing, be given a public hearing, 
and be allowed to answer the charges preferred against 
him either personally or by 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 
Proviso. record: provided, lioivcver, that nothing contained in this 

act shall be construed to prevent temporary suspension 
for a period not exceeding thirty days, made without 
compliance with the provisions of this act and pending 
further action under this act. 

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

Approved March 30. 1005. 



Acts, 1905. — Chaps. 244, 245. 163 



An Act relative to the employment of prisoners. Chap.24:4: 
Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and twenty-five of ^jj^^^U^- § ^o, 
the Revised Laws is hereby amended by striking out sec- 
tion twenty-nine and inserting in place thereof the follow- 
ing : — Section 29. Prisoners in the state prison, the Prisoners not 
Massachusetts reformatory, the reformatory prison for workfor^*^*^ 
women, the state farm, the temporary industrial camp for sons^etc.'^'^' 
prisoners, or in any jail or house of correction, may be 
employed in the custody of an officer in caring for public 
lands and buildings, but no prisoner shall be employed 
outside the precincts of the place of his imprisonment in 
doing work of any kind for private persons. 

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

Approved March 30, 1905. 



Chax>M5 



An Act relative to the protection of deer from dogs. 

Be it enacted, etc., as follows: 

Chapter ninety-two of the Revised Laws, as amended t'- l. 92, § is, 
l)y section one of chapter one hundred and fifty-four of 
the acts of the year nineteen hundred and two, is hereby 
further amended by striking out section eighteen and 
inserting in place thereof the following: — Section i 5. Hunting, etc., 

. .of deer bv 

The owner or keeper of a dog found chasing or hunting do^.s pro- 
deer at any time may be punished by a fine of not more 
than twenty dollars. Any of the commissioners on fish- 
eries and game, or their deputies, or any member of the 
district police, or any officer qualified to serve criminal 
process, may kill a dog found chasing or hunting deer at 
any time if the dog is used for such purpose with the 
knowledge and consent of such owner or keeper, and the 
owner or keeper of such dog shall be punished by a fine 
of fifty dollars. If a dog has twice been found chasing 
or hunting deer, and if the owner or keeper of the dog 
has so been notified on each occasion by the commissioners 
on fisheries and game, it shall be a presumption of law, 
if the same dog is thereafter found chasing or hunting 
deer, that such chasing or hunting was with the knowl- 
edge and consent of the said owner or keeper, unless the 
contrary is shown by evidence. 

Approved March 30, 1905. 



164 



Acts, 1905. — Chap. 216. 



ChapJ'l^Q ^N Act to incorporate the Massachusetts police mu- 
tual AID association. 



The Massa- 
chusetts Police 
Mutual Aid 
Association 
incoryorated. 



Proviso. 



Membership. 



Grants, 
bequests, etc. 



Be it enacted, etc., as follows: 

Section 1. Daniel P. Sweeney, James M. Keaney, 
Patrick Herbert, Patrick H. Doherty, Charles M. Wright, 
James Cash, Christopher H. Chase, John J. Sullivan and 
Edward F. Flanagan, their associates and successors, are 
hereby made a corporation under the name of The Massa- 
chusetts Police Mutual Aid Association, for the purpose 
of promoting friendly intercourse and relations among 
its members, and of assisting members thereof when sick 
or disabled, or out of employment, and for the purpose 
of assisting the families of deceased members. Said cor- 
poration shall have all the powers and privileges and be 
subject to all the duties and liabilities set forth in all 
general laws now or hereafter in force relating to such 
corporations: provided, that it shall not be subject to the 
provisions of chapters one hundred and eighteen, one hun- 
dred and nineteen and one hundred and twenty of the 
Revised Laws, and shall not be summoned as trustee in 
any action or process against any person or persons who 
may hereafter be entitled to assistance from said corpora- 
tion under the by-laws thereof, or under the provisions 
of this act. 

Section 2. Persons who are members of the police 
department of some city or town in the Commonwealth, 
excluding the city of Boston, and such persons only, shall 
be eligible to membership in the corporation hereby cre- 
ated. 

Section 3. Said corporation, for the purposes afore- 
said, shall have power to receive and hold grants, gifts, 
devises and bequests, and shall administer the same in 
accordance with the terms thereof, and may hold real and 
personal estate to an amount not exceeding fifty thousand 
dollars. 

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

Approved March 30, 1905. 



Acts, 1905. — Chaps. 247, 248. 165 



Aisr Act to establish the salaries of the fire inspectors Cha7).24:7 
OF the district police. 

Be it enacted, etc., as follows: 

Section 1. The salaries of the fire inspectors of the salaries of 
detective department of the district police shall be fifteen of distncr^'^ 
hundred dollars a year, to be so allowed from the first e8ta?^i8ited. 
day of January in the year nineteen hundred and five. 

Section 2. So much of section one of chapter four Repeal, 
hundred and thirty-three of the acts of the year nineteen 
hundred and four as is inconsistent herewith is hereby 
repealed. 

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

Approved March 30, 1905. 

An Act to incorporate the amesbury park association. QJiq^j 248 
Be it enacted, etc., as follows: 

Section 1. Horace G. Leslie, John A. Douglass, The Amesbury 
William W. Hawkes, Augustus ]S[. Parry, Warren E. tiouincorpo" 
Fuller, Lambert Hollander, James N. Leitch, Eichard "''^'-^' '''''■ 
E. Briggs, John Currier, Harlan A. Sawyer, George E. 
Hodge and James Huiiie, their associates and successors, 
are hereby made a corporation by the name of The Ames- 
bury Park Association, for the purpose of procuring and 
maintaining a suitable park and recreation ground within 
the limits of the town of Amesbury, for the free use of 
the inhabitants thereof; and said corporation may adopt 
such by-laws and elect such ofiicers as may be necessary ; 
but no such by-law shall be valid until it has been ap- 
proved by the commissioner of corporations ; and the offi- 
cers shall serve without compensation. 

Section 2. Said corporation may acquire and hold '^yo'^g^^gtc 
real estate and other property in said town for the pur- 
poses specified in section one of this act, to an amount 
not exceeding twenty-five thousand dollars, and may pro- 
vide for capital stock to that amount in shares the par 
value of which shall be one dollar. The real estate and 
personal property of the corporation shall be exempt from 
taxation so long as they are used for the purposes specified 
in section one of this act. 

Section 3. Said corporation is hereby authorized to Gifts, 
take and hold any gift, devise or bequest of property for '^'"•"''^^s- '^t'"- 



166 



Acts, 1905. — Chap. 249. 



Property to be 
conveyed to 
town under 
certain condi- 
tions. 



the purpose of acquiring or maintainiug a park, and may 
use the principal or income of such gift, devise or bequest 
in accordance with the terms thereof, and for the pur- 
poses for which said corporation is formed. 

Section 4. Said corporation shall, upon the adoption 
by the town of Amesbury of the general laws of this Com- 
monwealth relating to public parks, convey the real estate 
and personal property so held by it to the said town with- 
out the payment of any consideration by the town. 

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

Approved March 30, 1905. 



Chap.24:9 An Act relative to the eegistration of certain ease- 
ments BY THE LAND COURT. 

Be it enacted, etc., as follows: 

eta^amended Section 1. Scctiou One of chapter one hundred and 
twenty-eight of the Revised Laws, as amended by section 
ten of chapter four hundred and forty-eight of the acts of 
" the year nineteen hundred and four, is hereby further 
amended by inserting after the word " land ", in the third 
line, the words : — and easements or rights in land held 
and possessed in fee simple, — so that the first sentence 
Landcoiirtto of Said section will read as follows: — Section 1. The 
record, etc. land coui't shall be a court of record and shall have ex- 
clusive original jurisdiction of all applications for the 
registration of title to land and easements or rights in 
land held and possessed in fee simple within the Com- 
monwealth, with power to hear and determine all ques- 
tions arising upon such applications, and of such other 
questions as may come before it under the provisions of 
this chapter, subject to the right of appeal, as hereinafter 
provided. 

Section 2. Section eighteen of chapter one hundred 
and twenty-eight of the Revised Laws is hereby amended 
by inserting after the word " estate ", in the fourth line, 
the Avords : — or easements or rights in land held and pos- 
sessed, — also by inserting after the word " estate ", in 
the sixth line, the words : — or easements or rights in land 
held and possessed, — so that the first three paragraphs 
of said section will read as follows: — Section 18. Ap- 
plication for registration of title may be made by the 
following persons : — 



R. L. 128, § 18, 
amended. 



Application 
for registra- 
tion. 



Acts, 1905. — Chap. 250. 167 

First, The person or persons who claim, singly or col- 
lectively, to own the legal estate or easements or rights 
in land held and possessed in fee simple. 

Second, The person or persons who claim, singly or col- 
lectively, to have the power of appointing or disposing of 
the legal estate or easements or rights in land held and 
possessed in fee simple. 

Section 3, The basis for determining the fees pay- Fees, 
able in the registration of snch easements or rights shall, 
instead of the assessed valuation, be the value of the same 
as found by the land court, and instead of the fee for ex- 
amination of title chargeable under the provisions of sec- 
tion one hundred and nine of chapter one hundred and 
twenty-eight of the Revised Laws such fee shall be the 
actual amount allowed by the court to the examiner there- 
for. 

Section 4. The provisions of chapter one hundred yfs^onsof Taw 
and eiffhty-two of the Revised Laws, as amended by chap- to apply to 

f T T -I -11' • 1 • 1 CI easements or 

ter four hundred and lorty-eight ol the acts of the year "giits in umii. 
nineteen hundred and four, shall apply to easements or 
rights in land held and possessed in fee simple. 

Section 5, The provisions of said chapter one hun- certain pro- 
dred and twenty-eight of the Revised Laws relative to the to'appiyto" 
registration and conveyance of registered land shall apply Juurcouvey- 
to registration and conveyance of such easements or rights. 

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

Approved March 31, 1905. 



auce. 



OAff^.250 



An Act relative to investments by savings banks. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-six, clause m^, of chapter r. l. ii3, § -26, 
one hundred and thirteen of the Revised Laws is hereby amended, 
amended by striking out the word '^ and ", in the one 
hundred and thirty-second line, and by inserting after the 
word " Company ", in the one hundred and thirty-third 
line, the words : — of the Boston and Albany Railroad 
Company, of the iSTorwich and Worcester Railroad Com- 
pany and of the Providence and Worcester Railroad Com- 
pany, — so that the clause will read as follows : — m. In investmentsby 
the note or notes of a citizen of this Commonwealth with ' °* 
a pledge as collateral of shares of the capital stock of the 
Boston and Lowell Railroad Corporation, of the Boston 



168 



Acts, 1905. — Chap. 251. 



investmentsby and Provicleiice Railroad Company, of the Connecticut 
Bav ngs an s. j^-^.^^. j^^ilroad Company, of the Old Colony Railroad 
Comj^any, of the Boston and Albany Railroad Company, 
of the Norwich and Worcester Railroad Company and of 
the Providence and Worcester Railroad Company, not- 
withstanding the road of each of said companies may be 
leased to another railroad company ; but such note or notes 
shall not in any case exceed seventy-five per cent of the 
market value of the securities pledged and shall be pay- 
able on demand and be paid or renewed within one year 
from the date thereof. 

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

Approved March 31, 1905. 



L. 75, § 49, 



R 

amended 



Cha2).251 An Act relative to certain diseases of the eyes of 

INFANTS. 

Be it enacted, etc., as follows: 

Section 1. Section forty-nine of chapter seventy-five 
of the Revised Laws is hereby amended by inserting after 
the word " contagion ", in the ninth line, the words : — 
Should one or both eyes of an infant become inflamed, 
swollen and red, and show an unnatural discharge at any 
time within two weeks after its birth, it shall be the duty 
of the nurse, relative or other attendant having charge 
of such infant to report in writing within six hours there- 
after, to the board of health of the city or town in which 
the parents of the infant reside, the fact that such inflam- 
mation, swelling and redness of the eyes and unnatural dis- 
charge exist. On receii:)t of such report, or of notice of the 
same symptoms given by a physician as provided by the 
following section, the board of health shall take such im- 
mediate action as it may deem necessary in order that 
blindness may be j^revented, — so as to read as follows : — 
Section Jf.9. A householder who knows that a person in 
his family or house is sick of smallpox, diphtheria, scarlet 
fever or any other infectious or contagious disease danger- 
ous to the public health shall forthwith give notice thereof 
to the board of health of the city or town in which he 
dwells. Upon the death, recovery or removal of such 
person, the householder shall disinfect to the satisfaction 
of the board such rooms of his house and articles therein 
in the opinion of the board, have been exposed to in- 



Tlouseholder 
to give notice 
of dangerous 
diseases. 



as 



fection or contagion. Should one or both eves of 



an 



Acts, 1905. — Chap. 252. 169 

infant become inflamed, swollen and red, and show an Diseases of 
unnatural discharge at any time within two weeks after inLntrto be 
its birth, it shall be the duty of the nurse, relative or other reported, etc. 
attendant having charge of such infant to report in writ- 
ing within six hours thereafter, to the board of health of 
the city or town in which the parents of the infant reside, 
the fact that such inflammation, swelling and redness 
of the eyes and unnatural discharge exist. On recei])t of 
such report, or of notice of the same symptoms given by 
a physician as provided by the following section, the 
board of health shall take such immediate action as it 
may deem necessary in order that blindness may be pre- 
vented. Whoever violates the provisions of this section Penalty, 
shall be punished by a fine of not more than one hundred 
dollars. 

Section 2. Section fifty of chapter seventy-five of ^^^enjf;,^ ^' 
the Revised Laws is hereby amended by inserting after 
the word " health ", in the third line, the words : — or 
if one or both eyes of an infant whom or whose mother 
he is called to visit become inflamed, swollen and red, 
and show an unnatural discharge within two weeks after 
the birth of such infant, — so as to read as follows : — 
Section 50. If a physician knows that a person whom he physicians to 
is called to visit is infected with smallpox, diphtheria, iaTigerous^ ""^ 
scarlet fever or any other disease dangerous to the public diseases, etc. 
health, or if one or both eyes of an infant whom or whose 
mother he is called to visit become inflamed, swollen and 
red, and show an unnatural discharge within two weeks 
after the birth of such infant, he shall immediately give 
notice thereof in writing over his own signature to the 
selectmen or board of health of the town ; and if he re- penalty, 
fuses or neglects to give such notice, he shall forfeit not 
less than fifty nor more than two hundred dollars for 
each offence. Approved March 31, 1905. 

An Act to authorize the sale of the new England p].fj^ on9 

RAILROAD TO THE NEW YORK, NEW HAVEN AND HART- i • ' -i 

FORD RAILROAD COMPANY. 

Be it enacted, etc., as follows: 

Section 1. The New England Railroad Company The New 
may sell its franchise and property to the New York, roafi'conl^any 
New Haven and Hartford Railroad Company, and that l-ra^,j.^^'/gj^etp 
company may purchase said franchise and property upon Yorif n*"'^^ 



170 Acts, 1905. — Chap. 252. 

Haven and sucli tei'ms and conditions as may be agreed to by tbe di- 
ro'adCompanV, I'ectors of Said Corporations, respectively, and approved by 
^^^- the board of railroad commissioners and by the vote of 

two thirds in interest of the shareholders of said corpora- 
tions ; and nj^on sncli purchase the purchaser shall become 
subject to and held to pay all the debts and to perform all 
the duties and obligations of the seller. 
Btockhokifrs Section 2. Evcry stockholder of the selling corpora- 

decfiaratiou, ^ion shall bc deemed to assent to the purchase authorized 
^^^- by this act, unless, within sixty days from the date of the 

meeting of the selling corporation at which said sale shall 
be ajDproved, he shall file with the clerk of the seller a 
writing declaring his dissent therefrom and stating the 
number of shares held by him and the number or num- 
bers of the certificate or certificates evidencing the same: 
Proviso. provided, however, that, as against any stockholder legally 

incapacitated from acting for himself and having no legal 
guardian, said period of sixty days shall not begin to run 
until the removal of such incapacity by the aj)pointment 
Value of shares of a legal guardian or otherwise. The shares of any 

of dissGiitiii''' • 

stockholders, Stockholder dissenting as above specified shall be acquired 
mined%Tc. by the scllcr and shall be valued, and the value thereof 
be paid or tendered or deposited to or for account of 
such stockholder in the manner following : — Within sixty 
days from the filing of any stockholder's dissent, as above 
provided, the seller shall file its petition with the supreme 
judicial court sitting within and for the county of Suffolk, 
setting forth the material facts and praying that the value 
of such dissenting stockholder's shares may be determined. 
Thereupon, after such notice to all parties concerned as 
it may deem proper, said court shall pass an order requir- 
ing such dissenting stockholder's certificate of stock to be 
deposited with the clerk of said court, and shall ai')point 
three commissioners to ascertain and report the value of 
such dissenting stockholder's shares. Such report shall 
be made to the court as soon as practicable, and, after 
due notice to the parties in interest, shall be accepted 
by the court, unless before such acceptance either of the 
parties to said proceeding shall claim a trial by jury, in 
which case the court shall order the value of said shares 
to be tried and determined by a jury in the same manner 
as other civil cases are tried in said court. The said com- 
missioners' report, or such verdict when accepted by the 
court, shall be final and conclusive as to the value of such 



Acts, 1905. — Chap. 253. 171 

dissenting stockholder's shares, and the amount so ascer- 
tained as such value shall at once be paid or tendered to 
such stockholder; or, if such payment or tender be im- 
practicable, the money shall be paid into court. Upon 
such j)ayment or tender or deposit the shares of such 
dissenting stockholder and the certificate or certificates 
thereof shall become the property of the seller, whose 
right and title thereto may be enforced by the court by- 
any appropriate order or process. Exceptions may be Exceptions, 
taken to any ruling or order of said court, to be heard court, etc. 
and determined by the full court as in other civil cases. 
Said court may make all such orders for the enforcement 
of the rights of any party to the proceedings, for the con- 
solidation of two or more petitions and their reference to 
the same commissioners, for the consolidation of claims 
for a trial by jury and the trial of two or more cases by 
the same jury, for the deposit of money in court, and for 
the payment of interest upon the value of the stockholder's 
shares, as determined, and the payment of costs by one 
party to the other, as justice and the speedy settlement 
of the matters in controversy may require. 

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

Approved March 31, 1905. 



An Act to provide for the completion of the sea wall (JJku) 253 

AT stony beach IN THE TOWN OF HULL. 

Be it enacted, etc., as follows: 

Section 1. The board of harbor and land commis- seawaiiat 
sioners is hereby authorized to expend the sum of fifteen iiuii;\obe ' 
hundred dollars, in addition to the sum already appropri- '^*^™p'*^'*'^- 
ated, for the proper completion of the sea wall at Stony 
beach in the town of Hull, under the provisions of chapter 
four hundred and eighty-three of the acts of the year nine- 
teen hundred and one. 

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

Approved March 31, 1905. 



172 



Acts, 1905. — Chap. 254. 



Chap.254: An Act to dikect the county commissioners of the 

COUNTY OF ESSEX TO CONSTRUCT A NEW DRAWBRIDGE OVER 
THE CANAL ON WESTERN AVENUE IN THE CITY OF GLOUCES- 
TER. 



New draw- 
bridge to be 
constructed 
over the canal 
in Gloucester. 



Payment of 
expense. 



Location 
granted to 
Boston and 
Northern 
Street Railway 
Company, etc. 



Be it enacted, etc., as follows: 

Section 1. Subject to the provisions of chapter ninety- 
six of the Revised Laws and of all amendments thereof, 
and of all other general laws which may be applicable, 
the county commissioners of the county of Essex are hereby 
authorized and directed to construct a new bridge, with 
suitable approaches, over the tide water known as the 
" Canal " in the city of Gloucester, at or near the pres- 
ent location of the '' Cut " bridge, so-called, on Western 
avenue. Said bridge shall be constructed with a draw 
having a passageway for vessels not less than forty feet 
wide, and shall be of such width, grade, material and 
construction as said county commissioners, with the ap- 
proval of the board of harbor and land commissioners, 
shall deem reasonably necessary and proper. 

Section 2. The expense incurred under this act shall 
not exceed the sum of fifty-five thousand dollars, and shall 
be paid in the first instance from the treasury of the 
county of Essex. The Boston and Northern Street Rail- 
way Company shall pay into the treasury of said county 
as their proportion of the expense of said bridge and the 
approaches thereto a sum equal to ten per cent of said 
expense, but not to exceed the sum of fifty-five hundred 
dollars, and, provided that said Boston and N^orthern 
Street Railway Company shall pay into the treasury of 
said county the said amount and shall enter into an agree- 
ment with the county commissioners of said county to 
keep that part of the roadway 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 commissioners shall impose, said 
company shall thereupon have and is hereby granted a 
location upon said bridge for the construction and mainte- 
nance of its tracks, poles and wires, and for the operation 
of its railway thereon, and the location herein granted 
shall not be revoked except by the county commissioners 
of the county of Essex, after public notice and a hearing, 
and no such revocation shall be valid until approved by 



Acts, 1905. — CuAr. 254 173 

the board of railroad commissioners. The amomit of any 
assessment paid by said company nnder this section shall 
be deemed, in all proceedings thereafter, as a part of the 
value of its property for street railway purposes; and the 
company may issue stock or bonds to meet the expenses 
incurred under this act to an amount approved by the 
board of railroad commissioners as reasonably necessary 
to provide for the payment thereof. The county commis- county com- 
sioners of said county are hereby authorized and directed to borrow 
to borrow on the credit of the county such sums of money county,' etc. 
as may from time to time be required for such cost and 
expenses. All moneys so borrowed shall be deposited in 
the county treasury, and the treasurer of the county shall 
pay out the same as ordered by said county commissioners, 
and shall keep a separate and accurate account of all simis 
borrowed and expended, including interest. 

Section 3. Upon the completion of said bridge and ment'of*'" 
approaches said county commissioners shall file in the expense, etc. 
office of the clerk of courts for said county of Essex a 
detailed statement, certified inider their hands, of the 
actual cost of said bridge and approaches, and, within three 
months from the filing of such statement, they shall, after 
such notice as they, may deem proper, and a hearing, ap- 
portion and assess upon the city of Gloucester, and upon 
such towns as in their judgment derive a special benefit 
by said bridge, such part, not exceeding thirty per cent 
of the expense of constructing the bridge and approaches, 
as they may deem just and reasonable, and in such pro- 
portion as they may determine. Said commissioners shall 
file in the office of the clerk of courts of said county a 
report of such apportionment, and said clerk shall transmit 
a true and attested copy thereof to the mayor of the city 
of Gloucester and the selectmen of the towns mentioned 
therein ; and said city and each of said towns shall pay 
its proportion of said expense, determined by said com- 
missioners as aforesaid, into the treasury of the county 
of Essex, in such manner and within such time as the 
commissioners of said county may direct; and if the city 
of Gloucester or any town shall neglect or refuse to pay 
its proportion required as aforesaid the said commission- 
ers shall, after notice to said city or any town, issue a 
warrant against said city or town for its proportion, de- 
termined as aforesaid, with interest and the costs of the 
notice and warrant, and the same shall be collected and 



174 Acts, 1905. — Chap. 255. 

paid into the treasury of said county, to be applied in pay- 
canai Bridge ment of the expense aforesaid. For the foregoing pur- 
1905. ' "" poses the city of Gloucester is hereby authorized to issue 

from time to time bonds, to be denominated. Canal Bridge 
Loan, Act of 1905, bearing interest payable semi-annually 
at a rate not exceeding four per cent per annum, and 
pa^'able within such periods not exceeding fifteen years 
from their dates of issue as the city council shall from 
recioned time to time determine. Except as otherAvise provided 

d"ebutait"etlf l^sreiu such bonds shall be issued in accordance with the 
provisions of chapter twenty-seven of the Revised Laws 
and acts in amendment thereof and in addition thereto, 
but they shall not be reckoned in determining the legal 
limit of indebtedness of the said city, 
cost'of main- Section 4. The cost of the maintenance and opera- 

tenance, etc. tiou of Said bridge and approaches, after the completion 
of the same, except as hereinbefore provided, shall be 
borne and paid by said county, or by the city of Gloucester 
and such towns therein, as the county commissioners of 
said county may determine, after notice and hearing as 
herein provided. 
S^nsmu-tkmto Section 5. The contract for the construction of said 
loweerbiddcr* ^^^i^lge shall be awarded to the lowest bidder, who shall 
etc. furnish a bond in a penal sum not less than forty per 

cent of the amount of his bid, for the faithful completion 
of his contract at the amount of his bid. Said board of 
county commissioners shall publicly advertise for sealed 
bids, and they shall furnish to all parties making applica- 
tion therefor complete plans and specifications, without 
discrimination, and all bids shall be publicly opened after 
due notice to all parties in interest, and public advertise- 
ment thereof. 

Section 6. This act shall take efi^ect upon its passage. 

Approved April J^, 1905. 

Cha2).255 Ax Act to incorporate the town of plainville. 
Be it enacted, etc., as follows: 

pi*aTnv?ne Sectton 1. All the territory now within the town of 

incorporated. Wrentham which lies south of the following described 
line, to wit ; — A straight line drawn from a stone monu- 
ment in the boundary line between the town of Wrentham 
and the town of Cumberland in the state of Rhode Island, 
which monument is at the intersection of the lines forming 



Acts, 1905. — Chap. 255. 175 

the northeast corner of the state of Rhode Island to a 
point where the southerly line of Thurston street in the 
town of Wrentham intersects the boundary line between 
the town of Wrentham and the town of Foxborough, is 
hereby incorporated as a separate town by the name of 
Plainville, and the said town of Plainville is hereby vested 
with all the powers, privileges, rights and immunities, 
and shall be subject to all the duties and obligations con- 
ferred or imposed on towns by the constitution and laws 
of the Commonwealth. 

Section 2. The inhabitants of and the estates within Payment of 
the town of Plainville and the owners of all such estates, ' ' 
shall be holden to pay all arrears of taxes which have 
legally been assessed upon them by the town of Wrentham, 
and all the taxes heretofore assessed and not collected shall 
be collected and paid to the treasurer of the town of Wren- 
tham, and all moneys now in the treasury of the town of 
Wrentham, or that may hereafter be received from taxes 
now assessed, shall be applied to the purposes for which 
they were raised and assessed, in the same manner as if this 
act had not been passed ; and until the next state valua- 
tion the town of Plainville shall annually, in the month 
of November, pay to the town of W^rentham its proportion 
of such state and county taxes as may be assessed upon the 
town of Wrentham, said proportion to be ascertained and 
determined by the last valuation of the town of Wren- 
tham; and the assessors of the town of Wrentham shall 
make return of said vahiation and the proportions thereof 
in the towns of Wrentham and Plainville, respectively, 
to the secretary of the Commonwealth and to the county 
commissioners of the county of ISTorfolk. 

Section 3. The toAvns of Wrentham and Plainville Relief and 
shall be liable, respectively, for the support of all persons paupers" 
now or hereafter standing in need of relief as paupers, 
whose settlement was gained, either by original acquisi- 
tion or by derivation, within their respective limits, and 
the town of Plainville shall pay annually to the town of 
Wrentham such proportion of all costs for the support or 
relief of those persons who now do or shall hereafter stand 
in need of relief or support as paupers, whose settlement, 
by original acquisition or by derivation, was gained by 
reason of military service as a part of the quota of the 
town of Wrentham, or who cannot be located on the site 
whence their settlement was derived or whereon it was 



176 



Acts, 1905. — Chap. 255. 



Suits and pro- 
ceedings at 
law, etc. 



Division of 
corporate 
property, etc. 



acquired, as the valuation of the town of Plainville shall 
bear to that of the town of Wrentham according to the 
last state valuation made prior to the giving of such relief 
or sujjport. 

Section 4. All suits and proceedings at law or in 
equity, where the cause of action in favour of or against 
the town of Wrentham arose before the passage of this 
act, shall be instituted and prosecuted or defended by the 
town of Wrentham with the same effect as if this act had 
not been passed, and the amount recovered in any such 
suit or proceeding by or against the town of Wrentham 
shall be received or paid, as the case may be, by the town 
of Wrentham, and, including costs, expenses and counsel 
fees, shall be divided between the towns of Wrentham and 
Plainville in proportion to the last valuation made prior 
to the passage of this act. 

Section 5. The corporate property of the town of 
Wrentham, both real and personal, in existence at the time 
of the passage of this act, and the town debts then exist- 
ing, shall be divided between the towns of Wrentham and 
Plainville, according to the valuation of the property 
within their respective limits as assessed the first day of 
May in the year nineteen hundred and four. The towns 
shall severally retain and hold all the real and personal 
property now within their respective limits, at a valua- 
tion to be agreed upon by a committee consisting of six 
legal voters, three to be chosen by each town at a legal 
meeting to be called for the purpose ; and the diiferences 
in valuation shall be equalized and balances adjusted by 
apportionment of the town debt. In case of a failure to 
agree uj^on a valuation and division of the assets and 
liabilities the same shall be determined by a board of 
three commissioners, none of whom shall be a resident of 
either of said towns, to be appointed by the superior court 
for the county of Norfolk, in term time or vacation, ujjoii 
the petition of either town after notice to the other, whose 
award when accepted by the court shall be final, and the 
said court may issue any writ or make any order thereon 
necessary to carry their award into effect. The award 
may be set aside for fraud or manifest error, but for no 
other cause, and the matters to be determined as afore- 
said may be recommitted to the same or other commis- 
sioners to be appointed for the purpose, with like powers 
and duties as aforesaid. 



Acts, 1905. — Chap. 255. 177 

Section 6. The i3ublic library building situated on Pubiic library 
the northeasterly side of East street, between the cemetery ,Jo" to'il' ^ "' 
and the lot on which Trinity church stands, in Wrenthani a°vleion*oT 
Centre, and the library fund held by the trustees of the Property, etc. 
public library, and the proceeds thereof, shall not be in- 
cluded in the division of property provided for in section, 
five of this act, but said properties shall continue to be 
held by the town of Wrentham and the trustees, respec- 
tively, for the purposes and to the uses for which they 
were originally intended ; and the provisions of this sec- 
tion shall not be taken by implication to include in section 
five any properties which otherwise would not so be in- 
cluded. 

Section 1. The town of Plainville, until it is other- To continue in 
wise provided by law, shall continue to be a part of the ciaTand''eiec. 
judicial district of the district court of western Norfolk, to™i districts, 
of the twelfth congressional district, of the second coun- 
cillor district, of the second Norfolk senatorial district 
and of the tenth representative district of Norfolk county, 
and the inhabitants of said town shall vote for member 
of congress, councillor, senator and representatives in said 
districts, respectively, in the town of Plainville. The 
selectmen and clerk of the town of Plainville in each of 
said cases shall make returns as if said town had existed 
at the time of the formation of said district. The town superintenri. 
of Plainville shall continue as a part of the union of the ^^ 
towns of Wrentham and Norton for the support of a 
superintendent of schools. 

Section 8. Any justice of the peace residing in the First meeting 
county of Norfolk may issue his warrant directed to any om(ferr/*'°° 
inhabitant of said town of Plainville, requiring him to 
notify and warn the inhabitants thereof, qualified to vote 
in town affairs, to meet at the time and place therein ap- 
pointed, for the purpose of choosing all such officers as 
towns are by law authorized or required to choose at their 
annual meeting ; and said warrant shall be served by post- 
ing copies thereof, attested by the person to whom the 
same is directed, in three or more public places in the 
town of Plainville, seven days at least before the time of 
the meeting. The said justice, or in his absence the in- 
habitant required to notify the meeting, shall preside 
until the choice of a moderator of said meeting. The i.ist of voters 
registrars of voters of the town of Wrentham shall before etc.^'' ^^*^^'^^*^ ' 
said meeting prepare a list of voters in the town of Plain- 



178 



Acts, 1905.— Chap. 256. 



Town ofticcrs 
of Wrcntliain, 
lillinjr of 
vacancies. 



Certain powers 
and privilefrcs 
to be exercised 
l)y town of 
riainville, etc. 



All rights heretofore secured to existing 



Town of Plain- 
ville to bear 
expense of 
surveys, et(i. 

Bounties and 
state aid. 



villa qualified to vote at the meeting, and shall deliver the 
same to the person presiding at the meeting before the 
choice of a moderator thereof. 

Section 9. The selectmen of the town of Wrentham 
shall within thirty davs call a special to"\Mi meeting for 
the purpose of choosing town officers to fill vacancies 
caused bv the passage of this act. 

Section 10 
corporations upon the territory hereby incorporated shall 
continue as though this act had not been passed. The 
powers and privileges reserved to the town of Wrentham 
and the selectmen thereof in any orders or decrees here- 
tofore made by the selectmen of Wrentham relative to 
the construction, maintenance and operation of a street 
railway by the Milford, Attleborough and Woonsocket 
Street Railway Company and the Interstate Consolidated 
Street Railway Company in said town shall hereafter, so 
far as relates to the construction, maintenance and opera- 
tion of said street railways in the territory hereby incor- 
porated as the town of Plainville, enure to and be exercised 
by the town of Plainville and the selectmen thereof, re- 
spectively, as fully as if said orders or decrees had origi- 
nally been made by the selectmen of said Plainville. 

Section 11. The town of Plainville shall bear the 
expense of making the necessary surveys and establishing 
the lines between it and the town of Wrentham. 

Section 12. The town of Plainville shall receive from 
the town of Wrentham a proportional part of whatever 
amount may hereafter be paid by the Commonwealth or 
by the United States to reimburse the town of Wrentham 
for bounties to soldiers or for state aid heretofore paid to 
soldiers' families after deducting all reasonable expenses. 

Section 13. This act shall take effect upon its passage. 

Approved April Jf, 1905. 



Chap.2oQ An Act relative to the distribution of the estate or 

persons dying intestate. 



U. T.. 140, § 3, 
clause 
"Tliinl," 
amended. 



Be it enacted, etc.,, as follows: 

Clause " Third " of section three of chapter one hun- 
dred and forty of the Revised Laws is hereby amended 
by adding after the word " death ", in the nineteenth line, 
the words : — And such surviving husband or wife shall 
be permitted, subject to the approval of the court, to pur- 



Acts, 1905. — Chap. 256. 179 



chase at any such sale, notwithstanding the fact that ho r. l. uo, §3, 
or she is the administrator of the estate of such deceased "Ti'tni," 
person: provided, however, that instead of such sale or ^^e^'icd. 
mortgage, whenever it shall appear, upon petition to the 
probate court of any party in interest, and after such 
notice as the court shall order, and after hearing thereon, 
that the whole amount of the estate of such deceased hus- 
band or wife, as found by the inventory and upon such 
other evidence as the court shall deem necessary, does 
not exceed the sum of five thousand dollars over and above 
the amount necessary to pay the debts and the charges of 
administration, the court may, by decree, itself assign and 
set out the real estate of said deceased to such surviving 
husband or wife to provide for said deficiency at a value 
to be fixed by said court, without other notice than is 
above provided, which decree shall be binding upon all 
parties. A further sale, mortgage or assignment of any 
other real estate of the deceased may later be made to pro- 
vide for any deficiency still remaining, — so that the first 
paragraph of said clause " Third " will read as follows: — 
Third, If the deceased leaves no issue, the surviving hus- Distribution 
band or widow shall take five thousand dollars and one personTdyjug 
half of the remaining personal property and one half of i'***'^*'''*®- 
the remaining real proj^erty. If the personal property is 
insufficient to pay said five thousand dollars, the deficiency 
shall, upon the petition of any party in interest, be paid 
from the sale or mortgage, in the manner provided for 
the payment of debts or legacies, of any interest of the 
deceased in real property which he could have conveyed 
at the time of his death. And such surviving husband 
or wife shall be permitted, subject to the approval of the 
court, to purchase at any such sale, notwithstanding the 
fact that he or she is the administrator of the estate of 
such deceased person: provided, lioivever, that instead of Proviso, 
such sale or mortgage, whenever it shall appear, upon peti- 
tion to the probate court of any party in interest, and after 
such notice as the court shall order, and after hearing 
thereon, that the whole amount of the estate of such de- 
ceased husband or wife, as found by the inventory and 
upon such other evidence as the court shall deem neces- 
sary, does not exceed the sum of five thousand dollars over 
and above the amount necessary to pay the debts and 
the charges of administration, the court may, by decree, 
itself assign and set out the real estate of said deceased to 



180 



Acts, 1905. — Chap. 257. 



such surviving husband or wife to provide for said de- 
ficiency at a value to be fixed by said court, without other 
notice than is above provided, which decree shall be bind- 
ing upon all parties. A further sale, mortgage or assign- 
ment of any other real estate of the deceased may later 
be made to provide for any deficiency still remaining. 

Approved April 5, 1905. 



Town of 
Athol may 
hold, etc., cer- 
tain waters, 
take lands, 
etc. 



ChapJ2i51 An Act to authorize the town of athol to supply it- 
self AND ITS INHABITANTS WITH WATER. 

Be it enacted, etc., as follows: 

Section 1. The town of Athol, for the purpose of 
supplying itself and its inhabitants with water for the 
extinguishment of fires and for domestic and other pur- 
poses, may hold and convey through said town by means 
of existing or' other pipes or mains all or any part of the 
waters of Buckman brook and its tributaries in said town 
and of Phillipston reservoir, and all or any part of the 
waters tributary thereto and flowing therefrom, partly in 
said town and partly in Phillipston, and all or any part of 
other waters which became the property of said toAvn by 
reason of its vote of December seventeen, nineteen hun- 
dred and four, to purchase all the property, rights and 
privileges of the Athol Water Company, and may also 
from time to time take, by purchase or otherwise, and 
hold in fee all lands, rights of way and easements neces- 
sary for holding, storing, purifying and preserving such 
water, for conveying the same to any part of said town, 
and for extending the present system of w^ter supply; 
and may take, by purchase or otherwise, the whole or any 
part of the waters of any pond, brook, spring, well or 
stream within the limits of said town, and all waters 
connected therewith, and may obtain water by means of 
bored, driven, artesian or other wells on any land within 
the limits of said town: provided, that no source of water 
supply other than the waters of Buckman brook and the 
tributaries thereto and the Phillipston reservoir and the 
waters tributary thereto and the waters flowing therefrom 
shall be taken under this act for domestic purposes with- 
out the advice and consent of the state board of health, 
and that no lands, except those lands which became the 
property of said town by reason of its said vote of the 
seventeenth day of December in the year nineteen hun- 



Proviso. 



Acts, 1905. — Chap. 257. 181 

dred and four, shall be pnrcliased or taken for the pro- 
tection of the purity of said waters without the approval 
of the said board, after a hearing. 

Section 2. The town may erect on any lands pur- jsray erect 
chased, taken or held as aforesaid, proper dams, reservoirs, pipes,"etc!' '^'^ 
buildings, fixtures or other structures, may establish foun- 
tains and hydrants, and may make excavations, procure 
and operate machinery, and provide such other means and 
appliances as may be necessary for the establishment and 
maintenance of complete and effective water works ; and for 
the purposes aforesaid may construct and lay conduits, 
pipes and other works, under, through or over any lands, 
water courses, railroads, railways, and public or private 
ways, and along any such ways in such manner as not un- 
necessarily to obstruct the same ; and for the purpose of 
constructing, maintaining and repairing such conduits, 
pipes or other works, and for all other proper purposes of 
this act, said town may dig up any such lands, or dig under 
any such water courses, railroads or railways, and may 
enter upon and dig up any such ways in such manner as to 
cause the least hindrance to public travel; but said to%vn 
shall not enter upon the location of any railroad corpora- 
tion, or construct or lay any conduits, pipes or other works 
therein, except at such time and in such manner as it may 
agree upon with such corporation, or, in case of failure so 
to agree, as may be approved by the board of railroad com- 
missioners. The title to all lands taken or purchased un- Title to lands 
der the provisions of this -act shall vest in said to^^^l, and town, etc. 
the lands so taken may be managed, improved and con- 
trolled by the board of water commissioners hereinafter 
provided for, in such manner as it shall deem for the 
best interests of the town. 

Section 3. Said town shall, within ninety days after Description of 
the taking of any lands, rights of way, water, water be recorded, 
sources, water rights or easements as aforesaid, otherwise 
than by purchase or agreement, file and cause to be re- 
corded in the registry of deeds for the Worcester district 
of the county of Worcester a description thereof suffi- 
ciently accurate for identification, with a statement, signed 
by the water commissioners hereinafter provided for, of 
the purpose for which the same were taken. 

Section 4. Said town shall pay all damages to prop- Damapes. 
erty sustained by any person or corporation by the taking 
of any lands, rights of way, water, water sources, water 



182 



Acts, 1905. — Chap. 257. 



Town of 
Athol Water 
Loan. 



Proviso. 



Payment of 
loan. 



rights or easements, or by any other thing done by the 
town under authority of this act. Any person or cor- 
j)oration sustaining damages as aforesaid and failing to 
agree with said town as to the amount thereof, may have 
the same assessed and determined in the manner provided 
by law when land is taken for the laying out of highways, 
on making application at any time within the period of 
two years after the taking of such land or property or the 
doing of other injury under authority of this act; but no 
such apiDlication shall be made after the expiration of 
said two years. 

Section 5. Said town, for the purpose of paying the 
purchase price of the property, rights and privileges of 
said Athol Water Company, together with all expenses 
incident to such purchase, may incur indebtedness out- 
side of the debt limit fixed by law, and may issue therefor 
bonds, notes or scrip to an amount sufficient for such pur- 
poses ; and for any necessary expenditures in connection 
with the improvement, development and extension of the 
works, for all damages and for necessary expenses and 
liabilities incurred under the provisions of this act, said 
town may issue bonds, notes or scrip to an amount not 
exceeding fifty thousand dollars beyond the amount neces- 
sary for the purchase of the property of the Athol Water 
Company, as above provided. Such bonds, notes or scrip 
shall bear on their face the words. Town of Athol Water 
Loan, shall be payable at the expiration of periods not 
exceeding thirty years from the dates of issue, shall bear 
interest, payable semi-annually, at a rate not exceeding 
four per cent per annum, shall be payable as to both 
principal and interest in gold coin of the United States 
of the present standard of weight and fineness, and shall 
be signed by the treasurer and countersigned by a ma- 
jority of the selectmen of the said town. Said town by 
its selectmen and treasurer may sell such securities for 
the purposes of this act, upon such terms and conditions 
as they shall deem proper: provided^ that such securities 
shall not be sold for less than the par value thereof. 

Section 6. Said town shall at the time of authorizing 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not less than three 
years after the first issue of such bonds, notes or scrip, 
as will extinguish the same within the time prescribed by 
this act; and when a vote to that effect has been passed, 



Acts, 1905. — Chap. 257. 183 

a sum which with the income derived from water rates 
will be sufficient to pay the annual expense of operating- 
its water works and the interest as it accrues on the bonds, 
notes and scrip issued as aforesaid by said town, and to 
make such payments on the principal as may be required 
under the provisions of this act shall, without further vote, 
be assessed by the assessors of said town in each year 
thereafter, until the debt incurred by said loan is ex- 
tinguished, in the same manner in which other taxes are 
assessed under the provisions of section thirty-seven of 
chapter twelve of the Revised Laws. 

Section 7. Whenever the town votes to issue bonds, Town may 
notes or scrip in accordance with the provisions of this poiary loau. 
act, the officers authorized to negotiate the same may in 
the name of the town make a temporary loan for a period 
of not more than one year, in anticipation of the money 
to be derived from the sale of such bonds, notes or scrip; 
but the time within which such securities shall become 
due shall not, by reason of such temporary loan, be ex- 
tended beyond the time fixed in the vote authorizing the 
issue of such bonds, notes or scrip. 

Section 8. The occupant of any tenement shall be Liability for 
liable for the payment of rates for the use of water ^^ter'rates. 
therein, and in case of non-payment by the occupant the 
owner shall also be liable for all sums so due, to be col- 
lected in an action of contract brought in the name of the 
town of Athol. 

Section 9. Said town shall, after the passage of this water com- 
act, at a legal meeting called for the purpose, elect by "lectlunr^' 
ballot three persons to hold office from the time of such t^^r'"^, etc. 
election, one until the expiration of three years, one until 
the expiration- of two years and one until the expiration 
of one year from the next succeeding annual town meet- 
ing, to constitute a board of water commissioners ; and 
at each annual meeting thereafter one such commissioner 
shall be elected by ballot for the term of three years. All 
the authority granted to the town by this act and not 
otherwise provided for shall be vested in said board of 
water commissioners, and a majority of them shall con- 
stitute a quorum for the transaction of business. 

Section 10. Instead of electing Avater commissioners Town may 
as provided for in the preceding section, the town at the board of "^ 
meeting called for the purpose of electing said commis- n^Vss/oncrs 
sioners, or at an annual meeting, or at a meeting held ft.sV.'oanro/"'* 



184 



Acts, 1905. — Chap. 257. 



water com- 
missioners, 
etc. 



Commission- 
ers to lix riites 
for tlie use of 
water, etc. 



Commission- 
ers to render 
an ;ii(ipunt of 
their ilointcs. 

Penalty for 
corruption of 
water, etc. 



thirty days at least before an annual meeting, may by 
a majority vote of those present and voting constitute its 
board of sewer commissioners its board of water commis- 
sioners. The vote shall be by ballot in answer to the 
question, " Shall the board of sewer commissioners con- 
stitute the board of water commissioners ? " If the said 
vote shall be taken at the special meeting called for the 
purpose of electing water commissioners, and shall be in 
the affirmative, no separate board of water commissioners 
shall be elected, and the board of sewer commissioners 
shall thereupon by said vote be constituted the town's 
board of water commissioners, with all the rights and 
powers conferred by and subject to all the provisions con- 
tained in this act and relating to such board. If the said 
vote be taken at any subsequent meeting, as above pro- 
vided, the said sewer commissioners shall become water 
commissioners, with the rights and powers and subject to 
the provisions aforesaid, at the date of the annual meeting 
next succeeding. The town may at any annual meeting, 
or at a meeting held at least thirty days before the annual 
meeting at which such change is to become operative, re- 
voke such vote and elect a board of water commissioners 
to hold office as provided for in this act, from the next 
succeeding annual town meeting. 

Section 11. Said commissioners shall fix just and 
equitable prices and rates for the use of water, and shall 
prescribe the time and manner of payment. The income 
of the water works shall be applied to defraying all op- 
erating expenses, interest charges and ]3ayments on prin- 
cipal as they accrue upon any bonds, notes or scrip issued 
under the authority of this act. If there should be a 
net surplus remaining after providing for the aforesaid 
charges, it shall be used for such new construction as 
the water commissioners may determine upon, and in case 
a surplus should remain after payment for such new con- 
struction the water rates shall be reduced proportionately. 
No money shall be expended in new construction by the 
water commissioners except from the net surplus afore- 
said, unless the town appropriates and provides money 
therefor. Said commissioners shall annually, and as 
often as the town may require, render an account of their 
doings. 

Section 12. If any person shall use any water be- 
longing to the town witliout the consent of the town, or 



Acts, 1905. — Chaps. 258, 259. 185 

shall wantonly or maliciously divert such water, or cor- 
rupt the same, or render it impure, or destroy or injure 
any dam, aqueduct, pipe, hydrant, machinery or other 
works or property held, owned or used by the town under 
the authority of this act or of any existing statute, he 
shall forfeit and pay to the town three times the amount 
of damages assessed therefor, to be recovered in an action 
of tort; and on conviction of any of the wanton or mali- 
cious acts aforesaid may be punished by a fine not exceed- 
ing three hundred dollars or by imprisonment in jail for 
a term not exceeding one year. 

Section 13. This act shall take effect upon its passage. 

Approved April 5, 1905. 



Chap.258 



An Act to prohibit the conveying of drugs and other 
articles to prisoners. 

Be it enacted, etc., as follows: 

Whoever gives or delivers to a prisoner in the state Penalty for 
farm, in the temporary industrial camp for prisoners, or fo^prSo^ners '^^ 
in any jail or house of correction, any drug or article or niission.'"^'^ 
thing whatever, or has in his possession within the pre- 
cincts of any prison herein named with intent to give or 
to deliver to any prisoner any such drug or article or 
thing without the permission of the superintendent, master 
or keeper, as the case may be, shall be punished by a fine 
of not more than fifty dollars or by imprisonment in a 
jail or house of correction for not more than two months. 

Approved April 5, 1905. 



An Act relative to petitions for damages for land over- Cjjfnj) 959 

FLOWED OR INJURED BY WATER CONFINED BY DAMS. 

Be it enacted, etc., as follows: 

Section 1. Section four of chapter one hundred and R-l. loe, §4, 

/•i-r.'iT -11 ITT ameiuleil. 

nmety-six 01 the Kevised Laws is hereby amended by add- 
ing at the end of said section the words: — If the land 
overflowed or injured is outside the Commonwealth such 
petition shall be filed in the superior court for the county 
in which the dam or any part thereof is maintained, — 
so as to read as follows : — Section Jf. The owner or petitions for 
occupant of land wliich has been overflowed or otherwise i]rmr,fv^r'^"^ 
injured by such dam may obtain compensation therefor "ijuveln'y 



186 



Acts, 1905. — Chaps. 260, 261. 



bydams"^"^*^ ^f' witliin three years after such injury, he files a peti- 
tion in the sni:)erior court for the county in which the 
land or any part thereof lies describing the land alleged 
to have been overflowed or injured and stating the damage 
sustained so that the record will show with sufficient 
certainty the matter heard and determined. If the land 
overflowed or injured is outside the Commonwealth such 
petition shall be filed in the superior court for the county 
in which the dam or any part thereof is maintained. 
Section 2. This act shall take effect upon its passage. 

Approved April 5, 1905. 



Cli(ipJ2iQ0 An Act relative to county associations of teachers. 
Be it enacted, etc., as follows: 



R. L. 40, § 4, 
etc., amended. 



Payments to 
county associa- 
tions of 
teachers. 



Repeal. 



Section 1. Section four of chapter forty of the Re- 
vised Laws, as amended by section one of clia23ter three 
hundred and eighty-three of the acts of the year nineteen 
hundred and four, is hereby further amended by strik- 
ing but the word " governor ", in the fourth line, and 
inserting in place thereof the words : — board of educa- 
tion, — so as to read as follows: — Section Jf. If a county 
association of teachers and others holds an annual meeting 
of not less than one day for the express purpose of pro- 
moting the interests of public schools, it shall, upon filing 
with the board of education a certificate, under oath, of 
its president and secretary that a meeting has been so 
held, receive fifty dollars from the Commonwealth. 

Section 2. Section five of chapter forty of the Re- 
vised Laws is hereby repealed. 

Approved April 5, 1905. 



Chap.261 An Act to authorize the town of charlton to appro- 
priate MONEY FOR AN OLD HOME WEEK OR DAY. 

Be it enacted, etc., as follows: 

Section 1. The town of Charlton, at any legal town 



Town of 
Charlton may 
api'roi)riate 
money for old 
home week. 



meeting, may appropriate money for the observance of an 
old home week or day, to take place during any week or 
upon any day of the year. 

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

Approved April 5, 1905. 



Acts, 1905. — Chap. 262. 187 



An Act to authorize the new England railroad com- (JJku) 262 

PANY to extend ITS ROAD FROM THE TOWN OF NEEDHAM 
TO THE WEST ROXBURY DISTRICT OF THE CITY OF BOSTON, 

Be it enacted, etc., as follows: 

Section 1. The 'New England Railroad Company, its The New 
successors or assigns, is hereby authorized to locate, con- loaficom^'^''' 
struct and maintain an extension of its railroad from a exten(Ut8 
l^oint near its present station in the town of I^eedham to railroad, etc. 
a point near the West Roxbury station on the railroad 
of the Boston and Providence Railroad Corporation in 
the city of Boston, extending over and taking for that 
purpose any lands heretofore appropriated to any other 
public use, and specifically any lands held by the city 
of Newton or the town of Brookline for the purposes of 
water supply so far as, in the judgment of the board of 
railroad commissioners, may be necessary and as will not, 
in the judgment of said board, substantially impair the 
water supply of said city or toAvn, and upon such route 
and in such manner as the said board may, after a public 
hearing, fix and prescribe. In fixing the route of the Route and 
railroad under this act the board of railroad commission- <=onstiuctiou. 
ers shall treat the matter as a new question, and, within 
ninety days after the date of the passage of this act, fix 
the route where in its judgment, after a full hearing of 
all parties interested, all public and private interests re- 
quire the route to be fixed, and shall prescribe such 
method of constructing the said railroad as will in its 
judgment in all respects best protect all interests involved. 

Section 2. When the board of railroad commission- Regulations to 
ers permits said railroad to be opened for public use preveut^on- 
under the provisions of section one hundred and sixty- elrtaurwatc*/ 
two of chapter one hundred and eleven of the Revised supplies. 
Laws, it shall make such regulations as to the operation 
of said railroad as it may deem reasonable to prevent con- 
tamination of the water supplies of N^ewton and Brook- 
line, above mentioned, and may from time to time modify 
the requirements of said board in this respect, and said 
board shall confer with the state board of health as to all 
matters provided for in this section before a final decision 
thereupon. 

Section 3. The New England Railroad Company, its Damages, 
successors or assigns, shall pay all damages caused by 



188 



Acts, 1905. — Chaps. 263, 264. 



Proviso. 



Damages. laying oiit, making and maintaining said railroad, or by 
taking land or materials therefor, wliicli damages shall 
be secured and recovered in the manner provided by the 
general law for the recovery of damages caused by the 
laying out, making and maintaining of railroads : p7'o- 
vided, lioiuever, that the city of jSTewton or the town of 
Brookline may, at any time within six years after the 
railroad is completed and open for public use, maintain 
a petition to recover damages caused either to said city 
or to said town, and that any petition Avhicli may be 
brought by the railroad company locating upon or over 
land held by said city or town for water supply to estimate 
the damages caused by laying out, making and maintain- 
ing said railroad shall, at the option of said city or town, 
be continued for trial until the expiration of said six years, 
so that the effect upon the water supply of said city or 
town may fully be ascertained before the trial of such 
petition. 

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

Approved April 5, 1905. 

Chap.2G^ An Act to relieve the supreme judicial court of origi- 
nal JURISDICTION IN CERTAIN ACTIONS OF CONTRACT AND 

replevin. 



R. L. mc, § .5, 
amendeil. 



JnriBcliction 
of supreme 



Be it enacted, etc., as follows: 

Section 1. Section five of chapter one hundred and 
fifty-six of the Revised Laws is hereby amended by strik- 
ing out the first two sentences of said section and the 
word " also ", in the eleventh line of said section, — so 
as to read as follows : — Section 5. The court may on 

j"udYciaTcourt. petition hear and determine all matters and questions aris- 
ing under wills. 

(^e("iin% not" Section 2. This act sliall not affect any pending pro- 

aftecteU. CCcding. 

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

Approved April 5, 1905. 

Chap.264: ^^ ^^^T to authorize THE CITY OF EVERETT TO INCUR IN- 
DEBTEDNESS FOR SCHOOL PURPOSES. 

Be it enacted, etc., as follows: 

Everett School Section 1. The city of Evcrett, for the purpose of 
Act of 1905." ' acquiring lands and erecting and furnishing buildings for 



Acts, 1905. — Chap. 2G5. 189 

school purposes, is hereby authorized to issue from time 
to time negotiable notes or bonds to an amount not exceed- 
ing one hundred and fifty thousand dollars, denominated 
on the face thereof, Everett School Building Loan, Act 
of 1905, and bearing interest at a rate not exceeding four 
per cent per annum, payable semi-annually. 

Section 2. Such notes or bonds shall be payable in Payment of 
such periods, not exceeding twenty years from the date ' ' 
of issue, as the city council shall determine at the time 
of their issue; and, except as otherwise provided herein, 
they shall be issued in accordance with the provisions of 
chapter twenty-seven of the Revised Laws and of acts in 
amendment thereof and in addition thereto. Such notes Not to be 
or bonds shall not be reckoned in determining the statu- determining 
tory limit of indebtedness of the city. ^ ^ '""''■ 

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

Approved April 5, 1905. 



An Act relative to the taking of quahaugs in the QJiap.2G5 

TOWNS OF ORLEANS AND EASTIJAM. 

Be it enacted, etc., as follows: 

Section 1. Section six of chapter two hundred and ajJIg'^^g^^ *"• 
sixty-nine of the acts of the year nineteen hundred and 
four is hereby amended by adding at the end of said sec- 
tion the words : — and nothing herein contained shall be 
construed to affect the rights of the inhabitants of Orleans 
and Eastham under section five of chapter sixty-four of 
the acts of the year seventeen hundred and ninety-six, 
approved March third, seventeen hundred and ninety- 
seven, — so as to read as follows : — Section 6. So much no^^ge/tjcj]'^'' 
of section eighty-five of chapter ninety-one of the Revised etc. 
Laws as is inconsistent herewith shall not apply to the 
said towms ; and nothing herein contained shall be con- 
strued to affect the rights of the inhabitants of Orleans 
and Eastham under section five of chapter sixty-four of 
the acts of the year seventeen hundred and ninety-six, 
approved March third, seventeen hundred and ninety- 
seven. 

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

Approved April 5, 1905. 



190 



Acts, 1905. — Cilvps. 266, 267. 



Cha2).266 An Act to provide that an action for damages for in- 
jury TO property may be brought by one or more 
joint tenants or tenants in common. 

Be it enacted, etc., as follows: 

Section 1. Joint tenants or tenants in common may 
join in any action to recover damages for injury to real 
or personal property, or any one or more of them may 
sue for his or their damages. 

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

Approved April 5, 1905. 



Tenants may 
sue for dani- 
atres to 
property. 



Cliap.2^ An Act relative to the employment and school at- 
tendance OF MINORS. 



Be it enacted, etc., as follows: 



R. L. 106, § 28, 
amended. 



Section 1. Section twenty-eight of chapter one hun- 
dred and six of the Revised Laws is hereby amended by 
inserting after the word " years ", in the first line, the 
words : — and no child who is over fourteen and under 
sixteen years of age who does not have a certificate as re- 
quired by the following four sections certifying to the 
child's ability to read at sight and to write legibly simple 
sentences in the English language, — by striking out the 
word " such ", in the third line, — by inserting after the 
word " child ", in the third line, the words : — under 
the age of fourteen years, — and by striking out the word 
" nor ", in the sixth line, and inserting in place thereof 
the word : — or, — so as to read as follows : — Section 28. 
attendance of '^q child uudcr the affc of fourteen years and no child 
who IS over fourteen and under sixteen years of age who 
does not have a certificate as required by the following 
four sections certifying to the child's ability to read at 
sight and to write legibly simple sentences in the English 
language shall be employed in any factory, workshop or 
mercantile establishment, l^o child under the age of 
fourteen years shall be employed at work performed for 
wages or other compensation, to whomsoever payable, dur- 
ing the hours when the public schools of the city or town 
in which he resides are in session, or be employed at work 
before six o'clock in the morning or after seven o'clock 
in the evening. 



Employment 
and school 



Acts, 1905. — Chap. 268. 191 

Section 2. 'No certificate as provided for by sections Approval of 
twenty-nine to thirty-two inclusive of chapter one hundred *''^^''^'^*'*''^- 
and six of the Revised Laws shall be approved by any 
person for a minor under the age of sixteen years who in- 
telids to be employed in a factory, workshop or mercantile 
establishment, unless such person is satisfied that such 
minor is able to read at sight and to write legibly simple 
sentences in the English language. 

Section" 3. This act shall take effect on the first day whcutotake 
of January in the year nineteen hundred and six. 

Approved April 6, 1905. 

An Act to authorize the union of " the first congke- (J]iav.'2iiSS 

GATIONAL CHURCH OF CHELSEA, MASSACHUSETTS ", AND 
" THE THIRD CONGREGATIONAL CHURCH " OF CHELSEA. 

Be it enacted, etc., as follows: 

Section 1. " The First Congregational Church of ?|;?.d"'^'oVgre. 
Chelsea, Massachusetts ", and " The Third Congrega- gationai 

' ^ CI cliurcliGs of 

tional Church" of Chelsea are hereby authorized, when- cheisea may 
ever the members of said corporations, by a majority vote 
of those present and voting at meetings called for the pur- 
pose, shall so vote, to unite under the terms of this act 
in one corporation to be -called The First Congregational 
Church in Chelsea, and when such votes have been passed 
the said corporations shall thereupon become one corpora- 
tion under the name of The First Congregational Church 
in Chelsea. 

Section 2. Except as hereinafter provided said united ,^;^!L°^l"l*l!,' 

i . i- . Ijowere, etc. 

corporation shall have and enjoy all the franchises, pow- 
ers, privileges, property and rights of every kind now 
belonging to " The First Congregational Church of Chel- 
sea, Massachusetts ", and '^ The Third Congregational 
Church " of Chelsea, and shall assume and be subject to 
all the duties, debts and liabilities of said corporations, 
and shall be subject to all general laws now or hereafter 
in force relating to religious corporations. 

Section 3. All property, whether real or personal, erT*to"b^™^' 
held in trust by said First and Third churches shall be vested in The 
vested in said The First Congregational Church in Chel- gationai 

• Church in 

sea, to be held upon the same, or as nearly as possible upon ciieisea, etc. 
the same, trusts as said trust proi:)erty is now held. In 
case of doubt as to the precise manner in which such trust 



192 Acts, 1905. — Chat. 269. 

property or the income thereof should be applied, the 
matter may be determined by the supreme judicial court 
upon application of any person interested or of the at- 
torney-general ; and, until said court shall otherwise order, 
said trust property and the income thereof shall be applied 
in accordance with the terms of the original trusts or as 
nearly as possible in accordance therewith by said The 
First Congregational Church in Chelsea. 

Memberehip, Section 4. Said united church shall continue under 
the same organization and with the same by-laws, until 
amended as therein provided, as the existing church known 
as " The First Congregational Church of Chelsea, Massa- 
chusetts " ; but upon the union, all persons who are 
members of either of said two existing corporations shall 
become members of said united corporation, with all the 
rights of any members thereof. 

Records, etc. Section 5. The rccords and other books and papers 

of said existing corporations shall be the property of said 
united corporation ; and certified copies of the votes of 
the existing corporations agreeing to the union authorized 
by this act, sworn to by their respective clerks and re- 
corded in the registry of deeds for the county of Suffolk, 
shall be sufficient evidence of the establishment of said 
united corporation. 

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

Approved April 6, 1905. 

Chap.269 Ax Act relative to the abandonment of children by 

parents or others. 

Be it enacted, etc., as follows: 

R. r.. 83 §10, Section ten of chapter eighty-three of the Revised Laws 

amended. . i i i i i m • i i u v • 

IS hereby amended by striking out the word two , in 
the first line, and inserting in place thereof the word : — 
ten, — and by inserting after the word " parent ", in the 
second line, the words : — or being under a legal duty to 

Penalty for care for it, — so as to read as follows: — Section 10. 

of'infants!''"'^ Whoever abandons an infant under ten years of age within 
or without any building, or, being its parent, or being un- 
der a legal duty to care for it, and having made a con- 
tract for its board or maintenance, absconds or fails to 
perform such contract, and who for four weeks after such 
absconding or breach of his contract, if of sufficient physi- 
cal and mental ability, neither visits nor removes such 



Acts, 1905. — Chaps. 270, 271. 193 

infant nor notifies the overseers of the city or town in 
which he resides of his or her inability to support such 
infant shall be punished by imprisonment, if a man, in 
the house of correction, or, if a woman, in the reformatory 
prison for women, for not more than two years; or, if 
the infant dies by reason of such abandonment, for not 
more than five years. Whoever knowingly and with 
wrongful intent aids or abets in abandoning such infant 
shall be punished by a fine of not more than one hun- 
dred dollars or by imprisonment for not more than two 
years. Approved April 6, 1905. 

Aisr Act making an appropriation for certain expenses Qficip,270 

OF THE UNITED STATES STEAMER INCA INCURRED IN THE 
YEAR NINETEEN HUNDRED AND FOUR. 

Be it enacted, etc., as follows: 

Section 1. The sum of seven hundred seven ty-on« Expenses of 
dollars and sixty cents is hereby appropriated, to be paid inoa. 
out of the treasury of the Commonwealth from the or- 
dinary revenue, for certain expenses incurred in the year 
nineteen hundred and four on account of the United States 
steamer Inca. 

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

Approved April 6, 1905. 

An Act to authorize the advancing of certain causes (JJiq^j) 271 
for speedy trial. 

Be it enacted, etc., as follows: 

Section fifty-five of chapter one hundred and seventy- r. l. m, §65, 
three of the Revised Laws is hereby amended by adding ^™<5°*^^'^- 
at the end thereof the words : — If, in an action appealed 
by the defendant from a police, district or municipal court 
or trial justice, the court is satisfied, upon an inspection 
of the declaration, that the plaintiff seeks to recover solely 
for his personal labor, with or without interest, the court 
may, upon motion, advance such action for speedy trial, 
— so as to read as follows: — Section 55. If, in an ac- certain causes 
tion in which the plaintiff seeks merely to recover a debt Advanced for 
or a liquidated demand, with or without interest, the de- speedy trial, 
fendant has appeared, the plaintiff may, within twenty 
days after the expiration of the time allowed to the de- 



194 



Acts, 1905. — Chap. 272. 



advanced for 
speedy trial. 



may'te ^^^^^^ f endant for filing an answer, file an affidavit verifying the 
cause of action and stating that in his belief there is no 
defence thereto, and thereupon the clerk shall issue an 
order requiring the defendant to show cause why judg- 
ment should not be given for the plaintiff. The plaintiff 
shall inuuediately give notice in writing to the defendant 
of such order, and unless the defendant, within seven days 
after such notice, or within such further time as the court 
may allow, consents to a default and to judgment for the 
amount demanded, or unless he discloses, by affidavit or 
in such other manner as the court may order, such facts 
as the court finds entitle him to defend, the court shall 
advance such action for speedy trial; but if, upon a hear- 
ing under such order and notice, the court does not so 
advance the action, it may in its discretion award the 
defendant reasonable costs. The court shall require the 
defendant to disclose specifically and clearly the substan- 
tive facts upon which he relies. If, in an action appealed 
by the defendant from a police, district or municipal court 
or trial justice, the court is satisfied, upon an inspection 
of the declaration, that the plaintiff seeks to recover solely 
for his personal labor, with or without interest, the court 
may, upon motion, advance such action for speedy trial. 

Approved April 6, 1905. 



Chap.212 



Salary of 
assistant book- 
keeper in 
department of 
treasurer 
established. 



Repeal. 



An Act to establish the salary of the assistant 
bookkeeper in the department of the treasurer and 
receiver general. 

Be it enacted, etc., as follows: 

Section 1. From and after the first day of January 
in the year nineteen hundred and five the assistant book- 
keeper in the department of the treasurer and receiver 
general shall receive a salary of fifteen hundred dollars 
a year. 

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

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

Approved April 6, 1905. 



Acts, 1905. — Chaps. 273, 274. 195 



An Act to regulate the shooting of wild ducks and r//,^^) 97Q 

GEESE IN CERTAIN WATERS OF THE COUNTY OF DUKES ^ "^ 

COUNTY. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful in the county of s'??i'"ngof 

-r^ ^ /^ c 1 1 -n •! 1 1 1 Wild ducks, 

Dukes County lor any person to shoot or kill wild clucks etc., in certain 

I- 1 . -I J- 1 . J- . ^1 waters of the 

or geese m any iresh water pond irom a boat, rait or other county of 
device located at a greater distance than fifty yards from reguiated.""^^ 
the shore. 

Section 2. Any person violating any provision of Penalty, 
this act shall be punished by a fine of not less than five 
nor more than two hundred and fifty dollars. 

Approved April 7. 1905. 

An Act making appropriations for the Massachusetts (J]inj. onA 

HOSPITAL FOR DIPSOMANIACS AND INEBRIATES. 

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 support of the Massa- 
chusetts hospital for dipsomaniacs and inebriates during 
the year ending on the thirty-first day of December, nine- 
teen hundred and five, to wit : — 

For the expenses of said institution, including the ex- Massachusetts 
pense of printing and binding the annual report, the sum dfpsomanfacs 
of fourteen thousand four hundred and forty-six dollars, ateVexpenses. 
this sum being based upon the average number of state 
patients at the rate of three dollars and twenty-five cents 
per week, and to be in addition to the receipts from 
other sources, as provided for by sections one hundred 
and twenty-seven and one hundred and twenty-eight of 
chapter eighty-seven of the Revised Laws ; and so much 
of said receipts as may be needed to pay the expenses of 
said institution may be used for that purpose. 

For current expenses, in addition to the appropriation current 
for state patients, and to include the expense of main- ^-'^p^"^*^- 
taining industries at the said institution, a sum not ex- 
ceeding twelve thousand dollars. 

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

Approved April 7, 1905. 



196 



Acts, 1905. — Chaps. 275, 276, 277. 



Chap.275 An Act relative to the annual report of the state 

BOARD OF HEALTH. 



R. L. 9, § 7, 
amended. 



Be it enacted, etc., as follows: 

Section seven of chapter nine of the Revised Laws is 
hereby amended by striking out the words " five thousand 
copies ", in the sixty-sixth line, and inserting in place 
thereof the words : — four thousand five hundred copies, 
of which five hundred copies may be issued in parts, for 
the use of the board, — so that the paragraph will read 
as follows : — Of the state board of health, four thousand 
five hundred copies, of which five hundred copies may 
be issued in parts, for the use of the board. 

Approved April 1 , 1905. 

Chap.276 An Act to authorize the international young men's 

CHRISTIAN association TRAINING SCHOOL TO GRANT DE- 
GREES. 



Report of 
state board of 
health. 



The Inter- 
national 
Young Men's 
Christian 
Association 
Training 
School may 
grant degrees. 



Be it enacted, etc., as follows: 

Section 1. The International Young Men's Chris- 
tian Association Training School is hereby authorized and 
empowered to grant the degrees of bachelor and master 
of humanics (B. H. and M. H.) to those of its students 
who have satisfactorily completed the secretarial course 
prescribed by the faculty and officers of the said training 
school; and also the degrees of bachelor and master of 
physical education (B. P. E. and M. P. E.) to those of 
its students who have satisfactorily completed the course 
in physical training prescribed by the faculty and officers 
of the said training school. 

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

Approved April 7, 1905. 



Chav.2i77 An Act to authorize the town of usbridge to expend 

AN additional SUM FOR THE PURPOSE OF INCREASING ITS 
WATER SUPPLY. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter two hundred and 



1904, 225, § 5, 
amended. 



twenty-five of the acts of the year nineteen hundred and 
four is hereby amended by striking out the word " fifty ", 
in the fourth line, and inserting in place thereof the word : 
— seventy-five, — so as to read as follows : — Section 5. 



Acts, 1905. — Chap. 278. 197 

The town of Uxbridge, for the purposes mentioned in uxbridge 
this act, may borrow money from time to time and issue Ac*t*ofi9^°' 
therefor negotiable bonds, notes or scrip to an amount not 
exceeding the simi of seventy-five thousand dollars. Such 
bonds, notes or scrip shall be signed by the treasurer of 
the town and countersigned by the chairman of the select- 
men, and shall be denominated on the face thereof, Ux- 
bridge Water Loan, Act of 1904, They shall be payable 
at the expiration of periods not exceeding thirty years 
from the dates of issue, and shall bear such rate of in- 
terest, not exceeding four per cent per annum, as the town 
may determine. The town may sell such securities at 
public or private sale, or pledge the same for not less 
than the par value thereof for money borrowed for the 
purposes aforesaid, upon such terms and conditions as it 
may deem proper, and shall make payable annually a 
fixed proiX)rtion of the principal of such bonds, notes or 
scrip; and the town shall raise annually by taxation the Town to raise 
amount required to meet the interest and the proportion amount V 
of the principal which is payable annually, annuauy, 

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

Approved April 10, 1905. 



Chap.278 



An Act relative to wires and electrical appliances in 
the city of somerville. 

Be it enacted, etc., as folloivs: 

Section 1, The board of aldermen of the city of |'oi®e|:^ii'e 
Somerville may. by ordinance designate some officer or may cause 
officers of the city who shall have exclusive authority to etc., to be 
cause to be removed from the streets of the city, within placed under- 
the district hereinafter prescribed, all telegraph, telephone ^°°^*^- 
and electric light, motor and power wires, cables and con- 
ductors, in or above said streets, and all poles and other 
structures in said streets used for the support of the same, 
except such structures, poles, wires, cables and conductors 
as are hereinafter excepted. It shall be the duty of such 
officer or officers, and he or they shall have authority, to 
grant all necessary permissions for such wires, cables and 
conductors to be placed, maintained and operated in un- 
derground conduits, subject to the ordinances of said city; 
and it shall be the duty of the commissioner of streets or 
other officer having charge of the highways in said city, 
and he shall have authority, to issue all permits for open- 



198 



Acts, 1905. — Chap. 278. 



To a]3ply to 
certain etreets, 
etc. 



PtiTjUc notice 
to be given, 
etc. 



Certain com- 
panies not 
required to do 
work involving 
the expendi- 
ture of more 
than a certain 
sum in any one 
year, etc. 



Certain struc- 
tures not to be 
placed in 
prescribed 
streets, 
except, etc. 



ing and occupying the streets in said city which may be 
necessary to carry out the intent of this provision, upon 
the application of the officer or officers first above men- 
tioned, or of any person or corporation interested. 

Section 2. The provisions of this act shall apply to 
the foUoAving named streets within the boundaries of said 
city : — Broadway, Pearl street, Medf ord street, High- 
land avenue, Somerville avenue, Elm street. Cross street. 
Walnut street. School street. Central street, Bow street, 
AVillow avenue. College avenue, Holland street, Beacon 
street and Summer street. The work in said Broadway 
shall be the first work required to be done under this act. 

Section 3. The said officer or officers, within thirty 
days after appointment, and in each January thereafter 
until the work in said streets is completed, shall prescribe, 
giving public notice thereof in some one newspaper pub- 
lished in said city, by advertising therein once a week 
for three weeks in succession, a part of said streets, con- 
sisting of not more than two miles of streets, within which 
part all of said wires, cables and conductors, except those 
hereinafter excepted, shall, during that calendar year, be 
removed or placed underground ; and said officer or offi- 
cers shall cause the OA\Tiers or users of such wires, cables 
and conductors to remove them or to put them under- 
ground, and also to remove any poles or structures used 
in the streets to support such wires, cables or conductors, 
except when, in the judgment of said officer or officers, 
it is impracticable or inexpedient to remove such wires, 
cables, conductors or structures ; it being the purpose and 
intent of this act ultimately to cause the removal from the 
public streets, avenues and highways within said district 
of all the wires, cables and conductors aforesaid, except 
those hereinafter excepted. 

Section 4. Xo electric light company shall be obliged 
to do work hereunder involving the expenditure of more 
than twenty thousand dollars in any one year. !No other 
company shall be obliged, under the provisions of this act, 
in any one year, to remove or place underground its wires 
in any street in which electric light wires are located, un- 
less such electric light wires are also to be removed or 
placed underground, under the terms hereof. 

Section 5. Xo person or corporation shall place any 
poles or other structures for the support of any wires, 
cables or conductors, except those herein specially ex- 
cepted, in any street or part thereof which has been pre- 



Acts, 1905. — Chap. 278. 199 

scribed as aforesaid, except temporarily, with the consent 
of said officer or officers, in an emergency ; and if after 
the expiration of the calendar year in which such street or 
part thereof was so prescribed there shall remain therein 
any poles, wires, cables or conductors which said officer 
or officers shall have ordered to be removed, the said officer 
or officers shall cause the same to be removed ; and the 
city may collect from the o^\^lers or users, by an action 
of law, any expense involved in such removal. 

Section 6. The officer or officers who may be desig- Permission 
nated by the board of aldermen of said city pursuant to ^tntedfor 
section one of this act may at any time, upon application anYpi'acing 
of any person, firm or corporation duly authorized by ^any^re^ 
law to lay or to erect and maintain, and maintaining wires ^^• 
in the streets of said city, grant permission for the re- 
moval of any wires, cables, conductors, poles or structures 
in any of the streets of said city, whether within or with- 
out the district specified in section two hereof, and for the 
placing of the same and any other necessary wires, cables 
and conductors or any extension thereof underground as 
herein provided; and it shall be the duty of the commis- 
sioner of streets or other officer having charge of the high- 
ways in said city, and he shall have authority, after the 
granting of such jjermission, to issue such permits for 
opening and occupying the streets of said city as may be 
necessary to carry out the intent of this act, upon the ap- 
plication of said officer or officers, or of any person or 
corporation interested. 

Section T. This act shall not apply to long distance Not to apply 
telephone wires, or to posts for the support of lamps ex- wireslttc., 
clusively, or to poles used exclusively for local distribu- certafn rights 
tion from underground wires, cables or conductors, or to ^^■ 
street railway trolley wires, poles or conductors ; nor shall 
it revoke any rights already granted to any person, firm 
or corporation to place or maintain any conduits, pipes, 
wires, cables or conductors underground ; but any such 
conduits, pipes, wires, cables or conductors laid hereafter 
in pursuance of any such grant shall be laid subject to 
the provisions of this act, so far as they are not inconsistent 
with the terms of such grant. For the purpose of this 
act no wire shall be deemed to be a long distance telephone 
wire which does not extend twenty-five miles at least in 
a direct line from some central office. 

Section 8. When any person, firm or corporation op- Mars to be 
erating or intending to operate wires, cables, conductors cases'" '^^'^*'° 



200 



Acts, 1905. — Chap. 279. 



Maps to be 
filed in certain 



Board of 

appeal. 



Enforcement 
of provisions, 
etc. 



Chap.219 



Care, etc., of 
shade trees on 
state high- 
ways. 



E. L. 208, § 104, 
amended. 



or conduits in said section of said city shall desire or be 
required to place the same underground in any street or 
highway in said section, and shall have been duly author- 
ized so to do, it shall be obligatory on such person, firm 
or corporation to file with the city engineer of said city 
a map or maps, made to scale, showing the streets or high- 
ways which are desired or required to be used for said 
purposes, and giving the location, dimensions and course 
of the underground conduit or conductor authorized or re- 
quired to be constructed, which map or maps shall be 
satisfactory to and approved in writing by the city en- 
gineer before any opening shall be made in any such 
street or highway under such authority. 

Section S'. The mayor and aldermen of the city shall 
constitute a board of appeal to which petitions in writ- 
ing may be presented by any person, firm or corporation 
aggrieved by any act or decision of said officer or officers, 
done or made in pursuance of this act. Such petition 
shall set forth the specific grievance relied upon, and shall 
be filed with the mayor of the city within ten days after 
the act or decision complained of was done or made; and 
said board after notice given as prescribed in section 
three of this act shall give a hearing thereon, and may 
either approve, annul, modify or overrule such act or de- 
cision. 

Section 10. The supreme judicial court or the su- 
perior court, or any justice thereof, shall on petition of 
said officer or officers have jurisdiction in equity to enforce 
the provisions of this act or any order of said officer or 
officers issued thereunder, and to compel compliance there- 
with. 

Section 11. This act shall take effect upon its passage. 

Approved April 10, 1905. 

An Act relative to shade trees on state highways. 
Be it enacted, etc., as folloivs: 

Section 1. The highway commission shall have the 
exclusive care and control of all shade trees within the 
limits of state highways, and may trim, cut or remove 
such trees or license the trimming, cutting or removal of 
such trees. 

Section 2. Section one hundred and four of chapter 
two hundred and eight of the Revised Laws is hereby 



Acts, 1905. — Chap, 280. 201 

amended by inserting after the word " town ", in the sixth 
line, the words : — or from the highway commission in 
the case of a state highway, — and by striking out the 
last sentence thereof and substituting the following : — 
In towns the tree warden shall enforce the provisions of 
this section and of the preceding two sections: provided, 
however, that should he fail to act in the case of a state 
highway within thirty days after the receipt by him of 
a complaint in writing from the Massachusetts highway 
commission, said commission may proceed to enforce the 
provisions of this section, — so as to read as follows : — 
Section 10. If-. Whoever affixes to a tree in a public way Penalty for 
or place a playbill, picture, announcement, notice, adver- notk-is^ete., 
tisement or other thing, whether in writing or otherwise, public ways, 
or cuts, paints or marks such tree, except for the pur- '^^^• 
pose of protecting it and under a written permit from 
the officer having the charge of such trees in a city or from 
the tree warden in a town, or from the highway commis- 
sion in the case of a state highway, shall be punished by 
a fine of not more than fifty dollars for each offence. In 
towns the tree warden shall enforce the provisions of this 
section and of the preceding two sections : 'provided, lioiu- Proviso. 
ever, that should he fail to act in the case of a state high- 
way within thirty days after the receipt by him of a 
complaint in writing from the Massachusetts highway 
commission, said commission may proceed to enforce the 
provisions of this section. 

Sectioiv 3. Whoever without authority cuts down or Penalty for 
removes a shade tree within the limits of a state highway, tain^trees^'etc. 
or maliciously injures, defaces or destroys any such tree, 
shall forfeit not less than five nor more than one hundred 
dollars to the use of the Commonwealth. 

Section 4. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Approved April 11, 1005. 

An Act to authorize the detective and fire inspection rijfyjj. oqq 

DEPARTMENT OF THE DISTRICT POLICE TO MAKE REGULA- ^ ' 

TIONS RELATIVE TO EXPLOSIVES AND INFLAMMABLE FLUIDS. 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and seventy of anlt'nd^ed 
the acts of the year nineteen hundred and four is hereby 
.amended by striking out the first three sections and in- 



202 



Acts, 1905. — Chap. 280. 



Powers, etc., 
to regulate the 
keepinjr, etc., 
of explosives 
conferred 
upon the dis- 
trict police. 



May make 

regulations, 

etc. 



No building to 
be used, etc., 
for storage, 
etc., of ex- 
plosives with- 
out a license 
and permit. 



Proviso. 



1904, 370, 
amended. 



Granting of 
permits. 



serting in place thereof the following: — Section 1. The 
powers and duties heretofore conferred and imposed upon 
cities and towns and the majors and aldermen, city coun- 
cils and selectmen thereof, by chapter one hundred and 
two of the Revised Laws, to regulate the keeping, storage, 
use, manufacture, sale, handling, transportation or other 
disposition of gunpowder, dynamite, crude petroleum or 
any of its products, or explosive or inflammable fluids or 
compounds, tablets, torpedoes or any explosives of a like 
nature, or any other explosives, except fireworks and fire 
crackers, are hereby conferred and imposed upon the de- 
tective and fire inspection department of the district police, 
except as to the transportation of said explosives by steam 
railroads. Section 2. The detective and fire inspection 
department of the district police may make regulations, 
except as hereinbefore provided, for the keeping, storage, 
use, manufacture, sale, handling, transportation or other 
disposition of gunpowder, dynamite, crude petroleum or 
any of its products, or explosive or inflammable fluids or 
compounds, tablets, torpedoes or any explosives of a like 
nature, or any other explosives, except fireworks and fire 
crackers, and may prescribe the materials and construc- 
tion of buildings to be used for any of the said purposes. 
Section 3. jSTo building shall be erected or used in any 
city or town for the keeping, storage, manufacture or sale 
of any of the articles named in section two unless the 
mayor and aldermen or selectmen have granted a license 
therefor after a public hearing, fourteen days' public no- 
tice of which shall be given at the expense of the appli- 
cant, and unless a permit shall be granted therefor by the 
chief of the district police, or by some official or officials 
designated by the said chief for that purpose : provided^ 
lioivever, that any building lawfully used for any of said 
purposes at the time of the passage of this act may be 
continued in such use Avithout a license or permit, but 
subject however to such alterations in construction and 
such regulations of such use for protection against fire 
or explosion as the detective and fire inspection depart- 
ment of the district police may from time to time pre- 
scribe. 

SECTiOiSr 2. Said chapter is hereby further amended 
by inserting the following new section after section three: 
— Section 4. The chief of the district police may desig- 
nate some official or officials of any city or town who shall^ 



Acts, 1905. — Chap. 281. 203 

when so designated, have the power to grant, in accord- 
ance with rules and regulations froin time to time estab- 
lished by said detective and fire inspection department of 
the district police, the permits j^rovided for in the pre- 
ceding section, and it shall he the duty of such official or 
officials to grant such permits and to keep a record of the 
same. 

Section 3. Said chapter is hereby further amended amended, 
by striking out section four and inserting in place thereof 
the following : — Section 5. Whoever keeps, stores, uses, Penalty, 
manufactures, sells, handles, transports, or otherwise dis- 
poses of any of the articles mentioned 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. 

Approved April 11, 1905. 

An Act relative to the taking op menhaden for bait Q/iarf^Sl 

IN THE waters OF EDGARTOWN AND COTTAGE CITY. 

Be it enacted, etc., as follows: 

Section 1. Section one hundred and twenty-seven of f^ende^.^^'^'' 
chapter ninety-one of the Revised Laws is hereby amended 
by adding at the end thereof the words : — nor shall they 
prevent the inhabitants of said towns from taking men- 
haden for bait for their o^^ai use in the waters of their 
respective to\\Tis in the months of July, August, Septem- 
ber and October, — so as to read as follows : — Section Use of nets in 
127. Whoever sets or uses or aids in setting or using Edgartown 
any seine, mesh net or gill net for the purpose of catching cujMreguia'ted. 
any other fish than mackerel, or by such means catches 
and retains any other fish than mackerel, in the waters 
of the towns of Edgartown and Cottage City within three 
miles from the shores thereof, may, upon view of the 
offence by any of the commissioners on fisheries and game 
or their deputies, or any officer qualified to serve criminal 
process or member of the district police, be arrested with- 
out warrant and prosecuted by him ; and on conviction 
thereof shall be punished by a fine of not more than two 
hundred dollars, and, in the discretion of the court, shall 
forfeit to the Commonwealth all fish taken in said nets. 
The provisions of this section shall not affect the rights Certain rifrhts 
of any persons mentioned in section twenty-three or the 



204 



Acts, 1905. — Chaps. 282, 283. 



Certain 
authority of 
selectmen of 
Edgartown 
not affected. 



corporate rights of any fishing company; nor shall they 
prevent the inhabitants of said towns from taking men- 
haden for bait for their own use in the waters of their 
respective towns in the months of July, August, Sep- 
tember and October. 

Section 2. This act shall not restrict or affect the 
authority granted by chapter three hundred and one of 
the acts of the year nineteen hundred and four to the 
selectmen of the town of Edgartown to issue certain per- 
mits for the taking of bait. 

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

Approved April 13, 1905. 



Reimburse- 
ment of small 
towns for 
maintenance 
of certain 
persons, etc. 



Chap.^S^ An Act relative to the support of certain feeble- 
minded PERSONS AND CHILDREN HAVING RESIDENCE IN 

certain small towns. 
Be it enacted, etc., as follows: 

Section 1. If it appears to the state board of insanity 
that a to^vn having a taxable valuation of less than five 
hundred thousand dollars in the valuation of polls and 
estates established by the general court is, or since the 
first day of January of the year nineteen hundred and 
four has been, lawfully charged with the maintenance 
of inmates of the Massachusetts School for the Feeble- 
Minded, of The Hospital Cottages for Children, or of 
any other j)lace under the charge of the state board of 
insanity, by reason of any such inmate having a legal 
settlement in such town, the expense thereof may be re- 
paid to such town by the Commonwealth, in whole or in 
part, as the said board may determine. 

Section 2. Section eighty-one of chapter eighty-seven 
of the Revised Laws is hereby repealed. 

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

Approved April 13, 1905. 



Repeal. 



Chap.^iSS "^^ ^*^T relative to PETITIONS FOR DAMAGES OCCASIONED 
BY THE LAYING OUT OF OLD COLONY AVENUE IN THE CITY 
OF BOSTON. 

Be it enacted, etc., as folloivs: 

dama*'es^°^ Section 1. Petitions for damages arising under chap- 

occasioned by ter five hundred and nineteen of the acts of the year eight- 



Acts, 1905. — Chaps. 284, 285. 205 

een hundred and ninety-seven, being "An Act to provide the abolition of 
for the abolition of tlie grade crossing of Dorchester crossing.^*^*^^ 
avenue and the Old Colony railroad in the city of Bos- 
ton ", or for damages arising from acts done under chap- 
ter four hundred and twenty-eight of the acts of the year 
eighteen hundred and ninety, in respect to the abolition 
of the said grade crossing, may be brought at any time 
before the first day of January in the year nineteen hun- 
dred and six, with the same force and effect as if the said 
petitions had been brought within the time prescribed by 
law. 

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

Approved April 13, 1905. 

An Act relative to the storage of intoxicating liquors (JJiq^^y) 284 
by persons holding fourth or fifth class licenses. 

Be it enacted, etc., as follows: 

Section 1. It shall be lawful for persons holding certain per- 
fourth or fifth class licenses for the sale of intoxicating fntoxlcafing"'^^ 
liquor to store liquor in a public or private warehouse or ''i^o^s. 
on other premises not covered by such license: provided, rrovieo. 
that no liquor shall be delivered to a purchaser from such 
premises, and that the use of such premises for that pur- 
pose shall be approved by the ofiicer or board granting 
the license. 

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

Approved April 13, 1905. 

An Act relative to the visitation of city and town Qjinjy 9Q5 

PAUPERS BY THE STATE BOARD OF CHARITY. 

Be it enacted, etc., as folloivs: 

Section four of chapter eighty-one of the Revised Laws r. l. si, § 4, 
is hereby amended by inserting after the word " where ", ^"'^^ 
in the second line, the words : — city or, — so as to read 
as follows: — Section J/.. The state board of charity may visitation by 
visit and inspect all places where city or town paupers charity. 
are supported in families. Approved April 13, 1905. 



206 



Acts, 1905. — Chaps. 286, 287. 



R. L. 173, § 81, 
etc., amended. 



Chap.286 An Act relative to the engagements of attorneys in 

CERTAIN COURTS OR BEFORE CERTAIN AUDITORS. 

Be it enacted, etc., as folloivs: 

Section eighty-one of chapter one hundred and seventy- 
three of the Revised Laws, as amended by section nine 
of chapter four hundred and forty-eight of the acts of 
the year nineteen hundred and four, is hereby further 
amended by striking out all after the word " auditor ", 
in the last line, and inserting in place thereof the words: 
— unless it shall appear to the court in any particular 
case that it is just and reasonable that he should so pro- 
ceed, — so as to read as follows: — Section 81. An at- 
torney of record who is actually engaged in the trial of 
a cause in the supreme judicial court or in the superior 
court, or in the land court, or before an auditor who has 
been appointed by either of said courts, shall not be re- 
quired to proceed to the trial of any other cause in either 
of said courts or before another auditor, unless it shall 
appear to the court in any particular case that it is just 
and reasonable that he should so proceed. 

Approved April 13, 1905. 



Engagements 
of attorneys 
in certain 
courts or 
before certain 
auditors. 



(JhapJ^iSl An Act relative to reserves for certain insurance 

COMPANIES. 



Liability in- 
surance coni- 



Be it enacted, etc., as follows: 

Section 1. Every insurance company which has for 
render a^state ^^^ years or more undertaken to insure persons, firms or 
menttothe corporations against loss or damage on account of the 

iiiBurfiiic© 

commissioner, bodily injury or death by accident of any person for 
which loss or damage said persons, firms or corporations 
are respectively responsible shall, on or before the first 
day of October in each year, render to the insurance com- 
missioner a statement in writing of its business transacted 
in the United States, which shall show separately for each 
of the five calendar years constituting the first half of the 
period of ten years next preceding the thirty-first day of 
December of the year in which the statement is made : — 
(1) The number of persons reported injured under all 
its forms of liability policies, whether such injuries were 
reported to the home office of the company or to any of 



Acts, 1905. — Chap. 287. 207 

its representatives, and whether such injuries resulted in Liabmtyin. 
loss to the company or not; paSesto^""' 

(2) The amount that, on or before the thirty-first day ment'^to'the''**' 
of August of the year in which the statement is made, commissfoner 
had been paid on account or in consequence of all in- 
juries so reported, including therein all payments on suits 

arising from such injuries ; 

(3) The number of suits or actions under such poli- 
cies on account of injuries reported which have been settled 
either by payment or compromise ; 

(4) The amount paid in settlement of such suits or 
actions on or before the thirty-first day of August of the 
year when the statement is made, including therein all 
payments made on account or in consequence of injuries 
from which the suits arose, whether prior to or later than 
the date when the suits were brought. 

Section 2. Every such company shall in its financial ^^^puunl 
statements hereafter made in this Commonwealth use the outstanding 

. . , . losses of 

experience so ascertained lor computing its outstanding liability com- 
losses under all its forms of liability policies, irrespective their own 
of the date when the policies were issued. The average *^^p^"'^'^*^^- 
cost per suit of settling such cases, as computed by the data 
required in the preceding section, shall be multiplied by 
the number of suits or actions pending on account of in- 
juries reported prior to eighteen months previous to the 
date on which the condition of the company is to be ascer- 
tained and shown, which suits or actions are being de- 
fended for or on account of a holder of any such policy ; 
also the average cost on account of each injured person, de- 
termined as aforesaid from the company's experience, shall 
be multiplied by the number of injuries reported within 
the eighteen months prior to making the statement of the 
company's condition, whether such injuries were reported 
to the home office of the company or to any of its repre- 
sentatives. From the sum of these two products so ascer- 
tained there shall be deducted the amount of all payments 
made on account or in consequence of said injuries re- 
ported within eighteen months, this amount so deducted 
to be taken as of the date at which the said statement is 
made. The sum remaining after making this deduction 
shall be charged as the liability of the company on ac- 
count of outstanding losses. 

Section 3. Any admitted company issuing liability Method of 
contracts which by reason of its limited experience in lia- outstanding 



208 



Acts, 1905. — Chap. 288. 



losses of 
liability 
companies 
from the ex- 
perienc« of 
other com- 
panies. 



bilitj underwriting cannot furnish the information re- 
quired by section one shall nevertheless, until it is able 
to comply with said requirements, be charged with a lia- 
bility for outstanding losses upon all kinds of its liability 
policies an amount not less than the amount resulting 
from the following process : — The number of suits or 
actions pending on account of injuries reported prior to 
eighteen months previous to the date of making up the 
statement, whether such injuries were reported to the 
home office of the company or to any of its representa- 
tives, Avhich are being defended on account of the holder 
of any policy, shall be multiplied by the average cost per 
suit as shown by the average experience of all other ad- 
mitted liability companies, ascertained from the data re- 
quired by section one ; also the number of injuries reported 
under feaid policies at any time within eighteen months of 
making up the statement, whether rejwrted to the home 
office of the company or to any of its representatives and 
whether such injuries resulted in loss to the company or 
not, shall be multiplied by the average cost for each in- 
jured person as sho^^m by the average of said experience 
of all other admitted liability companies, ascertained from 
the data required by section one. From the sum of these 
two products there shall be deducted the amount of all 
payments made on account or in consequence of said in- 
juries reported within eighteen months, this amount to- 
be taken as of the date at which the statement is made. 
A sum not less than the amount remaining after this de- 
duction shall be charged as a liability for outstanding 
losses to liability companies covered by the provisions of 
this section. The average cost for suits and for injured 
persons required by this section shall, on or before the 
first day of December of each year, be furnished by the 
insurance commissioner to every such company which has 
not had an experience of ten years in liability underwrit- 
ing. 

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

Approved April 13, 1905. 



Chap.2SS An Act relative to appeals from the land court. 
Be it enacted, etc., as follows: 



Appeals from 
the land court. 



Appeals from the land court to the superior court shall 
be appeals for a jury trial on the facts. When an appeal 



Acts, 1905. — Chap. 289. 209 

is taken from the land conrt to the superior court, the 
judge of the land court "who rendered the decision or made 
or signed the order or decree appealed from shall, within 
thirty days after the entry of the appeal in the superior 
court, tile in said superior court a full report of his de- 
cision and of the facts found by him so far as they relate 
to or bear upon any questions involved in the appeal, and 
upon the trial of the cause in the superior court such 
report shall be prima facie evidence as to the matters 
therein contained. Approved April 13, 1905. 



Chap.289 



Ax Act relative to the practice of dentistry. 

Be it enacted, etc., as follows: 

Section 1. Section twenty-eight of chapter seventy- r. l. ve, § as, 
six of the Revised Laws is hereby amended by inserting '■*™'^°"^ • 
after the word " law ", in the seventh line, the words : — 
and any person or corporation owning or carrying on a 
dental business, and in said business employing or per- 
mitting any person to perform an operation, or to make 
an examination as aforesaid, unless such person first ob- 
tains and holds a certificate therefor as required by law, 
or having such certificate fails to post the same as re- 
quired by section twenty-six, and whoever owns or carries 
on a dental business and fails to exhibit his name as re- 
quired by section twenty-six, — and by adding at the end 
thereof the words : — and, in case of a corporation, the 
officers or manager of such corporation shall also be liable 
to said fine and penalty, — so as to read as follows : — 
Section 28. Whoever falsely claims or pretends to have Practice of 
or hold a certificate granted by said board, or falsely and penalties.' 
with intent to deceive claims or pretends to be a graduate 
from any incorporated dental college, or who performs 
any operation on, or makes examination of, with the 
intent of performing or causing to be performed any op- 
eration on, the human teeth or jaws, without obtaining a 
certificate as required by law, and any person or corpora- 
tion owning or carrying on a dental business, and in said 
business employing or permitting any person to perform 
an operation, or to make an examination as aforesaid, un- 
less such person first obtains and holds a certificate there- 
for as required by law, or having such certificate fails to 
post the same as required by section twenty-six, and who- 
ever owns or carries on a dental business and fails to 



210 



Acts, 1905. — Chap. 290. 



R. L. 76, § -29, 
etc., amended. 



Not to apply 
to certain 
physicians or 
dentists, etc. 



exhibit his name as required by section twenty-six, shall, 
for each offence, be punished by a fine of not less than 
fifty nor more than one hundred dollars or by imprison- 
ment for three months, and, in case of a corporation, the 
officers or manager of such corporation shall also be liable 
to said fine and penalty. 

Sectio:!^ 2. Section twenty-nine of said chapter seventy- 
six, as amended by chapter two hundred and nineteen of 
the acts of the year nineteen hundred and three, is hereby 
further amended by inserting after the word '' college ", 
where it first occurs in the tenth line, the words : — incor- 
porated under the laws of this Commonwealth, and duly 
authorized to grant degrees in dentistry, — so as to read 
as follows : — Section 29. The provisions of sections 
twenty-four to twenty-eight, inclusive, shall not apply to 
a physician registered under the provisions of this chap- 
ter and in actual practice as a physician, in cases where 
he deems immediate treatment necessary for the relief 
of his patients, nor prevent a licensed dentist of another 
state from operating at a public clinic under the auspices 
of a duly organized and reputable dental association nor 
a student of a reputable chartered dental college incor- 
porated under the laws of this Commonwealth, and duly 
authorized to grant degrees in dentistry, from performing 
operations in the college infirmary as a part of the regular 
college course and in the presence, and under the actual 
instruction, of a registered dentist appointed as instructor. 

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

Approved April 13, 1905. 



Certain pro- 
ceedings of 
town of Athol 
confirmed. 



Chcij).290 Ax Act to legalize axd coxfirm certaix^ pkoceedixgs 

OF THE TOWN OF ATHOL. 

Be it enacted, etc., as foUoivs: 

Sectiox^ 1. The election of assessor at the annual 
town meeting of the toAvn of Athol, held on the sixth day 
of March in the year nineteen hundred and five, shall not 
be invalid l)v reason of the fact that the warrant calling 
the said meeting omitted the assessor from the list of offi- 
cers to be voted for, and the election of assessor at said 
meeting is hereby legalized and confirmed. 

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

Approved April 13, 1905. 



Acts, 1905. — Chaps. 291, 292, 293. 211 

Ax Act relative to the laxd court. Clwr) 291 

Be it enacted, etc., as follows: 

Sectiox 1. Chapter four liimdred and forty-eight of amtiufed 
the acts of the year nineteen hnndred and fonr is hereby 
amended by adding after section ten the following new 
section: — Section 11. Xothing in this act shall affect certain pro- 

T T . 1 ^ . 1-11 ceeding-s not 

proceedings pending m the snperior court on the eighth affected, 
day of July in the year nineteen hundred and fonr. 
Sectiox 2. This act shall take effect upon its passage. 

Approved April 13, 1905. 



Cliap.2^^ 



Ax Act relative to the hoosac electric power co:mpaxy. 
Be it enacted, etc., as follows: 

Section 1. Chapter one hundred and seventy-seven charter of 
of the acts of the A'ear nineteen hundred and four, in so tric*powe/*^" 
far as it applies to or affects the Hoosac Electric Power revived" etc. 
Company, is hereby repealed, and the charter, organiza- 
tion and other acts of said corporation shall remain of the 
same force and effect as at the time of the passage of 
said act. 

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

Approved April 13, 1905. 

Ax Act to authorize the old coloxy street railway (JJiart 293 

COMPAXY to sell ELECTRICITY TO THE EASTERX PARK 
COXSTRUCTIOX COMPAXY. 

Be it enacted, etc., as follows: 

Section 1. The Old Colony Street Railway Com- Theoid 
pany is hereby authorized to sell to the Eastern Park R^nwa.v com. 
Construction Company so much electricity as the said ^fectricftv- to'^ 
construction company may require for its use for light, parkcfonstruc 
heat and power, in excess of the amount of electricity tion company. 
which the town of Hull may from time to time offer to 
furnish to said construction company from its municipal 
light plant. 

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

Approved April 13, 1905. 



212 



Acts, 1905. — Chaps. 294, 295. 



Massachusetts 
state sana- 
torimii. 



C/?«2?.294 Ax Act makixg ax appropriatiox for the Massachu- 
setts STATE SAXATORIUM. 

Be it enacted, etc., as follows: 

Section 1. The sum of ninety-five thousand dollars 
is hereby appropriated, to be paid out of the treasury 
of the Commonwealth from the ordinary revenue, for the 
care and maintenance of patients at the Massachusetts 
state sanatorium during the year ending on the thirty- 
first day of December, nineteen hundred and five, and 
to include the expense of printing and binding the annual 
report; this amount to be in addition to any sums that 
may be received by the institution ; and so much of such 
receipts as may be needed to pay the expenses of the in- 
stitution may be used for that purpose. 

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

Approved April 13, 1905. 



R. L. 217, § 81, 
amended. 



Chap.295 Ax Act to provide for the appoixtmext of female 

PROBATIOX OFFICERS FOR THE MDXICIPAL COURTS OF THE 
SOUTH BOSTOX AXD ROXBURY DISTRICTS OF THE CITY OF 
BOSTOX. 

Be it enacted, etc., as follows: 

Section eighty-one of chapter two hundred and seven- 
teen of the Revised Laws is hereby amended by inserting 
after the word '' officers ", in the fifth line, the words : — 
The justice of the municipal court of the South Boston 
district and the justice of the municipal court of the Rox- 
bury district may also each appoint one female assistant 
probation officer, — so as to read as follows : — Section 81. 
The superior court may appoint probation officers and the 
justice of each police, district or municipal court and the 
chief justice of the municipal court of the city of Boston 
shall appoint one probation officer. Said chief justice 
may also appoint not more than five male and t-^^o female 
assistant probation officers. The justice of the municipal 
court of the South Boston district and the justice of the 
municipal court of the Roxbury district may also each 
appoint one female assistant probation officer. Each pro- 
bation officer and assistant probation officer so appointed 
shall hold his office during the pleasure of the court which 
makes the appointment. Approved April 13, 1905. 



Probation 
offic«r8, 
appointment, 
etc. 



Acts, 1905. — Chaps. 296, 297. 213 



An Act to simplify dealings in kegistered land. Chan 296 

Be it enacted, etc., as follows: 

Section 1. The third paragraph of section sixty-two r. l. i-28, § 62, 
of chapter one hnnclred and twenty-eight of the Revised am'ififdec?. ' ^' 
Laws is hereby amended by striking out the words " the 
owner's duplicate certificate and ", in the twenty-seventh 
line, so that said paragraph will read as follows : — 

In case of foreclosure by exercising the power of sale Foreclosure oi 
without a previous decree of court, the afiidavit required registered^ ^'^ 
by section fifteen of chapter one hundred and eighty-seven ''"^' 
shall be filed and registered with the assistant recorder, 
in lieu of recording. The purchaser at the foreclosure 
sale or his assigns may thereupon at any time present 
the deed under the power of sale to the assistant recorder 
for filing and registration, and obtain a new certificate, 
after the mortgagee's duplicate, if any, has been delivered 
up and cancelled ; but the provisions of this chapter shall 
not prevent the mortgagor or other person in interest, 
prior to the entry of a new certificate of title, from di- 
rectly impeaching, by bill in equity or otherwise, any 
foreclosure proceedings which affect registered land. 

Section 2. This act shall not apply to mortgages filed cLrtai*/*'^^^^ *° 
for registration before it takes effect, unless the mortgagor mortgages, 
or other person in interest shall have accepted the provi- 
sions of this act by an instrument in writing, duly acknowl- 
edged and registered, and clearly designating the mortgage 
which is by said instrument brought under this act. 

Approved April 13, 1905. 



An Act to authorize the town op saugus to incur in- fJJiQr) 297 

DEBTEDNESS FOR THE CONSTRUCTION OF SCHOOLHOUSES AND 
THE ACQUISITION OF LAND THEREFOR. 

Be it enacted, etc., as follows: 

Section 1. The town of Saugus is hereby authorized Holfse^Loa'n*'^ 
to issue from time to time in addition to the amounts now isos. 
authorized by law, notes, scrip or bonds, to be denominated 
on the face thereof, Saugus School House Loan, 1905, to 
an amount not exceeding one hundred thousand dollars, 
payable at periods of not more than thirty years from the 
dates of issue. The proceeds of such notes, scrij) or bonds 



214 Acts, 1905. — Chap. 298. 

shall be used for constructing schoolhouses and acquiring 
land therefor, 

^an'"^"'^'*^ Section 2. The said town, instead of establishing a 

sinking fund, may at the time of authorizing the said loan 
or anv jiart thereof provide for the payment thereof in 
annual payments of such amounts as will in the aggregate 
extinguish the same within the time prescribed by this act ; 
and when such provision has been made the amount re- 
quired thereby shall without further vote be assessed by 
the assessors of the said town in each year thereafter, until 

? the debt incurred by the said loan shall be extinguished, 

in the same manner in which other taxes are assessed un- 
der the provisions of section thirty-seven of chapter twelve 

R. L. 27 to of the Revised Laws. Except as otherwise provided herein 
the provisions oi chapter twenty-seven oi the Kevised Laws 
shall ajjply to the indebtedness hereby authorized and to 
the securities issued therefor, so far as the same may be 
applicable. 

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

Approved April 13, 1905. 



Chap.29S Ax Act to authorize the temporary use of armories 

FOR CERTAIN PURPOSES. 

Be it enacted, etc., as follows: 

Temporary Section 1. The adiutaiit general, upon terms and con- 

use otarmones . •1111? 1 !•• 

may be allowed ditioiis to be prescribed by him and upon an application 
piirijose's. approved by the military custodian of an armory provided 
in any city or town for the militia, may allow the tem- 
porary use of such armory in case of public emergency 
or for municipal purposes. 
Compensatioft. Section 2. The compensation fixed by the adjutant 
general for every such temporary use shall be paid to the 
treasurer and receiver general within ten days after the 
occupation of the armory for such temporary use ceases, 
accompanied by the certificate of the adjutant general that 
the sum so paid is the correct amount ; and all moneys so 
paid shall be credited to the armory appropriation for the 
fiscal year in which the payment is made. 

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

Approved April 13, 1905. 



Acts, 1905. — Chaps. 299, 300. 215 



An" Act to authorize the old coloxy street railway (7/^^/09.999 

COMPAXY TO construct AXD MAINTAIN POLE LINES. 

Be it enacted, etc., as follows: 

Section 1. The Old Colony Street Railway Company TheoidCoiony 

^ ,,1 i^i'.-" 1 Street Riiilwav 

may lay out, extend, construct and maintain across and company may 
over or under, but not along, any railroad location, lines unes^of wires' 
of wires, upon poles or in a conduit, for the transmission ete.^ railroad^' 
of electricity from any generating to any transforming locations, 
station owned or operated by said company: provided, how- proviso. 
ever, that before beginning the work of laying out, extend- 
ing or constructing lines of wires as herein provided the 
street railway company shall give the railroad corporation 
thirty days' notice in writing of the proposed work, ac- 
companied by a plan thereof, and in case the said com- 
panies are unable to agree as to the manner, place and 
details of such crossing, the question of the necessity for 
the crossing and the manner, place and details thereof 
shall be determined by the board of railroad commission- 
ers, upon petition of either the street railway company or 
the railroad corporation, and after such notice as the com- 
missioners may order. 

Section 2. Said street railway company shall pay all Damages, 
damages caused by the location, construction and mainte- 
nance of such electric lines upon and over a railroad, or 
by the taking of any property or rights in property of a 
railroad corporation therefor ; and such damages, upon the 
application of either party in case of failure to agree as 
to the amount thereof, shall be assessed, secured and paid 
in the manner provided by chapter one hundred and eleven 
of the Revised Laws relative to the assessment, security 
for payment and payment of damages when land is taken 
for railroad purposes. Approved April IJ^, 1905. 

An Act making an appropriation for the cape cod pil- (JJi^fj) 30O 
grim memorial association. 

Be it enacted, etc., as follows: 

Section 1. The sum of twenty -five thousand dollars Appropriation 
is hereby appropriated, to be paid out of the treasury of cod piijirim 
the Commonwealth to the Cape Cod Pilgrim Memorial AssodaUon. 
Association, as authorized by chapter one hundred and 
twentv-seven of the resolves of the vear nineteen hundred 



216 



Acts, 1905. — Chaps. 301, 302. 



and two, to be expended by said association toward the 
erection at Provincetown of a suitable memorial of the 
first landing of the pilgrims on the soil of Cape Cod, and 
the signing of the compact in the cabin of the Mayflower 
while at anchor in Provincetown harbor. 

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

Approved April IJ^, 1905. 



Chap.SOl -^^ ^CT IX ADDITION TO THE SEVERAL ACTS MAKIXG AP- 
PROPRIATIONS FOR DEFICIENCIES IN APPROPRIATIONS FOR 
SUNDRY EXPENSES AUTHORIZED IN THE TEAR NINETEEN 
HUNDRED AND FOUR. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Common- 
wealth from the ordinary revenue, for certain expenses in 
excess of appropriations therefor in the year nineteen hun- 
dred and four, to wit : ■ — ■ 

For transportation of state paupers by the state board 
of insanity, the sum of four hundred thirty dollars and 
ninety cents. 

For expenses of state armories, the sum of one thousand 
twenty-five dollars and forty-eight cents. 

For expenses of the United States steamer Inca, the 
sum of three hundred seventy-three dollars and twenty- 
nine cents. 

For incidental exj^enses of the quartermaster general's 
department, the sum of three dollars and twenty-five cents. 

For blank forms for town officers, the sum of one hun- 
dred dollars and ninety cents. 

For high school tuition for children in small towns, the 
sum of one hundred and ninety-five dollars. 

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

Approved April IJf, 1903. 



Appropria. 
tions. 



Transporta- 
tion of state 
paupers. 



State armories. 



U. S. steamer 
Inca. 



Quartermaster 

s-eiieral's 

department. 

Blank forms 
for town 
ollicers. 

Tuition of cer- 
tain cliildren. 



CAa79.302 -^^' -^CT TO PROVIDE FOR THE CONSTRUCTION AT SPRIXGFIELD 
OF A BUILDIXG FOR THE REGISTRY OF DEI:DS AXD FOR THE 
PROBATE COURT FOR THE COUXTY OF HAMPDEN. 

Be it enacted, etc., as follows: 

Section 1. The county oommissioners of the county 



Xew building 
to be erected 
for the regis- 



of Hampden are hereby directed to erect a new building 



Acts, 1905. — Chap. 302. 217 

in the city of Springfield for the use of the registry of anVprobate 
deeds and the probate court for said countv, and mav take '1°"^, Hamp. 

. ^ . 1 T 1 S ' '^^'^ county. 

by purchase or otherwise sucli land, and easements ap- 
purtenant thereto, as may be necessary for that purpose, 
and may take all rights which any person may have in the 
passageway sitiuite westerly of land now owned by said 
county adjoining the present court house. The new build- 
ing ma}' be connected with the present court house by a 
one story covered passageway, and said building and cov- 
ered passageway shall be made as nearly fireproof as is 
possible. 

Section 2. Said county commissioners shall, within Description of 
sixty days after the taking of any land or easement under ife°re'coraed^ 
this act, otherwise than by purchase, file and cause to be re- ^^^' 
corded in said registry of deeds a description of such land 
sufficiently accurate for identification, with a statement 
of the purpose for which the same was taken, signed by 
said county commissioners ; and the title of the lands so 
taken shall vest in said county in fee. 

Section 3. Said county shall pay all damages to prop- Damages, 
erty sustained by any persons by reason of such taking or 
by discontinuing said passageway, and if any person sus- 
taining such damages shall fail to agree with the said 
county commissioners as to the amount thereof he or the 
said commissioners may, within one year after such taking 
or discontinuance, file in the office of the clerk of the 
superior court for said county a petition for a jury to 
determine such damages ; and thereupon, after such notice 
as said court shall order, the damages shall be determined 
by a jury in said court in the same manner as damages for 
lands taken for the laying out of highways, and costs shall 
be taxed as in civil cases. 

Section 4. Said commissioners shall contract for the contracts, 
erection of said building, in accordance with the provi- 
sions of section twenty-seven of chapter twenty of the 
Revised Laws. 

Section 5. In order to meet the expenses incurred n,'-gg|o^,e,?™" 
under this act said commissioners mav borrow from time '""r borrow 

. . - -^ , ujion credit or 

to time upon the credit oi said county a sum not exceed- county, etc. 
ing in the aggregate two hundred thousand dollars. Such 
indebtedness shall be paid out of amounts received for 
taxes, at the rate of ten thousand dollars each year, com- 
mencing with the year nineteen hundred and six, until 
the whole indebtedness is discharo-ed. 



218 



Acts, 1905. — Chap. 303. 



Payment of 
personal 
expenses of 
commissioners. 



Sectiox 6. Upon tlie completion of said building the 
commissioners shall return a certified statement of their 
personal expenses incurred in connection with said work 
to the controller of county accounts, who shall audit and 
certify the same to the treasurer of said county, and the 
treasurer shall pay them for such expenses from the treas- 
ury of said county. 

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

Approved April 17, 1905. 



R. L. 81, § 5, 
amended. 



Overseers of 
the poor to 
place pauper 
children in 
families, etc. 



Chci'p.SOS Ax Act relative to the placing of pauper children in 

FAMILIES. 

Be it enacted, etc., as follows: 

Section 1. Section five of chapter eighty-one of the 
Revised Laws is hereby amended by striking out the word 
'' four ", in the second line, and inserting in place thereof 
the word : — two, — so as to read as follows : — Section 5. 
In every city and town, said overseers shall place every 
pauper child who is in their charge and is over two years 
of age in a respectable family in the Commonwealth, or 
in an asylum therein, to be there supported by the city 
or town according to the laws relative to the support of the 
poor until they can be otherwise cared for. The over- 
seers, personally or by agent, shall visit such child at least 
once in three months and make all needful inquiries as 
to his treatment or welfare. 

Section 2. Section seven of said chapter eighty-one 
is hereby amended by striking out the word " eight ", in 
the fifth line, and inserting in place thereof the word : — 
five, — so as to read as follows : — Section 7. ISTo such 
child who can be cared for as provided in section five with- 
out inordinate expense shall be retained in an almshouse 
unless he is a state pauper or an idiot, or otherwise so 
defective in body or mind as to make his retention in an 
almshouse desirable, or unless he is under the age of five 
years and his mother is an inmate thereof and is a suitable 
person to aid in taking care of him. 

Approved April 17, 1905. 



R. L. 81, § 7, 
amended. 



Certain chil- 
dren not to be 
retained in 
almshouses. 



Acts, 1905. — Chap. 304 219 



A^r Act relative to the paymext of operatives ix tex- (Jj^^^-f qqi 

TILE FACTORIES. 

Be it enacted, etc., as follows: 

Sectiox 1. Section sixty-five oi chapter one hundred amended'. ^ *'''' 
and six of the Revised Laws is hereby amended by strik- 
ing ont the word " seven ", in the fifteenth line, and in- 
serting' in place thereof the word : — three, — so as to read 
as follows : — Section 65. The occupier or manager of fj'be furni^hld 
every cotton factory shall supply to each person who is to operatives 

T ' . . T i ^ 1 .^ .11 1 1" cotton 

engaged as a weaver m said factory and is paid by the factories, 
piece, cut or yard, a printed or written ticket with each 
warp wliich shall contain the following specifications as 
to the work to be done and wages paid : the number of 
cuts, the number of yards per cut or piece, the price per 
yard, cut or piece, the number of picks per inch and the 
number of reeds to the inch. Said occupier or manager 
shall also supply to each person who is engaged as a frame 
tender a specification of the number of roving and price 
jter hank or hanks ; and to each person engaged as a warper 
or web drawer a specification of the number of threads 
in the warp and the rate of compensation ; and to each 
operative who is paid by the pound a specification of the 
price to be paid per pound or pounds ; said specification 
to be furnished in each case on a printed or written ticket 
within three days after the time when said operative be- 
gins work. 

Sectiox 2. Section sixty-six of chapter one hundred amended. ^ ^^' 
and six of the Revised Laws is hereby amended by strik- 
ing out the word " or ", before the word " maximum ", 
in the seventh line, and inserting in place thereof the word : 
— and, — by striking out the words " or weight ", in the 
same line, by striking out the word " five ", in the fifteenth 
line, and inserting in place thereof the word: — three, — 
and by adding at the end of said section the words : — 
provided, however, that if it appears that a variation in 
excess of the amount hereinbefore set forth has been caused 
in whole or in part l)y any weaver in the employ of any 
person charged with the violation of this act, this shall 
be deemed a sufficient defence to a prosecution, — so as 
to read as follows : — Section 66. The occupier or man- Spcciflcations 
ager of every textile factory shall post in every room where compenssuion 
any employees work by the job, in legible writing or jirint- In texti*]f *^'' 

factories. 



220 



Acts, 1905. — Chap. 305. 



Specifloations 
and rate of 
coinpensatiou 
to be posted 
ill textile 
factories. 



Proviso. 



Penalty. 



Enforcement 
of provisions. 



Repeal. 



Wben to take 
effect. 



ing, and in sufficient numbers to be easily accessible to 
snch employees, speciiications of the character of each kind 
of "work to be done by them, and the rate of compensation. 
Such specifications in the ease of weaving rooms shall state 
the intended and maximum length of a cut or piece, the 
count per inch of reed, and the number of picks per inch 
and the price per cut or piece, or per pound ; or, if pay- 
ment is made per pick or per yard, the price per pick or 
per yard; and each warp shall bear a designating ticket 
or mark of identification. In roving or spinning rooms 
the number of roving or yarn and the price per hank for 
each size of machine shall be stated ; and each machine 
shall bear a ticket stating the number of the roving or 
yarn made upon it. The maximum length of a cut or 
piece shall not exceed three per cent of the intended lengtli 
of the same: provided, however, that if it appears that a 
variation in excess of the amount hereinbefore set forth 
has been caused in whole or in part by any weaver in the 
employ of any person charged with the violation of this 
act, this shall be deemed a sufficient defence to a prosecu- 
tion. 

Section 3. Any occupier or manager of a cotton fac- 
tory Avho fails to comply with the provisions of the preced- 
ing sections shall, for the first offence, be punished by a 
fine of not less than twenty-five nor more than fifty dollars, 
and for each subsequent offence by a fine of not less than 
fifty nor more than one hundred dollars. 

Section -i. The members of the inspection department 
of the district jDolice shall enforce the provisions of this 
act. 

Sectioi^ 5. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

Sectio]^ 6. This act shall take effect on the first day 
of July in the year nineteen hundred and five. 

Approved April 17, 1905. 



Chap.S05 Ax Act to define the powees of the commissioxers of 

PUBLIC WORKS OF THE TOWX OF STOXEHAM. 

Be it enacted, etc., as follows: 

Sectiox 1. ChaiDter two hundred and sixty-three of 
the acts of the year nineteen hundred and two is hereby 
amended by striking out section three and inserting in 

Section 3. Said commis- 



1902, 263, § 3, 
amended. 



Commissioners placc thcrcof the following: 

of public ^ " 



Acts, 1905. — Chap. 306. 221 

sioners, in respect to the construction, maintenance and J^tml^ham, 
repair of streets, ways, bridges, sidewalks, monuments at powers, duties, 
the termini and angles of roads, and guide posts, and the 
granting of rights and locations for the maintenance of 
telephone, telegraph or electric light poles, or poles for 
other purposes, and in respect to the laying out, construc- 
tion, maintenance and repair of drains, shall exclusively 
have the powers, perform the duties, and he subject to the 
liabilities and penalties of selectmen and surveyors of high- 
ways; but all right and authority to lay out streets and to 
grant franchises or locations in public ways for electric 
railways shall be vested in the board of selectmen. 

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

Approved April 17, 1905. 

An Act to establish a part of the boundary line be- Q^^j) 3Q(3 
tween the towns of mashpee and sandwich and to 
annex a part of the town of sandwich to the town 
of mashpee. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall here- Part of 
after be a part of the boundary line between the towns betwera^ 
of Mashpee and Sandwich : — Beginning at the centre |i"idw?ch*°** 
of Santuit river at a corner of the towns of Barnstable, established. 
Mashpee and Sandwich at a point opposite a stone bound 
on the westerly side of said river and about nine hundred 
feet southwesterly from the bridge over said river in the 
main highway leading from the village of Santuit to the 
village of Waquoit ; thence south eighty-two degrees, forty 
minutes west, magnetic, about seven hundred sixty-six and 
six tenths feet to a stone bound in the easterly side of a 
passageway ; thence northerly about two hundred and sixty- 
six feet to the southwesterly corner of said passageway and 
said main highway leading from Santuit to Waquoit; 
thence along the southerly side of said highway about 
eleven hundred and ninety-eight feet; thence northerly 
across said highway, at right angles thereto, about thirty- 
three feet to the northerly side thereof; thence westerly 
along the northerly side line of said highw^ay about eleven 
hundred and ninety-eight feet to a stone bound at the in- 
tersection of said northerly side line with the easterly side 
line of a roadway ; thence northwesterly about ten hun- 
dred and forty feet along said easterly side line of said 



222 



Acts, 1905. — Chap. 307. 



Part of 
Loundary line 
between 
Mashpee and 
Sandwicli 
eBtabllshed. 



Part of 
Sandwich 
annexed to 
Maehpee, etc. 



Copy of plan 
to be filed. 



roadway to a stone bound ; thence north thirty-one degrees 
east, magnetic, ten hundred and eighty feet to a stone 
h(nTiid; thence south eighty-two degrees, forty-five minutes 
east, magnetic, two thousand one hundred thirty-one and 
four tenths feet to a stone bound; thence north seventy- 
two degrees, four minutes east, magnetic, twelve hundred 
and ninety-four feet, crossing Coombs' pond, to a stone 
bound in the westerly side line of a road leading from 
Santuit village to Mashpee village ; thence south sixty-one 
degrees fifty-five minutes east, magnetic, about five hun- 
dred and fifteen feet, to the centre of Santuit river at a 
corner of Barnstable, Mashpee and Sandwich opposite a 
stone bound on the westerly bank at a point about two 
hundred and sixty feet northerly from the bridge, cross- 
ing said river in said highway leading from Santuit to 
Mashpee. Said line is shown in detail on a plan marked 
" Plan showing a Detached Portion of the Town of Sand- 
wich, Set oft' from Mashpee under Act Chairter 87 Laws 
of 1810. And Being a Part of the Land Conveyed to 
Gideon Hawley, August 17, 1779, by the Overseers of 
the District of Mashpee, by Authority of a Resolve of 
the Great and General Court, Passed June 26, 1779. Sur- 
vey made July 1904 — Chas. M. Thompson, C. E. " 

Section 2. The area bounded by the above described 
lines and the Santuit river shall be a part of the town of 
Sandwich ; the remainder of the area which was annexed 
to the town of Sandwich by chapter eighty-seven of the 
acts of the year eighteen hundred and ten shall hereafter 
be a part of the town of Mashpee. 

Section 3. Said towns of Sandwich and Mashpee 
shall forthwith file with the secretary of the Common- 
wealth a copy of said plan. 

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

Approved April 20, 1905. 



Chap.307 -^^ -^CT relative to the support of wives axd minor 

CHILDREN BY PERSONS PLACED ON PROBATION. 



R. L. 212, § 45, 
amended. 



Be it enacted, etc., as follows: 

Section 1. Section forty-five of chapter two hundred 
and twelve of the Revised Laws is hereby amended by 
adding at the end thereof the following : — If a person 
punishable under the provisions of this section is placed 
on probation, the court may require, as a condition thereof^ 



Acts, 1905. — Chap. 307. 223 



that from time to time lie shall pay to his wife for her R- l- -n-i, § 45, 
support and for the support of his minor child such reason- ^^^ 
able sum as the court shall direct, or that he shall pay the 
same to the probation officer of said court, or to such other 
person as the court shall designate, for the support of the 
wife or child. The court may from time to time modify 
and change its decrees as the interests of justice require; 
and the court may, in its discretion, also require such 
person to give a bond, with sufficient sureties, payable to 
the justice thereof, and to his successors, that he will make 
the said payments. The bond shall be for an amount not 
exceeding two hundred dollars, and the court may, in its 
discretion, release such person upon his own recognizance 
in a sum not exceeding two hundred dollars, whenever the 
interests of justice so require. Suit may be brought upon 
the bond by any person authorized thereto by the court, 
and the proceeds of the suit shall be applied to the support 
of the wife or child as aforesaid, — so as to read as fol- 
lows : — Section Jf5. Whoever unreasonably neglects to Penalty for 
provide for the support of his wife or minor child shall wlfem^imnor* 
be punished by a fine of not more than twenty dollars or ^^^^'^' 
by imprisonment for not more than six months. All fines 
imposed under the provisions of this section may, in the 
discretion of the court, be paid in whole or in part to the 
city, town, corporation, society or person actually support- 
ing such wife or minor child at the time of making the 
comj^laint. Proof of neglect to provide for the support 
of a wife or minor child as aforesaid shall be prima facie 
evidence that such neglect is unreasonable. If a person support of 
punishable under the provisions of this section is placed minor rtiiidren 
on probation, the court may require, as a condition thereof, pLcld^on^ 
that from time to time he shall pay to his wife for her Probation, 
support and for the support of his minor child such reason- 
able sum as the court shall direct, or that he shall pay the 
same to the probation officer of said court, or to such other 
person as the court shall designate, for the support of the 
wife or child. The court may from time to time modify 
and change its decrees as the interests of justice require; 
and the court may, in its discretion, also require such per- 
son to give a bond, with sufficient sureties, payable to the 
justice thereof, and to his successors, that he will make 
the said payments. The bond shall be for an amount 
not exceeding two hundred dollars, and the court may, 
in its discretion, release such person upon his o^\^l recog- 



224 Acts, 1905. — Chaps. 308, 309. 

nizauce in a sum not exceeding two hundred dollars, when- 
ever tlie interests of justice so require. Suit may be 
broug'ht upon the bond by any person authorized thereto 
by the court, and the proceeds of the suit shall be applied 
to the support of the wife or child as aforesaid. 
When to take SECTION 2. This act shall take effect on the first day 
of July in the year nineteen hundred and five. 

Aj) proved April 20, 1905. 

(7A«79.308 Ax Act relative to the assigxmext of wages. 

Be it enacted, etc., as follows: 
Assigument of Xo assiffumcnt of future earnings, whether made bv the 

wiiffes not ,^ o '^ _ t/ 

valid unless, assigiior ill person or by attorney, shall be valid unless 
executed in writing, for a period not exceeding two years 
from the date of said assignment and of any power of 
attorney under which said assignment is made, nor unless 
said assignment and power of attorney bear the date of 
the execution thereof, nor unless made to secure a debt of 
an amount stated in the assignment with lawful interest, 
nor unless made to secure a debt contracted prior to or 
simultaneously with the execution of the assignment, and 
of any power of attorney under which said assignment is 
made, or a debt for necessaries thereafter to be furnished 
to the debtor to an amount stated in the assignment, nor 
shall such assignment be valid against a trustee process un- 
less before the service of the writ upon the alleged trustee 
it is recorded in the office of the clerk of the city or town 
where the assignor resides. Approved April 20, 1905. 

Chap.309 Ax^ Act to authorize the traxsfer of the fraxchise of 
the framingham gas, fuel axd power compaxy. 

Be it enacted, etc., as foUoivs: 

Franchise of Sectiox" 1. The rcccivers of the Framingham Gas, 

Gas, Fifei Fucl and Power Company are hereby authorized to sell 

Company may and transfer the franchise of said company to any gas 

be^tiansferre , (.Qj-^^pr^j^y j^qw or hereafter organized under the laws of 

Massachusetts, subject to any outstanding mortgage of 

said franchise, lawfully made by said company, whenever 

the said receivers shall be empowered so to do by an order 

or decree of the court by Avhich they were appointed. The 

purchaser shall hold and possess said franchise and all 



Acts, 1905. — Chap. 310. 225 

rights connected therewith, in the same manner in which 
the same have heretofore been held by the said Framing- 
ham Gas, Fnel and Power Company. 

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

Approved April 20, 1905. 

An Act relative to the licensing of engineers and (Jjinxt 310 

FIREMEN. 

Be it enacted, etc., as follows: 

Section 1. Section eighty-one of chapter one hundred amended'.^ ^^' 
and two of the Revised Laws is hereby amended by in- 
serting after the word " his ", in the fifth line, the word : 
— total, — and by striking out all after the word " ex- 
perience ", in the same line, down to and including the 
word " service ", in the sixth line, and inserting in place 
thereof the words : — Wilful falsification in the matter 
of statements contained in the application shall be deemed 
sufficient cause for the revocation of said license at any 
time, — so as to read as follows: — Section 81. Who- EnpjinccrBand 
ever desires to act as engineer or fireman shall apply for licensing, etc. 
a license therefor to the examiner of engineers for the 
city or town in which he resides or is employed, upon 
blanks to be furnished by the examiner. The applica- 
tion shall be accompanied by a fee of one dollar and shall 
show his total experience. Wilful falsification in the 
matter of statements contained in the application shall 
be deemed sufficient cause for the revocation of said license 
at any time. The applicant shall be given a practical ex- 
amination and, if found competent and trustworthy, he 
shall receive, within six days after the examination, a 
license graded according to the merits of his examination, 
irrespective of the grade of license for which he applies. 
The applicant shall have the privilege of having one per- 
son present during his examination, who shall take no part 
in the same, but who may take notes if he so desires. No 
person shall be entitled to receive more than one examina- 
tion within ninety days, except in the case of an appeal 
as hereinafter provided. A license shall continue in force 
for three years, or until it is revoked for the incompetence 
or untrustworthiness of the licensee; and a license shall 
remain revoked until a new license is granted. A license, 
unless revoked, shall be renewed by an examiner of en- 
gineers upon application and without examination, if the 



226 



Acts, 1905. — Chap. 310. 



R. L.102, §82, 
iiinendcd. 

Classes of 
licenses. 



R. L. 102, § S6, 
amended. 



application for renewal is made within six months after 
its expiration. If a new license of a different grade is 
issued, the old license shall be destroyed in the presence 
of the examiner. If a license is lost by fire or other 
means, a new license shall be issued in its place, without 
re-examination of the licensee, upon satisfactory proof of 
such loss to an examiner. 

Section 2. Said chapter one hundred and two is 
hereby further amended by striking out section eighty- 
two and inserting in place thereof the following : — Sec- 
tion 82. Licenses shall be granted according to the com- 
petence of the applicant and shall be distributed in the 
following classes : — Engineers' licenses : — First Class, 
to have charge of and operate any steam plant. Second 
class, to have charge of and operate a boiler or boilers, 
and to have charge of and operate engines, no one of which 
shall exceed one hundred and fifty horse power, or to 
operate a first class plant under the engineer in direct 
charge of the plant. Third class, to have charge of and 
operate a boiler or boilers not exceeding in the aggregate 
one hundred and fifty horse power, and an engine not ex- 
ceeding fifty horse power, or to operate a second class plant 
under the engineer in direct charge of the plant. Fourth 
class, to have charge of and operate hoisting and portable 
engines and boilers. Firemen's licenses : — Extra First 
class, to have charge of and operate any boiler or boilers. 
First class, to operate any boiler or boilers. Second class, 
to have charge of and operate any boiler or boilers where 
the pressure carried does not exceed twenty-five pounds 
to the square inch, or to operate high pressure boilers under 
the engineer or fireman in direct charge thereof. A per- 
son holding an extra first or first class fireman's license 
may operate a third class plant under the engineer in 
direct charge of the plant. A person who desires to have 
charge of or to operate a particular steam plant or type 
of plant may, if he files with his application a written 
request signed by the owner or user of said plant for such 
examination, be examined as to his competence for such 
service and no other, and if found competent and trust- 
worthy shall be granted a license for such service and no 
other. 

Section 3. Section eighty-six of said chapter one hun- 
dred and two is hereby amended by adding at the end of 
said section the words : — All members of the boiler in- 



Acts, 1905. — Chap. 311. 227 

spection department of the district police shall have au- 
thority in the pursuance of their duty to enter any premises 
on which a boiler or engine is situated, and any person who 
hinders or prevents or attempts to prevent any state boiler 
inspector from so entering shall be liable to the penalty as 
specified in this section, — so as to read as follows : — 
Section 86. The boiler inspection department of the dis- Boiler inspec- 
trict police shall act as examiners and enforce the provi- mentoftiic 
sions of the eight preceding sections and whoever violates to Mt'ae'" 
any of the provisions of said sections shall be punished enforcepro- 
by a fine of not less than ten nor more than three hundred visions, etc. 
dollars or by imprisonment for not more than three months. 
A trial justice shall have jurisdiction of complaints for 
violations of the provisions of the eight preceding sections, 
and in such cases, may impose a fine of not more than 
fifty dollars. All members of the boiler inspection de- 
partment of the district police shall have authority in the 
pursuance of their duty to enter any premises on which a 
boiler or engine is situated, and any person who hinders 
or prevents or attempts to prevent any state boiler in- 
spector from so entering shall be liable to the penalty as 
specified in this section. 

Section 4. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed: provided, hoivever, that this Proviso, 
act shall not apply to the exemptions specified in section 
seventy-eight of chapter one hundred and two of the Re- 
vised Laws or that such repeal shall not invalidate any 
license gran;ted under the acts repealed ; and licensees hold- 
ing licenses so granted shall have the powers given to 
licensees of the same class by section two of this act. 

SECTioisr 5. This act shall take effect on the first day when to take 
of July in the year nineteen hundred and five. 

Approved April 20, 1905. 

An Act relative to the registration of automobiles QJiap.Sll 

AND motor cycles AND TO THE LICENSING OF THE OPER- 
ATORS thereof. 

Be it enacted, etc., as follows: 

Section 1. In the administration of the law providing Registration of 

- •■• , 1-1 1 J 1 ^ r T automobiles, 

lor registering automobiles and motor cycles and lor licens- etc., oaths, 
ing operators thereof, any member of the Massachusetts * ^^^^y> 
highway commission, or its secretary, may administer 
oaths and take testimony; and any person who wilfully 



228 Acts, 1905. — CiiiVP. 311. 

swears or affirms falsely in regard to any matter or thing 
resjjccting which snch oath or affirmation is required by 
said commission shall be deemed guilty of perjury. 
1903, 473, §1, Section 2. Section one of chapter four hundred and 

aiuendeu. ^ . i i i i 

seventy-three oi the acts oi the year nineteen liundred and 
three is hereby amended by striking out the last sentence 
thereof and inserting in place thereof the following : — 
Upon the transfer of ownership of any automobile or 
motor cycle, its registration shall expire and the person 
in whose name such vehicle is registered shall immediately 
return the certificate of registration to the Massachusetts 
highway commission with a written notice containing the 
date of such transfer of ownership and the name, place 
of residence and address of the new owner. The Massa- 
chusetts highway commission, at its discretion, may assign 
to any person who so surrenders his registration certifi- 
cate and who desires to register another automobile or 
motor cycle the distinguishing number or mark described 
in the surrendered certificate. ISTo number or number 
plate other than those prescribed by the Massachusetts 
highway commission in its certificates of registration shall 
be displayed on any automobile or motor cycle operated 
in this Commonwealth : provided, lioivever, that any auto- 
mobile or motor cycle owned by a non-resident of this state 
who has complied with the laws relative to motor vehicles 
and the operation thereof of the state in which he resides 
may be operated by such owner on the roads and highways 
of this state for a period not exceeding fifteen days 
without the license, certificate of registration and number 
plates furnished by the Massachusetts highway commis- 
sion. Every such vehicle shall have disj)layed upon it the 
distinguishing number or mark of the state in which the 
owner thereof resides and none other until the vehicle is 
registered in accordance with the provisions of this sec- 
Registration of tion, — so as to read as follows: — Section 1. All auto- 

automoltiles ,., , iini • iii 

and motor mobilcs and motor cycles shall be registered by the owner 
■^ ^^' or person in control thereof in accordance with the pro- 

visions of this act. Application for such registration may 
be made, by mail or otherwise, to the Massachusetts high- 
way commission or any agent thereof designated for this 
purpose, upon blanks prepared under its authority. The 
application shall, in addition to such other particulars as 
may be required by said commission, contain a statement 
of the name, place of residence and address of the appli- 



Acts, 1905. — Chap. 311. ^29 

cant, with a brief description of the automobile or motor 
cycle, including the name of the maker, the number, if 
any, affixed by the maker, the character of the motor power, 
and the amount of such motor power stated in figures of 
horse power; and with such application shall be deposited ^ee.etc. 
a registration fee of two dollars. The said commission 
or its duly authorized agent shall then register, in a book 
to be kept for the purpose, the automobile or motor cycle 
described in the application, giving to such automobile or 
motor cycle a distinguishing number or other mark, and 
shall thereupon issue to the applicant a certificate of regis- 
tration. Said certificate shall contain the name, place of ^e.^gfrauon* 
residence and address of the applicant and the registered 
number or mark, shall prescribe the manner in which said 
registered numlier or mark shall be inscribed or displayed 
upon the automobile or motor cycle, and shall be in such 
form and contain such further provisions as the commis- 
sion may determine. A proper record of all applications Record of 
and of all certificates issued shall be kept by the commis- aiid cenirtcates 
sion at its main office, and shall be open to the inspection *° '^^ ^"^^*' ^^'^' 
of any jDerson during reasonable business hours. The cer- 
tificate of registration shall always be carried in some 
easily accessible place in the automobile or motor cycle de- 
scribed therein. Upon the transfer of ownership of any certificate to 
automobile or motor cycle, its registration shall expire and ccrtaiuwfseB, 
the person in whose name such vehicle is registered shall ^^' 
immediately return the certificate of registration to the 
Massachusetts highway commission with a written notice 
containing the date of such transfer of ownership and the 
name, place of residence and address of the new owner. 
The Massachusetts highway commission, at its discretion, 
may assign to any person who so surrenders his registra- 
tion certificate and who desires to register another auto- 
mobile or motor cycle the distinguishing number or mark 
described in the surrendered certificate. IsTo number or oniy number 
number plate other than those prescribed by the Massa- plate "m^ 
chusetts highway commission in its certificates of registra- commission to 
tion shall be displayed on any automobile or motor cycle |'e iiiepiayeci, 
operated in this Commonwealth: provided, however, that Proviso, 
any automobile or motor cycle owned by a non-resident of 
this state who has complied with the laws relative to motor 
vehicles and the operation thereof of the state in which 
he resides may be operated by such owner on the roads 
and highways of this state for a period not exceeding fif- 



230 



Acts, 1905. — Chap. 311. 



1903, 473, § 2, 
amended. 



Dietinguish- 
inj; numbers 
or marks may 
))e issued to 
manufacturers 
and dealers, 
etc. 



Fee for 
certi tlcate of 
registration. 
li)03, 473, § 4, 
amended. 



Licenses to be 
issued by tbe 
Massacliusetts 
liigliway coni- 
niission, etc. 



teen days without the license, certificate of registration and 
number plates furnished by the Massachusetts highway 
commission. Every such vehicle shall have displayed 
upon it the distinguishing number or mark of the state 
in which the owner thereof resides and none other until 
the vehicle is registered in accordance with the provisions 
of this section. 

Section 3. Section two of said chapter four hundred 
and seventy-three is hereby amended by striking out the 
word " license ", in the last sentence thereof, and inserting 
in place thereof the words : — certificate of registration, 
— so as to read as follows : — Section 2. Every manu- 
facturer of or dealer in automobiles or motor cycles may, 
instead of registering each automobile or motor cycle owned 
or controlled by him, make application upon a blank pro- 
vided by said commission for a general distinguishing 
number or mark, and said commission may, if satisfied 
of the facts stated in said application, grant said applica- 
tion, and issue to the applicant a certificate of registration 
containing the name, place of residence and address of 
the applicant, and the general distinguishing number or 
mark assigned to him, and made in such form and con- 
taining such further provisions as said commission may 
determine ; and all automobiles and motor cycles owned 
or controlled by such manufacturer or dealer shall, until 
sold or let for hire or loaned for a period of more than 
five successive days, be regarded as registered under such 
general distinguishing number or mark. The fee for every 
such certificate of registration shall be ten dollars. 

Section 4. Section four of said chapter four hundred 
and seventy-three is hereby amended by inserting after the 
word " each ", in the twenty-first line, the word : — origi- 
nal, — by inserting after the word " dollars ", in the same 
line, the words : — and the fee for the renewal of each 
license to operate for hire shall be fifty cents, — and by 
adding at the end of said section the words : — The pro- 
visions of this section shall not prevent the operation of 
automobiles by unlicensed persons if riding with or ac- 
companied by a licensed chauffeur or operator. The oper- 
ator's license shall always be carried by the licensee when 
he is operating an automobile or motor cycle, — so as to 
read as follows : — Section Jf. Licenses for operating au- 
tomobiles and motor cycles shall be issued by the Massa- 
chusetts highway commission or duly authorized agents 



Acts, 1905. — Chap. 311. 231 

thereof. Application shall be made upon blanks prepared 
by the commission for this purpose, and the licenses issued 
shall be in such form and shall contain such provisions as 
said commission may determine. To each licensee shall 
be assigned some distinguishing number or mark, and a 
proper record of all applications for license and of all 
licenses issued shall be kept by the commission at its main 
office, and shall be open to the inspection of any person 
during reasonable business hours. Each license shall state Form of 
the name, place of residence and address of the licensee '*^^°^^- 
and the distinguishing number or mark assigned to him. 
Special licenses for operating automobiles or motor cycles special 
for hire shall be issued by the commission, but no such ^°^'^^- 
license shall be issued until the commission or its author- 
ized agent shall have satisfied itself or himself that the 
applicant is a proper person to receive it. Such licenses Term, fee, etc. 
shall be granted for one year only. The fee for each 
original license to operate shall be two dollars, and the 
fee for the renewal of each license to operate for hire shall 
be fifty cents. All fees shall be deposited at the time 
of making the application. The commission may at any Licenses may 
time suspend or revoke any license for any misconduct etc^''^ "' ' 
of the licensee. Before a license to operate is granted, ^eTxamined. 
the applicant shall pass such examination as to his qualifi- 
cations as may be required by the state highway commis- 
sion. The provisions of this section shall not prevent the Not to prevent 

,• J! X 1 M 1 T 1 "J" • T the operation 

operation oi automobiles by unlicensed persons ii ridmg of antomoinies 
with or accompanied by a licensed chauffeur or operator, persons in^'*'^ 
The operator's license shall always be carried by the certain cases, 
licensee when he is operating an automobile or motor cycle. 

Section 5. Section nine of said chapter four hundred amended.^ ^' 
and seventy-three is hereby amended by inserting after the 
word " license ", in the third line, the words : — or cer- 
tificate, — by striking out the word " section ", in the 
third and fourth lines, and inserting in place thereof the 
words : — sections two and, — by striking out the word 
" shall ", in the sixth line, and inserting in place thereof 
the word : — may, — and by striking out all after the 
word " for ", in the eighth line, and inserting in place 
thereof the following: — a second offence, and not exceed- 
ing one hundred dollars for subsequent offences committed 
during each calendar year; and the penalties imposed for 
violations of any provision of this act for any calendar 
year shall be imposed without regard to violations thereof 



232 



Acts, 1905. — Chap. 311. 



Penalties. 



committed in any previous calendar year. Any person 
convicted of operating an automobile or motor cycle in 
this Commonwealth after his license to operate has been 
susjDended or revoked, and any person convicted of operat- 
ing or causing or permitting any other person to operate 
an automobile or motor cycle after the certificate of regis- 
tration for such vehicle has been suspended or revoked, 
shall be punished by a fine not exceeding one hundred 
dollars or by imprisonment for a term of ten days, or by 
both such fine and imprisonment, — so as to read as fol- 
lows : — Section 9. The commission may, after due hear- 
ing, suspend or revoke a certificate issued under section 
one of this act, or the license or certificate issued to any 
person under sections two and four of this act, for any 
cause whicii it may deem sufficient; and any person con- 
victed of violating any provision of this act may be pun- 
ished by a fine not exceeding twenty-five dollars for a 
first offence, and not exceeding fifty dollars for a second 
offence, and not exceeding one hundred dollars for sub- 
sequent offences committed during each calendar year ; and 
the penalties imposed for violations of any provision of 
this act for any calendar year shall be imposed without 
regard to violations thereof committed in any previous 
calendar year. Any person convicted of operating an au- 
tomobile or motor cycle in this Commonwealth after his 
license to operate has been suspended or revoked, and any 
person convicted of operating or causing or permitting any 
other person to operate an automobile or motor cycle after 
the certificate of registration for such vehicle has been 
suspended or revoked, shall be punished by a fine not ex- 
ceeding one hundred dollars or by imprisonment for a 
term of ten days, or by both such fine and imprisonment. 
Section 6. A full record shall be kept by every court 
or trial justice in this Commonwealth of every case in 
which a person is convicted under the provisions of said 
chapter four hundred and seventy-three or of any other 
act relative to automobiles or motor cycles, and a certified 
copy of such record shall be sent forthwith by the court 
or trial justice to the Massachusetts highway commission. 
Said courts and trial justices shall furnish to the Massa- 
(Vi'taiisof cer'*^ chusctts highway commission the details of any particu- 
tain cases, etc. larly flagrant cases which may be heard before them, and 
they may make such recommendations to said commission 
as to the suspension or revocation of the license or cer- 



Record of 
cases of con- 
viction to be 
kept, etc. 



Iliifhway com- 
mission to be 



Acts, 1905. — Chaps. 312, 313. 233 

tificate of registration of the persons defendant in such 
cases as they may deem necessary. Said commission shall 
keep such records in its main office, and they shall be open 
to the inspection of any person during reasonable business 
hours. 

Section 7. Section six of chapter four hundred and Repeal, 
seventy-three of the acts of the year nineteen hundred and 
three is hereby repealed. Approved April 20, 1905. 

An Act to authorize the city of newburyport to raise ni^nj. qi o 

MONEY IN excess OF ITS TAX LIMIT FOR FIRE PROTECTION ^ * 

AND FOR USE OF WATER IN PUBLIC BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. The city of ISTewburyport may, for a period ^unportl^ay 
of ten years, raise annually, by taxation, in excess of the raise certain 

-,. . f, . '^i, '' . -. . I sums lor Are 

statutory limit oi taxation for said city, a sum not exceed- protection, etc. 
ing five thousand dollars, for fire protection and for use 
of water in public buildings. 

Section 2. All moneys so raised shall be paid to the to be ex- 
board of water commissioners of ISTewburyport, and shall mltintenmi'ce,''^ 
be expended by them for the maintenance, reconstruction ^-ewinn-yport 
or extension of the J^ewburyport water works. waterworks. 

Section 3. jSTothing in this act shall be construed as Amount to be 
permitting the board of water commissioners of l^ewbury- new'^'-onstruc- 
port to expend more than ten thousand dollars for new ye!u"iinited."^ 
construction in any one year. 

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

Approved April 20, 1905. 

An Act relative to voting machines, ballot boxes and /^/i^/^^qiq 
counting apparatus. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Section three of chapter three hundred loon, 3G8 §3, 

. ' ^ c ^ ci • 111 amended. 

and sixty-eight of the acts oi the year nineteen hundred 
and three is hereby amended by inserting after the word 
" expense ", in the fifth line, the words : — Such persons 
shall also give a bond with sufficient sureties, conditioned 
to defend and indemnify cities and towns purchasing and 
using voting machines, counting machines or ballot boxes, 
against any suit at law or in equity, and for any expense, 
damage or inconvenience which they may incur or suffer 



234 



Acts, 1905. — Chap. 314. 



Persons of 
whom voting 
machines are 
purchased to 
give bonds, 
etc. 



Repeal. 



R. L. 11,§273, 
amended. 



Regulations 
for the use of 
voting 
machines, 
ballot boxes, 
etc. 



by reason of any suit brought against them for infringe- 
ment of patents, arising from the purchase or use of such 
machines or ballot boxes, — so as to read as follows : — 
Section 3. When voting machines are purchased by a 
city or town the persons of whom the purchase is made 
shall give to the city or town clerk a bond with sufficient 
sureties to keep such machines in working order for two 
years at their own expense. Such persons shall also give 
a bond with sufficient sureties, conditioned to defend and 
indemnify cities and towns purchasing and using voting 
machines, counting machines or ballot boxes, against any 
suit at law or in equity, and for any exjDcnse, damage or 
inconvenience which they may incur or suffer by reason 
of any suit brought against them for infringement of pat- 
ents, arising from the purchase or use of such machines 
or ballot boxes. Section two hundred and seventy-two of 
chapter eleven of the Revised Laws is hereby repealed. 

Section 2. Chapter eleven of the Revised Laws is 
hereby amended by striking out section two hundred and 
seventy-three and inserting in place thereof the following: 
— Section 273. The secretary of the Commonwealth 
shall make regulations for the use of the machines, ballot 
boxes and counting apparatus approved by the state board 
of voting machine examiners, and shall prepare and fur- 
nish suitable instructions for the voters in cities and towns 
in which such machines, ballot boxes and counting ap- 
paratus are used. 

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

Approved April 20, 1905. 



C/i«79.314 ^^N Act to authorize the laying of water pipes or mains 

IN, UNDER OR OVER THE WATERS OF THE MERRIMAC RIVER. 



City of HaTer- 
lilll may- 
lay water 
pipes, etc., in, 
uniler or over 
the waters of 
Merrimac 
river. 



Be it enacted, etc., as follows: 

Section 1. The city of Haverhill and the board of 
water commissioners thereof in exercising the powers or 
discharging the duties conferred and imposed by chapter 
three hundred and ten of the acts of the year eighteen hun- 
dred and eighty-six, and by chapter three hundred and 
forty-eight of the acts of the year eighteen hundred and 
ninety-one, and by acts in amendment thereof or in addi- 
tion thereto, may carry and conduct any aqueduct, con- 
duit, pipe, drain or wire in, under or over the waters of 



Acts, 1905. — Chaps. 315, 316. 235 

the Merrimac river by such methods and in such manner 
as the board of harbor and land commissioners shall ap- 
prove. 

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

Approved April 20, 1905. 



An Act to prohibit the admission of foreign fraternal QJiap.Sli) 

BENEFICIARY CORPORATIONS TO DO BUSINESS IN MASSACHU- 
SETTS UNDER A NAME IN USE BY A DOMESTIC CORPORATION 
OR LIABLE TO BE MISTAKEN THEREFOR, 

Be it enacted, etc., as follows: 

;N'o fraternal beneficiary corporation shall be admitted f,?^^\^^x ,3ene. 
to do business in this Commonwealth under a name in use ^'.'jfj^g^^^^'^o 
by a corporation organized under the laws of this state, <io ijusiiiess in 
or under a name so similar thereto as to be liable to be under certain 
mistaken for it, except with the consent in writing of such "''^■"'^^•** 
corporation. The supreme judicial court and the superior 
court shall have jurisdiction in equity to enforce the pro- 
visions of this act. Approved April 20, 1905. 



An Act to prohibit certain immoral practices. (7/^««.316 

Be it enacted, etc., as follows: 

Section sixteen of chapter two hundred and twelve of amended.^ ^^' 
the Revised Laws is hereby amended by inserting after 
the word " child ", in the eleventh line, the words : — or 
of preventing, or which is represented as intended to pre- 
vent, pregnancy, — so as to read as follows: — Section vmraij tov 
16. "\\Taoever knowingly advertises, prints, publishes, dis- et(Cnoti"t%' 
tributes or circulates, or knowingly causes to be advertised, t^ pVoci,re''"^ 
printed, published, distributed or circulated, any pam- abortion, etc. 
phlet, printed paper, book, newspaper, notice, advertise- 
ment or reference, containing words or language giving 
or conveying any notice, hint or reference to any person, 
or to the name of any person, real or fictitious, from 
whom, or to any place, house, shop or office where, any 
poison, drug, mixture, preparation, medicine or noxious 
thing, or any instrument or means whatever, or any ad- 
vice, direction, information or knowdedge, may be obtained 
for the purpose of causing or procuring the miscarriage 
of a Avoman pregnant with child or of preventiug, or 
which is represented as intended to prevent, pregnancy, 



236 



Acts, 1905. — Chap. 317. 



shall be punished by imprisonment in the state prison or 
jail for not more than three years or by a fine of not 
more than one thousand dollars. 

Approved April 21, 1905. 



Unnaturalized, 
t'ort'iirn born 
persous not to 
hunt unless 
licensed. 



Licenses to be 
issued by city 
and town 
clerks upon 
application, 
etc. 



Chap.317 An Act to provide for granting to unnaturalized, for- 
eign BORN PERSONS LICENSES TO HUNT. 

Be it enacted, etc., as follows: 

Section 1. It shall be unlawful for any unnatural- 
ized, foreign born person to hunt anj^vhere within the 
limits of the Commonwealth, unless he is licensed so to 
do as hereinafter provided. 

Section 2. City and town clerks shall, upon the ap- 
plication of any unnaturalized, foreign born person who 
is a resident of the city or town in which the application 
is made, and upon the payment of a fee of fifteen dollars, 
issue to such person a license, upon a form to be supplied 
by the commissioners on fisheries and game, bearing the 
name, age and place of residence of the licensee, with a 
description of him, as near as may be, and authorizing the 
said licensee to hunt and to kill game on any lands in 
which such hunting or killing is not forbidden by law 
or by written or printed notices posted thereon by the 
owner, lessee or occupant thereof. Such license shall be 
good only for that period of the year when game may law- 
fully be killed, and shall authorize the hunting or killing 
of game only under such restrictions and for such pur- 
poses as are imposed or authorized by law. The said 
license shall not be transferable, and shall be exhibited 
upon demand to any of the commissioners on fisheries 
and game or their deputies, and to any game warden or 
deputy game warden, and to any sheriff, constable, police 
officer or other officer qualified to serve process. The fees 
received for the said licenses shall annually be paid into 
the treasury of the Commonwealth. 

Section 3. 
voked by the city or town clerk issuing the same in case 
the licensee is convicted of a violation of the fish and 
game laws, or of hunting upon Sunday in violation of 
law. 

Section 4, It shall be the duty of the commissioners 
on fisheries and game, upon request by any city or town 



Not transfer- 
able, etc. 



Licenses to be 
revoked in 
certain cases. 



Forms to be 
furnished by 
commissioners 



A license granted hereunder shall be re- 



Acts, 1905. — CnAr. 318. 237 

clerk, to supply such clerk with license forms prepared in on fisheries 

' .,, •• r ^ • ^'^^^ game. 

accordance with the provisions oi this act. 

Section 5. Whoever violates any provision of this act Penalty, 
shall be punished by a fine of not less than ten nor more 
than fifty dollars. Approved April 21, 1905. 



Aisr Act relative to the listing and registration of ChdpSyiS 

VOTERS IN the CITY OF BOSTON. 

Be it enacted, etc., as follows: 

Section 1. Section thirteen of chapter two hundred amendwi.^ ^^' 
and seventy-nine of the acts of the year nineteen hundred 
and three is hereby amended by striking out the said sec- 
tion and inserting in place thereof the following : — Sec- Penalty for 
tion 13. Whoever in Boston, being an inmate of a build- information, 
ing and a male resident twenty years of age or upward, ^ 
refuses or neglects to give his true name, when asked by 
a member of the board of police or a police officer acting 
under this act, or whoever, being an owner or occupant 
of a building, or a clerk, superintendent, manager or 
other person having in charge the affairs of a hotel or 
lodging house, refuses or neglects to give the full and true 
information within his knowledge relating to all jDcrsons 
residing in such building, when asked by a member of 
the board of police or a police officer acting under this 
act, shall be punished by imprisonment for not more than 
three months. 

Section 2. Section four of said chapter two hundred etc^.'lmenik'd. 
and seventy-nine, as amended by section five of chapter 
two hundred and forty-five of the acts of the year nine- 
teen hundred and four, is hereby further amended by 
striking out the word " tenth ", in the last line but one 
of the third paragraph, and inserting in place thereof the 
word : — twentieth, — so that the paragraph as amended 
will read as follows : — If the board of police, after in- Certificate of 
vestigation, is satisfied that such statements are true, it be given, etc. 
shall give such applicant a certificate that he was a resi- 
dent 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 cer- 
tificate shall state liis name, age, occupation and residence 
on the first day of May in the current year or on the 
above date, as the case may be, and his residence on the 



238 



Acts, 1905. — Chats. 319, 320. 



first day of May in the preceding year; but no such ap- 
plication 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 twentieth day of September. 
Section 3. This act shall take effect upon its passage. 

Approved April 21, 1905. 



R. L. 219, § 22, 
amended. 



Appeals in 
criminal cases. 



CAa29.319 An Act relative to appeals to the superior court in 

CRIMINAL CASES. 

Be it enacted, etc., as follows: 

Section twenty-two of chapter two hundred and nine- 
teen of the Revised Laws is hereby amended by inserting 
after the word " court ", where it first occurs in tlie third 
line, the words : — and at the time of conviction shall be 
notified of his right to take such appeal, — so as to read 
as follows : — Section 22. Whoever is convicted of a 
crime before a police, district or municipal court or trial 
justice may appeal to the superior court, and at the time 
of conviction shall be notified of his right to take such 
appeal. The case shall be entered in the superior court 
on the return day next after the appeal is taken, and the 
appellant shall be committed to abide the sentence of 
said court until he recognizes to the Commonwealth, in 
such sum and with such surety or sureties as the court 
or trial justice requires, with condition to appear at the 
superior court on said return day and at any subsequent 
time to which the case may be continued, if not previously 
surrendered and discharged, and so from time to time 
until the final sentence, order or decree of the court 
thereon, and to abide such final sentence, order or decree, 
and not depart without leave, and in the meantime to 
keep the peace and be of good behavior. The appellant 
shall not be required to advance any fees upon claiming 
his appeal or in prosecuting the same. 

Approved April 21, 1905. 



Cha2).320 An Act to extend the age for compulsory attendance 

IN THE PUBLIC SCHOOLS IN CERTAIN CASES. 

Be it enacted, etc., as folloivs: 

Section 1. Section one of cha]~)ter forty-four of the 



K. L. 44, § 1, 
amended. 



Revised Laws is hereby amended by inserting after the 



Acts, 1905. — Chap. 320. 239 

word " age ", in the second line, the words : — and every 
child under sixteen years of age who cannot read at sight 
and write legibly simple sentences in the English lan- 
suae'e, — so as to read as follows: — Section 1. Every certain chu. 
child between seven and fourteen years of age, and every school, 
child under sixteen years of age who cannot read at sight 
and write legibly simple sentences in the English lan- 
guage, shall attend some public day school in the city 
or town in which he resides during the entire time the 
public day schools are in session, subject to such excep- 
tions as to children, places of attendance and schools as 
are provided for in section three of chapter forty-two and 
sections three, five and six of this chapter. The super- 
intendent of schools or, if there is no superintendent of 
schools, the school committee, or teachers acting under 
authority of said superintendent or committee, may ex- 
cuse cases of necessary absence. The attendance of a 
child upon a public day school shall not be required if 
he has attended for a like period of time a private day 
school approved by the school committee of such city or 
town in accordance with the provisions of the following 
section, or if he has been otherwise instructed for a like 
period of time in the branches of learning required by 
law to be taught in the public schools, or if he has already 
acquired such branches of learning, or if his physical or 
mental condition is such as to render such attendance in- 
expedient or impracticable. Every person having under Penalties. 
his control a child as described in this section shall cause 
him to attend school as herein required; and if he fails 
for five day sessions or ten half day sessions within any 
period of six months while under such control to cause 
such child, whose physical or mental condition is not such 
as to render his attendance at school harmful or impracti- 
cable, so to attend school, he shall, upon complaint by a 
truant officer and conviction thereof, be punished by a 
fine of not more than twenty dollars. Whoever induces 
or attempts to induce a child to absent himself unlawfully 
from school, or employs or harbors a child who, wdiile 
school is in session, is absent unlawfully from school shall 
be punished by a fine of not more than fifty dollars. 

Section 2. This act shall take effect on the first day when to take 
of January in the year nineteen hundred and six. ^ ^*^*' 

Approved April 21, 1905. 



240 



Acts, 1905. — Chaps. 321, 322. 



Clerks of 
euperior court 
to make an 
annual return 
of cases to the 
secrctiiry ot 
the Common- 
wealth. 



Cha2).S21 An Act to provide for publishing statistics relative 

TO THE trial OF CASES IN THE SUPERIOR COURT. 

Be it enacted, etc., as folloivs: 

Section 1. The clerks of the superior court for the 
several counties and the clerk of the superior court for 
civil business in the county of Suffolk shall annually in 
July make returns for the last preceding year, ending 
June thirtieth, to the secretary of the Commonwealth, 
upon suitable blank forms which shall be provided by him, 
of the number of jury cases, of jury waived cases and of 
"equity suits pending at the beginning of each year ; of 
the number of each of said three classes of cases entered 
during the year; of the number of cases of each class 
actually tried during the year; of the number of cases 
of each class disposed of during the year by agreement of 
the parties or by order of the court ; of the number of 
cases of each class remaining untried at the end of the 
year; of the number of cases wherein the verdict of the 
jury has been set aside by the court on the ground that 
it was excessive ; and of the number of days during which 
the court has sat in each county for the hearing of each 
of said three classes of cases. 

Section 2. The secretary shall annually prepare from 
said returns abstracts and tabular statements of the facts 
relative to the same for each county, and shall embody 
them in his annual report to the general court. 

Approved April 21, 1905. 



Secretary to 
publish 
abstracts, etc. 



Cliap.^'l'2i An Act to provide for additional clerical assistance 

FOR TPIE treasurers OF THE COUNTIES OF ESSEX AND MID- 
DLESEX. 

Be it enacted, etc., as folloivs: 

Section 1. The treasurer of the county of Essex shall 
be allowed one thousand dollars for such clerical assist- 
ance as may be approved by the county commissioners of 
the said county. 

Section 2. The treasurer of the county of Middlesex 
county, clerical shall be allowed twelve hundred dollars for such clerical 

HSSISLmIICC* , lit • • 

assistance as may be approved by the county commission- 
ers of the said county. 

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

Approved April 21, 1905. 



Treasurer of 
Essex county, 
clerical 
assistance. 



Treasurer of 
Middlesex 



Acts, 1905. — Chaps. 323, 324, 325. 211 



An Act to provide for the appointment op a second r<]jf,j^ qoq 

ASSISTANT REGISTER OF PROBATE AND INSOLVENCY FOR THE ^ ' 

COUNTY OF MIDDLESEX. 

Be it enacted, etc., as follows: 

Section 1. The judges of probate and insolvency for second assist- 
tlie county of Middlesex may aj^point a second assistant probate? etc," 
register of probate and insolvency for said county, who countyr'^ 
shall hold office for three years unless sooner removed by saVary"*etc.°*' 
the judges. He shall receive an annual salary of twenty- 
three hundred dollars, to be paid from the treasury of the 
Commonwealth, but in all other respects he shall be sub- 
ject to the provisions of the Revised Laws and of all acts 
in amendment thereof or in addition thereto relative to 
assistant registers of probate and insolvency. The sign- 
ing of the name of said second assistant register, followed 
by the designation, — Assistant Kegister, — shall be a 
sufficient official signature. 

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

Approved April 21, 1005. 

An Act relative to trustee process. (7/iar).324 

Be it enacted, etc., as follows: 

When a common carrier, summoned as trustee in an common 

,• ,1 i*i' • J. • 11- J carrier not to 

action at law, has m his or its possession goods shipped i,e iieui liable 

by or consigned to a defendant in such action, such car- cases!'^'"'^ 

rier, in the absence of collusion or fraud on his or its 

part, shall not be held liable to the owner or consignee 

by reason of his or its failure to transport and to deliver 

said goods until the attachment is dissolved or the carrier 

is discharged as trustee. Approved April 21, 1905. 



An Act relative to the redemption of land taken or {Jhajy 325 

SOLD FOR the PAYMENT OF TAXES. 

Be it enacted, etc., as follows: 

Section 1. The first paragraph of section fifty-eight R- T..ia, § 5s, 
of chapter thirteen of the Revised Laws is hereby amended amended, 
by striking out the words " with ten per cent interest 
thereon, and ", in the seventh line, and by inserting after 
the word " fees ", in the eighth line, the words : — and 
interest on the whole at the rate of eight per cent per 



242 



Acts, 1905. — Chap. 325. 



Land taken or 
sold for pay- 
ment of taxes 
may be re- 
deemed within 
two years. 



R. L. 13, § 61, 
etc., amended 



Disposition 
of money 
received, etc. 



annum, — by striking out the words " with ten per cent 
interest thereon", in the ninth and tenth lines, and by 
inserting after the word " him ", in the tenth line, the 
words : — and interest on the whole at the rate of eight 
per cent per annum, — by striking out the words " not 
more than three dollars ", in the eleventh line, and by 
striking out the words "for a deed of release and for 
the ", in the twelfth line, and inserting in place thereof 
the words : — and for a deed of release not more than 
three dollars in the aggregate; and in addition thereto 
the actual, — so that said paragraph will read as follows: 
— Section 58. The owner of land taken or sold for 
payment of taxes, including those assessed under the pro- 
visions of sections sixteen, seventeen and eighteen of chap- 
ter twelve, or his heirs or assigns, may, within two years 
after the taking or sale, redeem the same by paying or 
tendering to the collector, if the estate has been taken or 
purchased by the city or town, the amount of the tax, 
all intervening taxes, charges and fees, and interest on the 
whole at the rate of eight per cent per annum; or by 
paying or tendering to the purchaser, or his legal repre- 
sentatives or assigns, the original sum and intervening 
taxes paid by him and interest on the whole at the rate 
of eight per cent per annum. In each case he shall also 
pay for examination of the title and for a deed of release 
not more than three dollars in the aggregate ; and in addi- 
tion thereto the actual cost of recording the tax deed or 
evidence of taking, and shall be credited with any rents 
and profits received by the purchaser. 

Section 2. Section sixty-one of said chapter thirteen, 
as amended by section one of chapter four hundred and 
forty-three of the acts of the year nineteen hundred and 
two, is hereby amended by striking out the word " ten ", 
in the fifteenth line, and inserting in place thereof the 
w^ord : — eight, — so as to read as follows : — Section 61. 
Said collector shall receive any money so paid and give 
to the person paying it a certificate specifying the amount 
paid, the name of the person to whom and the real estate 
on which the tax was originally assessed, and the registry 
of deeds and the book and page of the records therein 
where the collector's deed is recorded ; and the recording 
of the certificate in said registry shall extinguish all right 
and title acquired under the collector's deed. The col- 
lector shall on demand pay over all money so paid, to the 



Acts, 1905. — Chap. 326. 243 

person entitled thereto as determined by him, except that 
he shall retain one dollar to be accounted for for the use 
of the city or town, and if the amount so paid is less than 
the purchaser was entitled to, the balance with interest at 
eight per cent per annum may after demand therefor 
be recovered by said purchaser against the person paying 
such amount, in an action of contract, if such action is 
commenced within three months after such pajTuent to 
the collector. 

Section 3. Section seventy-five of said chapter thir- r. l. 13, § 75, 
teen is hereby amended by striking out the word " five ", '°'*^'^''^ 
in the third line, and inserting in place thereof the word: 
— six, — so as to read as follows : — Section 75. The Jurisdiction 
supreme judicial court and the superior court shall have ^'^^'i^^^y- 
jurisdiction in equity in all cases of taking or sale of 
land for the payment of taxes if relief is sought within 
six years after the taking or sale. 

Approved April 21, 1905. 

An Act relative to the settlement of certain trust (JJki^j 326 

ESTATES. 

Be it enacted, etc., as follows: 

Section 1. If a trustee appointed under a will by a certain per- 
probate court of the Commonwealth holds trust estate the petftion tor'^ 
final disposition of which depends upon the death of a onrustestate 
beneficiarv, hereinafter called the absentee, who has dis- ''^ '}'J?*'°*®*' '"^ 

i^i TT .1 f. ^ A certain cases. 

appeared, absconded or is absent from the Commonwealth, 
or has disappeared or absconded from the place without 
the Commonwealth where he was last known to be, and 
has no known agent in the Commonwealth, and it is not 
kno^vn by the petitioner where he is, and the date of such 
disappearance or absconding and of the time when it was 
last known by the petitioner w^here he was and when he 
was last heard from or heard of shall have been more than 
fourteen years before the filing of the hereinafter de- 
scribed petition, such trustee, or any person who would 
be interested in the trust estate or any portion thereof, 
if such absentee were dead, may file a petition under oath 
in the probate court for the county in which such trustee 
was appointed, stating to the best of the knowledge and 
belief of the petitioner the name, age, last known occu- 
pation, last known residence and address and last place 
where he was known to be, of such absentee, the date and 



2M 



Acts, 1905. — Chap. 326. 



Certain per- 
sons may llle 
yietition for 
the transfer 
of trust estate 
of absentee in 
certain cases. 



Notice to be 
issued or 
subpo-na 
served, etc. 



oirciimstances of his disappearance or absconding, and the 
names and residences of his wife, children and issue at 
the time of his disappearance or since, and of those who 
would have been his heirs at law and next of kin if he had 
died at the time of filing the petition, and the names and 
residence of the family of such absentee, and of other 
persons of whom inquiry may be made, and containing a 
schedule or statement of such trust estate, real and per- 
sonal, so far as the same is known, and the names and 
residence, so far as they are kno^vn, of the persons who 
would be entitled to the trust estate if said absentee had 
died intestate within this Commonwealth on the day four- 
teen years after the date of his disappearance. Such pe- 
tition shall contain, as j^arties, the name of such trustee 
and of such absentee and the names and residences, so 
far as they may be known to the petitioner, of the per- 
sons who would be entitled to the trust estate if such 
absentee had died intestate within this Commonwealth on 
the day fourteen years after the date of his disappearance, 
and of the persons who under his will or otherwise would 
be entitled to the trust estate if he had then died, and 
the description of the class of persons, if their names or 
existence are unknown, who might be entitled as afore- 
said, and all persons whom it may concern, excepting how- 
ever any of such persons or parties who are petitioners, — 
and shall pray that the trust estate, both principal and 
any accumulations from unpaid income or otherwise, shall 
be transferred to the persons as trustees who would be 
entitled to such trust estate if such absentee had died 
within this Commonwealth on the day fourteen years 
after the date of his disappearance, and in the proportions 
to which each would be entitled. 

Section 2. If the petition shall be brought by such 
trustee, the court shall issue a notice as hereinafter pro- 
vided. If it shall be brought by a person other than the 
trustee, a subpoena shall be served upon the trustee as 
required by law in equity suits, and upon proof of the 
existence of such trust estate as aforesaid by answer of 
such trustee or otherwise, which answer shall be filed 
within one month after the return day of such subpoena 
and shall set forth a schedule or statement of such trust 
estate, the court shall issue a notice as hereinafter pro- 
vided. The notice issued by the court shall recite the 
substance of the petition, and shall be addressed to such 



Acts, 1905. — Chap. 326. 245 

absentee and to all persons who claim an interest in said 
trust estate, and to all whom it may concern, and to all 
the persons and classes of persons named as respondents 
in the petition, citing them to appear at a time and place 
named and show cause why said estate should not be held 
and disposed of under the provisions of this act. 

Section 3. The return day of said notice shall be not ^^^^"1^° a,Ki' 
less than six months after the date of such order. The puijiication of 

llOtlCG. 

court shall order a copy of said notice to be served on all 
of said parties who may reside within the Commonwealth, 
within sixty days after the date of such notice. Said 
notice shall be published in one or more newspapers 
within the Commonwealth, and also, if within the United 
States, in one or more newspapers, if any such there be, 
in the city or town, or in the county, in case there is no 
newspaper published in such city or town, in which the 
absentee last resided or was known to have last been, 
either temporarily or permanently. Such publication 
shall be at least once in each of three successive weeks, 
within thirty days after the date of the order in such 
newspaper or newspapers published within the Common- 
wealth, and within sixty days after the date of the order 
in such newspaper or newspapers published without the 
Commonwealth, and a copy of the notice shall be mailed 
within thirty days after the date of the order to the last 
known address of such absentee. The court may order 
other and further notice to be given within or without 
the Commonwealth. Proof of such service shall 1)0 made 
by affidavit, or in such other manner as the court may 
order. 

Section 4. The respondents and the absentee and any certain per- 
person, whether named in the petition or notice or not, appear^a^nd 
who claims an interest in any of the estate may appear etc/^° -I'lswer, 
and show cause why the prayer of the petition should not 
he granted, and may appear and file an answer on or 
before the return day or within such further time as the 
court may allow. By the description in the notice, " to 
all whom it may concern ", all the world are made parties 
defendant and shall bo concluded by the order or decree. 

Section 5. The court may appoint a suitalde per- Guardians ad 
son or persons to appear and act in said proceedings as a\.\roiS, etc. 
guardian ad litem for minors and for all persons and 
classes or descriptions of persons uiuler disability or not 
ascertained or unknown or not in l)ein2; or out of the Com- 



246 



Acts, 1905. — Chap. 326. 



Court to find 
certain facts 
and to order 
transfer of 
trust estate in 
certain cases, 
etc. 



Court may 
authorize sale 
of trust estate, 
etc. 



New trustees 
to give bond 
for tlie i>ay- 
nient of fund 
to persons law- 
fully entitled 
thereto, etc. 



monwealth, and who under the provisions of the will in 
regard to said trust estate or otherwise may be or may 
become interested in said trust estate, and the court shall 
appoint a suitable person to appear and act therein as 
guardian ad litem of said absentee. An order or decree 
in such proceedings, made after such appointment, shall 
be conclusive upon all persons for whom such guardian 
ad litem was appointed. 

Section 6. The court shall find the date of the dis- 
appearance or absconding of the absentee, and any other 
material facts. If the court shall find that such dis- 
appearance has been continuous for more than fourteen 
years next preceding the filing of the petition, and that 
upon the evidence presented the absentee has not been 
heard from or knoAvn of within such fourteen years, and 
that the facts found warrant a presumption of death, the 
court shall order the trust estate to be transferred to the 
persons as trustees to whom, and at the time or times and 
in the shares and proportions in which, it would under the 
provisions of the trust of said property as set forth in the 
will, be distributed if said absentee had died within this 
Commonwealth on the day fourteen years after the date 
of the disappearance or absconding, as found and recorded 
by the court. And by such order all the right, title and 
interest of said absentee in said trust estate and of all 
other persons, except those to whom as trustees said trust 
estate is to be turned over and paid in pursuance of said 
order, shall, as against the said trustee appointed under 
the will by the probate court, be barred, and no action, 
suit or petition in any form shall be begun by, or for the 
benefit of, such absentee or such other persons against the 
said trustee for or on account of said trust estate or its 
proceeds ; and the court may authorize the trustee to sell 
at public or private sale the said trust estate or any part 
thereof and to convert it into money in order to make 
transfer thereof as aforesaid. 

Section 7. Upon the transfer in pursuance of such 
decree to each of such new trustees of his portion of the 
trust estate or fund, he shall give a bond to be filed in 
the court in said case, in such sum and with or without 
sureties as the court may order, to the judge of said court 
and his successors in said office and with condition sub- 
stantially that he will pay and deliver to such absentee, 
if living, or to any persons claiming under him, as his 



Acts, 1905. — Chap. 326. 247 

heirs at law or as named in his will as the recipient of 
such trnst estate under the exercise of any power of ap- 
pointment by the said absentee or persons otherwise claim- 
ing the fund, the fund which such trustee has received, 
with the accumulations thereof, if any, less reasonable 
disbursements and compensation, if in the suit on said 
bond such absentee or other person shall be found to be 
lawfully entitled to said trust estate or fund ; and such 
bond may be put in suit by such absentee or other persons 
for his or their own benefit. In every action on such i^naorged by 
bond the writ shall be indorsed by the persons for whose <"erta!n per- 

•^ . i. sons m action 

benefit or at whose request the action is brought or by on bond, etc. 
their attorney, and the indorsers shall be liable for the 
costs of the suit, and execution therefor shall be issued 
against them and not against the judge of said court. 

Section 8. Such new trustee so to be appointed as Liability and 
aforesaid shall -be liable only for gross negligence, and trustee.'' °^^ 
shall have full power in his discretion to invest and re- 
invest the trust fund or estate delivered to him and to 
sell real and personal estate at public auction or private 
sale and to execute such instruments as may be necessary 
to transfer the title thereto, and no purchaser shall be 
obliged to see to the application of the purchase money. 
If such new trustee shall die before the expiration of the 
six years hereinafter named, his executor or administrator 
shall be liable as such on the bond herein required. 

Section 9. After the expiration of six years after the No suit, etc., to 
filing of said bond by said trustee no action, suit or peti- a|a^n°t new 
tion in any form shall be brought against such new trustee ^"^years"^^ 
on said bond or otherwise by said absentee or person claim- 
ing under him or otherwise claiming the estate in the 
hands of such new trustee. 

Section 10. This act shall apply to existing trusts To apply to 
heretofore established as well as to trusts hereafter estab- Sistin^Tor 

liolnprl hereafter 

lisneu. established. 

Section 11. If during the continuance or upon the Trust estates 
termination of a trust under a will or written instrument truiutedto 
one of the beneficiaries, hereinafter called the absentee, fiHariesTir' 
has disappeared, absconded, or is absent from the Com- ^»'^*"" cases, 
monwealth, or has disappeared or absconded from the 
place without the Commonwealth where he was last known 
to be, and has no known agent in the Commonwealth, and 
it is not known by the petitioner where he is, and the date 
of such disappearance or absconding, and of the time when 



248 



Acts, 1905.— Chap. 327. 



Where peti- 
tion sliall be 
brought. 



Court may 
decree that 
income shall 
be paid to cer- 
tain persons. 



it was last known by the petitioner where he was and when 
he was last heard from or heard of, shall have been more 
than fourteen years before the filing of the petition herein 
provided for, the trustee may pay the income or distribute 
the trust estate to the known beneficiaries in the propor- 
tions to which they would be entitled if such absentee was 
present in this Commonwealth, and as to the remaining 
part to which such absentee would be entitled if present, 
such trustee or any j^erson who would be interested in 
the share of such absentee if he were dead, may take like 
proceedings with reference to such share as are herein- 
before provided for in cases where the final disposition 
of the trust estate depends upon the death of an absent 
beneficiary. 

Section 12. In cases brought under the preceding 
section the petition if brought on account of a trust under 
a will, shall be in the probate court for the county in 
which the trustee was appointed ; and if brought on ac- 
count of a trust under a written instrument, shall be 
brought in the probate court of any county in which any 
of the parties interested in the trust reside or in which 
any of the land held in trust is situated. If any probate 
court has assumed jurisdiction of the trust, the petition 
shall be brought in that court. 

Section 13. The court may at any time during the 
continuance of the trust on like i^etition and other pro- 
ceedings as herein provided, decree that any income then 
accrued or thereafter accruing for the benefit of such ab- 
sentee shall be paid to the persons as trustees to whom, 
and at the time or times and in the shares and proportions 
in which, it would be distriluited if said absentee had died 
on the day fourteen years after the date of the disappear- 
ance or absconding, as found and recorded by the court. 

Section 14. This act shall take effect upon its passage. 

Approved April 21, 1905. 



C/?«p.327 An Act to establish a harbor line on the northerly 

SIDE OF MERRIMAC RIVER BELOAV CITY LANDING NUMBER 
ten IN THE CITY OP HAVERHILL. 

Be it enacted, etc., as follows: 

Section 1. The following described line on the north- 
erly side of Merrimac river in the city of Haverhill is 
hereby established as a harbor line beyond which no 



Harbor line on 
Mennmac river 
in Haverhill 
establisheil. 



Acts, 1905. — Chap. 327. 249 

wharf, pier or other structure shall be extended into or Harbor ime on 
over the tide waters of said river : — Beginning at an fn^Ha^^^Iu^'^ 
angle in the present harbor line established by chapter established. 
three hundred and thirteen of the acts of the year nine- 
teen hundred and two at a point in the easterly line of 
city landing number ten, one hundred eighty-two and five 
tenths feet southwesterly from a stone bound at the in- 
tersection of said easterly line with the southerly line of 
Water street; thence easterly about seven hundred and 
three feet to a point one hundred and seventy feet south- 
erly from the northerly line of Water street, measuring 
at right angles with said line from a point sixty feet west- 
erly from the northwesterly corner of Water and Lindel 
streets ; thence easterly, more southerly, in a straight line 
about seven hundred and forty-two feet to a point two 
hundred and thirty-one feet southerly from the northerly 
line of Water street, measuring at right angles with said 
line from a point one hundred and five feet westerly 
from the northwesterly corner of Water street and Came 
avenue ; thence southeasterly about five hundred and 
ninety-five feet to a point in the extension of the south- 
easterly line of Eastern avenue one hundred and seventy- 
two feet southwesterly from the northeasterly corner of 
Water street and Eastern avenue ; thence southeasterly, 
more southerly, in a straight line about three hundred and 
forty-four feet to a point one hundred and thirty-three 
feet southwesterly from the northeasterly line of Water 
street, measuring at right angles with said line from a 
point four hundred and ten feet southeasterly from the 
northwesterly corner of Water street and Eastern avenue ; 
thence southeasterly, still more southerly, in a straight 
line about seven hundred and seventy-eight feet to a point 
in the extension of the northerly line of Buttonwoods 
avenue one hundred and thirty-two feet southwesterly 
from the northwesterly corner of said avenue and Water 
street. 

Section 2. That part of the harbor line on said river That part of 
below city landing number ten established by chapter three ost!ibiisiI"n)y 
hundred and thirteen of the acts of the year nineteen hun- sulKa'sohed. 
dred and two is hereby su]^erseded. 

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

Approved April 21, 1905. 



250 



Acts, 1905. — Chaps. 328, 329. 



Birthday of 
Abraham 
Lincoln to be 
observed. 



Chap.328 An Act to provide for the observance of the birthday 

OF ABRAHAM LINCOLN. 

Be it enacted, etc., as follows: 

Section 1. The governor shall annually issue a proc- 
lamation setting apart the twelfth day of February as 
Lincoln Day, and recommending that it be observed by 
the people with api:)ropriate exercises in the public schools 
and otherwise, as he may see fit, to the end that the 
memory of the public service and private virtues of Abra- 
ham Lincoln may be perpetuated in the Commonwealth. 

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

Approved April 25, 1905. 



Chcip.329 An Act relative to sewerage expenses, assessments and 

CHARGES AND TO THE POWERS OF THE SEWER COMMISSION- 
ERS IN THE CITY OF TAUNTON. 



Be it enacted, etc., as follows: 



City of Taun- 
ton, system of 
sewers, etc. 



Section 1. The provisions of this act shall be deemed 
to have been enacted in view of the system of sewers and 
the system of sewage disposal which were adopted by the 
city of Taunton on the fourteenth day of August, eight- 
een hundred and ninety-seven, ' pursuant to the authority 
contained in chapter two hundred and nineteen of the 
acts of the year eighteen hundred and ninety-five, and 
chapter two hundred and sixty-eight of the acts of the 
year eighteen hundred and ninety-seven, and in view of 
the territory to which said systems apply and the condi- 
tions therein. 

Section 2. The total cost of laying, making, main- 
taining and repairing the sewers of said system of sewers 
shall be borne and paid as hereinafter provided. 

Section 3. The sewer commissioners of said city shall 
to'be'assessed, assess the owucrs of land hereinafter described within the 
territory embraced by said system of sewers, by a fixed 
uniform rate based upon one third of the estimated aver- 
age cost of all the sewers of said system. In making such 
estimate 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 fair value. Such assessments shall be made as 
aforesaid according to the frontage of land in said terri- 



Payment of 
cost. 



Owners of 
certain lands 



Acts, 1905. — Chap. 329. 251 

tory on a 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 August fourteen, eighteen hundred and ninety-seven, 
and according to the area of such land within a fixed 
depth from such street or way ; but no assessment in re- 
spect to any such land which, by reason of its grade or 
level or any 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 as- 
sessed more than once. The lien hereinafter provided 
for shall attach to the parcel assessed. If payment has Allowance to 
been made of any prior assessment or change imposed in cem^n pay^ 
respect to any such land on account of any common sewer "'ents, etc. 
of said system, an allowance shall be made for such pay- 
ment, and the owner shall be assessed for the balance only. 
Said sewer commissioners shall certify all assessments 
made under this section to the collector of taxes of said 
city for collection. After receiving an assessment list 
the collector shall forthwith send notice to each person 
assessed of the amount of his assessment, in like manner 
as notices of taxes are sent. 

Section" 4. Assessments made under the preceding Assessments 
section shall bear interest at the rate of six per cent per tioned^etc!^*'''" 
annum, from the thirtieth day after they become due until 
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, gives 
the assessors written notice to apportion 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 five per cent per annum from the date of appor- 
tionment 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 shall To constitute 
constitute a lien on the land, and such lien shall continue 
for two years after the assessments have been committed 
to the collector, or if they are to be paid by instalments, 
for two years 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 



252 



Acts, 1905. — Chap. 329. 



Collection of 
assessments, 
etc. 



May be col- 
lected )>y an 
action of 
contract. 



Persons 
ag^ieved may 
applj' for a 
jury, etc. 



Part of cost to 
be paid Ijy 
city, etc. 



Part of cost to 
be paid from 
annual 
charges, etc. 



Sewer commis- 
sioners to es- 
tablish annual 
charges, etc. 



time, notwithstanding a prior apportionment, but interest 
on snch balance at the rate of five per cent per annnm 
shall be paid to the date of snch payment. Demand for 
the payment of assessments shall be made in like manner 
as demands for the payment of taxes, and sales for the 
non-payment of assessments and all proceedings connected 
therewith shall be made npon the same notices thereof, 
and shall be otherwise conducted in the same manner as 
sales for non-payment of taxes. All proceedings subse- 
quent to such sales, relative to redemption, the purcha.se 
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. Assessments may also 
be collected by an action of contract in the name of the 
city, brought within two years after the same have be- 
come due and payable. 

Section 5. Any person aggrieved by an assessment 
made under section three of this act may at any time 
within three months after receiving notice thereof apply 
for a jury to revise the same. Such application shall be 
made in like manner and the proceedings thereon shall 
be the same as in the case of land taken for laying out 
highways; but before making his application the appli- 
cant shall give fourteen days' notice in writing of his 
intention so to do to said sewer commissioners, and shall 
therein particularly specify his objection to the assess- 
ment, to which specification he shall be confined before 
the jury. The conunissioners on receipt of every such 
notice shall notify the collector of taxes. 

Section 6. So much of the cost specified in section 
three of this act as is not realized by assessments made as 
hereinbefore provided, shall be borne and paid by said city. 
Receipts from said assessments shall be applied to sink- 
ing funds for the extinguishment of indebtedness incurred 
for laying and making the sewers of said system of sewers. 

Section 7. One third of the cost of maintaining and 
repairing the sewers of said system of sewers and of con- 
structing, maintaining and operating said system of sew- 
age disposal shall be paid, so far as may be, from annual 
charges for the use of the sewers of said system of sewers 
to be established and collected as hereinafter provided. 
The remaining cost shall be paid by said city and shall 
be raised by general taxation. 

Section 8. Said sewer commissioners shall establish 
just and equitable annual charges, which they may change 



Acts, 1905. — Chap. 329. 253 

from time to time, to be paid for the use of the sewers of 
said system of sewers by every person or owner of an 
estate who enters his particular sewer into the trunk sewer 
of said system or into any common sewer directly or in- 
directly connected with said trunk sewer ; but, in cases 
where the sewer commissioners shall deem it to be equi- 
table, a discount may be made by them. Such charges collection of 
shall be collected semi-annually or annually, and to that ^ '^^^^^' 
end said sewer commissioners shall semi-annually or an- 
nually certify the same to the collector of taxes of said 
city. Upon receipt of a list of charges, the collector shall 
forthwith send notice to each person charged of the amount 
of his charges in like manner as notices of taxes are sent. 
Said charges shall bear interest at a rate not exceeding 
six per cent per annum from the thirtieth day after they 
become due until paid. The accruing interest shall be 
added to and be a part of such charges. The charges To constitute 
shall constitute a lien on the real estate using the sewer, '' ^"'*^^' 
and the lien shall continue for two years after the charges 
have been committed to the collector of taxes. Demand S°il*^'oi°'^ ''^ 
for the payment of charges 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 be otherwise conducted in the same manner as 
sales for non-payment of taxes. All proceedings subse- 
quent 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 the same 
as when the land is sold for taxes. Said charges may also Maybecoi- 
be collected by an action of contract in the name of the auction ot '*" 
city, brought within two years after the same have be- <"'°^''^ct- 
come due and payable. Any person who is aggrieved by Persons 
an annual charge established as aforesaid may, within petition for ' " 
three months thereafter, file a petition in the superior revision, etc. 
court for the county of Bristol asking for a revision 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. The receipts from charges made under Receiiitsfrom 
the preceding section shall be applied, first to the payment apifiiwitoccV- 
of one third of the expenses for and incident to maintain- g^" paymt-nts, 
ing and repairing said system of sewers and of main- 
taining, repairing and operating said system of sewage 



254 



Acts, 1905. — Chap. 329. 



City to appro- 
priate sum 
sutficient to 
meet defi- 
ciency. 



1895, 219, § 3, 
etc., amended. 



189.5, 219, § 4, 
amended. 



Contracts. 



Commission- 
ers, compensa- 
tion, vacancy, 
etc. 



Certain provi- 
sions of law 
to apply. 



Repeal. 



Wiien to take 
effect. 



disposal, and then to the sinking fund requirements for the 
extinguishment of indebtedness incurred for the construc- 
tion of said system of sewage disposal If the receipts 
from such charges shall be insufficient in any year to pay 
one third of the expense of maintenance, repair and opera- 
tion as aforesaid, and one third of said sinking fund re- 
quirements as aforesaid, the city council of said city shall 
aj)propriate a sufficient sum to meet the deficiency. 

Section 10. Section three of chapter two hundred 
and nineteen of the acts of the year eighteen hundred and 
ninety-five, as amended by section one of chapter one hun- 
dred and sixty-four 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 inserting in place thereof the words : — 
said commissioners. 

Section 11. Said chapter two hundred and nineteen 
is hereby further amended by striking out section four 
and inserting in place thereof the following : — Section Jf. 
All contracts made 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 pur- 
pose in excess of the amount appropriated by the city 
council therefor. The compensation of the commission- 
ers shall be fixed by the city council. Any vacancy in 
said board of commissioners shall be filled by appointment 
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 12. 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 acts in amendment thereof and in addition 
thereto, so far as they are applicable and not inconsistent 
with this act, shall apply in the carrying out of the pro- 
visions of this act. 

Section 13. Chapter three hundred and eighty-four 
of the acts of the jeav nineteen hundred and four is hereby 
repealed. 

Section 14. This act shall be submitted to the city 
council of the city of Taunton within two months after 
its passage, and shall take effect only upon its acceptance 
by the city council with the approval of the mayor. 

Approved April 25, 1905. 



Acts, 1905. — Chaps. 380, 331. 255 



An Act to require the keeping of records by certain z^/,^.. qoq 
hospitals. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Hospitals supported in whole or in part certain hos. 
by contributions from the Commonwealth or from any recorciBof 
municipality, incorporated hospitals offering treatment to *''*^^^'^ 
patients free of charge, and incorjDorated hospitals con- 
ducted as public charities, shall keep records of the cases 
under their care and the history of the same in books kept 
for that purpose. 

Section 2. Such records shall be in the custody of the custody, etc., 
j)erson in charge of the hospital, and shall be admissible ^ 
as evidence in the courts of the Commonwealth as to all 
matters therein contained. 

Section 3. Section seventeen of chapter thirty-five of ^on^s'of'iaw^'" 
the Revised Laws shall not apply to such records, and uot to apply, 
they shall not be open to public inspection until they are 
produced in court by the person having the custody of the 
same. Approved April 25, 1905. 

An Act relative to reserves of trust companies. OAa?9.331 

Be it enacted, etc., as follows: 

Section 1. Chapter three hundred and seventy-four laoi, 374, § 7, 
of the acts of the year nineteen hundred and four is '' 
hereby amended by striking out section seven and insert- 
ing in place thereof the following : — Section 7. Every Trust compa. 
trust com^jany doing business within the Commonwealth oJfhand tJ'* 
shall at all times have on hand as a reserve an amount asTreserve""* 
equal to at least fifteen per cent of the aggregate amount ^'^''• 
of its deposits, which are subject to withdrawal upon de- 
mand or within ten days. Not less than one third of 
such reserve shall consist either of lawful money of the 
United States, gold certificates, silver certificates, or notes 
and bills issued by any lawfully organized national bank- 
ing association, and not less than one half of the re- 
mainder of such reserve may consist of balances, payable 
on demand, due from any national banking association 
doing business either in this Conmionwealth or in the 
cities of New York, Philadelphia, Chicago, or Albany in 
the state of New York, and the balance of said remainder 
may consist of bonds of the United States or of this Com- 



256 Acts, 1905. — Chaps. 332, 333. 



monwealth computed at their par value, which are the 
Not to make absohitc property of such corporation. If such reserve 
reserve is less is at any time less than the amount aforesaid the trust 
amoiinT'^'" Company shall not make any new loans until the required 

proportion between the aggregate amount of its deposits 
Receivers may and reserves shall be restored. The board of commission- 
in ce^ruain "^ ers of savings banks may notify any trust company whose 



cases. 



reserve shall be below the amount required to be kept on 
hand, to make good such reserve, and if such trust com- 
pany shall fail for sixty days thereafter so to make good 
such reserve, the commissioners may apply to a justice of 
the supreme judicial court to appoint one or more receiv- 
ers to take possession of the property and effects 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 2. This act shall take effect upon its passage. 

Approved April 25, 1905. 

Chap.SS2 An Act to provide additional clerical assistance for 

THE TREASURER OF THE COUNTY OF NORFOLK. 

Be it enacted, etc., as follows: 

Tr«-^8urerof Section 1. The treasurer of the county of Norfolk 

county, cieri- shall annually be allowed from the treasury of the county 

Cell (IBSlStflUCC «/ t/ 

the sum of four hundred dollars for clerical assistance. 
Section 2. This act shall take effect upon its passage. 

Approved April 25, 1905. 



Chap.^r^3 An Act to authorize the town of west springfield to 

MAKE AN additional WATER LOAN. 

Be it enacted, etc., as foUoivs: 

fll^iliwater^' Section 1. The towu of Wcst Springfield, for the 
Loan, Act of purpose of renewing and extending its water works sys- 
tem, may issue from time to time bonds, notes or scrip 
to an amount not exceeding fifty thousand dollars. Such 
bonds, notes or scrip shall bear on the face thereof the 
words. West Springfield Water Loan, Act of 1905, shall be 
payable at the expiration of periods not exceeding thirty 
years from the date of issue, sliall bear interest payable 
semi-annually at a rate not exceeding four per cent per 
annum, and shall be signed by the treasurer and counter- 



Acts, 1905. — Chap. 333. 257 

signed by the water commissioners of the town. Said 
town may sell such securities at public or private sale, 
or pledge the same for money borrowed for the purposes 
of this act, and upon such terms and conditions as it 
deems proper: provided, that such securities shall not be proviso, 
sold for less than the par value thereof. 

Section 2. Said town shall at the time of authorizing Payment of 
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 required thereby shall 
without further vote be assessed by the assessors of said 
town in each year thereafter until the debt incurred by 
said loan shall be extinguished, in the same manner as 
other taxes are assessed under the provisions of section 
thirty-seven of chapter twelve of the Revised Laws. Said Town to raise 

1111 • n 1 • 1 • 1 '"^ certain sum 

town shall also raise annually by taxation a sum which, by taxation 
with the income derived from water rates, will be suffi- ' 
cient to pay the interest as it accrues on the bonds, notes 
or scrip issued by said toAvn under the authority of this 
act. 

Section 3. The proceeds of the sale or pledge of Proceeds of 

i. .,^^. sale ot bonds, 

said bonds, notes or scrip may be used by said town for et« may be 
the construction of works for the extension and improve- structionof 
ment of its sources of water supply, and for paying for ^c." "^^^ ^' 
any lands, easements and rights of way, and the waters 
of any jjond, stream or spring, or artesian or driven well, 
which shall, in the opinion of the state board of health, 
after notice and a hearing, be necessary for the protection 
of the purity of the sources of water supply now or here- 
after used by said town ; and said town maj" take by pur- Town may 
chase or otherwise and hold for said purposes any such [andB*',^etc.'° 
lands, easements and rights of way, or the waters of any 
pond, stream or spring, or artesian or driven well, whether 
within or without the town. Such taking shall be in the 
manner provided by chapter two hundred and six of the 
acts of the year eighteen hundred and ninety-three, and 
said town shall be liable for all damages sustained by any 
person or corporation in their property by reason of any 
such taking in the manner provided in said act. 

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

Approved April 25, 1905. 



258 



Acts, 1905. — Chap. 334. 



Security Loan 

Association 

incorporated. 



Capital stock. 



CA«r).334 An Act to incorporate the security loan association. 

Be it enacted, etc., as follows: 

Section 1. William T. Gartlaiul, Charles li. Wal- 
dron, Robert C. Murray, John J. Howard, James F. 
Morgan, Frank A. Goodwin and John M. Smith, their 
associates and successors, are hereby made a corporation 
by the name of the Security Loan Association, to be located 
in Boston, for the purpose of loaning money upon pledge 
or mortgage of goods and chattels or of safe securities of 
any kind; and all the powers and privileges necessary for 
the execution of these purposes are hereby granted, and 
said corporation shall also have all the powers and privi- 
leges and be subject to all the duties, restrictions and 
liabilities set forth in chapter one hundred and nine of the 
Revised Laws and in all general laws now or hereafter 
in force relating to such corporations. 

Section 2. The capital stock of said corporation shall 
be one hundred and fifty thousand dollars, to be divided 
into shares of one hundred dollars each, and to be paid 
for at such times and in such manner as the board of di- 
rectors shall decide: provided, that no business shall be 
transacted by said corporation until said amount of one 
hundred and fifty thousand dollars is subscribed for and 
actually paid in; and no certificate of shares shall be is- 
sued until the par value of such shares shall have actually 
been paid in in cash. The said corporation may increase 
its capital stock from time to time until the same amounts 
to three hundred thousand dollars. 

Section 3. Said corporation is hereby authorized to 
borrow money on its own notes, not exceeding the amount 
of its capital paid in and for j^eriods not exceeding one 
year. 

Section 4. The government of said corporation shall 
be vested in a board of directors, chosen as the by-laws 
may prescribe, conformably to law: provided, however, 
that one director shall be appointed by the governor of 
the Commonwealth and one shall be appointed by the 
mayor of the city of Boston ; and the board thus consti- 
tuted shall elect one of their number president, and such 
officers as may be deemed necessary. The compensation 
of the directors appointed by the governor and mayor for 



Mav borrow 
on its own 
notes. 



Government. 



Proviso. 



Acts, 1905. — Chap. 334. 259 

their services and attendance at the meetings shall be paid 
by said corporation. 

Section 5. When said corporation has disposable Loans, 
funds it shall loan on all goods and chattels offered, em- 
braced within its rules and regulations, in the order in 
which they are offered, with the exception that it may 
always discriminate in favor ,of small loans to the in- 
digent. 

Section 6. All loans shall be for a time fixed and for Duration of 
not more than one year, and the mortgagor or pledgor shall redemptfonof 
have a right to redeem his property mortgaged or pledged, Property, etc. 
at any time before it is sold, in pursuance of the contract 
between the parties, or before the right of redemption is 
foreclosed, on payment of the loan and rate of compensa- 
tion to the time of the offer to redeem, No charges shall 
be made for a preliminary examination when a loan is 
not made, nor for the examination of property offered at 
the office of the association for pledge. 

Section 7. The corporation shall give to each pledgor pledgor to be 
a card inscribed with the name of the corporation and of fate,°etc.^*' 
the article or articles pledged, the name of the pledgor, 
the amount of the loan, the rate of compensation, the date 
when made, the date when payable, the page of the book 
where recorded, and a copy of sections eight and nine of 
this act. 

Section 8. Property pledged to the corporation shall unrc^'eemed 
be held one year, unless sooner redeemed, and if not re- property to be 

V ^ . -, c 1 1 in sold at public 

deemed withm one year alter the date oi the loan shall auction, 
be sold at public auction, and the net surplus after paying 
the loan, charges and expenses shall be held one year for 
the owner. All auction sales shall be advertised for at 
least one week in two daily newspapers published in Bos- 
ton. In case a savings bank deposit book pledged to the 
association shall not be redeemed as above provided, it 
shall not be necessary for the association to sell the same 
at public auction, but it may convert the same, or so much 
thereof as may be necessary to pay the debt, in such mode 
and at such time as in the judgment of the directors will 
best promote the interest of all parties, and the. corpora- 
tion shall hold the net surplus for one year for the owner. 

Section 0. Said corporation shall in no case charge interest, 
interest at a rate exceeding one and one half per cent 
per month. 



260 



Acts, 1905. 



Chap. 835. 



Conimissiou. 
ers of savings 
banks to have 
access to 
vaults, etc. 



Form of 
returns to be 
made to com- 
missioners of 
savings banks, 
etc. 



Section 10. The commissioners of savings banks shall 
have access to the vaults, books and papers of the corpora- 
tion, and it shall be their duty to inspect, examine and 
inquire into its affairs and to take proceedings in regard 
to them, in the same manner and to the same extent as 
if said corporation were a savings bank, subject to all 
general laws now or hereafter in force relating to such 
institutions in this regard. The returns required to be 
made to the commissioners of savings banks shall be in 
the form of a trial balance of its books, and shall specify 
the different kinds of its liabilities and the different kinds 
of its assets, stating the amounts of each kind, together 
with such other information as may be called for by said 
commissioners, in accordance with a blank form to be fur- 
nished by them; and these returns shall be printed at the 
expense of said corporation in a newspaper of general cir- 
culation j3ublished in the city of Boston, at such times and 
in such manner as may be directed by said commissioners, 
and also in the annual report of said commissioners. The 
said commissioners may cause any examination of the 
affairs of the said corporation to be made by an expert, 
under their direction, but at the expense of the corpora- 
tion. 

Section 11. This act shall take effect upon its passage. 

Approved April 26, 1905. 



Chap.3S5 -^N Act to authorize the great barrington fire district 

TO INCREASE ITS WATER SUPPLY. 

Be it enacted, etc., as foUoivs: 

Section 1. Chapter two hundred and forty-five of 
the acts of the year nineteen hundred and two is hereby 
amended by striking out section two and inserting in place 
thereof the following: — Section 2. Said fire district, 
for the purposes aforesaid, may take, by purchase or other- 
wise, all lands, rights of way and easements necessary for 
holding, storing, purifying and preserving the water used 
b}^ the fire district under the provisions of this act, and 
for conveying the same to any part of said town ; may 
erect on lands thus taken or held proper dams, reservoirs, 
buildings, fixtures and other structures ; may make exca- 
vations, procure and operate machinery and provide such 
other means and appliances as may be necessary for the 
establishment and maintenance of complete and effective 



190-2, 245, § 2, 
amended. 



The Great 
Barrington 
Fire District 
may take cer- 
tain lands, etc. 



May erect 
structures, lay 
pipes, etc. 



Acts, 1905. — Chap. 335. 261 

water works ; may constriiet and lay conduits, pipes and 
other works, under and over any lands, water courses, 
railroads, railways and public or private ways, and along 
any such way in such manner as not unnecessarily to ob- 
struct the same; and, for the purpose of constructing, 
maintaining and repairing such conduits, pipes and other 
works and for all other purposes of this act, said fire dis- 
trict may dig up any such lands, and, under the direction 
of the selectmen of the town in which such ways are 
situated, may enter upon and dig up such ways in such 
manner as to cause the least hindrance to public travel. 
The title to all land taken or purchased under the provi- Title to land 

„ , . . -, • • 1 r^ -r^ • T-i- to vest in lire 

sions 01 this act shall vest in said Great Jiarrmgton i^ire district, etc. 
District, and the land so taken may be managed, improved 
and controlled by the board of water commissioners of 
said fire district in such manner as they shall deem for 
the best interests of the fire district. 

Section 2, Said fire district shall, within ninety days Description of 
after the taking of any lands, rights of way, easements lfe°recorded!° 
or other property as aforesaid, otherwise than by purchase, 
file and cause to be recorded in the registry of deeds for 
the southern district of the county of Berkshire a descrip- 
tion thereof sufficiently accurate for identification, with 
a statement, signed by the board of water commissioners, 
of the purpose for which the same were taken. 

Section 3. Said chapter two hundred and forty-five 1902, 245, §3, 
is hereby further amended by striking out section three ^"^^^ ® 
and inserting in place thereof the follo^ving: — Section 3. Damages. 
Said fire district shall pay all damages to property sus- 
tained by any person or corporation by the taking of any 
lands, rights of way or easements, or by any other thing 
done by said fire district under authority of this act. Any 
person or corporation sustaining damages as aforesaid, 
who fails to agree with said fire district as to the amount 
thereof, may have the same assessed and determined in 
the manner provided by law when land is taken for the 
laying out of highways, on making application at any 
time within two years after the taking of such land or 
other property or the doing of other injury under author- 
ity of this act; but no such application shall be made 
after the expiration of said two years. 

Section 4. The Great Barrington Fire District is May supply 
hereby authorized to supply any of the inhabitants of the ^nt^'of Great' 
town of Great Barrington, except those residing in that ^-'^'^^Itcr. 



262 Acts, 1905. — Chaps. 386, 337. 

part of said town now supplied hy the Housatonic Water 
Company, with water for domestic and other purposes, 
upon such terms as it may determine. 

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

Approved April 26, 1905. 



Chap.'336 Ax Act relative to costs in the service of civil proc- 
esses IN THE COUNTY OF DUKES COUNTY. 

Be it enacted, etc., as folloivs: 

w)fits^n"tiiV°'^ Section 1. If it is necessary in the service of civil 
service of civil process in the county of Dukes County for an officer to 

proce.sses m l .'' ^ -,. "^ -, . 

the county of use a horse and carriage for a distance exceeding two miles 

L)uk6s CouDty. , 

one way he may be allowed therefor fifteen cents a mile 
for the distance travelled one way, not exceeding twenty 
miles, and if he uses the horse and carriage of another 
person he shall he allowed the amount actually expended 
by him therefor ; but no allowance for the actual amount 
expended by him for the use of a horse and carriage of 
another person shall be made unless the officer certifies 
that it was necessary for him to use a horse and carriage 
and that he actually used them for the distance, and paid 
therefor the amount stated in his certificate, and in no 
case shall the amount to be so allowed exceed five dollars. 
Section 2. This act shall take effect upon its passage. 

Approved April 26, 1905. 

Chap.S37 An Act to abolish the board of overseers of the poor 

AND TO create A BOARD OF CHARITIES IN THE CITY OF 
LOWELL. 

Be it enacted, etc., as folloivs: 

Board of Section 1. The board of overseers of the poor in the 

the poor in city of Lowell shall be abolished as hereinafter provided, 
aboiished.ltc. and all its powers, rights, duties and liabilities shall be 
Existing con- transferred to a board of charities in the said city. ISTo 
affected ^" ^ existing contracts, liabilities or suits shall be affected by 
except, etc. ^^^j^ ^^^ exccpt as hereinafter provided, but the board of 
charities hereinafter created shall be in all respects the 
successor of said board of overseers of the poor. 
Board of Section 2. Between the fifth day and the fifteenth 

appointment, day of January, nineteen hundred and six, the mayor 
terms, etc. ^^^^^i appoint a board of charities consisting of five per- 



Acts, 1905. — Chap. 337. 263 

sons, residents of the city, who shall hold office for terms 
of one, two, three, four and five years, respectively, from 
the fifteenth day of January, nineteen hundred and six, 
or until their successors are appointed and qualified ; and 
thereafter the mayor shall annually, before the fifteenth 
day of January, appoint one member of said board to 
serve for a term of five years from said fifteenth day of 
January. A vacancy shall be filled in the same manner vacancy, etc. 
for the unexpired term. The mayor shall designate a 
member to be chairman. The mayor may remove any 
member at any time. 

Section 3. ISTo overseers of the poor shall be elected of^'thrpoof * 
at the city election of nineteen hundred and five, but the t? be elected at 

^ t, , , lie T City election, 

overseers oi the poor who were elected for terms ending 1905, etc. 
on the first Monday in January, nineteen hundred and 
seven, shall constitute the board of overseers of the poor 
from the first Monday in January, nineteen hundred and 
six, until the fifteenth day of January, nineteen hundred 
and six, when their terms shall expire. The term of office Term of office 
of all officers and employees of the overseers of the poor of ove*?see'rs of 
shall expire on the fifteenth day of January, nineteen *^®Poor- 
hundred and six, or upon the appointment of their suc- 
cessors thereafter. 

Section 4. The board of charities shall appoint a superintendent 
superintendent of charities, who shall have general ex- appointment, 
ecutive charge of the department of charities, and shall ^^' 
hold office during the pleasure of the said board. He 
shall receive such salary as the city council may deter- 
mine. 

Section 5. All other officers and employees of the officers and 
department of charities shall be appointed by the super- appointment, 
intendent of charities and shall hold their offices and posi- ^^' 
tions at his pleasure. 

Section 6. This act shall be submitted to the quali- |^'?t^(j\"J'- 
fied voters of the city of Lowell at the annual state election voters at state 

GlGCtlOIl etc 

in the present year and shall take effect upon its accept- 
ance by a majority vote of those voting thereon. The 
question of acceptance shall be placed upon the official 
ballot directly after the list of candidates and in the fol- 
lowing form : — Shall an act passed by the general court 
in the year nineteen hundred and five, entitled " An Act 
to abolish the overseers of the poor and to create a board 
of charities in the city of Lowell ", be accepted ? 

Section 7. So much of anv act or of any ordinance Repeal. 



264 



Acts, 1905. — Chap. 338. 



When to take 
effect. 



of the city of Lowell as is inconsistent herewith is hereby 
repealed or annulled. 

Section 8. So mnch of this act as is contained in 
section six shall take effect upon its passage. 

Approved April 26, 1905. 



R. L. 220, § 1, 
amended. 



Execution of 
sentences ma y 
be suspended 
by the courts 
in certain 
cases, etc. 



CA«».338 An Act to authorize the suspension of sentences by 

THE COURTS IN CERTAIN INSTANCES. 

Be it enacted, etc., as folloivj: 

Section 1. Chapter two hundred and twenty of the 
Revised Laws is hereby amended by striking out section 
one and inserting in place thereof the following : — Sec- 
tion 1. When a person convicted before a municipal, 
police or district court is sentenced to imprisonment, or 
to pay a fine and to stand committed until the same is 
paid, the court may direct that the execution of said sen- 
tence be suspended, and that he be placed on probation 
for such time and on such terms and conditions as it shall 
fix. In case the sentence is to pay a fine not exceeding 
ten dollars, and to stand committed until the same is paid, 
if the court finds that the defendant is unable to pay the 
fine when it is imposed, and will not probably default, 
and that it will not be detrimental to the interests of the 
public, the execution of the sentence shall be so suspended 
and he shall be placed on probation. When the execu- 
tion of a sentence to pay a fine has been suspended as 
aforesaid, one of the conditions of the probation shall be 
that the fine shall be paid during the period of probation. 
Said fine shall be paid to the probation officer, whereupon 
the order of commitment shall be void. The probation 
officer shall give a receipt for every fine so paid, shall 
keep a record of the same, shall pay the fine to the clerk 
of the court at its next session, and shall keep on file the 
clerk's receipt therefor. If at the end of said period the 
probation officer shall report to the court that the fine is 
unpaid, and that in his opinion the person is unable to 
pay the same, the court may either extend said period, 
place the case on file or revoke the suspension of the ex- 
ecution of the sentence. 

Section 2. This act shall take effect on the first day 
of July in the year nineteen hundred and five. 

Approved April 26, 1905. 



When to take 
effect. 



Acts, 1905. — Chaps. 339, 340. 265 



An Act to provide for a readjustment of the salaries Chap.S39 

OF THE JUSTICES, CLERKS AND ASSISTANT CLERKS OF CER- 
TAIN LOWER COURTS AFTER THE TAKING OF THE NEXT 

CENSUS. 

Be it enacted, etc., as follows: 

Section 1. The salaries of the justices, clerks and as- salaries of 
sistant clerks of the district, police and municipal courts, clerks of cer- 
other than the municipal court of the city of Boston, shall ^urirto be 
be readjusted after the taking of the decennial census of readjusted, 
the year nineteen hundred and five, so as to correspond 
with the schedule of salaries provided for by chapter four 
hundred and fifty-three of the acts of the year nineteen 
hundred and four. The said readjustment shall be ef- 
fected in each case by the county treasurer of the county 
concerned, in accordance with the provisions of said chap- 
ter ; and, beginning with the first day of January in the 
year nineteen hundred and six, the said salaries shall be 
paid according to the said readjustment. 

Section 2. So much of this act as reduces the salary when to take 
of any justice, clerk or assistant clerk of a police, district 
or municipal court shall not take effect while the present 
incumbent continues to hold office. In all other respects 
this act shall take effect upon its passage. 

Approved April 26, 1905. 



An Act to provide for evening sessions of police, dis- (Jliar).S4:0 

TRICT AND MUNICIPAL COURTS FOR THE PURPOSES OF 
NATURALIZATION. 

Be it enacted, etc., as folloivs: 

Chapter one hundred and sixty-six of the Revised aiii^nd^. 
Laws is hereby amended by adding at the end of said 
chapter the following new section: — Section 21. Even- Eveuiuir ses- 

£ ^ -,• J*.-. • • ^ i. \ ■\^ sions of courts 

mg sessions oi any police, district or municipal court shall may be held 
be held for the purpose of naturalization within ten days ^oj^^i^turaiiza- 
after twenty-five applications for naturalization have been 
filed with the clerk of the court, and after ten applicants 
have filed a written request for an evening session. The 
judge and officers of the court shall receive one day's pay, 
in proportion to their salaries, for each evening sitting 
herein provided for. Approved April 20. 1905. 



266 



Acts, 1905. — Chaps. 341, 342. 



Chap.34:l Ax Act to provide for the licensing of theatrical ex- 
hibitions, PUBLIC SHOWS AND PUBLIC AMUSEMENTS. 



R. L. 102, § 17-2, 
etc., amended. 



Certain exhi- 
bitions, etc., 
may be 
licensed, etc. 



Be it enacted, etc., as follows: 

Section 1. Section one hundred and seventy-two of 
chapter one hundred and two of the Revised Laws, as 
amended bj section four of chapter four hundred and 
sixty of the acts of the year nineteen hundred and four, 
is hereby further amended by striking out the words " and 
akiermen ", in the second line, so as to read as follows : — 
Section 112. The mayor of a city or the selectmen of 
a town may, except as provided in section forty-six of 
chapter one hundred and six, grant a license for theatrical 
exhibitions, public shows, public amusements and exhibi- 
tions of every description to w^hich admission is obtained 
upon payment of money or upon the delivery of any valu- 
able thing, or by a ticket or voucher obtained for money 
or any valuable thing, upon such terms and conditions as 
they deem reasonable, and they may revoke or suspend 
such license at their pleasure; but they shall not grant 
a license for any such theatrical exhibitions, public shows, 
public amusements or exhibitions of any description what- 
ever to be held upon the Lord's day, except for those 
named in section five of chapter ninety-eight, and no such 
exhibition, show or amusement mentioned in said section, 
except a concert of sacred music or a free open air concert 
given by a city or town upon a common, public park, street 
or square, shall be given without such license. 

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

Approved April 26, 1905. 



Chap.34:2 Ax Act relative to the licensing and inspection of 

THEATRES AND PUBLIC HALLS. 

Be it enacted, etc., as follows: 

Section 1. Chapter four hundred and fifty of the 
acts of the year nineteen hundred and four is hereby 
amended by striking out section two and inserting in 
place thereof the following : — Section 2. In Boston the 
mayor, and in all other cities and towns the chief of the 
district police, shall be the officer to issue licenses for 
theatres and public halls. The licensing officer may re- 
quire such changes in the structural condition of any 



1904, 450, § 2, 
amended. 



Licenses for 
theatres and 
public halls, 
conditions, etc. 



Acts, 1905. — Chap. 343. 267 

building before issuing any license as in his opinion the 
public safety requires ; but no changes shall be ordered 
in excess of the requirements for a new building of like 
character under the existing law. 

Section 2. The license shall expire on the first day Licenses to 
of August in each year, and the licensing officer may, f.^etc? ^"^"®' 
after the first inspection, suspend the regular inspection 
of a public hall for a period not exceeding six months. 
In buildings existing when this act takes effect an equiva- 
lent of the conditions required by law may be accepted 
by the licensing officer : provided, that such equivalents Proviso, 
are set forth in detail in the license, which shall be posted 
in a conspicuous place in the building. 

Section 3. Section seven of said chapter four hun- Repeal. 
dred and fifty is hereby repealed. 

Approved April 26, 1905. 

An Act to revive and continue the corporate au- (JJki^ 34,3 
thority of the lowell, acton and maynard street 
railway company. 

Be it enacted, etc., as follows: 

Section 1. The organization of the Lowell, Acton corporate 
and Maynard Street Railway Company, as it existed prior the Loweii, 
to the first day of November in the year nineteen hundred Maynard*^ 
and four, is hereby legalized, and the authority granted confpany ^" '^^ 
by chapter three hundred and three of the acts of the revived, etc. 
year nineteen hundred, and by chapter three hundred and 
four of the acts of the year nineteen hundred and two, 
and by chapter one hundred and seventeen of the acts of 
the year nineteen hundred and three, is revived, restored 
and continued as though it had never ceased. 

Section 2, Said street railway company may, with stock and 
the approval of the board of railroad commissioners, issue bonds, 
stock and bonds for that part of its railway now completed 
and operated between Maynard and South Acton in the 
same manner as if the company were organized under 
the general laws relating to street railway companies. 

Section 3. Said street railway company, its succes- Abolition of 
sors or assigns, shall pay to the Commonwealth of Massa- crossings.' 
chusetts fifteen per cent of the total cost of the abolition 
of the grade crossings at South Acton over the Fitchburg 
railroad, in accordance with the amended report of the 
commissioners filed in March in the year nineteen hun- 



268 Acts, 1905. — Chaps. 344, 345. 

dred and five, before it sliall operate its line north of the 
Fitehburg railroad location. 
Jxtendid** Sectiois" 4. The time limit for constrncting and put- 

ting in operation the railway of the said company is 
hereby extended until the first day of December in the 
year nineteen hundred and six. 

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

Approved April 26, 1905. 



Chap.S44: An Act relative to the lodging of tramps and vagrants 

BY cities and towns. 

Be it enacted, etc., as folloirs: 

U)'p^rfornr'' Cities and towns which provide lodging for tramps and 
lodgin'g.'^etc., vagrants shall require them, if physically able, to per- 
in certain form labor of somc kind in return for the lodging and 

cases, etc. t c • nii -i-ii 

food furnished to them ; and the places m which such per- 
sons are lodged shall be kept in such order and condition 
as may be prescribed by the state board of health. 

Approved April 26, 1905. 

Chap.34:5 An Act relative to imprisonment in bastardy cases. 
Be it enacted, etc., as follows: 

amende^^^^' Section 1. Section twelve of chapter eighty-two of 
the Revised Laws is hereby amended by adding at the end 
thereof the following : — If after entry the complainant 
neglects or refuses to prosecute such complaint, the dis- 
trict attorney, upon notification from a probation officer 
or from the keeper of the jail in which such defendant 
is confined that the proceedings have been unreasonably 
prolonged, shall bring the case to the attention of the 
superior court wdiich, after such notice to the complain- 
ant and such investigation as it shall deem necessary, 
may order the defendant to be discharged, — so as to 

Defendants in read as f ollows : — Section 12. If the defendant is com- 

bastardv cases ., ,, .. c,- • i,i 

maybeciis- mittcd Under the provisions oi section nine and the com- 
certamca^es. f)laint is not entered at the return day of the superior 
court at which he Avas required to appear, he may make 
application to said court to be discharged; and if it ap- 
pears, after such notice as the court may order, that there 
is no ground to hold him to answer further to the com- 



Acts, 1905. — Chap. 346. 269 

plaint, the court shall order him to be discharged. If 
after entry the complainant neglects or refuses to prose- 
cute such complaint, the district attorney, upon notifica- 
tion from a probation officer or from the keeper of the 
jail in which such defendant is confined that the proceed- 
ings have been unreasonably prolonged, shall bring the 
case to the attention of the superior court which, after 
such notice to the complainant and such investigation as 
it shall deem necessary, may order the defendant to be 
discharged. 

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

Approved April 26, 1905. 



An" Act makixg appropriatioxs for the Worcester poly- 
technic INSTITUTE AND THE MASSACHUSETTS CHARITABLE 
EYE AND EAR INFIRMARY, AND FOR CERTAIN OTHER EX- 
PENSES AUTHORIZED BY LAW. 



Chap,d4Q 



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 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 : — For the Worcester Worcester 
Polytechnic Institute, as authorized by chapter one hun- institute."^*' 
dred and nine of the acts of the present year, the sum 
of four thousand dollars, the same to be in addition to any 
amount heretofore appropriated for the same purpose. 

For expenses in connection with printino; the annual Report of 

j> 1 .1 T .. I'll railroad coin- 

report 01 the railroad commissioners, as authorized by missioners. 

chapter one hundred and thirty-eight of the acts of the 

present year, the sum of two hundred dollars, to be paid 

out of the Railroad Commissioners' Fund, the same to 

be in addition to any amount heretofore provided for the 

same purpose. 

For additional clerical assistance in the office of the clerical assist- 
auditor of accounts, as authorized by chapter one hundred of auditor!"^ 
and forty-nine of the acts of the present year, the sum 
of fifteen hundred dollars, the same to be in addition to 
any amount heretofore appropriated for the same purjiose. 

For the purchase of books for the state lil)rarv, as au- state library, 
thorized by chapter one hundred and fifty-four of the acts 



270 



Acts, 1905. — Chap. 346. 



Clerical assist- 
ance, etc., in 
state librarv. 



General agent 
of dairy 
bureau". 



Salary of 
district attor- 
ney, western 
district. 



Salary of dis- 
trict attorney, 
southern 
district. 



Salary of 
assistant dis- 
trict attorney, 
southeastern 
district. 



Salary of 
assistant dis- 
trict attorney, 
southern 
district. 



Salary of 
assistant dis- 
trict attorney, 
middle 
district. 



of the present year, the sum of two thousand dollars, the 
same to be in addition to the sixty-five hundred dollars 
appropriated by chapter eighteen of the acts of the j^resent 
year. 

For such clerical assistance and messenger service in 
the state library as may be necessar}-, as authorized by 
chapter one hundred and fifty-four of the acts of the 
present year, a sum not exceeding eleven hundred dollars, 
the same to be in addition to the forty-three hundred dol- 
lars provided for by chapter eighteen of the acts of the 
present year. 

For the salary of the general agent of the dairy bureau, 
as authorized by chapter one hundred and fifty-five of 
the acts of the present year, the sum of two. hundred dol- 
lars, the same to be in addition to the twelve hundred 
dollars appropriated by chapter seventy of the acts of 
the present year. 

For the salary of the district attorney for the western 
district, as authorized by chapter one hundred and fifty- 
seven of the acts of the present year, the sum of three 
hundred dollars, the same to be in addition to any amount 
heretofore aj)propriated for the same purpose. 

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

For the salary of the assistant district attorney for the 
southeastern district, as authorized by chapter one hun- 
dred and fifty-seven of the acts of the present year, the 
sum of two himdred dollars, the same to be in addition to 
any amount heretofore appropriated for the same pur- 
pose. 

For the salary of the assistant district attorney for the 
southern district, as authorized by chapter one hundred 
and fifty-seven of the acts of the present year, the sum 
of four hundred dollars, the same to be in addition to any 
amount heretofore appro2:>riated for the same purpose. 

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



Acts, 1905. — Chap. 346. 271 



For the salary of the assistant district attorney for the salary of 
eastern district, as authorized by chapter one hundred and tS^attorney, 
fifty-seven of the acts of the present year, the sum of two Ifltrj^^. 
hundred dollars, the same to be in addition to any amount 
heretofore appropriated for the same purpose. 

For travelling expenses necessarily incurred by the dis- Traveiung 
trict attorneys and assistant district attorneys, except in distrk'f''^ 
the Suffolk district, as authorized by section four of chap- ^"orueys, etc. 
ter one hundred and fifty-seven of the acts of the present 
year, a sum not exceeding twenty-five hundred dollars. 

For clerical assistance for the register of probate and ance*^re<Aster^ 
insolvency for the county of Norfolk, as authorized by °*/''§Qr^',ij 
chapter one hundred and eighty-three of the acts of the county, 
present year, a sum not exceeding six hundred dollars, 
the same to be in addition to any amount heretofore appro- 
priated for the same purpose. 

For the salary of the clerk of the legislative document i^\^ve docu^*^* 
division, as authorized by chapter two hundred and eight- ment division, 
een of the acts of the present year, the sum of one hundred 
dollars, the same to be in addition to the eleven hundred 
dollars appropriated by chapter sixty-nine of the acts of 
the present year, being the salary of one of the sergeant- 
at-arms' messengers now promoted to the above clerkship. 

For such additional clerical assistance in the depart- Additional 

, ^ clerical assist- 

ment oi the adiutant general as he niav find necessary, ance, adjutant 
and for compensation of employees at the state arsenal, 
a sum not exceeding eight hundred dollars, the same to 
be in addition to the sixty-three hundred dollars appro- 
priated by chapter one hundred and twenty-three of the 
acts of the present year. 

For certain improvements at the Medfield insane asy- Medfleid 
lum, as authorized by chapter seven of the resolves of the ' • "™' 
present year, a sum not exceeding twelve thousand dollars, 
to be paid out of the Medfield Insane Asylum Fund. 

For the Massachusetts Charitable Eye and Ear In- Massachusetts 
firmary, as authorized by chapter nine of the resolves of Eye and Ear 
the present year, the sum of thirty thousand dollars. ° rmary. 

For Herbert IT. Churchill, ai 
ten of the resolves of the presei 
hundred and seventy-five dollars. 

For Lemuel D. Burr and Ann 
chapter eleven of the resolves c 
sum of one hundred and fifty dollars. 



For Herbert IT. Churchill, as authorized by chapter Herbei-tH. 
ten of the resolves of the present year, the sum of one 

mdred and seventy-five dollars. 

For Lemuel D. Burr and Anna Burr, as authorized by Lemuel d. and 
chapter eleven of the resolves of the present year, the 



272 



Acts, 1905. — Chap. 346. 



Collecting 
statistics rela- 
tive to damage 
caused to food 
fish by pred- 
atory "fish. 

Revolutionary 
records. 



State house 
guide. 



Normal art 
school. 



First Unitarian 
Society of 
Hudson. 



Herl)ert A. 
Clark. 



John Foster. 



Cornelius 
Usher. 



Albert A. 
Hartshorn. 



Compensation 
of flre inspect- 
ors of district 
police. 



Report of 
commissioners 
of savings 
baaks. 



For collecting statistics in regard to damage caused to 
food fish by predatory fish, as authorized by chapter twelve 
of the resolves of the present year, a sum not exceeding 
two thousand dollars, 

For compiling, indexing and publishing the records of 
Massachusetts soldiers and sailors who served in the revo- 
lutionary war, as authorized by chapter fifteen of the 
resolves of the present year, a sum not exceeding five thou- 
sand dollars. 

For the printing of a state house guide, as authorized 
by chapter eighteen of the resolves of the present year, 
a sum not exceeding five hundred dollars. 

For certain improvements in the normal art school 
building, as authorized by chapter nineteen of the re- 
solves of the present year, a sum not exceeding ten thou- 
sand dollars. 

For the First Unitarian Society of Hudson, as author- 
ized by chapter twenty-one of the resolves of the present 
year, the sum of two hundred and fifty dollars. 

For Herbert A. Clark, as authorized by chapter twenty- 
two of the resolves of the present year, the sum of one 
hundred and twenty-five dollars. 

For John Foster, as authorized by chapter twenty-three 
of the resolves of the present year, the sum of one hundred 
dollars. 

For Cornelius Usher, as authorized by chapter twenty- 
four of the resolves of the present year, the sum of one 
thousand dollars. 

For Albert A. Hartshorn, as authorized by chapter 
twenty-eight of the resolves of the present year, the sum 
of one hundred and fifty dollars. 

For compensation of the fire inspectors of the detec- 
tive department of the district police, as authorized by 
chapter two hundred and forty-seven of the acts of the 
present year, the sum of three thousand dollars, the same 
to be in addition to the seventy-five hundred dollars appro- 
priated by chapter one hundred and forty-two of the acts 
of the present year. 

For printing and binding the annual report of the com- 
missioners of savings banks, the sum of three hundred 
sixty-nine dollars and sixty-one cents, the same to be in 
addition to any amount heretofore appropriated for the 
same purpose. 



Acts, 1905. — Chap. 347. 273 

For printing and binding the annual report of the civil ^r^^^^mJ^^ 
service commissioners, the sum of twenty-two dollars and missioners. 
sixty cents, the same to be in addition to any amount here- 
tofore appropriated for the same purpose. 

For a survey and estimate by the board of harbor and of^n of**''' 
land commissioners of a part of Saugus river and the |^ugu8 river, 
approaches thereto, as authorized by chapter twenty-seven 
of the resolves of the present year, a sum not exceeding 
one thousand dollars. 

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

Approved April 26, 1905. 

Ax Act to prohibit the obstruction of means of egress (JJiavSAl 

FROM BUILDINGS. 

Be it enacted, etc., as follows: 

Section 1. Any article or thing placed upon a fire Fire escapes, 
escape or an outside means of egress of any building is unobstructed 
hereby declared a common nuisance. Any court author- 
ized to issue warrants in criminal cases may, upon com- 
plaint under oath made by any police officer that any 
article or thing is placed or maintained u])on a fire escajje 
or outside means of egress of any building, issue a war- 
rant to bring such article or thing when found before a 
court having jurisdiction of the same, and all articles or 
things seized under the authority of such a warrant shall 
be disposed of as provided in sections three to eight in- 
clusive of chapter two hundred and seventeen of the Re- 
vised Laws relative to articles seized under clause eleven 
of section one of said chapter. Any owner, lessee, tenant Penalty, etc. 
or occupant of any building who maintains or permits to 
remain upon any fire escape or outside means of egress 
of any building any article or thing for more than twenty 
minutes shall be punished by a fine of not more than one 
hundred dollars. The existence of any article or thing 
upon a fire escape or outside means of egress of any build- 
ing shall be prima facie evidence that such article or thing 
was so placed, maintained or permitted to remain by the 
occupant of the premises having access from said building 
to said fire escape or outside means of egress. 

Section 2. Every stairway of every building shall be stairways of 
kept free and unobstructed, and any person who permits be'kept^'^ 
any article or thing to remain in any stairway of any ^obstructed. 



274 Acts, 1905. — Chaps. 348, 349. 

Penalty. building in such a manner as mav impede the egress of 

any person lawfully in said building, or the ingress of 
any j)erson lawfully entitled to enter said building shall 
be punished by a fine of not more than five hundred dol- 
lars. The existence of any article or thing in any such 
stairway in any building shall be prima facie evidence 
that it was placed or permitted to remain therein by the 
owner, lessee, tenant or occupant of the building. 

Approved April 28, 1905. 

Chap.34^8 Ax Act relative to persons received ix workhouses axd 

ALMSHOUSES AS TRAMPS OR VAGRANTS. 

Be it enacted, etc., as follows: 

amendth^^' Section 1. Sectiou One of chapter two hundred and 

seventy-four of the acts of the year nineteen hundred and 
four is hereby amended by inserting after the word " Com- 
monwealth ", in the sixth line, the words : — and persons 
received therein as tramps or vagrants without commit- 
Trampsand mcut, — SO as to read as follows: — Section 1. Persons 
sons committed Committed to any workhouse or almshouse established un- 
ete?/to^be"^^^* der the provisions of section one of chapter thirty of the 
separate^" Rcvised Laws, for vagrancy, drunkenness or petit larceny, 
quarters, etc. or as night walkcrs, rogues or vagabonds, or for any 
other offence against the laws of the Commonwealth, and 
persons received therein as tramps or vagrants without 
commitment, 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. This act shall take effect upon its passage. 

Approved April 28, 1905. 

Chap.^iQ An Act to reorganize the school committee of the 

CITY OF boston. 

Be it enacted, etc., as follows: 

mitt°e'eof Sty Section 1. The school Committee of the city of Bos- 

eieSion*"* ^^^ shall hereafter consist of five members, to be elected 

terms, etc. \)j g^^ch persons as shall be qualified to vote for school 

committee in said city; but no person shall be eligible for 

election to the committee who is not an inhabitant of the 

city and has not been a resident thereof for at least three 



Acts, 1905. — Chap. 350. 275 

years continuously prior to the election. The school com- 
mittee shall serve without compensation, and their tei*ms 
of offi(3e shall begin with the beginning of the municipal 
year following their election. At the annual municipal 
election in the year nineteen hundred and five, two per- 
sons shall be elected as aforesaid, to hold office for three 
years, two for two years and one for one year; and there- 
after at each annual municipal election there shall be 
elected for the term of three years so many persons as 
may be necessary to fill the j^laces of the member or mem- 
bers of said committee whose term or terms are about to 
expire. Vacancies in said committee arising from death, vacancies, 
resignation or otherwise shall be filled for the unexpired 
term at the next annual municipal election. 

Section" 2. Upon the organization of the school com- Terms of 
mittee elected under and in accordance with the provi- ent'^wihoof^^' 
sions of this act, the terms of office of the members of committee, 
the i:)resent school committee of the city of Boston shall 
immediately terminate, and said members shall cease to 
exercise any authority under chapter fifty-three of the 
acts of the year eighteen hundred and seventy-seven, and 
acts in amendment thereof and in addition thereto. 

SECTioisr 3. The school committee elected under and Powers and 

duties, 
in accordance with the provisions of this act shall be 

the lawful successors of the present school committee, and 
shall be entitled to all the powers and privileges conferred, 
and subject to the duties and obligations imposed by chap- 
ter fifty-three of the acts of the year eighteen hundred 
and seventy-seven, and acts in amendment thereof and in 
addition thereto. 

Section 4. So much of any act as is inconsistent here- Repeal, 
with is hereby repealed. 

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

Approved April 28, 1905. 

An Act to authorize the city of brockton to expend fUfn^) 350 

A SUM OF MONEY FOR DEFRAYING EXPENSES INCURRED BY 
IT IN CONSEQUENCE OF A CERTAIN DISASTER. 

Be it enacted, etc., as follows: 

Section 1. The city of Brockton is hereby authorized fjn^i^ay^^"*^''" 
to expend a sum not exceeding five thousand dollars in expend a sum 

T^. . Ill- pOf money for 

deiraymg expenses incurred by the city on account 01 defrayinfr cer- 

'^ ^ ^ ./ ./ jjjijj expenses. 



276 



Acts, 1905. — Chap. 351. 



the late disaster hj explosion and fire at the factory of 
R. B. Grover & Company in that city. 

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

Approved April 28, 1905. 



Town of North 
Andover may 
extend its 
water supply 
system. 



North Andover 
Water Loan, 
1905. 



Chap.S51 ^^ ^^*^^ ^^ AUTHORIZE THE TOWN OF NORTH ANDOVER TO 
EXTEND ITS WATER SUPPLY SYSTEM AND TO BORROW MONEY 
THEREFOR. 

Be it enacted, etc., as foUoivs: 

Section 1. The to\^Tl of jSTorth Andover is hereby au- 
thorized to extend the water supply system acquired by it 
in pursuance of the provisions of chapter two himdred 
and two of the acts of the year eighteen hundred and 
ninety-three, and to expend therefor a sum not exceeding 
fifty thousand dollars. 

Section 2. For the aforesaid purpose the town of 
Korth Andover is hereby authorized to issue from time 
to time bonds, notes or scrip to an amount not exceeding 
fifty thousand dollars. Such bonds, notes or scrip shall 
bear on their face the w'ords, iSTorth Andover Water Loan, 
1905 ; shall be payable at the expiration of periods not 
exceeding thirty years from the date of issue, or earlier, 
at the option of the town; shall bear interest, payable 
semi-annually, at a rate not exceeding four per cent per 
annum, and shall be signed by the treasurer of the town 
and countersigned by the board of water commissioners. 
The town may sell said securities at public or private 
sale, or pledge the same for money borrowed for the pur- 
poses of this act, upon such terms and conditions as it 
shall deem proper: provided, that such securities shall 
not be sold for less than the par value thereof. 

Section 3. Said town shall at the time of authoriz- 
ing said loan provide for the payment thereof in such an- 
nual proportionate payments as will extinguish the same 
within the time prescribed in this act; and when a vote 
to that effect has been passed the amount required thereby 
shall without further vote be assessed by the assessors of 
the town in each year thereafter, in the same manner in 
w^hich other taxes are assessed under the provisions of sec- 
tion thirty-seven of chapter twelve of the Revised Laws, 
until the debt incurred by the town under authority of 
this act shall be extinguished. 



Proviso. 



Payment of 
loan. 



Acts, 1905. — Chaps. 352, 353. 277 

Section -i. In addition to the amount which said '^°Y^}^„^^1^ 
town is required by the provisions of said chapter two by taxation 

1 111 m -1 in annually. 

hundred and two annually to raise, the town shall an- 
nually raise by taxation a sum which together with the 
income derived from the water rates will be sufficient to 
pay the annual expenses of oj^erating its water works 
and the interest as it accrues on the bonds, notes or scrip 
issued as aforesaid by the town, and to enable the town 
to make such payments on the principal as may be re- 
quired under the provisions of this act. 

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

Approved April 28, 1905. 

An Act to authorize the town of falmouth to issue (JJiar).S52i 

ADDITIONAL BONDS FOR THE PURPOSE OF EXTENDING ITS 
WATER SYSTEM. 

Be it enacted, etc., as foUoivs: 

Section 1. The town of Falmouth, for the purpose Townof rai. 
of extending its water system to that part of the town is^ueadcfi?' 
called East Falmouth, is hereby authorized to issue bonds t^^onai bonds, 
to an amount not exceeding twenty thousand dollars in 
addition to the amounts heretofore authorized by section 
two of chapter three hundred and thirty-one of the acts 
of the year nineteen hundred and two, as amended by 
chapter one hundred and twenty-eight of the acts of the 
year nineteen hundred and three. Said bonds shall be 
of the form and subject to the provisions specified in sec- 
tion thirteen of chapter sixty-six of the acts of the year 
eighteen hundred and ninety-eight. 

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

Approved April 2S, 1905. 

An Act to provide for a water supply for the town nj^fj,^ qfjo 

OF AGAWAM. ■^* 

Be it enacted, etc., as follows: 

Section 1. The town of Agawam, for the purpose of Townof 
supplying itself and its inhabitants with water for the ex- take certain 
tinguishment of fires and for domestic and other purposes, rights', etc. 
upon the advice and approval of the state board of health, 
may from time to time, as in its opinion necessity re- 
quires, take by purchase or otherwise, and hold, any lands 



278 



Acts, 1905. — Chap. 353. 



Mav establish 
hydrants, fix 
rates, etc. 



May maintain 
structures, etc., 
liiy pipes, etc. 



Description of 
lands, etc., to 
be recorded. 



Damages. 



within the limits of said town, together with any water 
or water rights therein, and also all lands, rights of way 
and easements necessary for procuring, holding, protect- 
ing and distributing said water, may purchase water to 
be held by it, protected and distributed for the aforesaid 
pur^ioses and upon the aforesaid condition from neighbor- 
ing municipalities, and in general may do such things as 
are necessary for the purposes of securing, maintaining 
and protecting said water system or supph'. It may also 
establish hydrants and fountains, regulate the use of said 
water, and fix and collect rates to be paid for the use of 
the same. 

Section" 2. The town may construct and maintain 
upon lands so taken wells, either artesian or of other 
kinds, filter beds, reservoirs, galleries, dams, standpipes, 
pumping stations and other necessary works, machinery 
and structures ; may make such excavations, procure and 
operate such machinery, and do such other things as may 
be necessary for providing and maintaining an effective 
system of water supply ; and it may lay and maintain such 
aqueducts, conduits, pipes and other works over or under 
any ways within such town in such manner as shall not 
unnecessarily obstruct the same. 

Section 3. The town shall file and cause to be re- 
corded in the registry of deeds for Hampden county a 
description, sufficiently accurate for identification, of all 
lands, rights of way, water rights, water sources or ease- 
ments which it shall take hereunder, otherwise than by 
purchase, together with a statement of the purpose for 
which the same are taken, within ninety days of the date 
of said taking. Such statement shall be signed by the 
selectmen. 

Section 4. The town shall pay all damages to prop- 
erty sustained by any person or corporation by the taking 
of any land, right of way, water, water sources, water 
right or easement, or by reason of 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 man- 
ner provided by law in the case of land taken for the 
laying out of highways, by making application therefor 
within one year after the taking of such land or other 
property, or the doing of any other injury under the au- 



Acts, 1905. — Chap. 353. 279 

thority of this act ; l)ut no application shall be made 
after the expiration of said year. ISTo application shall 
be made for such assessment of damages for the taking 
of any water or water rights, or any injury thereto, until 
the water is actually withdra^^^l or diverted by said town 
under authority of this act, and in such last named case 
no description and statement provided for in section three 
shall be deemed to have been filed for the purpose of such 
assessment and determination until such water is actually 
withdrawn or diverted. 

Sectioi^ 5. The town of Agawam, for the purposes A^awam 
mentioned in this act, may borrow money from time to Act of i905. ' 
time and issue therefor negotiable notes, bonds or scrip 
to an amount not exceeding fifty thousand dollars. Such 
notes, bonds or scrip shall be signed by the treasurer of 
the town and countersigned by its selectmen, and shall 
be denominated on the face thereof, Agawam Water Loan, 
Act of 1905. They shall be payable at the expiration of 
such periods after the date of their issue, not exceeding 
thirty years, and shall bear such rate of interest, not 
exceeding four per cent per annum, as the town may de- 
termine. The town may sell such securities at public or 
private sale, or pledge the same for not less than the face 
value thereof for money borrowed for the purposes of 
this act, and upon such conditions as it sees fit. 

SECTioisr 6. The town shall at the time of authorizing Payment of 
said loan provide for the payment thereof in such annual 
proportionate payments, beginning not less than three 
years after the iirst issue of such bonds, notes or scrip, 
as will extinguish the same within the time prescribed by 
this act; and when a vote to that effect has been passed, 
a sum which, with the income derived from water rates, 
will be sufficient to pay the annual expense of operating 
its water works and the interest as it accrues on the bonds, 
notes and scrip issued as aforesaid by said town, and to 
make such payments on the principal as may be required 
under the provisions of this act, shall, without further 
vote, be assessed by the assessors of said town in each 
year thereafter initil the debt incurred by said loan is 
extinguished, in the same manner as other taxes are as- 
sessed under the provisions of section thirty-seven of chap- 
ter twelve of the Revised Laws. 

Sectiox Y. The water commissioners hereinafter men- water rates, 
tioned shall fi:x just and equitable prices and rates for the ^^p^"^*^^' 



280 



Acts, 1905. — Chap. 353. 



Annual 
account to be 
rendered. 



When to take 
effect. 



Certain votes 
to be passed at 
a legal town 
meeting. 



Water commis- 
sioners, elec- 
tion, terms, 
etc. 



use of water, and shall prescribe the time and manner of 
payment. The income of the water works shall be ap- 
plied to defraying all operating expenses, interest charges 
and payments on principal as they accrue upon any bonds, 
notes or scrip issued under the authority of this act. If 
there should be a net surplus remaining after providing 
as above for the aforesaid charges it shall be used for 
such new construction as the water commissioners may 
determine upon; and in case a surplus should remain 
after pajTiient for such new construction the water rates 
shall be proportionally reduced. Xo money shall be ex- 
pended for new construction by the water commissioners 
except from the net surplus aforesaid, unless the town 
appropriates money therefor. Said commissioners shall 
annually, and as often as the town may require, render 
an ae<?ount of their doings. 

Section 8. This act shall take effect upon its accept- 
ance by a majority vote at a legal town meeting duly 
called and held for that purpose within three years after 
its passage. 

Section 9. Xo vote of the town shall be passed au- 
thorizing and directing the acquisition of any property 
for the water system or supply established or authorized 
hereunder, or for the borrowing of money authorized 
herein, except at a legal town meeting. 

Section 10. So soon as is practicable after the accept- 
ance of this act, said town shall, at a legal meeting called 
and held for the purpose, elect three persons to hold office, 
one until the expiration of three years, one until the ex- 
piration of two years and one until the expiration of 
one year from the next preceding annual towTi meeting. 
Thereafter the town shall annually choose one person for 
the term of three years at its annual meeting. The per- 
sons so chosen shall constitute a board of water commis- 
sioners. Such water commissioners shall have all the 
authority granted to said town by this act, unless other- 
wise specially provided for. They shall be subject to 
such instructions, rules and regulations as the to^vn may 
from time to time impose by vote. 

Approved May 1, 1905. 



Acts, 1905. — Chaps. 35i, 355. 281 



An Act relative to the support and removal of inmates (JJku) 354 
of the massachusetts hospital for dipsomaniacs and 
inebriates and of the massachusetts hospital for 
epileptics. 

Be it enacted, etc., as follows: 

Section 1. Expenses for the support and removal of removaiof*^ 
any inmate, whether a pauper or not, of the Massachusetts |.eru^\o*8 i 
hospital for dipsomaniacs and inebriates or of the Massa- tais. 
chusetts hospital for epileptics which have been paid by 
any city or town or by the Commonwealth may be re- 
covered of his place of settlement and of such inmate and 
his kindred, according to the provisions of chapter eighty- 
one of the Revised Laws: provided, that no city or town Proviso, 
shall be liable for such expenses on account of an insane 
person. 

Section 2. This act shall apply to expenses incurred (Fenl^n'lx^ 
on and after the first day of July in the year nineteen penses. 
hundred and five. 

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

Approved May 1, 1905. 

An Act to authorize the board of prison commissioners (JJidrp 355 

TO ESTABLISH A HOSPITAL FOR PRISONERS HAVING TUBER- 
CULAR DISEASE. 

Be it enacted, etc., as follows: 

Section 1. With the approval of the governor and Hospital for 

•Til 1 c • • • • 1 1 prisoners 

council the board of prison commissioners is hereby author- having tuber- 
ized to erect on the land now occupied by the temporary to be erected, 
industrial camp for prisoners at Rutland, suitable build- 
ings to be used as a hospital prison for the confinement 
and treatment of prisoners having tubercular disease. 

Section 2. When such buildings are ready for occu- Removal of 
pancy the prison commissioners may remove thereto any p"^*''^*^^^' ®^^ 
male prisoner in the state prison, the Massachusetts re- 
formatory, the state farm, or in any jail or house of 
correction, who appears by the certificate of the prison 
physician to be suffering from consumption or any dis- 
ease of a tubercular nature. They may at any time re- 
turn to the original place of imprisonment any prisoner 
so removed. A prisoner shall be held in the place to 



282 



Acts, 1905. — Chap. 356. 



Orders for 
removal, 
escape of 
prisoners, etc. 



Custody, etc., 
of prisoners 
removed to 
hospital 
prison. 



A certain sum 
may be 
expended. 



which he is so removed or returned according to the terms 
of his original sentence. 

Sectiox 3. Any order for the removal or return of 
a prisoner as provided herein may be executed by any 
officer authorized to serve criminal process ; and a prisoner 
who makes an escape from such officer while being con- 
veyed to or from said hospital prison, shall be deemed to 
have escaped from the prison to which he was originally 
committed. 

Section 4. A prisoner removed to said hospital prison 
shall be held in the custody of the superintendent of said 
temporary industrial camp for prisoners, and shall be gov- 
erned, employed and treated according to such rules and 
regulations as may be established by the board of prison 
commissioners with the approval of the governor and coun- 
cil. Prisoners held in said hospital prison shall be sub- 
ject to all the laws that are now applicable to the temporary 
industrial camp for prisoners. 

Section 5. The prison commissioners are hereby au- 
thorized to expend, with the approval of the governor and 
council, a sum not exceeding twenty-five thousand dollars 
out of the State Prison Industries Fund to provide the 
buildings and furnishings for the said hospital prison. 

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

Approved May 1, 1905. 



Boundary line 
between Ham- 
ilton and 
Wenham 
established. 



Chap,356 Ax Act to establish the boundary line between the 

TOWNS OF HAMILTON AND WENHAM. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall here- 
after be the boundary line between the towns of Hamil- 
ton and Wenham : — Beginning at a granite monument 
standing at the corner of the towns of Hamilton, Man- 
chester and Wenham, in latitude forty-two degrees, thirty- 
five minutes, thirty-six and fifty-three hundredths seconds, 
and longitude seventy degrees, forty-eight minutes, fifty- 
four and seventeen hundredths seconds ; thence north 
sixty-nine degrees, fifty-one minutes west, true bearing, 
seventeen thousand four hundred and thirty-three feet to 
a point in the southeasterly side line of Main street, in 
latitude forty-two degrees, thirty-six minutes, thirty-five 
and eighty-one hundredths seconds, and longitude seventy 



Acts, 1905. — Chap. 357. 283 

degrees, fifty -two minutes, thirty-three and one hundredth 
seconds ; thence north sixty-eight degrees, sixteen minutes 
west, true bearing, twelve thousand five hundred and 
thirty-nine feet to a granite monument standing fifty feet 
south of Ipswich river, in latitude forty-two degrees, 
thirty-seven minutes, twenty-one and sixty-three hun- 
dredths seconds, and longitude seventy degrees, fifty-five 
minutes, eight and eighty hundredths seconds ; thence in 
the same direction, about one hundred and fifty feet to 
the middle of the river, at the' present corner of the towns 
of Hamilton, Topsfield and Wenham. 

Sectiois' 2. This act shall take effect u]X)n its passage. 

Approved May 1, 1905. 

An x\ct to establish the boundary lixe between the (JJia7).S57 

TOWX OF BERLIN AND THE CITY OF MARLBOROUGH. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall here- Boundary line 
after be the boundary line between the town of Berlin and andM*ari^'^'^^'° 
the city of Marlborough : — Beginning at the corner of jlghedf'^ ^^^^ 
Berlin, Hudson and Marlborough, at a granite monument 
in latitude forty-two degrees, twenty-two minutes, two 
and thirty-five hundredths seconds, and longitude seventy- 
one degrees, thirty-six minutes, tweh'e and seventy-seven 
hundredths seconds ; thence south twenty-seven degrees, 
thirty-four minutes west, true bearing, four thousand and 
fifty-six feet to a granite monument standing at an angle 
in a wall in latitude forty-two degrees, twenty-one min- 
utes, twenty-six and eighty-four hundredths seconds, and 
longitude seventy-one degrees, thirty-six minutes, thirty- 
seven and seventy-six hundredths seconds, — an angle in 
the present dividing line between Berlin and Marlbor- 
ough ; thence south fifty-seven degrees, thirty-two minutes 
west, true bearing, four thousand seven himdred and eight 
feet to the corner of Berlin, Marlborough and ^orth- 
borough, at a granite monument standing in open pasture, 
in latitude forty-two degrees, twenty-one minutes, one and 
eighty-six hundredths seconds, and longitude seventy-one 
degrees, thirty-seven minutes, thirty and sixty-six hun- 
dredths seconds. 

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

Approved May 1, 1905. 



284 Acts, 1905. — Chap. 358. 



ChajJ.S^S An Act to establish the boundary lixe between the 

TOWNS OF BERLIN AND HUDSON. 

Be it enacted, etc., as follows: 

b°tweSerto Section 1. The following described line shall here- 
esubiished!* after be the boundary line between the towns of Berlin 
and Hudson : — Beginning at the corner of Berlin, Bol- 
ton and Hudson, at a granite monument standing twenty- 
eight feet south of the intersection of the Central Massa- 
chusetts division of the Boston and Maine Railroad with 
a street, at a point five hundred feet west of the South 
Bolton depot, in latitude forty-two degrees, twenty-three 
minutes, fifty-one and ninety-two hundredths seconds, and 
longitude seventy-one degrees, thirty-six minutes, seven- 
teen and four hundredths seconds ; thence south fifty-eight 
degrees, fifty-nine minutes east, true bearing, seven thou- 
sand six hundred and three feet along the present di- 
viding line between Berlin and Hudson, to a granite 
monument standing on the southerly side of River street, in 
latitude forty-two degrees, twenty-three minutes, thirteen 
and twenty-two hundredths seconds, and longitude seventy- 
one degrees, thirty-four minutes, fifty and twenty-two hun- 
dredths seconds ; thence south fifty degrees, twenty-six 
minutes west, true bearing, nine thousand six hundred 
and eighty-four feet along the present dividing line be- 
tween Berlin and Hudson, to a granite monument stand- 
ing on a wooded elevation, in latitude forty-two degrees, 
twenty-two minutes, twelve and twenty-seven hundredths 
seconds, and longitude seventy-one degrees, thirty-six min- 
utes, twenty-nine and sixty-seven hundredths seconds ; 
thence south fifty-one degrees, thirty-nine minutes east, 
true bearing, sixteen hundred and eighteen feet to the 
comer of Berlin, Hudson and Marlborough, at a granite 
monument situated in latitude forty-two degrees, twenty- 
two minutes, two and thirty-five hundredths seconds, and 
longitude seventy-one degrees, thirty-six minutes, twelve 
and seventy-seven hundredths seconds. 

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

Approved May 1, 1905. 



Acts, 1905. — Chaps. 359, 360. 285 



An" Act to establish the bouxdaky lixe betweex the (Jj^nrry 359 

TOWXS OF BERLIN AXD CLIXTOX. '' * 

Be it enacted, etc., as follows: 

Sectioi^ 1. The following described line shall here- Boundary line 
after be the boundary line between the towns of Berlin anifctoton^ ^ 
and Clinton : — Beginning at the corner of Berlin, Bolton established, 
and Clinton, at a granite monument in latitude forty- 
two degrees, twenty-five minutes, five and eighty-two 
hundredths seconds, and longitude seventy-one degrees, 
thirty-nine minutes, forty and one hundredth seconds; 
thence south thirteen degrees, six minutes west, true 
bearing, eight thousand eight hundred and fifty-five feet, 
along the present dividing line between Berlin and Clinton 
to a point in latitude forty-two degrees, twenty-three 
minutes, forty and sixty-two hundredths seconds, and 
longitude seventy-one degrees, forty minutes, six and 
seventy-seven hundredths seconds ; thence north seventy- 
six degrees, five minutes west, true bearing, two thousand 
three hundred and fifty-one feet to a point in latitude 
forty-t^'o degrees, twenty-three minutes, forty-six and 
twenty-one hundredths seconds, and longitude seventy-one 
degrees, forty minutes, thirty-seven and eighteen hun- 
dredths seconds ; thence south thirteen degrees, thirty 
minutes west, true bearing, two thousand six hundred 
and seven feet to the corner of Berlin, Boylston and 
Clinton, at a granite monument in latitude forty-two de- 
grees, twenty-three minutes, twenty-one and seventeen 
hundredths seconds, and longitude seventy-one degrees, 
forty minutes, forty-five and twenty-eight hundredths 
seconds. 

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

Approved May 1, 1905. 

Ax' Act to establish the boundary lixe BETWEEX the fjhnj) QQA 
TOWXS OF BOYLSTOX AX'D WEST BOYLSTOX. 

Be it enacted, etc., as follows: 

Section 1. The following described line shall here- Boundary une 
after be the boundary line between the towns of Boyls- Boyistonand 
ton and West Boylston : — Beginning at the corner of ^tebiished!*^" 
Boylston, Sterling and West Boylston, at a granite monu- 
ment in latitude forty-two degrees, twenty-three minutes, 
twelve and eighty-four hundredths seconds, and longitude 



286 Acts, 1905. — Chap. 361. 

^^oumiary line seventj-onc degrees, forty-four minutes, thirty-t^ro and 
Boj iston and sixty-threc hundredths seconds ; thence south sixty-seven 

^est Boyl6ton -. ^ . , . ' . •^ 

established. degrees, eight minutes west, true bearing, along the present 
dividing line between Boylston and West Boylston, three 
thousand four hundred and eighty-six feet to a granite 
monument standing five feet southeast of a junction of 
walls in latitude forty-two degrees, twenty-two minutes, 
fifty-nine and forty-five hundredths seconds, and longi- 
tude seventy-one degrees, forty-five minutes, fifteen and 
forty-two hundredths seconds; thence south nineteen de- 
grees, twenty-seven minutes west, true bearing, along the 
present dividing line between Boylston and West Boyls- 
ton, four thousand seven hundred and eighty-eight feet 
to a point a few feet north of the northerly shore of the 
ISTashua reservoir in latitude forty-two degrees, twenty-two 
minutes, fourteen and eighty-five hundredths seconds, and 
longitude seventy-one degrees, fortj-five minutes, thirty- 
six and sixtj^-six hundredths seconds ; thence south six 
degrees, twenty-five minutes west, true bearing, nine thou- 
sand seven hundred and thirty-five feet, crossing the res- 
ervoir to a granite monument standing in the present 
dividing line between Boylston and West Boylston in lat- 
itude forty-two degrees, twenty minutes, thirty-nine and 
twenty-eight hundredths seconds, and longitude seventy- 
one degrees, forty-five minutes, fifty-one and seventeen 
hundredths seconds; thence south fifty-seven minutes Avest, 
true bearing, eleven thousand four hundred and twenty- 
one feet along the present dividing line between Boylston 
and West Boylston, to a granite monument standing at the 
corner of Boylston, Shrewsbury and West Boylston, in 
latitude forty-two degrees, eighteen minutes, forty-six and 
forty-eight hundredths seconds, and longitude seventy-one 
degrees, forty-five minutes, fifty-three and seventy hun- 
dredths seconds. 

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

Approved May 2, 1905. 

Chap.S61 Ax Act to establish the boundary line between the 

TOWNS OP LYNNFIELD AND READING. 

Be it enacted, etc., as follows: 
Boundary line Section 1. The following described line shall here- 

between ciii tti /> 

Lynnfleidand after be the boundarv line between the towns of L%Tinfield 
established, and Reading : — Beginning at the corner of the towns of 



Acts, 1905. — Chap. 3G2. 287 

Lynnfiekl, Xorth Reading and Reading at a granite monii- Boundary ime 
ment in latitude forty-two degrees, thirty-three minutes, Lynntieki and 
twenty-one and forty-one hundredths seconds, and longi- ^a^lisfied. 
tude seventy-one degrees, four minutes, seventeen and 
thirty-two hundredths seconds ; thence south thirty-eight 
degrees, fifty minutes east, true bearing, two thousand 
nine hundred and ten feet to a granite monument in lati- 
tude forty-two degrees, thirty-two minutes, fifty-nine and 
two hundredths seconds, and longitude seventy-one de- 
grees, three minutes, fifty-two and ninety-four hundredths 
seconds ; thence south eighty-eight degrees, nine minutes 
west, true bearing, three thousand two hundred and eighty- 
three feet to a granite monument in latitude forty-two 
degrees, thirty-two minutes, fifty-seven and ninety-seven 
hundredths seconds, and longitude seventy-one degrees, 
four minutes, thirty-six and seventy-seven hundredths sec- 
onds ; thence south fifty -two degrees, forty-four minutes 
west, true bearing, one thousand one hundred and seventy- 
seven feet to a granite monument in latitude forty-two 
degrees, thirty-two minutes, fifty and ninety-three hun- 
dredths seconds, and longitude seventy-one degrees, four 
minutes, forty-nine and twenty-eight hundredths seconds ; 
thence south tw^enty degrees, forty-four minutes east, true 
bearing, three thousand three hundred and seven feet to 
a granite monument in latitude forty-two degrees, thirty- 
two minutes, twenty and thirty-eight hundredths seconds, 
and longitude seventy-one degrees, four minutes, thirty- 
three and sixty-four hundredths seconds ; thence south 
one degree, fifty-eight minutes east, true bearing, two 
thousand eight hundred and eighty-three feet, to a gran- 
ite monument standing at the corner of the to^vns of 
Lynnfield, Reading and Wakefield, in latitude forty-two 
degrees, thirty-one minutes, fifty-one and ninety-two hun- 
dredths seconds, and longitude seventy-one degrees, four 
minutes, thirty-two and thirty-two hundredths seconds. 
Section 2. This act shall take effect upon its passage. 

Approved May 2, 1905. 

An Act to authorize the town of braixtree to make an QJiap.362 

ADDITIONAL WATER LOAN. 

Be it enacted, etc., as follows: 

Section 1. The to-^vn of Braintree, for the purpose Braintree 
mentioned in section one of chapter two hundred and Act of 1905. ' 



288 Acts, 1905. — Chaps. 363, 364. 

Braintree Seventeen of the acts of the year eighteen hundred and 
Act of 1905. ' eighty-five, may issue notes, bonds or scrip, to be denom- 
inated on the face thereof, Braintree Water Loan, Act 
of 1905, to an amount not exceeding ten thousand dollars, 
in addition to the amounts heretofore authorized 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 specified in section five of said chapter; 
and the whole amount of such notes, bonds or scrip, to- 
gether with those heretofore issued by the town for the 
purpose of supplying itself and its inhabitants with water, 
shall not in any event exceed the sum of two hundred and 
sixty-six thousand dollars. 

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

Approved May 2, 1905. 

Chap.36S Ax Act to ratify and confirm certain proceedings of 

THE TOWN OF SAVOY AT ITS ANNUAL TOWN MEETING IN 
THE YEAR NINETEEN HUNDRED AND FIVE. 

Be it enacted, etc., as follows: 

cee^nlJ'of" Section 1. The proceedings of the town of Savoy at 

c^nflrmed*'^"^ ^^ aimual town meeting in the year nineteen hundred and 

five, in voting to approj^riate the sum of eight hundred 

dollars for a telephone system in said town, are hereby 

ratified and confirmed. 

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

Approved Hay 2, 1905. 

Chap.364: ^^ -^CT relative TO BUILDING IN THE PUBLIC PARKS OF THE 

CITY OF WORCESTER. 

Be it enacted, etc., as folloivs: 

ufresma^^e' Section 1. The park commissioners of the city of 
erected, etc., Worccstcr may erect and maintain in the parks now 

m the public i <• t i • • i 

parks of or hereafter under their control, excepting the common, 

Worcester. ' jr o " 

structures for the shelter and refreshment of j^ersons fre- 
quenting such parks, and for other park purposes, the 
same to be of such materials and in such places as 
Certain pro- thev may deem that the public interests require. Section 

visions of law • pi c c \ c i -i~> • 

not to apply, twenty of chapter fifty-three of the Revised Laws shall 
not apply to such buildings. 

Section 2. This act shall take effect uix>ii its passage. 

Approved May 2, 1905 



Acts, 1905. — Chaps. m5, 366. 289 



An x4ct relative to the rank and compensation of the (JJi^j) 3(55 

DISTRICT POLICE OFFICER DETAILED TO THE COMMAND OF 
THE STEAMER LEXINGTON. 

Be it enacted, etc., as follows: 

Section 1. The officer of the detective department of ||gtri;.f Mici 
the district police who from time to time shall be detailed wftit^er detailed 
to the command of the Commonwealth's steamer Lexing- of steamer 
ton, or any other vessel commissioned and used in place ^^^ 
thereof, shall have the rank of captain of said police force, 
and shall receive an annual salary of eighteen hundred 
dollars. 

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

Approved May 2, 1905. 

An Act relative to the speed at which automobiles fjhnjy ^aa 

AND motor cycles MAY BE OPERATED ON PUBLIC WAYS. ^ ' 

Be it enacted, etc., as follows: 

Section 1. The city council of a city or the board of cities and 

. '^ . •11 towns majr 

aldermen of a city having no common council, and the make special 

rc^uliitioiis lis 

selectmen of a town, may make special regulations as to to "speed of 
the speed of automobiles and motor cycles and as to the knd motor 
use of such vehicles on particular roads or ways, includ- ^'^^ ^^' ^^' 
ing their complete exclusion therefrom. If they deter- 
mine that on any particular way a speed greater than the 
speeds specified in section eight of chapter four hundred 
and seventy-three of the acts of the year nineteen hundred 
and three may be permitted with safety, they may make 
such special regulations as may appear to them to be neces- 
sary : provided, however, that no such special regulation in- Proviso, 
creasing or lessening the speed at which automobiles and 
motor cycles may be run on the public highways, or exclud- 
ing them therefrom, shall be effective unless such regula- 
tion shall have been published in one or more newspapers, 
if there be any, published in such city or tOAvn, otherwise 
in one or more newspapers published in the county in 
which the city or town is situated. If within fifteen days protest may be 
after the publication of such notice, not less than fifty ^i^^^'^^- 
residents of Massachusetts, at least ten of whom shall be 
taxpayers of the city or town, file a written pr6test with 
the ]\Iassachusetts highway commission, such special regu- 
lation shall not be valid until approved by said board after 



290 



Acts, 1905. — Chap. 367. 



Special regula- 
tions to be 
posted, etc. 



Certain ordi- 
nances, etc., 
to Iiave no 
force or effect 
wliere regula- 
tions are made. 
Certain riglits 
not affected. 



Bepeal. 



public notice and a hearing given by said board in the 
city or town. Such special regulations shall be posted 
conspicuously by or under the direction of the Massa- 
chusetts highway commission on sign boards at such points 
as the board may deem necessary. The cost of such sign 
boards and the expenses in connection with their erection 
and maintenance shall be paid out of the appropriation 
for expenses in connection with the registration of auto- 
mobiles and motor cycles and the licensing of operators 
thereof. 'No ordinance, by-law or regulation now in force 
in any city or town which regulates the speed at which 
automobiles or motor cycles shall be run upon its public 
ways shall hereafter have any force or effect. Nothing 
herein contained shall be so construed as to affect the 
rights of boards of park commissionerSj as established by 
law. 

Section 2. Section fourteen of chapter four hundred 
and seventy-three of the acts of the year nineteen hundred 
and three is hereby repealed. Approved May J^, 1905. 

Chap.367 An Act eelative to appraisals and to the payment of 

FEES IN THE TAXATION OF COLLATERAL LEGACIES AND SUC- 
CESSIONS. 

Be it enacted, etc., as follows: 

Section sixteen of chapter fifteen of the Revised Laws 
is hereby amended by inserting after the word " final ", 
in the seventh line, the words : — One half of, — by in- 
serting after the word " general ", in the ninth line, the 
words : — and one half of said fees shall be paid by the 
other party or parties to said proceeding, — and by add- 
ing at the end of said section the words : — provided, Jioiu- 
ever, that in all proceedings arising under this section 
said probate court, upon agreement of parties or when in 
the opinion of the court the nature of the property makes 
it advisable, may appoint a single disinterested appraiser 
who shall upon oath appraise such property as herein- 
before provided, — so as to read as follows: — Section 16. 
Said tax shall be assessed upon the actual value of said 
property as found by the probate court. Upon the appli- 
cation of the treasurer and receiver general or of any 
party interested in the succession, the probate court shall 
appoint three disinterested appraisers who, first being 
sworn, shall appraise such jiroperty at its actual market 
value and shall make return thereof to said court. Such 



R. L. 15, § 16, 
amended. 



Tax on 

collateral 

legacies and 

successions, 

valuation, 

appraisal. 



Acts, 1905. — Chaps. 3G8, 369. 291 

return, when accepted by said court, shall be final. One 
half of the fees of said appraisers, as determined by the 
judge of said court, shall be paid by the treasurer and 
receiver general, and one half of said fees shall be paid 
by the other party or parties to said proceeding. The 
value of an annuity or life estate shall be determined by 
the " Actuaries' Combined Experience Tables ", at four 
per cent compound interest: provided, however, that in Proviso. 
all proceedings arising under this section said probate 
court, upon agreement of parties or when in the opinion 
of the court the nature of the property makes it advisable, 
may aj^point a single disinterested appraiser who shall 
upon oath appraise such property as hereinbefore pro- 
vided. Approved May 4, 1905. 

An Act making additional appropkiations for the care nj^f^^j Qgg 
OF reservations in the control of the metropolitan 

PARK COMMISSION. 

Be it enacted, etc., as follows: 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the Metropolitan Parks Mainte- 
nance Fund, for the care of reservations in the control 
of the metropolitan park commission during the year end- 
ing on the thirty-first day of December, nineteen hundred 
and five, as provided by chapter four hundred and nine- 
teen of the acts of the year eighteen hundred and ninety- 
nine, in addition to sums already appropriated, to wit : — 

For the police in the charge of the metropolitan park Mctropoiitau 

J- f • ^ 1 park commis- 

commission, the sum of nine hundred and fifty-five dol- sion, police. 
lars. 

For miscellaneous expenses and supplies, the sum of Supplies, etc. 
sixteen hundred and ten dollars. 

For a new shop building in the Blue Hills reservation. New shop 
the sum of fifteen hundred dollars. Blue nfiil" 

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

Approved May J^, 1005. 



reservation. 



(7/i«29.369 



An Act to authorize certain advances to the attorney- 
general FROM THE TREASURY OF THE COMMONWEALTH. 

Be it enacted, etc., as follows: 

Section 1. Section thirty-five of chapter six of the r. l. 6, § 35, 
Revised Laws is hereby amended by inserting after the '^^^^ ^'^' 
word " prescribe ", in the twenty-eighth line, the words : 



292 Acts, 1905. — Chap. 3G9. 

— the attorney-general, five hundred dollars, — so as to 
Advances from read as f ollows : — Section 35. Officers who are author- 
onhe*com^ izcd to expend money in behalf of the Commonwealth may 
nionweaith. ^^^^^^ money advanced to them from the treasury, not ex- 
ceeding at any one time the following amounts: the dis- 
bursing officer of the state board of charity, upon giving 
a bond in the sum of four thousand dollars, with sufficient 
sureties, payable to and approved by the treasurer and 
receiver general, three thousand dollars; the disbursing 
officer of the state board of insanity, upon giving a bond 
in the sum of two thousand dollars, with sufficient sure- 
ties, payable to and approved by the treasurer and receiver 
general, fifteen hundred dollars ; the treasurer or disburs- 
ing officer of each of the state insane hospitals or asylums, 
of the Massachusetts hospital for dipsomaniacs and inebri- 
ates, of the Massachusetts hospital for epileptics, of the 
Massachusetts state sanatorium and of the Massachusetts 
School for the Feeble-Minded, not more than two thousand 
dollars for an institution having not more than five hun- 
dred inmates and not more than five thousand dollars for 
an institution having more than five hundred inmates ; the 
board of prison commissioners, for aiding prisoners who 
have been discharged from the Massachusetts reformatory, 
five hundred dollars; the sergeant-at-arms, for necessary 
and legitimate expenditures made by him for committees 
of the general court while travelling under an order 
thereof, two thousand dollars, and for the incidental ex- 
j)enditures made by him in the care of the state house and 
grounds, five hundred dollars; the bonded paymasters of 
the militia, eighty jjer cent of the pay and mileage due or 
to become due to the officers and men of the militia for 
duty performed at camp or annual drill, under such rules 
and regulations as the treasurer and receiver general may 
prescribe ; the attorney-general, five hundred dollars ; other 
public officers, except as otherwise provided, not more than 
one hundred and fifty dollars at any one time. 

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

Approved May Jf, 1905. 



Acts, 1905. — Chap. 370. 293 



An Act relative to the prosecution in the superior nfinrv) 370 

COURT of claims AGAINST THE COMMONWEALTH. ^ ' 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and abraded ^ ^' 
one of the Revised Laws is hereby amended by striking 
out the words " for the county of Suffolk ", in the first 
line, so as to read as follows: — 8ecAion 1. The superior Jurisdiction 
court shall have jurisdiction of all claims at law or in against uie 
equity against the Commonwealth. Such claims may be en- ^eaVtii! etc. 
forced by petition stating clearly and concisely the nature 
of the claim and the damages demanded, and such peti- 
tion shall be served by the sheriff' of the county of Suffolk 
or any of his deputies by leaving an attested copy thereof 
in the hands or in the office of the attorney-general, and 
a like copy in the hands or in the office of the secretary of 
the Commonwealth, thirty days at least before the return 
day thereof. 

Section 2. Section two of said chapter is hereby r. l. 201, § 2, 
amended by striking out the word " one ", in the fourth ''*™<'"^'^^'- 
line, and inserting in place thereof the word : — two, — 
and by adding at the end of said section the words : — If 
the amount claimed is more than two thousand dollars 
the action or petition shall be brought in the county of 
Suffolk ; but if the amount claimed is two thousand dol- 
lars or less the action or petition may be brought in the 
county of Suffolk or in the county in which the plaintiff 
or petitioner resides. If the action or petition is to re- 
cover damages for injuries sustained while travelling on 
a state highway, it may be brought in the county of 
Suffolk or in the county in which the plaintiff or peti- 
tioner resides, or in the county in which the injuries w^ere 
sustained, — so as to read as follows : — Section 2. The proceedings, 
provisions of law relative to tender, offer of judgment, 
set-off and recoupment shall apply to such petition, and 
the case shall be tried by the court without a jury and, 
if the amount claimed is more than two thousand dollars, 
by three justices of said court. All hearings shall be in 
open court and questions of law may be taken to the su- 
preme judicial court as in other cases. If the amount 
claimed is more than two thousand dollars the action or 
petition shall be l)rought in the county of Suffolk ; but 
if the amount claimed is two thousand dollars or less the 



294 Acts, 1905. — Chap. 371. 

action or petition may be bronght in the county of Suf- 
folk or in the county in which the plaintiff or petitioner 
resides. If the action or petition is to recover damages 
for injuries sustained while travelling on a state highway, 
it may be brought in the county of Suffolk or in the 
county in which the plaintiff or petitioner resides, or in 
the county in which the injuries were sustained. 

Approved May 4, 1905. 



Chap.iMl -'^N Act to authoeize the county commissioners for the 

COUNTY OF BARNSTABLE TO BORROW MONEY FOR NECESSARY 
ALTERATIONS AND REPAIRS IN THE COURT HOUSE IN THE 
TOWN OF BARNSTABLE. 

Be it enacted, etc., as foUoius: 

mtssioneiTof Section 1. The couuty commissiouers for the county 
Barnstable of Bamstable are hereby authorized and empowered to 

county may i t c i i 

borrow upon borrow, upou the credit oi the county, a sum not exceed- 
couuty, etc. ing thirty-five thousand dollars, for the purpose of making 
necessary alterations and repairs in the court house in the 
town of Barnstable. This indebtedness shall be paid out 
of the amounts received for taxes as follows : — Three 
thousand dollars on the first day of October, nineteen hun- 
dred and five, and two thousand dollars on the first day 
of October of each succeeding year, until the whole in- 
debtedness is paid, 
auerations^and Section 2. The contract for such alterations and re- 
repairs, etc. pairs shall be awarded to the lowest bidder, who shall 
furnish a bond in a penal sum not less than forty per 
cent of the amount of his bid, for the faithful completion 
of his contract at the amount of his bid. The county com- 
missioners shall publicly advertise for sealed bids, and 
they shall furnish to all persons making application there- 
for complete plans and specifications, without discrimina- 
tion, and all bids shall be publicly opened after due notice 
to all parties in interest and public advertisement thereof. 
Section 3, This act shall take effect upon its passage. 

Approved May J^, 1905. 



Acts, 1905. — Chaps. 372, 373. 295 

An Act to extend the time for filing petitions for the (JJidr) 372 

ASSESSMENT OF DAMAGES ARISING FROM THE IMPROVEMENT 
OF BLUE HILL AVENUE IN THE TOWN OF MILTON. 

Be it enacted, etc., as follows: 

Section 1. The time within which John F. Connell, fllin^^rtnin 
John A. Ewell, David Halliday, Patrick J. Concannon, petitions for 

_ _ _ flSSGSSlllCllt 01 

Andrew G. Hoffman, Patrick Byrne and Richard Wall damages 
may file their petitions in the superior court for damages 
arising from any change of grade of streets made in ac- 
cordance with the order of the selectmen of the town of 
Milton, dated February seventh, nineteen hundred and 
three, relative to Blue Hill avenue in said town, which 
order was accepted and allowed by the town at its annual 
town meeting on March second, nineteen hundred and 
three, is hereby extended to July first, nineteen hundred 
and five. 

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

Approved May 5, 1905. 



An Act relative to the terms of office of municipal fjhnj) 373 

AUDITORS. 

Be it enacted, etc., as folloivs: 

Section 1. After the passage of this act, and upon Municipal 
the expiration of the term for which any city auditor shall ei^tion^or 
have been elected or appointed, and in every third year appoiutment. 
thereafter, there shall be elected or appointed in the man- 
ner required by the charters of their respective cities, an 
auditor of accounts to hold office for three years from the 
date of his election or appointment. 

Section 2. Every such auditor of accounts shall hold Term of oflice. 
his office until the election or appointment and qualifica- 
tion of his successor, unless sooner removed in accordance 
with the existing provision for removal in the city charter 
under which such auditor has been elected or appointed, 
or in accordance with any general law. 

Section 3. When a vacancy occurs in the office of vacancy, 
auditor of accounts in any city, the person elected or ap- 
pointed to fill such vacancy shall hold the office until the 
end of the unexpired term of the person last holding such 
office. 



296 



Acts, 1905. — Chaps. 374, 375. 



To be sub- 
mitted to 
voters. 



Repeal. 



Section 4. Tliis act shall be submitted to the voters 
of every city at the next municipal election, and upon 
its acceptance by a majority of the voters voting thereon 
in any city it shall take effect in that city. 

Section 5. All acts and parts of acts inconsistent 
herewith are hereby repealed. Approved May 5, 1905. 



Cha2).iVi4: An Act to authorize the town of truro to contribute 

THE SUM OF ONE HUNDRED DOLLARS TO THE FUND FOR THE 
ERECTION OF THE PILGRIM MEMORIAL MONUMENT AT PROV- 
INCETOWN. 



Be it enacted, etc., as folloics: 



Section 1. The iowix of Trnro is hereby authorized 



Town of 
Truro may 

contrii>utea to contribute the sum of one hundred dollars to the fund 

OGrtJiiu sum 

for the erection for the crectiou of the Pilgrim memorial monument at 

memorial" Pi'oviiicetown ; and the vote of the town of Truro, passed 

Provinwtowu. at a Special meeting held on the eleventh day of March, 

nineteen hundred and five, appropriating the sum of one 

hundred dollars for a contribution to said fund is hereby 

ratified and confirmed. 

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

Approved May 5, 1905. 



Chap.S75 An Act relative to the right of children of non- 
resident PARENTS TO ATTEND PUBLIC SCHOOLS. 



R. L. 44, § 4, 
amended. 



Be it enacted, etc., as follows: 



Section 1. Section four of chapter forty-four of the 
Revised Laws is hereby amended by striking out all after 
the word " guardian ", in the second line, to and includ- 
ing the word " to ", where said word first occurs in the 
fifth line, and inserting in place thereof the words : — and 
in the opinion of the school committee of the said city or 
town such residence is for the purpose of there attending 
school in preference to the place of the legal residence of 
his parent or guardian, the said city or town may recover 
from the parent or guardian for the tuition of said child, 
while there attending school, subject to ajipeal to the pro- 
bate court, — so as to read as follows : — Section J^.. If 
a child resides in a city or town other than that of the 
than residence leffal residence of his parent or guardian, and in the 

of parents or S , ^ . .^, • i • 

guardians oumion 01 the school committee ot the said city or town 

regulated. ^ "^ 



Attendance 
of children at 
schools in 
places other 



Acts, 1905. — Chap. 375. 297 

such residence is for the purpose of there attending school Attendance 

c 1C1T n -1 ci-°* Children at 

m T)reierence to the place oi the legal residence oi his schools in 

^ ^ , . ^\ • ^ • , , places other 

j)arent or guardian, the said citj or town may i;gcover than residence 
from the parent or guardian for the tuition of said child, guardiiins "^"^ 
while there attending school, subject to appeal to the pro- ^*'S"ated. 
bate court, an amount equal to the average expense of 
such school for each pupil during the preceding year, for 
a period equal to the Jtime during which the child so at- 
tends, unless the city or to^^^l in which the parent or 
guardian resides is required by section three of chapter 
forty-two to pay for said tuition. For the tuition in the 
public schools in any city or town of a child between the 
ages of five and fifteen years who shall be placed elsewhere 
than in his own home by the state board of charity, or by 
the trustees of the Lyman and industrial schools, or kept 
under the control of either of said boards in said city or 
town, the Commonwealth shall pay to said city or town, 
and for such tuition of any such child so placed by the 
trustees for children of the city of Boston, or so kept 
under the control of said trustees, the city of Boston from 
its appropriation for school purposes, shall pay to said 
city or to\^m, fifty cents for each week of five days, or 
major part thereof, of attendance of every such child in 
the public schools. For the transportation to and from 
a public school of any child whose tuition is payable by 
the Commonwealth or by the city of Boston under the 
provisions of this section, the Commonwealth or the city 
of Boston, as the case may be, shall pay to the city or 
town furnishing such transportation, for each week of five 
days or major part thereof, an amount equal to the aver- 
age amount for each child paid by said city or town per 
week for the transportation of children to and from school 
over the route by which such child is conveyed. Settle- 
ments of the accounts of the several cities and towns with 
the Commonwealth and with the city of Boston shall be 
made annually on the first day of Aj^ril, and the amounts 
found due shall be paid within three months thereafter. 
The money received by said cities and towns under the 
provisions of this section shall be applied to the support 
of schools. For the tuition in the public schools in any 
town of less than ten thousand inhabitants of any child 
between the ages of five and fifteen years not theretofore 
resident in such town, who is an inmate of an institution 
containing more than six inmates, said town may roc<tver 



298 



Acts, 1905. — Chap. 376. 



from said institution the extra school expense incurred, 
as may be determined jointly by the school committee of 
said tpwn and the trustees or managers of said institution, 
or, in case of disagreement between said school committee 
and said trustees or managers, as may be decreed by the 
probate court; but no demand shall be made upon said 
trustees or managers without a vote of the town instruct- 
ing the school committee to that effect. 

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

Approved May 5, 1905. 



Chap.37G An Act relative to the speed of cars and the use of 

TRACKS OF street RAILWAY COMPANIES. 



R. L. 112, § 40, 
etc., amended. 



Cities and 
towns may 
establish 
regulations as 
to speed of 
cars and use 
of tracks of 
street railway 
companies. 



Repeal. 



Be it enacted, etc., as folloivs: 

Section 1. Section forty of chapter one hundred and 
twelve of the Revised Laws, as amended by chapter one 
hundred and forty-three of the acts of the year nineteen 
hundred and three, is hereby further amended by striking 
out the word " shall ", in the second line, and inserting in 
place thereof the word : — may, — and by striking out 
the words " and as to the mode of use of the tracks ", in 
the fourth line, and inserting in place thereof the words: 
— the manner and extent of use of tracks and the number 
and routes of cars which run over such tracks, — so as 
to read as follows : — Section J^O. The board of alder- 
men or the selectmen may from time to time establish such 
regulations as to the rate of speed, the manner and extent 
of use of tracks and the number and routes of cars which 
run over such tracks within their city or town as the in- 
terest and convenience of the public may require, subject 
to the approval, revision or alteration of the board of rail- 
road commissioners; and a street railway company whose 
servants or agents wilfully or negligently violate any such 
regulations shall forfeit not more than five hundred dol- 
lars for each offence. 

Section 2. Section forty-two of chapter one hundred 
and twelve of the Revised Laws is hereby repealed. 

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

Approved May 5, 1905. 



Acts, 1905. — Chaps. 377, 378. 299 



An Act relative to hawkers axd pedlers. Char) 377 

Be it enacted, etc., as foUoivs: 

Section fifteen of chapter sixtj-five of the Revised Laws r. l. gs, § 15, 
is hereby amended by striking ont the word " fruits ", in '■*"'®"'^ **'*• 
the second line, by striking out the words " agricultural 
products of the United States ", in the fourth line, by 
inserting after the word " families ", in the fifth line, 
the words : — or servants, including among such products 
fruits and agricultural products of the United States, — 
and by adding at the end of said section the words : — 
provided, however, that a person princijially engaged in 
the pursuit of agriculture who peddles domestic fruits " 
shall not be deemed a hawker or pedler under the provi- 
sions of this chapter, — so as to read as follows : — Sec- Hawkers and 
Hon 15. Hawkers and pedlers may sell without a license slu'certaif/ 
books, newspapers, pamphlets, fuel, provisions, ice, live |?ithouta'' 
animals, brooms, agricultural implements, hand tools used license. 
in making boots and shoes, and the products of their o^vn 
labor or of the labor of their families or servants, includ- 
ing among such products fruits and agricultural products 
of the United States, if such sale is not in violation of 



.and 

8 may 



any ordinance or by-laws of a city or town. Cities and pties 

■^ , y 1 , -^ . . . 1 towns . — J 

towns may, by ordinance or by-law not inconsistent with regulate sale, 
the provisions of this chapter, regulate the sale and ex- 
posing for sale by hawkers and pedlers of said articles, 
and may affix penalties for the violation thereof: provided, Proviso. 
however, that a person principally engaged in the pursuit 
of agriculture who peddles domestic fruits shall not be 
deemed a hawker or pedler under the provisions of this 
chapter. Approved May 5, 1905. 

An Act to authorize the city of lawrence to incur ni.f^.j. Q7Q 
indebtedness for sewerage purposes. ^ '' 

Be it enacted, etc., as follows: 

Section 1. The city of Lawrence, for the purpose of cityof Law- 

. p , "^ ^ I .. reuce may 

the construction of the sewer known as the Potter s pond incur indebted- 

ncss ncvoml 

sewer, from Ames street through Butler street and Mar- debt limit for 
gin street to the intersection of Bodwell street, for the iwsesfiBsue"^' 
construction of the Bloody brook culvert, and for the con- '^""'*'*> '^**'- 
tinuation of the Osgood street sewer, may incur indebted- 
ness beyond the limit fixed by law to an amount not 



300 Acts, 1905. — Chaps. 379, 380. 

exceeding seventy-five thonsand dollars, and may issue 
bonds, notes or scrip therefor to that amount. Such 
bonds, notes or scrip shall be payable within such periods, 
not exceeding thirty years from the date thereof, as the 
city council shall determine, and, except as otherwise pro- 
vided herein, the provisions of chapter twenty-seven of 
the Revised Laws shall, so far as they may be applicable, 
apply to the indebtedness hereby authorized and to the 
securities issued therefor. 
kKm™*^"*"^ Section 2. The city council of said city shall at the 

time of authorizing said loan provide for the payment 
thereof in such annual proportionate payments as will ex- 
tinguish the same within the time prescribed in this act, 
and thereafter, without further action by the city council, 
the amount required for such payments shall be assessed 
by the assessors of said city in each year in the same man- 
ner 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 city is extinguished. 
Section 3. This act shall take effect upon its passage. 

Approved May 5, 1905. 

ChapSVi^ An Act relative to the furnishing of water by the 

CITY OF LOWELL TO CONSUMERS IN THE TOWN OF DRACUT. 

Be it enacted, etc., as follows: 

tunem?e('if *' Section 1. Scctiou four of chapter four hundred and 

four of the acts of the year nineteen hundred and two is 
hereby amended by striking out the word " three ", in 
the fourth line, and inserting in place thereof the word : 

extended. — fi^c, — SO as to read as follows : — Section Jf. This 
act shall take effect upon its passage, but shall be void 
unless the city of Lowell shall begin to distribute water 
through its pipes to consumers in the town of Dracut 
within five years after the passage of this act. 

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

Approved May 8, 1905. 

CJiap.^SO An Act to establish the salary of the assistant clerk 

OF THE SUPERIOR COURT FOR THE COUNTY OP SUFFOLK HAV- 
ING CHARGE OF THE EQUITY BUSINESS. 

Be it enacted, etc., as follows: 

Henr^E Section 1. The Salary of Henry E. Bellew, the as- 

Beiiew, assist sistaut clcrk of the superior court for the countv of Suf- 

aiit clerk, ^ 



Acts, 1905. — Chap. 381. 301 

folk who has charge of the equity business, shall be live superior court, 
thousand dollars a year, to be so allowed from the first suffoii,*'equity 
day of January in the year nineteen hundred and five, established. 
four thousand five himdred dollars of which shall be paid 
by the county of Suffolk, and five hundred dollars by the 
Commonw^ealth for services performed in respect to ac- 
tions from other counties heard in Suffolk county. 

Section 2. This act shall take effect upon its accept- ^l'^^ ^^ *'^'^'' 
ance by the board of aldermen of the city of Boston 
acting as the county commissioners of the county of Suf- 
folk. Approved May 8, 1905. 

An Act to provide eor suppressing the gypsy and brown ni^^... ^qi 

TAIL moths. ^ ' 

Be it enacted, etc., as follows: 

Section 1. For the purposes of this act the pupa:', Gypsy aud 
nests, eggs and caterpillars of the gypsy and brown tail moths /o bo 
moths and said moths are hereby declared public nui- smn^ressed, 
sances, and their suppression is authorized and required ; 
but no owner or occupant of an estate infested by such 
nuisance shall by reason thereof be liable to an action, 
civil or criminal, except to the extent and in the manner 
and form herein set forth. 

Section 2. The governor, by and with the consent of Supertntend- 

1 -iin • ^ . T ^ ent, appoint- 

tlie council, shall appoint a superintendent lor suppress- ment, salary, 
ing the gypsy and brown tail moths and shall determine 
his salary. The governor may, with the consent of the 
council, remove said superintendent at any time for such 
cause as he shall deem sufficient. In case of the death, 
removal or resignation of the superintendent the governor 
shall forthwith appoint a successor. On or before the Annual reiun-t. 
third Wednesday in January in each year the superin- 
tendent shall make a report of his proceedings to the gen- 
eral court, which shall be a public document and shall 
be printed. Said report shall separate so far as is practi- 
cable the expenditures on work against the gypsy moth 
from those on work against tlie brown tail moth in each 
city and town. 

Section 3. The said superintendent shall act for the Po\yersaud 
Commonwealth in suppressing said moths as public nui- "*^^^' 
sances, in accordance wnth the provisions of this act. Tor 
this purpose he shall establisli an office and keep a record 
of his doings and of his receipts and exiienditures, and 



302 



Acts, 1905. — Chap. 381. 



Powers and 
duties. 



Cities and 
towns to 
destroy eggs, 
nests, etc., 
within their 
limits, except, 
etc. 



Reimburse- 
ments. 



Certain cities 
and towns to 
be reimbursed 
in part by the 
Common- 
wealth. 



may make rules and regulations. He may employ such 
clerks, assistants and agents, including expert advisers 
and inspectors, as he may deem necessary and as shall 
be ai^proved by the governor. He may make contracts 
on behalf of the Commonwealth ; may act in co-operation 
with any person, persons, corporation or corporations, in- 
cluding other states, the United States or foreign govern- 
ments ; may conduct investigations and accumulate and 
distribute information concerning said moths ; may de- 
vise, use and require all other lawful means of suppress- 
ing or preventing said moths ; may lease real estate Avhen 
he deems it necessary, and, with the approval of the board 
in charge, may use any real or personal property of the 
Commonwealth ; may at all times enter upon the land of 
the Commonwealth or of a municipality, corporation, or 
other owner or owners, and may use all reasonable means 
in carrying out the purposes of this act; and, in the under- 
takings aforesaid, may, in accordance with the provisions 
of this act, expend the funds appropriated or donated 
therefor; but no expenditure shall be made or liability 
incurred in excess of such approj^riations and donations. 

Section 4. Cities and towns by such public officer or 
board as they shall designate or appoint, shall, under the 
advice and general direction of said superintendent, de- 
stroy the eggs, pupa3 and nests of the gypsy and brown 
tail moths within their limits, except in parks and other 
property under the control of the Commonwealth, and 
except in private proj^erty, save as otherwise provided 
herein. When any city or town shall have expended 
within its limits city or town funds to an amount in 
excess of five thousand dollars in any one calendar year, 
in suppressing gypsy or brown tail moths, the Common- 
wealth shall reimlnirse such city or town to the extent 
of fifty jDer cent of such excess above said five thousand 
dollars. 

Cities or towns, where one twenty-fifth of one per cent 
of the assessed valuation of real and personal property 
is less than five thousand dollars, and where the assessed 
valuation of real and personal proj)erty is greater than 
six million dollars, shall be reimbursed by the Common- 
wealth to the extent of eighty per cent of the amount 
expended by such cities or towns of city or town funds 
in suppressing the gypsy and brown tail moths in any 



Acts, 1905. — Chap. 381. 303 

one calendar year, in excess of said one twenty-fifth of 
one per cent. 

In the case of towns where the assessed vahiation of common- 

• 1 1 • MT 1 n wealth to make 

real and personal property is less than six million dollars, expenditurea 
after they have expended in any one calendar year town limits of 

xix \ ij-j-j. £j?4-i, X certain towns. 

funds to an amount equal to one twenty-tilth oi one per 
cent of their assessed valuation of real and personal prop- 
erty, the Commonwealth shall expend within the limits 
of such towns, for the purpose of suppressing the gypsy 
and brown tail moths, such an amount in addition as 
the superintendent with the advice and consent of the 
governor shall recommend. Disbursements made by said ^^^g^^^" 
last named to\vns in excess of said one twenty-fifth of one 
per cent shall be reimbursed by the Commonwealth every 
sixty days ; but in the case of all others the Common- 
wealth shall reimburse cities and towns annually accord- 
ing to the provisions of this act. 

^o city or town shall be entitled to any reimbursement cities and 
from the Commonwealth until it has submitted to the au- mit to auditor 
ditor of the Commonwealth itemized accounts and vouch- mouweaith 
ers showing the definite amount expended by it for the amounts of 
purpose of this act ; nor shall any money be paid out of |^penditureB, 
the treasury of the Commonwealth to cities or towns, pur- 
suant to the provisions of this act, until said vouchers and 
accounts have been approved by the auditor of the Com- 
monwealth. 

For the purposes of this section the years nineteen hun- The years i905 
dred and five and nineteen hundred and seven shall be considered '^ 
considered half years, and the valuation for the year nine- ^'^^ years, etc. 
teen hundred and four shall be taken as a basis. 

Section 5. When, in the opinion of the superintend- fo^r^gr*^"**^'^* 
ent, any city or town is not expending a sufiicient amount expenditures 

,, , by cities And 

for the abatement of said nuisance, then the superintend- towns in cer- 
ent shall, with the advice and consent of the governor, 
order such city or to^vn to expend such an amount as 
the superintendent shall deem necessary: provided, that Proviso, 
no city or town where the assessed valuation of real and 
personal property exceeds six million dollars shall be re- 
quired to expend during any one full year more than one 
fifteenth of one per cent of such valuation, and that no 
town where the assessed valuation of real and personal 
property is less than six million dollars shall be required 
to expend during any one full year more than one twenty- 



304 



Acts, 1905. — Chap. 381. 



Penalty. 



Owners of 
infested land 
to be notilied, 
etc. 



Destruction of 
nests, etc., 
may be 
required only 
on part of 
premises in 
certain cases, 
etc. 



City or town 
may destroy 
nests, etc., and 
assess upon 
lands amount 
expended in 
certain cases, 
etc. 



fifth of one per cent of such valuation. For the purposes 
of tliis section the valuation of the year nineteen hundred 
and four shall he used. 

Any city or town failing to comply with the directions 
of the said superintendent in the performance of said 
work within the date specified by him shall pay a fine of 
one hundred dollars a day for failure so to do ; said fine 
to be collected by information brought by the attorney- 
general in the supreme judicial court for Suffolk county. 

Section 6. The mayor of every city and the select- 
men of every town shall, on or before the first day of 
l^ovember in each year, and at such other times as he or 
they shall see fit, or as the state superintendent may order, 
cause a notice to be sent to the owner or owners, so far 
as can be ascertained, of every parcel of land therein 
which is infested with said moths; or, if such notification 
appears to be impracticable, then by posting such notice 
on said parcels of land, requiring that the eggs, pupse 
and nests of said moths shall be destroyed within a time 
specified in the notice. 

A\Tien, in the opinion of the mayor or selectmen, the 
cost of destroying such eggs, pupae and nests on lands 
contiguous and held under one OAvnership in a city or town 
shall exceed one half of one per cent of the assessed value 
of said lands, then a part of said premises on which said 
eggs, pupse or nests shall be destroyed may be designated 
in such notice, and such requirement shall not apply to 
the remainder of said premises. The mayor or select- 
men may designate the manner in which such work shall 
be done, but all work done under this section shall be 
subject to the approval of the state superintendent. 

If the owner or owners shall fail to destroy such eggs, 
pupje or nests in accordance with the requirements of the 
said notice, then the city or town, acting by the public 
officer or board of such city or town designated or ap- 
pointed as aforesaid, shall, subject to the approval of the 
said superintendent, destroy the same, and the amount 
actually expended thereon, not exceeding one half of one 
per cent of the assessed valuation of said lands, as here- 
tofore specified in this section, shall be assessed upon the 
said lands ; and such an amount in addition as shall be 
required shall be apportioned between the city or town 
and the Commonwealth in accordance with the provisions 
of section four of this act. The amounts to be assessed 



Acts, 1905. — Chap. 381. 305 

upon private estates as herein provided shall be assessed To be alien 

in 1 1 n 1 T -1 • 1 upon estates, 

and collected, and shall be a lien on said estates, m the etc. 
same manner and with the same effect as is provided in 
the case of assessments for street watering. 

Section 7. If, in the opinion of the assessors of a Assessment of 

., , iij.1'1 •!! J? betterments. 

City or toA\ai, any land therein has received, by reason oi 
the abatement of said nuisances thereon by said super- 
intendent or by said city or town, a special benefit be- 
yond the general advantage to all land in the city or 
town, then the said assessors shall determine the value 
of such special benefit and shall assess the amount thereof 
upon said land: 'provided, that no such assessment on Provisos, 
lands contiguous and held under one ownership shall ex- 
ceed one half of one per cent of the assessed valuation of 
said lands; and provided, that the owner or owners shall 
have deducted from such assessment the amount paid and 
expended by them during the twelve months last preced- 
ing the date of such assessment toward abating the said 
nuisances on said lands, if, in the opinion of the assessors, 
such amount has been expended in good faith. Such as- To be a lien 
sessment shall be a lien upon the land for three years from 
the first day of January next after the assessment has 
been made, and shall be collected under a warrant of 
the assessors to the collector of taxes of such city or town, 
in the manner and upon the terms and conditions and in 
the exercise of the powers and duties, so far as they may 
be applicable, prescribed by chapter thirteen of the Re- 
vised Laws relative to the collection of taxes. 

Eeal estate sold hereunder may be redeemed within the Refiemption of 
time, in the manner, and under the provisions of law, so ^^'^ 
far as they may be applicable, set forth in chapter thir- 
teen of the Revised Laws for the redemption of land sold 
for taxes. 

A person aggrieved by such assessment may appeal to Persons 
the superior court for the county in which the land lies, by afpeaTto ti"e"^ 
entering a complaint in said court within thirty days after etc!*^"""^ cown, 
he has had actual notice of the assessment, which com- 
plaint shall be determined as other causes by the court 
without a jury. The complaint shall be heard at the first 
sitting of said court for trials without a jury after its 
entry ; but the court may allow further time, or may ad- 
vance the case for speedy trial, or may appoint an auditor 
as in other cases. The court may revise the assessment, 
may allow the recovery back of an amount wrongfully 



306 



Acts, 1905. — Chap. 381. 



Aesessments 
may J)C abated 
in ("crtain 
cases, etc. 



Proviso. 



Expenditures. 



Additional 
sums may be 
expended for 
experimenting 
with parasites, 
etc. 



Repeal. 



assessed which has been paid, may set aside, in a suit 
begun within three years from the date thereof, a col- 
lector's sale made under an erroneous assessment, may 
award costs to either party and may render such judg- 
ment as justice and equity require. 

If, in the opinion of the assessors, the owner of an 
estate upon which an assessment as aforesaid has been 
made is, by reason of age, infirmity or poverty unable to 
-paj the assessment, they may upon application abate the 
same. Every city or town in rendering an account to 
the state auditor as provided for in section four of this 
act shall deduct from such amount as it has expended in 
excess of one twenty-fifth of one per cent or of fi^'e thou- 
sand dollars as provided in said section, the total amount 
it has received for work performed under section six of 
this act during the term covered by the account: provided, 
such work was performed under such conditions as re- 
quire reimbursement in whole or in part by the state. 

Section 8. To meet the expenses incurred under au- 
thority of this act, there shall be allowed and paid out of 
the treasury of the Commonwealth, during the period up 
to and including May first, nineteen hundred and seven, 
the sum of three hundred thousand dollars. Of this 
amount seventy-five thousand dollars may be expended 
during the calendar year nineteen hundred and five ; one 
hundred and fifty thousand dollars, and any unexpended 
balance of the previous year, may be expended during 
the calendar year nineteen hundred and six ; and seventy- 
five thousand dollars, and any unexpended balance of the 
previous years, may be expended during the calendar 
year nineteen hundred and seven, up to and including 
May first. 

SECTiOiSr 9. An additional sum of ten thousand dollars 
in each of the years nineteen hundred and five, nineteen 
hundred and six and nineteen hundred and seven may, 
in the discretion of the state superintendent, be expended 
by him for experimenting with parasites or natural ene- 
mies for destroying said moths, and any unexpended bal- 
ance of any year may be expended in the subsequent 
years. 

Section 10. Chapter tAvo hundred and ten of the acts 
of the year eighteen hundred and ninety-one and sections 
one and two of chapter five hundred and forty-four of the 
acts of the year eighteen hundred and ninety-eight and 



Acts, 1905. — Chap. 382. 307 

section two of chapter fifty-seven of the acts of the year 
nineteen hundred and two, are hereby repealed. 

Section 11. A person who wilfully resists or obstructs Penalty for 
the superintendent or an official of a city or town, or a eu^^/suijerfn- 
servant or agent duly employed, while lawfully engaged in ° ^^^' ^^' 
the execution of the purposes of this act, shall forfeit a 
sum not exceeding twenty-five dollars for each offence. 

Section 12. Valuations of real and personal property valuations of 
of the year nineteen hundred and four shall govern the o govern, 
provisions of this act. 

Section 13. This act shall take effect upon its passage. 

Approved May S, 1905. 

An Act to incoepokate the federal street cemetery (7/i«;>.382 
association. 

Be it enacted, etc., as follows: 

Section 1. George Pierce, William A. Ames, Fred- cemetery''^'^^* 
erick E. Pierce, Martin J. Sauter, Frank II. Keed, Wil- i^fo'^'jj^'^'a^JJti 
liam A. Forbes, Keuben F. Churchill, John D. Pierce 
and Charles B. Jackson, their associates and successors, 
are hereby made a corporation by the name of Federal 
Street Cemetery Association, for the purpose of acquir- 
ing, holding, improving and enlarging, for a place of 
burial of the dead, the grounds now owned and occupied 
by the Greenfield Village Cemetery Company, so-called, 
or by the proprietors thereof, situated on Federal street 
in the village and town of Greenfield ; and said corpora- 
tion shall have all the powers and privileges and be sub- 
ject to all the duties, restrictions and liabilities set forth 
in all general laws now or hereafter in force relating to 
such corporations, except as herein otherwise provided. 

Section 2. The trustees of the said Greenfield Village Trustees of 
Cemetery Company are authorized to convey to the cor- vifiageVenic- 
poration hereby created all the right, title and interest of may conyey"to 
said company, and of the proprietors thereof, in the ceSai^rlght, 
grounds now held by said company, and all moneys be- tit^^, etc. 
longing to or held by them or by any officers of said 
company in trust for the use and benefit of said company 
or for the care of any lots in said cemetery, and all prop- 
erty or rights appertaining to said cemetery: provided, I'roviso. 
that a majority of the members of said comi)any present 
and voting at a meeting called for such purpose shall vote 
so to do. 



308 



Acts, 1905. — Chap. 382. 



May hold 
necessary real 
estate or 
personal 
property. 



Proviso. 



Membership. 



Proceeds of 
sales of lots to 
be applied to 
improvement, 
etc. 



Grants, 
bequests, etc. 



Officers, care 
of cemetery, 
etc. 



Section 3. Said corporation is hereby authorized to 
acquire possession and control of said cemetery, and may 
purchase from time to time, and may acquire by gift, 
bequest or devise, and may hold so much real estate or 
personal property as may be necessary for the purposes 
of the corporation: provided, that nothing herein con- 
tained shall affect the individual rights of proprietors in 
said cemetery. 

Section 4. Only persons who now are or who here- 
after become proprietors of lots in the land included in 
said cemetery, whether by deed or otherwise, and who 
shall sign the by-laws of said corporation, shall be mem- 
bers of said corporation; and whenever any person shall 
cease to be the proprietor of a lot, or of an interest in a 
lot, in said cemetery, he shall cease to be a member of the 
corporation. 

Section 5. The net proceeds of sales of lots in the 
lands held by said corporation shall be applied to the 
preservation, improvement, embellishment, protection or 
enlargement of said cemetery, and to paying the incidental 
expenses thereof, and to no other purpose. 

Section 6. Said corporation is hereby authorized to 
take and hold any grant, gift or bequest of property, upon 
trust, to apply the same or the income thereof to the im- 
provement, embellishment or enlargement of said ceme- 
tery, or of any lot therein, or for the erection, rej^air, 
preservation or removal of any monument, fence or other 
structure, or for the planting and cultivation of trees, 
shrubs or plants in or around any lot, or for improving 
said premises in any other manner consistent with the ob- 
ject of said corporation, according to the terms of such 
grant, gift or bequest. 

Section 7. Said corporation may by its by-laws pro- 
vide for such officers as may be necessary, and may also 
provide for the care and management of the cemetery 
and for the sale and conveyance of lots therein, and for 
the care and management of any funds which it may hold, 
and for any other matters incident to the proper manage- 
ment of the corporation. 

Section 8. This act shall take effect upon its passage. 

Approved May 8, 1905. 



Acts, 1905. — Chap. 383. 309 



An Act relative to the height of buildings in the city rjjtnj^ qqq 

OF BOSTON. "' 

Be it enacted, etc., as follows: 

Section 1. Within thirty days after the passage of ^^a^ofnted*'' 
this act the mayor of the city of Boston shall appoint a to determine 

. . p \ 1 "^ T . . ^^ -, height of 

commission oi three members to determine, m accordance buildings in 
with the conditions hereinafter provided, the height of of Boston, 
huildings witliin the district designated by the commission 
on height of buildings in the city of Boston as district B, 
in accordance with chapter three hundred and thirty-three 
of the acts of the year nineteen hundred and four. 

Section 2. Said commission shall immediately upon To give public 
its appointment give notice and public hearings, and shall estabnlh 
make an order establishing the boundaries of or otherwise eu^"^*^'*"*^^' 
pointing out such parts, if any, of said district B as it 
may designate in which buildings may be erected to a 
height exceeding eighty feet but not exceeding one hun- 
dred feet, and the height between eighty feet and one 
hundred feet to which buildings may so be erected, and 
the conditions under which buildings may be erected to 
said height, except that such order may provide for the 
erection of buildings as aforesaid to a height not exceed- 
ing one hundred and twenty-five feet in that portion of 
said district B which lies within fifty feet from the bound- 
ary line separating said district B from the district desig- 
nated by the commission on height of buildings in the 
city of Boston as district A in accordance with said chap- 
ter three hundred and thirty-three, provided said bound- 
ary line divides the premises affected by such order from 
other adjoining premises both owned by the same person 
or persons, and within sixty days after its appointment 
shall cause the same to be recorded in the registry of 
deeds for the county of Suffolk. Any person who is Persons 
aggrieved by such order may, within sixty days after the appeai^for ™*^ 
recording thereof, appeal to the commission for a revision ; ^''^^^'o"- *^**'- 
and the commission may, previous to the first day of 
January in the year nineteen hundred and six, 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 boundaries so estab- ^*J""n8hea to 
lished shall continue for a period of fifteen years from y.""*'""'' '"»'* 

i -^ lifteeu years, 

etc. 



310 



Acts, 1905. — Chap. 383. 



Compensation 
of comniissiou. 



Height to 
which build- 
ings msiy be 
erected in 
certain parts 
of district B. 



Limitations 
not to apply to 
churches, 
steeples, etc. 



tlie date of the recording of the order made by the com- 
mission on height of buildings in the city of Boston under 
chapter three hundred and thirty-three of the acts of the 
year nineteen hundred and four. The members of the 
commission shall receive such compensation as the mayor 
shall determine. 

Section 3. Within such parts of district B as may be 
designated by the commission as aforesaid (which may, 
except as hereinafter provided, include any parts of said 
district B affected by prior acts limiting the height of 
buildings) buildings may be erected to the height fixed 
by the commission as aforesaid, exceeding eighty feet but 
not exceeding one hundred feet, or one hundred and 
twenty-five feet as, hereinbefore provided, and subject to 
such conditions as may be fixed as aforesaid by the com- 
mission; but within the following described territory, to 
wit : — Beginning at the corner of Beacon street and Han- 
cock avenue, thence continuing westerly on Beacon street 
to Joy street, thence continuing northerly on Joy street 
to Myrtle street, thence continuing easterly on Myrtle 
street to Hancock street, thence continuing southerly on 
Hancock street and Hancock avenue to the point of be- 
ginning, no building shall be erected to a height greater 
than seventy feet, measured on its principal front, and 
no building shall be erected on a parkway, boulevard or 
public way on which a building line lias been established 
by the board of park commissioners or by the board of 
street commissioners, acting under any general or special 
statute, to a greater height than that allowed by the order 
of said boards; and no building upon land any owner of 
which has received and retained compensation in damages 
for any limitation of height or who retains any claim for 
such damages shall be erected to a height greater than 
that fixed by the limitation for which such damages were 
received or claimed. 

Section 4. Xo limitations of the height of buildings 
in the city of Boston shall apply to churches, steeples, 
towers, domes, cupolas, belfries or statuary not used for 
purposes of habitation, nor to chimneys, gas holders, coal 
or grain elevators, open balustrades, skylights, ventilators, 
flagstaffs, railings, weather vanes, soil pipes, steam ex- 
hausts, signs, roof houses not exceeding twelve feet square 
and twelve feet high, nor to other similar constructions 



Acts, 1905. — Chap. 384. 311 

sncli as are usually erected above the roof line of build- 
ings. 

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

Approved May S, 1905. 

An Act relative to the release of persons arrested for Q]invy 304^ 

DRUNKENNESS. 

Be it enacted, etc., as follows: 

Section 1. Chapter two hundred and twelve of the r. l. 21-2, § 37, 
Revised Laws is hereby amended by striking out section -"^'"^"'^ '^'^ • 
thirty-seven and inserting in place thereof the following: 
— Section 37. Whoever arrests a person for drunken- Persons 
ness shall make a complaint against him therefor at the drmfkenueL 
next session of the court or of the trial justice having "eieased in 
jurisdiction of the case; and such court or trial justice ^_'''**"*'''^*^^' 
may proceed to hear and to dispose of the same according 
to due course of law ; and may, if the accused has been 
released under the provisions of this section, order the 
issuance of a warrant for the arrest, or a summons for 
the appearance, of the accused for trial, or if the court 
is satisfied by the report of its probation officer, or other- 
wise, or if the trial justice is satisfied upon inquiry that 
the accused has not twice before been arrested for drunk- 
enness within a year, and that his statement in writing 
hereinafter mentioned is true, the court or trial justice 
may thereupon direct that the accused, if still in custody, 
be released without arraignment; and if not in custody, 
that further proceedings in the case be suspended or that 
the complaint be dismissed. 

A person so arrested may, after he has recovered from Persons so. 
his intoxication, make a statement in writing, addressed make a '"'^^ 
to the court or trial justice having jurisdiction of his wruTn^-an!" 
offence, giving his name and address, setting forth what reSetu'roni 
persons, if any, are dependent upon him for support, his custody, etc. 
place of employment, if any, and whether he has been 
arrested for drunkenness within the twelve months next 
preceding, and requesting to be released from custody; 
and may deliver said statement to the officer in charge 
of the place in which he is confined, who shall indorse 
thereon the name of the arresting officer, and if the arrest 
is made within the jurisdiction of a trial justice, his 
opinion of the probable truth of said statement for the 



312 



Acts, 1905. — Chap. 385. 



Persons so 
arrested may 
make a 
statement in 
writing and 
request to be 
released from 
custody, etc. 



Proviso. 



Persons 
arrested for 
drunlienness 
to 1)6 informed 
of their right 
to make 
statement, etc. 



use of siicli trial justice, and shall transmit the same to 
such trial justice ; and if the arrest is made within the 
jurisdiction of a court having a probation officer, the offi- 
cer in charge of the place in which he is confined shall 
transmit such statement to said probation officer. Said 
probation officer, or his assistants, shall forthwith inquire 
into the truth thereof and shall investigate the record of 
said person as to previous similar offences, and, for the 
use of the court having jurisdiction of the case, shall in- 
dorse on such statement, with his signature, the result of 
his investigation. The officer for the time being in charge 
of the place of custody in a town where no probation offi- 
cer resides forthwith may release, and elsewhere the pro- 
bation officer or assistant probation officer of the court 
having jurisdiction of the offence may direct the officer 
in charge of the place of custody forthwith to release, and 
such officer so in charge shall thereupon release, such ar- 
rested person pursuant to his request: jjrovided, that the 
officer so releasing or directing the release believes that the 
person arrested has given his true name and address, that 
he will appear upon a summons, and that he has not twice 
before been arrested for drunkenness within the preced- 
ing twelve months. 

Section 2. The officer in charge of the place of cus- 
tody in which a person arrested for drunkenness is con- 
fined shall inform him, when he has recovered from his 
intoxication, of his right to make a statement in writing 
and request for release as aforesaid, and an officer making 
an arrest under the authority of the preceding section shall 
not bo liable for illegal arrest or imprisonment, if the 
person arrested is released at his request as herein pro- 
vided. Approved May 8, 1905. 



C7iap.385 An Act to provide for the abolition of certain grade 

CROSSINGS AND FOR OTHER RAILROAD IMPROVEMENTS IN 
THE CITY OF LOWELL. 

Be it enacted, etc., as follows: 

Section 1. The Boston and Lowell Railroad Corpora- 



The Boston 
and Lowell 

Cor wation to ^i^^^? ^hc Bostou and Maine Railroad, lessee, is hereby re- 
aboiish certain (luired within three months after the passage of this act 

fiTTftUG cross- i. o 

ings in Lowell, to abolisli the grade crossings of said Boston and Lowell 
railroad over Middlesex and Thorndike streets east of the 
Middlesex street station in the city of Lowell, and at its 



Acts, 1905. — Chap. 385. 313 

own expense to remove its tracks from said streets, and to 
grade and pave the parts of said streets from which said 
tracks are removed, in such manner as shall correspond 
with the general surface of said streets, and to the reason- 
able satisfaction of the superintendent of streets of said 

Section 2. In order to maintain communication be- Majmnits 
tween its main line south of Middlesex street and its ove^tracks of 
tracks and sidings along the easterly side of Button street ana^i'olui'i 
and the various manufacturing establishments connected porauon.ete.' 
therewith, the Boston and Lowell Railroad Corporation, 
its successors, lessees and assigns, shall have the right to 
run its engines, cars and trains over the tracks of the 
Nashua and Lowell Railroad Corporation, its successors, 
lessees and assigns, lying easterly and southerly of Button 
street and northerly of Western avenue as far as the in- 
tersection of said tracks with the main line of said ISTashua 
and Lowell railroad, and thence northerly and southerly 
along said main line between the location of the said 
Boston and Lowell railroad at the Middlesex street sta- 
tion and a point eighteen hundred feet northerly of said 
intersection. After the termination of the present lease 
of the said Nashua and Lowell railroad to said Boston 
and Lowell Railroad Corporation, the said Boston and 
Lowell Railroad Corporation, its lessees and assigns, shall 
pay to said Nashua and Lowell Railroad Corporation, its 
successors and assigns, a reasonable compensation for the 
use of said tracks, the amount thereof, in case of disagree- 
ment, to be determined by the board of railroad commis- 
sioners, or otherwise as may be provided by law. 

Section 3. The Boston and Lowell Railroad Corpora- to construct 
tion, the Boston and Maine Railroad, lessee as aforesaid, ^^Itehes, etc. 
shall construct suitalde tracks and switches to connect the 
tracks and sidings of the Boston and Lowell Railroad Cor- 
poration now located along the northerly side of Jackson 
street in said Lowell with the tracks and sidings of the 
said corporation now located along the easterly side of 
Button street, in such a manner that the manufacturing 
establishments connected with said tracks on Jackson 
street shall suffer no substantial diminution in the effi- 
ciency of their freight service, and if, in order to make Alterations 
such connections, it shall become necessary to widen or j"''f,riilfr'."over 
otherwise alter the present bridge of the Boston and I'llal^ete"*''"^* 
Lowell Railroad Corporation over the Pawtuckct canal 



314 



Acts, 1905. — Chap. 385. 



Damages. 



Certain passen- 
ger station 
may be 
abandoned, 
etc. 



Proviso. 



To take certain 
land, etc. 



Damages. 



Enforcement 
of certain 
provisions. 



east of Thorndike street, the Boston and Lowell Eailroad 
Corporation, the Boston and Maine Railroad, lessee as 
aforesaid, shall, withont in any manner obstructing the 
free flow of Avater through said canal or the free passage 
of boats and rafts therein, make such alterations as are 
required, and shall pav to the Proprietors of the Locks 
and Canals on Merrimack River the amount, if any, of 
the damage caused thereby, such amount to be assessed in 
the manner jDrovided by general laws for assessing dam- 
ages where land is taken for a highway. 

Section" 4. In order to facilitate the abolition of said 
grade crossings, and as soon as the tracks shall be removed 
from Thorndike and Middlesex streets, as provided in sec- 
tion one, the Boston and Lowell Railroad Corporation and 
the Boston and Maine Railroad, its lessee, may abandon 
the passenger station situated at the northerly terminus 
of the main line of said Boston and Lowell railroad at 
Merrimack street in said Lowell and discontinue running 
passenger trains thereto: ijrovided, however, that the right 
herein granted to abandon the said station, and to dis- 
continue the nmning of trains thereto, shall be and the 
same is hereby expressly made conditional upon the due 
performance by said railroad corporations or either of 
them of the respective obligations placed upon them by 
the provisions of the following section. 

Section 5. The said Boston and Lowell Railroad Cor- 
poration shall, within three months after the abandonment 
of said Merrimack street station, take by purchase or 
otherwise all the land lying easterly of the Middlesex 
street station between Middlesex, Thorndike and Chelms- 
ford streets and said Boston and Lowell Railroad Corpo- 
ration, the Boston and Maine Railroad, lessee as aforesaid, 
shall grade the same in such manner as to make a wide, 
safe and convenient approach for vehicles and pedestrians 
to the easterly side of said Middlesex street station, and 
shall pay the owner or owners of land so taken, damages 
to be assessed in the manner provided by general laws 
for assessing damages where land is taken for a highway. 

Section 6, In case the said Boston and Lowell Rail- 
road Corporation and the said Boston and Maine Railroad, 
lessee as aforesaid, shall abandon the said Merrimack street 
station in accordance with the right hereby conferred, and 
either or both of them shall thereafter fail to perform the 
conditions imposed upon said- corporations by section five 



Acts, 1905. — Chap. 386. 315 

of this act, the supreme judicial court or the superior court 
shall have jurisdiction in equity upon petition of the city 
of Lowell to compel the performance thereof. 

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

Approved May 9, 1905. 

An Act relative to elections and caucuses. Chav.3S6 

Be it enacted, etc., as follows: 

Section 1. The first sentence of section seventy-three r. l. ii, § 73, 
of chapter eleven of the Revised Laws is hereby amended ''*'"'^° ^'^' 
by striking out the word " six ", in the second line, and 
inserting in place thereof the word : — eight, — and by 
striking out the word " tenth ", in the third line, and in- 
serting in place thereof the word : — twelfth, — so that 
the first sentence of said section as amended will read as 
follows : — Section 73. Said board shall, between the Election com. 
fifteenth day of June and the first day of October in the 'C^f fo' °* 
year nineteen hundred and eight, and in every twelfth "e^^|t|\?"(™^ 
year thereafter, make a new general register of the quali- voters, 
fied male voters, which shall be prepared in the manner 
provided by law for preparing general registers. 

Section 2. Section one hundred and eight of said ^- ^- ^^' § J*^'^- 

o etc., amended. 

chapter, as amended by section seven of chaj^ter four hun- 
dred and seventy-four of the acts of the year nineteen 
hundred and three, is hereby further amended by insert- 
ing after the word " paper ", in the twenty-second line, 
the words : — in Boston, and no nomination paper in any 
other city or town, — and after the word " candidates ", 
in the twenty-fifth line, the words : — in Boston, and no 
such vacancy in any other city or town, except for a 
delegate or delegates to a convention, — so as to read as 
follows: — Section 108. dominations of candidates for Nominations 
elective offices, for delegates to a convention, for caucus non'finati'on'*^ 
officers, and for a ward or town committee to be voted for i^''^i"^''"'*- 
at a caucus, shall be made by nomination papers, as here- 
inafter provided. Such nominations shall be made on 
the blank nomination papers prepared and delivered in 
accordance with the preceding section ; and no nomina- 
tion paper offered for filing shall be received or shall be 
valid to which is attaclied any card, paper or other device 
containing the name of a candidate, his written accept- 
ance, or the signature of any voter required by this sec- 
tion. Such papers shall be signed in person by at least signatures, 



316 



Acts, 1905. — Chap. 386. 



Acceptances of 
candidates to 
be in writing. 



R. L. 11, § 149, 
amended. 



Nominations 
to be deemed 
valid unless 
objected to, 
etc. 



R. L. 11, § 151, 
amended. 



Withdrawal 
of names of 
candidates. 



five voters of the ward or town in which the caucus is to 
be held, who shall be members of the political party hold- 
ing the caucus, and who shall add to their signatures the 
street and number, if any, of their residences. Such 
papers for a district composed of more than one ward or 
town shall be signed by a number of voters equal in the 
aggregate to not less than five voters for each ward or 
town in said district. J^omination papers shall not con- 
tain a larger number of names of candidates than there 
are persons to be elected. ISTo nomination paper in Bos- 
ton, and no nomination paper in any other city or town, 
except for a delegate or delegates to a convention, shall be 
valid in respect to any candidate whose written accept- 
ance is not thereon, ^o vacancy caused by the death, 
withdrawal or ineligibility of any of the above candidates 
in Boston, and no such vacancy in any other city or town, 
except for a delegate or delegates to a convention, shall 
be filled in the manner provided by law, unless the per- 
son entitled to fill such vacancy files the written accept- 
ance of the candidate who is nominated to fill the vacancy. 

Sectiojst 3. Said chapter eleven is hereby further 
amended by striking out section one hundred and forty- 
nine and inserting in place thereof the following : — Sec- 
tion lJf9. When certificates of nomination and nomina- 
tion papers have been filed, and are in apparent con- 
formity with law, they shall be valid unless objections 
thereto are made in writing. Such objections to nomina- 
tions of candidates for state offices shall be filed with the 
secretary of the Commonwealth, for city offices with the 
city clerk, or in Boston with the election commissioners, 
and for town offices with the town clerk ; and in the case 
of state offices within the seventy-two week-day hours, in 
the case of city offices within the forty-eight week-day 
hours, and in the case of town offices within the twenty- 
four week-day hours, succeeding five o'clock in the after- 
noon of the last day fixed for the filing of nomination 
papers for such offices. 

Section 4. Said chapter eleven is hereby further 
amended by striking out section one hundred and fifty- 
one and inserting in place thereof the following : — Sec- 
tion 151. A person nominated as a candidate for any 
state, city or town office may withdraw his name from 
nomination by a request in writing signed by him and 
acknowledged before a justice of the peace and filed with 



Acts, 1905. — Chap. 386. 317 

the officer with whom the nomination was filed, in the case 
of a state oftice within the seventy-two week-day hours, 
in the case of a city office within the forty-eight week-day 
hours, and in the case of a town office within the twenty- 
four week-day hours, succeeding five o'clock in the after- 
noon of the last day fijxed for the filing of nomination 
papers for such office. 

Section 5. Said chapter eleven is hereby further r. l. ii, § 152, 
amended by striking out section one hundred and fifty- ' 
two and inserting in place thereof the following: — /S^ec- Nominations to 
tion 152. If a candidate nominated for a state, city or caused'by 
town office dies before the day of election, or withdraws drawai7eto. 
his name from nomination, or is found to be ineligible, 
the vacancy may be filled by the same political party or 
persons who made the original nomination, and in the 
same manner; or, if the time is insufficient therefor, the 
vacancy may be filled, if the nomination was made by a 
convention or caucus, in such manner as the convention 
or caucus may have prescribed, or, if no such provision 
has been made, by a regularly elected general or executive 
committee representing the political party or persons who 
held such convention or caucus. If a vacancy is caused 
by withdrawal, certificates of nomination made otherwise 
than in the original manner shall be filed within seventy- 
two week-day hours in the case of state offices, or within 
forty-eight week-day hours in the case of city or town 
offices, succeeding five o'clock in the afternoon of the last 
day for filing withdrawals. They shall be open to objec- 
tions in the same manner, so far as practicable, as other 
certificates of nomination. ISTo vacancy caused by with- 
drawal shall be filled before the withdrawal has been filed. 

Section 6. Said chapter eleven is hereby further r. l. n, § ni, 
amended by striking out section one hundred and seventy- ^ '"' ""^'^"^ 
one, as amended by section nine of chapter four hundred 
and fifty-four of the acts of the year nineteen hundred 
and three, and inserting in place thereof the following : — 
Section 171. The mayor of every city, except Boston, Election 
shall annually, with the approval of the board of alder- ciuesrexcept 
men, appoint as election officers for each voting precinct, p^nt*menT, etc. 
one warden, one deputy warden, one clerk, one deputy 
clerk, four insi")eetors and four deputy inspectors, who 
shall, at the time of their appointment, be qualified voters 
in the ward of which such precinct forms a part. lie 
may, in like manner, appoint two inspectors and two 



318 



Acts, 1905. — Chai\ 386. 



R. L. 11, § 173, 
etc., amended. 



Election 
officers, politi- 
cal representa- 
tion. 



Term of office. 



Removal. 



R. L. 11, § 17.5, 
etc., amended. 



Vacancy 
in number of 
election 
officers, ap- 
pointment, etc. 



deputy inspectors in addition. Every such nomination 
shall be filed in the office of the city clerk of such city in 
the month of August, and on or before the thirty-first day 
of said month, and shall be acted upon by the board of 
aldermen not less than three days after the filing of such 
nomination and on or before the second Monday in Sep- 
tember following. Such nomination shall be open to pub- 
lic inspection. 

Section 7. Section one hundred and seventy-three of 
said chai3ter eleven, as amended by section nine of chap- 
ter four hundred and fifty-four of the acts of the year 
nineteen hundred and three, is hereby further amended 
by striking out the word " first ", in the tenth line, and 
inserting in place thereof the word : — fifteenth, — so as 
to read as follows : — Section 1 73. Such election officers 
shall be so appointed as equally to represent the two lead- 
ing political parties, except that, without disturbing the 
equal representation of such parties, not more than two 
of such election officers not representing either of them 
may be appointed. The warden shall be of a difi^erent 
political party from the clerk, and not more than one half 
of the inspectors shall be of the same political party. In 
each case the principal officer and his deputy shall be of 
the same political party. Every election officer shall hold 
office for one year, beginning with the fifteenth day of 
September succeeding his appointment, and until his suc- 
cessor is appointed and qualified, or until his removal. 
An election officer may be removed by the mayor, with 
the approval of the aldermen, or by the selectmen after 
a hearing, upon written charges of incompetence or official 
misconduct preferred by the city or town clerk or by not 
less than six voters of the ward, or, in a town, of the vot- 
ing precinct in which the officer is appointed to act. 

Section 8. Section one hundred and seventy-five of 
said chapter eleven, as amended by section nine of chap- 
ter four hundred and fifty-four of the acts of the year 
nineteen hundred and three, is hereby further amended 
by adding at the end of said section the words : — Ap- 
pointments to fill vacancies may be acted upon immediately 
by the board of aldermen, — so as to read as follows : — 
Section 175. If a vacancy in the number of the election 
officers occurs before the twentieth day of September in 
any year, or, in a city, after the annual state election and 
one week at least before the annual city election, or if an 



Acts, 1905. — Chap. 386. 319 

election officer declines his appointment and gives notice 
thereof to the city or town clerk before the twentieth day 
of September, or, if at a special election the office of an 
election officer is vacant, the mayor, with the approval of 
the aldermen, or the selectmen, shall fill the vacancy; and 
the appointment shall be so made as to preserve the equal 
representation of the two leading political parties. Ap- 
pointments to fill vacancies may be acted upon immedi- 
ately by the board of aldermen. 

Section 9. Section three hundred and twenty-four of R-L-ji,§324, 

• 1 1 1 -11 111 M • 1 amended. 

said chapter eleven is hereby amended by striking out the 
first nine lines and inserting in place thereof the Avords: 
— At the annual state election in the year nineteen hun- 
dred and five, and every tenth year thereafter, nine com- 
missioners shall be elected for the county of Suffolk, for 
the performance of the duties specified in section four 
hundred and twenty-six. Five of said commissioners 
shall be residents of and voters in the city of Boston and 
shall be elected by the voters of that city ; two shall be 
residents of and voters in the city of Chelsea and shall 
be elected by the voters of that city; one shall be a resi- 
dent of and a voter in the town of Winthrop and shall be 
elected by the voters of that town; and one shall be a 
resident of and a voter in the to%\m of Revere and shall 
be elected by the voters of that town, — so as to read as 
follows : — Sectioti 32Jf. At the annual state election in Commissioners 
the year nineteen hundred and five, and every tenth year .sutfuik"<',lunty 
thereafter, nine commissioners shall be elected for the ekction'^tcf' 
county of Suffolk, for the performance of the duties speci- 
fied in section four hundred and twenty-six. Five of said 
commissioners shall be residents of and voters in the city 
of Boston and shall be elected by the voters of that city; 
two shall be residents of and voters in the city of Chelsea 
and shall be elected by the voters of that city; one shall 
be a resident of and a voter in the to^vn of Winthrop and 
shall be elected by the voters of that town; and one shall 
be a resident of and a voter in the town of Revere and 
shall be elected by the voters of that town. Said com- Term of otrue, 
missioners shall hold office for one year from the first ete.'*°'^* '°'^* 
Wednesday of January next after their election. At their 
first meeting, they shall organize by choosing a chaii-man, 
who shall be one of their number, and a clerk. The city 
of Boston shall provide them with a suitable office and 
room for hearings and shall allow and pay to them not 



320 



Acts, 1905. — Chap. 386. 



Filling of 
vacaucics 
caused l)y 
withdrawal, 
etc., of candi- 
dates nomi- 
nated by direct 
nomination. 



Committees of 
political and 
municipal 
parties to give 
notice of 
intention to 
participate in 
primaries, etc. 



Objections to 
nomination 
papers, etc., 
bj' whom 
considered. 



Officers to 
serve at 
jtrimaries may 
be designated, 
etc. 



mn, 4.54, § 13, 

amended. 



more than seven hundred dolhirs for clerk hire, stationery 
and incidental expenses. 

Section 10. In the event of the withdrawal or death 
of any candidate of a jDolitical party nominated by direct 
nomination for any office, there shall he deemed to be a va- 
cancy, which may be filled by a regularly elected general 
or executive committee representing the election district 
in which such vacancy occurs, or, if no such committee 
exists, by the members of the ward and town committees 
in the wards and towns comprising such district. 

Sectioist 11. Notices of intention to participate in 
primaries shall be furnished by the city and town com- 
mittees of such political and municipal parties as are en- 
titled to and desire to participate therein not less than 
twentj'-two days prior to the day on which the primaries 
are to be held, to the election commissioners in Boston, 
the city clerk in other cities or the town clerk in to\vns. 
Said notices shall state the number of delegates to be 
chosen to each convention and the number of members of a 
ward or town committee to be elected in each ward or town. 

Section 12. Objections to nomination papers, and all 
other questions relating thereto, shall be considered in 
Boston by the ballot law commission of said city; in other 
cities by the board of registrars, the city clerk and the city 
solicitor; and in towns by the board of registrars. 

Section 13. The election commissioners in Boston, 
the city clerks in other cities, and the town clerks in 
towns may designate two inspectors and two dejiuty in- 
spectors, representing the two leading political parties, in- 
stead of a larger number, to serve at the primaries, and 
from the whole body of election officers they may desig- 
nate officers equally representing the two leading political 
parties to serve as tellers in any precinct or ward during 
part of the day for the purpose of receiving ballots, check- 
ing names, or canvassing and counting votes, such tellers 
to receive such part of a full day's compensation of elec- 
tion officers as the election commissioners in Boston, the 
board of aldermen in other cities, or the selectmen in 
towns, may determine. 

Section 14. Chapter four hundred and fifty-four of 
the acts of the year nineteen hundred and three is hereby 
amended by striking out section thirteen and inserting in 
place thereof the following: — Section IS. The election 



Acts, 1905. — Chap. 386. 321 

commissioners iu Boston, the city clerks in other cities, and Canvass of 

I'Gtiirus of 

town clerks in towns, shall canvass the returns of votes, votes cast at 
determine the results, issue proj^er certificates thereof to "'"^^'^ 
the successful candidates, and notify the chairmen of the 
city or town committees of the respective parties as to 
the persons who have been elected delegates to conventions 
and members of ward and town committees. 

They shall also certify to the facts required by law as certificates of 
to certificates of nominations of representatives to the gen- be filed witV* 
eral court, and shall file such certificates with the secre- the'common. 
tary of the Commonwealth on or before the Thursday "*^^^i*'i- 
designated by law therefor. 

Sectiox 15. Said chapter is hereby further amended j['|[J|jj|f*^ ^ ^*' 
by adding to section fourteen the following : — and the chairman or 
city or town clerk, or in Boston the board of election com- cornmm,ee°to 
missioners, shall notify the chairman or secretary of the ^^'^ "^^^'fi^^- 
committee of the political party interested. 

Sectiojst 16. Section sixteen of said chapter is hereby i903, 454, § le, 
amended by striking out the said section and inserting in *'™^" ^ 
place thereof the following: — Section 16. In Boston Nomination of 
conventions to nominate candidates for school committee for sciiooT 
shall be called for and held on the eighth day after the Boston.*"' ''^ 
primaries before the city election ; certificates of nomina- 
tion by such conventions shall be filed before five o'clock 
in the afternoon of the ninth day after said primaries. 
Nomination papers for city offices shall be filed before five Nomination 
o'clock in the afternoon of the eleventh day after said cuy^ffices, 
primaries ; objections to and withdrawals from nomina- fioJ'f'and*^*^ 
tions of candidates for city offices shall be filed before five ^^^thdrawais, 
o'clock in the afternoon of the thirteenth day after said 
primaries ; certificates of nomination to fill vacancies 
caused by withdrawals therefrom shall be filed before 
five o'clock in the afternoon of the fifteenth day after said 
primaries. 

Section 17. In any city or town which has adopted {?",^f"°°°* 
or may have adopted said chapter, the following question primaries mjiy 
shall be put on the official ballot at any city election or voters, 
annual meeting on petition of five per cent of the voters 
registered at the time of the preceding city election or 
annual meeting of a town, filed on or before the last day 
of filing nomination papers : — " Shall joint caucuses or 
primaries continue to be held in this city (or town) ? " 
In any city or town not nominating by primaries the fol- 



322 Acts, 1905. — Chap. 387. 

lowing question may, by similar petition, be put on the 
ballot at the next city election or annual meeting : — 
" Shall joint caucuses or primaries be held in this city 
(or town) under the provisions of chapter four hundred 
and fifty-four of the acts of the year nineteen hundred 
and three as amended by chapter of the acts of the 

year nineteen hundred and five ? " In the event of an 
afiirmative or negative vote on these questions, primaries 
shall or shall not thereafter be held accordingly. 
^P®^^- Section 18. Chapter three hundred and seventy-seven 

of the acts of the year nineteen hundred and four and all 
other acts or parts of acts inconsistent herewith are hereby 
repealed. 

Section 19. This act shall take effect upon its passage. 

Approved May 10, 1905. 

Chap.3S7 An Act to authorize the town of douglas to lay out 

SPECIAL TOWN WAYS FOR THE USE OF STREET RAILWAY 
COMPANIES. 

Be it enacted, etc., as follows: 
Town of Section 1. The town of Douclas may lay out special 

Douglas may => i/ e' _ i 

lay out special town ways lor railways operated bv any motive power 

town ways for , / oi i " ^ • ^ i\l 

certain rail- Bxcopt steam. biich ways may cross nighways and town 
ways, e c. ways, at grade or otherwise, and shall be laid out, altered 
and discontinued in the manner provided by law in the 
case of town ways, except that the selectmen shall exer- 
cise the powers conferred on the road commissioners, if 
any such commissioners are chosen by the town, and that 
there shall be no appeal to the county commissioners ; 
and the rights and remedies of all persons interested shall 
be the same, so far as they may be applicable, as those 
provided in the case of laying out tow^n ways. There 
may be included in such ways land necessary or conven- 
ient for approaches, and for buildings or other structures 
used in the operation of such railways. 
Selectmen Section 2. The selectmen of the town mav grant lo- 

may grant _ ; <-> , 

locations, etc. catioiis in sucli ways to street railway companies, subject 
to the terms, conditions and obligations provided by law 
in the case of grants of locations to street railway com- 
panies in public streets, and may require any company 
to which a location is granted to pay for the same such 
amounts and in such manner as the railroad commission- 
ers shall approve, but no grant of location shall take effect 



Acts, 1905. — Chap. 387. 323 

until approved by vote of the town. In granting any 
location the selectmen may require of the company receiv- 
ing the same, security to the town, by bond or otherwise, 
that the company will perform and observe the terms and 
conditions imposed by such grant. Any street railway 
company organized under general or special law and hav- 
ing authority to operate a street railway in the town may, 
if it obtains a location as above provided, construct, main- 
tain and operate its road over such special town ways. 
The town shall be under no obligation to perform any 
work of construction, but may do such work as it deems 
expedient. 

Section 3. Such special town ways shall be used only Purpose for 
for the purpose stated in the first section, except that town ways" 
drains, pipes, tubes and conduits for water, gas, electric ™»yt)eused, 
wires and other like objects, and poles for wires and 
cables, may be laid, erected and maintained therein as 
in the public streets. To^^m ways and highways may be 
laid out, altered or located anew across any special town 
way at grade or otherwise. The said town shall not be 
liable for any defect in a special town way, and shall not 
be oliliged to keep the same in repair. 

Section 4. When any person is cut off by a special beestaiSishelf 
town way from access to lands owned by him the select- or abolished 
men shall, after due notice to the parties in interest and cases. 
a hearing, establish a crossing, and shall make from time 
to time all reasonable orders as to the construction, mainte- 
nance and use thereof, and shall apportion the expense of 
construction, and from time to time the expense of mainte- 
nance, between the town and the street railway companies 
using the way, as justice may require. xVny such cross- 
ing, if it has become unnecessary or inconvenient, may 
be abolished by the selectmen after due notice to the 
parties in interest and a hearing; but no crossing shall 
be abolished without the consent of any person who would 
thereby be cut off from access to his lands, until another 
crossing established in the manner herein provided is sub- 
stituted. Any person aggrieved by any action or failure Persons 
to act on the part of the selectmen in relation to any such "my appeal to 
crossing may appeal to the railroad commissioners by m^esioners.'etc. 
petition filed within three months after the action com- 
plained of, or within six months after application is first 
made to the selectmen if they have failed for two months 
to take final action thereon; and the railroad commission- 



324 



Acts, 1905. — Chap. 387. 



Enforcement 
of orders. 



Douglas 
Special Town 
Way Lean. 



Proviso. 
Payment of 
loan. 



Certain income 
to be applied 
to payment of 
interest, etc. 



ers, after due notice to the parties in interest and a hear- 
ing, shall make such order as the selectmen might have 
made. The superior court sitting in equity shall have 
jurisdiction to enforce any order made by the selectmen 
or railroad commissioners as above provided. 

Section 5. For the purpose of paying and discharg- 
ing all necessary expenses and liabilities incurred under 
the provisions of this act the said town shall have author- 
ity from time to time to issue bonds to such an amount, 
not in excess of the debt limit of the town, as shall be 
approved by the board of railroad commissioners, but such 
approval shall not be given until after said board has given 
a public hearing to all parties interested, including citi- 
zens and taxpayers of the town, of which hearing thirty 
days' public notice shall be given in the manner and to 
the extent required in warning the citizens of a town meet- 
ing in said town, and, after such hearing, has certified 
that such issue of bonds is required by public necessity 
and convenience and by the interests of the town. Such 
bonds shall be signed by the treasurer and countersigned 
by a majority of the selectmen, shall be payable at periods 
not exceeding twenty years from the dates of issue, shall 
bear interest payable semi-annually at a rate not exceed- 
ing four per cent per annum, and shall bear on their face 
the words, Douglas Special Town Way Loan. The town 
may sell such bonds at public or private sale or pledge the 
same for money borrowed for the purposes of this act: 
provided, that none of such bonds shall be sold for less 
than their par value. Said town, instead of establishing 
a sinking fund, shall at the time of authorizing the loan 
provide for the payment thereof in such annual propor- 
tionate payments as will extinguish the same within the 
time prescribed in this act; and when a vote to that effect 
has been passed the net amount required under the pro- 
visions _ of this and the following section shall, without 
further vote, be assessed by the assessors of said town in 
each year thereafter until the debt incurred by said loan 
is extinguished. 

Section 6. Said town shall each year apply the net 
income and receipts derived from the grants of locations 
to the payment of said interest, and the remainder, if 
there be any, of such net income and receipts, it shall 
apply, so far as may be necessary, toward the annual pro- 
portionate payments required by the preceding section, 



Acts, 1905. — Chap. 388. 325 

and the amount so applied or paid shall be deducted from 
the Slims which would otherwise be required to be raised 
bj taxation. 

Section 7. ISTothing shall be done under this act until done'umii^® 
it has been accepted at a town meeting called for the accepted by 
purpose. After the town has accepted this act no grant 
by the selectmen to a street railway company of a loca- 
tion in any public street in the town shall take effect until 
approved by vote of the town. 

Section 8. Except as otherwise provided herein this when to take 
act shall take effect upon its passage. 

Approved May 10, 1905. 

Ax Act to authorize the town of sutton to lay out njiajf 3gg 

SPECIAL town ways FOR THE USE OF STREET RAILWAY 
COMPANIES. 

Be it enacted, etc., as follows: 

Section 1. The town of Sutton may lay out special sutYon*'m-t 
town ways for railways operated by anv motive power lay out special 
except steam. Such Avays may cross highways and town for certain 
ways, at grade or otherwise, and shall be laid out, altered ^^^ ^''^^' ^ 
and discontinued in the manner provided by law in the 
case of toA\Ti ways, except that the selectmen shall exer- 
cise the powers conferred on the road commissioners, if 
any such commissioners are chosen by the to^^m, and that 
there shall be no appeal to the county commissioners ; and 
the rights and remedies of all persons interested shall be 
the same, so far as they may be applicable, as those pro- 
vided in the case of laying out town ways. There may 
be included in such ways land necessary or convenient for 
approaches, and for buildings or other structures used in 
the operation of such railways. 

Section 2. The selectmen of the town may grant lo- selectmen 
cations in such ways to street railway companies, subject locati^sl etc. 
to the terms, conditions and obligations provided by law 
in the case of grants of locations to street railway com- 
panies in public streets, and may require any company to 
which a location is granted to pay for the same such 
amounts and in such manner as the railroad commission- 
ers shall approve, but no grant of location shall take effect 
until approved by vote of the to^vn. In granting any 
location the selectmen may require of the company receiv- 
ing the same, security to the town, by bond or otherwise, 



326 Acts, 1905. — Chap. 388. 

that the company will perform and observe the terms and 
conditions imposed by such grant. Any street railway 
company organized under general or special law and hav- 
ing authority to operate a street railway in the town may, 
if it obtains a location as above provided, construct, main- 
tain and operate its road over such special town ways. 
The town shall be under no obligation to perform any 
work of construction, but may do such work as it deems 
expedient. 
whichB^ecfai Section 3. Such Special town ways shall be used only 
town ways for the purposc stated in the first section, except that 

may be used, ,. \ ^ -, -, ,.„ ' ^,. 

etc. drams, pipes, tubes and conduits lor water, gas, electric 

wires and other like objects, and poles for wires and 
cables, may be laid, erected and maintained therein as in 
the public streets. Town ways and highways may be 
laid out, altered or located anew across any special town 
way at grade or otherwise. The said town shall not be 
liable for any defect in a special town way, and shall not 
be obliged to keep the same in repair. 
beestab1fsh"d^ Section 4. When any person is cut off by a special 
oertain^cases''^ town way from acccss to lands owned by him, the select- 
men shall, after due notice to the parties in interest and 
a hearing, establish a crossing, and shall make from time 
to time all reasonable orders as to the construction, mainte- 
nance and use thereof, and shall apportion the expense of 
construction, and from time to time the expense of mainte- 
nance, between the town and the street railway companies 
using the way, as justice may require. Any such crossing, 
if it has become unnecessary or inconvenient, may be 
abolished by the selectmen after due notice to the parties 
in interest and a hearing; but no crossing shall be abol- 
ished without the consent of any person who Avould thereby 
be cut off from access to his lands, until another crossing 
established in the manner herein provided is substituted. 
aggrfeved Any person aggrieved by any action or failure to act on 
railro^a^com*' the part of the selectmen in relation to any such crossing 
missioners.etc. may appeal to the railroad commissioners by petition filed 
within three months after the action complained of, or 
within six months after application is first made to the 
selectmen if they have failed for two months to take final 
action thereon ; and the railroad commissioners, after due 
notice to the parties in interest and a hearing, shall make 
such order as the selectmen might have made. The su- 
perior court sitting in equity shall have jurisdiction to 



Acts, 1905. — Chap. 388. 327 

enforce any order made by the selectmen or railroad com- 
missioners as above provided. 

Section 5. For the purpose of paying and discharg- suwon special 
ing all necessary expenses and liabilities incurred under Loau.^ ^^ 
the provisions of this act the said town shall have author- 
ity from time to time to issue bonds to such an amount, 
not in excess of the debt limit of the town, as shall be 
approved by the board of railroad commissioners, but such 
approval shall not be given until after said board has 
given a public hearing to all parties interested, including 
citizens and taxpayers of the town, of which hearing thirty 
days' public notice shall be given in the manner and to the 
extent required in warning the citizens of a town meeting 
in said town, and, after such hearing, has certified that 
such issue of bonds is required by public necessity and 
convenience and by the interests of the town. Such bonds 
shall be signed by the treasurer and countersigned by a 
majority of the selectmen, shall be payable at periods not 
exceeding twenty years from the dates of issue, sliall bear 
interest payable semi-annually at a rate not exceeding four 
per cent per annum, and shall bear on their face the words, 
Sutton Special Town Way Loan. The town may sell such 
bonds at public or private sale or pledge the same for 
money borrowed for the purposes of this act: provided, Proviso, 
that none of such bonds shall be sold for less than their 
par value. Said town, instead of establishing a sinking Payment of 
fund, shall at the time of authorizing said loan provide 
for the payment thereof in such annual proportionate pay- 
ments as will extinguish the same within the time pre- 
scribed in this act; and when a vote to that eifeet has 
been passed the net amount required under the provisions 
of this and of the following section shall, without further 
vote, be assessed by the assessors of the town in each 
year thereafter until the debt incurred by said loan is 
extinguished. 

Section 6. Said town shall each year apply the net Certain income 

to oc ftDulic'i 

income and receipts derived from the said grants of loca- to payment of 
tions to the payment of said interest, and the remainder, 
if there be any, of such net income and receipts, it shall 
apply, so far as may be necessary, toward the annual pro- 
portionate payments required by the preceding section, 
and the amount so applied or paid shall be deducted from 
the sums which would otherwise be required to be raised 
bv taxation. 



328 



Acts, 1905. — Chap. 389. 



Nothing to be 
done until 
accepted by 
town. 



When to take 
effect. 



Section 7. Xotliing shall be done under this act until 
it has been accepted at a town meeting called for the pur- 
pose. After the town has accepted this act no grant by 
the selectmen to a street railway company of a location 
in any public street in the town shall take effect until 
approved by vote of the town. 

Section 8. Except as otherwise provided herein this 
act shall take effect upon its passage. 

Approved May 10, 1905. 



Chap.389 -^^ Act to provide for an increased water supply for 

THE CITY OF LAWRENCE. 



City of 

La\vTence may 
increase its 
water supply. 



Provisos. 



May issue 
bonds, notes 
or scrip, etc. 



Damages. 



Be it enacted, etc., as follows: 

Section 1. The city of Lawrence, acting through its 
mayor and aldermen, shall forthwith increase the capacity 
of its works for filtering the Avater of the Merrimac river 
to such an extent as to insure at all times a sufficient 
quantity of water for the use of the public in that city, 
or it may take water from any spring, pond or well, in 
Andover, jSJ^orth Andover, Tewksbury or JSTorth Reading: 
provided, that no source of water supply for domestic pur- 
poses shall be taken or used under this act without the 
approval of the state board of health, and that the loca- 
tion of all filter galleries and wells, and the design of 
filters, shall be approved by the state board of health ; and 
provided, further, that if water shall be taken directly 
from any pond or stream other than the Merrimac river, 
it shall be used only for the period of one year from the 
date of the passage of this act, and only in such quanti- 
ties as the state board of health may deem necessary. 

Section 2. Said city is hereby authorized and di- 
rected to raise and appropriate, in such manner as the 
city council shall determine, such sums of money as shall 
be requisite for carrying out the provisions of this act; 
and, if the city council shall so determine, the city may 
incur indebtedness for the purpose of obtaining money 
to such an amount as may be necessary for carrying out 
the provisions of this act, and may issue bonds, notes or 
scrip therefor. 

Section 3. The city of Lawrence shall pay all dam- 
ages to property that may be sustained by any person or 
persons by the taking of the waters of any stream or pond 



Acts, 1905. — Chap. 390. 329 

as authorized by this act, or in so far as the said city may 
diminish the flow in any stream or pond, or by the taking 
of any land, rights of way or easements, or by the erec- 
tion of dams or the construction of any aqueducts, water 
ways or other works for the purposes of this act; and 
such damages shall be assessed and determined in the 
manner provided by chapter forty-eight of the Revised 
Laws. 

Section 4. The towns of Andover, ISTorth Andover certain towns 
and Methuen, or any one of them, are hereby authorized "or^uppiy^^of 
to contract with the city of Lawrence, for a supply of ^***'"- 
water upon such terms and for such periods of time, not 
exceeding one year from the date of the passage of this 
act, as may be agreed upon by the mayor and aldermen 
of said city and by the selectmen of the town entering 
into the contract. 

Section 5. The supreme judicial court shall have Enforcement 
jurisdiction to enforce the provisions of this act. ^ proyieions. 

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

Approved 21 a y 10, 1905. 

An Act to extend to towns certain powers relative QJinj) QQQ 
TO TAKING LAND BY RIGHT OF EMINENT DOMAIN. 

Be it enacted, etc., as foUoivs: 

Section 1. The powers and duties conferred and im- certain 
posed upon cities by chapter four hundred and forty-three relative tlT'' 
of the acts of the year nineteen hundred and four are b^/ri|ht^?f^ 
hereby conferred and imposed upon towns, and towns shall |™^°ain^ 
have the same right and authority to take property by right P*®^ '^^1*'^ 
of eminent domain which are conferred by the said chap- 
ter upon cities. The powers and duties hereby conferred 
and imjwsed upon towns shall be exercised and performed 
by the selectmen, unless some other officer or board is au- 
thorized by law or is designated by vote of the to^vn to 
exercise and perform the said powers and duties. The 
conveyance provided for by section seventeen of said chap- 
ter shall be executed and acknowledged, in the case of a 
town, by the selectmen. A taking by a town under this 
act shall not be effective unless, within thirty days from 
the date of the taking, a description of the property taken 
is filed in the office of the town clerk, nor unless the tak- 
ing is reported to and accepted by the town at a meeting 



330 Acts, 1905. — Chaps. 391, 392. 

called for the purpose under a warrant issued within three 
months after the description is so filed. 

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

Approved May 10, 1905. 

Chap.391 Ai^ Act relative to the coxstruction iisr cities and 

TOWNS OF ARMORIES FOR THE MILITIA, 

Be it enacted, etc., as follows: 

1904, 371, §1, Section 1. Chapter three hundred and seventy-one 

of the acts of the year nineteen hundred and four is 

hereby amended by striking out section one and inserting 

o°an«orfer "^ pl^ce thereof the following: — Section 1. If the city 

for the militia couucil of any city shall vote, or if the voters of any town 

in cities and n n i n • i i • • 

certain towns, of iiiore than twclvc thousand inhabitants, at a meeting 
called for such purpose shall vote, to have an armory con- 
structed therein and shall designate the amount of the loan 
necessary for acquiring land and for erecting an armory, 
the armory commissioners of the Commonwealth shall 
thereupon acquire, by purchase or otherwise, a suitable 
lot of land in such city or town, and shall erect thereon 
a suitable building for an armory sufficient for one or 
more companies of infantry and for such other detach- 
ments of the militia and for such of the militia head- 
quarters situated in such city or town as they may deem 
necessary, and containing the necessary rooms for drill- 

Certainpro- inff and for the care of state propertv. The provisions 

Visions 01 Isw ^ i X t X 

to apply. of sections one hundred and seven, one hundred and eight, 

one hundred and nine, one hundred and ten and one hun- 
dred 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 10, 1905. 

Chap.392 An Act to authorize the issue of additional bonds 

FOR ACQUIRING LAND AND CONSTRUCTING AND FURNISH- 
ING SCHOOL BUILDINGS IN THE CITY OF BOSTON. 

Be it enacted, etc., as follows: 

City of Boston Section 1. For the purpose of acquiring land for, 

bondsfor r^j^(j constructing and furnishing, new school Imildmgs m 

poses. the city of Boston and of completing those now in process 

of construction, the treasurer of the city of Boston shall 

immediately on the passage of this act, issue bonds of the 



Acts, 1905. — Chap. 393. 331 

city to the amount of one million five hundred thonsand 
dollars within the debt limit, and shall sell the bonds from 
time to time and pay from the proceeds the expenses in- 
curred as aforesaid. 

Section 2. This act shall take effect npon its accept- ^^^^ *° *"'"* 
ance by the city conncil of the city of Boston. 

Approved May 11, 1905. 

An Act to authorize the cities op malden and melrose QJinjy 393 
TO maintain pine banks park as a public park. 

Be it enacted, etc., as follows: 

Section 1. The persons holding, respectively, the Pine Banks 
offices of mayor of the city of Maiden and mayor of the rated. °*^*'^^*'' 
city of Melrose, when this act shall take effect, together 
with five other persons to be designated in writing to the 
said mayors by the children of the late Elisha S. Converse, 
as hereinafter provided, and their successors, are hereby 
made a corporation under the name of Pine Banks Park, 
for the purpose of holding ^nd maintaining forever as a 
public park the property known as the Pine Banks Park, 
situated in said Maiden and Melrose, subject to the con- 
ditions and restrictions herein set forth, with all the pow- 
ers, rights and privileges, and subject to all the duties, 
limitations and restrictions set forth in all general laws 
now or hereafter in force in this Commonwealth appli- 
cable to such corporations. 

Section 2. Said corporation shall have the power to May accept a 
accept a conveyance of said property from the children of property^^etc. 
said Elisha S. Converse, and to hold and maintain the 
same for the purposes aforesaid, and may accept any gifts 
made to said corporation, in trust or otherwise, for the 
maintenance and improvement of said property. 

Section 3. The corporation shall consist of the mayors Trustees, 
of the cities of Maiden and Melrose, for the time being, 
Avho shall be members ex officiis, two other citizens of said 
Maiden, two other citizens of said Melrose, and a seventh 
person, who, except as hereinafter provided, shall not be 
a citizen of either Maiden or Melrose, who shall together 
constitute a board of trustees, and whose terms of office 
shall be as follows : — The members ex officiis, for the 
terms for which they may l)e elected as mayor, respec- 
tively, and the remaining trustees for the terms for which 
they may be appointed or elected. At the organization of 



332 



Acts, 1905. — Chap. 393. 



Trustees. 



Vacancy. 



Probate coixrt 
may appoint 
seventh 
member in 
certain cases. 



the corporation the aforesaid donors of the property shall 
designate in writing two citizens of Maiden to serve as 
trustees, one to serve for one year and one to serve for 
two years from the first day of February, nineteen hun- 
dred and five, and two citizens of Melrose to serve as 
trustees for like terms, and a seventh person who, unless 
he be one of said donors or the heir of one of said donors, 
shall not be a citizen of either ]\Ialden or Melrose, to serve 
as trustee for the term of two years from the first day of 
said February. Annually in the month of January there- 
after the board of triistees shall elect two persons, one a 
citizen of Maiden and one a citizen of Melrose, who shall 
be members of said board for the term of two years from 
the first day of February in the year of their election, and 
until their successors are chosen. In the month of Jan- 
uary preceding the expiration of the term for which the 
seventh person was appointed a trustee by the donors, said 
donors or their heirs shall appoint a person who shall be 
a member of said board for two years from the first day 
of February in the year of "his appointment, and until 
his successor is in like manner appointed by said donors 
or their heirs, or as is hereinafter provided. Whenever a 
vacancy shall occur in the board of trustees by death, 
resignation or otherwise, it shall be filled, except as here- 
inafter provided, for the unexpired term in the same 
manner and by the same authority as the original appoint- 
ment was made. A vacancy in the membership held by 
either mayor shall be filled, until his successor in the office 
of mayor has been elected and qualified, by the person 
wlio is by law authorized to perform the duties of such 
mayor. 

SECTioisr 4. If by reason of the failure of heirs of 
said donors or the neglect of said donors or their heirs at 
any time to appoint said seventh member, or to fill a 
vacancy in the position held by said seventh member 
within thirty daj^s after the vacancy occurs, the other 
members of said board may apply by petition to the pro- 
bate court for the county of Middlesex, which, acting in- 
stead of said donors or their heirs, shall appoint said 
seventh member, for said term of two years or any unex- 
pired part of the same, selecting some person who is 
neither a citizen of Maiden nor of Melrose; and the court 
may in like manner, on petition as aforesaid, proceed to 



Acts, 1905. — Chap. 393. 333 

fill such vacancy as often as occasion may arise, so that 
the said board shall always consist of seven members. 

Section 5. If any person, except one of the donors Membership 
or their heirs appointed as said seventh member of said c^rtain^con- ^"^ 
board, shall become a citizen of Maiden or of Melrose **'*'°"^' ^^• 
during his term of office, his membership in the board 
shall immediately cease. I^o member of the board of 
trustees shall receive compensation for his services. 

Section 6. Said board of trustees shall have the ab- '''™er8 and 
solute control and management of the property, and shall auties. 
have power to make rules and regulations regarding its 
use and management, and to expend the sums appropri- 
ated for its maintenance, in such manner as it shall deem 
best. The board shall annually in the month of January Annual report, 
make a full report to the cities of Maiden and Melrose of 
its receipts and expenditures, with its estimate of the 
amount required for maintenance for the ensuing year. 
Its expenditures in any year shall not exceed the sum of Expenditures, 
the appropriations for that year and the income at the 
disposal of said trustees by reason of any gifts received 
under the authority of section two of this act. 

Section 7. The cities of Maiden and Melrose shall f^'^F^Rl^^- 

tions, etc. 

in their annual appropriation bills each appropriate and 
place at the disposal of said board one half of the amount 
determined by said board to be necessary for the mainte- 
nance of said property for that year, and set forth in its 
annual report as provided in section six. If either of said 
cities shall in any year fail to make such appropriation, the 
said board shall upon the written request of said donors 
or their heirs or devisees who may then hold their estate, 
reconvey said property to said heirs or devisees free from 
all trusts ; but the amount required of each city by said 
board to work a forfeiture shall not in any year exceed 
one one hundred and fiftieth part of the assessed valua- 
tion for the preceding year of the city having the smaller 
assessed valuation. Said cities may, if in their judgment 
the proper maintenance or improvement of said property 
shall require it, appropriate in equal amounts and place 
at the disposal of said board sums in excess of the amount 
wdiich said board is hereby authorized to require of said 
cities. 

Section 8. The real estate and other property held by Property not 
aaid board of trustees shall not be subject to taxation, and taxation'.^cu-. 



334 



Acts, 1905. — Chap. 394. 



shall not be considered in making up valuations for any 

taxes, whether state, county, metropolitan or other taxes. 

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

Approved May 11, 1905. 



Town of 
Tisbury may 
establish, etc., 
a public water 
Bupply system. 



May take 
certain waters, 
lands, etc. 



Chap.394: An Act to provide for the establishment of a water 

SUPPLY system by THE TOWN OF TISBURY. 

Be it enacted, etc., as folloirs: 

Section 1. The town of Tisbury may establish and 
maintain a public water supply system, for the extinguish- 
ment of fires and for domestic, manufacturing, mercantile 
and other purposes ; may establish fountains, standpipes 
and hydrants and relocate or discontinue the same ; and 
may dispose of and regulate the use and disposition of the 
w^ater, and fix and collect the prices or rates to be paid 
therefor. 

Section 2. The town, for the purposes aforesaid, may 
take by purchase or otherwise, and may hold, convey and 
distribute, the w^aters of any springs, streams, natural 
ponds or driven, artesian or other wells watliin the limits 
of the town, and all lands, water rights, rights of way or 
easements necessary for taking, holding, storing, protect- 
ing, purifying and preserving such water and for con- 
veying the same to any part of the town : provided, that 
no source of water supply shall be taken without the ap- 
proval in writing of the state board of health ; may erect 
on the lands so taken or held proper dams, reservoirs, 
buildings, fixtures or other structures ; may make excava- 
tions, procure and operate machinery, and provide such 
other means and appliances and do such other acts as may 
be necessary for the establishment, maintenance and op- 
eration of a complete and effective Avater supply system. 
The town may construct and lay condi.iits, pipes and other 
works, in, under or over any lands, Avater courses, rail- 
roads, raihvays or public or priA^ate Avays, and along any 
ways, in such manner as not unnecessarily to obstruct the 
same; and for the purpose of constructing, maintaining 
and repairing such conduits, pipes or other Avorks, and 
for any other purposes of this act, the toAvn may dig up 
any such lands, and may enter upon and dig up any such 
Avays, in such manner as to cause the least hindrance to 
Title to lands, puljlic traA^cl tlicreon. The title to all lands or Avaters 
tow'n%tc.^* '" taken or purchased under the provisions of this act shall 



Proviso. 



May erect 
structures, lay 
pipes, etc. 



Acts, 1905. — Chap. 394 335 

vest in the town, and sncli lands and waters may be man- 
aged, improved, controlled and disposed of by the board 
of water commissioners hereinafter provided for, in snch 
manner as they shall deem for the best interests of the 
town. 

SectiojST 3. The town shall, within ninety days after Description of 
the taking of any lands, waters, water rights, rights of btfrecorded.** 
way or easements as aforesaid, otherwise than by pur- 
chase, file and cause to be recorded in the registry of deeds 
for the county of Dukes County a description thereof suffi- 
ciently accurate for identification, with a statement of the 
purposes for which the same were taken, signed by the 
water commissioners, and shall give notice of such taking 
to the owmer if known, but want of such notice shall not 
affect the validity of the taking. 

Section 4. The town shall pay all damages to prop- Damages, 
erty sustained by any person or corporation by the taking 
of any lands, waters, water rights, rights of way or ease- 
ments, or by any other thing done by the town under 
authority of this act. Any person or corporation sustain- 
ing such damages, Avho fails to agree with the town as 
to the amount thereof, may have the same assessed and 
determined in the manner provided by law in the case 
of land taken for the laying out of highw^ays, on applica- 
tion made within one year after the taking of such land 
or other property, or the doing of other damage under 
authority of this act; but no such application shall be 
made after the expiration of one year therefrom: pro- Proviso. 
vided, however, that application for damages for the tak- 
ing of water or water rights shall not be made until the 
water is actually withdrawm or diverted. When damages 
shall have been assessed for the taking of or damage to 
propert}^ in the manner herein provided, the petitioner 
shall be entitled to interest on the amount thereof at the 
rate of five per cent per annum from the date of the actual 
entry and taking of possession by the town or other act 
doina' damage. 



Section 5. Upon anv petition to the superior court Jown may 

J^ " i i tender any 

for an assessment oi such damages the town may tender sum for 
to the petitioner or his attorney any sum or may bring '"' ^^ ' ' ' 
the same into court to be paid to the petitioner, for the 
damages sustained or claimed in the petition, or may in 
writing offer to be defaulted and that damages may be 
awarded against it for the sum therein stated ; and if the 



336 



Acts, 1905. — Chap. 394. 



TowM of 
Tisbury 
Water Lo 



ProTiso. 



Payment of 
loan. 



petitioner does not accept such sum, with his costs up to 
that time, but proceeds with his petition, and does not 
recover greater damages than were so offered or tendered, 
not including interest on the sum recovered as damages 
from the date of such tender or offer, the town shall have 
judgment for its costs after that date, for which execu- 
tion shall issue; and the petitioner, if he recovers dam- 
ages, shall be allowed interests and costs onlv to that date. 

Section 6. The town, for the purpose of paying the 
necessary expenses and liabilities incurred under the pro- 
visions of this act, and under its taking of the property 
of the Vineyard Haven Water Company, in accordance 
with the provisions of section six of chapter one hundred 
and fifty-seven of the acts of the year eighteen hundred 
and eighty-seven, by its vote of March twenty-eighth in 
the current year, including any indebtedness of that com- 
pany which it may thereby be required to assume, may 
issue from time to time bonds, notes or scrip to an amount 
sufficient for such purpose, to be determined by a vote of 
the town at a legal meeting held for the purpose. Such 
bonds, notes or scrip shall bear on their face the words, 
Town of Tisbury Water Loan, shall be payable in such 
annual amounts and at the expiration of such periods, not 
exceeding thirty years from the dates of issue, as the town 
may by vote determine, shall bear interest payable semi- 
annually at a rate not exceeding four per cent per annum, 
and shall be signed by the treasurer of the town and 
countersigned by the water commissioners. The town 
may sell such securities at public or private sale, or pledge 
the same for money borrowed for the purposes of this act, 
or deliver the same or any part thereof in pajTnent for 
the property acquired by the taking aforesaid, upon such 
terms and conditions as the Avater commissioners may deem 
proper : provided, that such securities shall not be sold, 
pledged or delivered for less than their par value. The 
premiums, if any, received on the sale of such securities 
shall be applied to the reduction of the principal of the 
debt. 

Section 7. The town shall provide at the time of 
authorizing the loan for such annual proportionate pay- 
ments thereof, conforming to the tenor of the securities, 
as will extinguish the same at maturity within the period 
herein prescribed, and after the town has passed a vote 
to that effect, any sums required for this purpose and for 



Acts, 1905. — Chap. 394. 337 

payment of interest on the loan shall, withont further 
vote, be assessed and collected annually in the same man- 
ner in which other taxes are assessed and collected in the 
town. The town shall also raise annually by taxation Town to raise 
such sum as may be necessary, with the income derived by taxation"^ 
from water rates, to pay the current oj)erating expenses, '"^ii'i"''*iiy- 
including maintenance. 

Section 8. The water commissioners shall fix such water rates, 
prices or rates for the water or the use thereof, including 
hydrant rentals, as shall produce annually, as nearly as 
may be, an amount sufficient to defray all current operat- 
ing expenses, including maintenance, all interest charges, 
and the annual payments of the bonds, notes or scrip 
issued under this act as hereinbefore provided, and an 
additional amount of not more than one thousand dollars 
per year for new construction. Whenever the rates pro- 
duce a surplus over the above amounts, they may be re- 
duced to the extent of such surplus, and if not reduced 
such surplus shall annually be paid into the treasury of 
the town. 

Section 9. Within six months after the passage of water com- 

1 niissioners, 

this act, at a legal meeting called for the purpose, the election, terms, 
town shall elect by ballot, in the manner in which other 
officers are elected by ballot therein, a board of water com- 
missioners, consisting of three legal voters of the town, 
one to hold office until the expiration of three years, one 
until the expiration of four years and one until the ex- 
piration of five years from the next succeeding annual 
town meeting; and at every annual town meeting after 
the expiration of the three year term one such commis- 
sioner shall be elected by ballot in the same manner for 
the term of three years. All authority granted to the 
town by this act and not otherwise specially provided for 
shall be vested in and exercised by the said board of 
water commissioners. Any vacancy occurring in the vacancy, 
board from any cause may be filled by the remaining 
members of the board until the next annual town meet- 
ing, when the unexpired term, if any, shall be filled by 
the town. A majority of the commissioners shall consti- Quorum, etc. 
tute a quorum for the transaction of business. They shall 
elect from their own number a treasurer, who shall give 
bond to the town in a sum and with sureties approved 
by the selectmen. They shall keep a record of their pro- 
ceedings, shall annually render to the town an account of 



338 



Acts, 1905. — Chap. 395. 



Contracts. 



Penalty for 
corruption of 
water, etc. 



Liability for 
payment of 
water rates, 
etc. 



Vote of town 
ratified, etc. 



all their doings, and shall receive such compensation for 
their services as the town may determine. All contracts 
made by the commissioners shall be made in the name 
and behalf of the town, and no contracts shall be made 
by them which involve the expenditure of money not 
already available or appropriated by the town for the 
jHirpose. 

Section 10. Whoever nses any water acquired under 
this act without the consent of the town, or wilfully or 
wantonly corrupts, pollutes or diverts any water taken or 
held by the town pursuant to the provisions of this act, 
or destroys or injures any structure, work or other prop- 
erty owned, held or used by the to\vn under the authority 
and for the purposes of this act, shall forfeit three times 
the amount of damages assessed therefor, to be recovered 
in an action of tort in the name of the town; and upon 
conviction of any of the above wilful or wanton acts shall 
be punished by fine not exceeding three hundred dollars 
or by imprisonment for a term not exceeding one year. 

Section 11. The occupant of any tenement shall be 
liable for the payment of the rates for the use of the 
water therein, and the owner thereof shall also be liable 
therefor in case of non-payment by the occupant ; and the 
same may be collected in an action of contract in the name 
of the town. The to^vn may discontinue or shut oil the 
water for non-payment of rates or other violation of the 
contract or regulations. 

Section 12. Wlien the town shall have acquired pos- 
session of the property of the Vineyard Haven Water 
Company situated therein, in pursuance of its vote of 
taking thereof of March twenty-eighth in the current year, 
Avhich is hereby ratified and confirmed, the town may 
maintain and use the property so acquired for the pur- 
poses and under the provisions of this act 

Section 13. This act shall take effect upon its passage. 

Approved May 12, 1905. 



Chap.S95 An Act to authorize the board of harbor and land 
commissioners to dredge the easterly part of lewis 
bat in the town of yarmouth. 

Be it enacted, etc., as follows: 
^^rtof^Lewis Section 1. The board of harbor and land commis- 
n^^outhtobe sioners is hereby authorized to expend, in its discretion, 



Acts, 1905. — Chaps. 396, 397. 339 

a sum not exceeding three thousand dollars for dredging 
a channel in the bar in the easterly part of Lewis bay, 
in the town of Yarmouth, to a depth not exceeding six 
feet at mean low water, and to a width not exceeding one 
hundred feet. 

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

Approved May 12, 1905. 

An Act making an appropriation for the reclamation (JJni^j) 395 

OF THE province LANDS FOR THE BENEFIT OF PROVINCE- 
TOWN HARBOR. 

Be it enacted, etc., as follows: 

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

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

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

Approved May 12, 1905. 

An x\ct relative to the nomination of candidates in rjjtn^ 397 

THE COUNTY OF SUFFOLK. 

Be it enacted, etc., as follows: 

Section 1. In the county of Suffolk state caucuses state caucuses, 
of every political party shall be held on the sixth Tues- suSoiL?^ 
day preceding the state election. 

Section 2. All acts and parts of acts inconsistent RepeaL 
herewith are hereby repealed. 

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

Approved May 12, 1905. 



340 



Acts, 1905. — Chaps. 398, 399. 



C7^«7>.398 An Act to authorize the trustees of the pedo-baptist 

CONGREGATIONAL SOCIETY OF DIGHTON TO HOLD ADDI- 
TIONAL PROPERTY. 

Be it enacted, etc., as follows: 

Section 1. The trustees of the Pedo-Baptist Con- 
gregational Society of Digliton, incorporated in the year 
seventeen hundred and ninety-eight, who, by chapter one 
hundred and six of the acts of the year eighteen hundred 
and ninety, were authorized to hold property, real and 
personal, to an amount not exceeding forty thousand dol- 
lars, are hereby authorized to hold property, real and per- 
sonal, to an amount not exceeding one hundred thousand 
dollars in trust for the use and benefit of the Pedo-Baptist 
congregation and for the permanent support of the Pedo- 
Baptist congregational minister at Dighton. 

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

Approved May 12, 1905. 



Trustees of 
Pedo-Baptist 
Congrega- 
tional Society 
ol Dighton 
may Sold 
additional 
property. 



Harbor and 
laud commis- 
sioners to 
dredge mouth 
of Herring 
river in 
Harwich, etc. 



Proviso. 



CJiap.399 An Act to provide for improving the mouth of herring 

RIVER IN THE TOWN OF HARWICH BY THE BOARD OF HAR- 
BOR AND LAND COMMISSIONERS. 

Be it enacted, etc., as folloivs: 

Section 1. The board of harbor and land commis- 
sioners is hereby authorized to dredge the mouth of Her- 
ring river in the town of Harwich, and the approaches 
thereto from Vineyard sound, to protect the same by 
jetties, and otherwise to improve the same. For this 
purpose the board may expend a sum not exceeding ten 
thousand dollars : provided, however, that the town of 
Harwich or the citizens thereof shall, before the work is 
begun, deposit with the treasurer and receiver general of 
the Commonwealth the sum of two thousand dollars, to 
be expended by said board in addition to the amount pro- 
vided for by this act. 

Section 2. Said board may take by purchase or other- 
wise, in the name and behalf of the Commonwealth, any 
land or materials necessary for carrying out the provi- 
sions of this act. The manner of such taking and of 
determining the damages caused thereby, or by any other 
doings of said board under the provisions of this act, shall 
be the same as is provided by sections seven and eight of 



May take 
necessary land 
or materials, 
etc. 



Acts, 1905. — Chaps. 400, 401. 341 

chapter four hundred and seven of the acts of the year 
eighteen hundred and ninety-three, relative to the taking 
of land by the metropolitan park commission ; and said 
board shall for the purposes of this act have tlie powers 
"U'hich are conferred upon the metropolitan park commis- 
sion by said sections. The damages when finally deter- Damages. 
mined shall be paid out of the sum hereby appropriated. 
Section 3. This act shall take effect upon its passage. 

Approved May 12, 1905. 



An Act to change the name of the Massachusetts Q]i(ijj 4Q() 

HOSPITAL FOR DIPSOMANIACS AND INEBRIATES TO F05B0R- 
OUGH STATE HOSPITAL, AND TO PROVIDE FOR THE CARE 
THEREAT OF INSANE PERSONS. 

Be it enacted, etc., as follows: 

Section 1. The name of the Massachusetts hospital MaTslichusetts 
for dipsomaniacs and inebriates is hereby changed to hospital for 

t/ Cj GlpSOlllcilllUCS 

Foxborough State Hospital. All the laws pertaining to and inebriates 
said hospital shall be applicable to the Foxborough state Foxborough 
hospital, and the words " Massachusetts hospital for dip- etc.*^ °^^''*'^ ' 
somaniacs and inebriates ", wherever they occur in the 
laws pertaining to said hospital are hereby stricken out, 
and the words Foxborough state hospital, are inserted in 
place thereof. Any insane person may be transferred to 
the Foxborough state hospital by the state board of in- 
sanity, and shall be subject only to the provisions of law 
pertaining to insane persons. 

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

Approved May 12, 1905. 



An Act to authorize certain employers' liability com- (JJinij jiQl 

PANIES to insure AGAINST DAMAGE BY STEAM BOILER EX- 

plosions. 

Be it enacted, etc., as follows: 

Section 1. Any insurance company now or hereafter certain 
authorized to do business in this Commonwealth under uabimy^com- 
the fifth clause of section twenty-nine of chapter one hun- Fn^u'rl agaLst 
dred and eighteen of the Revised Laws may, in connection gteTnfboifer 
therewith, engage in the business authorized under the explosions. 
fourth clause of said section: provided, that it possesses proviso, 
a capital equal to the aggregate capital required of sepa- 



342 Acts, 1905. — Chap. 402. 

rate companies doing business under said fifth clause and 

under said fourth clause, respectively. 
FnTurancr*'^^^ Section 2. A foreign insurance company, if incor- 
companiesto poratcd or associated under the laws of anv government 

make a deposit 1 ^ " c ^ ^ 

with treasurer or statc Other than the United States, or oi one oi the 

and receiver .,_. in i i • ^ ,_ • J.^ • 

general, etc. L nitcd States, shall not be admitted to transact m this 
Commonwealth the business authorized bv the preceding 
section until it has made a deposit with the treasurer 
and receiver general or with the financial officer of some 
other state of the United States of an amount not less 
than the capital required of like companies under this 
act. Such deposit must be in exclusive trust for the bene- 
fit and security of all of the company's policy holders 
and creditors in the United States, and may be made in 
the securities but subject to the limitations specified in 
section thirty-four of chapter one hundred and eighteen 
of the Revised Laws; and such deposit shall be for all 
I^urposes of the insurance laws the capital of the company 
making it. 

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

Approved May 12, 1905. 

ChapA02 ^^ Act to chaxge the limits of the shelburxe falls 

FIRE DISTRICT. 

Be it enacted, etc., as follows: 

L^mits^ofjhe Section 1. The Shelburne Falls Fire District of 
Falls Fire Shelburnc Falls, situate in the towns of Buckland and 

District 

changed. Shclburne in the county of Franklin, shall hereafter in- 

clude so much of the territory of the towm of Buckland as 
lies within the following limits : — Beginning at a point 
in the centre of the Deerfield river on the north line of 
land of W. J. Stanford, thence north seventy-six degrees 
west, to bound number two ; thence south twenty-three de- 
grees and one half minute west, four hundred forty-nine 
and three tenths feet to bound number three ; thence south 
thirty-nine degrees and seventeen minutes west, eight hun- 
dred feet to bound number four on land of Merton Z. 
Woodward; thence north eighty-three degrees and forty- 
three minutes west, four hundred eighty-eight and one 
half feet to bound numljer five ; thence south twelve 
degrees and forty-two minutes west, two thousand and 
ninety-nine feet to bound number six on land of H. 
Augustus Smith; thence south twenty-seven degrees and 



Acts, 1905. — Chap. 402. 343 

forty minutes west, six hundred forty-four and one half s,i^|*®i.rie*'*^ 
feet to bound number seven; thence north sixty-seven de- p?^l!.^'^'' 
grees and twenty-one minutes west, eighty-nine and one changed, 
tenth feet to bound number eight on line of John Carlson ; 
thence south thirty-five degrees and thirty-eight minutes 
west, eleven hundred and eighty -nine feet to bound num- 
ber nine on line of the Patrick J. Kennedy estate; thence 
south fifty-six degrees and three minutes west, two hun- 
dred seventy-two and nine tenths feet to bound number 
ten on the highway leading over West mountain ; thence 
south twentj^-four degrees and six minutes west, eleven 
hundred and seventy-four feet to bound number eleven 
on the highway near the residence of F. Dennison Ken- 
drick; thence south seventy-twb degrees and fifty-seven 
minutes west, one hundred four and one tenth feet to 
bound number twelve ; thence south eight degrees and 
thirty-six minutes west, six hundred seventy-six and eight 
tenths feet to bound number thirteen on line of Jose]:)h 
W. AMiiting; thence south ten degrees and forty-eight 
minutes west, nineteen hundred and twenty feet to bound 
number fourteen on line of John Murphy; thence south 
sixty-seven degrees and fifty-two minutes east, two hun- 
dred twenty-three and six tenths feet to bound number 
fifteen on the Ashfield road ; thence south twelve degrees 
and six minutes west, one hundred two and six tenths 
feet to bound number sixteen; thence south seventy-four 
degrees and fifty-four minutes east, one hundred ninety 
and four tenths feet to bound number seventeen on land 
of William Townsend ; thence north forty-two degrees 
and nineteen minutes east, four hundred and fifty feet 
to bound number eighteen; thence north twenty-nine de- 
grees and twenty minutes east, two hundred sixty-four 
and nine tenths feet to bound number nineteen ; thence 
north twenty-five degrees and thirty-four minutes east, six 
hundred ninety-seven and three tenths feet to bound num- 
ber twenty on line of William Mittlesdorf ; thence south 
seventy-two degrees and fifty-seven minutes east, three 
hundred twenty-eight and six tenths feet to bound num- 
ber twenty-one; thence south twenty-three degrees and 
four minutes west, one hundred feet to bound number 
twenty-two ; thence south sixty-seven degrees and forty- 
nine minutes east, eight hundred forty-eight and six tenths 
feet to bound number twenty-three on line of John Moore ; 
thence south three degrees and thirty-eight minutes west. 



344 Acts, 1905. — Chap. 402. 

shdburae*^^ three liimdred ninety-two and one tenth feet to bound 
gai[B_Fire number twenty-four on land of Edward J. Monahan; 
changed. thence north eighty-nine degrees and twenty-one minutes 

east, live hundred and eighty-five feet to bound number 
twenty-five; thence south forty-eight degrees and two min- 
utes east, two hundred eighty-nine and one tenth feet to 
bound number twenty-six on land of Raymond Schmidt; 
thence south fifty-six degrees and four minutes east, six 
hundred seventy-eight and six tenths feet to bound num- 
ber twenty-seven; thence north sixty degrees and thirty 
minutes east, four hundred and fifty feet to the north line 
of the Greenfield Electric Light and Power Company; 
thence north seventy-nine degrees and fifty minutes east 
to the centre of Deerfield river, on the said north line of 
the Greenfield Electric Light and Power Company. 
tohitel^uorT" Sectioi^ 2. The said fire district shall hereafter in- 
insheiburne. cludc SO mucli of the territory of the town of Shelburne 
in said county as lies within the following limits : — Be- 
ginning at a point in the centre of the Deerfield river on 
the north line of the Greenfield Electric Light and Power 
Company, thence north along the centre line of the said 
* river to a point opposite the south line of the Lowell 

S. Brown estate; thence north eighty-seven degrees and 
forty-one minutes east to bound number thirty-one on the 
Greenfield road; thence north twenty degrees and fifty- 
four minutes west, two hundred twenty-four and four 
tenths feet to bound number thirty-two ; thence north nine- 
teen decrees and twentv-six minutes east, one hundred 
ninety-five and one tenth feet to bound number thirty- 
three on the Ball lot ; thence south eighty-four degrees 
and thirty-three minutes east, two hundred thirty-seven 
and six tenths feet to bound number thirty-four; thence 
north three degrees and forty-six minutes east, sixteen 
hundred and sixty-nine feet to bound number thirty-five 
on the south line of Jacob Yetter; thence south seventy- 
two degrees and forty-eight minutes east, two hundred 
twenty-three and three tenths feet to bound number thirty- 
six; thence north ten degrees and twenty-seven minutes 
east, one hundred ninety-eight and eight tenths feet to 
bound number thirty-seven; thence south sixty-four de- 
grees and fift3^-two minutes east, one hundred forty-five 
and five tenths feet to bound number thirty-eight; thence 
north three degrees and forty-six minutes east, four him- 
dred and thirty-seven feet to bound number thirty-nine; 



Acts, 1905. — Chap. 403. 345 

thence north sixty-four degrees and thirteen minutes west, to include cer- 
three hundred eighty-five and five tenths feet to bound in sheiburne. 
number forty; thence north five degrees and fifty-eight 
minutes east, six hundred ninety-eight and four tenths 
feet to bound number forty-one ; thence north eighty-two 
degrees and thirty-six minutes west, three hundred eighty- 
four and six tenths feet to bound number forty-two; 
thence north thirty-one degrees and six minutes west, two 
hundred seventy-four and five tenths feet to bound number 
forty-three ; thence north sixteen degrees and one min- 
ute east, sixteen hundred and nineteen feet to the south- 
east corner of land of the Arms Cemetery Association; 
thence on the easterly and northerly line of said associa- 
tion and across the highway leading to Colrain and the 
Sheiburne Falls and Colrain street railway, to the centre 
of the Deerfield river; thence southerly in the centre of 
said river to the point of beginning in the description of 
the territory of Buckland included in said fire district. 
The declination of the needle at the time of this survey 
Avas eleven degrees thirteen minutes west. 

Section 3. All acts and parts of acts inconsistent Repeal, 
herewith are hereby repealed. 

Section -i. This act shall take effect upon its passage. 

Approved May 17, 1905. 

An Act to authorize the south deerfield water supply njinrn 408 

DISTRICT to extend THE TIME FOR MAKING ANNUAL PAY- * 

MENTS ON ITS WATER LOAN. 

Be. it enacted, etc., as follows: 

Section 1. The South Deerfield Water Supply Dis- Time extended 
trict may by vote, at a legal meeting called for the of^waterTo^n. 
purpose, provide for paying the bonds, notes and scrip 
authorized by chapter one hundred and thirty-one of the 
acts of the year nineteen hundred and four in twenty 
annual proportionate payments, the first payment to be 
made in eleven years from the date of issue of the said 
bonds, notes or scrip. 

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

Approved May 17, 1905. 



M6 



Acts, 1905. 



Chap. 404. 



ChapA04: Ax Act to direct the commissioners of the couxty of 

ESSEX to lay out PLUM ISLAXD TURXPIKE AXD BRIDGE AS 
A PUBLIC HIGHWAY. 



Coniniissioners 
of Essex 
county to lay 
out I'ium 
island turnpike 
and bridge as 
a public 
hi^-hwav. 



To succeed to 
certain rights, 
privileges, etc. 



Certain rights 
of Citizens' 
Electric Street 
Railway Com- 
pany not 
alfected, etc. 



The Citizens' 
Electric Street 
Railway Com- 
pany may 
issue stock or 
bonds, etc. 



Proceedings. 



Be it enacied, etc., as follows: 

Sectiox 1. The county commissioners of tlie county 
of Essex are hereby directed, with the assent of the Phim 
Island TurnpilvC and Bridge Corporation, a corporation 
established by an act passed on the twenty -fourth day of 
February in the year eighteen hundred and six, and with 
the assent of the Citizens' Electric Street Railway Com- 
pany, to lay out as a public highway, under the terms and 
conditions of this act, the road and bridges owned and 
controlled by the Plum Island Turnpike and Bridge Cor- 
poration, said road and bridges being situate in the city 
of Xewburyport and town of Xewbury in said county. 

Sectiox 2. Upon the laying out of said road and 
bridges as aforesaid, the county commissioners shall suc- 
ceed to all the rights, powers, privileges, duties and obli- 
gations of said turnpike and bridge corporation set forth 
in the contract between it and the Plum Island Street 
Railway Company, said contract being registered in the 
Essex county registry of deeds for the southern district, 
in libro seventeen hundred thirty-four, page two hundred 
forty-eight; and after said road and bridges have been 
laid out under the provisions of this act, the Citizens' 
Electric Street Railway Company shall have the same 
right to construct, maintain and operate its tracks, poles 
and wires in and upon the highway and bridges so laid 
out which it now has under the contract above mentioned, 
so long as it performs the duties and discharges the obliga- 
tions imposed upon it by said contract. The amount of 
any expense incurred by said street railway company in 
rebuilding said bridges or any of them in accordance with 
said contract shall be deemed in all proceedings hereafter 
as a i^art of the value of its property for street railway 
purposes ; and the said Citizens' Electric Street Railway 
Company may issue stock or bonds to meet the expenses 
so incurred to an amount approved by the board of rail- 
road commissioners as reasonably necessary to provide for 
the payment thereof. 

Sectiox 3. In the laying out of said road and bridges 
as a i^ublic highway said county commissioners shall ])Y0- 



Acts, 1905. — Chap. 404. 347 

ceed in all respects, so far as may be, in conformity with 
the provisions of chapter forty-eight of the Revised Laws, 
respecting the laying out of highways, except as otherwise 
provided herein. 

Sectioi^ 4. After said road and bridges have been certain track- 
laid out as a public highway as herein provided, the track- cftlz^ens'Eiec 
age of the Citizens' Electric Street Railway Company in Riu^^Iy^com- 
and on said road and bridges shall not be considered in ^on^^e°ed°in*^ 
computing the excise tax to be assessed on said company computing 
under section forty-four of chapter fourteen of the Re- 
vised Laws, so long as said company performs the duties 
and discharges the obligations imposed upon it by the 
contract mentioned in section two of this act. 

Section 5. Said commissioners, upon said taking, Damages. 
may allow such damages as they think reasonable to said 
turnpike corporation, to be paid out of the county treas- 
ury: provided, however, that the maximum amount shall Proviso, 
not exceed the sum of six thousand dollars. All damages 
payable under this section shall be paid by the county, 
and the county commissioners are hereby authorized to 
borrow on the credit of the county such sums as may from 
time to time be required to pay the same. In the assess- 
ment of damages there shall be allowed to persons and 
corporations injured, other than the turnpike and bridge 
corporation, such damages only as they would be entitled 
to beyond the damages they would have sustained by the 
continuance of the turnpike road, taking into considera- 
tion any advantage which may accrue in consequence of 
making the same a highway. 

Section 6. After said taking the cost of lighting and Lighting ami 

. ® . o o operating 

operating the drawbridge in said highway shall be borne drawbridge, 
and paid by said county and by such municipalities as 
the county commissioners of said county may, after due 
notice and a hearing, determine to derive special benefit 
from the said drawbridge : provided, however, that not less Proviso, 
than forty per cent of the said cost shall be borne and paid 
by the said county. 

Section 7. After said road and bridges have been Repair of road 
laid out as a public highway, as herein provided, if, by caseof'dfs^soiu- 
reason of the dissolutioji of the Citizens' Electric Street raliwaycom- 
Railway Company, or for any other reason, said company pany. etc. 
or its successors shall cea.se to be liable to or shall fail to 
keep said road and bridges in i-epair, then the county of , 

Essex, by its county commissioners, shall keep the same 



348 



Acts, 1905. — Chaps. 405, 406. 



When certain 
rights, etc., of 
turnpike cor- 
poration shall 
cease, etc. 



Whenever 
road is discon- 
tinued land to 
revest in cer- 
tain persons, 
etc. 



in repair so that they may be reasonably safe and con- 
venient for travelers, with their horses and vehicles, at 
all seasons. If, upon the application of the county com- 
missioners of the county of Essex therefor, the supreme 
judicial court shall find that said Citizens' Electric Street 
Kailway Company, or its successors, shall have failed to 
keep said road and bridges in repair in accordance with 
the terms of the contract mentioned in section two of this 
act, then it shall annul and make void all rights of loca- 
tion of said company, or its successors, in and upon said 
highway and bridges. 

Section 8. When said road and bridges described in 
section one are laid out as a highway, all the rights, privi- 
leges, duties and obligations of said turnpike corporation, 
except as otherwise provided herein, so far as they relate 
to said road and bridges, shall cease, and the existence of 
said turnpike corporation shall terminate except for the 
purposes named in sections fifty-three, fifty-four and fifty- 
five of chapter one hundred and nine of the Revised Laws. 
Whenever said road is discontinued in whole or in part, 
the land over which the part discontinued was laid shall 
revest in the persons, their heirs and assigns, who were 
owners thereof at the time when it was taken or purchased 
for the purpose of making the road, any conveyance thereof 
by deed to the corporation notwithstanding. 

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

Approved May 17, 1005. 



Chap.4:05 -^^ -^CT REL-4TIVE TO THE TRUSTEES OF WORCESTER ACADEMY. 

Be it enacted, etc., as follows: 

Section 1. Of the trustees of Worcester Academy, 
sixteen shall hereafter be of the Baptist denomination, 
and ten trustees shall constitute a quorum for the trans- 
action of business. 

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

Approved May 17, 1905. 



Trustees of 

Worcester 

Academy. 



ChavAOQ -^^ ^CT relative to the close season for quail. 

Be it enacted, etc., as follows: 

Section three of chapter ninety-two of the Revised 
Laws, as amended by chapter one hundred and sixty-five 
of the acts of the year nineteen hundred and two, is hereby 



R. L. 92, § 3, 
etc., amended. 



Acts, 1905. — Chap. 407, 349 

further amended by striking out the word " October ", in 
the third line, and inserting in place thereof the word : — 
ISi^ovember, — and by adding at the end of the section the 
words : — provided, howeve?', that any person, firm or cor- 
poration holding a permit from the commissioners on fish- 
eries and game may sell or have in possession live quail 
for pur^^oses of propagation within the Commonwealth, — 
so as to read as follows : — Section 3. Whoever takes, protection and 
kills or has in possession, or buys, sells or offers for sale S'"*^^ "f quaii. 
a quail, between the first day of December and the first 
day of November following, or, in the county of Bristol, 
between the fifteenth day of December and the first day 
of iSTovember following, whenever or wherever such bird 
may have been taken or killed, shall be punished by a 
fine of twenty dollars for each bird ; but a person, firm 
or corporation dealing in game or engaged in the cold 
storage business may buy, sell or have in possession, and 
a person may buy from such person, firm or corporation, 
and have in possession if so bought, quail from the first 
day of December to the first day of May, except that, in 
the county of Bristol, this period shall be from the fif- 
teenth day of December to the first day of May, if such 
quail were not taken or killed in this Commonwealth con- 
trary to the provisions of this chapter ; and a person, firm 
or corporation dealing in game or engaged in the cold 
storage business may have quail in possession on cold 
storage at any season, if such quail were not taken or 
killed in this Commonwealth contrary to the provisions 
of this chapter: provided, liowever, that any person, firm proviso, 
or corporation holding a permit from the commissioners 
on fisheries and game may sell or have in possession live 
quail for purposes of propagation within the Common- 
wealth. Approved May 17, 1905. 

Ax Act relative to the authority of the commissiox'- (JJidr) 407 

ERS ox fisheries AXD GAME. 

Be it enacted, etc., as follows: 

Section three of chapter ninety-one of the Revised Laws r. l. si, § 3, 
is hereby amended by inserting before the word " Each ", ^''^'^'"^^'^■ 
in the first line, the words : — The commissioners are em- 
powered to appoint deputies, and, — so as to read as fol- 
lows : — Section 3. The commissioners are empowered Ki'forcement 

. i of laws rcfiu- 

to appoint deputies, and each of the commissioners, the latingiisiieries, 



350 



Acts, 1905. — Chap. 408. 



deputies of the commissioners or members of the district 
police may enforce the laws regulating fisheries ; and may 
seize and remove, summarily if need be, all illegal obstruc- 
tions to the passage of migratory fish except dams, mills 
or machinery, at the expense of the persons using or 
maintaining the same. Approved May 17, 1905. 



ChapAOS -^^ -^^'^ RELATIVE TO THE ABOLITIOlsr OF GRADE CROSSIXGS. 

JJe it enacted, etc., as follows: 



Payment of 
fees and 
expenses of 
commission to 
abolish grade 
croBBings. 



E. L. Ill, § 15-2, 
etc., amended. 



Commission 
to specify 
changes to be 
made in loca- 
tions, method 
of construc- 
tion, etc. 



Section 1. The fees and exj)enses of the commission 
appointed under the provisions of section one hundred 
and forty-nine of chapter one hundred and eleven of the 
Revised Laws, after having been approved by a justice 
of the superior court, shall be paid, in the first instance, 
by the railroad corporation, but the sums so paid, includ- 
ing the costs and expenses specified in chapter two hun- 
dred and ninety-eight of the acts of the year nineteen 
hundred and two, shall thereafter be apportioned to and 
paid by the respective parties as provided by section one 
hundred and fifty-one of said chapter one hundred and 
eleven, as modified by said chapter two hundred and 
ninety-eight and as amended by section two of chapter 
four hundred and forty of the acts of the year nineteen 
hundred and two. 

Section 2. Section one hundred and fifty-two of said 
chapter one hundred and eleven, as amended by section 
three of chapter four hundred and forty of the acts of the 
year nineteen hundred and two, is hereby further amended 
by striking out the said section and inserting in place 
thereof the following: — Section 152. The commission 
shall specify what part, if any, of an existing public or 
private way shall be discontinued, the grade for the rail- 
road and the way, the changes to be made in the location 
and grades of the street railway in such public way, the 
general method of construction and what land or other 
property it considers necessary to be taken, and may pro- 
vide for the taking of an easement in land adjoining the 
location of a public or private Avay or of a railroad, con- 
sisting of a right to have the land of the location protected 
by having the surface of such adjoining land slope from 
the boundary of the location in a manner specified by the 
commission, but if such decision involves a change in the 
grade of the railroad the consent of the board of railroad 



Acts, 1905. — Chap. 408. 351 

commissioners to such change shall first be obtained. Said fo^^^iffv"'^ 
commission shall forthwith return its decision to the su- eiiangestobe 

, -. e 1 • 1 r- • IT niade in loca- 

perior court, the decree oi winch, confirming such de- tions, method 

cision, shall be final and binding. If the commission tion, etc. 

decides that the location of the street railway shall be 

changed, the decree of the court confirming such decision 

shall duly establish the location as thus changed. If the 

commission decides that the location of the railroad or 

of the public or private way shall be changed, the decree 

of the court confirming such decision shall constitute a 

taking of the specified land, easement or other property; 

and the clerk of said court shall, within thirty days after 

such decree, cause a copy of the decision and decree to 

be filed with the county commissioners of the county or 

counties in which the land or other property taken or 

the land subject to the easement taken and the crossing 

are situated, to be recorded in the registry of deeds for 

the counties and districts in which such lands, property 

and crossings are situated, and to be filed with the auditor 

of the Commonwealth. Said taking shall be a taking by 

the city or town if the land or easement is to be used for 

or in connection with a public way, or by the railroad 

corporation if the land or easement is to be used for or 

in connection with a private way or' by the railroad. An 

easement taken under the provisions of this section may 

be abandoned or released by the city, town or railroad, 

for which the same was taken. 

Section 3. Section one hundred and fifty-three of ^^ ^'^mmi'^' 
said chapter one hundred and eleven, as amended by sec- 
tion one of chapter four hundred and seventy-eight of the 
acts of the year nineteen hundred and three, is hereby 
further amended by inserting after the word " towns ", 
in the seventh line, the words : — or by the taking of an 
easement in land adjoining a public way, — and by in- 
serting after the word " way ", in the tenth line, the 
words : — or by the taking of an easement in land ad- 
joining a private way or a railroad location, — so as to 
read as follows: — Section 153. All damages which may Damages, 
be sustained by any person in his property by the taking 
of land for, or by the alterations of the grade of, a public 
w^ay, or by an abutter thereon, by the discontinuance of 
such public way, to the same extent as damages are re- 
coverable by abutters on ways discontinued by towns, or 
by the taking of an easement in land adjoining a public 



352 



Acts, 1905. — Chap. 409. 



Damages. 



Repeal. 



war, shall primarily be paid by the city or town; and 
all damages which may be caused by the taking of land 
for the railroad or by the change or discontinuance of 
a private way, or by the taking of an easement in land 
adjoining a jDrivate way or a railroad location, in connec- 
tion with the abolition of a grade crossing shall primarily 
be paid by the railroad corporation; and all damages 
Avhich may be sustained by any person by the abolition 
of private ways, except as hereinbefore provided, shall be 
entirely paid by the railroad corporation. If the parties 
interested cannot agree upon said damages, any party may 
have the damages determined by a jury in the superior 
court for the county in which the property and crossing 
are situated, on petition, brought within one year after 
the time the property is entered upon and work actually 
commenced thereon, in the same manner as damages may 
be determined which are caused by the taking of land 
for the locating of railroads and the laying out or dis- 
continuance of public ways, respectively, in such city or 
town; but all exj^ense which results from the necessary 
relocating or changing of streams and Avater courses form- 
ing the natural drainage channels of the territory in which 
alterations of grades are authorized and of sewers, drains 
and pij^es therein owned and operated by municipal cor- 
j)orations shall be primarily paid by said city or town, 
and shall be a part of the actual cost of the alterations 
mentioned in section one hundred and fifty-one. Parties 
who recover damages in such proceedings shall also re- 
cover costs as in other civil cases, and the court may in 
its discretion allow, as a part of such costs, the reasonable 
expenses incurred for surveys and plans. 

Sectioin' 4. All acts and parts of acts inconsistent 
herewith are hereby repealed. 

Sectio:x 5. This act shall take effect upon its passage. 

Approved May 17, 1905. 



ChapAQ^ Ax Act to revive the corporate existence of the city 

MILLS COMPAXT. 



City Mills 
Company 
revived, etc., 
for certain 
purposes. 



Be it enacted, etc., as follows: 

Section 1. The corporation heretofore known as the 
City Mills Company and formerly located at Norfolk, in 
the county of Xorfolk, is hereby revived and continued 
for the purpose of enabling the surviving directors of the 



Acts, 1905. — Chap. 410. 353 

said corporation to authorize one or more of their number 
to assign, transfer and set over unto William H. Sweatt 
of said Xorfolk, a certain mortgage, the real estate thereby 
conveyed, and the note and claim thereby secured. The 
said mortgage, dated October first, nineteen hundred and 
two, was given by Alexander L. Wylie and Sarah Wylie 
to Charles E. Cotton, was recorded with jSTorfolk deeds, 
book six hundred and eighty-four, page one hundred and 
eighty-seven, and was assig-ned by Emma T. Cotton, ex- 
ecutrix of the will of Charles E. Cotton, to the said City 
Mills Company by an assignment dated October twenty- 
fifth, eighteen hundred and ninety-five, and recorded with 
said deeds, book seven hundred and forty-seven, page three 
hundred and seven. 

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

Approved May 17, 1905. 

Ax Act relative to the manufacture and distributiox QJi^j) 4J() 

OF GAS AXD ELECTRICITY BY CITIES AXD TOWXS. 

Be it enacted, etc., as follows: 

Sectiox" 1. Chapter thirty-four of the Revised Laws r. l.34, §n, 
is hereby amended by striking out section eleven and in- ''^™^"'^'^'^- 
serting in place thereof the following: — Section 11. The Plants for the 
owner of any plant for the manufacture or distribution or"distribm?on 
of gas or electricity for light, heat or power in the city efefwcitymay 
or town, who desires to sell the same under the provisions ^oc^l^'^^Jr*^ 
of this chapter, shall within sixty days after the passage towns, etc. 
of the final vote of the city or town required by section 
three of this chapter, file with the clerk of the city or 
towm a good and sufficient conveyance duly executed of 
such parts of his plant as defined in section ten of this 
chapter as he desires to sell, together with a detailed 
schedule of the plant included in the conveyance and a 
statement of the price which he is willing to accept in 
payment for the same. Upon the filing of this convey- 
ance the property thereby conveyed shall vest in the city 
or to^vn, which shall be entitled to the immediate posses- 
sion and use of the property conveyed ; and the owner 
shall surrender possession of the same upon request. A 
city by vote of the city council, and a town by vote of the 
selectmen, may agree with the owner upon the price to 
be paid for the plant conveyed ; but said agreement as to 
price shall not be binding in towns until ratified l)y a 



354 



Acts, 1905. — Chap. 410. 



Commissioners 
may be 
appointed to 
determine 
value of 
property, etc. 



R. L. 34, § 12, 
amended. 



Certain prop- 
erty may be 
conveyed or 
reconveyed, 
etc. 



majority vote at a town meeting called for action thereon ; 
but if the city or town does not agree with the owner as 
to such price, or notifies him within thirty days after the 
filing of the conveyance that it is dissatisfied with the 
contents thereof, either as including property which ought 
not to have been included or as not including property 
which ought to have been included, either party may, 
within sixty days after the filing of the conveyance, apply 
to the supreme judicial court for the county in which the 
city or town is situated for the appointment of commis- 
sioners to determine what property ought to have been 
included in the conveyance and the value thereof. The 
court upon hearing and upon proof that the foregoing 
conditions have been complied with shall appoint one 
or more commissioners who shall hear the parties and 
determine, in accordance with the rules laid down in sec- 
tion ten of this chapter, the value of the property con- 
veyed, and, if the sufficiency of the conveyance in this 
regard is disputed, what property ought to have been con- 
veyed by the o^^aier to the city or town and the value 
thereof. The commissioners shall file a report of their 
determination; and, if either party is aggrieved by said 
determination, it may within thirty days after the filing 
thereof file objections thereto. The court shall thereupon 
have jurisdiction to determine the questions raised by the 
petition and objections ; and may recommit the report for 
further action by the commissioners, or otherwise deter- 
mine the matter as in proceedings in equity. The reason- 
able charges of the commissioners for their services shall 
be paid one half by each party, which, together with the 
expense of the litigation, if any, arising under this section, 
may be reckoned as part of the indebtedness for which 
bonds may be issued under section seven of this chapter. 
Section 2. Said chapter is hereby further amended 
by striking out section twelve and inserting in place 
thereof the following: — Section 12. Any property con- 
veyed which, according to the final decree of the court, 
ought not to have been conveyed, shall forthwith be re- 
conveyed by the city or town to the owner without liability 
to account for the mesne profits thereof or to pay interest 
on the value thereof; and any property which, according 
to said decree, ought to have been but was not included 
in the conveyance, shall forthwith be conveyed by the 
ovnier to the city or town. The city or town shall pay the 



Acts, 1905. — Chap. 410. 355 

owner the value, determined as provided in section ten of 
this chapter, of the property conveyed or, if the sufficiency 
of the conveyance in this regard is disputed, the value of 
the property which ought to have been conveyed, with 
interest from the date of the conveyance or, if any addi- 
tional conveyance is required by the decree, from the dates 
of the several conveyances. 

Section 3. Said chapter is hereby further amended ^ni^nlgJif ^'^' 
by striking out section twenty and inserting in place 
thereof the following : — Section 20. The mayor of a Manager of 
city or the selectmen, or municipal light board, if any, lighting,' 
of a town which acquires a gas or electric lighting plant pow°ers"etc. ' 
shall appoint a manager of municipal lighting who shall, 
under the direction and control of the mayor, selectmen 
or municipal light board, if any, and subject to the 
provisions of this chapter, have full charge of the op- 
eration and management of the plant, the manufacture 
and distribution of gas or electricity, the purchase of sup- 
plies, the employment of agents and servants, the method, 
time, price, quantity and quality of the supply, the col- 
lection of bills, and the keeping of accounts. His com- compensation, 
pensation and term of office shall be fixed in cities by the duties, etc. ' 
city council and in towns by the selectmen or municipal 
light board, if any; and, before entering upon the per- 
formance of his official duties, he shall give bond to the 
city or town for the faithful performance thereof in a 
sum and form and with sureties to the satisfaction of 
the mayor, selectmen or municipal light board, if any, 
and shall, at the end of each municipal year, render to 
them such detailed statement of his doings and of the 
business and financial matters in his charge as the board 
of gas and electric light commissioners may prescribe. 
All moneys payable to or received by the city, town, man- 
ager or board in connection with the operation of the 
plant, for the sale of gas or electricity or otherwise, shall 
be paid over to the city or town treasurer. All bills 
chargeable to the plant or the appropriations therefor 
shall be paid by the treasurer on requisition by the man- 
ager or municipal light board, if any. The manager shall 
at any time, when required by the mayor, selectmen, 
municipal light board, if any, or board of gas and electric 
light commissioners, make a statement to such officers of 
his doings, business, receipts, disbursements, balances, and 
of the indebtedness of the city or town in his department. 



356 



Acts, 1905. — Chap. 410. 



R. L. 34, § 21, 
amended. 



Manager to 
furnish esti- 
mate of income 
and expenses 
annuall}', etc. 



Excess of 
expense to be 
included in 
annual appro- 
priations for 
maintenance 
and in tax 
levy, etc. 



Depreciation 
fund to be 
kept, etc. 



Section 4. Said chapter is hereby further amended 
bv striking ont section twenty-one and inserting in place 
thereof the following: — Section 21. Prior to the begin- 
ning of each fiscal year the manager of the plant shall 
furnish to the mayor, selectmen or municipal light board, 
if any, an estimate of the income from sales of gas and 
electricity to private consumers during the ensuing fiscal 
year and of the expense of the plant during said year, 
meaning the gross expenses of operation, maintenance and 
repair, the interest on the bonds, notes or scrip issued to 
pay for the plant, an amount for depreciation equal to 
five per cent of the cost of the plant, or such smaller or 
larger amount as the board of gas and electric light com- 
missioners may approve, the requirements of the sinking 
fund or debt incurred for the plant, and the loss, if any, 
in the operation of the plant during the preceding year. 
The excess of the expense thus defined and estimated over 
the estimated income from sales to private consumers shall 
be included by the city or town in its annual appropria- 
tions for maintenance and in the tax levy. By cost of 
the plant is intended the total amount expended on the 
plant to the beginning of the fiscal year, for any purpose 
for which bonds, notes or scrip may be issued under sec- 
tions seven and eight of this chapter. By loss in opera- 
tion is intended the difference between the actual income 
from private consumers plus the appropriations for main- 
tenance for the preceding fiscal year and the actual ex- 
pense of the plant, reckoned as above, for that year in 
case such expense exceeded the amount of such income 
and appropriation. The income from sales and the money 
appropriated as aforesaid shall be used to pay the annual 
expense of the plant, defined as above, for the fiscal year, 
except that no part of the sum therein included for de- 
preciation shall be used for other purposes than renewals, 
in excess of ordinary repairs, extensions, reconstruction, 
enlargements and additions. The surplus, if any, of said 
annual allowances for depreciation after making the above 
payments shall be kept as a separate fund and used for 
renewals, other than ordinary repairs, extensions, recon- 
struction, enlargements and additions in succeeding years ; 
and no debt shall be incurred under sections seven and 
eight of this chapter for any extension, reconstruction or 
enlargements of the plant in excess of the amount needed 
for the purpose in addition to the amount then on hand 



Acts, 1905. — Chap. 410. 357 

in said depreciation fnnd. Said depreciation fund shall 
be kept and managed by the city or town treasurer as 
a separate fund, subject to appropriation by the city coun- 
cil or selectmen or municipal light board, if any, for the 
foregoing purpose. All appropriations for the plant shall ^^^J*'|'tc.^' 
be either for the annual expense defined as above, or for 
extensions, reconstruction, enlargements or additions ; and 
no appropriation shall be used for any purpose other than 
that stated in the vote making the same. 'No bonds, notes 
or scrij) shall be issued by a city or town for the annual 
expenses as defined in this section. 

Section 5. Said chapter is hereby further amended ^fm^nl^df ""' 
by striking out section twenty-seven and inserting in place 
thereof the following: — Section 27. A city or town Records to be 
which manufactures or sells gas or electricity for lighting 
shall keep records of its work and doings at its manu- 
facturing station, and in respect to its distributing plant, 
as required by the board of gas and electric light com- 
missioners. It shall install and maintain apparatus, satis- 
factory to said board, for the measurement and recording 
of the output of gas and electricity, and shall sell the 
same by meter to private consumers when required by 
said board; and if required by said board shall measure 
all gas or electricity consumed by the city or town. The 
books, accounts and returns shall be made and kept, in 
a form prescribed by said board, and the accounts shall be 
closed on the thirtieth day of June annually and a balance 
sheet of that date shall be taken therefrom and included 
in the return of said board. The mayor or selectmen. Return to be 
or municipal light board, if any, shall annually, on or and eiect^tc 
before the second Wednesday of September, make return i\|nlrs'"""^' 
to said board, for the year ending on the thirtieth day of ''^""uai^J'' etc. 
June, signed and sworn to by the mayor or a majority 
of the selectmen or municipal light board, if any, and 
by the manager, stating the financial condition of said 
business, the amount of authorized and existing indebted- 
ness, a statement of income and expenses in such detail 
as the board may require, and a list of its salaried officers 
and the salary paid to each. The mayor, the selectmen 
or the municipal light board may direct any additional 
returns to be made at such time and in such detail as they 
may order. The mayor, selectmen or municipal light iJooUsand 

• IlCCOUDiS to D© 

board and manager shall, at any time, on request, submit submitted to 
said books and accounts to the inspection of said board, gaTand'Sec- 



358 



Acts, 1905. — Chap. 411. 



trie liglit 
commissioners 
on request, 
etc. 



R. L. 34, § 29, 
amended. 



To apply to 
certain cities 
and towns, etc. 



R. L. 34 
amended. 



Enforcement 
of provisions. 



When to take 
effect. 



and furnish any statement or information required by it 
relative to the condition, management and operation of 
said business. The board of gas and electric light com- 
missioners shall, in its annual rej)ort, describe the opera- 
tion of the several municipal plants "with such detail as 
may be necessary to disclose the financial condition and 
results of each plant; and shall state what cities or towns, 
if any, operating a plant have failed to comply with the 
provisions of this chapter, and what, if any, are selling 
gas or electricity with the approval of the board at less 
than cost. 

Section 6. Said chapter is hereby further amended by 
striking out section twenty-nine and inserting in place 
thereof the following: — Section 29. A city or icywni au- 
thorized by special act to construct, purchase, lease, estab- 
lish or maintain a gas or electric lighting plant shall be 
subject to the provisions of this chapter and to any amend- 
ments thereof or additions thereto, so far as the same may 
be applicable. 

Section 7. Said chapter thirty-four is hereby further 
amended by adding at the end thereof the following new 
section : — Section 32. In addition to the jurisdiction 
conferred by section eleven of this chapter on the supreme 
judicial court for the county in which the city or town 
is situated, said court shall have jurisdiction on petition 
of the board of gas and electric light commissioners or 
of twenty taxable inhabitants of the city or town to com- 
pel the fixing of prices by the city or town in accordance 
with the provisions of sections twenty-one and twenty-two 
of this chapter, to prevent any city or town from purchas- 
ing or operating a gas or electric plant in violation of any 
of the provisions of this chapter, and generally to en- 
force compliance with the terms and provisions thereof. 

Section 8. This act shall take effect on the first day 
of July in the year nineteen hundred and five. 

Approved May 17, 1905. 



ChapAll An Act to extend the time within which a new bridge 

MAY BE constructed OVER THE MERRIMAC RIVER IN THE 
CITY OF HAVERHILL. 

Be it enacted, etc., as follows: 

Section 1. The time within which a new bridge may 



Time within 
which new 

bridge may be \yQ constructcd ovcr the Mcrrimac river in the city of 

constructed •' 



Acts, 1905. — Chaps. 412, 413. 359 

Haverhill, in accordance with the provisions of chapter oyer Men-imac 
f onr hundred and sixty-six of the acts of the year nine- hiu extended. ' 
teen hundred and three, is hereby extended to the first 
day of July in the year nineteen hundred and six. 

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

Approved May 17, 1905. 

An" Act to authorize the Massachusetts institute of Cj^iq^y) 412 
technology to hold additional real and personal ^ 

ESTATE. 

Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and eta 'amended 
twenty of the acts of the year eighteen hundred and sixty- 
five, as amended by section one of chapter seventy-two 
of the acts of the year eighteen hundred and eighty-eight, 
is hereby further amended by striking out the section and 
inserting- in place thereof the following: — Section 1. TheMassachii- 

miTri T- 'mii'i s^lt^e, Institute 

ihe jMassachusetts institute ol Technology is hereby an- of Technology 

niciv holci 

thorized to hold real and personal estate to any amount, additional 
such estate and the income therefrom to be devoted ex- ' 
clusively to the purposes and objects set forth in its act 
of incorporation and all acts in addition thereto or in 
amendment thereof. 

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

Approved May 17, 1905. 

An Act relative to the mount tom state reservation. QJiapAlS 
Be it enacted, etc., as follows: 

Section 1. Section one of chapter two hundred and 1?°^' f ^'*' ^i- , 

i. etc., amended. 

Sixty-four of the acts of the year nineteen hundred and 

three, as amended by chapter three hundred and fifty-one 

of the acts of the year nineteen hundred and four, is 

hereby further amended by striking out the word " five ", 

in the fifth line, and inserting in place thereof the word : 

— six, — so as to read as follows:' — Section 1. The commissioners 

county commissioners of the county of Hampshire and amfnannlden 

of the county of Hampden, as a joint commission, are take'^etc.^*^ 

hereby authorized and directed, on or before the first day certain land. 

of April in the year nineteen hundred and six, to take 

or acquire by purchase, gift or otherwise, land not exceed- 

ino; eighteen hundred acres in extent situated on or about 



360 



Acts, 1905. — Chap. 414. 



Mount Tom and Mount Xonotuck 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 com- 
pany situated westerly of the division line between the 
town of Easthampton and the city of jS^orthampton. 
Sectiox 2. To carry out the purposes of said chapter 
jje allowed, ^^-q hxnidred and sixty-four as amended by said chapter 
three hundred and fifty-one, and as amended hereby, the 
sum of ten thousand dollars shall be allowed and paid 
out of the treasury of the Commonwealth in addition to 
the sum heretofore allowed for the said purposes. 

Approved May 17, 1905. 



Certain addi- 
tional sum 



CkapA14: Ax Act relative to shore, marsh and beach birds. 
Be it enacted, etc., as follows: 



R. L. 92, § 5, 
etc., amended. 



Protection of 
shore, marsh 
and l)eacli 
birds, etc. 



Section five of chapter ninety-two of the Revised Laws, 
as amended by chapter one hundred and sixty-two of the 
acts of the year nineteen hundred and three, is hereby 
further amended by striking out the word " or ", in the 
fourth line, and inserting in place thereof the words : — 
a Bartramian sandpiper, also called upland plover, before 
the fifteenth day of July in the year nineteen hundred 
and ten, — and by inserting after the word " pigeon ", 
in the fifth line, the words : — a Carolina or mourning 
dove, — so as to read as follows : — Section 5. Whoever 
takes or kills a plover, snipe, sandpiper, rail or any of the 
so-called shore, marsh or beach birds between the first day 
of March and the fifteenth day of July, a Bartramian 
sandpiper, also called upland jjlover, before the fifteenth 
day of July in the year nineteen hundred and ten, a wild 
or passenger pigeon, a Carolina or mourning dove, a gull 
or tern at any time, shall be punished by a fine of ten 
dollars for every bird so taken or killed ; but the provi- 
sions of this section shall not apply to the great American 
herring gull nor to the great black-backed gull between 
the first day of Xovember and the first day of ]May follow- 

Approvcd 2[ay 11, 1905. 



mff 



Acts, 1905. — Chaps. 415, 416. 361 



An Act to eegulate licenses of pawnbrokers and the (JJk,^ 415 
fees therefor. 

Be it enacted, etc., as follows: 

Section forty of chapter one hundred and two of the r. l. lo-i, § 40, 
Revised Laws is hereby amended by inserting after the ^™^" ^ ' 
word " dollars ", in the second line, the w^ords : — but if 
a license is issued on or after j^ovember first in any year 
the fee shall be twenty-five dollars, — and by striking out 
all after and including the word " such ", in the second 
line, to and including the words " at any time ", in the 
fifth line, — so as to read as follows: — Section JfO. The Licensing of 
fee for such license or renewal thereof as a pawnbroker f^es,°ete"? ^'^^' 
shall be fifty dollars, but if a license is issued on or after 
i^ovember first in any year the fee shall be twenty-five 
dollars. The licensee shall, at the time of receiving such 
license, file with the mayor, board of police or licensing 
board a bond to such city or town, with two sureties, in 
the penal sum of three hundred dollars, approved by such 
mayor, board of police or licensing board, and conditioned 
for the faithful performance of the duties and obligations 
pertaining to the business so licensed. 

Approved May 18, 1905. 

Ax Act to authorize the city of lowell to supply (J^qj) 4;[g 
A certain district of the town of tewksbury with 

WATER. 

Be it enacted, etc., as follows: 

Section" 1. The city of Lowell may supply water for cityof Loweii 
the extinguishment of fires and for domestic and other pur- certafn'district 
poses to the inhabitants of that part of the town of Tewks- Tewksbury 
bury which lies northwesterly of a straight line beginning ^^^^ water, 
at the intersection of the easterly side of Billerica street in 
the said town with the boundary line between the towns of 
TeAvksbury and Billerica, thence north thirty-two degrees 
east, true bearing, in a straight line to the boundary line 
between the towns of Tewksbury and Andover. For this May construct 
purpose the said city may construct and lay conduits, duitsfpipesi 
pipes and other works, under or over any lands, water '-'**^- 
courses, railroads, railways and public or private ways, 
and along any such ways in the town of Tewksbury in 
such manner as not imnecessarily to obstruct the same; 
and for the purpose of constructing, maintaining and re- 



362 



Acts, 1905. — Chap. 416. 



Proviso. 



Distribntion of 
water, etc. 



Town may 
take property, 
etc. 



Supreme 
judicial court 
to fix cost in 
case of failure 
to agree, etc. 



When to take 
effect, etc. 



pairing such conduits, pipes and other works, and for all 
proper purposes of this act, the citj of Lowell may enter 
upon and dig up any such lands and ways : provided^ how- 
ever, that the city of Lowell shall not enter upon or dig 
up any public ways in the town of Tewksbury, except with 
the consent of the board of selectmen thereof ; and the city 
of Lowell shall restore to the satisfaction of the selectmen 
of the town of Tewksbury the public ways dug up or other- 
wise disturbed in said town, and shall pay all damages 
sustained by any person in consequence of any act or neg- 
lect upon the part of the city of Lowell, its agents or em- 
ployees, in digging up or otherwise disturbing any lands 
or public or private Avays