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Full text of "The General Statutes of the Commonwealth of Massachusetts : revised by commissioners appointed under a resolve of February 16, 1855, amended by the legislature, and passed December 28, 1859"

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THE 



GENERAL STATUTES 



COMMONWEALTH OF MASSACHUSETTS : 

REVISED BY COMMISSIONEHS APPOIKTED under a resolve of FEBRCARY 16, 1655, 
AMENDED BY THE LEGISLATDRE, AND PASSED DECEMBER 28, 1859. 

TO WHICH THE 

CONSTITUTIONS OF THE UNITED STATES AND THE COMMONWEALTH OF MASSACHUSETTS 

ARE PREFIXED; 

AND A LIST OF ACTS PREVIOUSLY REPEALED, 
A GLOSSAEY, AND INDEX, ARE ADDED. 



EDITED AND PUBLISHED UNDER THE AUTnORITY OF CHAPTERS 138, HO, 
AND 141 OF THE RESOLVES OF 1859. 



1 

BOSTON: 
PUBLISHED BY WILLIAM WHITE, 

STATE PI! INTER, 4 SPRING LANE. 
I860. 



^^^^ STATE LP^f^'^n^^mACHUSETTS 

C.3 . OCT 22 mi 

STATE Ko Kc POSTON 

J<M.SS. Oi'-i'-iCiALS 



EI, RCTROTTrKI) AT THE 
BOSTON STKREOTYl'E FOUNDET. 






PREFACE. 



Ox the IGth day of February, 1855, pursuant to the recom- 
mendation of commissioners appointed by the governor under a 
resolve of the preceding year to report a plan for consolidating 
and arranging the general statutes of the commonwealth, the legis- 
lature passed a resolve requiring the governor, with the advice and 
consent of the council, to appoint three commissioners "for consoli- 
datin": and arrana-in"; the general statutes of the commonwealth 
on the basis, plan, and general form and method of the Revised 
Statutes," with authority to '• omit redundant enactments and those 
which may have ceased to have any efiect or influence on existing 
rights ; to reject superfluous words, and condense into as concise 
and comprehensive a form, as is consistent with a fidl and clear 
expression of the will of the legislature, all circuitous, tautological, 
and ambiguous phraseology ; to suggest any mistakes, omissions, 
inconsistencies, and imperfections which may appear in the laws 
to be consolidated and arranged, and the manner in which tliey 
may be corrected, supplied, and amended." By virtue of this resolve, 

JOEL PARKER, of Cambridge, 

WILLIAM A. RICHARDSON, of Lowell, and 

ANDREW A. RICHMOND, of Adams, 

were appointed and commissioned March 9, 1855. The commission- 
ers immediately entered upon the discharge of their duties ; and, 

(iU) 



iv PREFACE. 

having completed the same in the autumn of 1858, their report was 
submitted in print to the legislature at the commencement of the 
annual session in January, 1859, by Messrs. Parker and Richardson ; 
Mr. Richmond having been prevented by illness from participating 
in the work during the last year of its progress. 

On the 23d day of February, 1859, resolves were passed provid- 
ing for a special session of the legislature, to be commenced on the 
first Wednesday of the next September, for the purpose of com- 
pleting the revision, and also providing for the appointment of a 
joint special committee, consisting of the president and eleven other 
members of the Senate and the speaker and twenty-eight other 
members of the House of Representatives, to examine and consider, 
during the recess of the legislature, the report of the commissioners, 
to incorporate therein all general laws passed by the legislature 
at the annual session of that year, and with power to propose 
such amendments and alterations in existing laws as the committee 
might deem expedient. 

The committee appointed under these resolves organized early 
in April, immediately after the adjournment of the legislature, and 
was in session about eighty days, exclusive of intervals of adjourn- 
ment, holidays, and Sundays. 

The committee reported in print, at the special session in Sep- 
tember-, numerous amendments to the commissioners' report, incor- 
porating the legislation of the previous session .and proposing many 
changes in tlie existing laws. 

The legislature commenced its special session on the first Wednes- 
day of September, and at that session, on the 28th day of Decem- 
ber, 1859, passed the following act, which is therein designated as 
the GENERiU. Statutes. 



PREFACE. V 

By chapter 140 of the resolves of 1859, the undersigned were 
appointed commissioners " to edit and superintend the printing 
and pubhcation of the General Statutes of the commonwealth, 
together with the Constitution thereof, the Constitution of the United 
States, and such other additions as they deem expedient," and to 
prepare marginal notes to the sections of the Statutes, and an 
exact and copious Index to the whole. 

The text of the Constitution of Massachusetts and of the Stat- 
utes has been carefully compared with the rolls by the editors 
personally. In the necessary haste in which the Statutes were 
engrossed upon parchment during the last part of the special ses- 
sion, some errors appear to have been made therein. These have 
been noted by brackets, thus [ ], enclosing in Roman letters, like 
the body of the text, any omitted word or words which should have 
been engrossed upon the roll, and in Italics any erroneous or super- 
fluous word or words found there ; but this does not apply to cases 
where brackets are used in forms. 

The marginal references to the statutes and decisions are taken 
"chiefly from the commissioners' report; theT references to the acts 
of the legislature of 1859, and to the later volumes of Gray's Ee- 
ports, and a few other references having been added. The editors 
have attempted to connect together, by cross references in the 
margin, many of the provisions of law relating to the same subject. 

A list of general acts passed subsequently to the passage of the 
Revised Statutes and expressly repealed before the passage of the 
General Statutes, with references to the repealing acts or sections, 
has been added, as a useful appendage to chapter 182, in order that 
the tact and time of the repeal of many laws not enumerated in 
that chapter may be more easily ascertained. 

o* 



, y[ PREFACE. 

In compliance with chapter 138 of the resolves of 1859, a Glos- 
sary/ has been added, -which is made rather for popular than for 
professional use, according to the supposed object of the resolve. 

Much care and labor have been devoted to the Index, and it 
is believed that it -will be found more full than that to any 
former edition of the laws of this commonwealth. 

The editors" trust that the short time allowed for printing the 
volume and for preparing the Glossary and Index will be deemed 
a sufficient excuse for any errors or imperfections which may be 
discovered in their editorial labors. 

WILLIAM A. RICHARDSON, 
GEORGE P. SANGER. 

Mai/, I860." 



ANALYSIS 



SEVERAL TITLES AND CHAPTERS 



CONTAINED IN 

THE GENERAL STATUTES 



PART I. 

OF THE INTERNAL ADMINISTRATION OF THE GOVERNJMENT. 



TITLE I. 

OF THE JURISDICTION OF THE COMMONWEALTH, LEGISLATURE, STATUTES, PUBLIC 
REPORTS AND DOCUMENTS, STATE LIBRARY AND OTHER PUBLIC PROPERTY. 

PAGE 

Chapter 1 . — Of the Jurisdiction of the Commonwealth and Places ceded to the United States, 43 

Chapter 2. — Of the Legi^^lature, 46 

Chapter 3. — Of the Statutes, 49 

Chapter 4. — Of Public Reports and Documents 52 

Chapter 5. — Of the State Library and other Public Property 53 



TITLE II. 

OF ELECTIONS. 

• 

Chapter 6. — Of tlio Qualifications of Electors, 56 

Chapter 7. — Of the Manner of conducting 'Elections and retuiTiing Votes 57 

Chapter 8. — Of the Election of Governor and other State Officers 61 

Chapter 9. — Of the Election of Representatives in Congress and Electors of President and 

Yicc-Presidcnt, 67 

Chapter 10. — Of the Election of District and County Officers 70 

TITLE III. 

OF THE ASSESSMENT AND COLLECTION OF TAXES. 

Chapter 11. — Of the Assessment of Taxes 73 

Chapter 12. — Of the Collection of Taxes 81 

(vii) 



VUl ANALYSIS — PART I. 



TITLE IV. 

PAOB 

Chapter 13. — OF THE MILITIA, 88 

TITLE V. 

OF CERTAIN STATE OFFICERS AND MATTERS OF FINANCE. 

Chapter 14. — Of certain State Officers 127 

CiiAPTEK 15. — Of the Auditor, Treasurer, Land Agent, and Matters of Finance, 135 

Chapter 16. — Of the State Board of Agriculture, 141 

TITLE VI. 

Chapter 17. — OF COUNTIES AND CERTAIN COUNTY OFFICERS 142 

TITLE VII. 

OF TOWNS AND CITIES. 

Chapter 18. — Of the Powers of Towns, and the Election, Qualification, and Duties, of Tnvra 

Officers, 156 

Chapter 19. — Of certaui Powers and Duties of Cities, 166 

Chapter 20. — Of the Census ' ... 167 

Chapter 21. — Of the Registry and Returns of Births, Marriages, and Deaths, 168 

Chapter 22. — Of Workhouses and Almsliouses 170 

Chapter23. — Of Watch and Ward 173 

Chapter 24. — Of Fires and Fire Departments, 175 

Chapter 25. — Of Fences and Fence Viewers, Pounds, and Field Drivers, 182 

TITLE VIII. 

OF THE PUBLIC HEALTH AND BURIALS. 

Chapter 26. — Of the Preservation of the Public Health, 187 

Chapter 27. — Of the Promotion of Anatomical Science 195 

Chapter 28. — Of Cemeteries and Burials, 196 

TITLE IX. * 

Chapter 29. — OF THE PUBLIC RECORDS 197 

TITLE X. 

OF PARISHES AND RELIGIOUS SOCIETIES ; AND OF RELIGIOUS, CHARITABLE, AND 
EDUCATIONAL FUNDS AND ASSOCIATIONS. 

Chapter 30. — Of Parishes and RcUgious Societies, . . .' 199 

Chapter 31. — Of Donations and Conveyances for Pious and Charitable Uses, 205 

Chapter 32. — Of Associations for Religious, Charitable, and Educational Purposes 207 

Chapter33. — Of Public Libraries, 207 



ANALYSIS — PART I. jx 

TITLE XI. 

OF PUBLIC INSTRUCTION AKD REGULATIONS RESPECTING CHILDREN. 

PAOE 

Chapter 34. — Of the Board of Education, 209 

Chapter 35. — Of Teachers' Institutes and Associations, 211 

Chapter 36. — Of the School Funds, 212 

Chapter 37. — Of State Scholarships, 213 

Chapter 38. — Of the PubUc Schools 215 

Chapter 39. — Of School Districts, 220 

Chapter 40. — Of School Registers and Returns 226 

Chapter 41. — Of the Attendance of Children in the Schools 228 

Chapter 42. — Of the EmplojTnent of Children and Regulations respecting them 229 

TITLE XII. 

OF WAYS, BRIDGES, PUBLIC PLACES, FERRIES, SEWERS, AND DRAINS. 

Chapter 43. — Of the Laying out and Discontinuance of Highways, Town Ways, and Private 

Ways 231 

Chapter 44. — Of the Repairs of Ways and Bridges, 244 

Chapter 45. — Of Regulations and By-Laws respecting Ways and Bridges 249 

Chapter 46. — Of the Boundaries of Highways and other Public Places, and Encroachments 

thereon, 251 

Chapter 47. — Of Ferries 252 

Chapter 48. — Of Sewers and Drains 253 

TITLE XIII. 

OF THE REGULATION OF TRADE IN CERTAIN CASES. 

Chapter 49. — Of the Inspection and Sale of Provisions and other Merchandise 256 

Chapter 50. — Of Sales by Auctioneers and Hawkers and Pedlers 280 

Chapter 51. — Of Weights and Measures, 284 

Chapter 52. — Of Shipping and Pilotage, 286 

Chapter 53. — Of Money, Bonds, BUls of Exchange, and Promissory Notes 292 

Chapter 54. — Of Agents, Consignees, and Factors, 294 

Chapter 55. — Of Limited Partnerships 296 

Chapter 56. — Of the unauthorized Use of Trade Marks and Names, 297 

TITLE XIV. 

OF CORPORATIONS AND PROPRIETORS OF COMMON LANDS. 

Chapter 57. — Of Banks and Banking 299 

Chapter 58. — Of Insurance Companies, 319 

Chapter 59. — Of Loan and Fund Associations 334 

Chapter 60. — Of Manufacturing and other Corporations organized under Special Charters, . . 336 

Chapter 61. — Of Corporations organized under General Statutes 341 

Chapter 62. — Of Turnpike, Canal, and Bridge Corporations, 343 

Chapter 63. — Of Railroad Corporations 348 

Chapter 64. — Of Telegraph Companies, 372 

Chapter 65. — (Jf Aqueduct Corporations, ' 374 

Chapter 66. — Of Agricultural and Horticultural Societies, 376 

Chapter 67. — Of Proprietors of Wharves, General Fields, and Real Estate lying in common, . 379 

Chapter 68. — Of the Powers, Duties, and Liabilities of Corporations, 384 

B 



X ANALYSIS — PART H, 

TITLE XV. 

OP THE INTERNAL POLICE OF THE C05BI0NWEALTH. 

PAG£ 

Chapter 69. — Of the Settlement of Paupers, 390 

Chapter 70. — Of the Support of Paupers by Cities and Towns 392 

Chapter 71. — Of Alien Passengers and State Paupers, 395 

Chapter 72. — Of the Maintenance of Bastard Children, 404 

Chapter 73. — Of the State Lunatic Hospitals, i 406 

Chapter 74. — Of County Keceptacles for Insane Persons, 411 

Chapter 75. — Of the State Industrial School for Girls, . 413 

Chapter 76. — Of the State Reform School for Boys, 417 

Chapter 77. — Of the Law of the Road, 423 

Chapter 78. — Of Timber afloat or cast on Shore, 424 

Chapter 79. — Of Lost Goods and Stray Beasts, 425 

Chapter SO. — Of Unclaimed Property transported by Common Carriers 426 

Chapter 81. — Of Wrecks emd ShipwTecked Goods, 427 

Chapter 82. — Of the Preservation of certain Birds and Animals 429 

Chapter 83. — Of Fisheries, Kelp and Seaweed 431 

Chapter 84. — Of the Observance of the Lord's Day, 434 

Chapter 85. — Of Gaming, 435 

Chapter 86. — Of the Manufacture, Sale, &c., of Intoxicatmg Liquors 437 

Chapter 87. — Of the Suppression of Common Nuisances 453 

Chapter 88. — Of Licenses and Municipal Regulations of Police 454 



PART II. 

OF THE ACQUISITION, THE ENJOYMENT, AND THE TRANSMISSION 
OF PROPERTY, REAL AND PERSONAL; THE DOMESTIC RELA- 
TIONS, AND OTHER MATTERS CONNECTED WITH PRIVATE 
RIGHTS. 



TITLE I. 

OF REAL PROPERTY AND THE ALIENATION THEREOF. 

Chapter 89. — Of Alienation by Deed; the Legal Formalities, Construction, and Operation, of 

Deeds for the Conveyance of Lands, ^^■'' 

Chapter 90. — Of Estates in Dower, by the Curtesy, for Years, and at Will ; and General Pro- 
visions concerning Real Estate, ■*'^^ 

TITLE II. 

Chapter 91. — OF TITLE TO REAL PROPERTY BY DESCENT, *'3 



ANALYSIS — PART II. XI 



TITLE III. 



PAGE 



Chapter 92. — OF WILLS, 475 



TITLE IV. 

OF THE SETTLEMENT OF ESTATES OF DECEASED PERSONS, TRUSTS, ANT3 SPECIAL 
PROVISIONS RELATING TO ESTATES, TRUSTS, AND GUARDIANSHIPS. 

Chapter 93. — Of Letters Testamentary and Proceedings on the Probate of Wills, .... 481 

Chapter 94. — Of Administration and tlie Distribution of Estates of Intestates, 482 

Chapter 95. — Of Public Administrators, 485 

Chapter 96. — Of Inventories, Allowances to Widows and Children, and Collection of the 

Effects of Deceased Persons, 488 

Chapter 97. — Of the Payment of Debts and Legacies, 490 

Chapter 98. — Of the Accounts and Settlements of Executors and Administrators 494 

Chapter 99. — Of Insolvent Estates 496 

Chapter 100. — Of Trusts 500 

Chapter 101. — Special Provisions relating to Estates, Trusts, and Guardianships, 503 



TITLE V. 

OF TITLE TO REAL PROPERTY BY SPECIAL PROVISIONS OF LAW. 

Chapter 102. — Of Sales of Lands by Executors, Administrators, and Guardians 50;> 

Chapter 103. — Of takiiig Land to satisfy Executions for Debt 516 

Chapter 104. — Of Homesteads 524 



TITLE VI. 

Chapter 105. — OF THE PREVENTION OF FRAUDS AND PERJURIES, 527 

TITLE VII. 

OF THE DOMESTIC RELATIONS. 

Ch-APTER 106. — Of JIarriage, 528 

Chapter 107. — Of Divorce, 631 

Chapter 108. — Of certain Rights and LiabiUties of Husband and Wife 537 

Chapter 109. — Of Guardians and AVards 54l> 

Chapter 110. — Of the Adoption of Children and Change of Names, 547 

Chapter 111. — Of Masters, Apprentices, and Servants, 549 



XU ANALYSIS — PART III. 



PART III. 



OF COURTS AND JUDICIAL OFFICERS AND PROCEEDINGS IN 

CIVIL CASES. 



TITLE I. 

OF COURTS AND JUDICIAL OFFICERS. 



PAGE 



Chapter 112. — Of the Supreme Judicial Court, 552 

Chaittee 113. — Of the Supreme Judicial Court — Equity Jurisdiction, 558 

Chapter 114. — Of the Superior Court, 561 

Chapter 115. — Of Matters common to the Supreme Judicial and Superior Courts, .... 5C5 

Chapter 116. — Of Police Courts, 568 

Chapter 117. — Of Probate Courts 574 

Chapter 118. — Of Courts of Insolvency 579 

Chapter 119. — Of Judges and Registers of Probate and Insolvency, 601 

Chapter 120. — Of Justices of the Peace, 604 

Chapter 121. — Of Clerks, Attorneys, and other Officers of Judicial Courts, 611 

Chapter 122. — Special Provisions respecting Courts and the Administration of Justice, . . . 617 



TITLE II. 

OF ACTIONS AND PROCEEDINGS THEREIN. 

Chapter 123. — Of the Commencement of Actions and Service of Process, 619 

Chapter 124. — Of Arrest, Imprisonraeut, and Discharge, 632 

Chapter 125. — Of Bail 642 

Chapter 126. — Of Proceedings against Absent Defendants, and upon Insufficient Service, . . 645 

Chapter 127. — Of Actions which survive, and the Death and Disabilities of Parties 64" 

Chapter 128. — Of Actions by and against Executors and Administrators, 050 

Chapter 129. — Of Pleadings and Practice, 652 

Chapter 130. — Of Set-oif and Tender, ' 669 

Chapter 131. — Of Witnesses and Evidence 672 

Chapter 132. — Of Juries, 079 

Chapter 133. — Of Judgment and Execution, 684 



TITLE III. 

OF REMEDIES RELATING TO REAL PROPERTY. 

Chapter 134. — Of the AVrit of Entry and Petitions for the Settlement of Title, 691 

Chapter 135. — Of the "Writ of Dower 697 

Chapter 136. — Of the Partition of Lands 698 

Chapter 137. — Of Forcible Entry and Detainei-, 707 

Chapter 138. — Of Wa^te and Trespass on Real Estate, 708 

Chapter 139. — Of Actions for Private Nuisances, 710 

Chapter 140. — Of the Foreclosure and Redemption of Mortgages 711 

Chapter 141. — Of Information for Intrusion and the Recovery of Lands by the Commonwealth, 717 



ANALYSIS — PAET IV. XllI 

TITLE IV. 

OF CERTAIN WRITS AND PROCEEDINGS IN SPECIAL CASES. 

PAGE 

Chapter 142. — Of Trustee Process, 720 

Chapter 143. — Of Replevin of Property, 730 

Chapter 144. — Of Habeas Corpus, Personal Replevin, and Personal Liberty 733 

Chapter 145. — Of Audita Querela, Certiorari, Mandamus, and Quo Warranto, 742 

Chapter 146. — Of Writs of Error and Review 745 

Chapter 147. — Of Reference to Arbitration by Agreement before a Justice of the Peace, . . 749 

Chapter 148. — Of Improving Meadows and Swamps, 750 

Chapter 149. — Of the Support and Regulation of Mills * 754 

Chapter 150. — Of Liens on Buildings and Land 761 

Chapter 151. — Of Mortgages, Pledges, and Liens upon Personal Property, 766 

Chapter 152. — Of Recognizances for Debts 770 

Chapter 153. — Of Seizing and Libelling Forfeited Goods 772 

TITLE V. 

OF THE Ll.MlTATION OF ACTIONS. 

^jiAPTER 154. — Of the Limitation of Real Actions and Rights of Entry 774 

Chapter 155. — Of the Limitation of Personal Actions, 777 

TITLE VI. 

OF COSTS AND THE FEES OF CERTAIN OFFICERS. 

Chapter 156. — Of Costs in Civil Actions, 780 

Chapter 157. — Of the Fees of certain Officers 783 



PART IV. 

OF CRIMES, PUNISHMENTS, PROCEEDINGS IN CRIMINAL CASES, 

AND PRISONS. 



TITLE I. 

OF CRIMES AND PUNISHMENTS. 

Chapter 158. — Of the Rights of Persons accused 789 

Chapter 159. — Of Offences against the Sovereignty of the Commonwealth, 790 

Chapter 160. — Of OffenSes against the Person 791 

Chapter 161. — Of Offences agamst Property, 795 

Chapter 162. — Of Forgery and Offences against the Currency S07 

b 



XIV ANALYSIS — PART V. 

FADE 

Chapter 163. — Of Offences against Public Justice, 811 

Chapter 164. — Of Offences against the Public Peace, 815 

Chapter 165. — Of Offences against Chastity, Morality, and Decency 817 

Chapter 166. — Of Offences against the Public Health, 822 

Chapter 167. — Of Offences against Public Policy 823 

Chapter 168. — Of Felonies, Accessories, Abettors, and Attempts to commit Crimes, .... 825 



TITLE II. 

OF PROCEEDINGS IN CRIMINAL CASES. 

Chapter 169. — Of Proceedings to prevent the Commission of Crimes 827 

Chapter 170. — Of Search Warrants, Rewards, Arrest, Examination, Commitment, and Bail, . 829 

Chapter 171. — Of Indictments, Prosecutions, and Proceedings before Trial 336 

Chapter 172. — Of Trials, 840 

Chapter 173. — Of Appeals, New Trials, and Reports 842 

Chapter 174. — Of Judgment and Execution, 844 

Chapter 175. — Of Inquests on Dead Bodies, 848 

Chapter 176. — Of Fines, Forfeitures, and Costs, 850 

Chapter 177. — Of Fugitives from Justice and Pardons, 853 



TITLE III. 

OF PRISONS AND IMPRISONMENT. 

Chapter 178. — Of Jails and Houses of Correction, 856 

Chapter 179. — Of the State Prison, 869 

Chapter ISO. — Of the Transfer of Lunatics and Discharge of Poor Convicts, 877 



PART V. 

OF THE GENERAL STATUTES AND THE REPEAL OF EXISTING 

LAWS. 



Chapter 181. — Of the General Statutes and their Effect 880 

Chapter 182. — Of the Express Repeal of Existing Laws 881 



CONSTITUTIONS 



OF THE 



UNITED STATES OF AMERICA, 



AND OF THE 



COMMONWEALTH OF MASSACHUSETTS. 



(XT) 



CONSTITUTION 



OF THE 



UNITED STATES OF AMERICA. 



PREAMBLE. 

Objects of the Constitution. 

ARTICLE I. 
Section 

1. Le'^islative powers, in whom vested. 

2. House of representatives, how and by 
whom chosen.— Qualitications of a repre- 
sentative. — Rcpresent^itives and direct tax- 
es, how apportioned. — Census. — Vacancies 
to be filled.— Power of choosing officers, 
and of impeachment. 

3. Senators, how and by whom chosen. — 
How classified. — State executive to make 
temporary appointments, in case, &c. — 
Qualifications of a senator.— President of 
the senate, his ri^ht to vote. — President 
pro tern, and other officers of senate, liow 
chosen. — Power to try impeachments. — 
When president is tried, chief justice to pre- 
side. — Sentence. 

4. Times, &c. of holding elections, how pre- 
scribed. — One session in each year. 

5. Membership.— Quorum.— Adjournments. 

— Rules.- Power to puuish or expel. — 
Journal.- Time of adjournment limited, 
unless, &c. 

6. Compensation.— Privileges.- Disqualifica- 
tion in certain cases. 

7. House to originate all revenue bills. — Veto. 

— Rill may be passed by two thirds of each 
house, notwithstanding, &c. — Bill not re- 
turned in ten days. — Provision as to all or- 
ders, &c. except, &c. 

8. Powers of congress. 

9. Provision as to migration or importation of 
certain persons. — Habeas corpus. — Bills of 
attainder, «fec. — Taxes, how apportioned. — 
No export duty. — No commercial prefer- 
ences.— No money drawn from treasury, 
unless, &c.— No titular nobility. — Officers 
not to receive presents, unless, &c. 

10. States prohibited from the exercise of cer- 
tain powers. 

ARTICLE II. 
Sectiox 
1. President and vice president, their term of 
office. — Electors of president and vice pres- 
ident, number, and how appointed. — Elec- 
tors to vote on same day. — Qualification 
of president. — On whom ius duties devolve 
in C4ise of his removal, death, &c — Presi- 
dent's compensation. — His oath. 



Section 

2. President to be commander in chief. — He 
may require opinion of, &c. and may pardon. 

— Treaty making power. — Nomination of 
certain officers. — When president may fiU 
vacancies. 

3. President shall communicate to congress. — 
He may convene and adjourn congress, iu 
case, &c.; shall receive ambassadors, exe- 
cute laws, and commission officers. 

4. All civil offices forfeited for certain crimes. 

ARTICLE III. 
Section 

1. Judicial power. — Tenure. — Compensation. 

2. Judicial power, to what cases it extends. — 
Original jurisdiction of supreme court. — 
Appellate. — Trial by jury, except, &c. — 
Trial, where. 

3. Treason defined. — Proof of. — Punish- 
ment of. 

ARTICLE IV. 

Section 

1. Credit to be given to public acts, &c. of 
every state. 

2. Privileges of citizens of each state. — Fugi- 
tives from justice to be delivered up. — Per- 
sons held to service, having escaped, to be 
delivered up. 

3. Admission of new states. — Power of con- 
gress over territory and other property. 

4. Republican form of government guarantied. 

— Each state to be protected. 

AlVriCLE V. 

Constitution, how amended. — Proviso. 
ARTICLE VL 

Certain debts, &c. adopted. — Supremacy of con- 
stitution, treaties and laws of the United States. 
— Oath to support constitution, by whom ta- 
ken. — No religious test. 

ARTICLE VII. 
"What ratification shall establish constitution. 

AMENDMENTS. 
Article 

1. Religions establishment prohibited.— Free- 
dom of speech, of the press, and right to 
petition. 

2. Riglit to keep and bear arms. 

3. No soldier to be quartered in any bouse, 
unless, &c. 

(1) 



CONSTITUTION OF THE UNITED STATES. 



Article of Amendment. 

4. Right of search aud seizure regfulated. 

5. Provisions concerning prosecutions, trials, 
and punishments. — Private property, not to 
be taken for public use, without, &c. 

6. l'\irther provisions respecting criminal 
prosecutions. 

7. Right of trial by jury secured. 



Article of- Amendment. 

8. Bail, fines, and punishments. 

9. Rule of construction. 

10. Same subject. 

11. Same subject. 

12. Mannerofchoosingpresidentand vice pres- 
ident. 



Preamble. WE the people of tlie United States, in order to form a more perfect 

iwiieaV^3(H union, establish justice, insure domestic tranquillit}^, provide for the 
4 Wheat. 316. common defence, promote the general welfare, and secure the blessings 

of liberty to ourselves and our ])ostenty, do ordain and establish this 

Constitution for the United States of America. 



9 Wheat. 1. 



Legislative 
p.>wer8, in 
whom vested. 



House of repre- 
H'-ntatlves, how 
ji'.ul by whom 
chosen. 



Qualifications 
ui a representa- 
tive. 



Kcpresenta- 
tives and direct 
tjixes, how ap- 
portioned. 



Censaa. 



Vacancies to be 
filled. 



Power of choos- 
ing officers, and 
of mipeach- 
ment. 

Senators, how 
and by whom 
chosen. 

Uow classified. 



State executive 
tn make tempo- 
rary appoint- 
ments, in case, 



ARTICLE I. 

Section 1. All legislative powers herein granted shall be vested in 
a congress of the United States, which shall consist of a senate and 
house of representatives. 

Sect. 2. The house of representatives shall be composed of members 
chosen every second year by the people of the several states, and the 
electors in each state shall have 'the quahfications requisite for electors 
of the most numerous branch of the state legislature. 

No person shall be a representative who shall not have attained to 
the age of twenty-five years, and been seven years a citizen of the 
United States, and who shall not, when elected, be an inhabitant of that 
state in which he shall be chosen. 

Rejiresentatives and direct taxes shall be apportioned among the 
several states which may be included within this Union, according to 
their resjiectivc numbers, which shall be determined by adding to the 
whole number of free persons, including those bound to senicc for a 
temi of years, and excluding Indians not taxed, three fifths of all other 
persons. The actual enumeration shall be made within three years 
after the first meeting of the congress of the United States, and within 
every subsequent term of ten years, in such manner as they shall by 
law direct. The number of representatives shall not exceed one for 
every thirty thousand, but each state shall have at least one representa- 
tive ; and until such enumeration shall be made, the state of New Hamp- 
shire shall be entitled to choose three, Massachusetts eight, Rhode Island 
and Providence Plantations one, Connecticut five. New York six, New 
Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia 
ten, Noith Carolina five. South Carolina five, and Georgia three. 

When vacancies happen in the representation from any state, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

The house of representatives shall choose their speaker and other 
officers ; and shall have the sole power of impeachment. 

Sect. 3. The senate of the United States shall be composed of two 
senators from each state, chosen by the legislature thereof, for six years; 
and each senator shall have one vote. 

Immediately after they shall be assembled in consequence of the first 
election, they shall be divided as equally as may be into three classes. 
The seats of the senators of the first class shall be vacated at the expi- 
ration of the second year, of the second class at the expiration of the 
fourth year, and of the third class at the expiration of the sixth year, 
so that one third maybe chosen every second year; and if vacancies 
happen by resignation, or otherwise, during the recess of the legislature 
of any state, the executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall then till such 
vacancies. 



CONSTITUTION OF THE DNITED STATES. 3 

No person shall be a senator who shall not have attained to the age Qualifications 
of thirty years, and been nine years a citizen of the United States, and "'" ^'-■"""■'■ 
who shall not, when elected, be an inhabitant of that state for which 
he shall be chosen. 

Tlie vice president of the United States shall be president of the President of the 
senate, but shall have no vote, unless they be equally divided. SToS.'''"'"'" 

The senate shall choose their other officers, and also a i)resident jyro President;)™ 
tempore, in the absence of the vice president, or when he shall e.\ercise oX-ers'ot^seu'^ 
the office of presiilent of the United States. ate,iiow eiiosen. 

The senate shall have the sole power to try all impeachments. When Power to try 
sitting for that purpose, they shall be on oath or affirmation. When ^'|;;i^"',"'™.'^t 
the president of the United States is tried, the chief justice shall pre- is tried'!'cUirf° 
side : and no person shall be convicted without the concurrence of two J^"^''"^ *° P"" 
thirds of the members present. 

Judgment in cases of impeachment shall not extend further than to Sentence, 
removal from office, and disqualification to hold and enjoy any office of 
honor, trust or profit under the United States : but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment 
and punisliment, according to law. 

Sect. 4. The times, ])laces and manner of holding elections for sen- Times, &c. of 
ators and representati\es, shall be prescribed in each state bj- the legis- uousTEo'w pi-c- 
lature thereof; but the congress may at any time by law make or alter scribed, 
such regulations, except as to the ])laces of choosing senators. isiii.'i;, §■>. ^^' 

The congress shall assemble at least once in every year, and such One session i;i 
meeting shall be on the first Monday in December, unless they shall by '^'"^'' ''^'""' 
law appoint a diffi'rent day. 

Sect. 5. Each house shall be the judge of the elections, returns and Membership, 
qualifications of its own members, and a majority of each sliall consti- 
tute a quorum to do business ; l)ut a smaller number may adjouiTi from Quorum, 
day to day, and may be authorized to comjiel the attendance of absent Adjournments, 
members, in such manner, and luider such penalties as each house may 
provide. 

Each house may determine the rules of its proceedings, and punish Rules. Power 
its members for disonlerly behavior, and, with the concurrence of two '"^p"^'*'> ""''■''- 
thirds, ex])el a member. 

Each house shall keep a journal of its proceedings, and from time to Journal, 
time publish the same, excepting such parts as may in their judgment 
require secrecy; and the yeas and nays of the members of either house 
on any question shall, at the desire of one fifth of those present, be en- 
tered on the journal. 

Neither house, during the session of congress, shall, without the con- Time of ad- 
sent of the other, adjourn for more than three days, nor to any other ited™Si'ie8s''Sc 
place than that in wliieh the two houses shall be sitting. 

Sect. 6. The senators and representatives shall receive a compen- Compensation, 
sation for their services, to be ascertained by law, and paiil out of the 
treasury of the United States. They shall in all cases, except treason. Privileges, 
felony and breach of the peace, be privileged from arrest during their 
attendance at the session of their respective houses, and in going to and 
returning from the same ; and for any speech or debate in either house, 
they shall not be questioned in any other jilace. 

No senator or representative shall, during the time for which he was pisquaUfieation 
elected, be appointed to any civil office under the authority of the '" «"tain cases. 
United States, which shall have been created, or the emoluments 
whereof shall have been increased during such time; and no person 
holding any office under the United States, shall be a member of either 
house during his continuance in office. 

Sect. 7. All bills for raising revenue shall originate in the house of House to origi- 
ref)resentatives ; l)ut the senate may propose or concur with amend- bills, 
ments as on other bills. 



CONSTITUTION OF THE UNITED STATES. 



Veto. 



Bill may be 
passed by two 
thirds of each 
bouse, notwitb- 
stauding, &c. 



Hill not return- 
id in ten days. 



Provision as to 
all orders, &c. 
except, &c. 



Powers of con- 
gress. 

5 Wheat. 317. 
12 Wheat. 419. 

9 Wheat. 1. 
12 Pet. 72. 
2 Wheat. 259. 



4 Wheat. 132. 
12 Wheat. 213. 



4 Gray, 559. 



5 Wheat. 153. 



5 Wheat. 1. 
12 Wheat. 19. 



1 Cranch. 137. 
9 Whoiit. 7.3S. 
12 Wheat. 136. 



Every bill which shall have passed the house of rejircsentatives and 
the senate, shall, before it become a law, be presented to the president 
of the United States ; if he approve he shall sign it, but if not he shall 
return it, with his objections to that house in which it shall have origi- 
nated, who shall enter the objections at large on their journal, and pro- 
ceed to reconsider it. If after such reconsideration two thirds of that 
house shall agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be reconsid- 
ered, and if approved by two thirds of that house, it shall become a 
law. But in all such cases the votes of both houses shall be detennined 
by yeas and n.ays, and the names of the persons voting for and against 
the bill shall be entered on the journal of each house res]iectively. If 
any bill shall not be returned by the president within ten days (Sundays 
excepted) after it sh.all have been presented to him, the same shall be a 
law, in like manner as if he had signed it, unless the congress by their 
adjournment prevent its return, in which case it shall not be a law. 

Every order, resolution, or vote to which the concurrence of the sen- 
ate and house of representatives may be necessary (except on a question 
of adjournment) shall be presented to the president of the United 
States ; and before the same shall take effect, shall be apjirovcd by him, 
or being disapjiroved by him, shall be re]iassed by two thirds of the 
senate and house of representatives, according to the rules and Umita- 
tions prescribed in the case of a bill. 

Sect. 8. The congress shall have power — To lay and collect taxes, 
duties, imjjosts and excises, to ]>ay the debts and provide for the com- 
mon defence and general welfare of the United States ; but all duties, 
imposts and excises shall be uniform throughout the United States ; — 
To borrow money on the credit of the United States ; — To regulate 
commerce with foreign nations, and among the several states, and with 
the Indian tribes; — To establish an uniform rule of naturalization, and 
uniform l.iws on the subject of bankruptcies throughout the United 
States; — To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures; — To provide 
for the ])unishment of counterfeiting the securities and current coin of 
the United States; — To establish post offices and j)ost roads; — To 
promote the progress of science and useful arts, by securing for limited 
times to authors and inventors the exclusive right to their resjiective 
writings and discoveries ; — To constitute tribunals inferior to the su- 
preme court; — To define and punish piracies and felonies committed 
on the high seas, and offences .against the law of nations; — To declare 
war, grant letters of marque and reprisal, and make rules concerning 
captures on land and w.ater; — To raise and support armies, but no 
appropriation of money to that use shall be for a longer term than two 
years; — To provide and maintain a navy; — To make rules for the 
government and regulation of the land and naval forces; — To provide 
for calling forth the militia to execute the laws of the union, suppress 
insurrections, and repel invasions; — To provide for organizing, arming, 
and discijilining, the militia, and for governing such jiart of them as 
may be cm|>loyed in the service of the United States, reserving to the 
states res])ectively, the appointment of the officers, and the authority of 
training the militia according to the diseijiline prescribed by congress; 
— To exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of particu- 
lar states, and the acceptance of congress, become the seat of the gov- 
ernment of the United States ; and to exercise like authority over all 
places purchased by the consent of the legislature of the state in which 
the same shall be, for the erection of forts, magazines, arsenals, dock 
yards, and other needful buildings; — And to make all laws which shall be 
necessary and proper for carrying into execution the foregoing powers, 



CONSTITUTION OF THE UNITED STATES. 5 

and all other powers vested by this constitution in the government of 
the United States, or in any department or officer thereof. 

Sect. 9. The mi^^ration or importation of such persons, as any of the Provision as to 
states now existing "sliall think proper to admit, shall not be prohibited "ujortatiou'^of 
by the congress ])rior to the year one thousand eight hundred and eight, certain persons, 
but a tax or duty may be imposed on such importation, not exceeding 
ten dollars ibr each person. 

The pi-ivilege of the writ of habeas corpus shall not be suspended, Habeas corpus. 
unless when in cases of rebellion or invasion the public safety may * Crancu, 75. 

require it. , , , , , Bills of attain 

No bill of attainder or ex post facto law shall be passed. der, &c. 

No cajjitation, or other direct, tax, shall be laid, unless in proportion ioHvheat^'2i3. 
to the census or enumeration herein before directed to be taken. Taxes, how ap- 

No tax or duty shall be laid on articles exported from any state. Koexportduty. 

No preference shall be given by any regulation of commerce or reve- No commercial 
nue to the ports of one state over those of another: nor shall vessels P^'^f'^reQces. 
bound to, or from, one state, be obliged to enter, clear, or pay duties in 
another. 

No money shall be drawn from the treasury, but in consequence of No monoy 
appropriations made by law ; and a regular statement and account of trcSury,"im- 
the receipts and expenditures of all public money shall be published less, &c. 
from time to time. 

No title of nobility shall be granted by the United States: and no No titular no- 
person holding any office of jjrofit or trust under them, shall, without officers, not to 
the consent of the consress, accept of any present, emolument, office, or receive pres- 

■ ■ - cuts lltllOHR A.f 

title, of any kind whatever, from any king, jirince, or foreign state. ' ' ' 

Sect. 10. No state shall enter into any treaty, alliance, or confeder- states prohibit- 
ation ; grant letters of marque and reprisal; coin money; emit bills of ereiseofcertaiu 
credit ; make any thing but gold and silver coin a tender in pa^nnent ?,"«''['':,- 4™ 
of debts; pass any bill of attainder, ex ^yost facto law, or law impairing sGray, 2y?. 
the obligation of contracts, or grant any title of nobility. No state 
shall, without the consent of the congress, lay any imposts or duties on 12 Wheat. 419. 
im])orts or exports, except what may be absolutely necessary for exe- 
cuting its inspection laws : and the net produce of all duties and im- 
posts, laid by any state on imports or exports, shall be for the use of 
the treasury of the United States ; and all such laws shall be sulyect to 
the revision and control of the congress. No state shall, without the 
consent of congress, lay any duty of tonnage, keep troojjs, or shijis of 
war in time of peace, enter into any agreement or compact with another 
state, or with a foreign power, or engage in war, unless actually invaded, 
or la such imminent danger as will not admit of delay. 

ARTICLE n. 

Sect. 1. The executive power shall be vested in a Presiilent of the President and 
United States of America. He shall hold his office during the term of '^^^It^'^os' 
four years, and, together with the vice president, chosen for the same office, 
term, be elected, as follows : 

Each state shall appoint, in such manner as the legislature thereof Electors of pre- 
may direct, a number of electors, equal to the whole number of senators presWent, num- 
and rejjresentatives to which the state may be entitled in the congress : ber, aud how 
But no senator or representative, or person holding an office of trust or 
profit under the United States, shall be appointed an elector. 

[The electors shall meet in their respective states, and vote by ballot for two persons, Amendment 
of whom one at least shall not be an inhabitant of the same state with themselves. ?^"'i' "ubsti- 
And they shall make a list of all the persons voted for, and of the number of votes for p^'iig^aph. 
each ; which list they shall sign and certify, and transmit sealed to the seat of the gov- 
ernment of the United States, directed to the president of the senate. The president 
of the senate shall, in the presence of the senate and house of representatives, open all 
the certificates, and the votes shall then be counted. The person having the greatest 
1* 



6 CONSTITUTION OF THE UNITED STATES. 

number of vote; sliall b? the president, if such number be a majority of the whole num- 
ber of electors appointed ; and if there be more than one who have such majority, and 
have an equal number of votes, then the house of representatives shall inmiediately 
choose by ballot one of them for president ; and if no person have a majority, then 
fi-om the five highest on the list the said house shall in like manner choose the presi- 
dent. But in choosing the president, the votes shall be taken by states, the represen- 
tation from each state having one vote ; a quorum for this purpose shall consist of a 
member or members from two thirds of the states, and a majority of all the states shall 
be necessary to a choice. In every case, after the choice of the president, the person 
having the greatest number of votes of the electors shall be the vice president. But 
if there should remain two or more who have equal votes, the senate shall choose from 
them by ballot the vice president.] 

Electors tovote The coiigress may determine the time of choosing the electors, and 
11° ™.'"statutes, ^^^'^ ^^y O" which they shall give tlieir votes ; which day shall be the 
1845, 1. same throughout the United States. 

Quaiiiications No person except a natural born citizen, or a citizen of the United 

oi president. States, at the time of the adoption of this constitution, shall be eligible 

to the office of president ; neither shall any person be eligible to that 

office who shall not have attained to the age of thirty-fi\e years, and 

been fourteen years a resident within the United States. 

Onwbomhis In case of the removal of the ])resident from office, or of his death, 

iu'caBeonlia're- I'^siguation, Or inability to discharge the jjowers and duties of the said 

moviii, death, office, the same shall devolve on the vice president, and the congress 

ij?'s. .statutes, >"'iy by law provide for the case of removal, death, resignation, or ina- 

1792, 8, §10. bility, both of the president and vice president, declaring what officer 

shall then act as president, and such officer shall act accordingly, until 

the disability be removed, or a president shall be elected. 

ProBiikut's The president shall, at stated times, receive for his services, a eom- 

conipensajwn. pensation, which shall neither be increased nor diminished during the 

i;93, 9. ' period for which he shall have been elected, and he shall not receive 

1 ■ . 7,§ i. ^yitiiin that period any other emolument from the United States, or any 

of them. 

Before he enter on the execution of his office, he shall take the fol- 
lowing oath or affirmation : — 
His oath. "I do solemnly swear (or affinn) th.at I will foithfully execute the 

office of president of the United States, and will to the best of my abil- 
ity, preserve, jirotect and defend the constitution of the United States." 
President to be Sect. 2. The president shall be commander in chief of the army 
ohfcf."""''" '° f'ncl navy of the United States, and of the militia of the several states, 
He m.iy rpqniro wlicn Called into the actual service of the United States ; he may require 
aud'may"p;ir-'^ ' ^^c Opinion, in Writing, of the princijial officer in eadi of the executive 
dou. departments, u]ion any subject relating to the duties of their respective 

offices, and he shall have power to grant reprieves and jiardons for 
offences against the United States, except in cases of impeachment. 
Trenty-makiii? He shall have power, by and vf'ith the advice and consent of the sen- 
?Cranch. 137. 'ite, to make treaties, provided two thirds of the senators i)rescnt concur ; 

2 Pet. L'rA and he shall nominate, and by and with the advice and consent of the 
13 Pet'. 4I5'. senate, shall appoint ambassadors, other public ministers and consuls, 

judges of the supreme court, and all other officers of the United States, 
whose appointments are not herein otherwise provided for, and which 
shall be established by law : but the congress may by law vest the ap- 
1 Pet 511. jiointment of such inferior officers, as they think proper, in the president 

13 Pet. MO. alone, in the courts of law, or in the heads of departments. 
When president The jjresidcnt shall have power to fill up all vacancies that may hap- 
may fiu vacan- ^^^^^ during the rcccss of the senate, by granting commissions which 

shall expire at the end of their next session. 
Tresidont Bimii Sect. 3. He shall from time to time give to the congress infonnation 
T.'^.^ail''"^^ ^ of the state of the Union, and recommend to their consideration such 

con^rLoB. 1111-1 1 T 1 

He may con- mcasurcs as he shall judge necessary and expedient ; he may, on extraor- 
Umrn'coii^'Tess binary occasions, convene both houses, or either of them, and in case of 
in case, &c. ' disagreement between them, with respect to the time of adjournment, 



Nomination of 
certain otficers. 



CONSTITUTION OF THE UNITED STATES. 7 

he may adjourn tliem to such time as he shall think proper; he shall -Shall receive 
receive ambassadors and other public ministers; he shall take care that ex'ecute'liiws,' 
the laws he I'aitht'ully executed, and shall commission all the officers of "'i;' '■»m""8«on 

Tx ■ T -. officers. 

the United htates. 

Sect. 4. The president, vice president, and all civil officers of the ah civil offices 
United States, shall be removed from office on impeachment for, and l.^'il^'irimes'] ''''''' 
conviction of, treason, briber)-, or other high crimes and misdemeauors. 

ARTICLE III. 

Sect. 1. The judicial power of the United States, shall be vested in Judicial power. 
one supreme court, and in sucli inferior courts as the congress may from 
time to time ordain and establish. The judges, both of the sujireme Tenure, 
and inferior courts, shall hold their offices during good behavior, and 
shall, at stated times, receive for their services, a compensation, which Compensation, 
shall not be diminished during their continuance in office. 

Sect. 2. The judicial power shall extend to all cases, in law and Judicial power, 
equity, arising under this constitution, the laws of the United States, extends. 
and treaties made, or which shall be made, under their authority; — to i cr,ll;ci,"'i.i- 
all cases affi'cting ambassadors, other public ministers, and consuls; — to ii w'heat. W. 
all cases of admiralty and maritime jurisdiction; — to controversies to }-/p*.i.*05^. 
which the United States shall be a party; — -to controversies between 5 Pet. i. 
two or more states; — between a state and citizens of another state; — ^^^e amen men 
between citizens of diffi^rent states, — between citizens of the same 
state claiming lands under grants of diffi>rent states, and between a 
state, or the citizens thereof, and foreign states, citizens or subjects. 

In all cases affecting ambassadors, other public ministers and consuls, Oriffinaljuris- 
and those in which a state sliall be a party, the supreme court sliall have prcwraurt! 
original jurisdiction. In all the other cases before mentioned, the su- Appellate. 
preme court shall have a]ipellate jurisdiction, Ijoth as to law and fact, { wueat'aot. 
with such exceptions, and under such regulations as the congress shall 
make. 

The trial of all crimes, except in cases of imjieachment, shall be by Trial by jury, 
jury; and such trial shall be held in the state where the said crimes m"^'**'?''' 
shall have been committed ; but when not committed within any state, 
the trial shall be at such place or places as the congress may by law 
liave directed. 

Sect. 3. Treason against the United States, shall consist only in lev- Treason de- 
ying war against them, or in adhering to their enemies, giving them aid f p^n. jr,. 
and comfort. No person shall be convicted of treason unless on tlie 2 Dnii. ms. 
testimony of two witnesses to the same overt act, or on confession in icrancii, 4ro. 
open court. 

The congress shall have power to declare the punishment of treason, Punishment of. 
but no attainder of treason shall work corruption of blood, or forfeiture 
except during the life of the person attainted. 

ARTICLE W. ST.'iro^''"" 

Sect. 1. Full faith and credit shall bo given in each state to the every state. 
public acts, records, and judicial proceedings of cveiy other state. And J.;,!^' ?','■'''""■''' 
the congress may by general laws jirescribe the manner in which such iwn.'sri.' 
acts, records and proceedings shall be proved, and the effect thereof. I ^ylU'^^fJo^l' 
Sect. 2. The citizens of each state shall be entitled to all privileges Priviies^es of 
and immunities of citizens in the several states. etons ofeach 

A person charged in any state with treason, felony, or other crime, 3'>."'''''2Zi' 
who shall flee from justice, and be found in another state, shall on de- ' ^' ' • 
mand of the executive authority of the state from which he fled, be de- jJi's^eeToteT- 
livered up, to be removed to the state having jurisdiction of the crime. Uvered up. 



CONSTITUTION OF THE UNITED STATES, 



PerRons held to 
service, having 
escaped, to be 
delivered up. 
U. S. Statutes, 
1793, 7. 
ISSO. 60. 
10 Pet. S-TO. 
Admission of 
new states. 

Power of con- 
gress over terri- 
tory and other 
property. 



Republican 
form of govern- 
ment guaran- 
teed. 

Each state to be 
protected. 



No person held to service or labor in one state, under the laws there- 
of, escaping into another, shall, in consequence of any law or regulation 
therein, be discharged Irom such service or labor, but shall be delivered 
up on claim of the party to whom such service or labor may be due. 

Sect. 3. New states may be admitted by the congress into this 
Union; but no new state shall be formed or erected within the jurisdic- 
tion of any other state ; nor any state be formed by the junction of two 
or more states, or parts of states, without the consent of the legislatures 
of the states concerned as well as of the congi'ess. 

The congress shall have power to dispose of and make all needful 
rules and regulations respecting the territory or other property belong- 
ing to the United States ; ami nothing m this constitution shall be so 
construed as to prejudice any claims of the United States, or of any 
particular state. 

Sect. 4. The United States shall guarantee to every state in this 
Union a republican form of government, and shall protect each of them 
against invasion, and on application of the legislature, or of the execu- 
tive (when the legislature cannot be convened) against domestic violence. 



Constitution, 
how amended. 



Proviso. 



ARTICLE V. 

The congress, whenever two thirds of both houses shall deem it 
necessary, shall propose amendments to this constitution, or, on the ap- 
plication of the legislatures of two thirds of the several states, shall call 
a convention for proposing amendments, which, in either case, shall be 
valid to all intents and purposes, as jiart of this constitution, when rati- 
fied by the legislatures of three fourths of the several states, or by con- 
ventions in three fourths thereof, as the one or the other mode ol' ratifi- 
cation may be proposed by the congress; provided that no amendment 
which may be made prior to the year one thousand eight hundred and 
eight shall in any manner affect the first and fourth clauses in the ninth 
section of the first article ; and that no state, without its consent, shall 
be deprived of its equal suffrage in the senate. 



ARTICLE VI. 

All debts contracted and engagements entered into, before the adop- 
tion of this constitution, shall be as valid against the United States 
under this constitution, as under the confederation. 

This constitution, and the laws of the United States which shall be 
made in pursuance thereof; and all treaties made, or Avhich sliall be 
made, under the authority of the United States, shall be the sujireme 
law of the land; and the judges in every state shall be bound thereby, 
any thing in the constitution or laws of any state to the contrary not- 
withstanding. 

The senators and representatives before mentioned, and the members 
of the several state legislatures, and all executive and judicial oflicers, 
both of the United States and of the several states, shall be liound by 
oath or affirmation, to support this constitution ; but no religious test 
shall ever be recjuired as a qualification to any oflice or public trust under 
the United States. 

ARTICLE VII. 

What ratifies- The ratification of the conventions of nine states, shall be sufficient 
ii"h constitu-*'^ for the establishment of this constitution between the states so ratifying 
tiou. the same. 



Certain debts, 
&c. adopted. 



Supremacy of 
constitution, 
treaties and 
laws of the U. 
States. 



Oath to support 
constitution, by 
whom taken. 



No religious 
test. 



CONSTITUTION OF THE UNITED STATES. y 

ARTICLES 

IN ADDITIOX TO, AND AMENDMENT OF, 

The constitution of the United States of America, proposed hy congress^ 
and ratified by the legislatures of the several states, pursuant to the 
fifth article of the original constitution. 

Article I. Congress shall make no law respecting an establisliment Religious cstab- 
of religion, or prohibiting the free exercise thereof; or abridging tlie free- h'iVited? ""^ 
dom of siieech, or of the iiress : or the rioht of the people iieaceably to I'lwdom of 
assemble, and to petition tlie government lor a redress oi grievances. pn-ss, ana rigiit 

Art. II. A well regulated militia, being necessary to the security of a l°i,'J}",t''fo'keep 
free state, the right of the peojjle to keep and bear arms, shall not be mS bear arms, 
infringed. 

Art. III. No soldier shall, in time of peace be quartered in any house. No soldier to be 
without the consent of the owner, nor in time of war, but in a luauner aiJy'u'crusel'im- 
to be prescribed by law. ifs's. &<=• 

Art. IV. The right of the people to be secure in their persons, houses, Right of search 
papers, and effects, against unreasonable searches and seizures, shall not uiated. ° 

be violated, and no warrants shall issue, but upon probable cause, sup- sCranch, 448. 
ported by oath or affirmation, and particularly describing the place to 
be searched, and the persons or things to be seized. 

Art. V. No person shall be held to answer for a capital, or otherwise Provisions con- 
infamous crime, unless on a presentment or indictment of a grand jury, c'utioaf, trials 
except in cases arising in the land or naval forces, or in the militia, when ■">'' punjsh- 
iii actual service in time of war or public danger; nor shall any person 
be subject for the same offence to be twice put in jeopardy of life or a Sumncr, 19. 
limb ; nor shall be comjiclled in any criminal case to be a witness against „ . . , 
himself, nor be dejirived of life, liberty, or property, without due [irocess ty, not to be 
of law: nor shall private property be taken lor public use, without just usp^ithout Ac" 
compensation. 7 I'et. 243. 

Art. VI. In all criminal prosecutions, the accused shall enjoy the right Furtbcr proyis- 
to a speedy and public trial, by an impartial jury of the state and dis- !■"",„ lifaipJoee^ 
triet wherein the crime shall have been committed, which district shall cutions. 
have been previously ascertained by law, and to be infoniied of the na- 
ture and cause of the accus.ation ; to be confronted with the witnesses 
against him; to have cominilsory process for obtaining witnesses in his 
favor, and to have the assistance of counsel for his defence. 

Art. VII. In suits at common law, where the value in controversy Right of trial by 
shall exceed twenty dollars, the right of trial by jury shall be preser\'ed, '^'fl^''^^"'^' 
and no fact tried by a jury shall be otherwise re-examined in any court s Gray, 144. 
of the United States, than according to the rules of the common law. 

Art. VIII. Excessive bail shall not be required, nor excessive fines Haii, fines, and 
imposed, nor cruel and unusual ]ninishments inflicted. 6 «rav™4™!^' 

Art. IX. The enumeration in the constitution, of certain rights, shall Rule 6/ con- 
not be construed to deny or disparage others retained by the people. struction. 

Art. X. The powers not delegated to the United States by the con- Same subject, 
stitution, nor prohibited by it to the states, are reserved to the states ^Gray, 208. 
re.spectively, or to the people. 

Art. XI. The judicial power of the United States shall not be eon- Same subject, 
strued to extend to any suit in law or equity, commenced or prosecuted ^UaU. 3<8. 
against one of the United States by citizens of another state, or by 
citizens or subjects of any foreign state. 

Art. XII. The electors shall meet in their respective states, and vote Manner of 
by ballot for president and vice president, one of whom, at least, shall not d','.nt'an(I vice"''" 
be an inhabitant of the same state with themselves; they shall name in president. 
their ballots the person voted for as president, and in distinct ballots 
the person voted for as vice president, and they shall make distinct lists 
of all persons voted for as president, and of all persons voted for as vice 



10 



CONSTITUTION OF THE UNITED STATES. 



Maimer of 
choosiu^ presi- 
dent aua vice 
president. 



Same subject. 



Same subject. 



president, and of the number of votes for each, which lists they shall 
sign and certify, and transmit sealed to the seat of the government of 
the United States, directed to the president of the senate ; — the presi- 
dent of the senate shall, in presence of the senate and house of repre- 
sentatives, open all the certificates and the votes shall then be counted ; 
— the person having the greatest number of votes for president, shall 
be the president, if such number be a majority of the whole number of 
electors appointed ; and if no ])erson have such majority, then from the 
persons having the highest numbers not exceeding three on the list of 
those voted for as president, the house of representatives shall choose 
immediately, by ballot, the president. But in choosing the president, 
the votes shall be taken by states, the representation from each state 
having one vote ; a quorum for this purpose shall consist of a member 
or members from two thirds of the states, and a majority of all the 
states shall be necessary to a choice. And if the house of representa- 
tives shall not choose a president whenever the right of choice shall 
devolve upon them, before the fourth day of March next following, then 
the vice president shall act as ]>resident, as in the case of the death or 
other constitutional disability of the president. 

The person having the greatest number of votes as vice president, 
shall be the vice president, if such number be a majority of the whole 
number of electors ap]3ointed, and if no person have a majoi-ity, then 
from the two highest numbers on the list, the senate .shall choose the 
vice president ; a quorum for the purpose shall consist of two thirds of 
the whole number of senators, and a majority of the whole number shall 
be necessary to a choice. 

But no person constitutionally ineligible to the office of president 
shall be eligible to that of vice president of the United States. 



[Note. The constitution was adopted irth September, 1787, by the unanimous consent of tlie 
states present in the convention appointed iu pursuance of tlie resolution of tlie cong^ress of the 
confederation, of the 21st February, 1787, and was ratified by the conventions of the several states, 
as follows, viz. : By convention of Delaware, 7th December, 1787 ; Pennsylvania, 12t!i December, 
1787 ; New Jersey, ISth December, 1787 ; Georgia, 2d January, 1788 ; Connecticut, ittli January, 
1788 i Massachusetts, 6th February, 1788 ; Maryland, 2Sth April, 1788 ; South Carolina, 2.3d May, 
1788; New Hampshire, 21st June, 1788 ; Virginia, 2(lth June, 1788 ; New Yorli, aoth July, 1788 ; 
North Carolina, 2l8t November, 1789 ; Rhode Island, 29th May, 1790. 

The first ten of the amendments were proposed at the first session of the first congress of the 
United States, 2oth September, 1789, and were finally r.ltifled by the constitutional number of st.ates 
on the loth day of December, 1791. Tlic eleventh amendment was proposed at tlie first session 
of the third congress, 5th March, 17M, and was declared in a message from tlie President of the 
United States to both houses of congress, dated 8th January, 1798, to have been adopted by the 
constitutional number of states. The twelfth amendment was proposed at the first session of the 
eighth congress, 12th December, 1803, and was adopted by the eonstitution.nl number of states in 
18(M, according to a public notice thereof by the secretary of state, dated 2jth September of the 
same year.] 



A 



CONSTITUTION 



oil 



FORM OF GOYERNMENT 



FOE THE 



Coiniiiontocaltl 0f ISassacjjusctts. 



PREAMBLE. 

Objects of {;:ovcrnmcut. — Body politic, how 
formed. — Its nature. 



PART THE FIRST. 
Article 

1. Equality and natural rights of all men. 

2. Right and duty of public religious worship. 
— Protection therein. 

3* Legislature empowered to compel provision 
for public worship ; and to enjoin attendance 
thereon. — Exclusive right of electing reli- 
gious teachers secured.— Option, as to whom 
parochial taxes maybe paid, unless, &c. — 
All denominations equally protected. — Sub- 
ordination of one sect to another, prohibited. 

4. Right of self-government secured. 

5. Accountability of all officers, &c. 

6. Services rendered to the public being the 
only title to peculiar privileges, hereditary 
offices arc absurd and unnatural. 

7. Objects of government j right of people to 
institute and change it. 

8. Right of people to secure rotation in office. 

9. All, having the qualifications prescribed, 
equally eligible to office. 

10. Right of protection and duty of contribu- 
tion, correlative. — Taxation, founded on con- 
sent. — Private property not to be taken for 
public uses, witliout, &c. 

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

12. Prosecutions regulated. — Right to trial by 
jury in criminal cases, except, &c. 

13. Crimes to be proved in the vicinity. 

14. Right of search and seizure, regulated. 

15. Right to trial by jury sacred, except, &c. 

16. Liberty of the press. 

17. Right to keep and bear arms. — Standing 
armies dangerous. — 3Iilitary power, subor- 
dinate to civil. 

18. Moral qualifications for office. — Sloral ob- 
ligations of lawgivers and magistrates. 



Articlr 
I'J. Right of people to instruct representatives 
and petition legislature. 

20. Power to suspend the laws, or their exe- 
cution. 

21. Freedom of debate, &c., and reason thereof. 

22. Frequent sessions, and objects thereof. 
2.3. Taxation founded on consent. 

24. E.V poftt/arto laws, prohibited. 

25. Legislature not to convict of treason, Ac. 
20. Excessive bail or fines, and cruel punish- 
ments, prohibited. 

27. No soldier to be quartered in any house, 
unless, &c. 

28. Citizens exempt from law martial, un- 
less, &c. 

29. Judges of supreme judicial court. — Ten- 
ure of their office. — Salaries. 

30. Separation of executive, judicial, and legis- 
lative departuieuts. 



PART THE SECOXD. 

FRAME OF GOVERNMENT. 
Title of body politic. 

CHAPTER L 

Section I. 
Article 

1. Legislative department. 

2. Governor's veto. — liill may be passed by 
two thirds of each house, notwithstanding. 

3. General court may constitute judicatories, 
courts of record, &c. — Courts, &c., may 
administer oaths. 

4. General court may enact laws, &c., not re- 
pugnant to the constitutiou ; may provide 
for the election or appointment of officers ; 
prescribe their duties ; impose taxes, du- 
ties and excises, to be disposed of for de- 
fence, protection, &c. — Valuation of estates, 
once in ten years, at least, while, &c. 



(11) 



12 



CONSTITUTION OF MASSACHUSETTS. 



Section 2. 

Article 

1. Senate, number of, and by whom elected. 
— Counties to be districts, until, &c. 

2. Manner and time of choosing senators and 
councillors. — Word "inhabitant," defined. 

— Selectmen to preside at town meetings. — 
Return of votes. — Inhabitants of unincorpo- 
rated plantations, who pay state taxes, may 
vote. — Plantation meetings. — Assessors to 
notify, &c. 

3. Governor and council to examine and count 
votes and issue summonses. 

4. Senate to be fniiil judges of elections, &c., of 
its own members. — Vacancies, how filled. 

5. Qualifications of a senator. 

6. Senate not to adjourn more than two days. 

7. shall choose its officers and establish its 
rules. 

8. shall try all ImpeachmentB Oaths. — 

Limitation of sentence. 

9. quorum. 

Section 3. 
Article 

1. Uepresentation of the people. 

2. Kepresentatives, by whom chosen. — Pro- 
viso as to towns having less than 150 rata- 
ble polls. — Towns liable to fine, in case, &c. 

— Expense of travelling to and from the 
general court, how paid. 

3. Qualifications of a representative. 

4. Qualifications of a voter. 

5- Representatives, when chosen. 

6. House alone can impeach. 

7. House to originate all money bills. 

8. Not to adjourn more than two days. 

9. Quorum. 

10. House to judge of returns, &c., of its own 
members ; to choose its officers and estab- 
lish its rules, &c. — May punish for certain 
ofTences. — Privileges of members. 

11. Goveraor and council may punish. — Gen- 
eral limitations. — Trial may be by commit- 
tee, or otherwise. 

CHAPTER n. 

Section 1. 
Article 

1. Governor. — His title. 

2. ■ to be chosen annually. — Qualifications. 

3. to be chosen by the people, by a majority 
of votes. — How chosen, when no person 
has a majority. 

4. Power of governor, and of governor and 
council. 

5. Same subject, 

G. Governor and council may adjourn general 
court, in cases, &c., but not exceeding ninety 
days. 

7. Governor to be conunander-in-chief. — Lim- 
itation. 

8. Governor and council may pardon offences, 
except, &c. — But not before conviction. 

9. All judicial officers, &c., how nominated 
and appointed. 

10. Militia officers, how elected. — How com- 
missioned. — !Major generals, how appointed 
and commissioned.— Vacancies, how filled, 
in case, &c. — Officers, duly commissioned, 
how removed. — Adjutants, Ac, how ap- 
pointed. — Organization of militia. 

11. Money, how drawn from the treasury, ex- 
cept, &c. 

12. All public boards, Ac, to make quarterly 
returns. 

13. Salary of governor. — Salaries of justices of 



Article 

supreme judicial court. — Salaries to be en- 
larged, if insufficient. 

Section 2. 
Article 

1. Lieutenant governor; his title and qualifi- 
cations. — How chosen. 

2. President of council.— Lieutenant gover- 
nor a member of, except, »tc. 

3. Lieutenant governor to be acting governor, 
in case, &c. 

Section 3. 
Article 

1. Council. 

2. Number; from whom and how chosen. — 
If senators become councillors their seats 
to be vacated. 

3. Rank of councillors. 

4. No district to have more than two. 

5. Register of council. 

6. Council to exercise the power of governor, 
in case, &c. 

7. Elections may be adjourned, until, &c. — 
Order thereof. 

Section 4. 
Article 

1. Secretary, &c., by whom and how chosen. 
— Treasurer, ineligible for more than five 
successive years. 

2. Secretary to keep records, to attend the 
governor and council, &c. 

CHAPTER TIL 

Article 

1. Tenure of all commissioned officers to be 
expressed. — Judicial officors, to hold office 
during good behavior, except, &c. — But 
may be removed on address. 

2. Justices of supreme judicial court to give 
opinions, when required. 

3. Justicesof the peace ; tenure of their office. 

4. Provisions for holding probate courts. 

6. Provisions for determining causes of mar- 
riage, divorce, &c. 

CHAPTER IV. 
Delegates to congress. 

CHAPTER V. 

Section l. 
Article 

1. Harvard college. — Powers, privileges, tfec, 
of the president and fellows, confirmed. 

2. All gifts, grants, &c., confirmed. 

3. Who shall be overseers. — Power of altera- 
tion reserved to the legislature. 

Section 2. 

Duty of legislators and magistrates in all 
future periods. 

CHAPTER VI. 
Article 

1. Oaths of allegiance and office, A-c. 

2. Plurality of offices, prohil)ited to governor, 
Ac, except, Ac. — Incompatible offices. — 
Bribery, Ac, disqualify. 

3. Value of money ascertained. — Property 
qualifications may be increased. 

4. Provisions respecting commissions. 

5. Provisions respecting writs. 

0. Continuation of former laws, except, &c. 

7. Benefit of habeas corpus secured except, &o. 

8. The enacting style. 

9. Officers of former government continued 
until, Ac. 



CONSTITUTION OP MASSACHUSETTS. 



13 



Article 

10. Provision for revising constitution. 

11. Provision for preserving and publislung 
this constitution. 

AMEXDMENTS. 
Article 

1. Bill, &c., not approved ^vithin five days, not 
to become a law, if legislature adjourn in the 
mean time. 

2. Gent'nil court empowered to charter cities. 
— Proviso. 

3. Qualitiwitions of voters for governor, lieu- 
tenant governor, senators and representa- 
tives. 

4. Notaries public, how appointed and re- 
moved. — Vacancies in the office of secrptary 
and treasurer, liow filled, in case, &c. — Com- 
missary general may be appointed, in case, 
&c. — Militia officers, how removed. 

5. "Who may vote for captains and subalterns. 
0. Oath to be taken by all officers ; or affirma- 
tion in c^ise, A-o. 

7. Tests abolished. 

8. Incompatibility of offices. 

9. Amendments to constitution, how made. 

10. Commencement of political year ; and ter- 
mination. — Meetings for choice of governor, 
lieutenant governor, &c., when to be held. — 
May be adjourned. — Article, when to go 
into operation. — Inconsistent provisions, 
annulled. 

11. Religious freedom established. 

12. Census of ratable polls. — Representatives, 
how apportioned. 

13. Census of inhabitants. — Senatorial dis- 



Article 

tricts. — Apportionment of representatives 
and councillors. — Freehold as a qualittca- 
tion for a seat in general court or council 
not required. 
H. Election by people to be by plurality. 

15. Time of annual election of governor and 
legislature. 

16. Eight councillors, how chosen. — State to 
be (Ustricted. — Day and luauner of election. 

— Vacancies, how filled. — Organization of 
government. 

17. Election of secretary, treasurer, auditor, 
and attorney general by the people. — Varan 
cies, how tilled. — To qualify within ten 
days. — Qualilieations. 

18. School money not to be applied for sectai-ian 
schools. 

19. Legislature to prescribe for election of 
sherifTs, registers of probate, &c., by the 
people. 

20. Reading constitution in English and writ- 
ing, necessary qualifications of voters. — 
Proviso. 

21. Census of voters and inhabitants. — House 
of representatives to consist of 240 members. 

— Legislature to apportion, &c. — Qualifica- 
tions of representatives, and number for 
quorum. 

22. Census of voters and inhabitants. — Senate 
to consist of 40 members. — Senatorial dis- 
tricts. — Qualifications of senators, and num- 
ber for quorum. 

23. Residence of two years required of natural- 
ized citizens- to entitle to 8ufi"rage, or make 
eligible to office. 



PREAMBLE. 



The end of the institution, maintenance and administration of gov- objects of goT- 
emment, is to secure the existence of the body politic, to protect it, <^'">i™«°'- 
and to furnish the individuals who compose it, with the power of enjoy- 
ing in safety and tranquillity, their natural rights, and the blessings of 
life : and whenever these great objects are not obtained, the ])eo]>le have 
a right to alter the government, and to take measures necessary for their 
safety, prosperity and happiness. 

The body politic is formed by a voluntary association of individuals: Body politic, 
it is a social compact, by which the whole ])eo])le covenants with each i°B'^°™e'!^ 
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 provide for an 
equitable mode of making laws, as well as for an imjiartial intei-preta- 
tion, and a faithful execution of them; that every man may, at all times, 
find his security in them. 

We, therefore, the people of Massachusetts, acknowledging, with 
gi-ateful hearts, the goodness of the great Legislator of the universe, in 
aflbrding us, in the course of his providence, an o]iportunity, deliberately 
and peacealjly, without fraud, violence or suqirise, 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 agi-ee 
\^on, ordain and establish, the following Decha-ation of Jiights, and 
p'rame of Government, as the Constitution of the Co3iiioNWEAi,TH 
OP Massachusetts. 



14 



CONSTITUTION OF MASSACHUSETTS. 



PART THE FIRST. 

A Declaration of the Itights of the Inhabitants of the Commonwealth 

of Massachusetts. 



E<iuality and 
natural rijjiits 
of all lufu. 



Right and duty 

01 iiublic reli- 
gious worship. 
Protection 
therein. 

2 Gush. lot. 



Amendment, 
Art. XI. substi- 
tuted for this. 

Legrislatiire cm- 
powi-red to 
compel provis- 
ion for public 
worship ; 



and to ciyoin at- 
tendance there- 



Exclusive ri2:ht 
of electing: reli- 
gious teachers 
secured. 

Option as to 
wliom parochial 
taxes may be 
paid, unless, &c. 



All denomina- 
tions equally 
protected. 
Subordhi.ition 
of one sect to 
another prohib- 
ited. 

Kight of self- 
government se- 
cured. 



Accounttibility 
of all officers, 
&c. 



.Services render- 
ed to the public 
being the only 
title to peculiar 
privileges, he- 
reditary offices 
arc absurd and 
anuatural. 



Art. I. All men ,ire born free and equal, and have certain natural, 
essential, and unalienable rights; among \vhich maybe reckoned the 
right of enjoying and defending their lives and liberties ; that of acquir- 
ing, possessing, and protecting ])roperty ; in fine, that of seeking and 
obtaining their safety and happiness. 

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

[in. 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 wor- 
ship of God, and of public instructions in piety, religion and morality : Therefore, to 
promote their happiness and to secure the good order and preservation of their gov- 
ernment, the people of this commonwealth have a right to invest their legislature with 
power to authorize and require, and the legislature shall, from time to time, authorize 
and require, the several towns, parishes, precincts, and other bodies politic, or religious 
societies, to make suitable provision at their own expense, for the institution of the 
public worship of God, and for the support and maintenance of public protestant 
teachers of piety, religion and morality, in all cases where such provision shall not be 
made voluntarily. 

And the people of this commonwealth have also a right to, and do, invest their legis- 
lature with authority to enjoin upon all the subjects an attendance upon the instruc- 
tions of the public teachers aforesaid, at stated times and seasons, if there be any on 
whose instructions they can conscientiously and conveniently attend. 

Provided notwithstanding, that the several towns, parishes, precincts, and other 
bodies politic, or religious societies, shall, at all times, have the exclusive right of elect- 
ing theix public teachers, and of contracting with them for their support and mainte- 
nance. 

And all moneys, paid by the subject to the support of public worship, and of the 
public teachers aforesaid, shall, if he require it, be uniformly applied to the support of 
the public teacher or teachers of his own religious sect or denomination, provided there 
be any on whose instructions he attends ; otherwise it may be paid towards the support 
of the teacher or teachers of the parish or precinct in which the said moneys are raised. 

And every denomination of christians, demeaning themselves peaceably, and as good 
subjects 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.] 

IV. The people of this commonwealth have the sole and exclusive 
right of governing themselves, as a free, sovereign and independent 
state; and do, and forever hereafter shall, exercise and enjoy every 
power, jurisdiction, 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 peojile, and being derived 
fi-om them, the several magistrates and officers of government, vested 
with authority, whether legislative, executive, or judicial, are their sub-, 
stitutes and agents, and are at all times accountable to them. 

VI. No man, nor corporation, or association of men, have any other 
title to olitaiu advantages, or particular and exclusive privileges, distinct 
from those of the coinmunity, than what arises from the consideration 
of services rendered to the public ; and this title being in nature neither 
hereditary, nor transmissible to children, or descendants, or relations by 



CONSTITUTION OP MASSACHUSETTS. 15 

blooil, 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 pro- objects of gov- 
tection, safety, prosperity and happiness of the people ; and not for the ""'"opie t"m" 
profit, honor, or private interest of any one man, tiimily or class of men : '*,|'*"J^ "'"' 
Therefore the people alone have an incontestable, unalienable, and iude- ° 
feasible right to institute government; and to reform, alter, or totally 

change the same, when their protection, safety, prosperity and happiness 
require it. 

VIII. In order to pi-event those, who are vested with authority, from Rifjiit of people 
becoming ojjpressors, the peo])le have a right, at such periods and in uou iii'offi«>.'' 
such manner as they shall establish by their frame of government, to 

cause their public officers to return to private life ; and to fill up vacant 
places by certain and regular elections and appointments. 

IX. All elections ought to be free; and all the inhabitants of this All, having the 
commonwealth, having such qualifications as they shall establish by pregJrib'd""* 
their frame of n;i^>venmient, have an equal right to elect officers, and to eqmaiy eligible 

■ I. <-> ' fQ office* 

be elected, for public employments. 

X. Each individual of the society has a right to be protected by it Rigbtofprotcc- 
in the enjoyment of his life, liberty ami jiroperty, according to standing eoi'itraiutiou^"'' 
laws. He is obliged, consequently, to contribute his share to the expense eorreiutive. 

of this protection; to give his personal service, or an equivalent, when eii on conseut! 
necessary: but no part of the property of any individual, can, with ipS^!^'*]^" 
justice, be taken from him, or applied to public uses, without his own w Pick. i,vJ,4g;. 
consent, or that of the rejiresentative body of the people. In fine, the 3$ {^Jk! sgo. 
peojile of this commonwealth ai-e not controllable by any other laws i <^™y> <^^- 
than those to which tlieir constitutional representative body have given pri'au! pioper- 
their consent. And wlienever the public exigencies re((uire, that the ty not to bo tu- 
proj^erty of any individual should be ajjpropriated to public uses, he uBeB'witbont!' 
shall receive a reasonable compensation therefor. *<=• 

XI. Every subject of the commonwealth ought to find a certain Remedies by re- 
remedy, by having recourse to the laws, for all injuries or wi-ongs which faw^to be'free, 
he may receive in his jjerson, jiroperty, or character. He ought to obtain complete and 
right and justice freel)', and without being obliged to purchase it ; com- 
pletely, and without any denial ; promptly, and without delay ; con- 
formably to the laws. 

XII. Xo suljjeet shall be held to answer for any crimes or offence, Prosecutions 
until the same is fully and plainly, substantially and formally, described Ji''Fu;k'?ii. 
to him ; or be compelled to accuse, or furnish evidence against himself. .'" '^>;j^- V- 
And every subject shall have a right to produce all proofs, that may be •] Met. aju." 
favorable to liim ; to meet the witnesses against him face to face, and to \ '^l'^'.' }y(, 
be fully heard in his defence by himself, or his counsel, at his election. 

And no subject shall be arrested, imprisoned, despoiled, or deprived of 
his pro])erty, immunities, or privileges, put out of the protection of the 
law, exiled, or deprived of his life, liberty, or estate, but by the judgment 
of his peers, or the law of the land. 

And the legislature shall not make any law, that shall subject any Right to trial 
person to a capital or infamous punishment, excei)ting for the govern- hKircase", e™" 
ment of the anny and navy, without trial by jury. '='-'1^, &c. 

XIII. In criminal prosecutions, the verification of facts in the vicinity Crimes to be 
where they hapjien, is one of the greatest securities of the life, liberty, [^'illly'"'"*''^^''" 
and ]iroperty of the citizen. 

XIV. Every subject has a right to be secure' from all unreasonable Risht of se.ircii 
searches, and seizures, of his ]ierson, his houses, his papers, and all his "I'ltedl^"'^'^ ^''"' 
possessions. All warrants, therefore, arc contrary to this right, if the ('o"st- U- S-. 
cause or foundation of them be not previously supported by oath or aI". iv'"™ ''' 
affirmation, and if the order in the warrant to a civil officer, to make r ^^*; ■'••?■ 

, . ^ , , , , ' .1 fusil. .%9. 

searcli m suspected places, or to arrest one or more suspected persons, 1 Gray, 1. 
or to seize their property, be not accompanied with a special designation 



16 



CONSTITUTION OF MASSACHUSETTS. 



Ripfht to trial 
by jury sacred, 
fxniit, &c. 
Const, of U. S., 
Aiuond't VII. 
2 I'ifk. 382. 

r rick, aiiii. 

5 Gray, 144. 

Liberty of the 
press. 

Ri^ht to keep 
ana bear anus. 
Stiindini,^ armies 
diUi;,'-crons. :SU\- 
itary [inwi-r 
subordiuate to 
civil. 

5 Gray, 121. 
Moral qualifica- 
tions for office. 



Moral obliga- 
tions of lawfjiv- 
ers aud inujjia- 
trates. 

Rig:ht of people 
to instruct rep- 
resentatives 
and petition le- 
gislature. 



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



Freedom of de- 
bate, &c., and 
reason tliereof. 



Frequent ses- 
sions, and ob- 
jects thereof 



Taxation found- 
ed on consent. 



Ex poftt facto 
laws prohibited. 



Legislature not 
to convict of 
treason, Ac. 
Excessive bail 
or fines, and 
cruel puuisli- 
meuts prohibit- 
ed. 

5 Gray, 482. 
Ko soldier to be 
quartered in any 
house, unless, 
&e. 

Citizens exempt 
from law-mar- 
tial, unless, ito. 



of the persons or objects of search, arrest, or seizure : and no warrant 
ought to be issued but in cases, aud with the formalities prescribed by 
the htws. 

XV. In all controversies concerning property', and in all suits 
between two or more persons, except in cases in which it has heretofore 
been otherways used and i)ractised, the parties have a right to a trial 
by jury; and this method of procedure shall be held sacred, unless, in 
causes arising on the high seas, and such as relate to mariners' wages, 
the legislature shall hereafter find it necessary to alter it. 

XVI. The liberty of the ])ress is essential to the security 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 
subordination 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, mod- 
eration, temperance, industry, 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 attention to all 
those principles, in the choice of their officers aud representatives: and 
they have a right to require of their lawgi^'ers and magistrates, an exact 
and constant observance of them, in the Ibrmation and execution of the 
laws necessary for the good administration of the commonwealth. 

XIX. The people have a right, in an orderly and peaceable manner, 
to assemble to consult upon the common good : give instructions to their 
rejiresentatives, 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 execution of the 
laws, ought never to be exercised but by the legislature, or by authority 
derived from it, to be exercised in such particular cases only as the 
legislature shall exj^ressly jirovide 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 
cgm]ilaint, 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 recjuire. 

XXIII. No subsidy, charge, tax, impost, or duties, ought to bo estab- 
lished, fixed, laid, or levied, under any pretext whatsoever, without the 
consent of the peojjle or their representatives in the legislature. 

XXIV. Laws made to ])unish for actions done before the existence 
of such laws, and which have not been declared crimes by preceding 
laws, are unjust, oppressive, and inconsistent with the fundamental prin- 
ciples of a free government. 

XXV. No subject ought, in any case, or in any time, to be declared 
guilty of treason or felony by the legislature. 

XXVI. No magistrate or court of law, shall demand excessive bail or 
sureties, impose excessive fines, or inflict cruel or unusual punishments. 

XXVII. In time of peace, no soldier ought to be quartered in any 
house without the consent of the owner; and in time of war, such 
quarters ought not to be made but by the civil magistrate, in a manner 
ordained by the legislature. 

XXVIII. No jierson can in any case be subjected to law-martial, or 
to any penalties or pains, by virtue of that law, except those em])loyed 
in the army or navy, and except the militia La actual service, but by 
authority of the legislature. 



CONSTITDTION OF MASSACHUSETTS. 17 

XXIX. It is essenti.il to the preservation of the rights of every Judges of sn- 
iiuli^-idual, his life, liberty, property and character, that there be aii ^ou™?^"'"'"*' 
impartial interpretation of the laws, and administration of justice. It 

is the right of every citizen to be tried by judges as fi-ee, impartial and 

independent as the lot of humanity will admit. It is, therefore, not Tenure of their 

only the best policy, but for the security of the rights of the i)eople, °®'''^'' 

and of every citizen, that the judges of the supreme judicial court should 

hold their "offices as long as they behave themselves well ; and tliat 

thev should have honorable salaries ascertained and estabhshed by salaries. 

standing laws. 

XXX. In the government of this commonwealth, the legislative Separation of 
department shall never exercise the executive and judicial powers, or *S°and'ieg'if!" 
either of them : the executive shall never exercise the legislative and lative depart- 
judieial powers, or either of them : the judicial shall never exercise the "cush. 5??. 
leirislative and executive powers, or either of them: to the end it may 

be a government of laws and not of men. 



PAET THE SECOND. 

The Frame of Government. 

The people, inhabiting the ten-itory formerly called the Province of Title of body 
Massachusetts Bay, do hereby solemnly and mutually agree with each p*>''"<^- 
other, to form themselves into a free, sovereign, and independent body 
politic, or state, by the name of The Coiimonweai.th of ]\Iassachu- 

SETTS. 

CHAPTER I. 

THE LEGISLATIVE POWER. , 

Section I. The Oeneral Court. 

Art. I. The department of legislation shall be formed by two Legislative de- 
branches, a Senate and House of Representatives ; each of which shall P'"''™'^"'- 
have a negative on the other. 

The legislative body shall assemble every year on the last Wednesday in See amend- 
May, and at such other times as they shall judge necessary ; and shall dis- '"™'^' ^'^- ^• 
solve and be dissolved on the day next preceding the said last Wednesday 
in May ; and shall be styled, The General Court of Massachusetts. 

II. No bill or resolve of the senate or house of representatives shall Governor's ve- 
become a law, and have force as such, until it shall have been laid before ***■ 
the governor for his rcvisal ; and if he, upon such revision, aj>])rove 
thereof he shall signify his approbation by signing the same. But if he 
have any objection to the passing of such bill or resolve, he shall return 
the same, together with his objections thereto, in writintr, to the senate 
or house of representatives, in whichsoever the same shall h.ave origin- 
ated ; who shall enter the objections sent down by the governor, at large, 
on their records, and proceed to reconsider the said bill or resolve. But 
if after such reconsideration, two-thirds of the said senate or house Bill may be 
of representatives, shall, notwithstanding the said objections, agree to {'hfrd's^oYearh &|, . 

pass the same, it shall, together with tlie objections, be sent to tlie other house, notwith- ?«« 
branch of the legislature, where it shall also be reconsidered, and if ^'*°'''°°- 'H. 

approved by two-thirds of the members present, shall have the force of f-y , 

a law : but in all such cases, the votes of both houses shall be deter- V \ 

mined 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 w i 

of the commonwealth. 
2» 3 



18 



CONSTITUTION OP MASSACHUSETTS. 



See amend- 
ments. Art. T. 
3 Mass. uOr. 



Goneritl court 
may eoustitute 
judieiituries, 
courts of rec- 
ord, &c. 



Courts, &c., 
may aclmitiister 
outUa. 



General court 
may enact laws, 
&e., 



not repugnant 
to the constitu- 
tion ; 



may provide for 
the election Or 
appointment of 
officers ; 



prescribe their 
duties ; 



impose taxes, 



duties and ex- 
cises, 



to be disposed 
of lor delence, 
protection, &c. 



Valuation of es- 
tates once in ten 
years, at least, 
while, &c. 



And in order to prevent unnecessary delays, if any bill or resolve 
sIklII not be returned by tbe o'overnor witliin five days after it shall have 
been presented, the same shall have the force of a law. 

III. The general covirt shall forever have fiill power and authority 
to erect and constitute judicatories and courts of record, or other courts, 
to be held in the name of the commonwealth, for the hearintr, trying, 
and determining of all manner of crimes, offences, pleas, jM'ocesses, 
plaints, actions, matters, causes and things, whatsoever, arising or hap- 
pening within the commonwealth, or between or concerning persons 
inhabiting, or residing, or brought within the same : whether the same 
be criminal or civil, or whether the said crimes be capital or not cajntal, 
and whether the said jileas be real, jiersonal, or mixed ;" and for the 
awarding and making out of execution thereupon. To which courts and 
judicatories are hereby given and granted full power and authority, from 
time to time, to administer oaths or affirmations, for the better discovery 
of truth in any matter in controversy or depending before them. 

IV. And further, full power and authority are hereby given and 
granted to the said general court, from time to time to make, ordain, 
and establish, all manner of wholesome and reasonable orders, laws, 
statutes, and ordinances, directions and instructions, either with penal- 
ties or without ; so as the same be not repugnant or contrary to this 
constitution, as they shall judge to be for the good and welfore of this 
commonwealth, and for the government and ordering thereof, and of 
the subjects of the same, and for the necessary support and defence of 
the government thereof; and to name and settle annuall)', or ]>rovide 
by fixed laws, for the naming and settling all civil officers within the 
said commonwealth ; the election and constitution of whom are not 
hereafter in this form of government otherwise provided for ; and to set 
forth the several duties, powers and limits, of the several civil and mili- 
tary officers of this commonwealth, and the forms of such oaths or 
affirmations as shall be respectively administered unto them lor the 
execution of their several offices and places, so as the same be not 
repugnant or contrary to tliis constitution ; and to impose and levy pro- 
portional and reasonable assessments, rates and taxes, u]ion all the 
inhabitants of, and persons resident, and estates lying, within the said 
commonwealth; and also to impose, and levy, reasonable duties and 
excises, upon any produce, goods, wares, merchandise, and cominodities, 
whatsoever, brought into, produced, manufactured, or being within the 
same; to be issued and disjiosed of by warrant, under the hand of the 
governor of this commonwealth for the time being, with the advice and 
consent of the council, for the public service, in the necessary defence 
and support of the government of the said commonwealth, and the pro- 
tection and preservation of the subjects thereof; according to such acts 
as are or shall be in force within the same. 

And while the public charges of government, or any part thereof, 
shall be assessed on jiolls and estates, in the manner that has hitherto 
Vieen practised, in order that such assessments may be made with equal- 
ity, there shall be a valuation of estates witliin the commonwealth, 
taken anew once in every ten years at least, and as much ottener as the 
general court shall order. 



CHAPTER I. 

Section- II. Senate. 

Senate, number I. There shall be annually elected, by the freeholders and other 
whom ei'eeted. inhabitants of this commonwealth, qualified as in this constitution is 
See amei'id ' provided, forty persons to be councillors and senators for the year en- 
xiiL md XVI. suing their election ; to be chosen by the inhabitants of the districts, 



CONSTITUTION OF MASSACHUSETTS. 19 

into Tvliich tlie commonwealth may from time to time be divided 
by tlie general court for that ])urpose : and the general court in assign- 
ing the numbers to be electeil by the respective districts, shall govern 
themselves by the proportion of the public taxes i)aid by the said dis 
tricts ; and timely make known to the inhabitants of the common- 
wealth, the limits of each district, and the number of councillors and 
senators to be chosen therein; provided, that the number of such dis- 
tricts shall never be less than thirteen ; 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, until the ronntiestobe 
general court shall deteniiine it necessary to alter the said districts, be J^.'™'^' '™'"' 
districts for the choice of councillors and senators, (except that the **«' amend- 
counties of Dukes county and Nantucket chall form one district for that x'ii'i.lmd'kxii. 
purpose) and shall elect the following number for councillors and sen- 
ators, viz.: — Suflblk, six ; P]ssex, six ; Middlesex, five ; Hampshire, four; 
Pljmiouth, three ; Barnstable, one ; Bristol, three ; York, two ; Dukes 
county and Xantucket, one ; Worcester, five ; Cumberland, one ; Lin- 
coln, one ; Berkshire, two. 

II. The senate shall be the first branch of the legislature; and the Manner and 
senators shall be chosen in the following manner, viz. : there shall be a i™'senatorr 
meeting on the first Monday in April, annually, forever, of the inhab- auci couuciiiors. 
itants of each town in the several counties of this commonwealth ; to be mcnte. Art. n., 
called by the selectmen, and warned in due course of law, at least seven x-^..xiv., and 
days before the first Monday in April, for the purpose of electing per- See amend- 
sons to be senators and councillors; and at such meetings every male "ii^'^xx.'^'and 
inhabitant of twenty-one years of age and upwards, having a freehold xxni. 
estate within the comuion wealth, of the annual income of three pounds, 
or any estate of the value of sixty pounils, shall have a right to give in 
his vote for the senators for the district of which he is an inhabitant. 
And to remove all doubts concerning the meaning of the word " inhab- Word " inhabit- 
itant" in this constitution, every person shall be considered as an inhab- *"' ' '■eS"'!''. 
itant, for the ]nirpose of electing and being elected into any ofiice, 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 such meetings selectmen to 
impartially ; ami shall receive the votes of all the iidiabitants of such Jaeetkits' '°'™ 
towns ])resent and qualified to vote for senator, and shall sort and 
count them in open town meeting, and in presence of the town clerk, EetumofvoteB. 
who shall make a fair record, in presence of the selectmen, 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 sliall 
be attested by the selectmen and the town clerk, and shall be sealed 
up, directed to the secretary of the commonwealth for the time being, 
with a superscription, expiating the j^uqjort of the contents thereof, 
and delivered liy the tOAVW»tlerk of such towns, to the sheriff of the Seeamend- 
county in which such town lies, thirty dajs at least before the last |^™x.' '^'^' "' 
Wednesday in May annually; or it shall be delivered into the secre- 
tary's office seventeen days at least before the said last Wednesd.ay in 
May : and the sheriff of each county shall deUver all such certificates 
by him received, into the secretary's office, seventeen days before the 
said last Wednesday in May. 

Anil the inhabitants of ])lantations nnincoiiiorated, qualified as this inhabitants or 
constitution jirovides, who are or shall l)e empowered and required to Jllai'Sons"**'* 
assess t;ixes upon themselves toward the support of government, shall " I'o pay state 
have the same ju-ivilege of voting for councillors and senators in the ■<'8,may vo e. 
jilantations where they reside, as town inhabitants have in their respec- 
tive towns ; and the plantation meeting;? for that purpose shall be held Plantation 
annually on the same first Monday in April, at such place in the plan- seTamfnd- 
tations respectively, as the assessors thereof shall direct ; which assess- ments, Art. x. 



20 



CONSTITUTION OF MASSACHUSETTS. 



Assessors to 
uotily, ifcc. 



Governor and 
council to ex- 
amine and count 
votes, and issue 
summonses. 
See junend- 
meuts, Art. X. 



Senate to be 
liual jud-^e tif 
eleetious, itc. of 
its o\vn mem- 
bers. 

See amend- 
ments, Art. S. 
andXIV. 



Vacancies, how 
filled. 



Qualifications 
of a senator. 
See junend- 
ments. Art. 
XIlI.andXXII. 



Senate not to 
adjourn more 
than two days. 
Shall choose its 
officers and es- 
tablish its rules. 
Shall try all im- 
peachments. 



Oath. 



Limitation of 
sentence. 



ors shall have like authority for notifying the elector.s, collecting and 
returning the votes, as the selectmen and town clerks have in their sev- 
eral towns, by this constitution. And all other jiersons living in jilaces 
iniincorporated (qualified as aforesaid) who shall bo assessed to the 
sujiport of government by the assessors of an adjacent town, shall have 
the privilege of giving in their votes for councillors and senatoi-s, in the 
town where they shall be assessed, and be notified of the place of meet- 
ing 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 senators on the last 
Wednesday in May annually, the governor 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 : pro- 
vided nevertheless, that for the first year the said returned cojiies shall 
be examined by the president and five of the council of the former con- 
stitution 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 elections, returns and 
qualifications of their own members, as pointed out in the constitution ; 
and shall, on the said last Wednesday in May annually, determine and 
declare who are elected by each district, to be senators by a majority 
of votes ; and in case there shall not appear to be the full number of sena- 
tors returned elected by a m.ajority of votes for any district, the defi- 
ciency shall be supplied in the following manner, viz. : The members of 
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, amount- 
ing 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 senators sufiicient 
to fill up the vacancies in such district ; and in this manner ;ill such 
vacancies shall be filled up in every district of the commonwealth ; and 
in like manner all vacancies in the senate, arising by death, removal out 
of the state, or othei-wise, shall be supplied as soon as may be, after such 
vacancies shall happen. 

V. Provided nevertheless, that no person shall be capable of being 
elected as a senator, who is not seised in his own right of a freehold, 
within this commonwealth, of the value of three hundred pounds at 
least, or possessed of personal estate to the value of six hundred pounds 
at least, or of both to the amount of the same sum, and who has not 
been an inhabitant of this commonwealth for the space of five years 
immediately preceding his election, and a^^he time of his election, he 
shall be an inhabitantin the district for wMp he shall be chosen. 

VI. The senate shall have power to acTjourn themselves, provided 
such adjournments do not exceed two days at a time. 

VII. The senate shall choose its own president, appoint its own offi- 
cers, and determine its own rules of proceedings. 

VIII. The senate shall be a court with full authority to hear and 
determine all impeachments made by the house of representatives, 
against any officer or officers of the commonwealth, for misconduct and 
mal-adniinistration in their offices. But previous to the trial of every 
impeachment the members of the senate shall respectively be sworn, 
truly and impartially to try and determine the charge in question, 
according to evidence. Their judgment, however shall not extend 
further than to removal from office and disqualification to hold or enjoy 
any place of honor, trust, or profit, under this commonwealth : but the 



CONSTITUTION OF MASSACnUSETTS. 21 

party so con-\-ictefl, shall be, nevertheless, liable to indictment, trial, judg- 
ment, and punishment, according to the laws of the land. Quornm. 
IX. Not less tlian sixteen members of the senate shall constitute a See amend- 

/. T . 1 - ments. Art. 

quorum tor doing business. xxii. 

CHAPTER I. 

Section III. House of Mepresentatives. 

I. There shall be, in the legislature of this cnmnionwealth, a repre- Representation 
sentation of the people, annually elected, and founded upon the prin- "^ the people, 
ciple of equality. 

II. Ami in order to provide for a representation of the citizens of Representa- 
this couimonwealth, founded u|3on the jirincijile of equahty, every cor- "Sn.^ "^i^om. 
i)orate town containinii; one luindred and fifty ratable polls, may elect See amend- 
one representative ; every eoiporate town containing three hundred xiii., and xxi. 
and seventy-five ratable polls, may elect two representatives ; every 
corjiorate town containing six hundred ratable polls, may elect three 
rejjresentatives ; and proceeding in that manner, making two hundred 

and twenty-five ratable polls, the mean increasing number for every 
additional representative. 

Provided nevertheless, that each town now incorporated, not hav- Proviso as to 
ing one hundred and fifty ratable polls, may elect one representative ; ics™*th^'^l 
but no place shall hereafter be incorporated with the privilege of elect- ratuUk- polls, 
ing 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 Toirns liable to 
time to im]jose fines upon such towns as shall neglect to choose and fii"-' ■" case, &c 
returu members to the same, agreeably to this constitution. 

The ex])enses of travelling to the general assembly, and returning Expense of 
home, once in every session, and no more, shall be paid by the gov- anii "(Vou? tlie 
eminent, out of the public treasury, to every member who shall attend puerai court, 
as seasonably as he can, in the judgment of the house, and does not °"'i"" • 
depart without leave. 

III. Every member of the house of representatives shall be chosen QuaUflcations 
by wnitten votes; and' for one year at least next preceding his election, o*^^^ ''''P''^"8enta- 
shall have been an inhabitant of, and have been seised in his own right Seeameud- 

of a freehold of the value of one hundred pounds within the town he xnif.'xiv'., 
shall be chosen to represent, or any ratable estate to the value of two ^'^ -^^i- 
hundred pounds ; and he shall cease to represent the said town, uume- 
diatcly on his ceasing to be qualified as aforesaid. 

IV. Every male jierson, being twenty-one years of age, and i-esident Qualifications 
in any, particular town in this commonwealth "for the space of one year |ee amend- 
next jireceding, having a |fchold estate within the same town, of the mems, Art. iii. 
annual income of three ^Wnds, or any estate of the value of sixty ^^-'iuidxxiii. 
pounds, shall have a right to vote in the choice of a representative, or 
representatives for the said town. 

V. The members of the house of representatives shall be chosen Representa- 
annually in the month of May, ten days at least before the last Wednes- cholcn!''lre 

day of that month. • amendments, _ 

VI. The house of repi-esentatives shall be the gi-and inquest of this HousV.Xne 
commonwealth; and all impeachments made by them, shall be heard can impeach, 
and tried by the senate. 

VII. All money bills shall originate in the house of representatives; House to origi- 
but the senate may propose or concur with amendments, as on other {Jj^j^ "'^ money 
bills. 

VIII. The house of representatives shall have power to adionrn Xot to .ad.ionm 
themselves; provided such adjournment shall not exceed two days at a Say^. "''^ *'™ 
time. 



22 



CONSTITUTION OP MASSACHUSETTS. 



Quorum. 

See amend- 
roente, Art. 
XXI. 

House to judge 
of returns, &e., 
of its own mem- 
bers ; to choose 
its officers and 
establish its 
rules, &c. 
May puuish for 
certain offences. 



Privileofes of 
members. 



Governor and 
council may 
punish. 
General limitiv 
tiou. 



Trial may be 
by committee, 
or otherwise. 



IX. Not less than sixty members of the liouse of representatives, 
shall constitute a quorum for doing business. 

X. The house of representatives shall be the judge of the returns, 
elections, and qualifications of its own members, as pointed out in the 
constitution ; shall choose their own speaker; appoint their own officers, 
and settle the rules and orders of proceeding in their own house. They 
shall have authority to jjunish by imprisonment, every person, not a 
member, who shall be guilty of disrespect to the house, by any disor- 
derly, or contemptuous behavior, in its presence ; or who, in the town 
where the general court is sitting, and during the time of its sitting, shall 
threaten harm to the body or estate of any of its members, for any thing 
said or done in the house; or who shall assault any of them therefor;' 
or who shall assault, or arrest, any witness, or otlier person, ordered to 
attend the house, in his way in going or returning; or who shall rescue 
any person arrested by the order of the house. 

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

• XI. The senate shall have the same powers in the like cases ; and 
the governor and council shall have the same authority to punish in 
like cases : provided that no imprisonment on the warrant or order 
of the governor, council, senate, or house of representatives, for either of 
the above described offences, be for a term exceeding thirty days. 

And the senate and house of re]n-esentatives 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 commit- 
tees of their own members, or in such other way as they may respec- 
tively think best. 



CHAPTER n. 



EXECUTIVE POWEK. 



Governor. 



His title. 

To be chosen 

annually. 

Qualifications. 



Sec Amend- 
ments, Art. 
VII. 

By whom cho- 
sen, if he have a 
m:yority of 
votes. 

See amend- 
ments, Art. II., 
X., XIV., and 
XV. 



Section I. Governor. 

I. There shall be a supreme executive magistrate, who shall be 
styled — The Governor of the Comsionw^e^vlth of Mass.vciiusetts; 
and whose title shall be — His Excellency. 

II. The governor shall be chosen annually; and no person shall be 
eligible to this office, unless at the time of his election, he sliall have 
been an inhabitant of this commonwealth for seven years next preced- 
ing; and unless he shall at the same time, be seised in his own right, of a 
freehold, within tlie commonwealth of the value of one thousand pounds; 
and unless he shall declare himself to be of the christian religion.. 

III. Those persons who shall be qualitied 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 Ajn-il 
annually, give in their votes for a governor, to the selectmen, who shall 
preside at such meetings ; and the'town clerk, in the presence and with 
the assistance of the selectmen, shall, in open town meeting, sort and 
count the votes, and form a list of the persons voted for, with the num- 
ber of votes for each person against his name; and .shall niake a fau- 
record of the same in the town "books, and a i)ublic declaration thereof 
in the said meeting ; and shall, in the presence of the inhabitants, 
seal np copies of the said list, attested by liim 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 the 
same to the secretary's office, seventeen days at least before the said 
last Wednesday in May; or the selectmen" may cause returns of the 
same to be made to tlie office of the secretary of the commonwealth, 



CONSTITUTION OP MASSAGHUSETTS. 23 

seventeen days at least before the said day ; and the secretary shall lay 

the same before the senate and the house of rejiresentatives, on the last 

Wednesday in May, to be by them examined ; and in case of an election 

by a majority of all the votes returned, the choice shall be by them 

declared and published ; but if no person shall have a majority of votes, 

the house of representatives shall, by ballot, elect two out of four per- How chosen, 

sons who had the highest number of votes, if so many shall have been hi!,™ JJi"yurity° 

voted for, but, if otherwise, 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 time, at his Power of gov- 
discretion, to assemble and call together the councillors of this com- Ijuver'nor'and 
monwealth tor the time being ; and the governor with the said council- coimcu. 
lors, or five of them at least, shall, and may, from time to time, hold and 

keep a council, for the ordering and directing the aflairs of the com- 
monwealth, agreeably to the constitution and the laws of the land. 

V. The governor, with advice of council, shall have full power and Same subject, 
authority, during the session of the general court to adjourn or pro- 
rogue the same to any time the two houses shall desire ; and to dissolve 

the same on the day next preceding the last Wednesday in May ; and, See amend- 
in the recess of the said court, to pjrorogue the same from time to time, '"'^"•s, Art. x. 
not exceeding ninety days in any one recess ; and to call it together 
sooner than the time to which it may be adjourned or prorogued, if the 
welfare of the commonwealth shall require the same ; and in case of 
any infectious distemper prevailing in the place where the said court is 
next at any time to convene, or any other cause 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 place within the state. 

And the governor shall dissolve the said general court on the day See amend- 
next preceding the last Wednesilay in May. °"'°'*' ^^- •'^• 

VI. In cases of disagreement between the two houses, with regard Governor and 
to the necessity, expediency or time of adjournment or prorogation, j™™nthe'"cner- 
the governor, with advice of the council, shall have a right to adjourn ui court ialaBcs, 
or prorogue the general court, not exceeding ninety days, as he shall cwiing nUiety' 
determine the public good shall require. ''"y^* 

VII. The governor of this commonwealth, for the time being, shall Governor to be 
be the commander-in-chief of the army and navy, and of all the militaiy cS^"""**"'™" 
forces of the state, by sea and land ; and shall have full power, by him- 
self, or by any commander, or other officer or officers, from time to time, 

to train, instruct, exercise and govern the militia and navy; and, for 
the special defence and safety of the commonwealth, to assemble in 
martial arra}-, and put in warlike posture, the inhabitants thereof, and 
to lead and conduct them, and with them, to encounter, re])e], resist, 
e.xpel and pursue, by force of, arms, as well by sea as by land, within or 
without the limits of this commonwealth, and also to kill, slay and 
destroy, if necessary, and conquer, by all fitting ways, enterprises, and 
means whatsoever, all and every such person and persons as shall, 
at any time hereafter, in a hostile manner, attempt or enterprise the 
destruction, invasion, detriment, or annoyance of this commonwealth ; 
and to use and exercise, over the army and navy, and over the militia 
in actual service, the law martial, in time of war or invasion, and also 
in time of rebellion, declared by the legislature to exist, as occasion shall 
necessarily require ; and to take and surprise by all waj-s and means 
whatsoever, all and every such person or persons, with their shi])s, amis, 
ammunition and other goods, as shall, in a hostile manner, invade, or 
attempt the invading, conquering, or annoying this commonwealth ; 
and that the governor be intrusted with all these and other powers, 
incident to the offices of captain-general and commander-in-chief, anft 



24 



CONSTITUTION OF MASSACHUSETTS. 



Limitation. 



Governor and 

council may 
pardon oflou- 
cos, except, tfcc. 
But not beibre 
conviction. 



All judici.al offi- 
cers, &c., liow 
nominated and 
appointed. 
See amend- 
ments, Art. 
XIV., XVII., 
and XIX. 
IVIilitia officers, 
how elected. 
See amend- 
ments, Art. V. 



How commis- 
sioned. 



Major-generals, 
how appointed 
and commis- 
sioned. 

Vacancies, how 
lilled, in cas^', 
&c. 



Officers duly 
commissioned, 
how removed. 
See amend- 
ments, Art. IV. 

Adjutants, &c., 
how ajipointetl. 



Hl^ 



Organization of 
militia. 



Money, how 
drawn from the 
treasury, ex- 
cept, &c. 



admiral, to be exercised agreeably to the rules and regulations of tbe 
constitution, and the laws of the land, and not otherwise. 

Provided, that the said governor shall not, at any time hereafter, by 
virtue of any power by this constitution granted, or hereafter to be 
granted to him by the legislature, transport aiiy of the inhabitants of 
this commonwealth, or oblige them to march out of the limits of the 
same, without their free and voluntary consent, or the consent of the 
general court; except so for as may be necessary to march or transport 
them by land or water, for the defence of such part of the state to 
which they cannot otherwise conveniently have access. 

VIII. The jiower of pardoning otfences, except such as persons may 
be convicted of before the senate by an im])eachmcnt of the house, 
shall be in the governor, by and with the advice of council ; but no 
charter of pardon, granted by the governor, with ad\ice of the council 
before conviction, shall avail the party pleading the same, notwithstand- 
ing any general or particular cx])ressions contained therein, descriptive 
of the otlence or ofiences intended to be pardoned. 

IX. All judicial otHcers, the attorney-general, the solicitor-general, 
all sherirts, coroners, and registers of probate, shall be nominated and 
appointed by the governor, by and with the advice and consent of the 
council ; and every such nomination shall be made by the governor, and 
made at least seven days prior to such ap]iointment. 

X. The captains and subalterns of the militia, shall be elected by the 
written votes of the train-band and alarm list of tlieir respective com- 
panies, of twenty-one years of age and upwards; the field oflicers of 
regiments shall be elected by the written votes of the captains and sub- 
alterns of their resjjective regiments: the brigadiers shall be elected, in 
likemanner, by the field officers of theu- respective brigades; and such 
officers, so elected, shall be commissioned by the governor, who shaU 
detemiine their rank. 

The legislature shall, by standing laws, direct the time and manner 
of convening the electors, and of collecting votes, and of certifjdng to 
the governor, the officers elected. 

The major-generals shall be appointed by the senate and house of 
representatives, each having a negative upon the other ; and be commis- 
sioned by the governor. 

And if the electors of brigadiers, field officers, captains or subalterns, 
shall neglect or refuse to make such elections, 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 hisoffice, but by the address of botli houses to the 
governor, or by fair trial in court martial, pursuant to tlie laws of the 
commonwealth for the time being. 

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

The governor, with advice of council, shall appoint all officers of the 
continentd army, whom by the confederation of the United States it is 
provided that this commonwealth 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 lie altered in ]iursuance of some future law. 

XI. No moneys shall be issued out of the treasury of this common- 
wealth, and disposed of (exce])t such simis as may be ap]iropriated for 
the redemjition of bills of credit or treasurer's notes, or for the pajTnent 
(Jf interest arising thereon) but by wan-ant vinder the hand of the gov- 



CONSTITUTION OP MASSACHUSETTS. 25 

emor for the time being, with the advice and consent of the council, for 
the necessary defence and support of the commonwealth ; and for the 
protection and preservation of the inhabitants thereof, agreeably to the 
acts and resolves of the general court. 

XII. All public boards, the commissaiy-general, all superintending All public 
officers of public magazines and stores, belonging to this commonwealth, n°Jk"'ri'imrtoriy 
and all commanding officers of forts and garrisons within the same, returns, 
shall once in every three months, officially, and without requisition, and 

at other times, when required by the governor, deliver to him an account 
of all goods, stores, provisions, ammunition, cannon with their appendages, 
and small arms with their accoutrements, and of all other public prop- 
erty whatever under their care respectively; distinguishing the quantity, 
nimiber, quality and kind of each, as ]Kirticularly as may be ; together 
with the condition of such forts and garrisons ; and the said commanding 
officer shall exhibit to the governor, when required by him, true and 
exact plans of such forts, and of the land and sea or harbor or harbors, 
adjacent. 

And the said boards, and all public officers, shall communicate to the 
governor, as soon as may be after receiving the same, all letters, de- 
spatches, and intelligences of a public nature, which shall be directed to 
them respectively. 

XIII. As the public good requires that the governor should not be Salary ofgor- 
under the undue influence of any of the members of the general court '^''"<""- 

by a dependence on them for his support ; that he should in all cases, 
act with freedom for the benefit of the public, that he should not have 
his attention necessarily diverted from that object to his private con- 
cerns — and that he should maintain the dignity of the commonwealth 
in the character of its chief magistrate, it is necessary that he should 
have an honorable stated salary, of a tixed and permanent value, ani]ily 
sufficient for those purposes, and est.ablished by standing laws: audit 
shall he among the first acts of the general court, after the commence- 
ment of this constitution, to establish such salary by law accordingly. 

Permanent and honorable salaries shall also be established by law for s.aiaricB of jii»- 
the justices of the supreme judicial court. jaS'S?"],™."" 

And if it shall be found that any of the salaries aforesaid, so estab- salaries to ix? 
lished, are insufficient, they shall, from time to time be enlarged, as the sufficaSt.' 
general couit shall judge proper. 

CHAPTER n. 

Section II. I^ieutenant- Governor, 

I. There shall be annually elected a lieutenant-governor of the Lieutenant- 
commonwealth of Massachusetts, whose title shall be — IIis Honor; |?Je""'°n"i'quaii- 
and who sliall be qualified, in point of religion, property, .and residence flcaOons. 

in the commonwealth, in the same manner with the governor: and the mrait™Trt.iii., 
(Lay and manner of his election, and the qualifications of the electors, yj.-' ^•' J^i' , 

1-11 1 ^1 • T • 1 1 • ,. rT^^ X\. Rlld W III. 

snail be tlie same as are required m the election oi a governor, llie 

return of the votes for this officer, and the declaration of his election. How chosen. 

shall be in the same manner: and if no one person shall be found to ' ''^m- 

have a majority of .all the votes returned, the vacancy shall be filled by 

the senate and house of representatives, in the same manner as the 

governor is to be elected, in case no one person shall have a majority 

of the votes of the people to be governor. 

II. The governor, and in his absence the lieutenant-governor, shall Presitientof 
be president of the council, but shall have no vote in council ; and the Sutenant- 
lieutenant-iiovernor shall always be a member of the council exeeiit povornora 

hiii-i>.i 111, ^ niembcr of, ex- 

en the chair ot the governor shall be vacant. cept. &c. 

III. Whenever the chair of the governor shall be vacant, by reason Licutenant- 
3 4 



26 



COXSTITUTIOX OF MASSACHUSETTS. 



governor to ho of liis death, or absence from tlie commonwealth, or otherwise, the 

or!'^°cafe" &™ Hcutenant-governor, lor tlie time being, shall, during such vacancy, ])er- 

form all the duties incumbent u))on the governor, and shall have and 

exercise all the powers and authorities, which by this constitution the 

governor is vested with, when personally present. 

CHAPTER II. 



Council. 
See amend- 
ments, Art. 
XVI. 



Section III. Council, and the Manner of settling Elections hy the 

Legislature. 

I. There shall be a council for advising the governor in the ex- 
ecutive ]iart of the government, to consist of nine jicrsoiis besides the 
lieutenant-governor, whom the governor, for the time being, shall have 
full power and authority, from time to time, at his disci-eti(jn, to assemble 
and call together. And the governor, with the said councillors, or five of 
them at least, shall and niay, from time to time, hold and keeji a council, 
for the ordering and directing the affairs of the commonwealth, accord- 
ing to the laws of the land. 

II. Nine councillors shall be annually chosen from among the per- 
sons returned ibr councillors and senators, on the last Wednesday in 
May, by the joint ballot of the senators and representatives assembled 
in one room : and in case there shall not be found upon the first choice, 
the whole number of nine persons who will accept a seat in the council, 
the deficiency shall be made up by the electors aforesaid from among 
the peojjle at large ; and the number of senators left shall constitute 
the senate for the year. The seats of the persons thus elected from the 
senate, and accepting the trust, shall be vacated in the senate. 

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

IV. Not more than two councillors shall be chosen out of any one 
district of this commonwealth. 

V. The resolutions and advice of the council shall be 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 legislatui-e ; and any 
member of the council may insert his opinion, contrary to the resolution 
of the m.ajority. 

VI. Whenever the office of the governor and lieutenant-governor 
shall be vacant, by reason of death, absence, or otherwise, then the 
council, or the major part of them, shall, during such vacancy, have full 
power and authority to do, and execute, all and every such acts, matter.s 
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, by this con- 
stitution, on the last Wednesday in May annually, by the two houses of 
the legislature, may not be com])leted on that day, the said elections 
may be adjourned from day to day until the same shall be completed. 
And the order of elections shall be as follows: the vacancies in the 
senate, if any, shall first be filleil up ; the governor and lieutenant-gov- 
ernor shall then be elected, j)ro\ ided there should be no choice of them 
by the pcojile : and afterwards the two houses shall proceed to the 
election of the council. 

CHAPTER II. 

Section IV. Secretary, Treasurer, Commissary c£r. 

Crwhomand' ^- '^^'^ secretary, treasurer and receiver-general, and the commis- 

iiuw chosen. sary-general, notaries public, and naval officers, shall be chosen an- 



Nuniber ; from 
whom, and how 
chosen. 
See amend 
ments. Art. X., 
XIII. and XVI. 



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

Ua!ik of coun- 
ciUors. 

No district to 
have more than 
two. 

Register of 
council. 



Council to exer- 
cise the power 
of governor, in 
c^ise, &c. 



Elections may 
he adjourned 
until, &c. 



Order thereof. 



CONSTITUTION OF MASSACHUSETTS. 27 

nually, by joint ballot of the senators and ropresentatives in one Sccamcnd- 
room'. And, that the citizens of this commonwealth maybe assm-ed, "u™xvtL''^' 
fi'om time to time, that the moneys reniaininu' in the imblic treasury, Ticnsurer imii 
ujjon the settlement and liquidation of the ])iiblic accounts, are their fi'"ffi"p '",',";■ 
property, no man shall be eligible as treasurer and receiver-general more cessivc years, 
than live years successively. 

II. The records of the commonwealth shall be kept in the office of Secretary to 
the secretary, Avho may a]3]>oint his deputies, for whose conduct he shall toXeuii'the ' 
be accountable, and he shall attend the "overnor and council, the senate governor and 
and house of representatives, in person, or by his deputies, as they snaii 
respectively require. 



council, &c. 



CHAPTER III. 

JUDICIARY POWER. 

I. The tenure, that all commission officers shall by law have in Tenure of .lU 
their offices, shall be exjjressed in their respective commissions. All S^rtTbeex- 
iudicial officers, duly appointed, commissioned and sworn, shall hold preKHid. 

•{, . a. 1 • 1 1 I • »• 1 • 1 .Judicial offli-i-rs 

their offices during gooil behavior, excepting such concerning whom to hold office 
there is different provision made in this constitution: provided never- ji'iji'ij |"*''"' 
theless, the governor, with consent of the council, may remove them &c. 
upon the address of both houses of the legislature. uioved"onad-"'^ 

II. Each branch of the legislature, as well as the governor and dress, 
council, shall have authority to require the opinions of the justices of preme'judici"! 
the supreme judicial court, upon important questions of law, and upon ™"^ '," ^^'5,^j.„ 

solemn occasions. required. 

III. In order that the people may not suffer from the long continuance justices of the 
in place of any justice of the peace, who shall fail of discharging the Sfthcir'officei 
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 ujion the exjiiration of any 
commission, the same may, if necessary, be renewed, or another person 
ap])ointed, as shall most conduce to the well being of the commonwealth. 

IV. Tlie judges of probate of wills, and for granting letters of Provisions fo- 
administration, shall hold their courts at such place or places, on fixed courts."''™ ''*° 
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 a]ipointments, the saiil courts shall be holden at the times and 
places which the respective judges shall direct. 

V. All causes of marriage, divorce, and alimony, and all appeals fi'om Provisions for 
the judges of )irobate shall be heard and determined by the governor eaus™"" mar- 
aud council, until the legislature shall, by law, make other provision. riage, divorce, 

CHAPTER IV. 

DELEGATES TO CONGRESS. 

The delegates of this commonwealth to the congress of the United Delegates to 
States, shall, some time in the month of June annually be elected by "^sress. 
the joint ballot of the senate and house of representatives, assembled 
together in one room; to serve in congress for (me year, to commence 
on the first Monday in November then next ensuing. They shall have 
commissions under the hand of the governor, and the great seal of the 
commonwealth; but may be recalleil at any time within the year, and 
others chosen and commissioned, in the same manner, in their stead. 



28 



CONSTITUTION OF MASSACHUSETTS. 



CHAPTER V. 

THE mriVERSITY AT CAMBRIDGE, AND ENCOURAGEMENT OF LITERATURE &c. 



Harvard Col- 



Powers, privi- 
logoK, &c.,of'tIie 
preeident aud 
loUows, cou- 
lirmed. 



All gifts, 
grants, &e. con- 
iirmed. 



WTio shall be 

overseers. 
Statutes, 
1851, 224. 



Tower of altera- 
tion reservod to 
the lesrislature. 



Section I. The University. 

I. Whereas our wise and ])ious ancestors, so early as the year one 
thousand six hundred and thirty-six, hud the foundation of Harvard 
College, in which university many jjersons of great eminence have, by 
the blessing of God, been initiated in those arts and sciences, which 
qualified them for ]uiblie employments, both in church and state : and 
whereas the encouragement of arts ami sciences, and all good literature, 
tends to the honor of God, the advantage of the christian religion, 
and the great benefit of this and tlie other United States of America, — 
it is declared, that the President and Fellows of Harvard Col- 
lege, in their corporate cajiacitj', and tlieir successors in that capacity, 
their officers and servants, shall have, hold, use, exercise and enjoy, all 
the powers, authorities, rights, liberties, privileges, immunities and 
fi-anchises, which they now have, or are entitled to have, hold, use, 
exercise and enjoy: and the same are hereby ratified and confimied 
unto them, the said president and fellows of Haiward College, and to 
their successors, and to their officers and servants, respectively, forever. 

II. And whereas there have been at sundry times, by divers jiersons, 
gifts, grants, devises of houses, lands, tenements, goods, chattels, lega- 
cies and conveyances, heretofore 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 conveyances, are hereby forever confirmed unto tlie presi- 
dent and fellows of Harvard College, and to their successors in the 
capacity aforesaid, according to the true intent and meaning of the 
donor or donors, grantor or grantors, devisor or devisors. 

III. And whereas, by an act of the general court of the colony of 
Massachusetts Bay, passed in the year one thousand six hundred and 
forty-two, the governor and deputy-governor, for the time being, and 
all the magistrates of that jurisdiction, were, with the president, and a 
number of the clergy in the said act described, constituted the over- 
seers of Harvard College : and it being necessary, in this new constitu- 
tion of government to ascertain who shall be deemed successors to the 
said governor, deputy-governor and magistrates: it is declared, that 
the governor, lieutenant-governor, council and senate of tliis common- 
wealth, are, and shall be deemed, their successors, who, with the presi- 
dent of Harvard College, for the time being, together with the min- 
isters of the congregational churches in the towns of Cambridge, 
Watertown, Charlestown, Boston, Koxbury, and Dorchester, mentioned 
in the said act, .shall be, and hereby are, vested with all the jiowers and 
authority belonging, or in any way appertaining to the o^•erseers of 
H.arvard College ; provided, that nothing herein shall be construed to 
prevent the legislature of this commonwealth from making such altera- 
tions 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 Prov- 
ince of the Massachusetts Bay. 



Section II. 



CHAPTER V. 

77)6 Encouragement of Literature, <&c. 



Duty of ie<!is- Wisdom, and knowledge, as well as virtue, diffused generally among 

lutures and ma- ,i , , V .i i , « *. i • ^ , . 

ijistrates iu all tlic Docly ot tuc pcoplc, being iiecessary lor the preservation oi their 



CONSTITDTIOX OP MASSACHUSETTS. 29 

rights and liberties ; and as these depend on spreading the opportuni- future periods, 
ties and advantages of education in the various parts of tlie country, mTnt™ Art. 
and among the clifferent orders of the people, it shall be the duty of xviii. 
legislatures and magistrates, in all future periods of this common- 
wealth, to cherish the interests of Uterature and the sciences, and all 
seminaries of them ; especially the university at Cambridge, public 
schools and grammar schools in the towns; to encourage private socie- 
ties and public institutions, rewards and immunities, for the promo- 
tion of agriculture, arts, sciences, commerce, trades, manufactures, and 
a natural history of the country ; to countenance and inculcate the 
princijiles of humanity and general benevolence, public and private 
charity, industry and frugality, honesty and punctuality in their deal- 
ings ; sincerity, good humoi-, and all social affections, and generous 
sentiments among the people. 

CHAPTER VI. 

OATHS AND SUBSCRIPTTONS ; INCOMPATIBILITY OF AXD EXCLUSION FROM 
OFFICES; PECUNIARY QUALIFICATIONS ; COiMMISSIONS ; WRITS; CONFIRMA- 
TION OF LAWS; HABEAS CORPUS ; THE ENACTING STYLE; CONTINUANCE OF 
OFFICERS ; PROVISION FOR A FUTURE EEVISAL OF THE CONSTITUTION, &c. 

I. Any person chosen governor, lieutenant-governor, councillor, sena- Oatbs, &c 
tor or representative, and acce])ting the trust, shall, l)efore lie proceed 
to execute the duties of his place or office, make and subscribe the fol- 
lowing declaration, viz. : 

I, A. B., do declare, that I believe the christian religion, and have a firm persua^ion Abolished, see 
of its truth ; and that I am seised and i?ossessed, in my own right, of the property ameudments, 
required by the constitution as one qualification for the office or place to which I am ' 
elected. 

And the governor, lieutenant-governor, and councillors, shall make 
.and subscribe the said declaration, in the presence of the two houses of 
assembly ; and the senators and representatives first elected under this 
constitution, before the president and five of the council of the former 
constitution, and forever afterwards before the governor and council 
for the time being. 

And every person chosen to either of tlie jilaces or offices aforesaid, 
;is also any person appointed or commissioned to any judicial, execu- 
tive, military, or other ofiiee under the government, shall, before he 
enters on the discharge of the business of his place or office, take and 
subscribe the following declaration, and oaths or affirmations, viz. : 

["I, A. B., do truly and sincerely acknowledge, profess, testify and declare, that the Oath ofallegi- 
Commonwealth of Massachusetts is, and of right ought to be, a free, sovereign and auce, see suhsti 
independent state ; and I do swear, that I will bear true faith and allegiance to the ment''Art. VI. ^ 

said commonwealth, and that I will defend the same against traitorous ''conspiracies ' ^ 

and all hostile attempts whatsoever ; and that I do renounce and abjure all allegiance, 
subjection and obedience to the king, queen, or government of Great Britain, (as the 
case may be) and every other foreign power whatsoever ; and that no foreign prince, 
person, prelate, state or potentate, hath, or ought to have, any jurisdiction, superiority, 
pre-eminence, authority, dispensing or other power, in any matter, civil, ecclesiastical 
or spiritual, within this commonwealth, except the authority and power which is or 
may be vested by their constituents in the congress of the United States : and I do fur- 
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 acknowledgment, profession, testimony, declaration, denial, 
renunciation and abjuration, heartily and truly, accoiding to the common meaning and 
acceptation of the foregoing words, without any equivocation, mental evasion, or secret 
reservation whatsoever. So help me, God."] 

"I, A. B., do solemnly swear and affirm, that I will fiiithfully and Oath of office, 
impartially discharge and perform all the duties incumbent on me as 
, according to the best of my abilities ami understandinsf, 
agreeably to the rules and regulations of the constitution and the laws 
of the commonwealth. So help me, God." 



30 



CONSTITUTION OF MASSACHUSETTS. 



Plurality of of- 
fices in-oliibitcd 
to;;ovornor, &c. 
except, tfec. 
See ameail- 
ments, Art. 
VIII. 



Same subject. 



Incompatible 
offices. 
.See iimeml- 
ments. Art. 
VIII. 



Same subject. 



Bribery, &c., 
disqualify. 



Value of money 
ascertJiinctl. 
Property quali- 
fications may be 
increased. 
See amend- 
ments. Art. 
XIII. 

Provisions re- 
specting; com- 
misBions. 



Provided always, that when any person chosen or appointed as afore- 
said, shall be of the denomination of the people called Quakers, and 
shall decline taking the said oaths, he shall make his affirmation in the 
foregoing form, and subscribe the same, omitting the words " I do 
swear,"' '■'■ and abjitre" '■'■ oath 07\^'' '■'■ and abjuration,^'' in the first oath; 
and in the second oath, the words " swear and,'''' and in each of them 
the words "*S'o /u/p me, God;" subjoining instead therof, ^^IViis I do 
under the pains and penalties of perjuryT 

And the said oaths or affirmations shall be taken and subscribed by 
the governor, lieutenant-governor, and councillors, 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 constitution ; 
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 jnescribed by the 
legislature. 

II. No governor, lieutenant-governor, or judge of the supreme 
judicial court, shall hold any other office or place, under the authority 
of this commonwealth, except sucli as by this constitution tliey are 
admitted to hold, saving that the judges of the said court may hold the 
offices of justices of the peace through the state ; nor shall they hold 
any other place or office, or receive any pension or salary fiom any 
other state or government or jjower whatever. 

No person shall be capable of holding or exercising at the same time, 
within this state more than one of the following offices, viz.: judge of 
probate — sheriff — register of probate — or register of deeds ; and 
never more than any two offices whicfi are to be held by apj)ointment 
of the governor, or the governor and council, or the senate, or the 
house of representatives, or by the election of the people of the state 
at large, or of the people of any county, military offices, and the offices 
of justices of the peace excepted, shall be held by one person. 

No person holding the office of judge of the supreme judicial court 
— secretary — attorney-general — solicitor-general — treasurer or receiv- 
er-general — judge of probate — commissary-general — ]iresident, pro- 
fessor, or instructor of Harvard College — sheriff — clerk of the house 
of representatives — register of probate — register of deeds — clerk of 
the supreme judicial court — clerk of the inferior court of common 
pleas — or officer of the customs, including in this descri])tion naval 
officers — shall at the same time have a seat in the senate or house of 
representatives ; but their being chosen or appointed to, and accepting 
the same, shall operate as a resignation of their seat in the senate or 
house of representatives ; and the place so vacated shall be filled up. 

And the same rule shall take place in case any judge of the said 
supreme judicial court, or judge of probate, shall accejit a seat in coun- 
cil ; or any councillor sh.all accept of either of those offices or places. 

And no person shall ever be admitted to hold a seat in the legisla- 
ture, or any office of trust or importance under the go\erninent of this 
commonwealth, who shall, in the due course of law, have been 
convicted of bribery or corruj)tion in obtaining an election or ap- 
pointment. 

III. In all cases where sums of money are mentioned in this consti- 
tution, 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 legisla- 
ture from time to time to increase such qualifications, as to projierty, 
of the pei-sons to be elected to offices, as the circumstances of the 
commonwealth shall require. 

IV. All comnii.ssions shall be in the name of the Commonwealth of 
Massachusetts, signed by the governor and attested by the secretary or 



CCNoTITtJTION OF MASSACHUSETTS. 31 

his deputy, and have the great seal of the commonwealth affixed 
thereto. 

V. All writs issuing out of the clerk's office in any of the courts of Provisions re- 
law, shall be in the name of the Commonwealth of Massachusetts; they "'nck.'s.^I"*^' 
shall be under the seal of the court from whence they issue; they shall aiiet. os^ 
bear test of the first justice of the court to which they sltall be returna- '"'■■'5'" 
ble, who is not a party, and be signed by the clerk of such court. 

VI. All the laws which have heretofore been adopted, useil and Continuation of 
approved in the Province, Colony or State of Massachusetts Bay, and J.""'.pt/,""^' 
usually practised on in the courts of law, shall still remain and be in i.Mass. su. 
full force, until altered or repealed by the legislature ; such jiarts only ,n i'i'ekt'aou.'.tifi. 
exce]ited as are repugnant to the rights and liberties contained in this 2''j,i'S''",!o'' ''"'■ 
constitution. 

VII. The privilege and benefit of the writ of habeas corpus shall be Benefit or luihe- 
enjoyed in this commonwealth, in the most free, easy, cheap, expedi- "d ™xccpt^ i"! 
tious and am]ile 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. 

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

IX. To the end there may be no failure of justice, or danger arise Officers of for- 
to the commonwealth from a change of the form of government, all ment"continucd 
officers, civil and military, holding commissions under the government until, &c. 
and peo]ile of Massachusetts Bay in New England, and all other offi- 
cers of the said government and jseople, at the time this constitution 

shall t:ike eflect, shall have, hold, use, exercise and enjoy, all the powers 
and authority to them granted or committed, until other persons shall 
be apjiointed in their stead: and all courts of law shall proceed in the 
execution of the bu.siness of their res])ective <]e]iartments; and all the 
executive and legislative officers, bodies and ]>owers shall continue in 
full force, in the enjoyment and exercise of all their trusts, employ- 
ments and authority; until the general court, and the supreme and 
executive officers under this constitution, are designated and invested 
with their respective trusts, powers and authority. 

X. In order the more effectually to adhere to the principles of the Provision for 
constitution, and to correct those violations which by any means may futioJ,"^ consti- 
be made therein, as well as to form such alterations as from exjjerience 

shall be found necessary, the general court which shall be in the year 
of our Lord one thousand seven htindred and ninety-five, shall issue 
precepts to the selectmen of the several towns, and to the assessors of 
the unincorporated plantations, directing them to convene the qualified 
voters of their respective towns and plantations, for the purjjose of 
collecting their sentiments on the necessity or expediency of revising 
the constitution, in order to amendments. 

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

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

XI. This form of government shall be enrolled on parchment, and Provision for 
deposited in the seeretarv's office, and lie a part of the laws of the i"'™'^^!''? «"!i 

11 1 ■ 1 •', piiii f. 1 111 puolisninsj tins 

land; and printed copies tnereoi shall be prefixed to the book con- constitution, 
taining the laws of this commonwealth, in all future editions of the 

said laws. 



32 



CONSTITUTION OF MASSACHUSETTS. 



ARTICLES OF A3IENDMENT. 



Bill, &c. not ap- 
proved withiu 
live days, not to 
become a law, if 
legislature ad- 
journ in the 
mean time. 
3 Mass. ofir. 
.See Const., 
Ch. 1, §1, art. 2. 
General court 
empowered to 
charter cities. 



Qualifications 
of voters for 
governor, lieu- 
tenant-govern- 
or, senators .md 
represent.ltives. 
11 Pick.olS 
See ."imend- 
ments, Art. XX. 



Notaries public, 
how appointed 
and removed. 



Vacancies in the 
offices of secre- 
tary and tre.19- 
urer, how filled 
in case, &c. 
See amend- 
ments. Art. 
XVII. 



Commissary- 
general may be 
appointed, in 
case, *tc. 

Militia officers, 
how removed. 

Who may vote 
for cant.4ins and 
snb.iltems. 



Article I. If any biU or resolve shall be objected to, ami not approved 
by the governor; and if the general eoiiit shall adjourn within five 
daj's aiter the same shall have been laid before the governor for his 
approbation, and thereby ])revent his returning it ynth 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 foil power and authority to 
erect and constitute municipal or city governments, in any coqiorate 
town or towns in this commonwealth, and to grant to the inhabitants 
thereof such powei-s, pri\"ileges 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 waids or 
otherwise for the election of officers under the constitution, and the 
manner of returning the votes given at such meetings. Provided, that 
no such government shall be erected or constituted in any town not 
containing twelve thousand inhabitants, nor unless it be with the con- 
sent, and on the application of a majority of the inhabitants of such 
town, present and voting thereon, j^ursuant to a vote at a meeting duly 
warned and holden for that ]iuqiose. And provided also, that all by- 
laws made by such municipal or city government shall be subject, at 
all times to be annulled by the general court. 

Art. III. Every male citizen of twenty-one years of age and up- 
wards, (excejjting paupers ami persons under guardianship) who shall 
have resided within the commonwealth one year, and wdthin the town 
or district in which he may claim a right to vote, six calendar months 
next preceding any election of governor, lieutenant-governor, senators 
or representatives, and who shall have paid, by himself or his parent, 
master or guardian, any state or county tax, which shall, within two 
years next jireceding such election, have been assessed upon him in 
any town or district of this commonwealth ; and also, every citizen 
who shall l)e, by law, exempted from taxation, ami who shall be, in all 
other respects, qualified as above mentioneil, shall have a right to vote 
in such election of governor, lieutenant-governor, senators and rejire- 
sentatives ; and no other person shall be entitled to vote in such 
elections. 

Art. IV. Notaries public shall be appointed by the governor in the 
same manner as judicial officers are ap]>ointed, and shall hold their 
offices during seven years, unless sooner removed by the governor with 
the consent of the council, upon the address of both houses of the 
legislature. 

In case the office of secretary or treasurer of the commonwealth 
shall become vacant fi-om any cause during the recess of the general 
court, the governor, with the advice and consent of the council, shall 
nominate and n))]ioint, under such regulations as may be prescribed by 
law, a competent and suitable person to such vacant office, who shall 
hold the same until a successor shall be appointed by the general 
court. \ 

Whenever the exigencies of the commonwealth .shall require the ap- 
pointment of a commissary-general, he shall be nominated, appointed and 
commissioned in such manner as the legislature may, by law, prescribe. 

All offieei-s commissioned to command in the militia may be removed 
from office in such manner as the legislature may, by law, prescribe. 

Art. V. In the elections of captains and .sub.alterns of the militia, 
all the members of their respective companies, as weU those under as 
those above the age of twenty-one years, shall have a right to vote. 



CONSTITUTION OF MASSACHUSETTS. 33 

Art. VI. Instead of tlie oath of allegiance prescribed b_y tlie consti- Oath to be taken 
tution, the following oath shall be taken and subscribed l)y every person sL^Const*!"'* ' 
chosen or appointed to any office, civil or military under the govern- Chap.vi. Art.i. 
ment of this commonwealth, before he shall enter on the duties of his 
office, to wit : — • 

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

Provkh'd, That when any person shall bo of the denomination called or affirmation, 
Quakers, and shall decline taking said oath, he shall make his affirmation '" ''''*''' '*"'■ 
in the foregoing form, omitting the word "swear" and inserting instead 
thereof the word "affirm;" and omitting the words "So help me God," 
and subjoining, instead thereof, the words "This I do under the pains 
and penalties of ])erjury." 

Art. VII. No oath, declaration or subscription, excepting the oath Tests aboiish- 
jirescribed in the i)receding article and the oath of office, sh.all be re- '^'^' 
quireil of the governor, lieutenant-governor, councillors, senators or 
re])resentati\es, to qualify them to perform the duties of their rcsj)ective 
offices. 

Art. VIII. No judge of any court of this commonwealth, (except iDcompatibiUty 
the court of sessions) and no person holding any office under the au- "' "flJi^s. 
thority of the United States (postmasters excepted) shall, at the same 
time, hold the office of governor, lieutenant-governor, or councillor, or 
have a seat in the senate or house of re])resentatives of this common- 
wealth ; and no judge of any court in this commonwealth (exce])t the 
court of sessions) nor the attorney-general, solicitor-general, county- 
attorney, clerk of any court, sheriff, treasurer and receiver-general, regis- 
ter of probate, nor register of deeils, shall continue to hold his said office 
after being elected a member of the Congress of the United Stati's, and 
accepting that trust; but the acceptance of such trust by any of the 
officers aforesaid shall be deemed and taken to be a resignation of his 
said office ; and judges of the courts of common pleas shall hold no other 
office under the government of this commonwealth, the office of justice 
of the peace and militia offices excepted. 

Art. IX. If, at any time hereafter any specific and jiarticular amend- Amendments to 
ment or .amendments to the constitution be proposed in the general how made'.''' 
court, and agreed to by a majority of the senators and two thirds of the 
members of the house of representatives present and voting thereon, 
such ]iroposed amendment or amendments shall be entered on the jour- 
nals of the two houses, with the yeas and nays taken thereon, and referred 
to the general court then next to be chosen, and shall be published ; and 
it; in the general court next chosen as aforesaid, such pro])osed ameml- 
ment or amendments shall be agreed to by a maj<5rity of the senators 
and two-thirds of the memliers of the house of representatives present 
and voting thereon ; then it shall be the duty of the general court to 
submit such proposed amendment or amendments to the peo])le ; and if 
they shall be approved and ratified by a majority of the qualified voters 
voting thereon, at meetings legally warned and holden for that jiurpose, 
they shall become part of the constitution of this commonwealth. 

Art. X. The jiolitical year shall begin on the first Wednesday of Commencement 
January instead of the last" Wednesday of May, and the general court "i political ye". 
shall assemble every year on the said "first Wednesday of January, and 
shall proceed at that session to make all the elections, and do all tlie 
other acts which are by the constitution required to be made and done 
at the session which has heretofore commenced on the last Wednesday 
of May. And the general court, shall be dissolved on the day next pre- and termiua- 
ceding the first Wednesday of January, without any proclamation or ^i""- 
other act of the governor. But nothing herein contained shall jirevent 
the general court from assembling at such other times as they shall 
5 



CONSTITUTION OF MASSACHaSETTS. 



Meetinj^s for 
the choii^e of 
^'overuor, lieu- 
tenant-goVL'ru- 
or, &e., when to 
be held. 
May be ad- 
journed. 
.See amend- 
ments, Art. XV. 



Article, when to 
ffo into opera- 
tion. 



Inconsistent 
provisions an- 
nulled. 

Religious free- 
dom estab- 
lished. 
.See Dec. of 
llights, Art. 
III. 



Census of rata- 
ble polls to be 
taken in ls:ir, 
and decennially 
thereafter. 
See amend- 
ments, Art. 
XIII. and XXI. 



Representa- 
tives, how ap- 
portioned. 



judge noeessaiy, or when called together by the governor. The gov- 
ernor, lieutenant-governor and councillors, shall also hold their respec- 
tive offices for one year next following the first We<lnesday of January, 
and until others are chosen and qualified in tiieir stead. 

The meeting for the choice of governor, lieutenant-governor, senators 
and representatives shall be held on the second Monday of November 
in every year; but meetings may be adjourned if necessary, for the 
choice of representatives, to the next day, and again to the next suc- 
ceeding day, but no further. But in case a second meeting shall be 
necessary for the choice of representatives, 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 membei-s of the general court, or of any other 
officers or persons whatever, that have reference to the last Wednesday 
of May, as the commencement of the ]"iolifical year, shall be so far 
altered as to have like refei-enee to the fii-st Wednesday of J.-inuary. 

This article shall go into ojieration on the first day of Octolier next 
following the day when the same shall be duly ratified and adopted as 
an amendment of the constitution ; and the governoi-, lieutenant-gov- 
ernor, councilloi-s, senators, representatives and all other state officers, 
who are annually chosen, and who shall be chosen for the cui-rent year, 
when the same shall go into ojieration, sliall hold their i-esjiective offices 
until the first Wednesday of January then next following, and until 
others are chosen and qualified in their stead, and no longer. And the 
first election of the governor, lieutenant-governoi', senators and repi'esen- 
tatives to be had in virtue of this aitiele shall be had conform.ably there- 
unto, in the month of November following the day on which the same 
shall be in force, and go into operation, pursuant to the foregoing pro- 
vision. 

All the ])rovisions of the existing constitution inconsistent with the 
provisions herein contained are hereby wholly annulled. 

Art. XI. Instead of the third article of the bill of rights, the follow- 
ing modification and amendment thereof is substituted: — 

"As the ])ublic worship of God and instructions in ])iety, religion and 
morality, promote the ha])])iness and ]iros])erity of a peo]ile, and the 
security of a rejndjiican government ; tliei-efore, the several religious 
societies of this commonwealth, whether coi'poi'ate or unincorporr.te, at 
any meeting legally warned and holden for that purpose, .shall ever have 
the right to elect their pastors or religious teachers, to contract with 
them for their su|)port, to raise money for erecting and re])aii'ing houses 
for public worship, for the maintenance of religious instruction, and for 
the payment of necessary expenses: and all jiersons 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 dissolu- 
tion of their meniber.'^hip, and thenceforth shall not be liable, for any 
grant or contract, which may be thereafter made, or entered into by such 
society: and all religious sects and denominations, demeaning them- 
selves peaceably and as goo<l citizens of the commonwealth, shall be 
equally under the protection of the L-iav ; and no subordination of ;iny 
one sect or denomination to another shall ever be estal)lished liy law." 

Art. XII. In order to jirovide for a re]>rcsentation of the citizens of 
this commonwealth, founded u]ion the pi-inci])k'S of equality a census of 
the r:;table ]iol!s, in each city, town and district of the commonwealth, on 
the first day of May, shall be taken and returned into the secretary's 
office, in such manner as the legislatui'c sh.all jn-ovide, 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 man- 
ner aforesaid, and each town or city having three hiin(b'ed ratable polls 
at the last preceding decennial census of polls, may elect one representa- 



CONSTITUTION OP MASSACHUSETTS. 35 

tivc, find for every four hundreil and fifty ratable polls in addition to the 
first three hundred, one re|ire!^entative more. 

Any town having less than three hundred ratable ]iolls sliall be rep- Tnwiis having 
resented thus : The whole number of ratable polls, at the last preceding r.'uawiMioi'ia, 
decennial census of polls, shall be multiplied by ten, and the product iiow lupreseut- 
divided by three hundred, and such town may elect one representative ^ ' 
as many years within ten years, as three hundred is contained in the 
product aforesaid. 

Any city or town having ratable polls enough to elect one or more Fractions, how 
representatives, with any number of polls beyond the necessary number, '■'•'P'<;8™ti^<i. 
may be represented as to that surplus number by niultijilying such sur- 
plus number by ten and dividing the ]jro<luct by foui' hundred and fifty ; 
and such city or town may elect one additional representative 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 may, by consent tovtob may 
of a majority of the legal voters present at a legal meeting, in each of s™5ativo*diB? 
said towns and districts respectively called for tliat pur]iose, and held tiicts. 
previous to the first day of July in the year in which the decennial 
census of polls shall be taken, form themselves into a re])resentative dis- 
trict, to continue until the next decennial census of polls, for the election 
of a re]iresentative, or rejiresentatives, and such district shall have all 
the rights, in regard to representation, which would belong to a town 
containing the same number of ratable ])olls. 

The governor and council shall ascertain and determine within the Thp governor 
months of July and August, in the year of our Lord one thousand eight JSllll.vinlne'the 
hundred and thirty-seven, according to the foregoing princijiles, the number of rep- 
number of representatives, which each city, town and representative dis- wMch'oaciT *" 
trict is entitled to elect, and the number of years ^\'ithin the ]ieriod of town is entitled, 
ten years then next ensuing, that each city, town, and rejiresentative 
district may elect an additional rei>resentative, and where any town has 
not a sufficient number of polls to elect a representative each year then 
how many years within the ten years, such towni may elect a rejiresen- 
tative, and the same shall be done once in ten years thereafter by the New npportion- 

governor and council, and the number of ratable noils in each decennial ""Liitiobemade 

,.,,,,,, . ^ once m every 

census of polls, shall determine the number ot representatives, which ten years. 

each city, town and representative district may elect as aforesaid, and 
when the number of representatives to be elected l)y each city, town or 
re])resentative district is ascertained atid deterniinod as aforesaid, the 
governor shall cause the same to be published forthwith for tiie informa- 
tion of the people and that number shall remain fixed and unalterable 
for the period of ten years. 

All the provisions of the existing constitution inconsistent with the inconsistent 
provisions herein contained, are hereby wholly annulled. nSMl""^ *"' 

Art. XIII. A census of the inhabitants of eacli city and town, on census of in- 
the first day of JVIay, shall be taken, and returned into the secretary's {!;£,'n'i",''s4'o,'"' 
office, on or before the last day of June, of the year one thousand eight ""'i deeenmaiiy 
hundred and forty, and of every tenth year thereafter, wliich census basis of appor- 
shall determine the aijportionment of senators and representatives for tionment of 

,,,^^ ^ ^ * senators and 

the term of ten years. representatives. 

The several senatorial districts now existing, shall be permanent. Senatorial dis- 
The senate shall consist of forty members ; and in the year one thousand 1,'ormanen?'^'''' 
eight hundred and forty, and eveiy tenth year thereafter, the governor f^'^e amend- 
and council shall assign the number of senators to be eliosen in each xxi*/.' ^'^' 
district, according to the number of inhabitants in the same. But, in 
all cases, at least one senator shall he assigned to each district. 

The members of the house of representatives shall be ajijiortioned in House of reprc- 
the following manner : Every town or city containing tweh'e hundred Jimiortioned'.'''" 
inhabitants, may elect one representative ; and two thousand four huu- Sec amend- 



36 



CONSTITUTION OF MASSACHUSETTS. 



mcnts, Art. 
XXI. 

Small towns, 
liow represeut- 
ed. 



Tm\Ti8 may 
iniiteiuto ropre- 
scntative dis- 
tricts. 



Basis of repre- 
sentation, and 
ratio of in- 
crease. 



The gfovernor 
and council to 
apportion the 
number of rep- 
resentatives of 
each to\vn once 
in every ten 
years. 

Councillors to 
be chosen from 
the people at 
hir^e. See 
amendments. 
Art. XVI. 



Qualifications 
of councillors. 



Freehold as a 
qualilic.ation for 
a seat in {gener- 
al court or 
council not re- 
quired. 
Klections by 
the people to be 
by plurality of 
votes. 

Time of annual 
election dl'i^ov- 
ernor and legis- 
lature. 



Eight council- 
lors to be cho- 
sen by the peo- 
ple. 



dred inliabitnnts shall be the mran increasing number which shall enti- 
tle it to an additional representative. 

Every town containing less than twelve hundred inhabitants, shall be 
entitled to elect a representative as many times, within ten j-ears, as the 
number one hundred and sixty is contained in the number of the inhab- 
itants of said town. Such towns may also elect one representative for 
the year in which the valuation of estates within the commonwealth, 
shall be settled. 

Any two or more of the several towns ma}^ by consent of a m.njority 
of the legal voters present at a legal meeting, in each of said towns 
resi)eetivel_y, called for that purjiose, 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 re])resentative district, to 
continue for the term of ten years ; and such district shall have all the 
riglits in regard to representation, which would belong to a town con- 
taining the same number of inhabitants. 

The number of inhabitants which shall entitle a town to elect one 
representative, and the mean increasing number, which shall entitle a 
town or cit}^ to elect more than one, and also the number by Avliich the 
population of towns, not entitled to a rej)resentative every j-ear is to be 
divided, shall be increased respectively, bj' one-tenth of the numbers above 
mentioned, whenever the po])ulation of the commonwealth shall have 
increased to seven hundred and seventy thousand, an<l for every addi- 
tion.al 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 council shall, 
before the first day of September, ajiportion the number of rejiresenta- 
tives which each city, town, and rejjresentative district is entitled to 
elect, and ascertain how many years within ten years, any town may 
elect a representative, which is not entitled to elect one every year ; 
and the governor shall catise the same to be published forthwith. 

Nine councillors shall be annually chosen from among the people at 
large, on the first Wednesday of January, or as soon thereafter as may 
be, by the joint ballot of the senators and representatives assembled in 
one room, who shall, as soon as may be, in like manner, fill up any 
vacancies that may happen in the council, by death, resignation or 
otherwise. No person shall be elected a councillor, who has not been 
an inhabitant of this commonwealth for the tei'in of five years imme- 
diately jireceding 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 be required 
as a qualification for holding a seat in either branch of the general court, 
or in the executive council. 

Art. XIV. In all elections of civil ofiieers by the people of this 
commonwealth, whose election is provided for by the constitution, the 
person having the highest number of votes shall be deemed and declared 
to be elected. 

Art. XV. The meeting for the choice of governor, lieutenant-gov- 
ernor, senators and representatives, shall be held on the Tuesday next 
after the first Monday in November, annually ; but in case of a failure 
to elect representatives on that day, a second meeting shall be holden 
for that purpose on the fourth Monday of the same month of November. 

Art. XVI. Eight councillors shall be annually chosen by the inhab- 
itants of this commonwealth, qualified to vote for governor. The elec- 
tion of councillors shall be determined 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 fir.st session after the 
next state census .shall have been taken, and at its first session after 
each decennial state census thereafterwards, shall divide the common- 



CONSTITUTION OF MASSACHUSETTS. 37 

wealth into eight districts of contiguous territoiy, each containing a 
number of inhabitants as nearly equal as practicable, witluuit dividing 
any town or ward of a city, and each entitled to elect one councillor: 
provided^ luncever, that if, at any time, the constitution shall jirovide for 
the division of the commonwealth into forty senatorial districts, then 
the legislature shall so arrange the councillor districts that each district Legislature to 
shall consist of five contiguous senatorial districts, as they shall be, from ii'»t"ct state. 
time to time, established In' the legislature. iSTo person shall be eligible 
to the office of councillor who has not been an inhabitant of the com- 
monwealth for the term of five years immediately ])receding his elec- 
tion. The day and manner of the election, the return of the votes, and D.iy and man- 
the declaration of the said elections, shall be the same as are recjuired in J^^'^ofi'wtio". 
tlie election of governor. AVhenever there shall be a failure to elect the 
full number of councillors, the vacancies shall be filled in tjie same man- vacancies, how 
ner as is required for lilliiig vacancies in the senate; and vacancies occa- ''""'• 
sioned by death, removal Irom the state, or otherwi.se, shall be tilled in 
like mannei', as soon as may be after such vacancies shall have hn]i]iened. 
And that there may be no delay in the organization of the government Organization of 
on the first Wednesihiy of January, the governor, with at least live menf."™™ 
councillors for the time being, shall, as soon as may be, examine the 
returned co])ies of the records for the election of governor, lieutenant- 
governor, and councillors ; and ten days before the said first Wednesday 
hi January he shall issue his summons to .such persons as appear to be 
chosen, to attend on that day to be qualified accordingl)' ; and the secre- 
tary shall lay the returns before the senate and house of rejiresentatives 
on the said first Wednesd.ay in January, to be by them e.xamined ; and 
in case of the election of either of said officers, the choice shall lie by 
them declared and published ; but in case there shall be no election of 
either of said officers, the legislature shall proceed to fill such vacancies 
in the manner provided in the constitution for the choice of such officers. 

Art. XVII. Tiie secretary, treasurer and recei\er-gcneral, auditor, Kloction of sec- 
and attorney-general, shall be chosen annually, on the day in November [.'rlir^amiitor 
])rescribed for the choice of governor; and each ])erson then chosen as ",'|'' ;'.","™'^y" 
such, duly qualified in other respects, shall hold his office foi' the term pcopi". * 
of one year from the third Wednesday in January next thereafter, and 
until another is chosen and qualified in his stead. The qualification of 
the voters, the manner of the election, the return cf 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 either of said officers on the Vacancies, how 
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 
\\\\o had the highest number of votes tor 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 vacant from any 
cause during an annual or special session of the general court, such 
vacancy shall in like manner be filled by choice from the jieople at 
large ; but if such vacancy shall occur at any other time, it .shall be sup- 
plied liy the governor Ijy aii]iointment, with the advice and consent of 
the council. The person so chosen or a]>pointed, duly qualified in other 
respects, shall hold his office until his successor is chosen and duly qual- 
ified in his stead. In case any person chosen or appointed to either of To qualify 
the offices aforesaid, sliall neglect, for the si)ace often days after he oi'h'c'fwise office 
could otherwise enter upon his duties, to qualify himself in all resjiects to in- <li-omcd 
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 Qu.iiifii-itions 
eligible to either of said offices unless he shall have been an inhabitant of '''■''"'*'"^' 
this commonwealth five years next preceding liis election or appointment. 

4 



38 



CONSTITUTION OF MASSACHUSETTS. 



School moneys 
not to be ap- 
plied for secta- 
rian schools. 



Legislature to 
])n'seribe for 
the election of 
sheriffs, regis- 
ters of probate, 
&c. 
S Gray, 1. 

Heading consti- 
tution in Eng- 
lish and writ- 
ing, necessary 
qualifications of 
voters. 
Proviso. 



Census of legal 
voters and ot in- 
habitants, when 
talcen, &c. 
See Gen. Stat. 
ch. 20. 



House of repre- 
sentatives to 
consist of :;40 
members. 
Legislature to 
apportion, &c. 



Qualifications 



Art. XVIII. All moneys raised by taxation in the towns and cities 
for tlie support of public scliools, and all moneys which may be apj)ro- 
priated by the state for the support of common schools, shall be apjilied 
to, and expended in, no other schools th.'in those which are conducted 
according to law, untler the order and superintendence of the authori- 
ties of the town or city in which tlie money is to be expended ; and 
such moneys shall never be ajijiropriated to any religious sect for the 
maintenance exclusively of its own school. 

Art. XIX. Tlie legislature shall jirescribe, by general law, for the 
election of sheriffs, registers of probate, commissioners of insolvency, 
and clerks of the courts, by the people of the several counties, and that 
district-attorneys shall be chosen Ijy tlie people of tlie several districts, 
for such term of office as the legislature shall prescribe. 

Art. XX. No person shall have the right to vote, or be eligible to 
office under the constitution of this commonwealth, who shall not be 
able to read the constitution in the English language, and write his 
name : provided, hoicever, that the provisions of tliis amendment shall 
not apply to any person prevented by a physical disability from com- 
plying with its requisitions, nor to any person who now has the right to 
vote, nor to any persons who shall lie sixty years of age or upwards at 
the time this amendment shall take effect. 

Art. XXI. A census of tlie legal voters of each city and town, on 
the first day of Maj-, shall be taken and returned into the office of the 
secretary of the commonwealth, on or before the last day of June, in 
the year one thousand eight hundred and fifty-seven ; and a census of 
the inliabitants of each city and town, in the year one thousand eight 
hvmdred and sixty-five, and of every tenth year thereafter. In the cen- 
sus aforesaid, a special enumeration shall be made of the legal voters ; 
and in each city, said enumeration shall sjiecify the number of such legal 
voters aforesaid, residing in each ward of such city. The enumeration 
aforesaid shall determine the apportionment of representatives for the 
periods between the taking of the census. 

The house of representatives shall consist of two hundred and forty 
members, which shall be apportioned, by the legislature, at its first ses- 
sion after the return of each enumeration as aforesaid, to the several 
counties of the commonwealth, equally, as nearly as may be, according 
to their relative numbers of legal voters, as ascertained by the next pre- 
ceding special enumeration ; and the town of Cohasset, in the county of 
Norfolk, shall, for this purpose, as well as in the formation of districts, 
as hereinafter provided, be considered a part of the county of Plymouth ; 
and it shall be the duty of the secretary of the commonwealtli, to cer- 
tiiy, as soon as may be after it is determined by the legislature, the 
number of representatives to which 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 commission- 
ers of other counties than Suffolk, — or in lieu of the mayor and alder- 
men of the city of Boston, or of the county commissioners in each 
county other than Suffolk, such board of sjiecial commissioners in each 
county, to be elected by the people of the county, or of the towns therein, 
as may for that jjurpose be jirovided by law, — shall, on the first Tuesday 
of August next after each assignment of representatives to each county, 
assemble at a shire town of their respective counties, and jiroceed, as 
soon as may be, to divide the same into re]ireseiitative districts of con- 
tiguous territory, so as to apportion the re]iresentation assigned to each 
county equally, as nearly as may be, according to the relative number 
of leg.al 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 there- 
for, nor shall any district be made which shall be entitled to elect more 
than three representatives. Every representative, for one year at least 



CONSTITUTION OF MASSACHUSSTTS. 39 

next proeeclinE; his election, shall have been an inhabitant of the flistrict ofropresenta- 
for winch 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 numbered by the board creating the same, and 
a descrijition of each, with the numbers thereof and the number of legal 
voters therein, shall be returned by the board, to the secretary of the 
commonwealth, the county treasurer of each county, and to the clerk 
of every town in each district, to be filed and kept in their respective 
offices. The manner of calling and conducting the meetings for the 
choice of representatives, and of ascertaining their election, shall be 
prescribed by law. Not less than one hundred members of the house One hundred 
of representatives shall constitute a quorum for doing business; but a "^^bers a quo- 
less number may organize temporarily, adjourn from day to day, and 
compel the attendance of absent members. 

Art. XXII. A census of the legal voters of each city and town, on census, &-c. 
the first day of May, shall be taken and returned into the office of the *^'^.,'J^"- ''''^'• 
secretary of the commonwealth, on or before the last day of June, in 
the year one thousand eight hundred and fifty-seven ; and a census of 
the inhabitants of each city and town, in the year one thousand eight 
hundred and sixty-five, and of every tenth year thereafter. In the cen- 
sus aforesaid, a special enumeration shall be made of the legal voters, 
and in each city said enumeration shall sjjecify the ninnber of such legal 
voters aforesaid, residing in each ward of such city. The enumeration 
aforesaid shall determine the apportionment of senators for the periods 
between the taking of the census. The senate shall consist of forty Senate to con- 
members. The general court shall, at its first session after each next bers"'^*"'^™ 
preceding special enumeration, diviile the commonwealth into forty dis- Senatorial dis- 
tricts of adjacent tenitory, each district to contain, as nearly as maybe, t™'s, &c. 
an equal number of legal voters, according to the enumeration aforesaid : 
provided, hotcever, that no town or ward of a city shall be divided there- Proviso, 
for; and such districts shall be fonned, as nearly as may be, without 
uniting two counties, or parts of two or more counties, into one district. 
Each district shall elect one senator, who shall have been an inhabitant Qualifications 
of this commonwealth five years at least immediately preceding his "f senators. 
election, and at the time of his election shall be an inhabitant 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 com- 
monwealth. Not less than sixteen senators shall constitute a quorum sixteen mem- 
for doing business ; but a less number may organize temporarily, adjourn ^'''^^ ^ quorum, 
from day to day, and compel the attendance of absent members. 

Art. XXIII. No person of foreign birth shall be entitled to vote, Residence of 
or shall be eligible to office, unless he shall have resided within the juris- quSI-wr^Aurtu- 
diction of the United States for two years subsequent to his naturaliza- raiized citizens, 
tion, and shall be otherwise qualified, according to the constitution and frage o/make 
laws of this commonwealth : /jroj'iV^w/, that this amendment shall not <;iig:iWe to of- 
affect the rights which any person of foreign birth possessed at the time 
of the adoption thereof; and provided, further, that it shall not aftect 
the rights of any child of a citizen of the United States, bom during 
the temporary absence of the parent therefi-om. 

[Note — 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 meantime the constitution was submitted to the 
people, to be adopted by them, provided two-thirds of the votes given should be in the affirma- 
tive. When the convention assembled, it was found that the constitution had been adopted by 
the requisite number of votes, and the convention accordingly liesolved, " That the said Constitu- 
tion or Frame of Government shall take place on the last ^Vednesday of October uext ; and not 
before, for any purpose, save only for that of making elections, agreeable to this resolution." 
The first legislature assembled at Boston, on the twenty -fifth day of October, 1780. 



40 CONSTITUTION OP MASSACHUSETTS. 

The first nine Articles of Amendment were submitted, by dele<jates in convention assembled, 
November 16, 1820, to the people, and by them ratifled and adopted, April 0, Isai. 

The tenth Article of Amendment was adopted by the legislatures of the political years lS2'.)-.jO, 
and ia30-31, respectively, and was approved and ratiBed by the people. May 11, 1831. 

The eleventh Article of Amendment was adopted by the legislatures of the pohtieal years 1832 
and 1833, respectively, and was approved and ratified by the people, November 11, 1833. 

The twelfth Article of Amendment was adopted by the legislatures of the political years 18.35 
and 1&36, respectively, and was approved and ratifled by the people, the fourteentli day of No- 
vember, 1836. 

The thirteenth Article of Amendment was adopted by the legislatures of the political years 
1839 and 1840, respectively, and was approved and ratified by the people, the sixth day of April, 
l&tt. 

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

The twentieth, twenty-first, and twenty-second Articles of Amendment were adopted by the 
legislatures of the political years 185(5 and 185?, respectively, and ratifled by the people on the 
first day of May, 1857. 

The twenty -third Article of Amendment 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.] 



GENERAL STATUTES 



OF THE 



COMMONWEALTH OF MASSACHUSI<:TTS. 



(41) 



COMMONWEALTH OF MASSACHUSETTS, 



IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND FIFTY-NINE. 



AN ACT 



FOR 



REVISING AND CONSOLIDATING 



THE 



GENERAL STATUTES 



OF THE 



COMMONWEALTH. 



Be it enacted hy the Senate and House of Rcpresen- 
tatives, in General Court assembled, and hy the 
authmnty of the same, in manner following, that is 
to say : 

(42) 



PART I. 



OF THE INTERNAL ADMINISTRATION OF THE 
GOVERNMENT. 



TITLE I. 



OF THE JURISDICTION OF THE C0MM0N"WT:ALTH, LEGISLATURE, 

STATUTES, PUBLIC REPORTS, AND DOCUMENTS, STATE 

LIBRARY, AND OTHER PUBLIC PROPERTY. 



Chapter 1. — Of the Jurisdiction of the Commonwealth and places ceded to the 

United States. 
CavPTER 2. — Of the Legislature. 
Chapter 3. — Of the Statutes. 
Chapter 4. — Of Public Reports and Documents. 
CttiPTER 5. — Of the State Library and other Public Property. 



CHAPTER 1. 

OF THE JURISDICTION OF THE COMMONWEALTH ANB PLACES CEDED 
TO THE UNITED STATES. 



Section 

1. Territorial limits of the commonwealth, and 
counties. 

2. Jurisdiction of the commonwealth. 

3. Places ceded to the United States and sub- 
ject to concurrent jurisdiction. 

4. Officers of the coast survey may enter upon 
lands, erect stations, &c. 



Section 
5. County commissioners to assess damages 

on petition of either party. 
G. Commissioners to file report, Ac Appeal. 

Trial. 

7. Tender, and costs after refusal. 

8. Costs, how taxed. 

9. Penalty for injuring signals, &c. 



Sectiox 1. The territorial limits of this commonwealth extend one Territorial iim- 
marine league from its sea-shore at low-water mark. When an inlet monweaUh'^d 
or arm of the sea does not exceed two marine leagues in width, between counties, 
its headlands, a straight line from one headland to the other is equiva- ' 
lent to the shore line. The boundaries of counties bordering on the 
sea extend to the Une of the state as above defined. The jurisdiction 
of counties separated by waters within the jurisdiction of the state is 
concurrent upon and over such waters. 

Sect. 2. The sovereigntv and jurisdiction of the commonwealth Jurisdiction of 
extend to all places within tlie boundaries thereof; subject to the rights "'euUh!™""' 
of concurrent jurisdiction granted over places ceded to the United R- s. i, § i. 
States. 

Sect. 3. The several places ceded to the United States for forts, Places ceded to 
arsenals, dock-yards, light-houses, hospitals, or other purposes, and over statf^and sub- 
which concurrent jurisdiction has been granted to the United States, ject to concur- 

(i3) 



44 PLACES CEDED TO THE UNITED STATES. [ChAP. 1. 

rentjurisiiic- shall continue to be subject to such concuiTcnt jurisdiction, according 

R? s". 1 § 2. ^'^ ^Ji"^ tenor and eifect of the resjsective laws by which they were ceded, 

s Mass. 72. that is to say : — 

iMet. 5S0. ' The several [niblic light-houses with the lan<ls and tenements there- 

1790,4. unto belonging : the light-house on Light-House Island in the harbor 

of Boston ; the two light-houses on Thacher's Island in the county of 
Essex ; the two light-houses on the north en<l of Plumb Island in tlie 
county of Essex ; the light-house on the Gurnet Head in tlie county of 
Plymouth; the light-house on Sandy Point in the county of Nantucket; 
also, the four buoys at the mouth of Merrimack Kiver, namely — one 
on the Hum Sands, one on the Sunken Kocks, one on the Ganway Rock, 
and one on the Half-Tide Rocks ; also the beacon on the spit of saud 
near the light-house in the harbor of Boston : 

1795, 18. The light-house situate near tlie entrance of the harbor of Nantucket : 

1795,25. The several tracts of land for the light-houses authorized by con- 

gress to be erected upon Baker's Island and Cape Cod : 

1798, 13. Castle Island, Governor's Island, George's Island, and LoveFs Island, 

184ft' i«f ^'^ ^^^^ harbor of Boston ; and a tract of land in Springfield : 

1798, 60. A tract of land for a light-house at that part of Martha's Vineyard 

called Gay-Head : 

1800, 7. A tract of land for light-houses on Wigwam Point and Eastern Point 

1831, 45. j^ Gloucester : 

1800, 17. A tract of land for a light-house at the end of Clarke's Point in New 

Bedford : 

1800, as. A tract of land for a navy-yard in Charlestown: 

iloo'ro. Tracts of land for light-houses at Cape Poge : 

mis, i3ii. A tract of land on Martha's Vineyard and the building erected thereon 

''^'''''- as a hospital: 

180S, 21, § 79. A tract of land for light-houses at or near the entrance of Chatham 

harbor on Cajie Cod : 

1810,54. A tract of land for a light-house at the entrance of tlie harbor of 

Scituate : 

1816.1. The rocks and flats under the piers in Merrimack River called the 
Half-Tide Rocks and North Rocks : 

1816, 15. A tract of land in Watertown for erecting forts, magazines, arsenals, 

dock-yards, and other needful buildings : 
1816,47. Tracts of land for light-houses on Race Point in Provincetown, at 

1817,7. Q,. near Tarpaulin Cove on Nashaun Island, and on Point Gammon in 

Yarmouth : 

1817.2. A tract of land for a light-house on the West Chop of Holmes' Hole 
on the island of Martha's Vineyard : 

1819,69. Half-Way Rock in Boston Bay for a beacon; also Bird Island in 

Buzzard's Bay for a light-house ; and a tract of land for a light-house 
on Long Island Head in Boston harbor : 

1820.3. Ten Pound Island in the harbor of Gloucester for a light-house : 

1821, 35. A part of Tinker's Island, Marblehead Rock, and the East Rock of 

Cat Island : 
1822,23. A tract of land for a light-house on the Island of Kutta-IIunk: 

1823, 12. A tract of land for a light-house on Monanioy Point in the county 

of B.arnstablc : 
1825, 181. Tracts of land in Chelsea for hospitals and a depot of ordnance 

1848; 167. ^^O'"*"* • 

1826138.' Tracts of land for light-houses on Long Point in Provincetown; and 

on Sandy Neck in Barnstable : 
1828,63. Dumpling Rock in Buzzard's Bay, and tracts of land on Nobsque 

Point in Falmouth and at the entrance of Edgartown Harbor; for 

light-houses : 
1828, 30. A tract of land near the mouth of the Merrimack River, in Newbury, 

for a pier or breakwater : 



Chap. 1.] places ceded to the united states. 45 

A tract of land for a light-house on West Chop in Tisbiiry on Mar- i83o, in. 
tha's Vineyard : 

The jilaee called Nix's 3Iate in the harbor of Boston for a beacon : js32, 41. 

A tract of land, not exceeding four acres at the Neck in Marblehead; 1^35' g^' 
for a light-house : 

Straitsmouth Island in the harbor of Gloucester for a light-house : js.i5, 1.^1. 

Tracts of land for light-houses in Nantucket and at Nid's Point in ]s:j8, i38. 
Rocliester: 

Tracts of land for light-houses on Ipswich Beach in Ipswich, and near iS38, 104. 
Nauset Beach in Eastham, and on Mayo's Beach in Wellfleet: 

The i)laee called Minot's Kock or Ledge in Massachusetts Bay for a i84r, 109. 
light-house: 

A tract of land not exceeding one-quarter of an acre, above high- 1847,235. 
water mark, near the Old Fort in Fairhaven, and one of the Elizabeth 
Islands called the Sow and Pigs lying oif the south-west side of the 
Island of Kutta-Hunk : 

A tract of land for a light-house, not exceeding two acres, on Palm- isis, h. 
er's Island in the harbor of New Bedford : and a tract of land for a 
light-house, not exceeding six acres, on AVing's Neck in Sandwich : 

A tract of land for a light-house in Truro: 1849, 40. 

A tract of land on Great Brewster Island in the harbor of Boston : is49,45. 

A tract of land for a light-house at llyannis in Barnstable: isi9, 07. 

A tract of land for a light-house at Sancoty Head in Nantucket : I849, ion. 

Three tracts of land, not exceeding one acre each, at the head ofissis, 72. 
Holmes' Hole harbor in Tisliiirv, for light-houses. 

A tract of laud for a light-house at Bass River in the county of Bam- ims, 28s. 
stable : 

Such tracts of land in Provincetown and Truro as may be used and iso.!, 2%, :tuii. 
imjjroved for the preservation of Cape Cod harbor: 

Such tracts of land in Falmouth as maj- be necessary for the con- 1853, 3or.. 
structiou and maintenance of a sea wall in the harbor of Great Woods 
Hole : 

Egg Rock Island near Nahant ; and a site for a light-house in Truro : is,55, 17. 

Sites for ligiit-houses on or near the Point of Rocks in Westport ; and isss, 17. 
at the S])it in the harbor of Boston : 

A site for a beacon on Point Alderton Bar in the harbor of Boston : isso, 17. 

A tract of land in Gloucester for a custom-house: 1855,21. 

A tract of land in Barnstable for a custom-house : isss, 127. 

Egg Island Shoal in the hailjor of New Bedford ; and such tracts of issn, 100. 
land on Clarke's Point in New Bedford as the United States deem need- '**"■ '"• 
ful for the ]iurposes of military defence, and over the contiguous shores, 
flats, and ^\'aters, within four hundred yards from low-water mark : 

A tract of land not exceeding six acres on Billingsgate Island for a 1857, 11c 
light-liouse : provided., the United States make and file in tlie office of '-"' '■ 
tlie secretary of the commonwealth a suitable plan of said land within 
one year from the purchase of the same : 

Such tract of land as the United States shall ])urcliase in Cohasset i858,42. 
for a light-keeper's house, warehouse, and whart^ for the convenience of 
Minot's Ledge Light : 

A tract of land, not exceeding three acres, for a light-house and isss, 53. 
keeper's house on Point of Rocks at the entrance of Westport harbor : 

A lot of land in Boston with the buildings thereon, known as the isss, 157. 
"Masonic Temple," with land adjacent thereto not exceeding twentj-- 
five thousand feet, for a court-house. 

Sect. 4. Persons employed under an act of the congi-ess of the Officers of 
United St:Ues passed the tenth day of February in the year eighteen may cn'tcr'ifpon 
hundred and seven, and the sup]ilement thereto, may enter upon lands '"nrts, &c. 
within this state for any purpose which may be necessary to efleet the u. s. statute's, 
objects of said act, and mav erect works, stations, buildings, or append- JlJ'i'i'?; 
ages, requisite tor that purpose, doing no unnecessary injury. 1832, 191, § 2. 



46 



THE LEGISLATURE. 



[Chap. 2. 



County com- 
missiouors to 
assess damag'es 
ou pi'titiou of 
cither party. 
1845, 102, §§ 3, 3. 



Commissionera 

to flic report, 

&c. 

Appeal. 

Trial. 

1845, 192, § 4. 

1855, 449. 

1859, 191). 



Tender, and 
costs after re- 
fusal. 
1845, 192, §5. 



Coats, how 
taxed. 
1845, 192, § 6. 



Penalty for in- 
juring Bi<:^nals, 
Ac. 

1843, 192, § 7. 
1852, 312. 



Sect. 5. If the parties intercsteil cannot agree upon the amount to 
be paid for dam.ages caused tliereliy, either of them maj' petition the 
cominissioners having jurisdiction in the county in which the hind lies, 
wlio shall a]ipoiiit a time for a hearing as soon as may be and order at 
least fourteen days' notice to all persons interested, and, with or without 
a view of the jiremises as they may determine, hear the parties and 
assess the dam.ages. 

Sect. 6. The commissioners shall file in the office of the clerk of the 
courts, or, in the county of Suftblk, in the office of the clerk of the 
sui^erior court for civil business, a report of their doing.s, which shall 
be conclusive unless one of the parties within thirty days after the tenn 
of the superior court held next after the tiling of the report files a peti- 
tion for trial ; in which case, after notice to the o]i)iosite party, a trial 
shall be had iu said court in the manner in which other civil cases are 
tried. 

Sect. 7. The person so entering upon land may tender to the party 
injured amends therefor, and if the damages finally assessed do not 
e.Yceed the amount tendered, the person entering shall recover costs; 
otherwise the ])revailing ]>arty shall recover costs. 

Sect. 8. Costs shall be taxed and allowed as if the proceedings 
were an api)eal from the decision of the commissioners, in the same 
manner as they are taxed on appeals from judgments of justices of the 
peace. 

Sect. 9. Whoever wilfully injures, defaces, or removes, any signal, 
monument, building, or appendage thereto, erected, used, or constructed, 
under said acts of congress, shall forfeit the sum of fifty dollars for 
each offence ; and shall be liable for damages sustained by the United 
States, to be recovered in an action of tort. 



CHAPTER 2. 



OF THE LEGISLATURE. 



ORGANIZATION OF THE HOUSE OF REPRESEN- 
TATIVES. 

Section 

1. Secretary to make and deliver to scrgeant- 
at-arms lists of persons returned. 

2. Who are to be admitted to take seats as 
members. 

3. When, and by whom, house to be called to 
order ; and wlio shall preside. 

4. Persons having' certificates, &c., but not on 
list to present credentials to presiding offi- 
cer. 

5- Clerk to act until successor is chosen. 

6. Clerk may appoint a deputy and assist- 
ant. ^ 

7. Oath of clerk, deputy and assistant. 

APPLICATIONS TO THE LEGISLATURE. 

8. Notice on petitions affecting individuals or 
private corporations, how given. 

9. on petitions alTecting cities and towns. 

10. in case of persons applying for act of 
incorporation, &c. 

11. to specify amount of capital stock ap- 
plied for. 

12. Proof of publication of notices, how made. 



c03ipensati0n of members and officers. 

Section 

13- Compensation of senators and representa- 
tives, when and how paid. 

14. S3 a day to be deducted from the pay of 
members absent without excuse. 

15. Compensation of president and speaker, 
U>. Books, Ac, not to be ordered for members 

at the charge of the commonwealth. 

17. Salaries of clerks. 

18. of chaplains and preacher of election ser- 
mon. 

19. Compensation of door-keepers, messengers, 
and pages, when and how paid. 

5IISCELLANE0US PROVISIONS. 

20. Members of committees may administer 
oaths. 

21. Journals ofthe two houses to be in the cus- 
tody of the clerks. 

22. Secretary to cause bills and resolves to be 
emrrossed on parchment: acts and resolves 
to be bound, Ac. 

23. Slembcrs of legislature not eligible to cer- 
tain offices. 

24. General court to suspend business on cer- 
tain days. 



Chap. 2.] the legislature. 47 

OEGANTZATIOX OF THE HOUSE OF EKPnESEXTATIVES. 

Section 1. The secretary of the eommonwealtli shall receive and secretary to 
examine the certificates of the election of representatives to the general CT^ttfseigeMn- 
court returned into his office, and shall make a list of tlie persons therein ugf™/'°frsors 
named. On the Tuesday next preceding the first Wednesday of January re'turneJ!'^'^^'"" 
annually he shall deliver to the sergeant-at-arnis a list of the persons then g^'c^fg^^l %''!' 
returned, and upon receiving any further certiticates before the house 
is called to order he shall hnmediately make and deliver to the sergeant- 
at-arins a like list. He shall also transmit the certificates, with a list of 
all persons returned, to the house of representatives as soon as the mem- 
Ijers are called to order. 

Sect. 2. The persons whose names are borne on the lists delivered who may take 
to the sergeant-at-arms, shall be admitted by him to take seats as mem- seats a" mem- 
bers in the representatives' chamber on said first Wednesday of Janu- i»*, hs, § 5. 

'■ ,v 1 See Ch. S, § 1','. 

ary, or at any tmie afterwards. 

Sect. 3. On the first Wednesday of January in each year, between wiien, and by 
the hours of ten in the forenoon and twelve at noon, the jiersons so S'cMi'el'u'o'or" 
returned and admitted as members into the representatives' chamber der; audwiio 
shall be called to order by the eldest senior member present ; and such jt^H, h3,^§ r^' 
member shall be the presiding officer of the house until a speaker is '''?'^' <-'•'• <>• § ''■'■ 
chosen, or the house otherwise direct. 

Sect. 4. Any person having a certificate or other documentary evi- persons imvin!,' 
denee of his election as a re]jresentative, wliose name is not on said list, bu't'ilot'Im'il^i'' 
may after the house is called to order present the same to the presiding to present 
officer or sjieaker, if one is chosen, who sliall communicate the same to presiding^ofli"- 
the house for their order thereon ; but sucli ] lerson shall not take a seat J*^ 
as a member until permitted so to do by the house. Seecu. s, § \v. 

Sect. 5. The clerk of the house for any year, shall act as clerk of Clerk to aet tia- 
the next succeeding house until a clerk thereof is chosen and sworn.- cho1"'ii"'*"'^'^ 

Sect. 6. The clerk or actingr clerk may in writing api)oint a deputy is+i, 143, §9. 

,. ,, ^ , . r • 1 I * *• •> Clerk mav ap- 

lor tlu-ee days only, in case 01 sickness, or necessary detention, or 01 p„int a deputy 
leave of absence from the house. He may also appoint an assistant, if j;^''j|3'*'5"'JJ,' 
necessary, subject to the approval of the house. 

Sect. 7. The clerk, deputy-clerk, and assistant, shall take the oath Oath of eierk, 
of office prescribed by the constitution. Const, ch. 1;. 

Art. l". 

1S«, 143, § 11. 
APPLICATIONS TO THE LEGISLATUKE. 

Sect. 8. Whoever intends to present to the general court a petition Notice on peti- 
affi.*cting the rights and interests of individuals or private corporations, iidividu^fSr 
shall give notice thereof by publishins a coiiy of the petition four weeks private corpo- 
successively in some newspaper published in the counties wiiere such given. ' 
individuals reside or in which such corporations are established; the last is*". 261, § 1. 
of said publications to be at least fourteen days before such session of 
the general court. Such newspaper shall be design;ited b)' the jietition- 
ers and approved by the secretary of the commonwealth. 

Sect. 9. Whoever intends to present a petition aftecting the rights on petitions 
of a city or town, shall cause a copy to be served upon the city or town "nfuon-ns!''^' 
by a person not a party to or interested in said petition, and shall give is5;,2«i,§2. 
notice thereof in the manner provided in the jireceding section, the ser- 
vice of the copy to be at least fourteen days Ix^fore the Tuesil:iy next 
after the first Monday in the month of November preceding the session 
at which the petition is to be presented. 

Sect. 10. Persons intending to apply for an act of incorporation and ineaseofper- 
corporations intending to apply for an alteration or extension of their fwac't'of in°or 
charter, shall give notice of such intended application by an advertise- poration,&c. 
ment, at least four weeks immediately prececiing the session at which " ''~ ' 
the application is to be made, in some newspaper piinted in the county 



48 THE LEGISLATURE. [ChAP. 2. 

where such corporations are, or are intended to be, establislied ; such 

newspaper shall lie designated and approved as provided in section eight. 

to specify a- Sect. 11. The notice of an application for an act of incor]ioration 

tai" stock .11?" s\m\\ specify the amount of capital stock required ; and if tlie notice is 

i)ii.!d lor for an alteration or extension of any charter already granted, it shall 

1S37, 201, § 4. spe(^^igeally state the same. 

Proof of pubU- Sect. Ti. Proof of the jjublication and service of the notice required 

tices.how'made. "1 t'le preceding sections may be made by the affidavit of the ]irinter or 

issr, 261, §5. publisher of the newspaper in which such publication is made and of 

the ])erson making such service respectively ; which affidavits and the 

petitions to which they relate shall be presented to the general court 

within the first ten days of the session. 

COMPENSATION OF SIEMBEES AND OFFICERS. 

Compensation Sect. 13. Each member of the senate and house of re]3resentatives 
represeot" ''°'* shall receivG three hundred dollars for the regular annual session for 
lives. which he is elected, and one dollar for every five miles travel once in 

paW.™ ^ each session from his place of abode to the place of the sitting of the 

1858, 2, §1. general court, to be paid as follows: on the iirst day of the session, he 
shall receive his mileage, on the first day of each month thereafter he 
shall receive two dollars a day until the sum of three hundred dollars 
shall have been paid him, and on the last day of the session he shall 
receive tlie balance due him. 
$3 a day to be Sect. 14. The treasurer Or other officer charged with tlie pajment 
thepay^oi'mum- of the members shall deduct from the compensation of each member 
bers absent ^ three dollars for each day that he has been absent, unless his absence 
1838,2, §2. ' shall have been excused by the house of which he is a member; and the 
respective clerks of the senate and house upon the written statement of 
members shall certify to the treasurer or such other officer the number 
of days of each member's attendance, which statements shall be pre- 
served in the office of the treasurer. 
Compensation Sect. 15. The president of the senate and speaker of the house shall 
of president and receive double the compensation provided for senators and representa- 

speaker. .,.-,., ^ ^ ' 

IS58, 2, §3. tives, to be paid m the same manner. 

Books, &c., not Sect. 16. No periodicals, publications, or books, other than those 
to^be ordered, pointed for the use of the legislature, shall be ordered for members at 
1858, 2, §4. the charge of the commonwealth. 

Salaries of Sect. 17. The clerks of the senate and house shall each receive an 

f^2, § 5. animal salary of two thousand dollars, to be ]iaid quarterly, in full for 
all the duties required of and performed by said clerks and their assist- 
ants, including the preparation of an index and duplicate cojiy of the 
journals. 
of cimpiiiins Sect. 18. The chaplains of the senate and house shall eacli receive 
de^t^orseT °^ ^^ annual salary of two hundred dollars, to be paid in monthly pay- 
mon. ments on the first day of each month during the session, at the rate of 

iSsoives'issa, two dollars a daj-, and any remaining balance on the last day of the 
'■>■ session. The preacher of the election sennon shall receive one hundred 

dollars. 

Compensation Sect. 19. Eacli door-kecjier and messenger of the senate and house 

ers''messcn'^' '^l'''!' receive the' sum of three hundred dollars, and each jiage of the 

ger's, and pages, senate and house the sum of two hundred dollars, in full for all services 

hoTv'pai'<i°^ required of them at the regular annual session of the legislature. Such 

1858,2, §7. sums shall be paid monthly, at the rate of two dollars a day for each 

door-keejier or messenger and one dollar and fifty cents a day for each 

page until s.-iid sums of three hundred dollars and two hundred dollars, 

have been ]iaid ; and on the last day of the session he shall receive the 

balance due him. 



Chap. 3.] 



THE STATUTES. 



49 



MISCELLANEOUS PROVISIONS. 

Sect. 20. Senators and representatives acting as members of a com- 
mittee of the legislature may administer oatEs to persons examined 
before the committee. 

Sect. '21. The journals, files, papers, and documents, appertaining to 
the senate and house of representatives ami their ])roceedings, shall be 
in the custody of their respective clerks ; and copies certified by them 
shall be evidence in like manner as the originals. 

Sect. 22. All bills and resolves passed to be engrossed shall, imder 
the direction of the secretary of the coninionwealth, be fairly engrossed 
on parchment in a plain and legible hand-writing without interUneation, 
and with a margin of not less than one and a half inches w'ide on each 
side ; each sheet on which bills are engrossed to be twenty-two inches 
long and sixteen inches w'ide ; and each sheet on w'hich resolves are 
engrossed to be sixteen inches long and eleven inches wide. After 
every session of the general court the secretary shall cause the acts and 
resolves of the session to be neatly and strongly bound, in separate 
volumes of convenient size, lettered on th« back, with a designation of 
the contents and legislative year. 

Sect. 23. No senator or representative shall, during the term for 
which he is elected, be eligible to any office under the authority of this 
commonwealth, created during such term, except an office to be filled 
by vote of the ]ieople. 

Sect. 24. The general court shall hold no session for the transaction 
of ordinary business on Thanksgiving, Fast, or Christmas days, the 
twenty-second day of Felirnary, the fourth day of July, nor on the fol- 
lowing da}' when either of the two days last mentioned occurs on Sun- 
day, and the public offices shall be closed on said days. 



Members of 
committees 
may adiniuister 
oaths. 

li. S. 2, § in. 
Jouruals of tlio 
twohouses tiibo 
ill the cuHtoily 
of tlic elerks. 
ISH, 153. 

Seeretary to 
cauHe bi'lls ;md 
resolves to bo 
en^^roRsed on 
parehmeiit ; 
— aets ami re- 
solves to be 
bound. Am". 
K. S. V.i, § u. 
1S30, 24. 



Members of 
le^'islatMiv not 
eliuibl.' to eer- 
tiii'.i olUces. 
1«7, I'.n. 

G<'neral court 
to suspend 
business on cer- 
tain days. 
ItO'J, 113, § 1. 



CHAPTER 3. 



OF THE STATUTES. 



PROXniLGATIOy OF THE LAWS. 

Section 

1. LawB, how promulgated. 

2. how distributed. 

3. Secretary to publish, apportion, and dis- 
tribute, copies of the general laws and re- 
Bolvos in a pnmphlet form. 

4- Publiciition of laws, &c., in newspapers. 

5. Acts of incorporation deemed public acts. 

6. Statutes, when to take effect. 

CONSTRUCTION OF- STATUTES. 

7. Rules for construing statutes : — 

1st, Words and phrases to be constnied 
according to usage, unless techni- 
cal, &c. 

2d, Singular and plural number, mascu- 
line gender, &c. 

3d, Joint authority to be exercised by 
m^oritles. 



4th, " Annual meeting." 

5th, " Grantor " and " grantee." 

0th, *' Highway." 

7th, *' Inhabitant." 

8tli, " Insane person," "lunatic," and 
" spendthrift." 

Otii, " Issue." 

lOtli, " Land," " lands," and " real estate." 
11th, " Month " and " year." 
12th, " Oatli " and " sworn." 
i;tth, " IVrson." 

14th, " Preceding " and " following." 
15th, " Seal." 

ir.th, " State " and " United States." 
17th, " Town." 
18th, " Place." 
19th, " Will." 

2(>th, "Written" and ," in writing." 
21st, " By-law" and "ordinance." 
22d. " Sworn," as agplied to public offi- 
cers. 



PROMTTLGATIOX OF THE LAWS. 

Laws, how pro- 

Sectton" 1. The secretary of the commonwealth at the close of each mwi^atefi. 
session of the general court shall collate and cause to be printed in one art. u*. * ' 
5 7 



50 



THE STATUTES. 



[Chap. 3. 



K. p. 2, § 1. 
1851, SO, §4. 
Ket.o ves 
1812, .'0. 
1&39, S3. 



Jvaws, how 
diBtributed. 
R. S. 2, § 2. 



Secretary to 
publish find dis- 
tribute general 
l;iws, &c. 
Ueaolves of 
1817, 8S. 
1850, 89. 



Publication of 
laws, &e., in 
iiowspapcrs. 
jre8oIve8 of 
1857, 24. 

ActBofincorpo- 
V itlim deemed 
public iicts. 
it. S. 2, § X 
4 Met. 21.5. 
Statutes when 
to take eflect. 
It. .S. 2, §§ 4, 5. 
10 Mass. 2'.K). 
n Gvay, fiO'i. 
Gray, .310. 



volume, in stvle and amngement ,is heretofore, all the acts and resolves 
passed diiriii!;- such session, with the frovernor's addre.ss and messages, 
the constitution of the commonwealth, a list of names changed and 
returned during the lu-eceding yetir by the probate courts, and a list of 
the officers of tlie civil goverumeut, with an index. 

Sect. 2. Tlie secretary shall deposit in his office one copy of the 
volumes so published ; and immediately after their publication, distribute 
copies as follows : 

To the clerk of the senate, for the use of the senate, twelve copies : 

To the clerk of the house of representatives, for the use of the house, 
twenty-four cojiies : 

To the librarian of the state library, for the use of the library, five 
copies : 

To the following officers and persons, one copy each : 

The governor; the lieutenant-governor; each mcmlier of the council, 
senate, and house of re])resentatives; the attorney-general; the auditor 
of accounts ; the treasurer and receiver-general; the adjutant-general; 
the masters in chancery ; the judges, clerks, and registers, of the judicial 
courts; the district-attorneys; the county commissioners; the sheriffs 
and keepers of jails ; the registers of deeds ; the kee))ers of the houses 
of correction ; the warden of the state prison ; the county treasurers ; 
the several clerks of cities and towns, for the use of such places ; Harvard 
University, for the law library ; Harvar<l University ; Williams Col- 
lege; Amherst College; Tufts College; Historic-Genealogical Society; 
trustees of the Museum of Com]iarative Zoology; the American Academy 
of Arts and Sciences; the Massachusetts Historical Society; the Boston 
Athenreum ; the American Anticpiarian Society, in Worcester ; the 
Pilgrim Society, in Plymouth ; the Old Colony Historical Society, in 
Taunton; the Law Library Societies in each county; the judges of the 
supreme court of the United States ; the judge of the district court of 
the LTnited States for the district of Massachusetts ; the clerk of the 
courts of the United States for the district of Massachusetts : 

The secretary of state of the United States, four copies : 

The secretary of each state of the Union, for the use of the state, 
three copies : 

To the library of congress, three co]iies. 

Sect. 3. The secretary sh.all immediately after the close of each 
session cause to be published in a pamphlet form such number of cojiies 
of the general laws and resolves as ^^•ill supply each family in the com- 
monwealth with one copy, or one copy to each eight inhabitants, and 
the secretary shall cause the same to be apportioned according to the 
census and sent to the clerks of the several cities and towns for distri- 
bution. 

Sect. 4. The secretary shall publish the general laws and other 
official information intended for the public in such ne\\-spaper in tlie 
commonwealth as he may select, Init the annual expense thereof shal'. 
not exceed three hundred dollars. 

Sect. 5. All acts of incorporation shall be deemed public acts, and, 
as such, may be declared on and gi\-eii in evidence. 

Sect. 6. P]very statute shall take effect at the same time throughout 
the state, and, if it does not expressly prescribe the time when it shall 
go into o]ieration, shall take effect on the thirtieth day next after the 
day on which it is ap])roved by the governor, or otherwise passed and 
approved confo«mably to the provisions of the constitution. 



COXSTKI CTIOX OF ST.VTUTES. 
Uules for con- 

rt™'°^ ^***- Sect. 7. In the construction of statutes the following rales shall be 

i:^ 8. 2, § 6. observed, unless such construction would be inconsistent with the mani- 



Chap. 8.] the statutes. 51 

fest intent of the legislature or repugnant to the context of the same 
statute, that is to say: 

First. Words ami phrases shall he construeil according to the com- Words and 
mon and apjiroved usage of the language ; Viut technical words and construed'ac* 
phrases, and such others as may have acquired a peculiar and appro- <'""^'"!?'o 
priate meaning in the law, shall be construed and understood according tcciTmcai! &c. 
to such peculiar and appro]iriate meaning. I 

Second. Words im})orting the singular number may extend and be Smg-ulnr and 
applied to several persons or things ; words ini porting tlie plural number masciilin"<^eiji' 
may include the singular, and words inijiorting the masculine gender der, &c. 
may be apjilied to females. 

Tlurd. Words purporting to give a joint authority to three or more ,ioint authority, 
public officers or other i)ersons shall be construed as giving such authority g'^l'^^t^'^j""'*''''' 
to a majority of such officers or persons. scusii. ar2. 

Fourth. The words "annual meeting," when a])plied to towns, shall " .inmiai''mei't- 
mean the annual meeting required by law to be held in the months of j^;",, 
February, March, or April. " 

Fiftii. The word "grantor" may include everj^ person from or by " Grantor " and 
whom a freeholil estate or interest passes in or by any deed ; and the Rfs^wTjaa. 
word "grantee" may include every person to whom such estate or 
interest passes in like manner. 

Sixth. The word "highway" may include county bridges ; and shall "Highway." 
be equivalent to the words " county way," " county road," and " common 
road." 

Seventh. The word "inhabitant" may be construed to mean a resi- "inhabitant." 
dent in any city or town. 

Eighth. The words "insane person" and "lunatic" shall include "inf/inpper- 
every idiot, non compos, lunatic, insane, and distracted person; and the ti"c""and"" 
word " si)endthrift " shall include everyone who is liable to be put under ''^P.™''"'/.?}-" 
guardianship on account oi excessive drinking, gaming, idleness, or 
debauchery. 

Ninth. The word "issue," as applied to the descent of estates, shall "iseue." 
include all the lawful lineal descendants of the ancestor. ^' ^' ''*' ^ '^' 

Tenth. The words "land" or "lands" and the words "real estate" "f"""'.'/, 
shall include lands, tenements, hereditaments, and all rights thereto and " real PBta"*." 
interests therein. ". s. oo, § 3-i. 

Eleventh. The word " month " shall mean a calendar month ; and " Month " and 
the word "year" a calendar year, unless otherwise expressed; and the ^^^' 
word "year" alone shall be equivalent to the expression "year of our 
Lord." 

Twelfth. The word "oath" shall include "affirmations" in cases "Oath "and 
where by law an affirmation may be substituted for an oath, and in hke ""™™- 
cases the word " sworn " shall include the word " affinn." 

Thirteenth. The word "person" may extend and be applied to " P^Bon." 

, T ,•,• 1 * SCush. 45. 

bodies politic and coqiorate. 4 cush. 589. 

Fourteenth. The words "preceding" and "following," when used "Preceding' 

by way of reference to any section of these statutes, shall mean the '" " ~ 

section next preceding or next following; unless some other section is 
expressly designated in such reference. 

Fifteenth. When the seal of a court, public office, or corporation, is " Seal." 
required by law to be affixed to any paper, the word " seal " shall include ' 
an impression of the official seal made upon the paper alone as well as 
an impression made by means of a wafer or of wax affixed thereto. 

Sixteenth. The word "state," when applied to the different parts of "State "and 
the United States, shall extend to and include the district of Columbia gtatel!" 
and the .several territories so called; and the words "United States" 
shall be construed to include said district and teiritories. 

Seventeenth. The word "town" may be construed to include cities "Town." 
and districts, unless such construction would be repugnant to the pro- 
vision of any statute specially relating to such cities or districts. 



and " follow- 
ing." 



52 



PUBLIC REPORTS AND DOCUMENTS. 



[Chap. 4. 



'• Will." 

'■ Written " and 
*' in wriliug." 
9 I'iek. aii 



" By-law " and 
" ordinance." 

" Sworn," as 
nppliod to pub- 
lic officers. 
Coast., ch. 0, 
art. 1. 

Amend, const. 
mt. 6. 



Eighteenth. The word " place " may mean city and town unless some 
other meaning is implied by tlie context. 

Nineteenth. The term " will " shall include codicils. 

Twentieth. The words " written " and " in writing," may include 
jirinting, engraving, lithographing, and any other mode of representing 
words and letters ; but when the written signatui'e of a person is required 
by law, it, shall always be the projier hand-writing of such iierson or, in 
case he is unable to write, his jiroper mark. 

Twenty-first. The word " ordinance," as apjtlied to cities, is synony- 
mous with the word "by-law." 

Twenty-second. The word " sworn " when applied to jnililic officers 
wlio are required by the constitution to take the oaths therein jire- 
scribed, shall be construed as referring to those oaths; and when .•iii])lied 
to other officers it shall be construed to mean sworn to tlie faithful dis- 
charge of the duties of their offices, betbre a justice of the peace, unless 
other provision is specially made. 



CHAPTEE 4. 



OF PUBLIC EEPOBTS AND DOCUMENTS. 



Section 

1. Annual reports of public officers, &c., when 
made. 

2. Certain reports to be laid before legislature 
in printed form, &c. 

3. Special reports. 

4. Number to be printed. 
6. Distribution of reports. 

6. Railroad reports to be furnished members 



Section 

of the legislature and railroad corpora- 
tions. 

7. " Public series " to be furnished under cer- 
tain acts, &c. 

8. to be furnished to towns. 

0. Penalty lor neglect under this chapter. 
10. Treasurer, .auditor, «S;c., may require their 
reports to be put in type. 



Annual reports 

of publi'- ulTi- 

cers, tVe., when 

made. 

185-, 40, §§ 1, ■■), 

4. .5, 8. 

1858, 40, §§ 1, 2. 



Certain reports 
to be laid belbre 
k-^nsbitiiri' in 
printed form, 

1857, 40, §§ 1,2,5. 
1868, 46, §'§ 3, 8. 



Special reports. 
1857,40, § 11. 



Section 1. The annual reports of public officers, boards, and institu- 
tions, which are required by law or custom to be made to the governor 
and council, the legislature, the secretary of the commonwealth, or to 
the governor to be by him transmitted to the legislature, (excejit the 
address of the governor, the annual reports of tlie treasurer, auditor, 
attorney-general, adjutant-general, board of education, board of agricul- 
ture, board of insurance commissioners, railroad corporations, the annual 
statement of the ex]>enses of the offices of the secretary, treasurer, 
auditor, and adjutant-general, .and the returns relating to births, mar- 
riages, and deaths,) shall include the year ending on the thirtieth day 
of September, and shall be sulimitted to the secretary of the common- 
wealth on or before the fifteenth day of October annually ; and all com- 
missions shall make reports at the same time and in the same manner. 

Sect. 2. The secretary shall cause such reports and tlie rejiorts of 
the auditor of accounts, the boards of education and agriculture, and 
other reiiorts which the senate and house by concurrent order direct, 
and the annual abstracts prejiared in the secret.ary's office, to be laid 
before the legislature in a printed form on the first Wednesday of Janu- 
ary annually ; but he .shall with the advice and consent of the governor 
and council omit all unneeessar)' and improjjer jiortions of such rejiorts, 
so as to reduce the printed report to a reasonable length and ]iroper 
foiTu. Such documents shall be styled the " ])ul)Iic " series of documents, 
and be numbered sep.arately from the " senate " and " liouse " series. 

Sect. .3. Public officers and boards and managers of ]nil)lic institu- 
tions shall in addition to their annual reports make special rejjorts when 
the public interest requires. 



Chap. 5.] state library and other public property. 53 

Sect. 4. There shall be printed eight thousand copies of the report Namber to bc 
of the board of education, ten thousand copies of the re]50rt of the I'lSs.'io', §§ i, g. 
board of agriculture, and two thousand copies of each of the other docu- isos, 22. 
mcnts of such public series. If the public interest requires a larger 
number of any document, the secretary may by special order direct 
additional copies to the number of one thousand ; and he shall include 
in the annual statement of the expenses of his office a list of the docu- 
ments thus ordered. 

Sect. 5. Twelve hundred copies of the reports of the boards of edu- Distribution of 
cation and agriculture shall be delivered to the secretarj' of the com- j||g'^' jt^j,; 
monwealth, and the remainder distributed as said boards resjH'ctively " 
shall direct ; and not more than three hundred copies of a ]niblic docu- 
ment shall be placed by the secretary at the disposal of the officer, board, 
or institution, whose report it is. 

Sect. 6. The annual reports of railroad corporations shall be filed in Railroad re- 
separate complete sets, and a complete set, thus filed, shall be furnished furnisi'icd^'""" 
to each member of the legislature within ten days after the beginning isss, 7. 
of the session ; and one copy of each of said reports shall be furnished '''*' *''' ^ *' 
by the secretary of the commonwealth to every railroad corporation 
established in this state. 

Sect. 7. Documents to be furnished to any person, library, associa- " Public series" 
tion, or corporation, under any act or resolve passed previous to tlie ^deVwrtaia^ 
second day of May one thousand eight hundred and fifty-seven, shall acts, &c. 
include only the " public series." All other documents printed by order ' 
of either or both branches of the legislature shall be distributed as pre- 
scribed by their rules and orders. 

Sect. 8. The secretary shall furnish annually a complete set of the to be fur- 
public series in a bound volume to each city and town in the common- towns, 
wealth, to be preserved in some public ]ilace therein, which volume shall j*^' ^'?' | ^• 
have a title page bearing the date of the year, and a brief index to the 
titles of the several documents. 

Sect. 9. Whoever wilfully neglects any duty required by this chap- penaityforneg 
ter shall forfeit ten dollars for each day such neglect continues. j^J: ^|. ^^ 

Sect. 10. The treasurer, auditor, attorney-general, adjutant-general, Tnasuror, au- 
board of education, and board of agriculture, may require any jiortion reli^iVrftiVdrre 
of their reports to be put in type previous to the first Wednesday in Jan- P<""ts to be put 
uary annually, when the same can be done consistently with the pubhc issr^M',}!. 
advantage. The governor may also require his annual address so to be 
put in type. 



CHAPTER 5. 

OF THE STATE LIBRARY AND OTHER PUBLIC PROPERTY. 

OTHER PUBLIC PROPERTY. 



state library. 
Section 

1. State library to be in the state house — 
when to be open. 

2. Three trustees to be appointed by governor 
and council. 

3. Duties of trustees. 

4. Librarian and assistAnt. 

5. Trustees and librarian may employ assist- 
ance. 

6. Books, (tc, belonging- to state to be placed 
in library. 

7. Annual appropriation for the library. 

s. Lilirarian to make report to legislature, an- 
nually. 

9. Committee to report necessary repairs, &c., 
upon state house. 
5* 



Section 

10. Charge of certain property of the common- 
wealth. 

11. Trustees, <tc., of certain Institutions to 
make inventories of stock, &c., annually. 

12. Custody of magazines, &c. Entrencliing 
tools, Arc, to be marked. 

13. Penalty for purchasing, &c., tools, Ac, 
branded. 

14. for defacing, &c., buildings, &c., belong- 
ing to state. 

'conveyances of public lands. 

15. Conveyances to be approved by governor 
and council. 



54 



STATE LIBRARY AND OTHER PUBLIC PROPERTY. [ChAP. 5. 



State library to 

be in state 

house — when 

open. 

K. S. 11, § 9. 

1819, 155, § 2. 



Tiin-o trustees 
apiH'iiiti-'l liy 
^^uviTimr, itc. 
1850, ISli, § 1. 



Duties of trus- 
tees. 

K. S. 11, 5 11. 
1S50, 1>;2,§§ 1,2. 
1850, 315. 



Librarian and 
assistant. 
ItHS), 13.5, § 1. 
185U, W. 



Trustees and 
librarian may 
employ assist- 
ance. 
Resolves, 
1857, 49, § 2. 
Books, &(!., be- 
longino; to st;ite 
to be placed in 
library. 
K. S. 11, § 10. 
1849, 155, § 2. 



Annual appro- 
priation for li- 
brary. 
E. S. 11, § 12. 

1850, 182, § 1. 
Resolves 

1857, 49, § 1. 

1858, 2. 

Librarian to re- 
port to legisla- 
ture. 

1819, 155, § 3. 
See Ch. 4. 



STATE LIBRARY. 

Section 1. There shall be in the state house a state library for the 
use of the governor, lieutenant-governor, council, senate, house of rep- 
resentatives, and such officers of the government, and other persons,- as 
may be jjermitted to use the same, to be kept open every day except 
Sundays and public holidays. 

Sect. 2. The library shall be under the management and control of 
three trustees appointed by the governor by and with the advice and con- 
sent of the councU, who shall hold their offices for three years unless 
sooner removed. The trustees now in office shall hold their offices 
according to the tenor of their commissions unless sooner removed. 

Sect. 3. The trustees shall sujierintend the library, sell or otherwise 
dispose of such books belonging thereto as they deem unsuitable for its 
purposes, see that its apartments are proj)erly prepared for the accom- 
modation of persons permitted to use the same ; and make and enforce 
such rules for its regulation as they think proper. 

Sect. 4. The secretary of tlie board of education shall be lilirarian. 
He may appoint an assistant, who as assistant hbrarian and clerk of the 
board of education shall receive an annual salary of fifteen hundred 
dollars payable quarterly out of the treasury of the commonwealth. 

Sect. 5. The trustees and librarian, at an expense not exceeding five 
hundred dollars, may employ such assistance as is necessary tor the 
accommodation of visitors, for the protection and care of the library, 
and for the performance of any labor the librarian may require. 

Sect. 6. All books, laws, maps, documents, and other publications 
belonging to the state and for public use, except such as b)- order of the 
respective departments of the government are now i-etained in the sen- 
ate chamber, in the hall of tlie house of representati\es, and in the 
department of the secretary of the commonwealth, shall be deposited 
and suitably arranged in the library, and shall be under the care of the 
librarian. 

Sect. 7. Twenty-three hundred dollars shall be annually appropri- 
ated for the library, and expended under the direction of the trustees 
and librarian in purchasing or otherwise procuring such books, maps, 
charts, and works, as they deem most useful, in binding and keejjing in 
good condition the works therein, and in pm-chasing furniture and other 
necessary conveniences therefor. 

Sect. 8. The librarian shall annually report to the legislature the 
receipts and expenditures on account of the library, with a list of books, 
maps, and charts, lost, missing, or acquired, since the last report, speci- 
fying those obtained by exchange, donation, or purchase ; and shall in 
his report make suggestions tor the improvement of the library. 



Committee on 
state house, &c. 
1857, 65, § 1. 



Charge of state 
property. 
R. S. 11, §§1-3. 
18.-S9, 72. 
1852, 275. 
185:!, 318. 
183.), 442. 
183'i, 247. 
Resolves 
1838, 70. 



OTHER PUBLIC PROPERTY. 

Sect. 9. There shall be annually appointed by the senate and house 
of representatives, a joint standing committee on the state house, con- 
sisting of two members of the senate and five of the house, wlio shall 
report to the legislature what repairs and im]irovements are necessary 
to be made in and upon the state house and the grounds connected 
therewith, together with an estimate of the expenses. 

Sect. 10. The state house and lands appurtenant in Boston, the 
state arsenal at Cambridge, the state prison at CharlestoT\ni, the state 
lunatic liosjiitals at Worcester, Taunton, and Northain])ton, the hospital 
at Rainsford Island, the state refomi school at Westliorough, the indus- 
trial school for girls at Lanciister, the state almsliouses at JNIoiison, 
Tewksbury, mid Bridgewater, tlie state normal schools at Framingham, 
Westfield, Bridgewater, and Salem, and other property of the conuuon- 



Chap. 5.] 



ELECTIONS. 



55 



wealth, shall continue in charge of the persons designated by the several 
laws in relation thereto. 

Sect. 11. The trustees or inspectors of each state lunatic hospital, 
state almshouse, the hospital at Kaiusfonl Islanil, reform school for boys, 
and industrial school for girls, shall annually on tlie thirtieth day of Sep- 
tember, cause to be made an accurate in\entory of the stock and su]i]ilics 
on hinid, and the value and amount thereof; at such institution, under 
the following heads : 

Live stock on the farm ; produce of the farm on hand; carriages and agricidtural 
implements ; machinery and mechanical fixtures ; beds and bedding ijj the inmates' 
department ; other furniture in the inmates' department ; personal property of the state 
in the superintendent's department ; ready-made clothing ; dry goods; provisions and 
groceries ; drugs and medicines ; fuel ; library. 

Sect. 12. Public magazines, munitions of war, entrenching tools, 
and all other implements of war belonging to the commonwealth, shall, 
when not in actual use, be in the custody of the adjutant-general ; he 
shall at the jniblic expense also provide suitable phices for their safe 
keeping, and shall have the care and management of all lands Iield by 
the commonwealth for military usas. Such tools and implements shall 
be designated as the property of the commonwealth by suitable jiernia- 
nent brands or marks on each of them. 

Sect. 13. Whoever purchases, retains, or has in his possession, any 
tool or implement so marked or branded, and not delivere<l to him by a 
person thereto authorized, shall be ])unished by fine not exceeding ten 
times the value of such tool or implement. 

Sect. 14. Whoever wilfully defaces, mars, or injures, the walls, 
wainscoting, or any other part, of tlie state house, or other building, or 
the appurtenances thereof, belonging to the commonwealtli, by cuttinu, 
writing, or in any other manner, shall for each oifence forfeit a sum not 
less than live dollars. 



1853, 49. 
1S54, 52. 

Trustees, &c., 
of certain insti- 
tutions to make 
iuvcutories &c. 

n-ra, i;r, § 2. 
See Ch. 71, 
S« 2«, 54. 
Ch. 73, § 0. 
Ch. 75, § 25. 
Ch. 70, § 7. 



Custody of 

maj^aziues, &c. 

Tools, &c., to bo 

marked. 

K. S. 11, §§ 0, r. 



Penalty for pur- 
chasiu'-", ,te., 
tools, Src, 
hrandeci. 
1!. S. 11,§ 7. 

for defacing, 
A'C, buildinj^s, 
&<•., of the state. 
1!. .S. 11, § S. 
See Ch. H, § 53. 



CONTETAlfCES OF PTTBLIC LANBS. 

Sect. 15. All conveyances of land or flats of the commonwealth conveyances, 
shall be subject to the approval of the govei-nor and council. S,'^^!°'""'' 



TITLE II 



OF ELECTIONS. 



Chaptkr 6. —Of the Qualifications of Electors. 

Chapter 7. — Of the manner of conducting Elections and returning Votes. 

Chapter 8. — Of the Election of Governor and other State Officers. 

Chapter 9. — Of the Election of Representatives in Congress and Electors 

of President and Vice President. 
Chapter 10. — Of the Election of District and County Officers. 



56 



QUALIFICATIONS OF ELECTORS. 



[Chap. 6. 



CHAPTER 6, 



OF THE QUALIFICATIONS OF ELECTORS. 



Section 

1. Qualifications of voters at tovra, county, 
and otlier clcctious. 

2. Collectors of taxes to keep a list of persons 
who have paid their taxes, and upon request 
to give receipts. 

3. Collectors to return lists to selectmen twice 
a year. 

4. Penalty for neglect, and for a false return. 

5. Mayor and aldermen and selectmen to make 
and post up lists of voters. 

C. to be in session for receiving evidence of 
qualifications, and to give notice thereof. 



Section 

7. Sessions of mayor and aldermen and select- 
men in places where voters exceed one thou- 
sand. 

8. Provisions as to correcting lists of voters. 

9. N.tturalizatioa papers to be produced for 
inspection. 

10. Penalty for giving false answers. 

11. Mayor and aldermen and selectmen, when 
not answerable for omissions. 

12. Penalty for wilful neglect by city or town 
officers. 



Qualifications 
of voters at 
town, county, 
and other elec- 
tions. 

Amend, const, 
art. :l, ao, 23. 
H. S. 3, § 1. 
II Pick. .5:!8. 
5 Met. 1U2, 298, 
591. 
7 Gray, 299. 



Collectors of 
taxes to keep 
list of persons 
who h.ave p.aid 
taxes, and to 
give receipt. 
R. S. 3, § 2. 



Collectors to re- 
turn lists to se- 
lectmen twice a 
year. 

Amend, const, 
art. 15. 
R. S. 3, § 3. 
City charters. 
4 Pick. US. 
7 Pick. 286. 



Penalty for neg- 
lect and for 
false return. 
E. S. 3, § 4. 

Mayor and al- 
dermen and se- 
lectmen to 
make and post 
up lists of vo- 
ters. 

Amend, const, 
art. 15. 
R. S. 3, § 5. 



to be in ses- 
sion for receiv- 
ing evidence of 
qualifications, 
and to give no- 
tice thereof. 
R. S. 3, § i;. 
10 Cush. 143. 



Section 1. Every male citizen of twenty-one years of age and 
upwards, (except paupers, persons under guardianshiji, and persons 
excluded by articles twenty r.nd twenty-three of the amendments to the 
constitution,) who has resided witliin the state one year, and within the 
city or town in which he claims a right to vote six months next ]neced- 
ing any election of city, town, county, or state officers, or of rcjiresenta- 
tives to congress, or electors of president and vice-president, and who 
has paid, by himself, his parent, master, or guardian, a state or county 
tax assessed upon him in tliis state within two years next jireceding 
such election, and every citizen exempted from taxation but otherwise 
qualified, shall have a right to vote in all such elections; and no other 
person shall have sucli right to vote. 

Sect. 2. The collectors of state and county taxes in each city and 
town shall keep an accurate account of the names of all jiersons from 
whom they receive payment of any state or county tax, and of the time 
of such pajanent; and upon request shall deliver to the person Jiaying 
the same a receipt sjiecifying his name and time of payment ; and such 
receipt shall be admitted as presumjitive evidence thereof. 

Sect. 3. Tlie collectors, whether the time for which they were 
chosen has expired or not, shall twice in each year, namely, once not 
more than twenty nor less than fifteen days before the annual city or 
town elections, and once not more than twenty nor less than fifteen 
days before the Tuesday next after the first Monday in November, 
return to the mayor and aldermen and selectmen of their respective 
cities and towns, an accurate list of all persons from whom they have 
received pajnnent of any state or county tax subsequently to the time 
appointed for making their last preceding return. 

Sect. 4. Every collector neglecting to make such return shall forfeit 
one hundred dollars for each neglect ; and twenty dollars for every 
name in respect to which he makes a lalse return. 

Sect. 5. The mayor and aldermen and selectmen of cities and towns 
shall, at least ten days before the annual city and town elections and at 
least ten days before the Tuesday next after the first Monday in Novem- 
ber annually, make correct alphabetical lists of all the persons qualified 
to vote for the several officers to be elected at those jjeriods, antl shall 
at least ten days before said elections cause such lists to be posted up 
in two or more jiublic places in their resjiective cities and towns. 

Sect. 6. Tlie mayor and aldermen and selectmen shall be in session 
at some convenient place for a reasonable time, within forty-eight hours 
next preceding all meetings for the elections of the officers aforesaid, 
for the pur])ose of receiving evidence of the qualifications of persons 
claiming n right to vote in such elections, and of correcting the lists of 
voters. Such session shall be holden for one hour at least before the 



Chap. 7.] conducting elections and returning votes. 



57 



opening of the meeting on the day of the election, and notice of the 
time and place of liolding the sessions shall be given by the mayor arid 
aldermen and selectmen upon the lists posted up as aforesaid. 

Sect. 7. In everj- place where tlie nundier of qualified voters exceeds 
one thousand, a like session of the mayor and aldermen or selectmen 
shall be holdcn on the day immediately preceding the meeting, and for 
as nuich longer time previous to saiil day as they judge necessary for 
the pur])ose aior(?said. When the day immediately jireceding sucli meet- 
ing is Sunday, such session shall be holden on tlie Saturday preceding. 

Sect. !s. The selectmen shall also enter on such lists the name of 
any jierson known to them to be qualified to vote, and shall erase there- 
tiom the name of any person known to them not to be qualified. 

SixT. 9. The mayor and aldermen and selectmen before entering 
u])on the lists the name of a naturalized citizen, shall require liim to 
])roduce for their insjiection his pa])ers of naturalization and be sati.stied 
that he has been legally naturalized; but they need not require the pro- 
duction of such jiapers alter they have once examined and passed upon 
them. 

Sect. 10. Whoever gives a false name or a false answer to the 
mayor and aldermen or selectmen when in session for the purposes 
aforesaid, shall foi-feit the sum of thirty dollars for each oifence. 

Sect. 11. The mayor and aldermen and selectmen, if they have 
duly entered on said lists the names of all persons returned to them by 
the eollecturs, shall not be answerable for any omissions therefrom. 

Sect. 12. A city or town oflicer who wilfully neglects or refuses to 
perform any duty required of him by the provisions of this chapter, shall 
for each offence forfeit a sum not exceeding two hundred doUars. 



CHAPTER 7. 



Sessions in pla- 
ces whoro vt)t- 
ors exci'od oue 
thousand. 
K. S. 3, § 7. 



rorrectiiig lists 
of voters. 
is;u>, 4?, ^ 4. 
ls:Jii, 105, § 3. 

Naturalization 
papers to be 
Itripduced &c. 
Amend, const., 
art. Zi. 
lSi>5, 410. 



Penalty for giv- 
ing- false an- 
swers. 
1{. S. 3, § 8. 

Selectmen, &c., 
when not aii- 
swemble. 
K. S. 3, § 9. 

Penalty for 
neg-loct, ttc, by 
tO'.vn officers. 
K. S. 4, § 11. 
183U, 4-J. § I). 
7 Greeul. 411. 

I Kast jtvj. 

II Johns. IH. 

I N. H. S8. 

II S. &K.;i5. 
11 Mass. 350. 



OF THE MANNER OF CONDUCTING ELECTIONS AND RETURNING VOTES. 



Section 

1. Elections not to be held on days desig^iated 
by law for military duty. 

2. Meetings, when to be opened. Selectmen, 
&c., to decide whether olficers shall be vot- 
ed for on one or on separate ballots. 

3. Meetings, how called, time to be kept open. 

4. Secretary of commonwealth to provide en- 
velopes. 

5. City and town clerks to procure envelopes 
from secretary. 

6. Selectmen and ward officers to pro\ide en- 
velopes at polls on the day of election. 

7. Persons fraudulently obtaining envelopes 
liable to a fine. 

8. Selectmen to preside at elections. 

9. Presiding officers at elections to have a list 
of voters and check names. 

10. Selectmen wlien not answerable for refus- 
ing to receive votes. 

11. Moderator shall receive votes of all persons 
on lists, and may refuse all others. 

12. Manner of depositing votes, &c. 

13. Votes when to be rejected, &c. 

14. Results of elections, how determined. No 
choice in certain cases. 

15. Selectmen and ward officers to count votes. 

16. Mayor and aldermen and clerk to examine 
returns, and if faulty require new returns. 
Otiier regulations. 

17. City and town clerks to make returns of 
votes to secretary, &c. 



Sectiox 

18. Uetums by mail. 

19. When return is unsealed, secretary to give 
notice to returning officers, who shall tranB- 
mit a sealed copy. 

20. Secretary to furnish blanks, &c., to cities 
and towns. 

21. to record date of receiving returns, &c. 

22. Votes for governor, &c., by whom exam- 
ined. 

23. Governor to certify examination of returns 
for governor, &c. 

24. Envelopes and returns to be preserved, and 
with certificate, &c., laid before legislature. 

25. Votes for county commissioners, by whom 
examined. Penalty for neglect. 

26. Board to file copies in clerk's office. Pen- 
alty for neglect. 

27. Votes for county treasurer and register of 
deeds, by whom examined. 

28. Penalty for voting if not qualified. 

29. for giving more than one ballot. 

30. for giving false answers. 

31. for attempting to iuflucnce voters by 
bribery or threats. 

32. for aiding unqualified persons to vote. 

33. for disorderly conduct at elections. 

34. on town or city officers for neglect of 
duty. 

35. on clerks neglecting to return votes. 

36. Elections in cities. 



58 



CONDUCTING ELECTIONS AND BETURNIXG VOTES. [ChAP. 7. 



Elections not to 
be liohl on days 
(lesigniitod Ihr 
military duty. 
1!. S. -i, §1. 
Sleetiugs, when 
to be opened. 
< JfRcers to be 
voted for on 
one or on sepa- 
rate ballots, 
l.'yll, 70. 



Moctin^fs, how 
called, time to 
be kept open. 
K. S. 15, § I'J. 
C-ity charters. 
1831), 4:;, § ■-'. 
ls;j',J, ICS, § a. 

issr,.^. 

See Ch. y, § 10. 



Secret.ary of 
commonwealth 
to provide enve- 
lopes, 

lISol, a2(i, § 2. 
lSo:j, M, § 2. 



Clerks to pro- 
cure enveloi)es 
from secretary. 
l»ol,22ii, § :j. 
1S53, 30, § 2. 



Selectmen &c. 
to provide enve- 
lopes at polls. 
1S51, 220, §3. 
lta:i, 30, § 2. 
It^li, ir3, § 10. 



Fraudulently 
obtaining' envo- 

lO)). 8. 

ISO 1,220, §7. 



Selectmen to 
preside. 
Const., l,§2,art. 
2: 2, § l,art. 3; 
2, § 2, art. 1. 
Amend, const. 
art. 10, 17. H. S. 
5, §« — 0, SIO. 
— 15, §20. 
lS.i7, 171,211. 
Presiding; offi- 
cers to have list 
&c. 

R. S. 4, § .■?. 
lS.3n, 42, § .5. 
12 Pick. 4.1.5. 
Selectmen when 
not answerable 
for relusing 
votes. 
R. .S. .3, § fl. 
6 Met. 2ns. 
Votes, what 
shall be/e- 
ceived. 
R. .S. 3, § 10. 



bow deposit- 
ed. 



Section 1. No meeting for the election of national, state, district, 
county, city, or town officers shall be held on a day upon which the 
militia of the commonwealth are by law required to do militar}- duty. 

Sect. 2. Meetings for the election of national, .state, district, and 
county officers may be opened as early as nine o'clock in the forenoon, 
and shall be opened as early as two o'clock in the afternoon of the elec- 
tion <lay ; and the mayor and aldermen and selectmen shall decide 
whether such officers shall be voted for on one ballot of at the .same time 
on separate ballots, and shall give notice thereof in the warrant calling 
the meeting. 

Sect. 3. Such meetings in towns shall be called by the selectmen in 
the manner ordered by the towns, and in cities according to tlie jirovis- 
ions of the acts establishing them and the acts in addition thereto ; 
and the warrant for notifying sncli meetings .shall s]iecify the time when 
the ]K)lls for the choice of the several officers shall be ojiened, and the 
same shall be kept open at least two hours, and in towns for such longer 
time as a majority of the voters present shall by vote direct ; but in no 
case shall the polls be ke))t o]3en after the hour of sunset. 

Sect. 4. The secretary of the commonwealth shall jirovide and keep 
constantly in his office a sufficient number of .self-sealing envelopes to 
supply all the voters in the commonwealth, and shall furnish the same 
to the clerks of tlie several cities and towns when ap]ilied lor. Such 
envelopes shall be of uniform size and color and bear the arms of the 
commonwealth, and no other envelopes .shall be used at the jiolls. 

Sect. 5. The city and town clerks shall obtain from the secretary 
such number of envelopes as may be sufficient to meet the wants of the 
voters of their respective cities and towns, and keep the same subject 
to the order of the selectmen of towns, or the wardens and inspectors 
of cities. 

Sect. 6. The ward offi'cers in each city and the selectmen of each 
town shall obtain from the city or town clerks and provi<le at the jiolls 
on the day of election a sufficient number of such envelopes, and supply 
each person claiming to be a voter in said city or town, on his personal 
a]))5lication, with such number as the pending election may require, and 
return to the clerk all envelopes not used. 

Sect. 7. Whoever wilfully claims to be a voter, knowing that he is 
not a voter where the claim is made, and by reason thereof fraudulently 
obtains an envelope from the ]iersons having the custody of the same on 
the day of the election, shall be liable to a fine of not less thaii ten nor 
more than fifty dollars. 

Sect. 8. At town meetings for the election of national, .state, dis- 
trict, and county officers, the selectmen shall preside ; and shall have all 
the powers which are vested in moderators. 

Sect. 9. The presiding officers at meetings held for the election of 
town or other officers, shall be ])rovided with a comjilete list of the per- 
sons (jualified to vote at such election ; and no person shall vote at an 
election whose name has not been jireviously placed on such list, nor 
until the ]iresiding officers find and check his name thereon. 

Sect. 10. The selectmen .shall not be answerable for refusing the 
vote of any person whose name is not on the list of voters, unless such 
person before offering his vote furnishes them Avith sufficient evidence 
of his having the legal qualifications of a voter at such meeting, and 
requests them to insert his name on said list. 

Sect. 11. The moderator of a town meeting shall receive the votes 
of all persons whose names are borne on the list of voters :is certified 
by the selectmen ; and shall not be answerable for refusing the vote of 
a jjerson whose name is not on said list. 

Sect. 12. No vote shall be received by the presiding officers at any 
election provided for in this chapter, unless presented for deposit in the 



Chap. 7.] conducting elections and returning votes. 59 

ballot box by tlie voter in person in a sealed envelope, or open and K.s. 4, §4. 
untblded, and" so that such officers can know Imt one ballot is jiresented. Iss'i'liliif §%. 

Sect. 13. Votes for ditterent persons tor the same office found in one n^'^sii, h. 
envelope shall not be counted, and it more than one vote tor the same vdich wium to 
person tor the same office is found in one enve!o]ie, but one such vote j^^^-'Jf "',' *"■ 
shall be counted, and no vote shall be counted which does not clearly i»54^5'j^§ 1. 
indicate in writing the office for which the person voted for is designed, 
except when but one officer is voted for. 

Sect. 14. In all elections of civil officers by the people, the person Results of eioc- 
or persons having the highest number of votes shall be deemed and ff.'™j'„'^.°il'' ''*'' 
declared to be elected; but no persons receiving the same number of Amend. const. 
votes shall be deemed to be elected, if thereby a greater number would issn, \h, §§ 1,3. 
be elected than required by law. ^^^' ^^• 

Sect. 15. The votes in elections for national, state, county, and dis- .soipotmon and 
trict officers, shall be received, sorted, and counted, by the selectmen, (.olli^t"™,!,'.!'* '" 
and by the ward officers, and public declaration made thereof in o]ien i^ar, i7i, §5 1,2. 
town and ward meetings. The names of persons voted for, the number see'ch-9>§§ ••; 
of votes received for each person, and the title of the office for which he i~- 
is ]iro]iosed, shall be entered in wonls at length by the town and ward 
clerks in their records. The ward clerks shall forthwith deliver to the 
city clerks certified copies of such records, who shall forthwith enter 
the same in the city records. 

Sect. 16. The mayor and aldermen and the clerk of each city shall Jinyor and ai- 
forthwith after an election examine the returns made by the returning I'li.'.'k'toraam- 
officers of each ward in such city, and if any error ajipears therein they jne roturns and, 
shall forthwith notify said wartl officers thereof, who shall forthwith newrctilrns!"^ 
make a new and additional return, under oath, in conformity to truth, I-*'"''' ''''S"'»- 
which additional i-eturn, whether made upon notice or by such officers l^o^'2oo, § 1. 
without notice, shall be received by the mayor and aldermen or city ®'^" '^^' '•*' ^ '^" 
clerk at any time before the expiration of the day preceding that on 
which by law they are required to make their returns or.to declare the 
results of the election in said city ; and all original and additional 
returns so made shall be examined by the mayor and aldermen and 
made part of their returns of the results of such election. In counting 
the votes in an election no returns shall be rejected when the votes 
given for each candidate can be ascertained. 

Sect. 17. City and town clerks shall within ten days from the day City and town 
of an election for governor, lieutenant-governor, councillors, senators, rot'uruiloi'voics 
secretar)', treasurer and receiver-general, auditor, attorney-general, rej)- „ "i'°l4*"rf '*"■ 
resentatives in congress, commissioners of insolvency, .sheriffi*, registers 44', 161, io>. '' 
of probate and insolvency, district-attorneys, or clerks of the courts, }J|!J' f^> 5 ^• 
transmit copies of the records of the votes, attested by them, certified is-wlna, §2. 
by the mayor and aldermen or selectmen, and sealed \i]\ to the secretary JJ^I-'j'^ \\]^ 5^ j 2. 
of the commonwealth; they shall in like manner within ten days after "^5',' •*.''• 
an election for county treasurer or register of deeds, transmit such copies See Ch.'9,§ 'laT 
of the records of the votes to the county commissioners ol" their several 
counties ; and within seven days after an election for county conmiis- 
sioners, transmit such copies of the records of the votes to the clerks of 
the courts for their several counties ; but in Suffolk the return of votes 
for register of deeds shall be made to the board of aldermen of Boston, 
and in Chelsea, North Chelsea, and Winthrop, the returns of votes for 
county commissioners shall be made to the clerk of the coin-ts for the 
county of jNIiddlesex. Or within three days after such elections, such 
clerks may deliver such copies, sealed uji, to the sherifts of their sevcr.il 
counties, who within seven days after receiving them shall transmit 
them to the office of the secretary, and to the county commissioners, 
board of aldermen, and clerks of courts, as severally above designated. 

Sect. 18. Proof that a return of votes was properly directed to the Rrtnrns by- 
person to whom it was required to be transmitted or delivered, and 1,-5..,' 250, §2. 



60 CONDUCTING ELECTIONS AND RETURNING VOTES. [ClIAP. 7. 

mailed -within forty-cirjht lionrs after closing the polls, shall be a bar to 

any complaint for delincpiency. 

When rchim is Sect. 19. When a return of votes from a city or town is received at 

"liy to'giv^c^io- the office of the secretary of the commonwealth not sealed up as l)y law 

ti«-toreturnmff required, he shall forthwith give notice thereof to the returning officers; 

shall transmit a wlio upou the receipt of such notice shall make a copy of their record 

?!;'-'.','^o™?''7,', of the votes at said election and transmit the same, certified bv them 
i^-it aoy, § 2. -, - , , , ' .111 

under oath to be coiTect, to the secretary, sealed uji as retiuire(l l)y law 

in the case of original returns. If such copy is received by the secre- 
tary before the day on which by law tlie returns are to be opened and 
the votes counted, and if ujion o]iening said co]\y liy the governor and 
council, the legislature, or any person authorized so to do, the original 
return is found in substantial conformity therewith, it shall not be 
rejected because of informality. 
SoiTotarj-tofur- Sect. 20. The secretary shall annually furnish to the several clerks 
todtie^^uui'^"'' of tlie cities and towns blank forms and envelopes for all returns <if votes 
towus. required to be made to his office, with such ])riiiteil directions on the 

iiesofves, 180?, envelopes as he deems necessary for the guidance and direction of such 
1- officers in making the returns according to law. 

to record date Sect. 21. A memorandum of the date of the reception of all returns 
of receiving re- of votcs at the Secretary's office shall be made at said office on the 

turns, &c. , . . , -^ -, . ,, • T 1 , , . 

issr, 295, §2. envelopes contaunng them; and it a return required to be sealed up is 
received unsealed, the secretary shall make a memorandum of such fact 
upon said return. 
Votes for gov- Sect. 22. The secretary upon receiving such returned cojiies shall 
whom exiuu-^ transmit them as received with their seals unbroken to the governor and 
iiied. council ; and the governor with live at least of the council shall as soon 

liTi^art.'s"' 3S may be, examine them ; and he shall issue his summoi*s to such per- 
Amend. const, gons as appear to be chosen to the offices of governor, lientenant-gov- 

art. Iti 17 ly . ^ . V 

K. s. 5', §1. ernor, councillors, secretary, treasurer and receiver-general, auditor, 
\i'rf'^.^Jt,,r. attornev-seneral, and senators; and to such persons as appear to be 

IbSO, 17j, §§4,10. •' '^ ^ r' ■ ■ i- • 1 1 -ii- 

cliosen members 01 congress, commissioners ot insolvency, shentis, regis- 
ters of probate and insolvency, district-attorneys, and clerks of the 
courts, he shall forthwith transmit a certificate of such choice signed by 
the governor and countersigned by the secretary, 
how ccrtiiied. Sect. 23. The governor shall in the presence of at least five council- 
m"™?' '^""***' ^ors make and subscribe a certificate of the examination of the ret^ns 
1857, 295, §3. of votes for governor, lieutenant-governor, and councillors, required by 
article sixteen of the amendments of the constitution, and of the result 
of said examination. 
Envelopes, &c., Sect. 24. After such examination, the returns shall be rejilaced in 
!in('i"i!mi'"bciSre' their respective envelopes, which with the returns and such certificate 
legislature, &c. the govemor shall deliver to the secretary, and the secretary on the first 
.irt.'Yr.. ■'•"''■ ■Wednesday of January shall lay the same, together with schedules 
is:j7, ^95, §4. showing the number of ballots which apvtear to have been cast for each 

person voted for, before the senate and house of re]iresentati\'es. 
Votes for coun- Sect. 25. On the first Wednesday of the month succeeding an elec- 
ers^'y'whom' t'o" ^or countv commissioner, the board of examiners for the county for 
examined. Pen- which the election was held shall meet; and the clerk of the courts shall 
It's. i4,"§f ir, * present the returned copies of votes at such election; and the board 
IN 28^ shall open and examine them and notify the person chosen of his elec- 

1:! Gray, S3. tion. If such board or clerk wilfully neglects to perform any duty 
required of them under this section, each of them so neglecting shall 
forfeit a sum not exceeding two humlred dollars. 
Hoard to file ^ Sec't. 26. The board shall within three days after such examination 
oK.'* "penalty^ file sucli copies in the office of the clerk; and any one of them wilfully 
for neglect. detaining in his custody such a co|iy three days after the time for filing 
' ' it has expired shall forfeit fifty dollars and the same sum for each suc- 

ceeding day of such detention ; and the clerk shall notify the attorney- 
general of every neglect so to file, and every such detention. 



Chap. 8.] conducting elections and returning votes. 



61 



Sect. 27. County commissioners shall, on the first Wednesday of voten for coun- 
January after an election for county treasurer or register of deeds in *ei[^tcr"or '""* 
their county, open and examine the returned copies of votes at such dowis, how cx- 
election, and notify the person chosen of his election; but in Suftblk the k. s. li, §§«, 
board of aldermen of Boston, within ten days after an election for regis- JJ"i, ^^„f 
ter of deeds for said county, shall so open and examine the votes of Amend. § 3. 
such election, and notify the person chosen. J^;^| ui, 5*4. 

Sect. 28. Whoever knowing that he is not a qualified voter at an ^ pray, m. 
election wilfully votes for any officers to be then chosen, shall forfeit a in't,°'*if notquai- 
sum not exceeding one hundred dollars for each offence. 'j^*^^- ^ . g 

Sect. 29. If a voter knowingly gives more than one ballot at one y Jii't.L'i'vs.' 
time of balloting at an election, he shall forfeit a sum not exceeding one mire tiian one 
hundred doUars. ballot. 

Sect. 30. Whoever wilfully gives a false answer to the selectmen or for givinj,' 
moderator presiding at an election, shall forfeit for each oflence a sum g'*! i|"r™"" 
not exceeding one hundred dollars. r ke't. 52. 

Sect. 31. Whoever by bribery, or threatening to discharge from his forattempt- 
emplo}Tnent, or to reduce the wages of^ or by a promise to give employ- "fprs by^Urib^s 
ment or higher wages to, a person, attcmjits to influence a qualified voter or tureats. 
to give or witlihold his vote in an election, shall be jjunished by fine not 
exceeding three hundred dollars or by imprisonment in the county jail 
or house of correction for a term not exceeding one year, or both, at the 
discretion of court. 

Sect. 32. Whoever wilfully aids or abets any one, not legally quali- 
fied, in voting or attempting to vote at an election, shaU forfeit a sum 
not exceeding fifty dollars for every such offence. 

Sect. 33. Whoever is disonlerly in a meeting held for an election 
mentioned in this chajster, shall forfeit a sum not exceeding twenty 
dollars. 

Sect. 34. If a city or town officer wilfully neglects or refuses to 
perform the duties required of him respecting elections by the provisions 
of this chapter, he shall for each ofience forfeit a sum not exceeding two *'=<' ^^- 6. § i^. 
hundred dollars. 

Sect. 35. The clerk of any city or town who fails to make return of on clerks, 
the votes given therein in confi)i-mity with the provisions of law, shall i^^^o, 250, § 1. 
be liable to a fine of not less than five and not more than fifty dollars. 

Sect. 36. Elections in cities shall be conducted according to the Elections in 
])rovisions of the acts establishing them and of the several acts in addi- e' §^4, 5 12. 
tion thereto, so far as they are not inconsistent with the provisions of 
this chapter 



for .lidinij un- 
qualified per- 
sons to vote. 
K. S. 4, § U. 

for disorderly 
conduct. 
K. S. 4, § 10. 
10 Mass. 3So. 

on town offi- 
cers for uejjlect 
of duty. 



CHAPTER 8, 



OF THE ELECTION OF GOVERNOR AND OTHER STATE OFFICERS. 



governor, &c. 
Section 
3. Election of governor and other state offi- 
cers. 

COUNCILLORS. 

2. Division of commonwealth into cooucillor 
districts. 

3. Districts, bow constituted. 

SENATORS. 

4. Division of commonwealth into senatorial 
districtH. 

5. Districts, how constituted. 

6. Apportionment of representatives. 

6 



representatives in the general court. 

Section 
7. "Warrants for mooting to state number of 

representatives to be voted for. 
8- In a town constituting: a district, repeated 

ballotings may be had on same day. 
9. Proceedings in case of failure to elect in 

district contained in one tovm or city. 

10. Selectmen and town clerks, &e., in com- 
posite districts to prepare, &c., transcript 
of record of votes. 

11. Officers apportioning- representation to des- 
ignate place for clerks to meet and ascer- 
tain result of election. 



62 



COUNCILLORS AND SENATORS. 



[Chap. 8. 



Seotiox 

12. Clerks oftowus, &c., in composite districts 
to meet and ascertain result of election. 

13. Clerks to return and record votes of dis- 
trict. 

14. Proceeding's in case of failure to elect in 
composite districts. 

15. Certificates of election in single districts. 

16. in composite districts. 

17. Form and return of certificate of election. 



Section 

18. Proceedings in case of vacancy. 

19. Secretary to furuisli blanks. 

20. Penalty on officers refusing to perform 
duties. 

21. on selectmen, giving false certificate. 

22. on clerks for signing false certificate. 

23. Compensation of city and toivn officers. 

24. Appointment of clerk, pro tempore. 



Klection of gov- 
ernor and other 
state ofiBcers. 
Constitution : 
I, § a, art. 1. 

1, § 3, art. 1,2,3. 

2, § 1, art. 2, 3. 
2, § 2, art. 1. 
Amend, const, 
art. 15, l(i, 17, 
21, 22. 
Division of 
commonwealth 
Into councillor 
districts. 
Amend, const, 
art. 1(1. 

lS5li, 307, § I. 
ISSr, 310. 
liistricts, how 
constituted. 
1S5,-, 310. 
District No. 1. 
District No. 2. 
District No. 3. 



District No. 4. 

District No. 5. 

District No. 6. 

District No. 7. 
District No. 8. 



GOVERNOR, &C. 

Section 1. The governor, lieutenant-governor, councillors, secretary, 
treasurer and receiver-general, auditor, attorney-general, and senators 
and representatives in the general court, shall be elected annually on 
the Tuesday next after the first Monday of November, as prescribed in 
the constitution. 

COtTNCILLORS. 

Sect. 2. For the choice of councillors the commonwealth is divided 
into eight districts, as provided in the following section, each of which 
shall in the manner prescribed by the constitution and laws elect one 
councillor. 

Sect. 3. The five senatorial districts in the county of Suffolk consti- 
tute District Number One. 

The five senatorial districts in the county of Essex constitute District 
Number Two. 

The first, second, fourth, fifth, and sixth senatorial di.striets in the 
county of Middlesex, constitute District Number Three. 

The Franklin senatorial district, the Hampshire and Franklin district, 
and the central, north-east, and north-west districts in the county of 
Worcester, constitute District Number Four. 

The two senatorial districts in the county of Hampden, the two sen- 
atorial districts in the county of Berkshire, and the Hampshire district, 
constitute District Number Five. 

The north Norfolk senatorial district, the third Middlesex district, 
and the east, south-east, and south-west districts in the county of 
Worcester, constitute District Number Si.x. 

The west and east Norfolk senatorial districts and the three senato- 
rial districts in the county of Bristol, constitute District Number Seven. 

The three senatorial districts in the county of Plymouth, the Cape 
district, and the Island district, constitute District Number Eight. 



Division of 
commonwealth 
into senatorial 
districts. 
Amend const., 
art. 22. 

isar, 309, § 1. 

Districts, how 

constituted. 

1S57, 3011, §§ 2- 

i:t. 

l''irst Suffolk. 

.Second Sullblk. 

Third Suffolk. 



Fourth Suffolk. 
I'ifth Suffolk. 



SENATORS. 

Sect. 4. For the choice of senators the commonwealth is divided 
into forty districts, as provided in the folloT\-ing section, each of which 
shall in the manner prescribed by the constitution and laws elect one 
senator. 

Sect. 5. The city of Chelsea, the towns of North Chelsea and Win- 
throp, and the ward numbered two in the city of Boston, constitute the 
First Sutiblk District. 

The wards numbered one, three, and five, in the city of Boston, con- 
stitute the Second Suffolk District. 

The wards numbered four, six, and seven, in the city of Boston, 
constitute the Third Suffolk District. 

The wards nuiiibered eight, nine, and ten, in the city of Boston, con- 
stitute the Fourth Suff()lk"District. 

The wards numbered eleven and twelve in the city of Boston, consti- 
tute the Fifth Suffolk District. 



Chap. 8.] senators. C3 

No new divisions of wanls shnll Le made in the city of Boston, pre- wards in iios- 
vious to the next apportionment of senatois and rejiresentatives. 'i?ion"mtii,ic. 

The city of Lynn, and the towns of Lynnfield, ^larljleliead, Xahant, i-irst Essex. 
Saumis, and Swamjiscott, constitute the First Essex District. 

TFie city of Salem, and the towns of Danvers, Hamilton, Middleton, Second Essex-. 
South Danvers, Topstield, and Weuham, constitute the Second Essex 
District. 

The city of Lawrence, and the towns of Andover, Boxford, Haverhill, Third Essex. 
Methuen, and Xorth Andover, constitute the Third Essex District. 

The city of Newburyjsort, and the towns of Amesbury, Bradford, Fourth Essex. 
Geoi'getown, Groveland, Xewbury, Salisbury, and West Newbury, con- 
stitute the Fourth Essex District. 

The towns of Beverly, Essex, Gloucester, Ipswich, Manchester, Rock- Fifth Essex. 
port, and Rowley, constitute the Fifth Essex District. 

Tlie city of Charlestown, and the towns of Somerville, Melrose, and First Middie- 
Malden, constitute the First Middlesex District. """■ 

The city of Cambridge, and the towns of Waltham, West Cambridge, second Middle- 
Watertown, Belmont, and Brighton, constitute the Second Middlesex ^^j j^^ 
District. 

The towns of Ashland, Framingham, Holliston, Ilopkinton, Natick, Third Jiiddie- 
Newton, Sherborn, Sudbury, Wayland, and Weston, constitute the ^''■'^' 
Third Middlesex District. 

The towns of Acton, Ashby, Boxborough, Carlisle, Chelmsford, Con- Fourth Middle 
cord, Dunstable, Groton, Lincoln, Littleton, Marlborough, Pepperell, ^'•'■''' 
Shirley, Stow, Townsend, Tyngsborough, and Westford, constitute the 
Fourth Middlesex District. 

The towns of Bedford, Billerica, Burlington, Lexington, Medford, Fifth Middle- 
North Reading, Reading, South Reading, Stnneham, Wilmington, Win- ^"^^^ 
Chester, and Woburn, constitute the Fifth Middlesex District. 

The city of Lowell, and the towns of Dracut, and Tewksbury, consti- Sixth Middie- 
tute the Sixth Middlesex District. ^"'''" 

The city of Worcester, and the towns of Holden, Paxton, and Rut- Central Wor- 
land, constitute the Central Worcester District. ''**'^''- 

The towns of Blackstone, Douglas, Mendon, Milford, Northbridge, .South-east 
Sutton, and Uxbridge, constitute the South-east Worcester District. "'oreester. 

The towns of Auburn, Brookfield, Charlton, Dudlev, Leicester, Oxford, south-west 
Southbridge, Spencer, Sturbridge, Warren, Webster, and West Brook- ""^»'-<«""- 
field, constitute the South-west Worcester District. 

The towns of Athol, Barre, Dana, Hardwick, Hubbardston, New ^■orth-we8t 
Braintree, North Brookfield, Oakham, Petersham, Phillii)Ston, Royal- Worcester. 
Bton, Templeton, and Winchendon, constitute the North-west Worces- 
ter District. 

The towns of Ashburnham, Fitchburg, Gardner, Harvard, Lancaster, North-cast 
Leominster, Lunenburg, Princeton, Sterling, and Westminster, consti- °"^" 
tute the North-east Worcester District. 

The towns of Berlin, Bolton, Boylston, Clinton, Grafton, Millbury, East Worces- 
Northborough, Shrewsbury, Southborough, LTpton, Westborough, and *"• 
West Boylston, constitute the East Worcester District. 

The towns of Agawam, Blandford, Chester, Chicopee, Granville, Hoi- West Hamp- 
yoke, Ludlow, Montgomery, Russell, Southwick, Tolland, West-Spring- ''™' 
field, and Westfield, constitute the West Hampden District. 

The city of Springfield, and the towns of Brimfield, Holland, Long- East Hampdea 
mea<low, Monson, Palmer, Wales, and Wilbraham, constitute the East 
Hamjiden District. 

The towns of Chesterfield, Cummington, Easthampton, Goshen, Had- Hampshire, 
ley, Hatfield, Huntington, Middlefield, Northamjiton, Plainfield, South 
Hadley, Southampton, Westhamjiton, Williamsburg, and Worthingtun, 
constitute the Hampshire District. 

The towns of Ashfield, Bernardston, Buckland, Charlemont, Colrain, Franklin. 



64 



REPRESENTATIVES IN GENERAL CODUT. 



[Chap. 8. 



Hampshire and 
Franklin. 



North Berk- 
eliire. 



South Berli- 
etiire. 



Xorth Norfolk. 
East Norfolk. 
West Norfolk. 

North Bristol. 
South Bristol. 
West Bristol. 



North Plym- 
outh. 



South Plym- 
outh. 

1857, 202. 



Middle Plym- 
outh. 



Cape District. 



Island District. 



Conway, Deerfield, Gill, Greenfield, Hawley, Heath, Leydcn, Monroe, 
Northfield, Kowe, Shelbiirne, and Whately, constitute the Franklin 
District. 

The towns of Amherst, Belchertown, Enfield, Granby, Greenwich, 
Pelham, Prescott, Ware, Erving, Leverett, Montague, New Salem, 
Orange, Shutesbury, Sunderland, Warwick, and Wendell, constitute 
the Hampshire and Franklin District. 

The towns of Adams, Cheshire, Cl.arksliurg, Dalton, Florida, Han- 
cock, Hinsdale, New Ashford, Lanesliorough, Peru, Pittsfield, Savoy, 
Willi.amstown, and Windsor, constitute the North Berkshire District. 

The towns of Alford, Becket, Egremont, Great Barrington, Lee, Len- 
o.x, Monterey, Mount Washington, New Marlljorough, Otis, Richmond, 
Sandisfield, Shettield, Stoekbri<lge, Tyringham, Washington, and West 
Stockbridge, constitute the South Berkshire District. 

The city of Ro.xbury, and the towns of Brookline, Dorchester, and 
West Ro.vbury, constitute the North Nortblk District. 

The towns of Braintree, Milton, Quincy, Randolph, Stoughton, and 
Weymouth, constitute the East Norfolk District. 

The towns of Bellingham, Canton, Dcdham, Dover, Foxborough, 
Franklin, Meiltield, ]Medway, Needham, Sharon, Waljjole, and Wren- 
tham, constitute the West Norfolk District. 

The towns of Attleborough, Easton, Raynham, Mansfield, Norton, and 
Taunton, constitute the North Bristol District. 

The city of New Bedibrd, and the town of Dartmouth, constitute the 
South Bristol District. 

The towns of Berkley, Dighton, Fall River, Freetown, Pnwtucket, 
Rehoboth, Seekonk, Somerset, Swanzey, and Westport, constitute the 
West Bristol District. 

The towns of Abington, Cohasset, Hanover, Hingham, Hull, North 
Bridgewater, Scituate, and South Scituate, constitute the North Plym- 
outh District. 

The towns of Bridgewater, Carver, Fairliaven, Lakeville, Mattajioisett, 
Marion, Middleborough, Rochester, and Wareham, constitute the South 
Plymouth District. 

The towns of Duxbury, East Bridgewater, Halifax, Hanson, Kings- 
ton, Marshfield, Pembroke, Plymoutli, Pljnnpton, and West Bridge- 
water, constitute the Middle Pl_\niiouth District. 

The towns of Brewster, Chatham, Dennis, Eastham, Harwich, Orleans, 
Provincetown, Truro, Wellllect, and Yarmouth, constitute the Cape 
District. 

The towns of Barnstable, Falmouth, and Sandwich, with the counties 
of Dukes County and Nantucket, constitute the Island District. 



Apportionment 
of representa- 
tives. 

Amend, const. 
art. 2f. 
IBSr, 308. 



Warrants for 
meeting to state 
number of rej)- 
resentatives to 
be voted for. 
185?, 311, § 2. 



In certain 
towns repeated 



REPRESENTATIVES IN THE GENERAX COURT. 

Sect. 6. Tlie two hundred and forty representatives are apportioned 
to the several counties, as follows : — 

Barnstable^ nine ; Berkshire, eleven ; Bristol, twenty ; Dukes county, 
one ; Essex, thirty-two ; Franklin, eight ; Hampden, twelve ; Hamp- 
shire, eight ; Middlesex, thirty-nine ; Nantucket, two ; Norfolk, (ex- 
cluding the town of Cohasset,) twenty ; Plymouth, and the town of 
Cohasset, sixteen ; Suffolk, twenty-eight ; Worcester, thirty-four. 

Sect. 7. Warrants for meetings for the election of re]iresentatives 
shall direct that the voters in towns, cities, and wards, be notified to 
bring in their votes on one ballot for the representatives to which their 
several districts are entitled, and shall s]K>cify the number thereof. 
And such elections shall be conducted .and the results tlicreof deter- 
mined as provided in chapter seven except as hereinafter provided. 

Sect. 8. When a town constituting a district fails on the first ballot 



Chap. 8.] representatives in general court. 6-5 

to make choice of the representatives to which it is entitled, other bal- b.-uiotings may 
lotings may be had on the same day, but the polls for sucli ballotings same di?", &e. 
shall not be ojicikmI after five o'clock in the afternoon. i'*w. •■**• 

Sect. 9. When a town, city, or the wards of a city, constituting a I'roce'cdiuo-s'iu 
representative district, at the election held on the Tuesday next after w'si? on.iuiure 

,' ,. -.r T .• -vT 1 c '1 1 1 1 •■ to elect m dis- 

the first Monday 01 JSJovcmber tail to elect the number oi rcpresenta- tiict contamej 
tives to which such district is entitled, the proper officers of such city j'.'j^ne town or 
or town shall issue their warrant for a new election in such district, to issr, 3ii, § i. 
be held on the fourth Monday of said November, to fill the vacancy, 
and the number to be elected shall be specified in the warrant, and 
similar proceedings shall be had thereupon as in the original election of 
such representatives. 

Sect. 10. In towns, cities, and wards, composing a jiart of a repre- sdcef men, &c., 
sentative district, the selectmen and town clerks and ward ofticers, in luBtru'ts'to^prc- 
open town and ward meetings, and the mayor and aldciincn and city \>»'y, ii"., tmn- 
clerks, shall forthwith u]ton the vote for representative lieing recorded o/TOtes. '"'''" 
make out under their hands and seal up and deliver to their respective i'^">:'ii. §5- 
clerks a true transcript of such record. 

Sect. 11. The county commissioners, mayor and aldermen, or boar<l Officers nppor 
of aldermen, or such special commissioners as are authori/ed to appor- s"i'11'|JTou To'de- 
tion the representation assigned to the several counties, at their meet- sit^nnte place 
ing for such puqiosc, shall designate a place in each re]iresentative n"eet amr ascer- 
district, not contained in or consisting of one town or city, at which the »»'» j''""'* °'' 

I 1 /» • . 1 1 • 1 T • * I II 11 election. 

clerks oi towns, cities, and wards, composing such district, shall assemble isor, 3ii, §8. 
for the purpose of ascertaining the result of elections. Due notice of 
such appointment shall be given by said commissioners or mayor and 
aldermen to every town, cit}', and ward, in the district. Such ]jlace of 
meeting may be changed once in two years by the same authority, after 
a hearing on the petition of two of such clerks. 

Sect. V2. . The clerks of cities, towns, and wards, composing such clerks of towns, 
districts, shall meet at noon on the day following an election for repre- *e'ii"'tri""to^ 
sentatives, at the place so designated, and shall examine and comj)are meet and ascer- 
sucli transcripts and ascertain what persons have been elected. If any *i"ctIon"" "^ 
error ajipears in a transcrijjt or return, the clerks shall forthwith give i'<-')r. ;ni, §§ 3, 
notice thereof to the officers required to make the return, and such issii, isi, §§1,2. 
officers shall forthwith in conformity with the truth and under oath, 
make a new return, which, whether made with or without such notice, 
shall be received and examined by said clerks within two days after the 
time a]i]iointed for the meeting ; and for that purpose the meeting may 
be adjourned not exceeding two days. No return shall be rejected 
when the number of votes given for each candidate can be ascertained. 

Sect. 13. Such clerks shall at such meeting make out under their to return and 
hands a eomijlete return of all the votes cast for representatives in the rfconi votes oi 

T • 1 ' /. 11 e 1 1 • 1 tile district. 

district, the names of all persons tor whom such votes were given, and is5r,;iii, §3. 
the number of votes for each person, and a record of the return shall be 
made in the book of records of their resjiective cities, towns, and wards, 
within four days after the day of the meeting. 

Sect. 14. If upon such examination and comparison of transcripts Proceedinps in 
it appears to such clerks that their district has fliiled to elect the number treiect'lncom. 
of representatives to which it is entitled, such fact shall be certified by poBite district, 
such ward and city clerks to the mayor and aldermen of their city, and '•'^"^n. §?• 
by such to\\'n clerks to the selectmen of their several towns, and such 
mayor and aldermen and selectmen shall forthwith issue their warrants 
for another meeting for the election of representatives, to fill such 
vacancy, to be held on the fourth Monday of the same November, and 
similar proceedings shall be had thereupon as at the first election. 

Sect. 15. When it is ascertained who is elected representative in a Certificates of 

T.., 1^ i ■.. 1^.^ election in sin- 

distnct, composed of one town, or city, or one or more wards of a city, ^'le districts, 
the selectmen or mayor and aldermen shall make out duplicate certili- i'- S- 5, § 8. 
6* 9 



(56 



REPRESENTATIVES IN GENERAL COURT. 



[Chap. 8. 



1844, 143, §§2, 3. 
185r, 311, § 1. 
Soe § 19. 



in composite 

districts. 
1857, 311, § 5. 
See § I'J. 



Form and re- 
turn of cL'rtili- 
cate of election. 
1857, 311, §3. 



Proceedings in 
case of vacancy. 
1858, 6, § 1. 



Secretary to 
furnisli blanks. 
1,*H, H3, §§ 1, 2, 

r.'. 

iMr, 311, § 10. 

1859, 121, § 4. 



Penalty on offi- 
cers relusin*,' to 
perform duties. 
1857,311, §9. 

on selectmen 
giving false cer- 
tificates. 
1852, 282. 



on clerks for 
signing false 
certitieate. 
1859, 121, § 3. 

Compen.<iation 
of city and town 
officers. 
1857, 311, § 5. 
Appointment of 
clerk pro tem- 
pore. 
1857, 311, § 11. 



cates thereof, one of which they shall transmit to the office of the 
secretary of the coimnoinvealth on or before the first Wednesday in 
January followinsj', and the other by a constable or other authorized 
officer to the jierson elected, within ten days after the day of election. 

Sect. 16. When the clerks of cities, towns, and ward.s, composing a 
district, at their ineetintr for the purpose, ascertain that a representative 
is elected in their thstrict, they or a majority of them shall make out 
duplicate certificates thereof, one of which they .shall deliver into the 
office of the secretary of the commonwealth, on or before the first day 
of January following, aud the other by a constable or other authorized 
officer transmit to the person elected, within ten days after the day of 
election. 

Sect. 17. Such certificates of election shall be in substance as fol- 
lows : — 

Commonwealth of Massachusetts, county of Pursuant 

to a law of this commonwealth, the qualified voters of Representative District Num- 
ber , in their several meetings on the day of November instant, 
for the choice of representatives in general court, did elect , being in- 
habitants of said district, to represent them in the general court to be holden on the 
first Wednesday of January next. 

Dated at the day of in the year one thousand eight 

hundred and 

Such certificate shall h.ave a return thereon, signed by the officer 
authorized to give such notice, and .stating that notice of the choice was 
given to the persons therein mentioned, and that said persons were 
summoned to attend the general court accordingly. 

Sect. 18. When a vacancy occurs in a representative district, the 
speaker of the house of representatives shall in the precejit which he 
may issue by order of the house giving notice of such vacancy, appoint 
a time for an election to fiU the same. Upon the reception of such 
precept, the mayor and aldermen of a city and the selectmen of the 
towns comprising tiie district, shall issue their warrants for an election 
on the day named in the ))recept ; and similar proceedings .shall be had 
in filling such vacancy as in the original election of representatives. 

Sect. 19. The secretary of the commonwealth shall furnish to cities 
and towns blank forms for certificates, transcript.s, and returns, required 
under this chapter. Such blanks for returns shall have jirinted thereon 
sections fifteen, sixteen, and nineteen, of this chapter, and the first four 
sections of chapter two. 

Sect. 20. City or town officers wilfully neglecting or refiising to 
perform the duties required of them under this chapter, shall for each 
ott'ence forfeit a sum not exceeding two hundred dollars. 

Sect. 21. Selectmen giving a certificate of election to a person 
voted for as representative to the general court, not in accordance with 
the declaration of the vote in open town meeting at the tune of the 
election, shall forfeit three hundred dollars. 

Sect. 22. Clerks wilfully signing a certificate not in confonnity with 
the result of an election, as ajjjiaient by the transcripts and returns, 
shiiU forfeit a sum not exceeding three hundred dollars. 

Sect. 23. Towns and cities may provide suitable comjiensation to 
clerks and selectmen for services pertbrraed by them under the recjuire- 
ments of this clia])ter. 

Sect. 24. In case of a vacancy in the office of town, city, or ward 
clerk, or any disability in such clerk to peiform the duties require<l by 
this chapter, the selectmen, mayor and ahlermen, or board of aldermen, 
or warden, may a])point a clerk pro tempore, who shall be swoni and 
perform such duties. 



Chap. 9.] 



REPRESENTATIVES IN CONGRESS. 



67 



CHAPTER 9, 



OF THE ELECTION OF REPRESENTATIVES IN CONGRESS AND ELECTORS 
OF PRESIDENT AND VICE-PRESIDENT. 



representatives is congress. 
Section 

1. Division of commonwealth into cong^res- 
Bional districts. 

2. Towns forming the several districts. 

3. KcpreseutativeB in congress when to be 
chosen. 

4. Return of votes. 

5. Proceedings in case of no choice. 

6. Proceedings in case of vacancies. 

7. Sherilfs to transmit precepts to selectmen. 

8. Penalty for neglect of city and to\\'n officers. 

ELECTORS OF PRESIDENT AND VICE-PRESI- 
DENT OF THE UNITED STATES. 

9. Electors of president and yice-president to 
be chosen. 



Section 

10. Choice of electors, when to take place. 

11. Names of electors to be on one ballot. 

12. Return of votes. 

13. Governor and council to count votes and 
notily persons elected. 

14. If a mjijority are not chosen, residue to be 
chosen by general court. 

15. Time and jjlace of meeting of electors ; va- 
cancies, iiow tilled. 

IG. Electors to vote, and certify and transmit 
their votes to seat of government. ^ 

17. Compensation of electors. 

18. Duties of shcrilTs and town olTicers in elec- 
tion of governor, ic, lo be observed ill 
election of electors. Penalties. 



EEPEESENTATIVES IN CONGRESS. 

Section 1. For the pui-pose of electins: ropveseiitatives in the con- Division of com- 
gress of the United States, the state is divitled into eleven districts, TOugrcssiouar" 
each of which shall elect one representative, being an inhabitant of the districts, 
same district. 

Sect. 2. The districts are as follows, to wit : — 

The several towns in the counties of Barnstable, Dukes county, and Towns forming 
Nantucket, with the city of New Bedford, and the towns of Dartinouth, I lu-ts'!' ""''"''' 
Fairhaven, Carver, Kingston, Marion, Mattapoisett, Plymouth, Plymp- 'istrict No. i. 
ton, Rochester, and Wareham, form District Number One. iwrjaoa! 

The city of Fall River, and the towns of Attleborough, Berkley, Digh- DistrictNo. 2. 
ton, Easton, Freetown, Mansfield, Norton, Pawtuckct', Kaynhani, Reho- ^^''^'■^■ 
both, Seekonk, Somerset, Swanzey, Taunton, Wcstport, Abington, Bridge- 
water, Duxhury, East Bridgewater, Halifax, Hanover, Hanson, Hiiig- 
ham, Hull, Lakeville, Marslifield, Middlebort)ugh, North Bridgewater, 
Pembroke, Scituate, South Scituate, West Bridgewater, and Cohasset, 
form District Numlier Two. 

The towns of Bellingham, Braintree, Canton, Dedham, Dorchester, District No. 3. 
Dover, Foxborough, Franklin, Medtield, Mcdway, Milton, Necilhaiii, 
Quiney, Randolph, Sharon, Stoughton, Wal]iole, West Roxl)ury, Wey- 
mouth, Wreiitham, Blackstone, Mendon, Milford, Northbridgc, U]iton, 
Uxbridge, Brighton, Ilolliston, Newton, Sherboru, and Watertown, tbriu 
District Number Three. 

The city of Roxbury, the town of Brookline, and the wards numbered District No. 4. 
seven, eight, nine, ten, eleven, and twelve, in the city of Boston, form 
District Number Four. 

The wards numbered one, two, three, four, five, and six, in the city of District No. 5. 
Boston, the cities of Cambridge and Chelsea, and the towns of North 
Chelsea and Winthrop, form District Number Five. 

The cities of Lynn, Newburyport, and Salein, and the towns of District No. 6. 
Amesbury, Beverly, Essex, Georgetown, Gloucester, Groveland, Hamil- j^!j' J^'^- 
ton, Ipswich, Manchester, Marbleliead, Nahant, Newbury, Rockjiort, 
Rowley, Salisbury, Swampscott, Wenham, and West Newbury, form 
District Number Six. 

The cities of Charlestown and Lawrence, and the towns of Andover, District No. 7. 
Boxford, Bradford, Danvers, Haverhill, Lynntield, Methuen, ]\Iiddleton, J^ss' 150. 
North Andover, Saugus, South Danvers, To])sfield, Burlington, Lexing- if^s, Sta. 
ton. Maiden, Medford, Melrose, North Reading, Reading, SomerviUe, 



68 



REPRESENTATIVES IN CONGRESS. 



[Chap. 9. 



District No. 8. 



District No. 9. 



District No. 10. 
1855, 305. 



District No. 11. 
ls50j :io. 



Reprcsenta- 
tivt'S in cou- 
o;n'SS when to 
be chosen. 
11. S. (i, § 3. 
IMO, -i-Zi. 
11 Mass. 424. 



Heturn of 

votes. 

K. S. fi, § 4. 

iHsr, in, §§1,2. 

1857, 205, § 1. 

Pi'ocecfiings in 

case of no 

choice. 

K. S. 0, § 6. 



Proceedings in 
case of vacan- 
cies. 
R. S. 6, § 7. 



SllcrifTs to 
transmit pre- 
cepts to select- 
men. 
K. S. 0, § 8. 



South Reading, Stoncham, Waltham, West Cambridge, Wilmington, 
Winchester, and Wobiini, form District Number Seven. 

The city of Lowell, and the towns of Acton, Ashbj', Ashland, Bed- 
ford, Billerica, Boxborough, Carlisle, Chelmsford, Concord, Dracut, 
Dunstable, Frainingham, Groton, Hopkinton, Lincoln, Littktim, ]\IarI- 
borough, Natiek, Pep]jercll, Shirley, Stow, Sudbury, Tewkslmry, Town- 
send, Tyngsborough, Wayland, Westford, Weston, Berlin, Bolton, Har- 
vard, Lunenburg, Northborough, Southborough, and Westborough, form 
District Number Eight. 

The towns of Ashburnham, Auburn, Barre, Boylston, Brookfield, 
Charlton, Clinton, Douglas, Dudley, Fitchburg, Gardner, Grailoii, liol- 
den, Hubbardston, Lancaster, Leicester, Leominster, Millbury, New- 
Braintree, North Brookfield, Oakham, Oxford, Paxton, Princeton, Rut- 
land, Shrewsbury, Southbridge, S))encer, Sterling, Sturbridge, Sutton, 
Temjileton, Webster, West Boylston, Westminster, and Winchendon, 
and the city of Worcester, form District Number Nine. 

The towns of Athol, Dana, Hardwick, Petersham, Phillipston, Royals- 
ton, Warren, West Brookfield, Erving, Leverett, 3Ioiit.'igue, New Sa- 
lem, Northfield, Orange, Shutesbury, Sunderland, Warwick, Wendell, 
Whately, Amherst, Belchertown, Easthampton, Enfield, Granb)', Green- 
wich, Hadley, Hatfield, Northampton, Pelham, Prescott, South Hadley, 
Ware, Agawam, Brimfield, Chicopee, Holland, Holyoke, Longmeadow, 
Ludlow, Monson, Palmer, Wales, West Springfield, Wilbraham, and the 
city of Springfiehl, form District Number Ten. 

The towns of Ashfield, Bernardston, Buckland, Charlemont, Colrain, 
Conway, Deerfield, Gill, Greenfield, Hawley, Heath, Leyden, Monroe, 
Rowe, "Shelburne, Chesterfield, Cunimington, Goshen, Huntington, Mid- 
dlefield, Plainfield, Southampton, Westhampton, Williamsburg, Worth- 
ington, Blandford, Chester, Granville, Montgomery, Russell, Southwick, 
ToU.and, and Westficld, and the several towns in the county of Berk- 
shire, form District Number Eleven. 

Sect. 3. The mayor and aldermen and selectmen of the several 
cities and towns shall as jn-ovided in chapter seven call meetings to be 
held on the Tuesday next alter the first Monday in November in the 
year one thousand eight hundred and sixty, and thence afterwai'ds, 
biennially, on the Tuesday next after the first Monday in November, 
lor the voters to give their votes for rejiresentatives in congress. 

Sect. 4. The clerks in making their returns of votes ibr representa- 
tives to congress under section fifteen of chapter seven, shall transmit 
them in emelopes expressing on the outside the district in which the 
votes were given. 

Sect. 5. In case of no choice in a congressional district, the gov- 
ernor shall cause precepts to issue to the mayor and aldermen and select- 
men of the several cities and towns in the district, directing them to 
call a new meeting on the day appointed in such jireceiit, for the voters 
to give their votes for a representative in congress. The precept shall 
be accompanied with a list of all the persons voted for in the district 
who received fifty votes or more according to the next ]ireceding return, 
and shall show the number of votes for each of such jiersons; sim- 
ilar ]iroceediiigs shall be had thereon ami the same returns made as 
in an original election ; and the like proceedings shall be repeated as 
often as occasion may require. 

Sect. 6. When a vacancy hajijiens in the representation of this com- 
monwealth in congress, tlie governor shall cause precepts to issue for a 
new election in the district where the vacancy exists ; and similar pro- 
ceedings shall be had thereon as in an original election. 

Sect. 7. The several sherifts, upon receiving precepts from the gov- 
ernor for the election of a rejiresentative in congress, shall seasmiably 
transmit them to the officers of the towns or cities within their respec- 
tive counties to whom they are directed. 



Chap. 9.] electors of president, &c., of united states. 09 

Sect. 8. If any city or town officer wilfully neglects or refuses to Penalty for 
perform any duty required of him in this chapter, he shall forfeit for ani'tolyn'^offi^ 
each offence a sum not exceediu"' two hundred, nor less than thirty cei-s. 
J II ° •' K. s. G, § 12. 

dollars. ' 

ELECTORS OF PRESIDENT AXD TICE-PRESIDEXT OF THE TTNTTED STATES. 

Sect. 9. In each year when the election of president and -vice-presi- Electors of 
dent of the United States takes place, there shall be chosen as many v[™pri"kiciit 
electors of jnx'sident and vice-president as the commonwealth is at such to be chosen, 
time entitled to. '" ■'^- "' * '■*■ 

Sect. 10. The mayor and aldermen and selectmen of the several choice of eico- 
cities and towns, shall, in the manner iiro\-ided in section throe of chap- lako'pi'ic™ *° 
ter seven, call meetings to be held on the Tuesday next after 'the first I'^^N ^3> 5 •• 
Monday in Xovember of such year, for the voters to give tlieir votes for 
the whule number of electors to which the commonwealth is entitled. 

Sect. 11. The names of all the electors to be chosen shall be writ- Names of oioc- 
ten on each ballot; and each ballot shall contain the name of at least tors to be on 

.... f. 1 ■ 1 1 • • • 1-11 *^"^* ballot, 

one inhabitant of each congressional ihstnct into wlueh the common- K. S. o, §13. 

wealth shall be then divided ; and shall designate the congressional dis- 
trict to which he belongs. 

Sect. 12. Votes for electors shall be counted, recorded, certified. Return of 
sealed, and transmitted, to the secretary of the commonwealth, as i)ro- y"?p- . , , 

.... ■ ,T ,. - . (• 1 li.-14, 10/,§ 1. 

vuled in sections ntteen, sixteen, and seventeen of ehajiter seven. i^i.', aiii, § 2. 

Sect. 13. The governor and council shall open and examine such GoV'eJnoV^yc'.^ 
returns and count the votes, and the several persons who have received to conut Votes, 
the highest number of votes so returned shall be declared elected, and soneTiocteS.'^'^ 
the governor shall forthwith transmit to each person so chosen a certifi- is^i.w, yz. 
cate of his election. 

Sect. 14. If upon examination of the votes it appears that a majority if a majority 
of the whole number of electors are not chosen, the governor shall forth- ""j"!!' ^olje" °' 
with by proclamation, call the legislature together, which shall, by joint chosen by gen- 
ballot of the senators and representatives assembled in one room, choose lisi.'SI'i 3. 
as many electors as are necessary to complete the full number. 

Sect. 15. The electors shall convene at the state house in Boston Time and place 
on the Tuesday preceding the first Wednesday of December following "j.I.'u.rs'."" "' 
their election, at three o'clock in the afternoon. In case of the death or Vacancies, how 
absence of an elector, or in case the number of electors is deficient, r.s.'c, §21. 
the electors present shall forthwith elect from the citizens of the com- 
monwealth so many persons as shall supply the deficiency. 

Sect. 16. The electors so convened shall on said first Wednesday of Electors to 
December \-ote by ballot for one person for president and one jierson Jy 'IJldYnufsmit 
for vice-president of the United States; one of whom at least shall not their votes to 
be an inhabitant of this commonwealth. They shall name in their bal- mmu °°^'^™" 
lots the person voted for as president, and in distinct ballots the person i*- *• "> § ^2. 
voted for a.s vice-president; and they shall make distinct lists of all per- 
sons voted for as president and vice-])resident and of the number of 
votes given for each ; which lists they shall sign, and certify, and trans- 
mit, sealed up, to the seat of the government of the United States, 
directed to the president of the senate ; and they shall in all respects 
proceed conformably to the constitution and laws of the United States. 

Sect. 17. Each elector shall receive three dollars a day for attend- compensation, 
ance, and the same compensation for travel as is allowed to a menTBcr JtiJ^'i';,? ^' 
of the general court. 

Sect. 18. All laws in relation to the duties of sheriffs, city and town putiesofsher- 
officers, and voters, in the election of civil officers, shall, as far as the nv?'"',,*""'""'^ 
same may be ajjplicable, apply to the meetings and elections held tioH 01 electors. 
respecting the choice of electors of president and vice-president of the ^- =•■ "• ^ -^ • 
United States ; and like penalties shall be incurred for the violation 
thereof. 



70 



ELECTION OF DISTKICT AND COUNTY OFFICERS. [ChAP. 10. 



CHAPTER 10. 



OF THE ELECTION OF DISTRICT AND COUNTY OFFICERS. 



Section 

1. Election of district and county ofRcerB. 

2. district attorneys. 

3. clerks of courts. 

4. registers of probate and insolvency. 

5. sheriffs and commissioners of insolvency. 

6. county commissioners. 

7. special commissioners. 

8. Not more than one eomraiesioner to be 
chosen from the same place. 

9. Election of county treasurers and reg^isters 
of deeds. 

FAILITRES TO ELECT. 

10. In case of failures to elect district attor- 



Section 

neys, clerks of courts, registers of probate 
and insolvency, &c. 

11. commissioners and special commission- 
ers. 

12. county treasurers and registers of deeds. 

vacancies. 

13. Vacancies in the office of district-attorney, 
&c., how filled. 

14. commissiouer and special commissioner. 

15. county treasurer or register of deeds. 

16. Penalty on selectmen, &c., for neglect of 
duty. 



Election of dis- SECTION 1. District-attomeys, clerks of the courts, registers of pro- 
omce'r"'.' ™"°*^ bate and insolvency, sheriffs, commissioners of insolvency, county com- 
Amend. const, niissioiiers, s]3ceial commissioners, county treasurers, and registers of 
ij. 's."i4, § 16. deeds, shall be chosen by ballot on the Tuesday next after the lir.st 
1*^5' 9^' II I's' Monday of November in the years in which said officers are respectively 
isosl 17.3, §§ 1,2^ to be elected except as hereinafter [irovided. Those persons now hold- 
isjs 93 §§ 4 5. ^"S ®^^'^^ offices sliall continue to hold the same during the terms for 
which they are elected, unless sooner removed as provided by law. 



district attor- 
neys. 

It. S. K, § 37. 
1»50, 173, §§ 1,5. 



DISTEICT-ATTORNETS. 

Sect. 2. In the year eighteen hundred and sixty-two and every 
third year thereafter, there shall be elected by the voters in each of the 
districts into which the commonwealth is divided for the administration 
of the criminal law, a district-attorney, who shall be a resident within 
the district. The officers so elected shall hold their offices for three 
years from the first Wednesday in January following their election. 



clerks of 
courts. 
I.soii, 173, §§ 2, ( 

1S57, 1. 
1S5!), 196, § 9. 



registers of 
probate and in- 
solvency. 
1S5S, 93, § 4. 



CLERKS OF THE COTJETS. 

Sect. 3. In the year eighteen hundred and sixty-one and every fifth 
year thereafter, there shall be elected by the voters in the county of 
Suffolk, a clerk of the supreme judicial court for said county, and two 
clerks of the sujierior court for said county, one for the civil, and one for 
the criminal, business, and by the voters in each of the other counties a 
clerk of the courts ibr the county, who shall act as clerk of the sujireme 
judicial court, the su|)erior court, and the county commissioners. Such 
"clerks shall hold their offices for five years trom the first Wednesday of 
January following their election, unless sooner removed as provided by 
law. 

REGISTERS OF PROBATE AND INSOLVENCY. 

Sect. 4. In the year eighteen hundred and sixty-three and every 
fifth year thereafter, there sliall be elected by the voters in each county 
a register of probate and insolvency for the county, who shall hold his 
office for five years from the first Wednesday of January following his 
election. 



SHERIFFS AND COMJIISSIONERS OF INSOLVENCT. 

sheriffs and Sect. 5. In the year eighteen hundred and sixty-two and every 



Chap. 10.] election of district .\nd county officers. 71 

tliird yenr thereafter, there shall be elected by the voters in each comity commissioners 
a sheritt" for the county, and in the county of Worcester four commis- J^sJTw™!^ 
sioners of insolvency, and in each of the other counties three conirais- itau322. 
sioners of insolvency. Each of said officers shall hold his otiiee for three i^] m, §§ 1,5. 
years from the first Wednesday in January ibllowing his election. 

COTJXTT COMinSSIOXEES AND SPECIAL COMinSSIONEBS. 

Sect. 6. The voters in the county of Miildlesex with those of the Election of 
city of Chelsea and the towns of North Chelsea ami Winthrop, and the ,''^""i'^ne?r 
voters in each of the other counties exee])t Suffolk and Nantucket shall i<- «• h, §§ 16, 
annually elect one county commissioner for the county, who shall hold j^jo^ ^m, § 2. 
his office for three years and until his successor is elected and qualitied. i^?.', m. 
There shall be three county commissioners in each county except Suf- sGrayViVii- 
folk and Nantucket. 

Sect. 7. In the year eighteen hundred and sixty-two and every special com- 
third year thereafter, there shall be elected by the voters in the county k.'s.' h'^Ǥ"21 
of Middlesex with those of the city of Chelsea and the towns of North -^•. 
Chelsea and Winthroji, and by the voters in each of the other counties iI^mI sa."*^ ^' 
except Suffolk and Nantucket, two special commissioners for the "^*' '''' § *■ 
county, who shall hold their offices for three years and until their suc- 
cessors are elected and qualified. 

Sect. 8. Not more than one of the county commissioners and special Not more than 
commissioners in each county, except the county of Dukes County, shall si'on™To°be 
be chosen from the same city or town. When at any election, except chosen from the 
in the county of Dukes County, two persons residing in the s.ame city k.™'; nf j'^is. 
or town have a plurality of votes, whereby one would othen\-ise be i^s*. ?'> 5§ 3, 6, 
elected coimty commissioner and the other special commissioner, or 
both, to either of those offices, the one who has the highest number of 
votes shall be elected, and when both have an equal number neither of 
them shall l)e deemed elected. When a person residing in a city or 
town in which a county commissioner or s]iecial commissioner who is to 
remain in office resides, has a plm-ality of the votes, he shall not be 
elected. 

COtrSTY TEEASITRERS AND REGISTEES OF DEEDS. 

Sect. 9. In the year eighteen hundred and sixty-one and every- third Election or 
year thereafter, there shall be elected by the voters in each county, urJIr'^nd^e^s. 
except Suffolk and Nantucket, a suitable person residins therein, to be terofdeedst 
treasurer of the county, who shall hold his office for three years and ii'i,ii2,'n:i, 114. 
until his successor is elected and qualified. At the same times there ''^H' l*- 
shall be elected by the voters in each district for the registry of deeds, 1^05^02^ §§ 1,3. 
and in each county not divided into such districts, a suitable person V^Qray Vo 
residing therein to be register of deeds for such district or county, who 
shall hold his office for three years and until his successor is elected and 
qualified, unless sooner removed as provided by law. 

FAILimES TO ELECT. 

Sect. 10. If on the days aforesaid there is a foilure to elect a district- in case of fail- 
attorney, clerk of the courts, register of ]jrobate and insolvency, sheriff, "^'ict 'atton/ey *' 
or connnissioner of insolvency, in any district or county, the goveiTior clerk of courts, 
shall liy jtroclamation declare such failure and order a new election to tete''and'in8or 
be had on such day as he shall appoint, and shall continue so to order vency,_&c. 
such elections until a choice is effected. iJss' 93, §12. 

Sect. 11. If on said days there is a failure to elect a county commis- commission- 
sioner or special commissioner for any county, the board of examiners cs and special 
shall forthwith issue their warrant to the mayor and aldennen and k.s.14,§§ 19,2«>. 
selectmen of the cities and towns in such county, or in the county of 
Middlesex, to the mayor and aldennen and selectmen of the cities and 



72 



ELECTION OP DISTRICT AND COUNTY OFFICERS. [CUAP. 10. 



In case of fuil- 
ure to elect 
county treas- 
urer and retj:is- 
ter of deeds. 
K. S. U, §§ lor, 
108, 109. 
H. S. act of 
amcud. § 3. 
1831), 118. 
See § 16. 



towns in said county, and of Chelsea, North Chelsea, and Wiiilhrop, 
requiring them on a day mentioned in their warrant, which ^;hall be 
withiu twenty days after issuing the same, to call meetings of the 
voters in their respective places for completing such elections, and they 
shall continue so to issue their warrants until a choice is efl'ected. At 
each election the examiners shall furnish the mayor and aldermen and 
selectmen with a list of the persons not elected, who at the preceding 
election received more than twenty-five votes. 

Sect. 12. If on said days there is a failure to elect a county treasurer 
or register of deeds for any county or district, the county commissioners 
shall forthwith issue their warrant to the mayor and aldennen and 
selectmen of the several cities and towns in such county or district, 
requiring them on a day mentioned in the waiTant to call meetings of 
the voters in their res})ective places for completing such elections, and 
they shall continue so to issue their warrants until a choice is effected. 
The commissioners shall in such cases meet and count the votes at such 
times as they shall adjourn to, for that purpose. 



Vacancies in 
office of clerk, 
&c., how filled. 
1856, 173, §§8,9. 
Sec § 16. 
Ch. 17, § 81. 
Ch. 119, § 13. 



comnuBsion- 
er and special 
commissioner. 
R. S. 14, § •■•2. 
I860, 299, § 2. 
1852, 53. 
See § 16. 



county treas- 
urer or register 
of deeds. 
U. S. 14, § 107. 
K. S. act of 
amend. § 3. 
1850, lis. 
See § 16. 
Cli. 17, § 87. 
Penalty on se- 
lectmen, &c., 
for neglect. 
K. S. 14, § 28. 
1839, 135. 



VACANCIES. 

Sect. 13. If a person elected to either of the offices mentioned in 
section ten is removed therefrom, or otherwise vacates the s.ame, an 
election to fill such office for the remainder of his term shall be ordered 
by the governor, and shall be had ou the Tuesday next after the first 
Monday of November. 

Sect. 14. A vacancy in the office of county commissioner or speci.al 
commissioner of any county may be filled at any time when the board 
of examiners think it expedient ; and they shall issue their warrant there- 
for to the mayor and aldennen and selectmen of the cities and towns of 
such county, or in the county of Middlesex to the mayor and aldermen 
and selectmen of the cities and towns therein, and of Chelsea, North 
Chelsea, and Winthrop, and the person chosen shall fill the office for 
the remainder of the term. 

Sect. 15. If a person elected county treasurer or register of deeds 
resigns or otherwise vacates the office, an election to fill the same for 
the remainder of the term shall be had on the Tuesday next after the 
first Monday of November u])on the order of the county commissioners, 
who shall issue their warrant therefor as in the case of failure to elect. 

Sect. 16. If the mayor and aldermen or selectmen of any place wil- 
fully neglect to comply with a warrant or order issued under either of 
the six preceding sections, each of them so neglecting shall Ibriiiit a sum 
not exceeding two hundred dollars. 



Chap. 11.] 



ASSESSMENT OP TAXES. 



73 



TITLE III. 

OF THE ASSESSMENT AND COLLECTION OF TAXES. 



Chapter 11. — Of the Assessment of Taxes. 
Ckapter 12. — Of the Collection of Taxes. 



CHAPTER 11 



OF THE ASSESSMENT OF TAXES. 



PERSONS AND FROBERTY SUBJECT TO TAXA- 
TION. 

Section 

1. Persons subject to a poll tax. 

2. Property subject to taxation. 

3. Real estate. 

4. Personal estate. 

property and PERSONS EXE>rPTED FROM 

t.\x^vtion. 

5. Property and polls exempted : 1st, property 
of tbe United States ; 2d, of the eommon- 
wcalth, except ; 3d, of certain institutions ; 
4th, of school districts ; 5th, Hunker Hill 
Monument ; 0th, household furniture, &c. ; 
7th, churches ; 8th, cemeteries, &c. ; 9th, es- 
tatcof agricultural societies ; 10th, of certain 
females to amount of five hundred dollars ; 
11th, cattle, &c. ; 12th, Indians ; 13th, polls 
and estates of persons unable to pay. 

WHERE POLLS AND PROPERTY SHALL BE 
ASSESSED. 

6. Poll tax, where assessed. 

7. Person to be taxed where he designates his 
place of residence to be. 

8. Real estate, where and to whom taxed. 

9. Tenant may recover of landlord taxes paid, 
unless, &c. 

10. Real estate of person deceased may be as- 
sessed to heirs, &c. One liable for whole 
with right to contribution. 

11. or to estate of deceased where title is In 
dispute. 

12. Personal estate, taxed where owner resides. 
Except— stock in trade, &c., employed in 
other towns. 

machinery, &c. 

horses, &c. 

of persons under guardianship. 

personal property held in trust, &c. 

deposited to accumulate. 

of deceased persons. 

13. Property held as a ministerial fund. 

14. Personal property mortgaged, &c. 

15. Partners may be jointly taxed for stock in 
trade. 

7 10 



manner of assessing taxes. 

Section 

IG. Ships of copartners assessed where own- 
ers reside. 

17. State treasurer to send tax warrants to 
sheriffs. 

18. By what rules all taxes to be assessed. 

19. Penalty if assessors refuse to obey warrant. 
In sucli cJise commisf^iooers to appoint. 

20. Town, &c., liable for state or county tax 
not assessed. 

21. Keepers of taverns, &c., to give names of 
persons taxable. Penalty. 

22. Assessors to give notice, to bring in lists 
of polls and property. 

23. may verify lists by oath of party. 

24. to make a f;ur cash valuation. 

25. to receive lists as true, unless, &c. 

26. Penalty for agreement to assessment on 
limited amount, &c., with view to resi- 
dence. 

27. Assessors shall make an estimate when 
lists are not brought in. 

28. Estimate conclusive, unless, &c. 

29. State, county and town taxes in one as- 
sessment. 

30. County and city taxes in Boston. Chel- 
sea, &c., exempt. 

31. Proportions to be assessed on polls, and 
property. 

32. Assessors may add five per cent, for con- 
venience of apportionment. 

33. to deposit coi)y of valuation in office. 

34. What shall be contained in valuation : es- 
tates of inhabitants ; estates of non-resi- 
dents. 

35. Form of tax list for collectors. 

36- Valuation list to be sworn to by assessors. 

37. Penalty on assessor omitting to take oath, 
&c. 

38. Assessors to commit lists to collectors, &c. 

39. Contents and form of warrant. 

40. If warrant is lost, itc, new one may issue. 

41. Discounts may be allowed. 

42. rates of, to be posted up. 

43. Abatements. 

44. Costs before abatement, &c. 



74 



ASSESSMENT OF TAXES. 



[Chap. 11. 



Section 

45. If assessors refuse to abate taxes, &c. 
40. Xo abatonieut allowed unless, &c. 

47. To be applied for withiu six months. 

48. If tax is paid, amount of abatement to be 
paid out of town treasury. 

49. Party entitled to certilicate of his abate- 
ment. 

50. Assessors to assess persons applying seven 
days before an election. 



Section 

51. Assessors to be responsible only for fidel- 
ity, &c. 

52. Pay of assessors. 

REASSESSMENT OF TAXES. 

53. Taxes, invalid, &c., except poll taxes, may 
be reassessed. 

ILLEGAL ASSESSMENTS. 

54. to be void to extent of illegal excess. 



PERSONS AND PEOPEETT SUBJECT TO TAXATIOX. 



Poll tax. 
E. S. 7, § 1. 
184.3, 87. 
1844, 145. 
7 Mass. 523. 

4 Met. im. 

5 Met. 6iH. 
Property tax. 
K. S. 7, § 2. 

4 Mrt. 51-4. 
4 Cusli. I-'. 
H Cil«h. -HT. 
4 (.iray, 51 K). 
. Keal. 
R. S. 7, § 3. 
10 Cush. 514. 
Personal. 
E. S. 7, § 4. 
183',), 139, § 2. 
1840, IM. 
Hi Pet. 435. 
fi Pick. 98. 
10 Pick. 572. 
« Met. 73, 199. 
7 Cush. (iOO. 
10,Cush. 128. 



Section 1. A poll tax shall be .assessed in the manner hereinafter 
provided, on every male inhabitant of the commonwealth above the age 
of twenty year.s, whether a citizen of the United States or an alien. 

Sect. 2. All property, real and personal, of the inhabitants of this 
st.ate, not expressly exempted by law, shall be subject to taxation as 
hereinafter provided. 

Sect. 3. Real estate, for the purposes of taxation, shall include all 
lands within this state, and all buildings and other things erected on or 
affixed to the same. • 

Sect. 4. Personal estate shall, for the purposes of taxation, include 
goods, chattels, money, and eflects, wherever they are, ships and vessels 
at home or abroad, money at interest, and other debts due the persons 
to be taxed more than they are indebted or pay interest for, public 
stocks and securities, stocks in turnpikes, bridges, and moneyed coqio- 
rations, witliin or without the state, the income from an annuity, and so 
much of the income from a profession, trade, or emplo}^nent, as exceeds 
the sum of six hundred dollars a year; but no income shall be taxed 
■which is derived from property subject to taxation. 



Exempted. 
K. S. 7, § 5. 
See Ch. 13, § 75. 
Property of the 
United States. 

of the state. 
1853, 122. 
4 Met. 5(V4. 
H Cush. 237. 
4 Gray, 600. 

certain insti- 
tutions. 
2 Cush. Cll. 



school dis- 
tricts, 
l.si:!, M. 
liuukcr Hill 
Monument, 
llouschold fur- 
niture, &c. 



Churches. 
1S41, 127. 
1 Met. 538. 



Cemeteries, &c. 
1841, 1:4, § 7. 

Estate of asfri- 
cultural soeii^ 
ties. 
1851, 21.1. 

of certain fe- 
m.ale8 to 
amount of five 



PEOPEETT AND PERSONS EXEMPTED FROM TAXATION. 

Sect. 5. The following property and polls shall be exempted fi"om 
taxation : — 

First. The property of the United States. 

Second. The projierty of the commonwealth, except real estate of 
which the commonwealth is in possession under a mortgage for condi- 
tion broken. 

Third. The personal property of literary, benevolent, charitable, and 
scientiiic institutions incor]iorated within this commonwealth, and the 
real estate belonging to such institutions, occupied l)y them or their 
officers for the puqjoses for which they were incorporated. 

Fourth. All ]u-operty belonging to common school districts, the 
income of which is a])])i'o]irintcd to the purposes of education. 

Fifth. The Bunker Hill Monument. 

Sixth. The household furniture of every person, not exceeding one 
thousand dollars in value, his wearing apparel, farming utensils, and 
mechanics' tools necessary for carrying on his business. 

Seventh. Houses of religious worship, and the ]iews and furniture 
(exce])t for parochial purjioses) ( but jiortions of such houses ajiprojm- 
ated tor purposes other than religious worship shall be taxed at the 
value thereof to the owners of the houses. 

Eighth. Cemeteries, tombs, and rights of burial, so long as the same 
shall l)e dedicated for the burial of the dead. 

Ninth. The estate, both real and personal, of incorporated agricul- 
tural societies. 

Tenth. The ]iro]ierty to the amount of five hundred dollars of .a 
widow or unmarried female, and of any temale minor whose father is 
deceased, if her whole estate real and personal not otherwise exempted 



Chap. 11.] assessment of taxes. 75 

from taxation does not cxcoed in valuo the sum of one thousand dol- lunidiTii doi- 

•'''l^- 1858, 4:), §1. 

Eleventh. Mules, horses, and neat cattle, less than one year old; and Cattle, &c. 
swine and sheep less than six months old. 

Twelfth. The polls and estates of Indians. Indians. 

Thirteenth. The ])olls and any portion of the estates of persons who Poiisandee- 
by reason of age, infirmity, and po\erty, are in the judgment of the lilJabie'tomv"* 
assessors unable to contribute fully towards the public charges. 

WHEEE POLLS AND PROPEETT SHALL BE ASSESSED. 

Sect. G. The poll tax shall be assessed upon each taxable person, in Pou tax, whcic 

the place where he is an inhabitant on the first day of May in each h^s'^^^sb 

year, except in cases otherwise jjrovided for by law. The poll tax of 1 iuet. -iiUj^oa. 

minors liable to taxation shall be assessed to, and in the places of the n*cu*8ii!*362. 

residence of, the parents, masters, or guardians, havins control of the 2 Gray, 484. 

f \ ■ 1 ..•/•• 1 .. X 12 Cush. 44, J-', 

persons 01 such minors ; but 11 a mmor lias no parent, master, or guar- 54. 

dian, within this state, ho shall be personally taxed for his poll, as if he 
were of full age. The ]ioll tax of every other person under guardian- 
ship shall be assessed to his guardian in the place where the guardian 
is taxed for his own poll. 

Sect. 7. A taxable person in a city or town on the first day of May Person to be 
who, when inquired of by the assessors thereof, refuses to .state where de^f.S^atcs'his"' 
he considers his legal residence to be, shall for the purpose of taxation piad of rcsi- 
be deemed an inhabitant of such place. If when so inquired of he iSo.'a'o. ^ 
designates another place as his legal residence, said assessors shall notify 
the assessors of such ])lace, who, upon receiving the notice, shall tax 
such person as an inhabitant of their city or town. But such person 
shall not be exemj^t from the pajTiient of a tax legally assessed upon 
him in the city or town of his legal domicil. 

Sect. 8. Taxes on real estate shall bo assessed in the city or town Real estate, 
where the estate Ues, to the person who is either the owner or in pos- k''"*:^^'^' 
session thereof on the first day of May. Mortgagors of real estate shall, 1 Cush. 142 
for the purposes of taxation, be deemed owners until the mortgagee ^>Giny, Tss! 
takes possession, after which the mortgagee shall be deemed the owner. " (ir-iyi 12-, 277. 

Sect. 9. When a tenant paying rent tor real estate is taxed therefor, Tenant may rev 
he may retain out of his rent the taxes paid by him, or may recover the ["rd.'tlxespaid, 
same in an action against his landlord, unless there is an agreement to ^° g" j' 4'g 
the contrary. ' ' '' 

Sect. 10. The undivided real estate of a deceased person may be Real estate of 
assessed to his heirs or devisees without designating any of them by n"yb" as^lsed 
name, until they have given notice to the assessors of tlie division of !y ''.'r"!;]*?' 
the estate and the names of the several heirs or devisees ; and each heir wii'oUs'with 
or devisee shall be liable for the whole of such tax, and when paid by ^^^^H^" ™''*"- 
him he may recover of the other heirs or devisees their respective por- K. s. 7, § 12. 
tions thereof. 

Sect. 11. The real estate of a person deceased, the right or title to or to estate 
which is doubtful or unascertained by reason of litigation concerning "!,|'j!|.^r?f,'i^ig in 
the will of the deceased, or tlie validity thereof, may be assessed in gen- dispute, 
eral terms to the estate of the deceased; and said tax shall constitute a perMuai estate, 
lien upon the land so assessed, and may be enforced Ijy the sale of the o'J'^„eVrosMes 
same or a part thereof, as iirovided for enforcing other liens for taxes r. s. 7, §§9,'jo. 
on real estate. " I'^'i'V^- 

h 1 U'k. us. 

Sect. 12. All personal estate within or without this state, shall be 1 J."'; -^^i^"- 
assessed to the owner in the city or town where he is an inhabitant on n cusii. 302. 
the first day of May, except as follows : i] gj"''-'|S- 

First. All goods, wares, merchandise, and other stock in trade, (except ' cxcept'stock 
ships or vessels owned by a copartnership,) including stock emjiloyed in j.mpfjfye *£' 
the business of manufacturing or of the mechanic arts, in cities or towns other towns. 



76 



ASSESSMENT OF TAXES. 



[Chap. 11. 



1839, 139, § 1. 
1859, 114. 
4 Met. 186. 
4 Cush. 543. 
10 CuBb. Ii5 
G Gruy, 579. 

Machinery, 
where taxed, 
&c. 
1837, 86. 



Horses, &c. 
1S57, 301, § 1. 



Property of 
persons under 
guardianship. 
1K55, 105. 
1S59, 258. 
2 Gray, 494. 



Trust property, 

Ac. 

5 Cush. 93. 

Gray, 132. 



Property de- 
posited to accu- 
mulate. 



of deceased 
persons. 
1848, 235. 
1852, 234. 
6 Pick. 236. 
4 Cush. 1. 



within the state, other than where the owners reside, whether such own- 
ers reside within or without this state, sliall be taxed in those places 
where the owners hire or occupy manufactories, store.s, shops, or wharves, 
whether such property is within said phices or elsewhere on the fii'st day 
of May of the year when the tax is made. 

Second. All machinery emjiloyed in any branch of manufactures, 
and belonging to a person or corjioration, shall be assessed where such 
macliinery is situated or cmploj'ed ; and, in assessing the stockholders 
for their shares in any manulactiiring corporation, there shall first be 
deducted fi'om the value thereof, the value of the machinery and real 
estate belonging to such corporation. 

Third. Horses, mules, neat cattle, sheeji, and swine, kept throughout 
the year in jilaces other than those where the owners reside, whether 
such owners reside within or without this state, and horses emjiloyed in 
stages or other vehicles for the transjjortation of passengers for hire, 
shall be assessed to the owners in the places where they are kept. 

Fourth. Personal property belonging to persons under guardianship, 
shall be assessed to the guardian in the place where the ward is an in- 
habitant, unless the ward resides and has his home without the state, in 
which case it shall be taxed to the guardian in the place where he is an 
inhabitant. 

Fifth. Personal property held in trust by an executor, administrator, 
or trustee, the income of which is payable to another person, shall be 
assessed to the executor, administrator, or trustee, in the place where 
such other person resides, if within the state, and if he resides out of the 
state it shall be assessed in the place where the executor, administrator, 
or trustee, resides, and if there are two or more executors, administra- 
tors, or trustees, residing in difterent places, the property shall be as- 
sessed to them in equal portions in such places, and the tax thereon 
shall be paid out of said income. If the executor, administrator, or 
trustee, is not an inhabitant of this state, it shall be assessed to the per- 
son to whom the income is payable, in the place where he resides. 

Sixth. Personal property placed in the hands of a corporation or 
individual as an accumulating fund for the future benefit of heirs or 
other persons, shall be assessed to such heirs or persons, if within the 
state, otherwise to the person so placing it or liis executors or adminis- 
trators until a trustee is appointed to take charge of such proj^erty, or 
the income thereof 

Seventh. The personal estate of deceased persons shall be assessed 
in the place where the deceased last dwelt. After the appointment of 
an executor or administrator, it shall be assessed to such executor or 
administrator until he gives notice to the assessors that the estate has 
been distributed and paid over to the parties interested therein. Before 
such a]ipointment it shall be assessed in general terms to the estate of 
the deceased, and the executor or administrator sub.scquently appointed 
shall be liable for the tax so assessed in like manner as though assessed 
to him. 

Sect. 13. Property held by a religious society as a ministerial fund 
shall be assessed to the treasurer of the society. If such property con- 
sists of real estate, it shall be taxed in the town where it lies ; if it con- 
sists of personal property', it shall be taxed in the town where such soci- 
ety usually hold their meetings. 

Sect. 1-1. Personal property mortgaged or jiledged shall, for the pur- 
poses of taxation, be deemed the )iroj)erty of the party who has the 
possession. 

Sect. 15. Partners in mercantile or other business, whether residing 
ent places, may be jointly taxed under their partner- 
ship name in the place where their business is carried on, for all the 
personal property employed in such business, excejtt shii)S or vessels. 



Property held 

lis a ministerial 

fund. 

K. S. 7, § 10. 

19 Pick. 542. 



Personal prop- 
erty, mort- 
gaged, &c. 
1!. S. 7,§11. 
10 Met. 334. 
Partners may 

fw stoJk to"'"'"' i» tli<^ same or difte 

trade. 



Chap. 11.] assessment of taxes. 77 

If they have places of business in two or more towns, they shall be h. .S. r, § 13. 
taxed in each of such places for the proportion of property employed J^^'si^ogs. 
therein. When so jointly taxed each partner shall be liable for the ^ Gray, 132. 
whole tax. 

Sect. 16. Ships or vessels owned by a copartnership shall be assessed ships of copmt- 
to the several partners in theii- places of residence, proportionally to «^h"re'*owuere 
their interests therein. !'cfi''l',. 

Ibatj, 114. 
MAJSnSTER OF ASSESSDfG TAXES. 

Sect. 17. When a state tax is to be assessed, the treasurer shall send state treasurer 
his warrants for the assessing thereof, to the sheriffs of the several coun- 'varrantl'm 
ties, who shall immediately transmit them to the assessors to whom eheriffs. 
they are directed. 

Sect. IS. The assessors shall assess state taxes for which they re- By what rules 
ceive warrants from the treasurer, according to the rules prescribed in agsejeel'" ^^ 
this chapter. They shall in like manner assess all county taxes which i!. s. ;, §_i6. 
are duly certified to them, all city or town taxes voted l)y their places, " ^ ■ ' ■ 
and all taxes duly voted and certified by school districts therein. 

Sect. 19. If the assessors of a city or town neglect to obey a war- Penalty if as- 
rant so received from the treasurer, or to assess such a county, town, or lo'obey war-^^ 
district tax, each assessor so neglecting shall forfeit a sum not exceeding raut. 
two hundred dollars ; and the commissioners in the respective counties commissioners 
sliall forthwith ap]5oint other suitable persons to assess such tax, accord- ^ "^'P-"'^,';. ,j 
ing to the warrant of the treasurer. The per.sons so appointed shall 
take the same oath, perform the same duties, and be liable to the same 
jienalties, as are provided in the case of assessors of towns. 

Sect. 20. If within five months after the recei])t of a waiTant from Town, &c., lia- 
t lie state treasurer, or a certificate from the county commissioners re- county tax uoT 
quiring the assessment of a tax, the same is not assessed and certified ff ^|''^|''; 3- 
as the law requires, the amount of the tax may be recovered of the city itsi'aia. 
or town where the neglect occurs, in an action of contract by the 
treasurer of the state or county respectively. 

Sect. '21. Keepers of taverns and boarding-houses, and masters and Keepers of tav 
mistresses of dwelling-houses, shall, upon apjilicatyun of an assessor in ^""^011-1^ 
the jdace where their house is situated, give information of the names persous taxa- 
of all persons residing therein and liable to be assessed for taxes, renaity. 
Every such keeper, master, or mistress, refusing to give such information Jg^- }^- 
or knowingly giving fiilse information, sliall forfeit twenty dollars for 
each oiience. 

Sect. 22. Before proceeding to make an assessment, the assessors Assessors to 
shall give seasonable notice thereof to the inhabitants of their respective fring"°J'ifst°t,f 
jilaces, at any of their meetings, or by posting up in their city or town polls and prop- 
one or more notifications in some public place or jilaces, or by some e.s. r, §19. 
other sufficient manner. Such notice shall require the inhabitants to ^-c^g^^-ji'- 
bring in to the assessors, within a time therein sj^ecitied, true lists of all s cusu! 55! 
their polls and estates, both real and personal, not exempted from taxa- 
tion. 

Sect. 2.3. The assessors shall in all cases require a person bringing shall verify 
in such a list, to make oath that the same is true ; which oath may be Jl"', paJiy""' ""^ 
administered by either of the assessors. k. s. r, § 20. 

Sect. 24. The assessors of each place shall at the time appointed to make cash 
make a fiir cash valuation of all the estate real and personal, subject to l^s^'V.^'ei. 
taxation therein. _ rGra^'%V" 

Sect. 25. They shall receive as true the list brought in by each indi- to'^receive 
vidual according to the provisions of this chapter, unless on being |j,gg* If^"""' "" 
thereto required by the assessors, he refuses to answer on oath all k. s. 7, § 22. 
necessary inquiries as to the nature and amount of his i)ro]iorty. s'cush. «!" 

Sect. 26. Any person who in any way directly or indirectly pro- 
7* 



78 



ASSESSMENT OP TAXES. 



[Chap. 11. 



Penalty for 
jigreeing to 
assessmeut on 
limited amount, 
&c., witli view 
to residence, 



Assessors shall 
make an esti- 
mate, when lists 
are not brought 
in. 

R. S. 7, § 23. 
8 Cush. Ii3. 

To be conclu- 
sive, unlesH, &c. 
K. S. 7, § -.H. 
5 Cush. 'J7. 
S Cush. 03. 

State, county, 
and town tuxes 
in one assess- 
ment. 

K. S. 7, § 25. 
County and city 
taxes m Bos- 
ton, how as- 
sessed. 
Chelsea, &c., 
exempt. 
R. S. 7, § 2a. 
11. S. 14, § 34. 
21 Pick. ivi. 
Proportions to 
be assessed ou 
polls and prop- 
erty. 

R. S. 7, § 27. 
1!59, 137. 



Assessors may 
add live per 
cent, for conve- 
nience of appor- 
tionment. 
K. S. 7, § 28. 

to deposit a 
copy of valua- 
tiou iu office. 
K. S. 7, § Jti. 
2 Gray, 2'.lfi. 
What shall be 
contained iu 
valuation. 
R. S. 7, § 30. 

estates of in- 
habitants. 
21 Pick. (H. 



estates of 
non-residents. 



poses or agrees to an assessment on any specific or limited amount less 
than he is liable by law to be taxed for, with a view or as an induce- 
ment to make any jiarticular place his residence for the purjiose of 
taxation, shall be punished by tine of one tliousand dollars ; and any 
assessor guilty of mailing or assenting to any such proposal shall be sub- 
ject to a like penalty. 

Sect. 27. They [the assessors] shall ascertain as nearly as possible the 
particulars of the personal estate, and of the real estate in possession or 
occupation, as owner or otherwise, of any person who has not brought 
in sucli list, and make an estimate thereof at its just value, according 
to their best information and belief. 

Sect. 28. Such estimate shall be entered in the valuntion, and shall 
be conclusive upon all persons who have not seasonably brought in lists 
of their estates, unless they can show a reasonable excuse for the 
omission. 

Sect. 29. The assessors, when they think it convenient, may include 
in the same assessment their state, county, and town taxes, or any two 
of them. 

Sect. .30. In the city of Boston, all taxes assessed for city or county 
purposes may be assessed separately, as county taxes and as city taxes, 
or under the denomination of city taxes only, as the city council from 
time to time directs. Chelsea, North Chelsea, and Winthrop, shall not 
be taxed for county purposes. 

Sect. 31. Tiie assessors shall assess upon the polls, as nearly as may 
be, one-sixtli part of the whole sum to be raised ; but the whole poll 
tax assessed in one year upon an individual for town, county, and state 
purposes, except highway taxes separately assessed, shall not exceed 
one dollar and fifty cents ; and the residue of such whole sum shall be 
apjiortioned upon property, as provided in this chapter. 

Sect. 32. They may add to the amount of a tax to be assessed, 
such sum, not exceeding five per cent, thereof, as any fractional divisions 
of the amount may render convenient in the apportionment. 

Sect. 33. They shall make a list of the valuation and the assess- 
ment thereon, and, before the taxes assessed are committed for collec- 
tion, shall deposit the same, or an attested copy thereof, in their ofiice, 
or if there is no offict, with their chainnan, for public inspection. 

Sect. 34. The first part of the list shall exhibit the valuation and 
assessment of the polls and estates of the inhabitants assessed ; and 
shall contain in sejjarate columns the following particular.s, to wit : — 

The names of the inhabitants assessed ; and opposite to their names, 

The number of polls. 

The amount of their ])oll tax. 

The description of their real estate. 

The true value of their real estate. 

The tax assessed on such real estate. 

The description of their personal property. 

The true value of their personal property. 

The tax on their personal pro))erty. 

The sum total of each person's tax. 

The second part shall exhibit the valuation and assessment of the 
estates of non-resident owners ; and shall contain in separate columns 
the following jiarticulars, to wit: — 

The names of the non-resident owners of the property assessed, or 
such description of them as can be given. 

Their places of abode, if known. 

The descri]ition of their estate. 

The true value of such estate. 

The tax thereon. 



Chap. 11.] assessment of taxes. 79 

Sect. 35. The tax list committed to the collectors shall be in sub- Form of tax Ust 

^ i, for coUcctors. 

Stance, as loUows : k. s. 7, § ai. 



Names. 



No. of PoUs. 



Poll Tax. 



Tax on Kual 
Kstatc. 



Tax on Personal- m«+ai 
Property. ^''^• 



Time when 
paid. 



9 Pick. 9?. 
2 Gray, 298. 



NON-RESIDENTS. 



Names. 



Places of abode, if known. 



Tax. 



Sect. 36. The assessors, or other persons empowered to assess tlie Valuation list 
taxe.s in a city or town, shall, at the close of said valuation list, subscribe i.y^i'sre^sOTs!" 
and take the following oath : i»53, 319, § 3. 

" We, (the assessors, or mayor and aldermen, as the case may be, of ,) do 

hereby solemnly swear that tiie foregoing list is a full and true list of the names of 
all persons known to us who are liable to taxation in , (here insert the name 

of the city or tov.n,) during the present year, and that the real and personal estate con- 
tained in said list, and assessed upon each individual m said list, is a full and accurate 
assessment upon all the property of each mdividual, liable to taxation, at its full and 
fair cash value, according to our best knowledge and belief." 

Sect. 37. Any assessor or other person assessins; taxes in a citj' or penalty on as- 
town, who omits to take and subscribe the oath prescribed in the pre- J'i'lJ',™'^'' iJSJ^*" 
ceding section, shall be ])unished by a fine of ten dollars; l)ut the omis- oatli. 
sion to take and subscribe said oath shall not prevent the collection of "^" sw. §§ 1. 2. 
a tax otherwise legally assessed. 

Sect. 38. The assessors shall, within a reasonable time, commit said AKsessors to 
tax list with their warrant to the collector, or if no collector is chosen eon"()tors*'&c.'' 
to a constable, or if there is no constable to the sheriif or his dejjuty, n.s. r,§§:i2,34. 
for collection. u! s.' w, §.33. 

Sect. 39. The warrant sh.all specify the duties of the collector as V '■*''''.■ !f.- rn, 
prescribed by law in the collection of taxes, the times when and the Co'iitents and 
persons to whom he shall pay them in, shall be substantially in the form J""" "'"^'''"■- 
heretofore used, and need not be under seal. n- s. 7, § 33. 

Sect. 40. When a warrant issued for the collection of taxes is lost r, M^t'. :!«'. 
or destroyed, the assessors may issue a new warrant therefor, which shall Ji "-'rrant is 
have the same force and effect as the original warrant. one may issue. 

Sect. 41. Towns, at their annual meeting, and city councils of cities jj; |'. ^'4 of' 
may allow a discount of such sums as they tliink exjiedient to ]iersons ainend. § 1. 
making voluntary payment of their taxes within such periods of time ul's?™! 35. 
as they prescribe. In such case the collectors shall make such discount 
accorilingly. 

Sect. 4ii. When such discount is allowed, the assessors, at the time of r.ites to be 
committing tlieir warrant to the collector, shall post up in one or more f ""^''i "^go 
public places within the city or town, notice of the rates of discount. 

Sect. 43. A person aggrieved by the taxes assessed upon him, may Abatements, 
apply to the assessors for an abatement thereof; and, if he makes it }}\f^J'J?'' 
apjiear that he is taxed at more than his just proportion, they shall make I Cutih.Si. 
a reasonable abatement. Enll^ll'??^^ 

Sect. 44. If legal costs have accrued before making such abatement, Costs before 
the person apjahdng for the abatement shall j)ay tlie same. k."?."',™'*!*. "' 

Sect. 4.5. If the assessors refuse to make an abatement to a person, s™ § 4s. 
he may, within one month thereafter, make complaint thereof to the fuse to abate, ' 
county commissioners by filing the same with their clerk, and if ujion a ^^-^ - s 39 
hearing it appears that the complainant is overrated, the commissioners j; i^ick.'gk 
shall make such an abatement as they deem reasonable. scusil.'ss?' 

Sect. 46. No person shall have an abatement unless he has filed No.ibntcment 
with the assessors a list subscribed by him of his estate liable to taxa- u. s. -', §40. 
tion, and made oath that it is full and accurate according to his best Jji],-' 3^' 1 3' 
knowledge and belief. When such list is not filed within the time i Pick. 399. ' 



80 



ASSESSMENT OP TAXES. 



[Chap. 11. 



5 Pick. 451,498. 

7 Pick. lui). 
21 Pick. a.'S. 

4 Met. 599. 
11 Met. 3:J9. 

5 Cusli. 97. 

6 Cush. 4r7. 

8 Cush. (j-i. 
5 Gray, 3<»5. 
To be' applied 
for witiiiu six 
months. 

K. S. 7. §41. 
If tax is paid, 
nraouut of 
abatement to be 
paid out of 
town treasury. 
K. S. 7, § 4-'. 
Party entitled 
to certilic.iite. 
K. S. 7, 5 41. 
AssessorH to 
assess pfi-sons 
a]iiilyinj,' seven 
davs l»c;orj an 
election. 
1,SV-', va. 
1S".S, 107. 
Vi Met. 178. 



to be respon- 
sible only for 
fidelity, &c. 
11. S. 7, § 44. 

4 Pick. 399. 

5 Pic-k. 451, 498. 
7 Pick. lOfi. 

21 Pick. 3S3. 
4 Mi4. 599. 
11 Met. .3:19. 
4 Gray, 42. 
Pay of assess- 
ors. 

K. S. 7, § 45. 
18.55, 224. 
3 Met. 431. 



specified by the assessors for bringing it in, no complaint from the 
judgment of the assessors shall be sustained by the county commis- 
sioners, unless they are satisfied that there was good cause why such 
list was not seasonably brought in. 

Sect. 47. No abatement shall be allowed to a person unless he makes 
application therefor within six months after the date of his tax bill. 

Sect. 48. A person having an abatement made, shall, if his tax has 
been jsaid, be reimbursed out of the treasury of the city or town to the 
amount of the abatement allowed, together with all charges, except the 
legal costs jirovided for in section forty-four. 

Sect. 49. Every ])erson whose tax is abated, shall be entitled to a 
cortitieate thereof from the assessors, or clerk of the commissioners, or 
other projjer officer. 

Sect. 50. When a person seven days or more prior to any election 
gives notice in writing aceom])anied by satisfactory evidence to the 
assessors of a city or town, that he was at the time of the last annual 
assessment of taxes in such place an inhabitant thereof and liable to pay 
a poll tax, and furnishes under oath a true list of his jiolls and csttite, 
both real and jiersonal not exemjit from taxation, the assessors shall 
assess him for his polls and estate in the same manner they would have 
done if such list had been duly brought in ; and the assessors shall, five 
days at least before any election, deposit with the clerk of the place a 
list of the persons so assessed. The tax thus assessed shall be entered 
ill the tax list of the collector of the city or town, and he shall collect 
and pay it over as specified in his warrant. 

Sect. 51. The assessors shall not be responsible for the assessment 
of a tax in a city, town, parish, religious society, or school district, for 
which they are assessors, when such tax is assessed by them in pursuance 
of a vote for that purpose, certified to them by the clerk or other pr<ii)er 
oflicer of such city, town, ]>arish, religious society, or school district, 
except for the want of integrity and fidelity on their own jiart. 

Sect. 52. Each assessor shall be paid by his city or town one ilollar 
and fifty cents a day, for every whole day that he is employed in that 
service, with such other compensation as the city or town shall allow. 



eeassessmext of taxes. 

Taxes, invalid, Sect. 5-3. Every tax, except a poll tax, which is invalid by reason 
&c., except poll ^f ^,jy error or irregularity in the assessment, and which has not lieen 
reassessed. paid, or which lias been recovered back, may be reassessed by the assess- 
ors for the time being, to the just amount to which, and ujxni the estate 
or to the person to whom, such tax ought at first to have been assessed, 
whether such person has continued an inhabitant of the same city or 
town or not. 



1S59, 11S,§ 1. 



ILLEGAL ASSESSMENTS. 

to be void to Sect. 54. If through any erroneous or illegal assessment or ap]ior- 
extent of illegal tionment of taxes, a party is assessed more or less than his due i)ropor- 
isB'j, lis, § 4. tion, the tax and assessment shall be void only to the extent of the 

Seech. 12, §56. iUggal 6X0688. 



Chap. 12.] 



COLLECTION OF TAXES. 



81 



CHAPTER 12. 



OF THE COLLECTION OF TAXES, 



Sectiox 

1. Collectors to collect taxes. 

2. to complete collections though term ex- 
pire. 

3. Demand to be made. 

4. When credit doubtful, taxes may be col- 
lected forthwith. 

5. Person chiiniing abatement must produce 
certificate. Liable to costs. 

6. Errors in names not to defeat collection. 

7. Distress and sale to pay taxes, except, &c. 

8. Distress, ho>v long kept, how advertised, 
and sold. 

9. Sale may be adjourned once. 

10. Seizure of shares, how made, 

11. Sales of ghares seized, how made. 

12. Surplus to be returned to owner. 

13. After fourteen days, party may be impris- 
oned. 

14. Copy of warrant, &c., to be left with jailer. 

15. Persons imprisoned for non-payment of 
taxes, how discharged. 

IG. Collectors, when liable to pay tax, &c 

17. may demand aid. Penalty. 

18. Persons removing from collector's precinct 
%vithout paynig. 

19. Remedy if persons remove, &c., without 
paying. 

20. agiunst executors and administrators. 

21. against persons who are not owners of 
the real estate taxed to them. 

22 Taxes to be lien on real estate for two 
years, &c. 

23. reassessed to be a lien, unless, &c. 

24. Resident mortgagee of real estate, when to 
be called upon for taxes. 

25. When non-resident appoints attorney, de- 
mand how made. 

26. When made, collector to wait two months. 

27. Affidavit of collector, &c. Evidence of de- 
mand on attorney. 

28. Sales of real estate, how advertised. 
29- Contents of advertisement. 

30. Notices, how posted. 



Sectiox 

31. When nume of place has been changed. 

32. Affidavit of publishing and posting notifi- 
cationg to be evidence, if recorded. 

.33. Sale by auction, of sufficient, &c. 

34. Collector may adjourn sale not exceeding 
seven days in whole. 

35. Deed to he given to purchaser, subject, &c. 
When to be recorded. 

.30. Owner may redeem within two years, &c. 
37. how redeemed when purchaser cannot be 

found, &c. 
3S. Duty of treasurer. 
3'.'. Mortgagee may pay taxes on real estate 

in i'L'rl;iiQ cases. 

40. shall i)ay such taxes upon taking pos- 
session. Entitled to deed on tender. 

41. entitled to receipt for such taxes paid to 
collector. May tack same to mortgage. 

4".i. S. J. C. to have equity powers. 

43. When tax list, &c., is committed to eheriff, 
Ac. 

44. Sheriff's fees for collecting, 

45. When treasurers are made collectors, how 
to proceed. 

46. Collectors to exhibit accounts every two 
mouths, if required. 

47. Penalty. 

48. Collectors to be credited with abatements, 
&c. 

49. Deficiency in state or county tax, how sup- 
plied. 

50. Same, when collectors neglect to pay. 

51. Remedy for collector's neglect. 

52. If collector becomes Insane, Ac, selectmen 
may remove him. 

53. Tax list of deceased collector, how to be 
completed. Temporary collector. 

54. If collector dies, list to be delivered to se- 
lectmen. 

55. Compensation. 

RECOVERY OF TAXES COLLECTED. 

56. Taxes paid to collector,when recovered back. 



Sectiox 1. Every collector of taxes, constable, sheiiff, or deputy 
sheriff* receiving a tax list and waiTant from tlie assessors, shall proceed 
to collect the taxes therein mentioned, according to the warrant. 

Sect. 2. The collector shall, unless removed from office as herein- 
after provided, complete the collection of taxes committed to him, 
although his teiTn of office expires before such completion. 

Sect. 3. Collectors shall before distraining the goods of a person for 
his tax, demand pa^Tnent thereof from such person, either personally or 
at his usual phice of abode, if to be found within their precincts. 

Sect. 4. When the credit of a person taxed is considered doubtful 
l)y the assessors, they may order the collector forthwith to compel pay- 
ment by distress or imprisonment, whether the tax is made payable 
immediately, at a future day, by instalments, or otherwise. 

Sect. 5. If a person claims the benefit of an abatement, he shall 
exhibit to the collector demanding his taxes, a certificate of such abate- 
ment, from the assessors or other proper officer, as provided in chapter 
eleven ; and shall be liable to pay ail costs and officers' fees incurred 
before exhibiting such certificate. 
11 



Collectors to 
colh^ct taxes. 
K.S.7, §^4. 
R- S.S, §§ 1,33. 

to complete 
collections 
though term 
expire. 
R. S. S, § 2. 
Demand to be 
made. 
K. S. 8, § 3. 
1 Met. 328. 

Wlien credit 
douliTtul, taxes 
may be collect- 
ed ^orthwith- 
R. S. S, § 12. 

Person claiming 

alvitr-ni'^nT must 

produce certifi- 

cat". 

Liable to costs. 

R. S. S, § 4. 

9 Met. 5(H. 



82 



COLLECTION OF TAXES. 



[Chap. 12. 



Errors in names 
not to rk'io.it 
collection. 
E. S. 8, § 5. 

6 Met. 4r4. 

7 Gray, 12r. 
Distress .lud 
Bale to pay tax- 
es ; except, &c. 

K. s. s, § ;. 
I8i<i, \'.m, § 1. 

9 Met. 304. 
11 Ciisli. •T'iS. 
7 Gray, 133. 



Distress, how 

louf^ kept, how 

advertised and 

sold. 

E. S. 8, § 8. 

I Met. »M. 
1.3 Met. S5. 

II Cash. 338. 

Sale may 

be adjourned 

once. 

E. S. 8, § 9. 

Seizure of 
shares, how 
made. 
181G, 195, § 2. 



Sales of shares 

seized, how 

made. 

IS-hi, 105, §§ 3, 4. 

4 Cush. 10. 

11 Cush.:«8. 



Surplus to be 
returned to 
owner. 
K. S. 8, § 10. 
5 Gray, 53n. 
After fourteen 
days, party may 
be imprisoned. 
E. S. 8, § 11. 
13 Jlet. 85. 
2 Gray, 298. 
7 Gray, 133. 
13 Gray, 93. 
Copy of war- 
rant, &c., to be 
left with jailer. 
E. S. S, § 13. 



Persons im- 
prisoned ibr 
non-payment of 
taxes, iiow dis- 
charged. 
IKor, 141, §34. 
See Ch. 124. 



Collectors, 
when liable to 
pay, &c. 



Sect. C. If, in the assessors' lists or in tlieir warrant an<l list com- 
mitted to the collectors, there is an error in the name of a person taxed, 
the tax assessed to him may be collected of the person intended to be 
taxed, if he is taxable and can be identified by the assessors. 

Sect. 7. If a person refuses or neglects to pay his tax, the collector 
shall levy the same by distress or seizure and sale of his goods, including 
any share or interest he may have as a stockholder in a corjioration 
incorporated under authority of this commonwealth, and excepting the 
following goods : 

The tools or implements necessary for his trade or occupation ; beasts 
of the plough necessary for the cultivation of his improved lands; mili- 
tary arms, utensils for house-keeping necessary for upholding life, and 
bedding and apparel necessary for himself and fliniily. 

Sect. 8. The collector shall keep the goods distrained, at the expense 
of the owner, for four days at least, and shall, witliin seven days after 
the seizure, sell the same by public auction, for payment of the tax and 
charges of keeping and sale, having given notice of the sale by posting 
ii|) a notification thereof in some public place in the city or town, lorty- 
eight hours at least before the sale. 

Sect. 9. The collector may once a<liourn such sale for a time not 
exceeding three days : he shall fortlnvifli give notice of such adjourn- 
ment, by posting a notification at the place of sale. 

Sect. 10. The seizure of a share or other interest in a corporation 
may be made by leaving with any officer of the corporation, with whom 
a cojiy of a writ may by law be left when the share of a stockholder is 
attached on mesne process, an attested copy of the warrant, with a cer- 
tificate thereon, under the hand of the collector, setting forth the tax 
which the stockholder is to pay, and that, u]ion his neglect or refusal to 
pay, the collector has seized such share or interest. 

Sect. 11. The sale of such share or interest shall be made in the 
manner prescribed by law for the sale of goods by collectors of taxes in 
like cases, and also subject to the jirovisions of sections forty-six and 
fortj'-seven of chapter one hundred and thirty-three, respecting sales on 
executions. 

Sect. 1:2. If the distress or seizure is sold for more than the tax and 
charges of kee])ing and. sale, the collector shall return the surplus to the 
owner, upon demand, with an account in writing of the sale and charges. 

Sect. 13. If a person refuses or neglects for fourteen days after 
demand to pay his tax, and the collector cannot find sutticient goods 
u]ion which it may be levied, he may take the body of such ])erson and 
coinmit him to prison, there to remain until he pays the tax and charges 
of commitment and im])risoiiment, or is discharged by order of law. 

Sect. 14. When the collector commits a ]ierson to prison, he shall 
give the keeper thereof an attested copy of the warrant, with a ceriifi- 
cate thereon, under the hand of the collector, setting forth the sum wliicli 
such person is to pay as his tax, with the cost of taking and committing 
him, and that upon his having neglected ]iayment for fourteen days, or 
otherwise, as the case may be, and for want of goods whereof to make 
di.stress, he has taken his body. 

Sect. 15. When a person committed to ]irison for the non-]iayment 
of taxes is unable to pay the same, he shall be entitled to his discharge 
in like manner as persons committed on execution. The notice required 
in such case to be given to the creditor, may be given to either of the 
assessors or the collector by whom the party was committed. And tlie 
assessors and collector, or any of thtni, may ajipear and do all things 
which a creditor might do in case of arrest on execution. 

Sect. 16. If sucli person is discharged, the collector sliall be liable to 
pay the tax with the charges of imiuiscinment, unless he arrested and 
committed the party within one year alter the tax was committed to 



Chap. 12.] collection of taxes. 83 

liiia to collect, or unless he is exonerated therefrom by the city, town, r.s.8, §r)0. 
or parish, to which the tax is due. ' " ' '*"' 

Sect. 17. A collector when resisted or impeded in the exercise of his Collectors may 
office, may require any suitable person to aid him therein, and il" such p""a"ty.'"''' 
per.son refuses to render such aid, he shall forfeit a sum not exceeding k. .s. .-.; § g. 
ten dollars. 

Sect. 18. When a person, after the assessment of a tax upon him, persons remov- 
remo^-es out of the precinct of the collector without paying his tax, the ,'||.t/|,"'".1;';''.1^'^" 
collector may demand jjayment thereof wherever such |jerson is found; without jiaying. 
and in default of payment the collector may forthwitli proceed to col- isit.ai. *' 
leet the tax by making a distress, or by commitment of such person to 
the prison of the county where he is found ; or the collector may issue 
his warrant to the sheriif of the county or his deputy, or to any con- 
stable of the place, where such person is found, directing them to distrain 
the projierty or take the body of such person, and to proceed therein in 
like manner as required of collectors in like cases. 

Sect. 19. When a person taxed removes as aforesaid, or dies, or Remedy ifper- 
neglects to pay his tax for one year after it is committed to the collector, &°"f wftjlout" 
or being an unmarried woman, marries, before jjayment of the tax, the I'i'yii'g- 
collector may, in his own name, maintain an action of contract therefor iKi:.','3i2. 
in like manner as for his own debt, and he may for that jnirpose in like /i'^j^^'J'^^ 
manner have a process of foreign attachment airainst any trustee of such as' Pick. 235. 
person. ' '''^'■'''- 

Sect. 20. When a tax is assessed upon the personal estate of a against exec- 
deceased person, the collector may maintain an action of contract there- miu'Strators." 
for in li's own name, as for his own debt, against the executor or admin- '^^l^' J.'s- 
istrator; and if a tax is so assessed before the appointment of an issaJ-Tia! 
executor or administrator, he may enforce it against the estate and its 
representative after such appointment, in like manner as if the assess- 
ment had been made subsequently thereto. 

Sect. 21. When a person is taxed for real estate in his occxipation, against pcr- 
but of which he is not the owner, the collector, after demand of pay- not owncrs'of 

estate 
them. 



ment, may levy the tax by distress and sale of the cattle, sheep, horses, »'"> ""'/i' ' 
swine, or other stock or produce, of such estate, belonging to the owner u.s.v, §5 10, ir 
thereof, which within nine months after such assessment is committed 
to him shall be found upon the premises, in the same manner as if such 
stock or produce were the property of the jjcrson so taxed ; but such 
demand need not be made if the person on whom the ta.x is assessed 
resided within the precinct of the collector at the 'time of the assessment, 
and subsequently removes therefrom and remains absent three months. 

Sect. 22. Taxes assessed on real estate .shall constitute a lien thereon Taxes to be 
for two years after they are committed to the collector; and may with tate fm'tivo'^' 
all incidental costs and expenses be levied by sale thereof if the tax is years, *c. 
not paid within fourteen days after a demand of pajmient made either isss'asu, §i. 
upon the person taxed or upon any person occupying the estate ; but .^ ^^^^- '^■ 
the collector may sell real estate for taxes after two years have elapsed, 
unless the estate has been alienated in the mean time. 

Sect. 23. Taxes reassessed on real estate shall constitute a lien reasscssod, to 
thereon from the time they are committed to the collector, unless the Jfes,'*".' "" 
estate has been alienated between the first and second assessments ; and i^^'-it us, §§ 1,2. 
may be levied as pro\'ided in the preceding section. 

Sect. 24. If a mortgagee of real estate, situated in the place of his Resident mort- 
residence, previously to the assessment of a tax, gives written notice to f iTp'^^v'ifen tolw 
the clerk of such place that he holds a mortgage thereon, with a descrij)- eaiied upon for 
tion of the estate, the collector before proceeding to sell it for non-pay- ]i4|,^lfi<i, § i 
ment of taxes shall demand payment of said taxes of the mortgagee, as 
provided in section twenty-two. 

Sect. 25. If a mortgagee or non-resident owner of real estate, pre- Wh™ non resi- 
viously to the assessment of a tax, gives a written a\ithoiity to some 'i.-nt :.i.i>..intB 



84 



COLLECTION OF TAXES. 



[Chap. 12. 



attorney, de- 

maml how 

maclf. 

K. S. 8, § 20. 

1S4S, 100, § a. 



When made, 
collector to 
wait two 
months. 
K. S. 8, § 21. 
Affidavit of col- 
lector, &c., evi- 
dence of de- 
maud ou attor- 
ney. 
E. S. 8, § 22. 



•Sales of real es- 
tate, how adver- 
tised. 

E. S. 8, § 24. 
13 Gray, 77. 



Contents of ad- 
vertisement. 
E. S. 8, § 3.5. 
1848, 160, § 3. 
4 Gush. 205. 
7 Cush. 503. 
Notices, how 
posted. 
E. S. 8, § 27. 
1848, 100, § 4. 



When name of 
place has been 
changed. 
E. S. 8, § 20. 



Affidavit of 
postin;:,^ anil 
publishinL^to be 
evidence, it re- 
corded. 
E. S. 8, § 23. 



Sale bj' auction 
of sufficient, &c. 
E. S. 8, §§ 38, 29. 
13 Gray, 77. 



Collector may 

adjourn sale, 

&c. 

E. S. 8, § 30. 



Deed to be given 
to purchaser, 
Bubject, &c. 



inhabitant of the place as his attorney, to pay the taxes imposod on such 
estate, and the authority is filed with, or recorded by, the clerk of the 
place, the demand of payment shall be made upon such attorney before 
the estate is sold ; otherwise, no demand need be made of payment of 
taxes assessed on the real estate of non-resident owners. 

Sect. 26. When a demand is made upon the attorney under the 
preceding section, the collector shall not advertise the sale of the lands, 
until two months from the time of such demand. 

Sect. '21. The affidavit of a disinterested person, or the collector, 
who makes a sale of land for the jjaymeiit of taxes, taken before a justice 
of the peace and recorded by the clerk of the ])lace where the land lies, 
before a sale is made, and stating the demand of payment of the tax, 
the person of whom, and the time and manner in ■which, it was made, 
shall be competent evidence of the demand. 

Sect. 28. The collector shall give notice of the time and place of 
sale of real estate taken for taxes, by an ad\ertisement thereof three 
weeks successively in some newspaper of the county where the real 
estate lies, if there is such newspaper, and if not, then in a newspaper 
printed in an adjacent county; the last publication to be at least one 
week before the time of sale. 

Sect. 29. The advertisement shall contain a substantially accurate 
description of the several rights, lots, or divisions, of the estate to be 
sold, the amount of the tax assessed on each, the names of all owners 
known to the collector, and the taxes assessed on their respective lands. 

Sect. 30. The collector shall, three weeks before the s.ale, post a 
notice similar to that required by the two preceding sections in some 
convenient and public place in Ids precinct, and a like notice on the 
premises by him advertised to be sold, if any part thereof is bounded 
by a street, lane, court, or highway. 

Sect. .31. When real estate to be sold nnder the pro^^sions of this 
chapter, is situated in a place the name of which has been changed by 
law within three years next preceding the sale, the collector shall in his 
advertisement and notices of the sale designate such place by its former 
and present name. 

Sect. 32. The affidavit of a disinterested person, taken before a jus- 
tice of the peace, of the posting and publishing notifications of the sale 
of real estate by a collector or other officer for payment of taxes, made 
upon one of the original advertisements, or a copy thereof, and filed 
and recorded in the registry of deeds of the county or district where 
the land lies, within six months after the sale, shall be competent evi- 
dence of such notice. 

Sect. 33. If the taxes are not paid, the collector, at the time and 
place appointed for the sale, shall sell by public auction so much of the 
real estate, or the rents and profits of the whole estate for such term of 
time, as shall be sufficient to discharge the taxes and necessary interven- 
ing charges ; or he may at his option sell the whole or any ]iart of the 
land ; and after satisfying the taxes and charges, he shall upon demand 
pay the residue of the proceeds of the sale, if any, to the owner of the 
estate. 

Sect. 34. The collector may adjourn his sale from day to day not 
exceeding seven days in the whole ; and he shall give notice of every 
such adjournment by a public declaration thereof, at the time and jilace 
previously appointed for the sale. 

Sect. 3.5. The collector shall execute and deliver to the purchaser a 
deed of the I'eal estate, or rents and profits sold ; which deed shall state 
the cause of sale, the price for which the estate or rents and jirofits were 
sold, the name of the person on whom tlie demand for the tax was 
made, the ]ilaces in the city or town where the notices were jiosted, the 
newspaper in which the advertisement of such sale was published, and. 



Chap. 12.] collection op taxes. 85 

the jrlaec of residence of the grantee; and if the real estate has been 
sold, shall convey, subject to the right of redemption provided forintlie wiiendeedto 
following section, all the right and interest which the owner had therein ^l s^h™^'"/.' 
at the time when the same was taken for his taxes. Such deed to be >*i8. i(>u,§.j. 
valid sliall be recorded within thirty days from the day of sale. 

Sect. 36. The owner of real estate sold for pa)'ment of taxes, or his owner may re- 
lieirs or assigns, maj' within two years from the day of sale, redeem {'wo'viTarl'.'&c. 
the estate sold, by paying or tendering to the pin-chaser, or his heirs or K.s.'s.sae. 
assigns, the sum ])aid by him, witli ten per cent, interest and all neces- g^ § 40. ' " 
snry intervening charges; and when the rents and profits are sold for 
j)uyment of taxes, the same may be redeemed at any time within two 
years in the manner jirovided for the redcmjition of rents and ]irofits 
taken on execution. And in the following cases real estate so sold may 
be redeemed, by any person having such title thereto that he might have 
recovered the same if no such sale had been made, at any tune within 
two years after he has actual notice of the sale : — 

First. When no person is named in the tax list as the owner or oc- 
cupant of the premises, they being taxed as belonging to persons 
unknown ; 

Second. Wlien the person who is named in said list is merely a 
tenant or occupant of the premises, and not the rightftd owner thereof; 

Third. When there is any error in the name of the person intended 
to be taxed ; 

Fourth. Mortgagees of record. 

Sect. 37. If upon reasonable search the purchaser of real estate sold how rc- 
for non-payment of taxes cannot be found in the place of which he is p5i'™ms^c™i- 
describeil in the collectors deed as resident, the owner of the estate ""' i>» iound, 
ma)' redeem it as provided in the ]>receding section, on paying to the Ws, lee, §§6.8. 
treasurer of the place in which it is situated, the amount which he would 
be required to jniy to the purchaser ; and the affidavit of auy disinter- 
ested person of the making such search, taken before a justice of the 
pe.ice and filed in tlie registry of deeds for the district or county in 
which the land is situated, within ninety days from the com])letion 
of the search, shall be comj)etent evidence of tlie facts therein stated. 

Sect. 38. Such treasurer shall receive the money and give to the Duty of trcaj- 
person paying it a certificate of such ]>aymcnt, specifying the estate on ^j^s^' ico, § 7. 
which the tax was originally assessed. The certificate may be recorded 
in the registry of deeds, with a note of reference from such record to 
the collectors deed ; and, when so recorded, shall have the effect to re- 
lease and discharge all right and title acquired under the collector's 
deed. The treasurer shall hold all money received by him under the 
preceding section, for the use and benefit of the persons entitled thereto; 
and shall pay it over on reasonable demand. 

Sect. 39. After proceedings have been commenced for the sale of Mortgag-ee may 
real estate for a tax assessed thereon, and before the sale is made, the nfai ''Jtatc'in 
holder of any mortgage thereon may pay such tax with all inten-ening '';^:!'t'".',! ,'^''?^''- 
charges and expenses ; and when the owner of real estate for three .sco'§ 3(i.' 
mouths after demand has neglected to pay such a tax, and the col- 
lector has made demand therefor u]ion a holder of a mortgage thereon, 
such holder may in like manner pay such tax, charges, and expenses. 

Sect. 40. The holder of a mortgage, upon taking possession of real shall pay sucli 
estate thereunder, shall be liable to pay all taxes due thereon and the JiJ.JJposSton.' 
expenses of any sale for taxes that has been commenced or taken place; Eiititioii to deed 
to be recovered of him in an action of contract by the collector or, isso, 239, §§ 1-3. 
when a sale has taken place, by the purchaser; and upon tender by the See §30. 
mortgagee to the purchaser, within the time jirovided for owners of 
real estate to make tender in section thirty-six, of the sum paid by him, 
with ten per cent, interest and all necessary intervening charges, such 
purchaser shall at the expense of the mortgagee execute and deliver to 



86 



COLLECTION OF TAXES. 



[Chap. 12. 



Mortgagee enti- 
tled to receipt 
for such taxet* 
paid to collec- 
tor. May tack 
Bame to mort- 

TsSi, 239, §§ 1-3. 



S. J. Court to 
have equity 
powers. 
iSjii, 230, § 4. 
10 Met. 101. 
When tilx list, 
&e., is commit- 
ted to sheriff, 
Ac. 
U. S. 8, § 34. 



Sheriff *s fees 
lor collecting. 
U. S. », § 35. 



When treas- 
urers are made 
collectors, how 
to proceed. 
K. S. 8, § 36. 
U. S. 15, § 61. 



Collectors to 
exhibit ac- 
counts every 
tivo months if 
required. 
K. S. 8, 5 45. 

Penalty. 
K. S. 8, § 46. 



('oUectors to be 
credited with 
abatements, &c. 
K. S. 8, § 43. 
9 Met. 503. 



Deficiency in 
state or county 
tax, how sup- 
plied. 
K. S. 8, § 42. 



Same, when col 
lectors neglect 
to pay. 
H- S. 8, § 38. 



him a valid deed of assignment of all interest acquired by virtue of the 
tax sale. 

Sect. 41. For all sums paid to a collector by the holder of a mort- 
gage under either of the two preceding sections, the collector shall 
upon demand give him a receipt therefor, duly acknowledged ; and such 
sums shall be added to and constitute part of the ])rincipal sum of the 
mortgage ; and the mortgage shall not be redeemed, without the con- 
sent in writing of the holder, until such sums and interest thereon are 
paid; and such receipt recorded in the registry of deeds for the di.v'ulet 
or county wliere the land lies, within thirty days from its date, shall be 
notice to all persons of the payment of such sums and the lien upon the 
estate therefor. 

Sect. 42. In all cases of sale of real estate for the payment of 
taxes assessed thereon, the supreme judicial court shall have equity 
powers, if relief is sought within five years from the sale. 

Sect. 43. When the tax list and warrant of tlie assessors is com- 
mitted to the sheriff, or his deputy, he shall forthwith post in some 
public place in the city or town assessed, an attested cojiy of said list 
and warrant ; and sliall make no distress for a tax, till after thirty days 
from tlie time of such posting. 

Sect. 44. If a ])erson pays his tax on such list within said thirty 
days, the officer shall receive for his fees five per cent, on the sum 
assessed ; but if a tax remains unpaid after said thirty days, the officer 
shall proceed to collect the same by distress or imprisonment,' in the 
manner collectors are required to proceed in like cases. The officer 
may also levy his fees for service and travel, in the collection of each 
person's tax, as in other cases of distress and commitment. 

Sect. 45. When the city council of a city or the inhabitants of a 
town vote to appoint their treasurer a collector, he may issue his war- 
rants to the sheriff of the county, or his deputy, or any of the con- 
stables of the city or town, returnable in thirty days, requiring them to 
collect any or all taxes due ; and such warrants shall be in substance 
the same and confer like powers as warrants issued by assessors to col- 
lectors. 

Sect. 46. Every collector shall once in two months, if required, 
exhibit to the mayor and aldenmen or selectmen, and where there are 
no such officers, to the assessors, a true account of all moneys received 
on the taxes committed to him, and produce the treasurer's receipts for 
all money paid into the treasury by him. 

Sect. 47. If a collector neglects so to exhibit his accounts, he shall 
forfeit the sum of two and a half per cent, on the sums committed to 
him for collection. 

Sect. 48. The collector shall be credited with all sums abated 
according to law, and with the amount of taxes assessed upon any per- 
son committed to prison witliin one ye.ar from the receijit of tlie tax 
list by the collector, and before paying his tax, and also with any sums 
which the city or town may see fit to abate to him, due from persons 
committed after the expii-ation of a year. 

Sect. 49. If the collector fails to collect a tax, without his own de- 
fault, and there is a deficiency of the amount due on a state or county 
tax, such deficiency shall be sujiplied by him from the proceeds of the 
collection of city or town taxes, if any in his hands ; and, if he have 
none, by the city or town treasurer, on the written requisition of the 
collector. 

Sect. .50. If a collector of taxes neglects to pay, within the time 
required by law, such sums of money as ought by him to be paid 
to the state or county treasurer, the city or town by which such 
collector was appointed, shall be liable for such sums, to be recovered 
in an action of contract by such state or county treasurer respectively. 



Chap. 12.] collection op taxes. 87 

Sect. 51. If a collector noijlects season.ably to pay a state or county Remedy for coi- 
tax committed to him, whereby the city or town is compelled to pay the kT s'.'^s! § «!^"'' 
same, or neglects seasonably to account for and pay in a city or town issa. 3i2. 
tax committed to him, the city or town may recover the amount 
thereof, with all damages sustained through such neglect, and interest, 
by an action of contract, declaring on his official bond if any has been 
given. 

Sect. 52. If a collector becomes insane, or in the judgment of the if collector be- 
selectmen otherwise unable to discharge his duty, or absconds, removes, l^'^'seiectinen 
or in the judgment of the selectmen is about to remove, from the pilace, may remove 
or refuses on demand to exhibit to the mayor and aldermen, or select- k'.'"'. 8, §40. 
men, or assessors, his accounts of collections, as herein provided, the " ^^'^y^ '^o. 
selectmen may remove him from office and appoint another collector as 
ill ease of the death of the collector. 

Seit. 53. If a collector dies before completing the collection of a Tax list of de- 
tax committed to him, the selectmen may appoint some suitable person orhmv com-*" 
to com]ilete the collection, who shall receive a reasonable compensation, pieted. 
to be |i:iid by the town, and they may commit the same tax list to him, /ector!"^"'' ™' 
with their warrant, accordingly; and when a temporary collector is }*-^-|.'5 3^- 
a|ipoiiited by the selectmen, the assessors shall commit the tax list to i Met. 524. 
him with their warrant, and he shall have the same powers and be sub- * *'■"''>■' ^''• 
ject to the same duties and liabilities as other collectors. 

Sect. 54. In ease of the death or removal from office of a collector, if collector 
his executors or administrators, and all other persons, into whose hands blfdeUvered'to" 
anj' of his unsettled tax lists may come, shall forthwith deliver the same selectmen, 
to the selectmen. TMet-^ls!'" 

Sect. 55. Collectors shall be paid such compensation for their ser- Compensation 
vices as their cities or towns shall determine. B'^'aHf'^Ki-''' 



K. s. 8, § 4?. 



EECOVERY OF TAXES COLLECTED. 



Sect. 56. No tax paid to a collector shall be recovered back, unless Taxes paid to 
it appears that it was paid after an arrest of the person paying it, a levy recovereii'^back 
upon his goods, a notice of sale of his real estate, or a protest by him isso.iis, §§3,4! 
in writing; and the damages awarded in a suit or process based upon °'=^ Ch. ii, § 54. 
any error or illegality in the assessment or apportionment of a tax, shall 
not be greater than the excess of the tax above the amount for which 
the iilaintift' was liable to be taxed. And no sale, contract, or levy, 
shall be avoided by reason of any such error or irregularity. 



88 



MILITIA. 



[Chap. 18. 



TITLE ly. 



CHAPTEK 13. 



OF THE MILITIA. 



Section 

1. PereonB to be enrolled. 

2. list of to be prepared by assesRora and 
given to town clerks ; and returns to be 
made to adjutant-general, &c. 

3. Penalty for not giving information to as- 
sessors. 

4. Militia enrolled not liable to active duty, 
except, &c. 

5. how drafted upon order of commander- 
in-chief. 

6. Penalty upon soldiers for not answering 
summons when drafted. 

7. Militia in active service, how organized, 
&c. To be furnished by state. Excep- 
tion. 

8. Towns to furnish and deposit ammunition. 

EXEMPTIONS. 

9. Absolute exempts. 

10. Exempts by producing certificates. 

11. Enginemen, how exempted from duty. 

12. Sokiiers having bodily infirmity, how ex- 
empted from duty. 

VOLUNTEER SHLITIA. 

13. Active militia to consist of volunteers. 

14. Number of companies, how apportioned 
and raised. Number of men. 

15. Quota, how completed. 

16. Term of duty. 

17. Election of officers. 

18. What constitutes a legal enlistment. 

19. To be arranged into divisions, &c., and 
numbered. 

20. Cavalry and artillery companies inconven- 
iently situated. 

21. Regiments, &c., of cavalry. 

22. Companies attached to divisions, &c., but 
not to regiments. 

23. Regimental and battalion bands. 

24. Companies may be disbanded in certain 
cases. 

25. in certain other oases. 

26. Discharge of soldiers. 



OFFICERS, — A PPOITf T:\rENT, ELECTION, QUALI- 
FICATION, AND DISCHARGE OF. 

27. General staff officers, &c. 

28. When office of niiartermaster-general, ma- 
jor-general, .tc, is vacant, &c. 



Section 

29. Companies without officers, how com- 
maniled. 

30. refusing or neglecting to elect, how com- 
manded. 

31. Officers of the hne, election of. 

32. StaflT officers, appointment of. 

33. Non-commissioned stafl". 

34. Duties of clerk, how performed when the 
office is vacant, or clerk absent, &c. Rec- 
ords, how kept — to be evidence. 

35. Officers, how commissioned. 

36. Persons ineligible to office, when elected, 
comm!iuder-iu-chief to fill vacancy. 

37. Rank of officers, how determined. Com- 
mission to express date of appointment. 

38. Loss of commission, how supplied. 

39. Major*general to be notified, &c. 

40. to order elections of all commissioned of- 
ficers. 

41. Notice of elections. Penalty. 

42. Presiding officer at elections. 

43. Who to preside. Record and returns. 

44. Who to be deemed elected ; elections may 
be adjourned ; not legal unless electors are 
notified. Roster and rolls to be produced. 

45. When electors fail to elect. Returns of 
elections and refusals. New election or- 
dered, unless, <Src. 

46. Elections in companies without officers. 

47. Acceptance of an office shall vacate one pre- 
viously held. 

48. Commissions, how transmitted. 

49. When persons refuse to accept, new elec- 
tion to be ordered. 

50. Officers, Ac, not to treat with intoxicating 
liquors. 

5'. Persons on duty privileged from arrest. 

52. Oath of commissioned officers, — bow ad- 
ministered and certified. Form of certifi- 
cate. 

53. Clerk's oath. Certificate. 

54. Discharge of officers upon their own re- 
quest. 

55. Request for discharge between Slay and 
November not to be approved, unless, &c. 

50. If officer refuse to approve, commander-in- 
chief may discharge. 

57. Officers not to be discharged, except, &c. 

58. Discharge by appointment in U. S. army. 
Penalty. 

50. StatT commissions. 

60. Officers under arrest. 

61. Non-commissioned officer. 



Chap. 13.] 



MILITIA. 



89 



Section 



ADJUTANT-GENERAL. 



Adjutant-youeral. 

to give bond. 

Balary of. Clerk, &c. 

to distribute geueral orders, &c., and at- 
tend revicwe. 

to furnish blank rolls and returns, and 
blanks for company orders, &c. 

to make abstracts of returns. 

to make annual returns in duplicate. 

to certify rolls, and transmit to towns. 

to submit to auditor, roll of officers en- 
titled to pay. 

to submit account of expenditures. 

to distribute arms, &c. 
Field pieces to remain in possession of 
towns, &c. 

ARMS, EQUIPMENTS, EQUIPAGE, ETC. 

What uniform to be provided. 
Uniform, &c., exempt from attachment. 
Camp equipage to be furnished to com- 
manders of divisions, &c. 
Colors to be furnished. Who responsible. 
Arms and equipments to be furnished. 
Commissioned officers responsible for 
equipments. 

how relieved from responsibility, in case 
of discharge, &c. 

, Arms, &c., to be received from disbanded 
company. 

. Instruments of music furnished. Com- 
mander of brigade to draw order. Who 
responsible. 

, Cannon, ammunition, &c., to be furnished 
to artillery. When in state of war, &c., 
powder, &c., furnished. Who to be account- 
able. 

, When company ordered to march out of 
town, &c. Expenses of battery, how paid. 

, Scott's Tactics, &c., to be furnished to offi- 
cers. 

. Military stores may be sold, &c. 

. Committee of legislature to visit arsenal 
and report. 

ARMORIES. 

88. Armories, &c., to be provided by select- 
men. 

89. rent of, &c., to be certified by selectmen, 
&c. 

90. Adjutant-general to audit, &c., claims for 
rent. Payment. 

91. Penalty for false certificate. 

92. Armories, &c., how examined. 



ORDERS AND NOTIFICATIONS. 

93. Orders, by whom distributed. 

94. When companies ordered out, how to be 
notified. 

95. Notifications, requisites and times of. Ver- 
bal notice on parade. Notifications, how 
proved. 

90. Company without officers, how notified. 

Penalty. 
97. Orders, &c., to be recorded. 

DISCIPLINE, TRAININGS, INSPECTION, AND 
CAMP DUTY. 

0«. System of discipline, &c. 

99. Commanders of regiments, Ac, to order el- 
ementary drills. Penalty for non-attend- 
ance. 

8* 12 



Section 

100. Encampments. Orders for, how issued. 
Place of. 

101. Distance companies to march. Parade of 
bodies of troops larger than brigade. 

102. Troops to be exercised, inspected, &c. 

103. Company roll calls, how made. 

104. Kank of corps. Senior officer to command. 

105. Companies without officers, how com- 
manded. 

lOG. Brigade-majors to attend reviews, inspect 
arms, &c. 

107. Officers and soldiers may drill in camp, &c. 

108. Bounds of parade may be fixed. Punish- 
ment for intrusion. 

109. Persons not holden to do duty on days of 
certain elections, except, &c. Liability of 
officers. 

110. Commander-in-chief may order out militia 
for escort, &c. Music. 

111. Voluntary parades not prohibited. Arti- 
cles of agreement adopted by company bind- 
ing. Remedy for breach thereof. 

112. Penalty for deficiency inarms, &c. 

113. Loaded arms not to be brought on parade, 
&c. 

114. Contempt, disorderly conduct, &c., how 
punished. 

115. Quitting guard, &c., how punished. 

116. Soldiers may be put under guard. Non- 
commissioned officer may be reduced to 
ranks. 

117. Penalties on soldiers in companies without 
officers. 



ROSTERS, ORDERLY BOOKS, ROLLS, AND RE- 
TURNS. 

118. Kosters and orderly book, by whom kept, 

119. Company rolls, how kept. To be revised 
and corrected. 

120. Company orderly book, how kept. Delin- 
quencies, fines, &c., to be recorded. 

121. Commanders of companies to make dupli- 
cate returns in ten days. Keturns of divis- 
ionary corps, Ac, to whom made. 

122. alphabetical pay rolls of companies with- 
in ten days after camp duty. 

123. Penalty for neglect, or false return, &c. 

124. Keturns by master of regimental or bat- 
talion bund. 

125. Commanders of regiments, &c., to make re- 
turns of offieers. Penalties. 

120. Brigade nuyors to make returns of brig- 
ade, and field and staff officers, &c. Pen- 
alty. 

127. Commanders of brigade to make returns to 
commanders of division. Commanders of 
division to make returns to adjutant-gen- 
eral. Penalties. 

128. Commanders of division to make out roll 
of officers. Penalty. 



CALLING OUT THE MILITIA IN CASE OF WAR, 
INVASION, INSURRECTION, TUMULT, OR RIOT. 

129. Militia, how called out in case of invasion, 
&c. When commander of division may or- 
der out troops. 

130. Drafts. Officers detailed. 

131. If company without officers is called out, 
officer to be detailed. 

132. Penalty on soldiers neglecting to appear, 
Ac. Soldiers to take provisions. 

133. Selectmen, &c., to provide carriages, &c., 
in certain cases. Penalty. Officer respon- 
sible. 



90 



MILITIA. 



[Chap. 13. 



Section 

134. Troops, how ordered out in case of riot, 
&c. Form of requisitiou, &c. 

135. Penalties for disobedience, &c. 

136. Troops to appear armed, &c 

COMPENSATION. 

137. Pay of general, field, and staff ofEcerp. 

138. Pay of inspectors, &e. 

139. of members of ('ompanies, and bands, 
how computed, dishurst-d, &c. 

140. forfeited for dulicieucy in returns. Not 
to be received unless full duty is performed, 
except, &c. 

141. Personal service requisite to compensation. 
Excuses not to entitle to. 

142. Inspector-general, expenses. 

143. Pay for travel in attending elementary 
drills. How paid. 

144. of detachment on special duty. 

145. for travel in attending elections. 

146. of members of courts martial, &c. 

147. Relief to soldiers or their families. 
14S. Pay of troops in actual sei-vice, &c. 

149. Milit-ary accounts, &c., how examined, cer- 
tified, and paid. 

EXCUSES. 

150. Excuses to be made within twenty days, 
unless, &c. Clerks to be informed of ex- 
cuses. 

151. Deficiencies in equipments. 

152. Certain conditional exemptions not to be 
excuses, uuless, &c. 

PROSECUTION FOR FINES. 

153. Fines of members of vohmteer companies. 

154. Prosecution for fines — form of informa- 
tion — summons to be issued within nine 
months, giving seven days' notice — form 
of summons issued by a justice — form of 
summuus by police court — defendant may 
plead not guilty — what shall be sufficient 
for complainant to prove — complainant to 
show certificate of appointment and quali- 
fication—to produce roll, and prove en- 
listment — to produce order to notify meet- 
ing — when order is required to be given 
by superior officer — offence to be proved 

— burden of proof — secondary evidence, 
when received — clerk, &c., may be witness 

— exemptious for infirmity, how proved 
certificate of surgeon of regiment, evi- 
dence — commanding officer may be wit^ 
ness — execution, when issued — form of 
execution — amendments — continuance — 
when comphiiuaut is not liable for costs — 
appeals not allowed, except — complaints 
by otiier officer, bow prosecuted. 

155. Imprisonment on execution. 

156. Money collected for fines, how disposed of. 

COURTS MARTI.VL. 

157. Complaints on which courts martial are 
ordered — triid must be within a year — by 
whom ch.'irj;es to he preferred. 

158. Respondent to be arrested — copy of 
charges, &c., to be delivered — court may 
adjourn. 

159. Courts martiaI,of whom to consist — when 
held — how often — general, by whom ap- 
pointed, and to try whom — division, by 
whom appointed, and to try whom — mem- 
bers of, how and by whom detailed — provis- 
aion in case any offit-er detailed is unable to 
serve— no one superior in rank to the presi- 
dent, to be detailed — officers ordered to 



Section 

detail, to make return — judge-advocate to 
attend — when unable to attend — if presi- 
dent does not attend — if sufficient number 
of members do not attend, or are not quali- 
fied — if judge-advocate or marshal is absent 
— person acting as judge-advocate, to con- 
tinue during trial — rank of officers — court 
may adjourn, when. 

160. Jlembers to be sworn — oath of president 
and members — oath of judge-advocate — 
challenges, how and when made, and by 
whom tried — certain causes of challenge, 
when waived — if accused is absent, or 
withdraws — witnesses sununoned, must 
appear — penalty — oath of witnesses — evi- 
dence of default in returns — copies of docu- 
ments, &c., how authenticated — all pro- 
ceedings and evidence to be in writing — 
votes, how taken — two-thirds required to 
convict — sentence — courts martial author- 
ized to preserve order — records, how au- 
thenticated and transmitted — approval or 
disapproval of sentence — pay roll — copies 
to be furnished — judgment of disqualifica- 
tion may be reversed. 

161. What offences may be tried by court mar- 
tial. 

162. Fines imposed by court martial. How 
prosecuted. Costs against judge-advocate, 
how paid. 

boards of officers. 

163. Boards to settle military questions. 
general and division courts of djqdtrt. 

164. Courts of inquiry, how ordered, &c. — va- 
cancies — oath of president and members — 
oath of judge-advocate — witnesses — judge- 
advocate to attend courts of inquiry. 

165. No guard, unless. 

RULES and articles FOR GOVERNING THE 
militia in actual SERVICE. 

166. "Who shall be taken to be soldiers. 

167. Offences punished by death or otherwise. 
Art. i. Sedition. 

ii. Not suppressing sedition, nor giving 

information of it. 
iii. Desertion. 
iv. Advising desertion. 
V. Misbeliaviug before an enemy, &c. 
vi. Abandoning post, &c. 
vii. Slaking known or falsifying watch- 
word, 
viii. Forcing safeguard. 
ix. Harboring or relieving an enemy. 
x. Corresponding with an enemy. 
xi. Compelling commander to surrender, 
xii. Sentence of death. 

168. Offences punished by cashiering, &c. 
Art. xiii. Using traitorous words, 

xiv. Neglecting to march, &c. 
XV. Disobedience of orders, &c. 
xvi. Provocation to fight a duel. 
xvii. Giving or accepting challenge. 
xviii. Upbraiding, &c. 
xix- Suffering person to pass guard to 
fight a duel — not arresting per- 
sons about to fight. 
XX. Drunkenness on duty, 
xxi. Escaping from arrest. 
xxii. Behaving scandalously. 
xxiil. Embezzling, or committing fraud. 
xxiv. Selling or wasting stores. 
xxv. Not delivering offender to civil au- 
thority. 



Chap. 13.] 



MILITIA — ENROLMENT. 



91 



Sectiov 

1C.9. ollViiees punished at discretion of court 

lli:ini.il. 
Art.x.x\i. Preceding' offences Trheu committed 
by soldiers, 
xxvii. Disrespect to commanding officer, 
xxviii. Disobedience. 
xxix. Violence to au officer. 
XXX. Resisting an officer who attempts to 

quell a quarrel. 
xxxi. Not keeping order,redre8sing abases, 

protecting citizens. 
xxxii. Being one mile from camp, &c. 
xxxiii. lifiug ;tbsent without leave. 
xxxiv. Nut retiring to quai-ters. 
XXXV. Not repairing to rendezvous, unless, 

&c. 
xxxvi. Sentinel sleeping, &c. 
xxxvii. Occasioning false alanjis. 
xxxviii. Leaving platoon, &c. 
xjodx. Violcuee to persons bringing pro- 
visions. 
xl. Disturbing courts martial, 
xli. Uefueing to receive prisoner, 
xlii- Releasing prisoner, 
xhii. Not reporting prisoners. 
xliv. Crimes not capital, and not ejieci- 

fied. 
xlv. Officers absent from di\Tne senice, 
&c. 

170. Fines. 

Art. xlvi. Soldiers absent, ic, during divine 
service, 
xlvii. Profanity by officers, 
xlviii. Profanity by soldiers, 
xlix. Fines by court martial. 
1. Fines stopped out of pay. 

171. General rules. 

Art, li. Officer wronged by colonel. 

lii. Officer or soldier wronged by cap- 
tain. 
liii. Public stores secured. 



Section 
General rules. 

liv. CUdest officer to command, without 

rcgjird to corps. 
Iv. Offenders against citizens to be deliv- 
ered to civil authority. 
Ivi. Property of deceased persons se- 
cured. 
Ivii. Pay and rations. 

172. Courts martial in actual sennce, &c. 
Art. Iviii. Arrests. 

lix. Imprisonment before trial. 

Ix. General and division courts martial, 

by whom ordered. 
Ixi. Of whom general court martial shall 

consist. 
Ixii. Division and reg^imental courts mar- 
tial. 
Ixiii. Power of regimental courts martial. 
Ixiv. Ptfst and detachment courts martial. 
Ixv. Courts martial in particular corps. 
Ixvi. IJank of members. 
Ixvii. Tinxe of holding court martial. 
Ixviii. Rank in court martial. 
Ixix. Judge-advoc4ite. 
Ixx. Oath of president and members — 

oath of judge -advocate. 
Lvxi. ■Witnesses refusing to appear and tes- 
tify. 
Ixxii. Oath of witnesses. 
Ixxiii. \'ot<?s iu court martial, two-thirda 

necessary to capital sentence. 
l.Kxiv. Proceedings to be transmitted to 

commanding officer. 
Ixxv. Pay may be suspended. 
Ix.vvi. Pardon and mitigation of punish- 
ment. 

173. Construction of the words "soldier" and 
" battalion." 

174. Penalty on civil officers. 

175. " Selectmen " to include " mayor and al- 
dermen." 



Section 1. Every able-boclied white male citizen, resident within this 
state, of t'no age of eighteen years, ami under the age of forty-five years, 
excepting persons enlisted into volunteer coiniianies, persons exempted 
by the following sections, idiots, lunatics, cdiiinion drunkards, vagabonds, 
paujier.s, and persons convicted of any infamous crime, shall be enrolled 
in the luilitia. Persons so convicted after enrolment shall forthwith 
be disenrolk'il; and in all cases of doubt res]iecting the age of a person 
enrolled, the burden of proof shall be u])on him. 

Sect. 2. Assessors shall annually in May or June make a list of per- 
sons living within their respective limits liable to enrolment, and place a 
certified copy thereof in the hands of the clerks of their respective places, 
who shall record it in the records of their city or towni, and annually in 
May, June, or July transmit returns of the militia thus enrolled to the 
adjutant-general. 

Sect. 3. Keepers of taverns or boarding-houses, and masters and 
mistresses of dwelling-houses shall, upon application of the assessors 
witliin whose bounds their houses are situated, or of jiersons acting 
under them, give information of the names of persons residing in their 
houses liable to enrolment or to do military duty: and every such 
person .shall, upon like application, give his name and age ; and if 
such kccjier, master, mistress, or person, refuses to give such informa- 
tion, or gives false infomiation, such keejier, master, or mistress shall 
forfeit and pay twenty dollars, and such person shall forfeit and pay 
twelve dollars, to be recovered on complaint of either of the assess- 
ors. 



Persons to be 
enrolled. 
K. S. 12, §§ 5-10, 
ISIO, 92, 1 1. 
1841 lOfi, § 7. 
v. S. Statutes, 
1702, 33. 
1 Pick. IW. 
3 Pick. 202, 50«. 
15 Pick. 7. 

21 Pick. S.'iO. 

22 Pick. 571. 
Zi Pick. 54. 
Assessors to 
prepare list of, 
Ac, and clerks 
to make re- 
turns, &c. 
1N40, 92, §§ 3, 4. 
1S42, 93, § 7. 



Penalty for not 
giving informa- 
tion to assess- 
ors. 

1S40, 92, § 2. 
10 Mass. 36. 



92 



MILITIA — EXEMPTIONS. 



[Chap. 13. 



Jlilitia enrolled 
not liable to ac- 
tive duty, ex- 
cept, &c. 
R. S. 12, § 134. 
1840,92, §§0,11. 



how drafted 
upon order of 
conimauder-ia- 
chief. 
1840, 92, § 8. 



Penalty upon 
Boldiers for not 
anawering^ sum- 
mons when 
drafted. 
1840, 92, § 9. 



Militia in active 
service, how or- 
ganized, &c. To 
be furnished by 
state. Excep- 
tion. 

K. S. 12, §§ 11, 
.3(1, 129. 
lS.1li, 4, § 2. 
1840, 92, §§ 5-7. 
11 Mass. .ISO. 
It) Mass. 52^1. 
4 I'ick. 25. 



To%vns to fur- 
nish iind depos- 
it ammunition. 
li. S. 12, § 108. 
1837, 240, § 10. 



Sect. 4. The enrolled militia shall be subject to no active duty 
except in case of war, invasion, the prevention of invasion, the supjires- 
sion of riots, and to aid civil officers in the execution of the laws of the 
commonwealth ; in which cases the commander-in-chief shall onler 
out for actual service, by draft or otherwise, as many of the militia as 
necessity demands. 

Sect. 5. The order of the commander-in-chief may be directed to 
the mayor and aldermen of cities or to the selectmen of towns, who shall 
thereupon appoint a time and place of parade for the militia, in their 
city or town, and order them to appear at the time and place, either by 
leaving a written notice, or orally, and then and there proceed to draft 
as many thereof, or accept as many volunteers, as is required by the 
order of the commander-in-cliief ; and shall forthwith notify the com- 
mander-in-chief that they have performed such duty. 

Sect. 6. Every soldier ordered out, or who volunteers, or is de- 
tached, or drafted, who does not appear at the time and place desig- 
nated by the mayor and aldermen, or selectmen, or who lias not some 
.able-bodied and proper substitute, at such time and place, or does not pay 
to such mayor and aldermen, or selectmen, for the use of the common- 
wealth, the sum of seventy-five dollars, within twenty-four hours from 
such time, shall be taken to be a soldier absent without leave, and dealt 
with accordingly. 

Sect. 7. When the miUtia are ordered out or have voluntered for 
and wliile they are in actual service, as specified in section four, they 
shall be organized by the commander-in-chief with the advice of the 
council, into companies, battalions, regiments, brig.ades, and divisions, 
[which companies, b.attalions, regiments, brigades, and divisions,] shall be 
numbered and record thereof made in the office of the adjutant-general ; 
and shall be officered, governed, and trained, according to the laws of this 
state and the United States ; and the state shall furnish arms and equip- 
ments for each non-commissioned officer and private, and pay them until 
their term of service expires ; and when troops are in the field i'or such 
purposes, the senior officer of the troo])s jiresent shall command until the 
commander-in-chief or some officer detailed by him takes command. 
Each commissioned officer shall provide himself with a sword or 
hanger. 

Sect. 8. When the commander-in-chief deems it necessary, he shall 
require cities and towns to provide, in some suitable place therein, 
sixty-four pounds of powder, one hundred pounds of musket and rifle 
balls, and also tliree copper, iron, or tin camp kettles for every sixty-four 
soldiers enrolled in said town, and the same jjroportion for a greater or 
less number, and to keep the same until such requirement is revoked. 
Every place neglecting to comply with such requisition shall forfeit and 
pay not less than twenty nor more than five hundred dollars. 



Absolute ex- 
empts. 
K. .S. 12, § 1. 
1838, 138. 
1840, 92, § 1. 
1835, +19. 
ims, 93, § 2. 
1859, 190. 
IT. S. Statutes, 
1800. 415, § 4. 
1810, 37, § 33. 
ISIli, 270, § 34. 
4 Mass. 239. 

13 .Mass. 3 1(1. 

14 .Mass. 394. 
17 Mass. 49. 

1 Pick. 201. 

2 Pick. 597. 
23 Pick. 208. 



EXEMPTIONS. 

Sect. 9. In .addition to the following pereons, absolutely exempted 
from enrolment in the militia by the laws of the United States, viz. : — 

The vice-president of the United States ; 

Tlie officers, judicial and executive, of the government of the United 
States ; 

The members of both houses of congress and their respective officers ; 
custom house officers and their clerks ; inspectors of exports ; pilots, and 
mariners employed in the sea-service of a citizen or merchant within the 
United States ; 

Postmasters, assistant-postmasters, and their clerks, post officers, post 
riders, and stage drivers, in the care and conveyance of the mail of the 
United States ; ferrymen employed at any ferry on the post road ; the 



Chap. 13.] militia — exemptions. 93 

artificers and workmen in the United States annoiy at Springfield and 
tlie arsenal at Watertowu; 

The ])ersons hereinafter mentioned, shall also be absolutely exempted Absolute ex- 
from enrolment, viz. : — '"''' *" 

Justices of courts of record; judges and registers of probate and insol- 
vency ; registers of deeds and slieritl's ; 

Otiicerswho have held or may hold, for a jicriod of five years, com- 
missions in the army or navy of the United States ; 

Officers who ha-\'e held, for a jicriod of five years, commissions in the 
militia of this or any other state of the United States; or who have 
been su]ierseded and discharged ; or who held commissions in any corps 
at the time of its disbandment ; 

Stall' otiicers heretofore exempted, and whose offices shall become 
vacant by the provisions of section fifty-nine ; 

Ministers of the gospel; 

Tlie suj)erintendents, officers, and assistants, employed in or about 
either of the state hospitals, state almshouses, state prison, jails, or 
houses of correction ; keepers of light-houses, and conductors and en- 
gine drivers of railroad trains. 

Sect. 10. Every person of either of the religious denominations of Exempts by 
quakers or shakers, who, on or before the first Tuesday in May, an- {'j™^?eg"^ '*''" 
nually, jiroduces to the assessors of the city or town in which he k. s. 12, § 2. ^ 
resides, a certificate, signed by two or more of the elders or overseers, ksji' ioc, §7.'" 
(as the case may be,) and countersigned by the clerk, of the society with j; Mass. 441. 
which he meets for public religious worshi]), shall be exempted from see § 152. 
enrolment. The certificate shall be in form as follows : — 

We, the subscribers, of the society of people called , in the town of , 

in the county of do hereby certify that is a member of our 

society, and that he frequently and usually attends religious worship with said society, 
and we believe he is conscientiously scrupulous of bearing arms. 

A. B. ) Elders or overseers, 
C. D. 5 (j^^ the case may be.) 

E. F., Clerk. 

Sect. 11. Enginemen, or members of the fire department in a city Enginemen, 
or town, shall be exempted from military duty by forthwith filing 'froraXty.^'^'* 
with the assessors of the city or town in which they reside, a certificate it|- 5J'|~-, 
that they are enginemen or members of the fire department as afore- 14 jiass'. 374.' 
said, signed by the mayor and aldermen of such city, or the selectmen Ig^'t'^jj;''' 
of such town ; but when a member of a volunteer company is, after his 
enlistment, appointed an engineman or member of the fire de])artment, 
it shall not vacate his enlistment, but during its continuance shall 
exempt him from duty. 

Sect. 12. Every non-commi.ssioned officer or private having bodily soldiers having 
infimiit}', may be exempted from military duty, if he obtains from the J'yjjj^^""™'" 
surgeon or surgeon's mate of the regiment, battalion, or detached com- empted from 
pan}-, to which he belongs, (or, if there are no such officers commis- {"_ |.' 12^ § 2. 
sioned in such regiment, battalion, or coni])any, then from some res])ec- J JJ«|s. su 
table physician living within the bounds of the same,) a certificate that n Mass. 430, 
he is unable to do military duty, on account of bodily infirmity, the fj^ijaes. 290. 
nature of which shall be described in such certificate; and the captain 3Pic^.:is8. 
or commanding officer of his company ma}-, on the back of the certifi- gee § 152. ' 
cate, discharge the non-commissioned officer or jirivate named therein, 
from performing military duty, for a term of time which he judges 
reasonable, not exceeding one year; which certificate, when counter- 
sigueil by the colonel or commanding officer of said regiment, battalion, 
or company, shall for the time specified exempt him from military duty, 
except attendance at the election of officers. If such non-commis- 
sioned officer or private, having obtained such certificate, is refused 
a discharge, he may apply to the commanding officer of the brigade, 
who may discharge him from military duty for such time, not exceed- 



94 



MILITIA — VOLUNTEER. 



[Chap. 13. 



ing one year, as he judges reasonable, by indorsing the same upon the 
sui'geon's certificate. 



Active militia 
to consist of 
volunteers. 
1S40, 92, § 11. 



Number of com- 
panies, bow ap- 
portioned and 
raised. Num- 
ber of men. 
E. S. 12, § 21. 
18-10, 92, §§ 12, 
].■!, 18. 

1843, 84, § 4. 
1852, 1(M, § 5. 
1S53, 174,§§5,r. 
ISoS, 106, §§ 4, 5. 
6. 
See § 132. 



Quota how 
completed. 
1N4I), 92, § 30. 
1843, 84, § 3. 

Term of duty 
five years. 
1840, 92, § 17. 
4 Mass. 55(). 
8 Mass. 274. 
11 Mass. 239. 
13 Mass. 491. 
3 Pick. 220, 204. 
6 Piclc. 431. 
11 Piclt.2ia. 
Election of offi- 
cers. 

1840, 92, § in. 
1858, 100, § 4. 



TVhat consti- 
tutes a lejj^al en- 
listment. 



Militia to be ar- 
ranged into di- 
visions, &c., and 
numbered. 
11. S. 12, § 11. 
1830, 4, § 2. 
1840, 92, § in. 
11 Mass. 382. 
16 Mass. 5£i. 
4 Piolt. 25. 

Cavalry and ar- 
tillery (•onii)a- 
uifM, incdinen- 
icntiv situated. 
184(l,'92, § 10. 
1854, 11, § 1. 
See § 27. 



Regiments, &c., 
of cavalrv. 
K. S. 12, § 14. 
Companies at- 
tacked to divis- 



VOLUNTEEE IfELITIA. 

Sect. 13. The active militia shrill be composed of volunteers ; and 
in case of war, invasion, the prevention of invasion, the suppression of 
riots, and to aid civil officers in the execution of the laws of the com- 
monwealth, shall first be ordered into service. 

Sect. 14. The number of [«Mc/i] companies shall not exceed one hun- 
dred and twenty, and shall be apjjortioned among the counties according 
to population, but retaining the volunteer companies with their officers 
now organized. Petitions for organizing companies of foot artillery 
may be granted by the coinmander-in-chief with advice of the council, 
for organizing other companies, by the commander-in-chief or by the 
mayor and aldermen or selectmen by his permission. Companies of 
cavalry shall be limited to eighty jirivates and a saddler and farrier; 
companies of foot artillery, to forty-eight cannoneers, twenty-four 
drivers, and a saddler and farrier; the cadet companies of the first and 
second divisions, to one hundred, and companies of infantry and rifie- 
men to fifty, ))rivates. No new company shall be organized if thereby 
the whole force will exceed five thousand officers and men. 

Sect. 15. When a county does not raise its quota, the commnndcr- 
in-chief may grant petitions to complete the prescribed number in other 
counties. 

Sect. 16. Non-commissioned officers and soldiers of volunteer com- 
panies shall do duty therein for five years, unless disability aiter enlist- 
ment incapacitates them to perform such duty, or they are regularly dis- 
charged by the proper officer. 

Sect. 17. No election of officers shall be ordered in a company here- 
after organized unless at least fifty men have been enlisted therein. 
Upon the enlistment of that number, and notification given to the com- 
mander-in-chief by one or more of the jietitioners for the comjiany, 
attested by the mayor and aldermen or selectmen, an election of officers 
may be ordered ; and if there is no officer of the volunteer militia conven- 
iently located to preside at such election, the commander-in-chief may 
issue an order for that purpose, to one or more of the selectmen or 
mayor and aldermen of the place where a majority of the petitioners 
reside. 

Sect. 18. After the organization of a comp.any, recruits shall sign 
their names in a book of enlistment kept by the company for the pur- 
pose, which signing shall be a legal enlistment. 

Sect. 19. The commander-in-chief may arrange the volunteer militia, 
when they exist in sufficient numbers and are conveniently located, into 
divisions, brigades, regiments, battalions, and companies, conformably to 
the laws of the United States, and make such alterations as from time 
to time may be necessary. Each division, brigade, regiment, liattalion, 
and company, shall be numbered at the formation thereof, and a record 
thereof made in the office of the adjutant-general. 

Sect. 20. Companies of cavalry and foot artillery inconveniently 
located for such organization may be attached to such brigades as the 
commander-in-chief shall order. Other comjianies inconveniently situ- 
ated shall remain under their commanders, subject to the orders of the 
commander-in-chief through the commander of the nearest regiment; to 
whom such commanders shall make their annual returns. 

Sect. 21. Squadrons of cavalry shall consist of two, and regiments, 
of not less than four, companies. 

Sect. 22. Companies attached to divisions or brigades, and not to 
regiments, shall until otherwise organized be subject to the immediate 



[Chap. 13.] militia — officers. 95 

orders of the commanders of such divisions or brigades ; who shall receive ions, &c., but 
tlie returns and orders, have the authority, and i)erforni the duties, with JJ,"' *,°."^' 
regard to such companies, which are prescribed for the commanders of RS. i2, §15. 
regiments and battahons with regard to their companies. 

Sect. 23. The commander of a regiment or battahon may raise by Rocrimentai and 
voluntary enlistment, and warrant and organize, within the limits of his J'^,^!!™ s*""*"' 
command, to be under his direction and command at encampments, a iMrtiaisj§4. 
band of musicians, not to exceed including a master and deputy-master, "^'' '^' ^ ''' 
eighteen for a regiment and eight for a battalion. Tlie master, and in 
his absence the deputy-master, shall teach and command the band and 
issue all orders directed by such commander. Each member of the 
band shall keep himself provided with such uniform as may be directed 
by the commander-in-chief, and such instrument as the commander of 
his regiment or battalion prescribes, under ])enalty for each neglect, 
or deficiency, or for misconduct, of dismissal from the band by such 
commander, and of not less than ten nor more than twenty dollars, to 
be recovered on complaint by the brigade-major. 

Sect. 24. If it appears to the commander-in-chief, on representation Companies may 
of the commanding officer of a division or l^rigade, that a company of ^rtafnrascs. *" 
militia has failed to comply with the requisitions of the law in matters is^s. 2«, § 9. 
of uniform, equipment, and discipline, so that it is ineaiiaeitated to dis- 
charge the duties required of it, such company may be disbanded by the 
commander-in-chief. 

Sect. 25. If a company is destitute of commissioned officers, and, in certain 
having been twice ordered to fill vacancies, neglects or refuses to till iVs.n^tl'w, 
them, or is reduced to a less number than thirty-two privates and so ?'':„ , , . 
remams lor six consecutive months, or wlien sucli comjiany appears ims, 100, § 3. 
from a return made to the adjutant-general to be reduced below thirty- 
two privates, present and doing duty at the time for which such return 
is made, such company may be forthwith disbanded by the coimuauder- 
in-chief. 

Sect. 2G. The commander of a regiment or battalion may, upon the Dischar^of 
written application of the commander of a comj)any in his regiment or i^''3'(;7 50. 
battalion, accompanied by a request in writing signed by a non-commis- 
sioned officer or private, discharge such officer or jirivate fi-oni the com- 
pany; and the commander of a company unattached may, upon appli- 
cation in writing signed by a member thereof, discharge such member; 
and commanding officers of regiments, battalions, or detached companies, 
may discharge non-commisioned officers or privates upon the request 
by vote of a majority of the active members of the company. 

OFFICERS APPOrSTMEXT, ELECTION, QUALIFICATION, AND DISCHARGE OF. 

Sect. 27. The officers and non-commissioned officers of the militia General staffer- 
shall be as follows : b!'s!'i2,§22,23. 

A commander-in-chief. i&«)> 92' § is. 

An adjutant-general, who shall be the inspector-general of the j|^' ""*' '^ '"' 
militia, and a quartennaster-general, each with the rank of briffadier- }*?^ H^'^S,*' 

1 ^ ^ ' ^ 1S54, 11, § 2. 

general. isos, im, § 5. 

Aids to the commander-in-chief with the rank of lieutenant-colonel, ^i^^^'j',''!.' '***' 
not exceeding four in number. 9 Pick. 41. _ 

To each division there shall be one major-general, one di%'ision- i»pJck.'84T 
inspector with the rank of Ueutenant-colonel, two aids-de-camp, one gw § 122. 

,. '. . . . T-- ■ 1 -1 1^ Division offi- 

unision-quartermaster, one division-engineer, and one judge advocate, cers. 
each with the rank of major. 

To each brigade there shall be one brigadier-general, one brigade- Brigade offi- 
ins])ector with the rank of major, to serve also as brigade-major, one '^"^' 
l>rigade-quartermaster, one brigade-engineer, and one aid-de-camp, each 
with the rank of captaiu. 



96 



MILITIA — OFFICERS. 



[Chap. 13. 



Regimental of- 
ficers. 



Battalion offl- 
cerB. 



Company offi- 
cers. 



VThen ofBce of 
quartermastcr- 
gcneral, major- 
general, &c., is 
vacant, &c. 
U.S. 13, §23. 



Companies 
witliout officers, 
how command- 
ed. 
K. S. 12, § H. 



To each regiment there shall be one colonel, one lieiitcnant-colonel, 
and one major; one adjutant, one quartermaster, and one paymaster, 
each with the rank of lieutenant ; one sui'geon, one surgeon's mate, one 
chaplain, one sergeant-major, one sergeant-quartermaster, one drum- 
major, and one life-m.ajor. 

To each separate battalion there shall be one major; one adjutant, 
and one quartennaster, each with the rank of lieutenant ; one surgeon, 
one sergeant-major, and one quartermaster-sergeant. 

To each company of infantry, and riflemen, there shall be one cap- 
tain, one first, one second, one third, and one fourth lieutenant; four 
sergeants, four corporals, and two musicians. 

To each comjiany of foot artillery attached to a brigade and organ- 
ized as designated by the war department of the United States, the 
sixth day of March, eighteen liundred and forty-five, there .shall be one 
major, to be elected in the manner provided for captains and subalterns, 
four lieutenants, six chiefs of pieces, six gunners, and two musicians. 

To each company of cavalry there shall be one captain, one first, one 
second, one tliird, and one fourth lieutenant, four sergeants, four corpo- 
rals, one saddler, one ftirrier, and two trumpeters. 

To every company there shall be one clerk, who shall be one of the 
sergeants. 

To the company of cadets of the first division, one captain with the 
rank of lieutenant-colonel, one lieutenant and one ensign, each with the 
rank of major, one adjutant with the rank of captain, and one quarter- 
master with the rank of first lieutenant. 

To the company of cadets of the second division, one major, to be 
elected as provided for captains and subalterns, one cajrtain, one first 
heutenant, one second Ueutenant, one ensign, one adjutant, and one 
quartermaster. 

To each of said comp.anies of cadets, one surgeon, five sergeants, four 
corporals, and four musicians ; and there may he to each of said compa- 
nies such number of company officers of a rank, in the company of the 
first division, not above first lieutenant, in the company of the sec- 
ond division, not .above fourth lieutenant ; and of sergeants, corjiorals, 
and musicians, as the commander-in-chief may from time to time deem 
expedient for instruction in the school of the battalion. 

Comjianies of cavalry and artillery attached to brigades, as men- 
tioned in section twenty, shall be entitled to an adjutant with the rank 
of lieutenant, and one surgeon, to be a]ipointed by tlie commanding 
officers of said companies respectively, and commissioned by the com- 
mander-in-chief, and to hold their commissions, as other staff officers 
now do, or until the companies to which they are attached are organ- 
ized into battalions or regiments of the same arm; and [an] adjutant so 
appointed and commissioned shall receive the same compensation as is 
allowed to other officers and soldiers of such companies. And a com- 
pany of foot artillery .attached to a brigade shall be entitled to a quarter- 
master with the rank of lieutenant, to be ap])ointed by the commanding 
officer of the company, and commissioned by the commander-in-ehiof. 

Sect. 28. AVhen the office of quartermaster-general is vacant, the 
duties thereof .shall be performed by the adjutant-general; and when the 
office of m.ajor-general, brigadier-general, colonel, m.ajor, or captain, is 
vacant, or such officer is sick or absent, the officer next in rank shall 
command the division, brigade, regiment, battalion, or company, until 
the vacancy is supplied. 

Sect. 29. When a company has neither commissioned nor non- 
commissioned officers, the commander of the regiment or battalion to 
which it belongs, shall appoint suitable persons within said com]iany to 
be non-commissioned officers thereof; and shall .appoint one of the non- 
commissioned officers to be clerk, indorse the ajipointment on his war- 



Chap. 13.] miutia — officers. 97 

rant, lulminister the oath to him, and certify the same, as required by 
section titty-three. Tiie senior non-commissioned officer of a company 
without ct)mmissioned officers, shall command the same, except upon 
parade, and as provided in the following section. 

Seit. 30. When a company is first enrolled, or from any cause is Companies 
without officers, and an election of officers is ordered, if s\icli com]iany Iie^"ic'°an"^ri 
neglects or refuses to elect any officer, or if the jiersons elected shall not ciL'ct.how .Mm- 
accept, the commander of the regiment or battalion to which it belongs, u. s. ]2, § -s,. 
sliall detail some officer of the staif or line of the regiment to train and ;^ S^K' ?-1' ~' '■ 
discipline said company, until some officer is elected or appointed by See §§ u'n, ijo. 
the commander-in-chief. Such officer shall have the same power, and 
be subject to the same liabilities, as if he were captain of such com- 
pany; shall keep the records of the comjiany, and prosecute for all 
tines and forfeitures, in like manner as a clerk might do, under section 
one hundred and fifty-four; and all meetings of such company shall be 
notified as provided in section ninety-six. 

Sect. 31. The officers of the Une of the militia shall be elected as officers of the 

fol I n w^ ■ ^''"■' election af. 

lono^ s . ^ U. S. 12, § «. 

Major-generals, by the senate and house of representatives, each hav- 
ing a negative upon the other. 

Biigadier-generals, by the written votes of the field officers of the 
res]>ective brigades and commanders of brigade companies. 

Field officers of regiments and battalions, by the written votes of the 
captains and subalterns of the companies of the respective regiments or 
battalions. 

Captains and subalterns of companies, by the written votes of the non- 
commissioned officers and jirivates of the res]iective companies. 

Sect. S'2. The staff officers of the militia shall be appointed in man- staff officers, 
ner following : 'k 's'"*'"!'",' *^ 

The a<ljutant-gencral, by the commander-in-chief. isif.'ai!, § -'.' 

The quartermaster-general, by the commander-in-chief by the advice iJi^soiV'es Mjj 
and consent of the council. 39. 

The aids to the commander-in-chief, by the commander-in-chief. 

The division-inspectors and division-quartermasters, by the respective 
major-generals, and apjiroveil by the commander-in-chief 

The aids-de-cam]i of major-generals and division-engineers, by the 
respective major-generals. 

The judge advocates, by the respective major-generals, and approved 
by the commander-in-chief. 

The brigade-majors and inspectors, brigade-quartermasters, brigade- 
engineei-s, and aids-de-camp to brigadier-generals, by the respective 
brigadier-generals. 

Adjutants, ])a}Tnasters, quartermasters, chaplains, surgeons, and sur- 
geons' mates, of regiments, by the respective colonels. 

Adjutants, quartermasters, and surgeons, of battalions, by the respec- 
tive majors. 

The staff officers of tfce cadet companies shall be elected like company 
officers. 

Sect. 33. The non-commissioned officers in the militia shall be Xon-commis- 
appointed in manner following: _ aStenToV. 

Sergeant-m.ajors, quartermaster-sergeants, drum-m.ajors, and fife- K- ;?• J-^! § 5o. 
majors, of regiments, by the colonel of the regiment. j rjlik! siii! 

Sergeant-majors, and quartermaster-sergeants, of battalions, by the jirick'ira 
major. 

Non-commissioned officers of companies, by the respective captains, 
who shall forthwith return the same in writing to the commanding 
officer of the regiment or battalion. 

Clerks, by the commanding officers of the respective companies. Clerks. 

Sect. 34. When the office of clerk of a company is vacant, and it Duties of clerk, 
9 13 



93 



MILITIA — OFPICEBS. 



[Chap. 13. 



how performed 
when tlie office 
is vacant or the 
clerk abnent,&c. 
Records, how 
kept — to be evi- 
dence. 

E. S. 12, §§ 26, 
100. 



OGicers, how 
(Miumissioned. 
K. S. 12, § 51. 



Persons ineligi- 
ble to otBce — 
■when elected, 
cummauder-in- 
ciiief to fiU va- 
cancy. 
It. S. 12, § 52. 



Rank of officers, 
how di'tt'rmin- 
ed. Commission 
to express date 
of appointment. 
K. 8. 12, § 53. 



Loss of commis- 
sion, how sup- 
plied. 
K. S. 12, § 51. 



Miyor-general 
to be notified. 
E. S. 12, § 55. 



to order elec- 
tions of all 
commissioned 
officers. 
R. S. 12, § 56. 
1S64, 367, § 9. 



Notice of elec- 
tions. Penalty. 



appears to the commander of the company that there is satisfactory evi- 
deuce that no person will accept the same, he may issue his written 
order to a non-commissioned officer or private in the company, requir- 
ing him to perform all the duties of clerk except keeping the records, 
for a term not exceeding three months; in case of the absence, sickness, 
or inability, of the clerk, the commander of the company may aji]ioint a 
clerk />;'6i tempore; or, upon satisfactory evidence that no one in the 
com]iany will accept the office ^?'0 tempore, may order any non-commis- 
sioned officer or private to perform the duties of clerk until the dork is 
able to perform the same, or another is a])])ointed; and any non-commis- 
sioned officer or private refusing or neglecting to perform such duty 
when so ordered, shall forfeit to the use of the company not less than 
ten nor more than twenty dollars, to be recovered on coin])laint by 
the commander of the company. In such cases the records of the com- 
pany shall be kept by the commander thereof as long as such vacancy, 
absence, sickness, or inability, continues, and records so kept shall be 
competent evidence of such orders and tein])orary appointments, as 
well as of matters of which they would be evidence if kept by the clerk. 

Sect. 35. All commissioned officers shall be commissioned by the 
commander-in-chief, according to the respective offices and grades to 
which they may be elected or ap]jointed. 

Every non-commissioned officer's warrant shall be given and signed 
by the commanding officer of his regiment or battalion. 

Clerks shall have their a]ipointments certified on the back of their 
warrants by the commanding officers of their res}>ective companies. 

Sect. 36. No idiot, lunatic, common drunkard, vagabond, jtauper, nor 
person convicted of an infamous crime, nor any other than white, able- 
bodied, male citizens shall be eligible to any military office. When it 
appears to the commander-in-chiet^ that a person thus ineligible has 
received a majority of the votes cast at an election of officers, he shall 
not commission him, but, with the advice and consent of the council, 
shall declare such election null and void, and appoint some person to fill 
the vacancy. 

Sect. 37. Commissioned officers shall take rank according to the date 
of their commissions. When two of the same grade bear an even date, 
the rank shall be determined by lot drawn before the commander of the 
division, brigade, regiment, battalion, company, or detachment, or presi- 
dent of a court martial, as the case may be. 

The day of the aijpointmcnt or election of an officer shall be expressed 
in his commission, and considered as the date thereof. When he is 
transferred to another corps or station of the same grade, the date of 
the original appointment shall be expressed and considered the date of 
his commission. 

Sect. 38. When an officer loses his commission, upon affidavit made 
before a judge or justice of a court of record and ))roduced to the adju- 
tant-general, a duplicate commission shall issue of the same tenor and 
date. 

Sect. 39. Major-generals shall be notified of their elections by the 
secretary of the commonwealth, and, unless within thirty days after such 
notice they signify to the secretary their acceptance of office, shall be 
taken to have refused the same. 

Sect. 40. Major-generals of division shall order elections to fill all 
vacancies which occur in their respective divisions, in the office of brig- 
adier-general, field officer, captain, or subaltern. Such elections shall 
be held at the ]ilace most convenient for the majority of the electors, and 
sh.all be ordered throughout each division at least once in each )'ear; the 
elections of company officers first, and those of field officers next. 

Sect. 41. Electors shall be notified of elections at least ten days pre- 
viously thereto. A non-commissioned officer or private unnecessaiily 



Chap. 13.] rauTiA — officers. 99 



absent from company election, shall forfeit one dollar, to be recovered R. s. 13, §§ sr, 
on complaint of the clerk, one-half to bis use, and one-half to the use f'^.l^^' -j^q 
of the commanding officer. See§-H. 

Sect. 4"2. Officers orderinsj elections may preside, or detail some Presiding offi- 
officer of suitable rank to preside. ilL^wrff i""*' 

Sect. 43. A captain, or staff officer of the rank of captain, may pre- wiio to preside, 
side at the election of an officer of equal or inferior grade within the Record and re- 
liniits of his regiment or battalion; but no candidate for the vacancy r. s.'i2, §58. 
sliall ])reside at the election, except to adjourn the meeting if no proper i***, 367, 5 8. 
officer appears to preside. 

At all elections such presiding officer shall keep a record of the pro- 
ceedings, and make return thereof to the commanding officer of the 
battalion, regiment, brigade, or division, as may be |iro]icr. 

Seit. 44. The person who has a majority of the written voles of the who to be 
electors present at a meeting duly notified, shall be deemed elected, and efections'mav'' ' 
the presiding officer shall forthwith notify him of his election, and make bo adjourned; 
return thereof^ or of neglect or refusal to elect, to tlie conmiander of the "lectors ar" no' 
division. Every person so elected and notified, shall accei)t, if a brio;a- !'.'"''?■ ^ 

/. , , ,. ... . .^ 1. Roster and 

dier-general or held officer, withm ten days, or, it a company officer, roils to be pro- 
forthwith; otherwise he shall be taken to have refused. If before the i^'s^io, §58. 
meeting for the election of any officer is dissolved, the i)erson chosen is-!r, 2«, § 6. 

• 1852 104 6 2 

signifies to the presiding officer his refusal to acce])t, the same shall be ' 
recorded and make part of the return, and the electors shall proceed to 
another election. Elections may be adjourned, not exceeding twice, 
and each adjournment for a period not exceeding two days; but no 
company eleeticm shall be legal unless it is notified in the manner pre- 
scribed in section forty-one. 

The original roster of the brigade, regiment, or battalion, or the 
original roll of the company, as the case may be, shall be produced at 
such elections, by the ]ierson having the legal custody thereof 

Sect. 45. When the electors neglect or refuse to elect to fill a va- when electors 
canc)-, the commander-in-chief, with the advice and consent of the iJJ.tJ?ns'(Jfeicc- 
council, shall ai)])oiiit a suitable person. The commanding officer of the tious ami refu- 
division shall return all elections, and refusals or neglects to elect, to tfonordcred,'^'^ 
the commander-in-chieti and unless he is notified by the commander-in- 'i!^^^"".'„^?\a 
chief of his intention to make an appointment, he may, if necessary, 24Pick.'i8i. " 
order a new election. 

Sect. 46. When a company newly enrolled, or, from any cause, is Elections in 
without commissioned officers, the commander of the regiment or bat- without' offi- 
talion may without an order from the commander of the division, «ers. 

I 1 *• i- a: u ' E. S. 12, § 60. 

order an election ot officers as soon as may be. 

Sect. 47. When an officer holding a military commission is elected Acceptance of 
to another office in the militia, and accepts the same, such acceptance ?ate one previ- 
shall constitute a part of the return of the presiding officer, and shall o"siy held, 
vacate the office previously held. 

Sect. 48. Commissions shall be transmitted to the commanding offi- Commissions, 
cers of divisions, and by them, through the proper officers, to the officers J'J^'^ fausmit- 
elect. E- s. 12, § 61. 

Sect. 49. When a person elected or a]ipointed to an office refuses to when persons 
acce]jt his commission or qualify at the time of accejitance, the major- new^liect"!™ to 
general shall certify the fact on the back thereof, and return it to the ^^ "'^'Jf ''• 
adjutant-general; and if the office is elective a new election shall be ■ ■ "•'» 
ordered. 

Sect. 50. No candidate for office in the militia, pending or after an officer8,&c.,uot 
election, shall treat with intoxicating liquors the persons attending {oxtefttiS"' "" 
thereat, and no officer shall on days of military duty so treat persons liquors, 
performing such duty. *• ^- '"' ^ *"'''' -■*■ 

Sect. 51. No officer or soldier shall be arrested on civil process. Persons on du- 
while going to, remaining at, or returning from, a place where he is or- fromarresT'' 
dered to attend for election of officers or military duty. R- s. 12, § m. 



100 



MILITIA OFFICEnS. 



[Chap. 13. 



Oath of com- 
missioned ot- 
ticers — howad- 
miuistered and 
certified. 
Form of certiii- 
cate. 

K. S. 12, § 05. 
3 Cush. 587. 



Clerk's oath. 
Certificate. 
K. 15. 12, 5 66. 
6 Pick. ZVJ. 
See § 2'J. 



Discharge of of- 
ficers upon their 
own request. 
K. S. 12, § 07. 



Request for dis- 
charge between 
May and No- 
vember not to 
beapproved,mi- 
less, Ac. 
K. S. 12, § 08. 



If officer refuse 
to approve, 
commander-in- 
chiet may dis- 
charf^e. 
U. S. 12, § 09. 
OfTiccrs not to 
be discharged, 
except — 

when unable 
to discharge du- 
ties, &c. 



when remov- 
r-d out of the 
hounds of liis 
command. 



absent more 
than a year, &c. 

upon address, 
&c. 

upon sen- 
tence, &c. 



Sect. 52. Every commissioned officer, before he enters on the duties 
of his office or exercises any command, sliall take and subscribe before 
a justice of the peace, or general or field officer who has juvviously 
taken and subscribed them himself, the following oaths and declara- 
tions : — 

"I, A B, do solemnly swear that I will bear true faith and allegiance to the com- 
monwealth of Massachusetts, and will support the constitution thereof : So help me, 
God." 

" I, A B, do solemnly swear and affirm, that I wiU faithfully and impartially dis- 
charge and perform all the duties incumbent on me as , according to the best 
of my abilities and understanding, agreeably to the rules and regulations of the consti- 
tution, and the laws of the eomnionwealth. So help me, God." 

"I, A B, do solemnly swear that I will support the constitution of the United 
States." 

And on the back of every commission the following certificate shall 
be printed and signed by the person before whom such officer is 
qualified : — 

This may certify that A B, commissioned as within on this day of 

A. D. personally appeared, and took and subscribed the oaths required by 

the constitution and laws of this commonwealth and a law of the United States, to 
qualify him to discharge the duties of his office. 
Before me, 

Sect. 53. Every clerk of a coiTi])any, before he enters n]ion his du- 
ties, shall take the following oath, before the commanding officer of the 
company to which he belongs, viz. : — 

" I, A B, do solemnly swear that I will faithfully and impartially perform all the 
duties incumbent on me, as clerk of the company to which I belong, according to the 
best of my abilities and understanding. So help me, God." 

The commander of such company shall at the time of administering 
the oath certify on the back of the warrant of the sergeant appointed 
to be clerk, that he was duly qualified, by taking the oath required 
by law. 

Sect. 54. When an officer requests in writing his discharge from 
office, with the ajqjroval of the commanders of the regiment or bat- 
talion, brigade and division, to which he belongs, the commander-in- 
chief may discharge him. 

Sect. 55. No commanding officer shall approve a resignation under 
the jireceding section, if the same is offered between the first day of 
Maj^ and the first day of November, unless the reasons for such resig- 
nation are urgent and ]iroved to his satisfaction ; and the rolls, orderly 
book, roster, and documents, in the custody of the officer resigning, 
shall before his discharge is delivered to him, be deposited with the 
officer having a right to the custody of the same. 

Sect. 5G. If an officer unreasonably refuses to approve an applica- 
tion for discharge, and it is so made to ajijjear to the commanders above 
him, they may apjirove the same, and the comraander-iii-chief may dis- 
charge the applicant. 

Sect. 57. No officer shall be discharged by the commander-in-chief, 
unk-ss upon his own request, except as follows : — 

When it ajipears to the commander-in-chief that he has become 
unable or unfit to discharge the duties of his office, or to exercise jiroper 
authority over his inferior officers and soldiers, or that he has been con- 
victed of an infamous crime ; 

When the commander of his division certifies that he has, cither 
before or after receiving his commission, removed his residence out of 
the bounds of his command to so great a distance, that in the ojiinion 
of such commanding officer it is inconvenient to exercise his command ; 

When such commander certifies that he has been absent from his 
command more than one year without leave ; 

Upon address of both houses of the legislature to the governor; 

Upon sentence of court martial, after trial according to law ; 



Chap. 13.] militia — adjutant-general. 101 

When the corps to which he belongs is disbanded ; Officers, whea 

In which cases he may be so discharged. Every officer, except banded! "^^ 
when under arrest, shall perform the duties of his office until he is K. s. 12, § 71. 
discharged. 

Sect. 58. When an officer accepts an appointment in the army of Discharge by 
the United States, his office shall thereby become vacant ; and if after tPPg^™™!'" 
acce])ting such ajipointment, he exercises any of the powers and I'enaity. 
authority of such otfice, he shall forfeit not exceeding three hundred mi. ' ' *' ' 
dollars. 

Sect. 59. The commissions of staff officers appointed by a command- staff commis- 
ing officer, shall expire as soon as the successor of such commanding r"s!i2, § 73. 
officer is commissioned. i'?"' t,'"' ^ ■*■ 

Sect. 60. Officers under arrest shall not resign, but shall be sus- bfflcers under 
pendeil from exercising the duties of office. K'^s''*i2 §5 70 

Sect. 61. A non-commissioned officer or clerk of a company may ije. 
resign his office to the commanding officer of his company, and be dis- ^loSed'Ser. 
charged by him. K. s. 12, § 74. 

THE ADJirTANT-GENERAL. 

Sect. 62. The adjutant-general shall hold his office for the term of A(^jutan^gen- 

one year, and until his successor is appointc<l and qualified, but may be ulsiii, §§22, 49 

removed at any time bv the commander-in-chief. K- s. i3, §20. 

. . 1^3 17 § 1 

Sect. 63. He shall give bond to the state in the penal sum of twenty to'giv'e bond. 

thousand dollars, with two sureties at least, to be approved by the gov- ^'**^' ^"' 5 ^• 

ernor and council, conditioned faithfully to discharge the duties of his 

office ; to use all necessary diligence and care in the safe keeping of 

military stores and property of the commonwealth committed to his 

custody ; to account for the same, and deliver over to his successor, or 

to any other person authorized to receive the same, such stores and 

property. 

Sect. 64. He shall receive a salary of eighteen hundred doll.ars a salary of, 
year, in full payment for .all services rendered as such officer and as act- jj.^a'^ if °§ 4. 
ing quartermaster-general and keeper of the public magazines, muni- is54, 8i,§i. 
ions of war, intrenching tools and other implements of war belonging ij^uj iwi 
to the commonwealth ; and may employ in his office a clerk .at a salary 
of twelve hundred dollars a year. 

Sect. 65. He shall distribute all orders from the commander-in-chief; to distribute 
shall obey all orders relative to carrying into execution and jicrt'ecting derf fi^.^nd tc 
any system of military discipline established by law; an<l shall be in r"q°'5.,''Y'i2"'I( 
attendance when the commander-in-chief reviews the militia. 82. ' ' 

Sect. 66. He shall furnish blank forms of rolls and of the different to furnish 
returns that may be required, explaining the pi-inciples upon which they riturusl'aud™' 
should be made ; of orders for the commanders of comiianies to order ij'auks for com 

, • . 1 rt. -t • -1. 1 ■ ._ i 1 pauy orders, »fec 

the non-commissioned officers and privates to notify their men to attend k. s. 12, § 9,34 
the inspections, trainings, reviews, and elections of officers, which may ''^• 
be ordered ; and of notifications or orders, to be left with the men. 

Sect. 67. He sh.all make proper abstracts from the returns of the to make ab- 
commanding officers of brigades and divisionary corps, and lay the turns. 
s.ame before the commander-in-chief, annually. ^- ^- ^^' § •^''■ 

Sect. 68. He shall annually make a return, in duplicate, of the tomaiteannu 
militia of the state, with their arms, accoutrements, and ammunition, pijclte™'"" 
according to such directions as he may receive from the secretary of K- s. 12, § 33. 
war of the United States ; one copy of which he shall deliver to the 
commander-in-chief, and transmit the other to the president of the 
United States, on or before the first Monday in January. 

Sect. 69. He shall, within twenty days after the receipt of each to certify 
company or band ]iay roll under sections one hundred and twenty-two mit t'oTo'wns"^ 
and one hundred and twenty-four, .after carrying out therein opposite to '|*J;' ^''*' |t^' ^ 
the name of each man returned, the amount of pay to which he is see §"1.39. 
9* 



1C2 



MILITIA — ARMS, EQUIPMENTS, &C. 



[Chap. 13. 



A(ijutant-2fpn- 
er;il to submit 
to tlic auditor, 

roll of OtTlCtTB 

entitled to |iay. 
1845, 24.'!, « S. 
l,S4(i, 218, §§ 4, '.). 
1849, 50, § 2. 
1849, 218, § 7. 
See § 139. 



account of ex- 
penditures. 
is:i7, 240, § 4. 
1849, 5'i, § 2. 
ISSr, 40, § 1. 

to distribute 
arms, &c. 
K.S. 12, §§4^,44. 
IR40, 92, § 20. 
1842, «:(, § I. 
1844, 101, §8. 
Kesoives, 1845, 
n, 82. 
1847, 77. 
Field pieces 
to remain in 
possessiou of 
toMms, &c. 
Resolves, 1853, 
53. 



What uniform 
to be provid-'d. 
l:. S. 12, §§ 39, 
99, 112. 
1840, 92, § 22. 
4 Gray, 502. 



Uniform, A'c,, 
exempt from at- 
taclinient. 
R. S. 12, § 42. 
1857, 2.35, § 1. 



Camp oquipaf^e 
to be furnislic'd 
to commiuulcrs 
of divisions, .tc. 
Resolves, 1847, 
77. 



Colors to be fur- 
nisbed. 

Who responsi- 
ble. 
R. S. 12, § 43. 

Arms and 



entitled, ami certifying thereon that it contains the names of those per- 
sons only who are entitled to pay, transmit the same to the mayor and 
aldermen, or the selectmen of the city or town in which the armory or 
place of assembly of such company or band is situated. 

Sect. 70. He shall on or before the twenty-fifth day of .Tanunry in 
each year, make out a certified roll of the names of all the geiu'ral, field 
and staff officers that appear by the returns made to liim under section 
one hundred and twenty-eight, to be entitled to the pay under section 
one hundred and thirty-seven, and shall ascertain from the returns made 
to him under sections one hundred and twenty-two and one hundred 
and twenty-four, the amount of money necessary to reimburse the 
several cities and towns, and shall submit sucli roll and result to the 
auditor; and the governor shall draw his warrant on the treasury for 
such sums as may be necessary to jjay such officers and reimbiu'se such 
cities and towns. 

Sect. 71. He shall, annually in January, lay before the auditor, an 
account, with vouchers, of his expenditures as adjutant-general and 
acting quartermaster-general. 

Sect. 7'2. He shall distribute to the officers, regiments, battalions, 
and companies, of the volunteer militia, the anns, furniture, equipments, 
equipage, and books, required by law to be furnished at jniblic expense, 
and may sue either in contract or tort any or all such officers for loss or 
damage sustained in articles so furnished them. 

Sect. 73. He may permit the field jiieces and artillery equipments 
now in the possession of the towns and cities, so to remain so long as 
they provide suitable places of deposit tlierefor, and keep them in good 
condition, without exjjense to the commonwealth. 

ARMS, EQUIPMENTS, EQUIPAGE, &C. 
ARTICLES FURNISHED BT S0LBIEK8. 

Sect. 74. Officers of the line and staff, and officers and soldiers of a 
company raised at large, shall provide themselves with such uniforms 
complete as the commander-in-chief prescribes, subject to such restric- 
tions, limitations, and alterations, as he may order; and every such 
soldier deficient therein shall forfeit two dollars, to be recovered on 
complaint of the clerk, one-half to his use, and one-half to the use of 
the commanding officer. 

Sect. 75. Every officer and soldier shall hold his uniform, aiTns, 
ammunition, and accoutrements, required by law, free ti-om all suits, 
distresses, executions, or sales, for debt or payment of taxes. 

ARTICLES FURNISHED BT THE STATE. 

Sect. 76. The quartermaster-general shall deliver as a loan from the 
state to the commanding officer of each division, brigade, regiment, b.at- 
talion, or company, of the volunteer militi.a, such tents, fixtures, and 
other cam]) equipage as may be in the state arsenal ; and each officer to 
'^^•hom such equipage is delivered, shall be responsilile for the safe keep- 
ing of the same ; and in case of the discharge or death of such officer, 
lie or his legal representati\'e shall l^e released from such resjionsibility, 
upon filing in the office of the adjutant-general, a certificate of the offi- 
cer succeeding him in command, that the articles so furnishe<l are nt the 
date of the certificate, in good order and condition, reasonable use and 
wear thereof excepted. 

Sect. 77. Each regiment and battalion shall be furnished by the 
state with the state and regimental colors, their stafi's, belts, and sockets, 
and the commander of such regiment or battalion shall be responsible 
for their safe keejiing. 

Sect. 78. Each company of the volunteer militia on application by 



Chap. 13.] militia — arms, equipments, &c. 103 

the commander tlieroof to the adjutant-general, and producing satisfac- equipments to 
tory evidence tlial a .suitable armory or place of deposit is provided 1's4o''™)''k''.'.'o" 
therefor agreeably to section eighty-eight, shall be furnished with such 
appro])ri:ite arms and ccjuipments as shall be detenuined by the com- 
mander-in-chief. 

Sect. 79. The commissioned officers of every company of volunteer commissioned 



militia shall, from the time of their bein? qualified, be responsible for offlf^ers icspon, 

»i i- 1 • 1 i i> 11 • , ' . „ sible for cquip- 

the sate kee]iing and return oi all amis, equipment, and equi]3age, fur- mcuts. 
nished and in their possession, by provisions of law, and for any loss or 'w2; m,' § i"' 



damage thereto, compensation may be obtained by an action of con- "^o-, .312. 
tract brought by the adjutant-general against all or any of such 71!™ *'^*' '*'^' 
officers. 

Sect. 80. In case of the discharge or death of siidi an officer, he or how relieved 
liis legal representative shall be relieved from such responsibility, upon bii'^I^fnScof 
filing in the office of the adjutant-general a certificate signed by not less discharge, &c. 
than two commissioned officers of his company, that such articles EesoiTCs^iws, 
are, at the date of the certificate, undiminished in quantity and value, "'• 
reasonable use and wear excepted. 

Sect. 81. Ujion the disbandmcnt of a volunteer company which has Arms, &c., to 
received amis, equipments, or equipage, from the adjutant-general, he dLSded'coT 
shall receive the same on presentation thereof by the officers of the i""'y- 
company, or their agents. "~^~'' '"''^' ^ ^' 

Sect. 82. Each company of militia shall be furnished with such instruments of 
instruments of music as the commander-in-chief shall order. Each "Isi'jed!'"^ 
commander of a brigade may divaw orders upon the quartermaster- ["'"""""'<''■ of 
general, or officer acting as such, in favor of the commanders of regi- on'rer." """"" 
merits, battalions, and companies, for colors and instruments of mu.sic. J^Jxrespopsi- 
Commanders of companies shall be responsible for the safe keeping of K. s. 12, § 43. 
the instruments delivered to them for the use of their companies. 

Sect. 83. Each comp.any of foot artillery shall be provided by the Cannon, ammn- 
quarterniastcr-general with the battery of manccuvre jirescribed for that n'md'siied tlTM-- 
nmi by the war department of the United States ; with caissons, harness, 'i'lery. 
implements, laboratory, and ordnance stores, which may, from time to 
time, be necessary for their complete enuiiiment for the field : and, when ''Y''™ '1 '*"** 

, ' ,. • , .1 i- 1 v.. i ^- T . ofwar, &c., 

a state ot war, or danger thereof, renders target practice ex]}edK'nt in powder, &c., 

the o])inion of the commander-in-chief, such quantity of ammunition '"■'mshed. 

annually as he deems necessary to be expended in experimental gun- y^-l^g accounts 

nery. The commissioned officers of each company shall be accountable able. 

for "the preservation of the jiieces, a]iparatus, and ammunition aforesaid, iwu.'Ji^lVs. 

and for the projier expenditure of the ammunition. isas, i;4, § 7. 

Sect. 84. The commanding officer of such company, when it is when comp«ny 

ordered to march out of the city or town where the gun-house is situ- <"'<'>^"<' '» 

, -, . /• 1 ^ . 1 marcn out of 

atea, and on occasions ot parade tor experimental gunnery, or camji town, &c. 
duty, shall provide horses to draw the field pieces and caissons, and tattery7ho°v 
present his account of the expenses thereof, as provided in section one ryW- 
hundred and forty-nine. On all other occasions when ordered out by it4u,'2iy,§ i'i. 
an officer of comjietent authority for camp or salute duty, the charges 
for horses, powder, and necessary expenses, shall be defrayed by the 
quartenuaster-general. 

Sect. 85. Every general and field officer, division and brigade-in- scott's Tactics, 
spector, adjutant of regiment or battalion, and commander of a comjiany, ^^y '"? b'? f"i 
shall be fiirnishcd with Scott's Infantry Tactics, adopted by the war ccrs. 
department in the year eighteen hundred and thirty-five ; every sub.al- J'^™'™ 27*^ 
tern officer of an infantry coni])any with the first and second volumes of 1S04I32.' 
said Tactics; every field, staff, and company officer, and non-commissioned 
officer, with the compend of instruction in military tactics and the 
manual of percussioned arms with extracts from the anny regulations, 
prepared by the adjutant-general. All which books shall be considered 
public property, and delivered by such officers to their successors. 



104 



MILITIA — ARMORIES, ORDERS, &c. 



[Chap. 13. 



Military stores 
may bo sold, &c. 
Kesolves, 1822, 
28. 



Committee of 
leg'ifiliiture to 
visit arseual and 
report. 

Kesolves, 1845, 
12. 



Sect. 86. The commander-in-chief, with the advice and consent of 
the council, may sell or exchange, from time to time, such military stores 
belonging to the quartermaster-general's department as are found un- 
serviceable or in a state of decay, pr wLich they think it for the interest 
of the state to so sell or exchange. 

Sect. 87. The committee of the legislature on the militia shall, 
annually in January, visit the arsenal in Cambridge, and make a thorough 
examination into the condition of the same, of the arms and munitions 
of war, and other property of the state or general government deposited 
there, and report the condition of the arsenal and property. 



Armories, se- 
lectmen, &c., to 
provide. 
ISM, 92, § 20. 
1853, IKK, § 1. 
See § 78. 



rent of, &c., 
to be certified 
by selectmen, 

&c. 

1853, 188, § 2. 

See § 91. 



Ai^iutant-gener- 
al to audit, &c., 
claims for rent. 
Payment. 
IWil, 31), § 2. 
1853, 188, § 3. 

1857, 303, § 2. 

1858, 166, § 2. 



Penalty for 

false certificate. 
1853, 188, § 4. 



Armories, &c., 
how examined. 
1840, 92, § 20. 



ABMORIES. 

Sect. 88. The mayor and aldermen and selectmen shall provide for 
each company of militia within the limits of their respective places a 
suitable armory or place of deposit for the arms, equipments, and equi- 
page, furnished it by the state. When a company is formed from diflerent 
places, the location of such armory or place of deposit shall be deter- 
mined by a majority of its members. 

Sect. 89. They shall annually in October or November transmit to 
the office of the adjutant-general a certificate, verified by the o.ath or 
affirmation of at least two of their board, showing the name of each 
company furnished with an armory, the amount paid for the rent thereof, 
and stating that a majority of their board consider such armory neces- 
sary for the use of such company, and that the rent charged therefor is 
fair and reasonable according to the value of real estate in their place. 

Sect. 90. The adjutant-general shall annually examine all certificates 
so returned to his office, institute any inquiries he deems expedient 
relative thereto, and allow them in whole or in part to an amount not 
exceeding three hundred dollars for one company. He shall within ten 
days after such examination file in the office of the auditor his certificate 
stating the suras allowed, the name of the company for whose use each 
sum is allowed, and the place to which it belongs ; and shall thereupon 
notify the mayor, aldermen or selectmen, of the sum allowed to their 
place, which sum shall be paid upon the warrant of the governor to 
such mayor and aldermen or selectmen, as provided by law for the 
reimbursement of sums paid for military service. 

Sect. 91. A city or town receiving from the treasury of the com- 
monwealth, by reason of a false return or certificate, under section 
eighty-nine, any money to which such place is not entitled, shall forfeit 
a sum not exceeding four times the amount of money so received. 

Sect. 92. The commander-in-chief may at any time detail an officer 
to examine any armory and report the condition thereof^ and of the 
arms, equipments, and equipage, therein deposited. 



Orders, by 
whom distrib- 
uted. 

K. S. 12, §§ 12, 
30. 
1837, 240, § 8. 

Companies or- 
dered out, how 
notified. 
R. S. 12, §§ RS, 
100, 112. 
13 JIaa.i. 433. 

9 Pick. 41,557. 

10 Pick. 134. 
17 Pick. 243. 
24 Pick. 172. 



OEDEES AND NOTIFICATIONS. 

Sect. 93. Orders from the commander-in-chief shall be distributed 
by the adjutant-general; division orders, by the division-inspector; 
brigade orders, by the brigade-major; regimental and battalion orders, 
by the adjutant; company orders, by the clerk, or by any non-com- 
missioned officer or private, when so required by the commanding officer. 

Sect. 94. When a commander orders out his company for military 
duty, or for election of officers, he shall order one or more of the non- 
commissioned officers or privates, to notify the men belonging to the 
company to appear at the time and place appointed. Such non-com- 
missioneil officer or private shall give notice of sucli time and ]ilace to 
every person whom he is ordered to notify ; if he fails so to do, he sh.all 
foifeit not less than twenty nor more than one hundred dollars, to be 



CeAP. 13.] MILITIA — DISCIPLINE, &c. 105 

recovered on complaint of the clerk, one-half to his use and one-half to 
the use of the commanding officer. 

Sect. 95. Xo notice shall be legal, imless given by such non-com- Notifications, 
missioned officer or private to each man verbally, or by leaving at his [fniosf or* *"** 
usual ])lace of abode a written or printed order signed by such officer or verbal notice 
private four days at least previous to the time appointed, if for military Notiflcatione, 
dut}', and ten days previous thereto, if for election of officers; but in i°^s'r>'Ts9 
case of invasion, insurrection, riot, or an unforeseen or sudden occasion, is4(mii;,'§ 24.' 
a verbal, written, or printed notice, however short, shall be legal. When 21 Fick! .isa. 
a comnanv is paraded, the commandinar officer mav vcrballv notifv the 22 Pick. -kk;. 
men to ap[)ear at a future day, not exceeding thirty days from the time ' ' 

of such jiarade, which shall be sufficient notice as respects the ])ersons 
present ; and all commanders of companies may on parade, read division, 
brigade, or regimental orders, and notify the soldiers of their several 
commands to apjiear as by such orders required ; which notice shall be 
a sufficient warning. Notifications may be proved, as provided in sec- 
tion one hundred and fifty-four. 

Sect. 96. When a company is without commissioned officers, the Company with- 

commander of the regiment or battalion to which it belongs, or the notiflcd*"^^'^"" 

officer detailed by him to discipline the s.ame, shall in writintr order anv }'™o""y- „ 

■•to; • » . .-V .1 "7-11 * 1 i£. s. 12, §§ 91, 

non-commissioned officers or pnvates to notitj^ the i)ersons hable to do 100, 111. 

duty in such company, to appear for duty required by law, at the time See §30. 

and ])lace mentioned in such order; and, if a non-commissioned officer 

or i)rivate refuses or neglects so to notify, he shall foi-tc'it and pay to the 

use of jiis regiment or battalion not less than twenty nor more than one 

hun<lred dollars, to be recovered on complaint by the commander thereof 

Sect. 97. Clerks of companies shall record in the orderlj- book. Orders, &c., to 

company orders and notifications ; but such record shall not be necessary i;| ™i2,''ri3. 

to the recovery of a penalty. 

DISCIPLINE, TEAININGS, IXSPECTIOX, AND CAHfP DUTT. 

Sect. 98. The system of discipline and field e.Ycrcise ordered to be Svstem of disci- 
observed by the army of the United States, in the difl'erent corps, or 'i{"s;i*,%75. 
such otlier system as may hereafter be directed for the militia by laws iwo, 92, §§5,21. 
of the United States, shall be observed by the militia. 

Sect. 99. The conunande'r of every reghueut, battalion, and detached Commanders of 
company, may annually order out the conuuissioiied and non-commis- [oor"dcrelcmeii- 
sioned oflicers umler his command, for elementary drill, two separate tarj- drills. 
<lays between the middle of May and the middle cif July, at such place rttendan'S/'.°°"" 
as he deems most convenient; and if the place of any such officer in a 1854, 367, §§ 3, *. 
eom))any is vacant, the commander thereof shall detail from the jirivates 
tmder his command a sufficient number to make up the deficiency. 
Every person unnecessarily neglecting to attend at the time and place 
appointed for such drill, shall forfeit to the use of his regiment, battalion, 
or company, three dollars, to be recovered by any commissioned officer 
thereof; in an action of tort. 

Sect. 100. Unless the commander-in-chief prescribes the time, place. Encampments, 
and manner, of assembling the troops for the pur])oses declared in this issued! '^°'^' """^ 
section, each commander of division shall annually order an encamp- Place of. 
ment of his division by brigades or regiments, at some time between the ]|i9,'2'i8,§§a,6. 
middle of July and the middle of October. The orders for encamp- '^^^pl'j.i', 
ment by brigade shall be promidgated in the brigade thirty days before isss', igo1§7.' 
the time a)i]iointed for the encampment; the orders for encampment by "Gray, 300. 
regiment shall be jiromulgated in the regiment twenty daj-s before such 
time. The ]>laee and, if no time is designated bj- the commander of 
division, the time of encampment shall be designated by the commander 
of the troops to be assembled, and regard shall always be had to the 
convenience, proximity, and accommodation, of the troops to be assem- 
bled ; but no ground shall be occupied for an encampment in time of 
14 



106 



MILITIA — DISCIPLINE, &c. 



[Chap. 13. 



Distance com- 
paniea to 
march. 

Parade of more 
tlian briga'le. 
R. S. U, § ,-,s. 
I(rt0, 9J, § 2i. 

Troops to be ex- 
ercise.!, inspect- 
ed, &c. 
R. S. 12, §§ OS, 

lia. 

l»5;i, loi, §§0,0. 



Company roll 
calls, liow made 

185;, aai, § i. 

1858, lOU, § 1. 



Rank of corps. 
Senior officer to 
command. 
R. S. 12, § 79. 
1853, 337, § 1. 
See § 37. 



Companies 
withoutofficers, 
how command- 
ed. 
R. S. 12, § 79. 

Brigadc-m.'ijors 
to attend re- 
views, inspect 
arms, &c. 
R. S. 12, § 81. 



Officers and sol- 
diers may drill 
in camp, &c. 
1849, 218, § 3. 



JiOimds of pa- 
rade may be 
fixed. 

Punishment for 
intrusion. 
K. Jj. 12, § 80. 



Persons not 
boldeu to do 
duty on days of 
certain elec- 
tions, except, 
&c. 



Liability of offi- 
cers. 

R. S. 12, §§ 85, 
101. 
See §§ 100, ICl. 



peace without the consent of the selectmen of the town, or mayor and 
aldermen of the city where the encampment is to be made. 

Sect. 101. No officer or soldier shall be obliged to march more than 
fifteen miles from his residence to a review, except of a regiment, bat- 
talion, or less body, and no larger body than a brigade shall be ordered 
to parade at the same time and place, except by order of the com- 
mander-in-chief 

Sect. 102. Each encampment shall last three days ; the troops shall 
be inspected, reviewed, and thoroughly exercised, as companies, bat- 
talions, or brigades, in the whole routine of camp and field duty. Every 
non-commissioned officer and private, holden by law to do military duty 
in a company, and unnecessarily neglecting to ap]iear at the time and 
place appointed for encampment, shall forfeit five dollars, to be recovered 
on complaint of the clerk, one-half to his use and one-half to the use of 
the commanding officer. 

Sect. 103. Each company roll call shall be made during the term of 
encampment, under the supervision and in presence of a regimental or 
commissioned staff officer, to be designated by the commanding officer 
of the regiment or battalion to which the company is attached. 

Sect. 104. Each division, brigade, regiment, and battalion, .shall, in 
the field, rank according to its number, the lowest number having the 
highest rank; companies in a regiment or battalion shall form according 
to the rank of the officers ])rescnt commanding them ; and when distinct 
corps parade, join, or do duty, together, the senior officer present shall 
command. 

Sect. 105. When a company destitute of commissioned officers 
parades with other troojis, the officer in command shall detail one or 
more commissioned officers present to command it, unless tlie officer 
detailed by the commander of the regiment to command it is present. 

Sect. 106. The brigade-majors and inspectors shall attend tlie annual 
encampments of the regiments and battalions in their brigades while 
encamped separately, and wliile they are under arms, inspect their arms, 
ammunition, and accoutrements, superintend their exercises and ma- 
nceuvres, and introduce the system of military discipline required by law 
and by orders received from time to time from the commamler-in-chief 

Sect. 107. By permission of the officer in chief command, an<l of 
their own immediate superiors, officers, privates, and musicians, may drill 
and mano-uvre in camp in undress uniform or fatigue dress, and mounted 
officers may discharge their duties on foot. 

Sect. 108. Every commanding officer, when on duty, may ascertain 
and fix necessary bounds and limits to his parade, (not including a road, 
so as to prevent passing,) within which no spectator shall enter without 
leave from such commanding officer. Whoever intrudes within the 
limits of the parade, after being forbidden, may be confined under guard 
during the time of parade, or a shorter time, at the discretion of the 
commanding officer; and whoever resists a sentry who attempts to put 
him or keep him out of such limits, may be arrested by order of the 
commanding officer, and c.arried before a court or magistrate, to be 
examined or tried upon complaint for such assault, or disturbance or 
breach of the peace. 

Sect. 109. No officer or soldier shall be holden to perform militaiy 
duty except in case of invasion, insurrection, riot, or tumult made or 
threatened, or in obedience to the orders of the commander-in-chief, on 
a day appointed for a meeting in the town in which he resides for the 
election of governor, lieutenant-governor, senators, electors of president 
or vice-president of the United States, or representatives to congress or 
the general court ; and an officer parading his company or ordering it 
to parade contrary to the provisions of this section, shall, besides being 
liable to a court martial, forfeit not less than fifty nor more than three 
hundred dollars. 



Chap. 13.] militia — discipline, &c. 107 

Sect. 110. The commander-in-chief may order out any portion of Commanrter-m- 
the militia for escort and other duties. The commanders of companies ci,cort"'&^"'^"*" 
or corps so ordered out shall present their accounts for necessary mu- JJ"™- 
sic to the quartemiaster-gencral, who shall pay the same out of the KeBoive's, isii, 
monc}' of the state in his hands. •**■ 

Skct. 111. Nothing herein contained shall be construed to prevent Voluntary pa- 
any company from meeting for the pui-pose of drill, funeral or other [inlHed."' ''™ 
escort, or a voluntary service ; nor to impair the obligation arising under 
constitutional articles of agreement adopted by the company, so far as Articles of 
regai'ds the members who have signed the same, unless they are rejnig- ;|if,'in'i'"rbv com- 
nant to law. All fines, penalties, and assessments incurred by officers or pany binding, 
soldiers of such company, under such constitutional articles of agree- bVcach thereof, 
ment signed by them, and approved by the commander-in-chief, may, in k. s. 12, § 87. 
addition to any other remedy thereon, be recovered on complaint of the 
clerk. 

Sect. 112. Every non-commissioned officer or private who appears Penalty for del 
at a parade or drill required by law, deficient in any arm furnisheff him 21""^ '" *™''' 
by the state, or with such arms unserviceable or in bad condition, shall k. s. 12, §§ 43, 
forfeit one dollar, and every such officer or private so appearing, deficient imsi, 2ir,'"§ 13. 
in any article of equi])ment or ammunition furnished to or required of ^^-' iw, §6. 
him by law or general order, or with such equipment or ammunition of 
bad quality or condition, shall forfeit fifty cents, to be recovered on 
complaint of the clerk, one-half to his use and one-half to the use of the 
commanding officer. 

Sect. 113. A soldier who unnecessarily, or without order from a Loaded arms 
superior officer, comes to any [larade, with his musket, rifle, or jiistol, i,'r',u."i,'t''on pa- 
loaded with ball, slug, or shot, or so loads the same while on para<le, or rad.-,°&c. 
unnecessarily, or without order from a superior officer, discharges the 10b, iizT ' 
same when going to, returning from, or u])on parade, shall foileit not 
less than five nor more than twenty dollars, to be recovered ou com- 
plaint of the clei-k, one-haLf to his use and one-half to the use of the 
commanding officer. 

Se< T. 114. A soldier behaving with contempt towards an officer, or Contempt, dis- 
conducting in a disorderly manner, or exciting or joining in a tumult i'iv"how"pun°*' 
or riot, or being fruilty of unniilitary conduct, disobedience of orders, or isln-d. 
neglect of duty when under arms or on duty, shall foifeit not less than •■-•'' 
five nor more than twenty dollars, to be recovered as provided in the 
preceding section. 

Sect. 115. A soldier quitting his gttard, section, platoon, or cont- Quitting guard, 
pany, shall forfeit not less than two nor more than ten dollars, to be fcd'!"^ ^'"" 
recovered, if the offence is committed at a regimental or battalion pa- k. S. 12, § 100. 
rade, on comjilaint by the commander of the regiment or battalion, or 
the company clerk ; if at any other parade, by the clerk. 

Sect. 116. For any offence mentioned in the jn-eceding section the .Soldiers may be 
delincpient may be put and ke]it under guard by the commander of the iIuar'i!'''xon- 
company, regiment, or of the field, for a time not extending beyond the commissioned 

.'/' '^. n ',.,,. ', 1 1 « » •' . . -1 officer may be 

term of service tor which he is then ordered. A non-commissioned reduced to 
officer, for an offence mentioned in this chapter, or for disobedience of 5f"!f'j., 5 .gf, 
orders or unniilitary conduct at a regimental or battalion p.arade, may 
besides incurring the fine prescribed be reduced to the ranks by the 
commander of his regiment or battalion ; and for such misconduct at 
any other ptirade, by such commander with the advice of his company 
commander. 

Sect. 117. Soldiers in companies without officers, when ordered out Penalties on 
to be trained and disciplined, shall for absence, deficiency, misconduct, p°l,1o7without" 
or neglect, be liable to the fines prescribed for oftences in other com- offi.-ers. 
panies, to be recovered upon complaint of the officer so detailed, sub- ni. " ' 

stantially as by clerks under sectitm one hundred and fifty-four, one- 
half to the use of such officer and one-half to the use of the regiment 
or battalion. 



108 



■ RETURN'S. 



[Chap. 13. 



Rosters and or- 
derly book, by 
whom kept. 

K. s. 1^, § -jr. 

1837, 240, § ». 



Company rolls, 
how kept. 

ti> be revised 
and corrected. 

R.S. 12, §§'.!,!». 

22 Pick. 4ur.. 
2:j lick. 54, 208. 



Company or- 
derly book, how 
kept. 

Delinquencies, 
fines, Ac, to be 
recorded. 
K. S. 12, § 29. 
23 Pick. 54, 20S. 



Commander of 
companies to 
make duplicate 
returns in ten 
days. 

Returns of di- 
visionary corps, 
&c., to whom 
made. 

R. S. 12, § 13. 
18411, 21»,§ 1. 
1849, 218, § 9. 
1858, 106, § 1. 



to make al- 
phabetical pay 
rolls of ctjMii)a- 
nies witliiu ten 
days after camp 
duty. 

1S4(>, 318, § 2. 
1849, 218, § 9 
1856, 101), § I. 
See §§ 09, ru, 
1.39, 140. 



Penalty for 
nej^lect, or false 
return, &c. 
1815, 243, § 10. 
1849, 218, § 9. 
2 Mot. 298. 



Returns by 
master of rerri- 
mental or bat- 
talion band. 
1840, 218, § 9. 
See§§09,r0, 1.39, 
140. 



ROSTERS, ORDERLY BOOKS, ROLLS, AND RETURNS. 

Sect. 118. The division-inspector of each division, tlie Ijrifjade-inajor 
of e:u-li briaj.ide, iind the adjutant of each regiment, battalion, or coi'iis, 
shall constantly keep a correct roster of the command to whicli he bo- 
longs, and an orderly book in which he sliall record orders received and 
issned. 

Sect. 119. A fair .and exact roll of each company shall be kept by 
the clerk, under the direction of the commander, with the >*t;ite of the 
arms and eciuiiiments furnished to each man, in the form jirescribed for 
the returns of the militia by the commander-in-chief. Such rolls shall 
be annually revised in the month of May, and corrected from time to 
time, as the state of the company and alterations in it m.iy require. 

Sect. 120. An orderly book shall also be kept in each com]>any, by 
the clerk, under the direction of the commander, and the proceei lings 
of the company, orders received and issued, and exact details of drafts 
and detachments, shall be recorded therein. Fines and forfeitures, with 
the time when, and the oifence, neglect, default, or deficiency, for 
whicli they were incurred, money collected b}^ him with the names of 
the persons from whom collected, and all delinquencies and deficiencies, 
shall be recorded in said book, which shall not be alienated from the 
company, and shall always be open to the inspection of its officers. 

Sect. 1"21. At the conclusion of each tour of camp duty, command- 
ers of comjianies shall make correct dujjlicate returns of their several 
companies for each day of the encani)>ment, upon which the commander 
of the regiment or battalion to which the company belongs shall certify 
that such company on each of tlie days of encampment well and faith- 
fully performed the duties required by law, and the staff officer super- 
vising the roll shall certify thereon that the number of officers, non- 
commissioned officers, musicians, and privates therein reported as pres- 
ent ami doing duty each day is correct. He shall deliver one of such 
returns to the brigade-m.ajor or inspecting officer on duty in the camji, 
and transmit the other, within ten days after said tour of camp duty, 
to the office of the adjutant-general. The returns of com]ianies attached 
to divisions or brigades, and not to regiments, shall be certified by the 
commanding officers of divisions or brigades I'esjiectively, and by staff 
officers of the division or brigade. 

Sect. 1'2'2. The commander of a company, within ten days after each 
tour of camp duty, .shall make a correct alphabetical payroll of his com- 
])any, containing the names of the members who appeared, armed, uni- 
formed, and equipped, and performed all the duties require<l on the days 
of encamjjinent, and sho^\'iiig the duty done by each memlier, and trans- 
mit the same, certified under his oath to be correct and true, to the 
office of the adjutant-general. Such roll shall not contain the name of 
a private who has done duty as a musician, and the whole number so 
returned shall in no ease exceed the number allowed to his company by 
sections fourteen and twenty-seven. 

Sect. 123. A commanding officer of a company who neglects to 
make the returns require<l by the two preceding sections, shall forfeit 
twenty-five dollars, and for making a false return in any case, shall for- 
feit one hundred dollar.?, to be prosecuted for by the officer to whom the 
return should be made. 

Sect. 124. The master of every regimental or battalion band shall, 
within ten days after a parade thereof, made under order of the com- 
mander of tlie regiment or battalion to which such band belongs, make 
and transmit to the adjutant-general .an alphabetical list of the men who 
appeared in uniform and jierfbrmed duty on such day, the last return to 
be made on or before the tenth day of November ; upon which the 
commanding officer to whom the band w'as ordered to report for duty, 



Chap. 13.] militia — calling out in case of war, &c. 109 

shall certify that the fluty was well and faithfully pei-formecl. For neg- 
lect to make such return, the master shall foifeit twenty-five dollars, and 
for making a false return shall forteit one hundred dollars, to be prose- 
cuted for by the officer to whom the return should be made. 

Sect. 125. On the last day of each tour of camp duty, commanders CommandcrB of 
of regiments and battalions .shall make correct certified rolls of the field tof™k"r!tuni!s 
and stall" officers of their several commands on duty for each day, speci- of officers. 
fying the names, rank, and duty done, by each officer who appeared i^-!] oj^*'^ 5. 
armed, uniformed, and equipped, on any day, and deliver the same to ilS'lgj'lJy' 
the brigade-major or in.specting officer of the camp. Every officer neg- ' ' 
lecting to make such returns, shall forteit for each offence fifty dollars, 
and for making a false return in any ease two hundred dollars, to be 
prosecuted tor by the officer to whom the return should be made. 

Sect. 126. Brigade-majors within twenty days after each tour of Brig-adc-majors 
camp duty done by their respective brigades, or the regiments or bat- of ™i"adT;m<:i* 
t.alions thereof^ shall make and transmit to the commander of the brigade field and staff 
a correct return of such brigades, reporting therein the condition of the p^uaiTy.*'" 
arms, accoutrements, and ammunition, of the several corps, with such "• ? .j^! §.<i2. 
suggestions relating to the government of the militia, and the advance- isw^aisll li. 
ment of order and discipline, as in his judgment may be required ; and jw-i, 3«r, §§ 1, 2, 
also in like manner make and transmit to the commander of division 
a certified roll of the general field and staff officers of their several 
brigades, specifying the rank of and duty done by each one who appeared 
uniformed and equip|)ed, ami peiformed duty on any day. For neglect 
to make either of said returns each brigade-major shall forfeit seventy- 
five dollars, and for making a false return in any case, three hundred 
dollars, to be prosecuted for by the officer to whom the return should 
be made. 

Sect. 127. Commanders of lirigades shall within thirty days after Commanders of 
each tour of camp duty performed by the troops under their respective J? "SnJs to "m'n ' 
commands, transmit to the commanders of their divisions a correct re- mandera of di 
turn of tiieir resjiective l>rigades, as furnished by tl;e brigade-majors ^"''""• 
under the preceding section. Commanders of divisions shall within commanders of 
ten days after the receipt of such returns of britjades under their '''^'^lon to 

i ^ . 1 rt. e 1 T 1 miiKt' returns to 

respective commands, transmit to the office of the adjutant-general adjutant .;en- 
correct returns of the state of their di\isions, as derived from such '^''"'" 
brigade returns. Each ofticer, for neglect to make the returns required Penalties. 
of him under this section, shall forfeit for each offence one hundred '^^ ' '"'^^ '~' 
dollars, to be prosecuted for by the officer to whom the return should 
be made. 

Sect. 128. Commanders of divisions shall, annually, on or before Commanders of 
the first day of November, make and transmit to the ofhce of the adju- makeou'roU of 
tant-general a certified roll of the general field and staff officers in their officers, 
respective divisions, specifying the name, rank, and duty done, by each isVi'C-'fs, §5. 
one who has a]ipeared armed, uniformed, and equipped, and j)erfbiTiied g*^''i^i,*' ^ ^^• 
duty, on any day. For neglect to m;ike such return, such commander 
shall forfeit one hundred dollars, and for making a false return in any 
case five hundred dollars, to be prosecuted for by the officer to whom 
the return should be made. 

CALLING OUT THE MILITIA IN CASE OF WAR, INVASION, nSrSUEEECTION, 
TUMULT, OE RIOTS. 

Sect. 129. When an invasion of or insurrection in the state is made Militia, how 
or threatened, the commander-in-chief shall call upon the militia to cilseofinva- 
repel or suiipress the same ; and may order out divisions, brigades, regi- ™"' *<=• 
ments, battalions, or companies; or may order to be detached parts or mauderofdivis- 
companics thereof, or any number of men to be drafted therefrom, and ion may order 

.,» 1 1 '1 1 /*. • - 1 1 111 °"^ troops. 

may cause omcers to be detailed, sufficient, with those attached to the 
10 



110 . MILITIA — CALLING OUT IN CASE OF WAR, &c. [ChAP. 13. 

K. s. 12, § 130. troops, to orfjanize tlie forces. If such invasion, or insurrection, or im- 
s^ass.'ll'x "' iiiinent danger thereof; in any part of the state is so sudden that the 
See §§ 161, i«8. commander-in-chief cannot be informed and his orders received and 
executed in season to resist or suppress tlie same, a commander of divis- 
ion in sucli part of the state may order out his division, or any part 
thereof, as the commander-in-chief might do. 
Drafts. Sect. 130. When a draft from the miUtia is ordered, the non-com- 

Offlcersde- missioned officers and privates, except so many as ofler to serve vohm- 
i:. s. 12, 5 130. tarilv, shall be drafted by lot Irom the company, and the officers regu- 
See §§ 101, 1U8. Yav\y detailed from the roster. 

If company Sect. 131. If a Company without officers is ordered to march, or a 

be'caiied'our'^^ draft or detachment is ordered therefrom, the commander of the regi- 
offiiortobede- ment or battalion shall detail an officer to command, who shall have the 
it!s.''i2, § 1.31. same authority to order them to a]ipear, to command them in the field, 
s«! §§ 101, 168. or to make a draft or detachment therefrom, as the captain of such 

company would have ; and shall be under the same responsibility. 
I'onaity on sol- Sect. 1312. Every soldier so ordered out, detached, or drafted, who 
^.appe'i^r'r&c"" *^°^® ""^ ajipear armed and equipped according to law, at the appointed 
Soldiers to take time and place, or provifle a substitute, or within twenty-four hours pay 
K. s!^i8,"§ 132. to the captain of his comjiany fifty dollars, shall be taken to be a soldier 
Soc §§ 161, ms. absent without leave ; and each soldier, ordered out, detached, or drafted, 
when so ordered, shall take with him provisions for not less than three 
days. 
Selectmen, &c., Sect. 133. The selectmen of a town and the mayor and aldermen 
ria|e8'&c.,''in 0^ ^ ^'^7 ^o wliich men so ordered out, detached, or dratted, belong, 
cortiiin cases, when required in writing by the commander of a regiment or detach- 
Officer^respon- ment, shall provide carriages to attend them with further supplies of 
iPs' i" « 133 provisions, and to carry necessary baggage, and provide necessary camp 
See §'§ ili, !fii', equipage and utensils, until notified by the commanding officer to desist ; 
§'s65 66.' 'oi. ^"'^ shall present their accounts, as provided in section one hundred and 
i''i,§5. forty-nine. For any neglect by mayor and aldermen or selectmen under 

this section, their place shall forfeit not less than twenty nor more than 
five hundred dollars. The officer, to whom any articles above men- 
tioned are delivered, shall be responsible that care is taken of the 
same. 
Troops, how or- Sect. 134. When there is in any county a tumult, riot, mob, or a 
case of riot" &c. ^ody of men acting together by force with intent to commit a felony, 
ijwo, 92, § 87. or to ofi'er violence to persons or property, or by force and violence to 
ra?. - • break and resist the laws of the commonwealth, or when such tumult, 
riot, or mob, is threatened, and the fact is made to aj^jiear to the com- 
mander-in-chief, or the mayor of a city, or to a court of record sitting in 
said county, or, if no such court is sitting therein, then to a justice of 
such court, or, if no such justice is within the county, then to the sheriff 
thereof, the commander-in-chief may issue his order, or such mayor, 
court, justice or sheriff may issue a precept, directed to any commander 
of a division, brigade, regiment, battalion, or coi-])s, directing him to or- 
der his command, or a part thereof, (descriliing the kind and number of 
troops,) to appear at a time and place therein sjjecified, to aid the civil 
authority in su])pressing such violence, and supporting the laws ; which 
precept, if issued by a court, shall be in substance as follows : — 



Form of requi- Commonwealth of SLissACHUSETTS. 

sitiou, &c. L. s. 

rp^ C insert the officer^s ) * t> j- ( insert his 

lo J .-,, i A B, commandme. » » o<r j 

. ^ title. 5 C command. 

Whereas it has been made to appear to our justices of our , now holden at 

, within and for the county of , that ijiere state one or more of the 

causes above mentioned) in our county of , and that military force is necessary 

to aid the civil authority iir suppressing the same ; now therefore, we command you 
that you cause, (Acie state the number and kind of troops required,) armed, equipped, 
and with ammunition, as the law directs, and with proper officers, either attached to 



Chap. 13.] militia — compensation. Hi 

the troops, or detailed by you, to parade at , on , then and there to obey 

such orders as may be given tlitra, according to law. Hereof fail not at youi' peril; 
and have you there this writ, with your doings returned thereon. 

Witness, L. S., Esq., at , on the day of , in the year 

C D, Clerk. 

And if the same is issued by a mayor, justice, or sheriff, it shall be 
under his hand and seal, and otherwise varied to suit the circumstances 
of the case. 

Sect. 135. The officer to whom the order of the commander-in-chief Penalties for 
or such preceyit is directed, shall forthwith order the troops therein men- ^hsobedience, 
tioned to parade at the time and place appointed. If he refuses or k. 8.12,5135. 
neglects to obey such order or precept, or if an officer neglects or re- l'^"' ^' ' 
fuses to obey an order issued in pursuance thereof, he -shall be cashiered See §§ lei, 168. 
and jiunished by fine or imprisonment not exceeding six months, as a 
court martial may adjudge. And a non-commissioned officer or soldier 
neglecting or refusing to appear at the place of parade to obey an order 
issued in such case, or any person advising or endeavoring to persuade 
an officer or soldier to refuse or neglect to appear at such place, or to 
obey such order, shall forfeit fiftj' dollars. 

Sect. 136. Such troops shall appear at the time and place appointed. Troops to ap- 
armed and cquip])ed, and witii ammunition as for inspection of amis, ]'m'S^9™s''29*''' 
and shall obey and execute such orders as they may then and there see §§ 161, les. 
receive according to law. 

COMPENSATION. 

Sect. 137. General, field, and commissioned staff officers shall Pay of general, 
receive for each day's duty in camp, and according to the returns of the officer™'*''*'^ 
inspectins: officers of encampment, five dollars, and non-commissioned is49, 218, §r. 

• 185*2 104 S 1 

staff officers three dollars a day, to be ]iaid them from the state treasury, see§ to.' 
upon the warrant of the governor and council, and according to a pay 
roll made up in the office of the adjutant-general. 

Sect. 138. Division-inspectors, brigade-majors or inspectors, and Pay ofinspect- 
adjutants of regiments or liattalions, of volunteer militia, shall receive k^^s.*i2, § 123. 
twenty-five dollars annuallv; adjutants of enrolled organized militia, is:!7, 240, § s. 
twelve dollars annually. i^ii', ga'g 9. 

Sect. 139. Every officer and soldier of the volunteer foot com- of members of 
panics shall receive, for each day's duty in camp, two dollars and fifty bXisl'bow """^ 

cents. computed, dis- 

Every member of a regimental or battalion band shall receive, for it4c,,*'2is, §§ 3, 4, 
services performed in obedience to an order of his regimental or bat- f^;^ 50 s 2 
tglion commander, at the rate of three dollars a day while on duty. iwa! 218, § 7. 

Every member of a mounted company or band shall receive double ]J!|v»g;^*" 
the pay allowed to such members performing duty on f"oot. 2 Met. 29c. 

Such sums shall be computed by the adjutant-general on the com- 
pany and banil pay rolls, made out, certified, and returned, under 
sections one hundred and twenty-two, and one hundred and twenty- 
four. 

After such computation, such pay rolls shall be transmitted to the 
mayor and aldennen of the cities and tlie selectmen of the towns in 
which such companies and bands are situated, as provided in section 
sixty-nine. 

Upon receipt of the same, the mayor and aldermen, and selectmen, 
shall draw their warrants upon their respective treasurers, directing 
them to ]>ay the amount due to the persons named in such rolls, and 
shall, annually, on or before the first day of December, under a penalty 
of thirty dollars for neglect in so doing, remit such rolls to the adjutant- 
general, with a certificate indorsed thereon, setting forth that a warrant 
has l)y them been drawn on their respective treasurers, in favor of the 
several persons whose names are recorded therein. Thereupon the ad- 
jutant-general shall lay the same, together with his roll, prepared uuder 



112 



MILITIA COMPENSATION. 



[Chap. 13. 



Pay forfeited 
for deficiency in 
returuy. Not to 
be received un- 
less full duty is 
perlbrmed, ex- 
cept, &c. 
1840,218, §§ 1,9. 
1858, llXi, § 1. 



T*ersonal eer- 
vice requisite to 
compensation. 
Excuses not to 
entitle to. 
18«, 101, § 2. 

Inspector-gen- 
eral, expenses. 
R. S. 12, § 128. 
1846, 218, § 12. 

Pay for travel 
in attending ele- 
mentary drills. 
How pjiid. 
1854, SOr, §§ 3, 5. 



of detach- 
ment on special 
duty. 

ISiO, 92, § 27. 
1852, 104, § 4. 

for travel in 
attendiufj elec- 
tions. 
1854, 3Cr, § 9. 

of members 
of courts mar- 
tial, &c. 



of president. 



of judg^e-ad- 
vocate. 



of marshal 
and members. 

of witnesses. 
1855, 120, § 2. 

Fees. 



Pay not allowed 
•niard, &c. 
E. S. 12, § 124. 



Relief to sol- 
diers or their 
families. 



section seventy, of general, field, and staff officers entitled to pay, 
before the auditor, and the governor may draw his wairaiit on the 
treasury for such sums as may be necessary to pay such otKccrs and re- 
imburse such cities and towns. 

Sect. 140. The compensation ])rovided in the preceding section 
shall be forfeited for default in making the returns required by sections 
one hundred and twenty-two and one hundred and twenty-four ; and 
no person shall receive com])ensation who does not remain in camp and 
perform all duties required during the period of encamj^ment ; except 
that a person who once a])pears and is excused from further duty by 
reason of sickness, shall be entitled to compensation for the time he is 
actually engaged in service. 

Sect. 141. No officer or soldier in the volunteer militia sliall receive 
the compensation provided in this chapter, unless he personally per- 
forms the duties required bylaw; nor sliall excuses granted for absence 
from or non-performance of military duty entitle the person excused to 
receive such compensation. 

Sect. 142. The adjutant-gener.al shall present his account for ex- 
penses incurred in the performance of his duty as inspector-general to 
the auditor of accounts for allowance. 

Sect. 143. Each officer and soldier appearing at an elementary drill 
sh.all receive for his necessary travel to and from the place of drill five 
cents a mile not exceeding forty miles in all. The travel of every such 
jjerson shall annually on or before the first day of October, be certified 
and returned to the adjutant-general by the cominauder of his regi- 
ment, battalion, or detached company ; and the sums due members of 
companies therefor shall be comjiuted by the adjutant-general on such 
return.-:, and be transmitted, paid, remitted, and reimbursed, as provided 
in section one hundred and thirty-nine. The sums due other officers 
shall be made up according to such returns, and paid as provided in 
section one hundred and thirty-seven. 

Sect. 144. When a detachment is ordered on speci.al duty, by the 
commander-in-chief, or under section one hundred and thirty-four, each 
member shall receive two dollars a day while in the performance of such 
duty, and four cents a mile for travel. 

Sect. 145. Officers obliged to go out of the city or town of their 
residence to attend a military election, shall be allowed five cents a 
mile, each way, for travel. 

Sect. 14G. Officers composing courts martial, courts of inquiry, and 
military boards, and witnesses attending before them, shall receive five 
cents for every mile they necessarily travel, in going to and returning 
from the place of trial, and the following sums for each day of attend- 
ance : — 

The president of a court martial, court of inquiry, or military board, 
three dollars. 

The judge-advocate of the same, four dollars ; which shall be in full 
compensation, also, for all services of preparing papers before, and 
making co]iies after, any trial, inquiry, or investigation. 

The marshal and other members of such court or board, two dollars. 

Each witness attending on such court, or board, one dollar and 
twenty-five cents. 

Fees for subpcenas, and service of them, shall be the same as in civil 
cases. 

No allowance shall be made for pay or rations for a military guard, 
unless such guard is ordeixnl by the officer ajipointing the court ; nor 
shall the above compensation be made to officers in actual service and 
receiving pay. 

Sect. 147. If an officer or soldier is wounded, or otherwise disabled, 
or is killed, or dies of wounds received, while doing military duty, he, 



Chap. 13.] militia — excuses, fines. 113 

his widow, or children, shall receive from the general court just and K. s. la, § lae. 
reasonable relief. 

Sect. 148. The militia, while in actual service, shall receive the same Pay of troopn in 
pay and rations as the regular troops of the United States ; and the see'§in7™' 
rations shall be valued at twenty cents each. 

Every non-commissioned officer and private who provides himself to those who 
with a uniform and blanket when called into service, shall receive, {'o™j!ig''&"^' 
monthly, in addition to his stated pay, as follows : every sergeant and 
musician, lour dollars ; every corporal and private, three dollars and 
seventy-live cents; and if he does not so provide himseU", he shall be to those with- 
allowed, monthly, two dollars and tffty cents. . out u orms. 

When the militia are discharged from actual service, they shall be when dis- 
allowed jiay and rations to their respective homes, at the rate of fifteen R.'sf 5^,' f J27. 
miles a day. 

Sect. 149. All military accounts, including claims against the state Military ac- 
for money expended in the transmission of military documents to and iirnvMamined, 
from the department of the adiutant-rreneral, unless it is otherwise eiit'fied, and 
specially provided by law, shall annually on or before the fifth day of h. s'. k, § 128. 
January be transmitted to the adjutant-general and examined, and if j^j;!' .^.''^^ ^' 
found correct, certified by him. Tliey shall then, unless it is otherwise KosoUes, 18*5, 
specially provided by law, be presented to the state auditor for allow- see § si. 
ance, and upon such allowance certified by him to the governor, shall 
be paid to the persons to whom they are severally due, or to their 
order, at the treasury of the commonwealth. And no military account 
shall be certified by the adjutant-general, or allowed by the auditor, 
unless presented to the adjutant-general for allowance within the time 
prescribed by law. 

EXCUSES. 

Sect. 150. Excuses for the non-appearance of a soldier shall be made Excuses to be 
to the commanding officer of his company, or the otfieer detailed to SlJiys'^ unless, 
train and discipline the company, under section thirty, within twenty *f; ^ , ^ • 
days after a training or other military duty, from which he has been formed of ex- 
absent ; and on the delinquent's producing satisfactory evidence of his J"'*|*'i2 §§ m 
inabiUty to appear, such officer may excuse him ; but no such officer 'J'-^, 
shall receive an excuse for non-appearance, after the expiration of the 15 pieii.*'ij 7. 
twenty days. No excuse shall avail such soldier, on a prosecution for s^" 5 isi. 
the recovery of a fine or forfeiture, unless proved to have been made to 
such officer before the expiration of the twenty days, unless the delin- 
quent satisfies the court or justice before whom the case is tried, that it 
was not in his power to make such excuse within the time. Such offi- 
cers shall inform their clerks of all excuses allowed for non-appearance. 

Sect. 151. No commanders of companies shall receive excuses for Deficiencies in 
deficiencies of equipment. i?"^^"™'^^. 

Sect. 15'2. When a person is entitled to exemption from military certain eondi- 
duty, upon presenting evidence of the cause of his exemption to his JjoJJ'^n'^'','"?,^ 
commanding officer within or before a certain time as provided in excuses, unless, 
sections ten, eleven, and twelve, and omits so to present such evidence, ^"^g jo § gg 
it shall not avail him by way of excuse upon a prosecution for a par- 11 Mass. 456. 
ticular absence or default, unless he makes his excuse to the com- ' **^' ^'' 
manding officer within twenty days after the training, or satisfies the 
court or justice it was not in his power to make such excuse within the 
time. 

PEOSECTITIOX FOE FINES. 

Sect. 153. Fines and forfeitures incurred by members of volunteer rines of mem- 
companies, under their constitutional .articles of agreement, may be col- teer companies, 
lected by such persons and disposed of in such manner, for the benefit i''^"' 2*0, § ». 
of said companies, as a majority of the members thereof determine. 
10* 15 



114 



MILITIA • 



• FINES. 



[Chap. 13. 



Prosecution for 

iiues. 

K. S. 12,"§ 112. 

I Mass. 44:i. 

4 Mass. 2;j'J, 370, 
558, 8ro. 
6 Mass. JO'i. 

II Mass. 4i«. 
12 Mass. -.in. 

I Pii-k. WJ. 
3 I'i.'k. 2li3. 

5 Tick. ISO. 

II Pick. 355. 
15 Piek. irO. 
Hi Pick. 84. 
lU Pick. 371), 530. 
21 Pick. 330. 

23 Pick. 54, 208. 

24 Pick. ir2. 
1 Met. 14.^. 
Seo§s:i0,!)5, 117. 
Form of iiilbr- 
matiun. 



Sect. 154. The clerk of each company after the expiration of twenty- 
days, ami witliiii forty clays after the clay of parade or election of offi- 
cers, shall in those cases where fines are to be collected upon his com- 
plaint, make and subscribe an information against the oftendinsj soldiers 
who have not been excused by the commander of the comjiany, under 
section one hundred and fifty, or who have not, within the twenty days 
aforesaid, paid to him the forfeitures they have incurred ; wliich" infor- 
mation shall be left with some ju.stice of the jieace, or filed in some 
police court, in the county m which the oflender resides. Such infor- 
mation shall be in substance as follows : — 

To A B, Esq., justice of the peace within and for the county of , or to the 

justice of the police court, within and for 

I, the subscriber, clerk of the company commanded by , do hereby give 

information against the following person [or persons] who, being duly enrolled in 
said company, and being duly notified to meet with said company, on the day 

of , in the year , [for inspection or review, election of officers, special 

duty, or as the case may be,] was guilty of the offences and did incur the forfeitures 
set against his name : 

JVajitrs. 

A B, non-commissioned J 
officer ; C D, private, i 



Summons to be 
issued witlliu 
nine montlis, 
giving: seven 
days' notice. 



Offences. 



Forfeitures, Sums. 



For unnecessarily neglecting to appear > , i- ^ ■. j 
on said day, . . . . . . . .( has forfeited 



EF, 
GH, 

IK, 

LM, 



' has forfeited 



I For being deficient of a 

' on said day, 

' For being on said day guilty of com- "] 

ing on to the parade with his arms i-has forfeited 

>^ loaded, . . J 

' For unnecessarily discharging his mus- ^ 
ket, [rifle, or pistol,] in going to, [or | 
returning from, or on the place of] )-has forfeited 
parade, without the orders of an 

officer, J 

- For leaving his guard, [section, pla- S 

toon, or company,] without the leave Shas forfeited 

of an officer J 

[And in the same manner, substantially, all other offences are to be set forth agains 
offending non-commissioned officers and privates :] 

I, therefore, agreeably to my oath of office, and in compliance with the requisitions 
of the law in this behalf, request you to issue a simimons, directed to the person named 
in the above information, to appear before you, and show cause, if any he has, why it 
should not be adjudged that he pay the forfeiture set against liis name, for the offence 
which he is therein alleged to have committed. 

Dated at , this day of , in the year 

A B, clerk of the company commanded by 

The justice or court shall file the same ; and, upon motion of the 
clerk, shall, within nine months, and not afterwards, issue a summons 
to each person informed against, to be served at least seven days before 
the time .appointed for showing cause. 

The summons, if issued by a justice of the peace, shall be in substance 
as follows : — 



Form of sum- 
mons issued by 
a justice. 



[Seal.] To the sheriff of said 
or either of the constables of the town of 



county, or cither of his deputies, 
, in the county aforesaid, 
greeting : 

In the name of the Commonwealth of Massachusetts, you are hereby required to 
summon C D, of , in the county aforesaid, to appear before me, E F, one 

of the justices of the peace for the county aforesaid, at , in , on 

the day of ■ , at of the clock in the noon, then and 

there to. show cause, if any he has, why judgment should not be rendered, that he 
has forfeited for, [here insert the offence, and the time when and place where 

it was committed.] Hereof fail not, and make due return of this writ and your doings 
thereon, unto myself, on or before the said hour of the day of 

Dated at aforesaid, the day of in the 

year 

E F, Justice of the Peace. 

If issued from a police court, as follows : — 



Chap. 13.] militia — fines. 115 

ss. 

The Commonwealth of Massachusetts. FormofBum- 

[Seal.] To the sheriif of the county of , or either of his deputies, or either ^^.'''' P"""^ 

of the constables of the town of in said county, greeting ; 

We command you to summon C D, of in said county, to appear before our 

justices of our police court, to be holden at , within and for our , on 

, then and there to show cause, if any he has, why judgment should not be 
rendered, that he has forfeited for, [here insert the offence, and the time and 

place wlicre it was committed.] Hereof fail not, and have you there this writ, with 
your doings thereon. 

Witness, W S, Esq., at on the day of in the 

year 

T P, Clerk, 
[or, wifness my hand and seal at on the day of in the 

year of our Lord 

A B, Justice of said Court. 

Wlien the person summonerl appears, he may plead that he is not Defendant may 
guilty, anil tjive any spec-ial matter in evidence. plead not guii- 

Upon the trial of such complaint, made by the clerk of a com- what shall be 
pany, it shall be sufficient for the conqilainant to prove that he is com'nWuant to 
clerk of the company ; for which pur])ose he shall produce his warrant prove, 
as a non-commissioned officer, and prove the signature thereto of the 
colonel or commanding officer of the regiment or battalion, and that at 
the time of signing such warrant he was reputed to be and acted as 
such colonel or commanding officer ; which shall be prima facie evi- 
dence that such complainant was appointed a non-commissioned officer 
by the captain or commanding officer of such company, and that a legal 
return of such a])]iointmeut was made to the colonel or commanding 
officer of the regiment. 

He shall then show, upon the back of his warrant, a legal certificate Complainant to 
of his ap])i)intinent as clerk, and qualification as such by taking the of°„ppointm™t 
oaths required Ijy law. For which jmrpose he shall prove the signature and quaiiiica- 
of the captain or commanding officer of such company, and that he is s'pick. 239. 
such captain or commanding officer, by producing his commission as je''p''?^'*i|i 
such ; i)iit if the clerk is appointed clerk pro tempore, his appointment 
may be jiroveil by the records of the company. 

He shall then produce the roll of the conijiany, and prove that the to produce 
defen lant resideil within the limits of the company and was enrolled or cnii'stnunt^™^* 
enlisted therein at the time he was notified of such meeting. 

He shall then produce the order of the commanding officer of such toproduceor- 
com])any to notify the said meeting or meetings thereof, and prove his meeting?'' ^ 
signature thereto, and that the defendant was legally notified of the 
time and jilaee of such meeting or meetings. 

If it is required by law that the order for such military duty shaU in to prove order 
such case be given by any officer superior to the commanding officer of J^''™/!??pJJ'j','y 
a company, then the orders of such superior officer, and all intermediate superior officer, 
orders of officers transmitting the same to the commanding officer of 
the company shall be proved, and that the persons purporting by said 
orders to be such officers, are such ; for ^^■]lich jiurjiose, it shall be suffi- 
cient to produce the transmitted written or printed copies of such orders, 
and the regimental, battalion, or other last order, transmitting the same 
to the commanding officer of the company ; to jirove the signature of 
the proper officer to such regimental, battalion, or other last order, 
transmitting the same ; and to prove that all the officers above men- 
tioned are reimted to be such officers and act as such. 

The absence or ofl:enceof the defendant shall then be proved, to show offence to be 
that he is liable to the fine alleged to be incurred by him; and, in case p''"""'- 
of absence, the burden of proof shall be upon him to show that his ab- Burden of 
senee was necessary. The evidence above described shall be taken to p™"''- 
be prima facie sufficient to support the comjilaint. 

When it appears that a document or paper above mentioned can- Secondary evi- 



116 MILITIA — FINES. [ChAP. 13. 

dence, when re- not he produced, satisfactory secondary evidence thereof shall be re- 
'"''"^- ceived. 

Clerk, Ac, may Upon the hearing of such case the testimony of the clerk, or other 
4 PiclT'sir person who was ordered to notify the whole or part of the company, 
15 rick. i;6. shall be prima facie evidence of notice to the defendant and that he 

neglected to appear. 
Exemptions for The certificate of the surgeon of the regiment that the defendant 
proved^' ^'"''' was unable to peifonu military duty at the time of his absence, shall be 
Certificate of jtjr/wia facic evidence that he ought to be excused for a particular ab- 
ment^evideuce^ sencc, if the ])rovisions of section one hundred and fifty have been 
comjilied with ; but any permanent disability which renders the enrol- 
ment of the defendant illegal, or such temporary excuse, may be proved 
by parol. 
Commanding The commanding officer of a company maybe a witness to prove any 

offlcer^maybe f^^t whatever. 

Execution, If tijg defendant makes default, or judgment is rendered against 

w en issue . j^.^^ ^^^ j^^ neglects for two days after to satisfy the same, with legal 

costs, execution shall be issued therefor; which execution, issued by a 

justice of the peace, shall be in substance as follows, but if by a police 

court, shall be so altered as to conform to the summons : — 

Form of execu- ss. 

tion- The Commonwealth of Massachusetts. 

[Seal.] To the sheriff of said county, or either of his deputies, or cither of the con- 
stables of the town of in the same county, greeting : 

Whereas E L, clerk of the company commanded by in said county, on 

the day of , before J D, Esq., one of our justices of the peace for ouf 

county aforesaid, recovered judgment against T P, of , for the sum of 

fine or forfeiture, and costs of prosecution, as to us appears 

of record, whereof execution remains to be done : We command you, therefore, that 
of the money of the said T P, or of his goods or chattels, within your precinct, at the 
value thereof in money, you cause to be levied, paid and satisfied, unto the said E L, 
the aforesaid sums, being in the whole ; and also, out of the money, goods 

and chattels of the said T P, you levy twenty-five cents more for this writ, together 
•with vour own fees ; and for want of such money, goods, or chattels of said T P, to 
be by him shown unto you, or found within your precinct, to the acceptance of the 
said E L, for the aforesaid sums, we command you to take the body of the said T P, 
and him commit unto our jail in I!, and we command the keeper thereof accordingly 
to receive the said T P into our said jail, and him safely keep, until he pay the full 
sums above mentioned, with your fees, or that he be discharged by the said E L, or 
otherwise, by order of law. Hereof fail not, and make return of your doings therein 
unto our said justice, within twenty days next coming. 

Witness our said justice at B, the day of in the year one 

thousand 

J D, Justice of the Peace. 

Amendments. The complaint or summons may be amended in any stage of the pro- 
Whon cSm-'"' cccdings witliout payment of costs ; and the defendant shall be allowed 
piainant is not an adjournment Or continuance of the case, if justice requires it. The 
liable for costs. ^^^^^ ^j^^jj ^^^^ j,p YvaUq to pay costs to a defendant in a case in which 
the commanding officer of his company has certified, upon the informa- 
AppealB not ai- tion of the clerk, his approval of the same. And no ai)}}eal shall be 
in'S:^,' ^,''-,f ?'m allowed from any such judgment, unless. the forfeiture adjudged exceeds 

ten dollars exclusive ot costs. 
Complaints by A complaint by any other officer shall be prosecuted in the like man- 
howVrosT' Jier so far as the same is a]ii)licable thereto, the forms being varied 
cuted. accordingly ; and he shall prove his authority by producing his com- 

K. s. 12, § 112. jjjjggjQj^ j^jj^i other competent evidence which may be necessary. 
Imprisonment Sect. Ibb. No pcrsou shall be imprisoned upon an execution issued 
ii" sfiS'i's ni upon ^ complaint and judgment described in the preceding section, for 
a longer time than six days ; but shall at the expiration of that time be 
discharged by the keeper of the jail to which lie is committed. The 
judgment debtor shall remain liable for the amount of the judgment and 
the costs of imprisonment ; and execution for the whole of the same 
may be sued out against the property of such debtor. ■ 



Chap. 13.] jiilitu — courts martial. 117 

Sect. 156. The clerk of each company shall retain to his own use Money collect 
one-liulf tlie forfeitures so eollecteJ, and, ujion demand, pay the other howdispos'cd 
half to the commander, who shall ijive his receiiit therefor, and expend o'- 

• • Its !'■* 5 114 

the same m defrayuig such expenses of the company as a majority of ' " " 
the commissioned officers thereof judge necessary. 

COURTS MARTIAL. 

Sect. 157. All complaints upon which courts martial are ordered, Complaints on 
shall be in writing and signed by the- com|)lainant, and shall clearly mlirtlai'are'or- 
speeify the oifence, and the time when and the jilaee where it was com- d<!red._ 
mitted. Xo officer shall be tried by court martial for an offence committed Trial must be 
more tliaii one year before the comijlaint, unless his absence or other y;'""?" >'<^'"'- 

.... I." , 1^ ,. ... , . liy wliom 

manliest impediment has preventetl a complaint within that time ; nor charges to be 
on a charge ])referred by a soldier, unless for an oflence committed i/''s''"r'5 ns 
while in the actual service of the state or of the United States, nor i!-«, 3(i?', § r. 
unless such charge is preferred before such soldier has left the service. see§'1ra.^' 

Sect. 158. Every officer to be tried by court martial shall be put Kespondentto 
under arrest. The judge-advocate shall deliver to tlie accused a copy of copy of 
the charges against him, and a notice of tlie time and place of trial, ten be delivered'' *° 
days at least before the day of trial ; and if he objects and the court is sat- Court may ad- 
isfied that he has not received the same, they shall adjoum, so as to allow kI's^'is, § no. 
the time required to elapse, after the delivery of the notice and copies. ^<^^ § i'^- 

Sect. 159. Courts martial shall consist of a president, judge-advo- Courts martial, 
cate, not more than four nor less than three members, present at tlie o'^^^L"™ to con- 
org.anization of the court, and a marshal ; and shall be holden between "iienheid. 
the first diiy of December and the last day of May, in the dajtime. see^^i""^'.*™ 
There shall be only one general and one division court martial, in one 
division, in one year. 

General courts martial shall be appointed for the trial of all officers general, by 
above the rank of captain, by the orders of the commander-iii-cliief issued "d'and'to'try* 
to the divisions which in his opinion can most conveniently furnish "I'om. 
members for the same; and he shall aii))oiiit a ])resident, not below the 
rank of brigadier-general, and a marshal of said court. 

Division courts martial shall be appointed for the trial of officers of division, by 
and under the rank of captain, by the orders of eacli commanding offi- ed!and7y't"ry* 
c.er of a division, in his own division, issued to the brigades, regiments, «bom. 
battalions, and companies which, in his o]]inion, can most conveniently 
furnish members for the same ; and he shall appoint a president, of the 
rank of colonel or lieutenant-colonel, and a marshal. 

Officers shall be detailed to sit upon courts martial, in manner follow- members of, 
ing: major-generals, by the commander-in-chief, from the general ^"uomdctaiicd. 
roster ; brigadier-generals and officers of any divisionary corps, by the 
commanding officers of divisions, from the division roster ; colonels, 
lieutenant-colonels, and majors, and officers of any company attached to 
a brigade, by the commanding officers of brigades, from the brigade ros- 
ter; captains and subalterns, by the commanding officers of regiments, 
battalions, and other separate coi'ps. And when it a]ipear^ that an Provision in 
officer detailed or to be detailed is or will be, for some sufficient cause, SiKcf is un-"^ 
imable to serve on a court martial, the officer detailing liiin, liaving sat- ^bie to serve. 
isfactory evidence thereof, shall certify such inability to the officer 
ordering the court martial, and shall at the same time detail the officer j,-,, (,„g j,„_p. 
next in rotation on the roster. No senior officer, or suj)erior in rank to rioriu rank to 
the president, shall be detailed. The officers ordered to detail meniliers to'be'cietai'ied'. 
shall make returns forthwith to the officer aiipointing the court, wlio <>fflecrs ordered 

111 ., ,.11 ^ ^ to detail, to 

•snail transmit the same to the judge-advocate. m.ake return. 

The ju<lge-advocate of each division shall, when ordered, attend .ludg-i^advoeate 
general ami division courts martial within his division ; but when he is '°^""™'?,■„able 
prevented by inability or legal impediment, the officer ordering the to attend. 



118 



MIUTIA- 



-COURTS MARTIAL. 



[Chap. 13. 



If president 
does not jittcnd. 

If sufficient 
number of 
niombers do not 
:meud, or are 
not qmtlilied. 



If judge-advo- 
cate or marbu:U 
is absent. 
Person acting 
as jndge-.i'lvo- 
e iTc to continue 
duriug trial. 



OflBcers* rank. 
See § 37. 
Court may ad- 
journ, when. 
K. S. 12, § il7. 
Members to be 
sworn. 
See § 172. 



Oath of presi- 
dent and mem- 
bers. 



Oatli of judge- 
advocate. 



Challenm!s, 
how and when 
made, and by 
whom tried. 



Certain causes 
of challoni,'-!-, 
wlien waived. 
22 Pick. 501. 



If accused is 
absent, or with- 
draws. 



Witnesses sum- 
moned must 
appear. 
Penalty. 



Oath of wit- 
nesses. 



coTirt martial shall appoint some person to be jiulgc-aclvocate to the 
s;;iiie. 

If the officer apjiointeil jjresident does not appear at the opening of 
the court, the officer iiighest in rank present shall be president. 

When it is found that by reason of absence, challenge, or other cause, 
the number of members of a general or di\isi()n court martial, (besides 
the president,) qualified to act, is less than three, the court shall adjourn 
for a suitable time ; and the president shall forthwith notify the fact to 
the commanding officer of the division in which such general or division 
court martial is held ; and such commanding officer shall himself detail 
from the dixision a number of officers of the same rank as those befoi'e 
detailed, sufficient to complete the court. 

If no judge-advocate or marshal attends at the opening of the court, 
the president shall ajipoint a judge-advocate or marshal, whieli ajipoint- 
ment shall be entercil on the record and signed by him. Tlie judge- 
advocate acting at the commencement of a trial, shall serve during the 
trial, notwithstanding the attendance or appointment of any other per- 
son afterwards. 

Officere on a court martial shall rank by seniority of commission. 

The court may adjourn, when necessary, before a judge-advocate 
appears and before they are qualified. 

Sect. 160. Before a court martial proceeds to the trial of an officer, 
the judge-advocate shall administer to the president and membei-s, sev- 
erally, the following oath : — 

You, A B, do swear, that witlicmt pai-tiality, favor, fear, prejudice, or hope of 
reward, you will well aud truly try the cause now before you, between the comnion- 
"v\-ealth and the person [or persons, if more than one is accused, in the same complaint,] 
to be tried ; and that you will not divulge the sentence of this court martial, until it 
shall be approved or disapproved of, and that you will not discover the vote or opin- 
ion of a member, unless required to give evidence thereof, as a witness, in due course 
of law : So help you, God. 

And the president shaU administer to the judge-advocate the follow- 
ing oath : — 

You, A B, do swear, that you will faithfully and impartially discharge your duties 
as judge-advocate on this occasion, as well to the commonwealth as to the accused; 
aud that you will not on any account at any time divulge the vote or opinion of any 
member of this court martial, unless required to give evidence thereof, as a witness, in 
due course of law : So help you, God. 

No member shall be challenged by the government or the accused, 
until the president, members, an<l judge-ailvocate, are sworn. Only one 
member shall be challenged at a time, and the challenge shall be in 
writing, stating the cause of it. The person challenged shall not vote, 
but the president and other members shall try whether the challenge is 
good. 

Illegality or irregularity in the detail of a member of the court, shall 
be good cause of challenge by either party ; b.ut shall be considered as 
w.aived, unless the objection is taken at the time and in the manner 
aforesaid. 

If the accused neglects to appear and defend, or refuses to plead, or 
withdraws in contempt of the court, the court may proceed to trial 
and judgment, as if he had pleaded not guilty. 

Persons summoned by the judge-advocate or a justice of the peace, 
shall appear and give evidence before a court martial, (but the defend- 
ant's witnesses shall have their fees first tendered to them.) and the 
penalties for neglect to appear shall be the same, and the judge-advocate 
may issue a capias, in like manner as in eriminal prosecutinns. 

Before the witnesses testify, they shall be sworn by the judge-advo- 
cate in the following form : — 

Y'ou, A B, do swear, [or affirm,] that the evidence you shall give, in the cause now 
in hearing, shall be the truth, the whole truth, and nothing but the truth : So help 
you, God, [or, This you do under the pains and penalties of perjury, in case the wit- 
ness aUirms.J 



Chap. 13.] militia — courts martial. 1]9 

When the adjutant-general is complainant for neglect or defoult in Evidence of de- 
makinsi returns, he shall not be required to be jjresent, and his certiti- fiii* >" returus. 
cate shall be sufficient prima facie e\idence that the return vas or was 
not made, and that a cc)])y of a return is true. 

Judge-advocates shall be the certifjing officers, to authenticate copies Copies of docu- 
of papei-s and documents used before courts martial, courts of inquii y, ^'tuenttcated'." 
or boards of officers, except papers or documents from the adjutant- 
general's office, which shall be certified by liim ; but copies may be 
proved as in other courts. 

The statement of the complainant and the defence of the accused, Ail proceedings 
and motions, arguments, and objections to the jiroceediugs by either b.ylii''™^^!; *° 
]iarty, and the answers thereto, shall be submitted to the court in 
writing; the evidence and proceedings in and out of the court, and 
opinions of the judge-advocate on questions of law arising during 
the trial, shall be put in writing by him. After the ]iroseeution and 
defence are concluded, he shall state and sum up the evidence, ami give 
his oj)inion to the court upon matters of law; which opinion, with the 
judgment, he shall put in writiug. 

When a question is to be decided, the judge-advocate shall receive votes, how 
the vote of each member, beginning with tlie youngest and proceeding {hMs^n^qiured 
to the eldest. The president shall not vote; and unless two-tliirds of to convict. 
the members agree that the accused is guilty, he shall be acquitted. If 
two-thirds of the members find him to be guilty, he shall be sentenced Sentence. 
to be reprimanded in orders, or to forfeit a sum not exceeding two 
hundred dollars, or to be dismissed from office, — either or all of them ; 
and in the last case, he may be further adjuilged to be disqualified from 
holding any military office during life or a term of yeare. 

Courts martial may preserve order during their session; and whoever, Courts martial 
in such court, behaves in a disorderly or insulting manner, or makes a prcserve'ordcr. 
tumult or disturbance, may be arrested by order of the court, and con- 
fined not exceeding twenty-four hours, and fined not exceeding five 
dollars, — either or both. If the fine is not paid, the judge-advocate 
shall issue a mittimus, forthwith to commit such person to prison in the 
same manner and with the same cflect as u]ion executions from justices 
of the peace in cases of prosecutions for non-payment of other military 
fines and costs. 

The record of the trial an^l judgment, with the papere used therein. Records, how 
or copies thereof, certified by the judge-advocate, shall be authenticated alld'SusS 
by his certificate and signature, and sealed up and transmitted by him t<?(i- 
to the officer who ordered the eoui*t, who shall annex thereto his -Approval or 
approval or disapproval of the same, and the reasons thereof in writing, sentence.* 
and transmit the same as soon as may be to the office of the adjutant- 
general, to be kept and preserved. 

The judge-advocate shall also make, certify, and transmit the pay roU Pay roll. 
of the court martial to the same office. 

The officer ordering the court, and the party tried thereat, shall Copies to be 
receive, upon request, from the adjutant-general, a copy of the record ; """^ '^ ' 
the party tried paying a reasonable sum for liis copy. 

The judgment of disqualification may, after a]i])roval, be reversed in judgment of 
whole or in part, by the commander-in-chief with the advice of the coun- m!iy"bi'rei"'"° 
cil ; but all other parts of the sentence, when approved, shall remain in versed. 
full force. _ K.s.i2,§n8. 

Sect. 161. Every commissioned officer may be tried by a court mar- what offences 
tial for the following oSences : - f^nV^^^^^ 

For unmilitary or unofficer-like conduct when on duty; k. s. 12, §119. 

For neglect of any duty required in this chapter; 

For disobedience of orders, or an act contrary to the provisions of this 
chapter ; 

For oppression or injury of any under his command ; 



120 MILITIA BOARDS OF OFFICERS. [ChAP. 13. 

What offences For a combination or attempt to break, resist, or evarle, the laws, or 

may be tried by i i. i i • , i • • , i 

court martial, lawtul orders given to a person, or advising any person so to do; 
For insult to a superior officer in the exercise of his office; 
For presuming to exercise his command while under arrest, in which 
• case, if guilty, he shall be removed from office ; 

For neglect or refusal, when commanding officer, to order out the 
troops under his command, when required by law or ordered by hit; 
superior officer; 

For excusing, as commanding officer of a company, any person imder 
his command, for deficiency or unnecessary absence, or after (he expu-a- 
tion of the time allowed by law ; 

For neglect or refusal to make a draft or detachment, when legally 
ordered to do so ; 

For neglect or refusal to cause prosecutions to be commenced for 
fines, when it is necessary ; 

For parading the troops under his command on days of election, con- 
trary to the provisions of section one hundred and nine ; 

For receiving any fee or gratuity, as surgeon or surgeon's mate, for a 
certificate of inability to do military duty ; 

For neglect, when detailed to train and discipline a company, [or] to 
make complaint for neglect or violation of duty, as provided by law, or 
for any other neglect lor which a commanding officer of the company 
would be liable ; 

For neglect or refusal to march, to make a draft, or for disobedience 
to an order, in case of rebellion or insurrection, as provi<led in sections 
one hundred and twenty-nine to one hundred and thirty-two, inclusive, 
in which case the offender shall be cashiered ; 

For refusal or neglect to obey a precept or order to call out the 
militia, or an order issued in obedience thereto, in ease of tumult, riot, 
or other cause, as provided in sections one hundred and thirty-four to 
one hundred and thirty-six, inclusive, or for advising any officer [o/"] 
[or] soldier to do the like ; in which cases, the offender shall be cash- 
iered, besides being subject to fine and imprisonment, as provided in 
section one humlred and thirty-five. 
Fines imposed Sect. 162. Any fine not exceeding two hundred dollars may be 
tifiiniowproa- inflicted on any officer, by sentence of a gener.al or division court mar- 
ecuted. tial, as a part of, or the whole of, such sentence ; and such fines shall be 

ju°ige-a7ivoe:ite, prosecuted by the judge -.advocate, or person a])pointed to act as such at 
jj" g P.li'^j, jQ, the court martial, in .an action of tort, to the use of the commonwealth; 
110.' "' ' and if .any judgment for costs is rendered against any judge-advocate in 
See'll'iro irs. ^""'^ case, the officer to whom the execution upon such juilgment is 
delivered, shall demanil jiayment of the execution of the treasurer of the 
county in which such judgment is rendered, and the said treasurer shall 
pay the s,ame, .and it shall be allowed to said county, iu the settlement 
of said treasurer's account with the commonwealth. 

BOARDS OF OFFICERS. 

Boards of of- Sect. 163. The commander-in-chief, when in his opinion it is neces- 

miiitary qu'c's^ ^'I'Ti '^^7 Call boards of officers for settling military questions, or for 
tions. _ ^ other purposes relative to good order and discipline. 

See § ITi. 

GENEEAL AND DIVISION COURTS OF INQUIRY. 

Courts of inqui- Sect. 164. General and division courts of inquiry shall consist of 

dere!" Ac.*^ three officers and the judge-advocate of the division in which they are 

U.S. 12, §121. held; and they may be ordered and organized in the like manner as 

"^ '" courts martial, and, under the same regulations, may examine into the 

nature of a transaction, imputation, or accusation, made against any 

officer by an inferior. 



Chap. 13.] militia — courts of inquirt. 121 

Vacancies shall be filled as in courts martial. Vacancies. 

The judge-advocate shall administer to each of the officers composing 
a court of inquu-y, the follouiiig oath : — 

You, A B, do swear that you will well and truly examine and inquire into the Oath of prosi- 
matter now before you, without fear, favor, partiality, prejudice, or hope of reward : 'l'"' aud mcm- 
So help you, God. '"^■"• 

After which, the president shall administer to the judge-advocate the 
following oath : — 

You, A B, do swear that you will impartially record the proceedings of the court, Oath ofjudge- 
and the evidence to be given in the case now in hearing : So help you, God. advocate. 

Witnesses shall be summoned in the same manner, take the same witnesses, 
oath, .and be examined and cross-examined by the parties in the same 
way, as on trials before courts martial ; but the court shall not give their 
opinions on the merits of the case, unless specially required so to do. 

Judge-advocatos shall attend courts of inquiry in their division, in the judo-c-advocate 
same manner as they attend courts martial ; and special judge-advocates of 'iinu^y""^^ 
for the court shall be appointed, in the same manner in like eases. The 
proceedings therein shall be recorded, and, with the pa])ers and docu- 
ments used therein, authenticated and transmitted, by the judge-advo- 
cate, to the officer who ordered the court, in like manner as in courts 
martial. 

Sect. 165. No officer appointing a court martial, court of inquiry, or no guard, un- 
board of officers, shall order a guard for the same, unless in his opinion J^i^^ 
it is necessary for their protection. See § ira. 

KULES AND ARTICLES FOR GOVERNIXG THE MILITIA IX ACTTJAX SERVICE. 

Sect. 1G6. The following rules and articles are cstabUshed and who shall be 
declared to be in force, for governing the troops and militia of this com- ^J^™ '" '"^ **"'' 
mouwealth in actual service, in field, camp, or garrison. Sutlers and U- s. 12, § 137. 
retainers to an army, drivers, conductors, and all persons receiving pay 
or hire for services in or with the troops or militia in actual service in 
the field, camp, or garrison, shall be taken to be soldiers, and governed 
by these rules and articles. 

Sect. 167. The offenders described in this section shall sufler death, offences pun- 
or such punishment as m.ay be inflicted upon them by sentence of a ^'otherwise*'' 
court martial, according to the nature of the oflence : — 

Art. i. An officer or soldier who begins, excites, causes, or joins in sedition 
any meeting or sedition in a compan}', regiment, party, post, detach- 
ment, guard, or body of soldiers, in the service of the commonwealth. 

Art. n. An officer or soldier who, being present at or knowing of Not suppross- 
such meeting or sedition, does not use his utmost endeavors to sujj[)ress {"of. ^'jy|[,'°°;,_ 
the same, or knowing of such intended meeting or sedition, does not forniatiouofit. 
give information thereof to his commanding officer. 

Art. iii. An officer or soldier who deserts. Desertion 

Art. iv. An officer or soldier who advises another officer or soldier Advising deser- 
to desert. ♦'""• 

Art. V. An officer or soldier who misbehaves himself before an Misbehaving 
enemy, runs away, or shamefully abandons a fort, post, or guard, or Ijj''"'^'^'^ "''^" 
spe.aks or does any thing to induce others to do the like at such time. 

Art. vi. An officer or soldier who abandons his jjost or colors, to Abandoning 
plunder. po^*' *<=• 

Art. vii. An officer or soldier who makes known the watchword to Making; known 
a person not entitled, according to the rules and discipline of war, to ^''„[^}f4'ord° 
receive it ; or who gives a parol or watchword different fi'om what he 
has received. 

Art. viii. An officer or soldier who forces a safeojuard. ]f"'^I;'i''° ^'^"'' 

Art. IX. An officer or soldier who knowingly harbors or protects an Harboring or 
enemv, or relieves them with money, victuals, arms, or ammunition. re R\mganea. 
" 11 16 



122 



MILITIA — ARTICLES OF WAR. 



[Chap. 13. 



Corresponding 
with an enemy. 

Compelling 
commander to 
surrender. 
Sentence of 
deatli. 

R. S. 12, § 138. 
Offences pun- 
ished by cash- 
ierinjjf, &c. 
Usinof traitor- 
ous, &c., words. 



Neglecting to 
march, &c. 



Disobedience of 
orders, &c. 



Provocation to 
flght a duel. 

Giving or ac- 
cepting chal- 
lenge. 



Upbraiding, &c. 



Suffering per- 
son to pass 
guard to fight 
duel, or not ar- 
resting such 
person. 



Drunkenness 
on duty. 
Esciping from 
arrest. 



Behaving scan- 
dalously. 

Embezzling or 

committing 

fraud. 



Selling or wast- 
ing stores, .tc. 



Not delivering 
offender to 
civil authority. 
E. S. 12, § i:w. 

Offences pun- 
ished at dis- 
cretion of court 
martial. 

Preceding of- 
fences by sol- 
diers. 

Disrespect to 
commanding of- 
ficer. 

DiBobedionce. 



Violence to an 
offiew. 



Art. X. An officer or soldier who, directly or indirectly, holds cor- 
respondence with, or gives intelligence to, the enemy. 

Art. xi. Any officers or soldiers who compel the commander of any 
garrison, post, fortress, or guard, to surrender or abandon it. 

Art. xii. No person shall be sentenced to death except by a general 
court martial, and in cases expressly mentioned in the foregoing articles. 

Sect. 168. The offiinders described in this section shall be cashiered, 
in addition to any other punishment which maybe lawfully inflicted : — 

Art. xiii. An officer who uses traitorous or contemptuous words 
against the authority and government of the United States, or the 
authority, government, or legislature, of the commonwealth. 

A7-t. xiv. An officer who refuses or neglects to march to the place of 
rendezvous, to make a dr.aft, or to obey a lawful order, in case of war, 
invasion, or insurrection, as provided in sections one hundred and 
twenty-nine to one hundred and thirty-two, inclusive. 

Art. XV. An officer who refuses or neglects to obey a precept or order 
to call out the militia, or an order issued in obedience to such order, 
contrary to the provisions of sections one hundred and thirty-four to 
one hundred and thirty-six, inclusive, or shall advise or persuade any 
other officer or soldier to do the like. 

Art. xvi. An officer who uses any reproach or provocation to another, 
in speech, gesture, or writing, to induce him to fight a duel. 

Art. xvii. An officer who gives or sends a challenge to an officer or 
soldier to fight a duel, or accepts such challenge when sent to himself, 
or who is second in a duel, or promoter or carrier of a challenge. 

Art. xviii. An officer who upbraids another for not sending, or for 
refusing a challenge. 

Art. xix. An officer commanding a guard, who knowingly and will- 
ingly suffers a person to pass the same in order to fight a duel, or an 
officer knowing or believing, or h.aving reason to believe, a challenge to 
be given or accepted, carried, or promoted, by an officer or soldier under 
his command, who does not immediately arrest and bring him for trial. 

Art. XX. An officer found drunk on his guard or other duty. 

Art. xxi. An officer under arrest, who leaves his confinement before 
he is set at liberty by his commanding or other superior officer, or the 
officer who confined him. 

A7-t. xxii. An officer convicted of behaving in a scandalous or infa- 
mous manner. 

A?-t. xxiii. An officer, store-keeper, or commissary, embezzling or 
committing a fraud concerning any property of the commonwealth, or 
of an officer or soldier, besides being criminally liable for the same. 

Art. xxiv. An officer selling, or designedly or through neglect wast- 
ing the ammunition, military stores, implements, or other property, of 
the commonwealth, in his care or possession. 

Art. XXV. An officer who refuses to dehver over any other officer or 
soldier to the civil authority, or who shelters or conceals any witnesses, 
contrary to the provisions of section one hundred and seventy-one. 

Sect. 169. The offenders described in this section shall suffer such 
punishment, according to the nature of the offence, as may be inflicted 
upon them by sentence of a court martial : — 

Art. xxvi. A non-coinmissioned officer or private guilty of the offences 
described in the last section, for which an officer would be cashiered. 

Art. xxvii. An officer or soldier who behaves with disrespect or con- 
tempt towards the commander-in-chief, the commanding officer of the 
troops, or his own commanding officer. 

Art. xxviii. An officer or soldier who disobeys the lawful command 
of his superior officer. 

Art. xxix. An officer or soldier who strikes his superior officer, or 
draws or lifts up any weapon against him, or offers any violence against 
him in the execution of his office. 



Chap. 13.] militia — articles of war. 123 

^r^ XXX. An officer or soldier who refuses to obey, or resists, or Resisting an of- 
draws or lifts a weapon against, or offers violence to,' an inferior or supe- fcmpJs'to queii 
rior officer of any rank attempting to part or quell a quarrel in his own » quarrel. 
or any other eomjiany, regiment, or body of men, or who does not sub- 
mit, when arrested by such officer, in such case, by the authority hereby 
given. 

Art. xxxi. An officer commanding in quarters, garrisons, or on a Not keeping 
march, who does not keep good order, and, to the utmost of his power, ".[^abuseB^pro- 
redress all abuses and disorders committed by those under his command, tectiug citizens. 
or who, upon complaint made to him of any beating, ill treatment, riot, 
or disquieting of any citizens or subjects of the United States, omits to 
use means to punish the oftender or offenders, and cause re]>aratlon to 
be made to the partj' injured, so far as the offiinders' pay will go. 

Art. xxxii. Non-commissioned officers and privates found one mile Being one mile 
from the camp, fort, or post, without leave in writing from the com- '^'"" '^'™''' '^°' 
manding officer. 

^?Y. xxxiii. An officer or soldier who is out of his camp, post, or Being absent 
quarters, without leave fi'om his sujierior officer. without leave. 

Art. xxxiv. A non-commissioned officer or private who docs not Xot retiring to 
retire to his quarters or tent, at the beating of the retreat. quarters. 

Art. XXXV. An officer or soldier who docs not repair at the time Not repairing to 
fixed, to the place of parade or exercise, or other rendezvous apjiointed ies8'''&e""^' "° 
by the commanding officer, unless prevented by sickness or evident 
necessity, or who goes from guard or such place of rendezvous, without 
leave from his commanding officer, before be is regulaiiy dismissed or 
relieved. 

Art. xxxvi. A sentinel who is found sleeping on his post, or who sentinel sleep- 
leaves it before he is regularly relieved. '"=' •''^■ 

Art. xxxvii. An officer or soldier who occasions folse alanns in occasioning 
camp, garrison, or quarters, by discharging firearms, drawing of swords, '"'^'^ alarms, 
beating of drums, or by any other means. 

Art. xxxviii. An officer or soldier who, without urgent necessity or Leaving pia- 
leave of his superior officer, leaves his platoon, division, or guard. toon, &c. 

Art. xxxix. An officer or soldier who does violence, or ofters any violence to per- 
insult or abuse, to a person who brings provisions or other necessaries p°ovisi"nf!°° 
to the camp, garrison, or quarters. 

Art. xl. A person who uses menacing words, signs, or gestures, in Disturbing 
presence of a court martial then sitting, or causes any disorder or riot '^""■■''' """"'ml. 
to disturb their proceedings. 

Art. xli. An officer or non-commissioned officer commanding a guard Refusing to re- 
or provost marshal, who refuses to receive a ])risoner committed to his <:"™ I'^soi^r. 
charge by an officer of the forces of this commonwealth, when a written 
statement of the charge, signed by such officer, is delivered to him. 

Art. xlii. An officer or soldier releasing a prisoner without iiroper Releasing pris- 
authority, or suffering him to escape. 

Art. xliii. Every officer or provost marshal to whom prisoners are Not reporting 
committed, who does not within twenty-four hours after, or as soon as P"^""*"'*- 
he is released from his guard, notify to his and to their commanding 
officers, their names and crimes, and the names of the officers who com- 
mitted them. 

Art. xliv. Offenders guilty of crimes not cajiital, and of disorders Crimes not cap- 
and neglects which officers and soldiers may be guilty of to the ])rejudice "iiicd" ''°"*P''" 
of good order and military discipline, though not mentioned in the fore- 
going articles. 

Art. xlv. Officers who unnecessarily absent themselves from di\'ine officers .ibsent 
service, or behave indecently or irreverently at any place of worshij), J.™"' 'l"'"" ''"' 
shall, upon judgment of a court martial, be publicly and severely rejjri- R- *• i-', § ho. 
manded by the president. 

Sect. 170. Officers and soldiers shall be subject to the following fines: Fines. 



124 



MILITIA — ARTICLES OF WAR. 



[Chap. 13. 



Soldiers ab- 
sent, .tc., dur- 
ing diviue ser- 
vice. 



Profanity by of- 
ficers. 

Profanity by 
soldiers 

Fines by court 
martial. 



Fines stopped 
out of pay. 
R. S. 12, § HI. 



General rules. 



Officer wronged 
by colonel. 



Officer or sol- 
dier wronged by 
captain. 



Public stores 
secured. 

Oldest officer to 
coium.and, with- 
out regard to 
corps. 
See § 37. 

Offenders 
against citizens 
to be delivered 
to civil authori- 
ties. 



Property of de- 
ceased soldiers 
secured. 



Pay and ra- 
tions. 
E. S. 12, § 142. 



Ai-t. xlvi. A nop-commissionecl officer or private, ab.senting liimself 
from, or behavint; iinleeently and irreverently at, divine worsliip, not 
exceeding one dollar, and for each oifence after the first to be confined 
twenty-four liouns in addition thereto. 

Art. xlvii. An officer guilty of proltme cursing and swearing, for 
each otfcnce, two dollars. 

A)-t. xlviii. A non-commissioned officer or private guilty of profone 
cnrsing and swearing, for each oftence, not exceeding one dollar. 

Art. xlix. A fine, not exceeding two hundred dollars, may be inflicted 
by a court martial, as a part or the whole of the sentence ; and so much 
of the same as cannot be stopped out of the pay of the offender, shall 
be recovered as provided in section one hundred and sixty-two. 

Art. 1. All fines may be stopped out of the pay of the offender; and 
the field officers of every regiment may ajjpoint some suitable person, in 
the regiment, to receive all fines incurred for any breach of these articles, 
and may direct the same to be properly applied to the relief of the sick, 
wounded, or needy soldiers of such regiment ; and the receiver shall 
account to such officers for all sums .so received. 

Sect. 171. The follo\\'ing rules shall also be observed in actual ser- 
vice : — 

Art. li. If an officer thinks himself wronged by his colonel, or the 
comman<ling officer of his regiment or battalion, and is, upon due a])pli- 
cation made to him, refused redress, he may complain to the commander- 
in-chiet| or commander of the forces in service, who shall examine the 
case and see that justice is done. 

Art. \u. If an inferior officer or soldier thinks himself wronged by 
his captain, or the commanding officer of his company, he may com])lain 
to the commanding officer of his regiment or battalion, who shall con- 
vene a regimental court martial, for tlie purpose of doing justice to the 
complainant ; from which either party may appeal to a general court 
martial ; but if the a])peal is vexatious, the party appeaUng may be pim- 
ished at the discretion of the court martial. 

Art. liii. Public stores taken from the enemy shall be secured to the 
use of the commonwealth. 

A)-t. liv. When different coi-ps of the same or different arms of foot, 
or horse and foot, join or do duty together upon marches, guards, or in 
quarters, or camp, the oldest officer by commission shall command, with- 
out respect to corps, and give the orders necessary to the service. 

Art. Iv. When an officer or soldier is accused of a capital crime, or 
of h.aving used violence, or committed any offence against the person 
or jiroperty of any citizen or subject of the United States, such as is 
punishable by the known laws of the United States, or of the state 
where it is committed, the commanding officer and the officers of every 
army, detachment, regiment, battalion, or comp.any, to which the accused 
belongs, upon ajiplication duly made by or in behalf of the party injured, 
shall use their utmost enrleavors to deliver over the accused to the civil 
magistrate, .and to aid the officers of justice in apprehending and securing 
the accused to bring him to trial. And if any officer wilfully neglects 
or refuses, upon such ajiplieation, to deliver over the accused, or to aid 
the officers of justice, or detains, shelters, or conceals, any witnesses in 
a case, he sh.all be punished as provided in section one hundred and 
sixty-eight. 

Art. hi. When an officer or soldier dies or is killed in the sen'ice 
of the commonwealth, his commanding officer shall order some suitable 
person to secure all Ids ]u-o])erty and effects, and to take an inventory 
of them in the ])rcsence of two commissioned officers, who shall attest 
the same ; and to preserve said effects and inventory until they are 
demanded by his legal re)>rcsentative. 

Art. Ivii. The pay and rations of troops in actual service shall be 
such as provided by section one hundi-ed and forty-eight. 



Chap. 13.] militia — articles of war. 125 

Sect. 172. Courts m.irtial in actual service shall be ordered and held, Courts martial 
and shall jjroceed, in the same manner as the militia coui-ts martial pro- vlcef&cl ^'^'^" 
vided in sections one hundred and fifty-seven to one liundred and sixty- 
five, inclusive, except so far as the same are repugnant to the follo^ving 
regulations : — 

Art. Iviii. When an officer or soldier commits an offence deserving Arrests, 
punishment, if an officer, he shall be put under arrest and confined to 
his quarters, and his sword shall be taken from him liy the commanding 
officer; and if a non-commi^teied officer or soldier, he shall be impris- 
oned until he can be tried l^re court martial or discharged by proper 
authority. 

Art. lis. No officer or soldier under arrest and imprisoned shall con- imprisonment 
tinue in coufinemcnt more than eight days, or until a court martial can ^^''^^^"'■^■ 
be convenienth' assembled. 

Art. Ix. A general court martial may be ordered by the general com- Gencr,ai nnd di- 
manding any sep.arate army in the field, garrison, or quarters, as well as Jijanffb"^ 
by the commander-in-chief; and a division court martial by a major- whom ordered, 
general, or by a commanding officer of a division, as organized for field 
service. 

^•Irt. Ixi. A general court martial in actual service shall consist of of whom gon- 
not less than thirteen commissioned officers ; and the president shall not ffl* S""!^' """'' 
be the commander-m-chiei, nor the commandmg officer oi the army, sist. 
detachment, or garrison, where the offender is tried, nor under the rank 
of a field officer. 

Art. Ixii. Division courts martial shall consist of not less than nine, Birisioo and re- 
and regimental courts martial, of not less than five officers, when that m^™ia^ courts 
numl)er can be conveniently assembled, nor less than three in any case. 

Art. Ixiii. Regimental courts martial shall not have the power to try power of regi- 
conuuissioned officers, but they shall be tried by general or division mental- 
courts martial, according to their rank ; nor shall they inflict any punish- 
ment heavier than a tine equal to one month's pay, or than one month's 
imprisonment. 

Art. Ixiv. An officer commanding a fort, castle, quarters, or a body Post and de- 
of men composed of detachments from different regiments, or of inde- marti^"* *"""* 
pendent companies, may assemble courts martial like regimental courts 
martial, and with the same powers. 

Art. Ixv. When the matters to be examined are peculiar to the troops Courts martial 
of a ])articular arm, the courts martial shall be composed, as far as pos- cor^*'""'" 
sible, of officers of that arm. 

Art. Ixvi. No officer below the rank of captain shall sit at the trial Rank of mcm- 
of an officer of the rank of field officer. nwrtfah"""^ 

^;-;. Ixvii. No court martial shall sit except between the hours of Time of holding 
eiglit in the morning and three in the afternoon, except in cases which court martial, 
require an immediate example. 

Art. Ixviii. Members of courts martial belonging to different corps Eank in court 
shall take rank according to seniority. S(xr§ 37. 

Art. Ixix. The judge-advocate of the division in which the offence Judge-advo- 
was committed, or some other judge-advocate, or, in their absence, some ''''''^' 
suitable person, shall be appointed to be judge-advocate of the court, 
by the officer ordering the same. 

Art. Ixx. The judge-advocate shall administer to the president and 
each member of the court, the following o.ath : — 

You swear, that you ■will well and truly try and determine, according to your evi- Oath of presi- 
dence, the matter now before you, between the Commonwealth of Massachusetts and ''cnt and mem- 
the prisoner to be tried ; that you will duly administer justice, according to the rules 
and articles for governing the troops of the said commonwealth, without partiality, 
favor, or atfection, and if any doubt shall arise, which is not explained by the said arti- 
cles, according to your conscience, the best of your understanding, and the custom of 
war in like cases ; that you will not dividge the sentence of the court until it shall be 
approved by the commanding officer ; and that you will not, upon any account, at any 
11* 



126 



MILITIA ARTICLES OF WAR. 



[Chap. 13. 



Oathofjudge- 
adyocate. 



Witnesses ro- 
fiising^ to appear 
and testify. 

Oath of wit- 
nesses. 



Votes in court 
martial ; two- 
thirds necessa- 
ry to capital 
sentence. 

Proceeding's to 
be transmitted 
to commanding 
officer. 



Pay may be sus- 
pended. 

Pardon and mit- 
igation of pun- 
ishment. 
K. S. 12, § 143. 



Construction of 
" soldier" and 
"battalion." 
E. S. 12, §§ 102, 
141. 

Penalty on civil 
officers. 
1840, »2, § 10. 

*' Selectmen " 
to include 
" mayor and al- 
dermen." 
E. S. 12, § 143. 



time, disclose or discover the vote or opinion of any particular member of the court 
martial, unless required, by a court of justice, to give evidence as a witness, in due 
course of law : So help you, God. 

The president shall then administer the following oath to the judge- 
advocate : — 

You, A B, do swear, that you will faithfully and impartially discharge your duties 
on this occasion, to the commonwealth as well as to the accused, and that you will 
not, upon any account, at any time whatsoever, divulge any vote or opinion of any 
member of this court martial, unless required, b^a court of justice, to give evidence 
thereof as a witness : So help you, God. '^H 

A)-t. Ixxi. Persons called to give evidence before a court martial, 
who do not appear, or who refuse to testify, without legal excuse, shall ' 
be punished at the discretion of such court martial. 

Art. Ixxii. Witnesses shall be examined upon oath administered by 
the judge-advocate, in the form prescribed by section one hundred and 
sixty. 

Art. Ixxiii. Meinbors of a court martial shall vote, beginning with 
the youngest, and sliall give judgment by a majority of voices ; but no 
sentence of death shaU be given, unless two-thirds of the members 
concur therein. 

Art. Ixxiv. No sentence of a court martial shall be carried into exe- 
cution, until the proceedings and evidence, documents, papers, and aU 
matters in and concerning tlie same, are transmitted in the manner pro- 
vided in section one hundred and sixty, to the commanding officer of 
the army, station, camp, or ])ost, where the court martial is held, and he 
approves the same, and orders it to be earned into execution. 

Art. Ixxv. When a court martial sentences an officer to be sus- 
pended, it may also suspend his pay and emoluments. 

Art. Ixxvi. Every officer having power to order a general court mar- 
tial, may pardon or mitigate any sentence of the court, except sentence 
of death and cashiering ; and he may suspend the execution of these, 
until tlie commander-in-chief is informed thereof; and he with the ad- 
vice and consent of the council, may pardon or mitigate the sentence. 

Sect. 173. In this chapter, the word " soldier " includes company 
musicians and all persons in the volunteer or enrolled militia, ex- 
cept commissioned officers; and the word "battahon" may include 
squadron. 

Sect. 174. Civil officers named in this chapter, neglecting or refiis- 
ing to obey its provisions, shall, except as otherwise si)ecially provided, 
forfeit not less than twenty nor more than five hundred dollars. 

Sect. 175. The provisions of this chapter concerning the powers 
and duties of the selectmen of towns, shall be construed to include the 
mayor and aldennen of any city. 



Chap. 14.] 



STATE OFFICERS. 



127 



TITLE V. 

OF CERTAIN STATE OFFICERS AND MATTERS OF FINANCE. 



Chapter 14. — Of certain State Officers. 

Chapter 15. — Of the Auditor, Treasurer, Land Agent, and Matters of Finance. 

Chapter Iti. — Of the State Board of Agriculture. 



CHAPTER 14. 



OF CERTAIN STATE OFFICERS. 



governor, lieptenant-governor, a^d 
councillors. 

Section 

1. Salary of gfovemor. 

2. Compousation of lieutenant-governor and 
councillors. 

SECRETARY. 

3. Secretary, ealnry of, &c. 

4. clerks of, and their salaries. Messenger. 

5. VThen secretary is disabled, &c., deputies 
may act. 

6. Secretary to be keeper of state seal. Certi- 
fied copies to be evidence. 

7. to give certificates for release of im- 
pressed seamen. 

8. ehall issue passports to citizens of any 
color. 

9. to furnish blanks to certain officers. 

10. returns to, of moneys received by certain 
officors, &c. 

11. Clerks ofcourts to make returns of criminal 
cases to secretary. 

12. Trial justices, <tc., to make like returns. 

13. Details of returns, under two preceding sec- 
tions. 

14. Secretary to prepai'e full abstracts of re- 
turns. 

15. Penalty on officers for neglect, 

ATTORNEY-GENERAL AND DISTRICT- ATTOR- 
NEYS. 

16. Attorney-general, salary of, and clerk hire. 

17. to appear for commonwealth in S. J. C, 
&c. 

18. to file informations in certain cases. 

19. to advise and assist district -attorneys in 
certain cases. 

20. to enforce application of fimds for public 
charities, and prosecute corporations, &c. 

21. to attend sessions of legislature, and give 
opinions if required, &c. 

22. to consult and advise with secretary, 
treasurer, &c. 

2.3. to make annual reports to legislature. 
24. to receive money for contingent expenses 
in civil actions, &c. 



Section 

25. In absence of attorney-general, or district- 
attorney, court may appoint, &c. 

26. Prosecuting officer not to receive fees of 
prosecutors, nor be attorney in case, &c. 

27. Attorney-general to account for fees. 

28. Districts for administration of criminal law* 

29. District-attorneys, salaries. 

30. vacancies in office of, how filled. 

31. general duties of. 

32. Assistant district-attorney for Suffolk. 

33. District-attorneys may iutcrchange dutiea. 

notaries public. 

34. Notaries may administer oaths. 

35. on death of, their records to be deposited 
in office of clerk of the courts. 

36. Penalty for neglect in case of resignation, 
&c. 

37. on executors of notaries for neglect. 

38. Records of notaries, penalty for destroy- 
ing, &c. 

.39. clerks of courts to receive and take charge 
of records. 

COJIMISSIONERS, &C., TO ADMINISTER OATHS 
TO PUBLIC OFFICERS. 

40. Commissioners, Ac, to administer oaths 
to public officers. 

COM51ISSIONERS TO TAKE DEPOSITIONS, &C., 
IN OTHER STATES. 

41. Commissioners in other states. 

4-2. to be sworn, file signature and impression 
of seal, Ac, with secretary. 

43. powers and duties of. 

44. secretary to furnish forms to. 

COMMISSIONERS TO TAKE ACKNOWLEDGMENT 
OF DEEDS, &C., IN FOREIGN COUNTRIES. 

45. Commissioners in foreign countries. 

46. to be sworn, &c. 

47. powers and duties of. 



128 



GOVERNOR, &c., SECRETARY OF COMMONWEALTH. [ChaP. 14. 



GUAKDIANS AND TKEASURERg OF INniAXS. 

Section 

48. Guartliana, &c., of Indians, to have ac- 
counts approved — may be removed, &c. 

SEKGEANT-AT-AUM3. 

49. Sergeant^at-arms, bow appointed, removed, 
&c. 

50. salary and bond of. 

51. 52. general duties of. 

53. to preserve state house, &c., from injury. 

54. to appoint door-keepers and assistants, 
subject, &c. 

55. Watchmen, appointment of. 
6(5, 57, 58. duties of. 



Section 

d'.K AVatchmen, salaries of. 
(iO. Appoiutmeut of tireraen. 
01. Sergeaut-at-anns, &c., to receive no fee, 

COMMISSIONERS ON REPAIRS OF THE STATE 
HOUSE, &C. 

62. Conunissionei-8 on state house to have 
charge of appropriations, &c. 

MESSENGER TO THE GOVERNOR AND COUNCIL. 

63. Messenger and assistant, appointment and 
salaries of. 

04. duties of. 



Salary of gov- 
ernor. 

E. S. 13, § 2. 
1854, SOS, § 1. 
See Ch. 15, § .36. 
Compensation 
of lieutenant- 
governor and 
councillors. 

1858, 78, §§ 1, 2, 
3,4. 

1859, 7. 



GOVERNOR, LIEUTENANT-GOVERNOR, AND COUNCH-LORS. 

Section 1. The governor shall receive out of the treasury a salary 
of thirty-five hundred dollars a year, and shall be entitled to no fees or 
perquisites of office. 

Sect. 2. At the close of'each session of the council, the lieutenant- 
governor and councillors shall be p.iid as follows : for attendance at the 
regular session held during the animal session of the legislature, the 
Ueutcutant-govenior, six hundred dollars, and each councillor, three 
hundred dollars ; for attendance at each subsequent session, the lieuten- 
ant-governor, six dollars a day, and each councillor, three dollars a day; 
and for travel once in each session, one dollar for every five miles to 
and from their several places of abode. 



Secretary, sala- 
ry of, &c. 
K. S. 13, § 9. 
1854, 131, § 1. 
1859, 221, § 1. 
SeeCh. 15, §30; 

Ch. 157, § 12. 

clerks of, &c. 
Messenger. 
K. S. 13, §§ 12, 
13. 

1853, 275. 

1854, 131, § 2. 

1855, 140, § 1. 
1857, 209, § 1. 
1859, 133, 269. 
See Ch. 15, § 30. 

When deputies 
may act. 
E. S. 13, § 8. 
Amend, const, 
art 17. 

Secretary to 
keep state seal. 
Certified copies 
to be evidence. 
K. S. 13, § 5. 

to give certifi- 
cates to release 
seamen. 
R. S. 13, § 10. 

to issue 
passports to 
citizens of any 
color. 
1857, 224. 

to furnish 
blanks. 
1851,216, § 1. 
1852, 289, § 4. 



SECRETARY. 

Sect. 3. The secrctaiy of the commonwealth shall receive a salary 
of two thousand dollars a year. He shall exhibit to the governor and 
council a quarterly return, under oath, of all fees of office received by 
him, and pay the s.ame into the treasury. 

Sect. 4. He may employ in his office two permanent clerks, the first 
at a salary of fifteen hundred dollars a year, and the second at a salary 
of fourteen hundred dollars a year; and such additional clerical assist- 
ance as may be necessary for the despatch of public business, at a salary 
not exceeding eleven hundred dollars a year for each jierson employed. 
He may also employ a messenger at a salary of eight hundred dollars a 
year. 

Sect. 5. When the secretary by reason of sickness, .absence, or other 
cause, is disabled from executing the duties of his office, his deputies 
shall execute the same until such disability is removed, or a secretary is 
chosen or appointed as provided by the constitution. 

Sect. 6. The secretary shall have the custody of the state seal; 
and copies of records and papers in his office, certified by him and 
authenticated by the state seal, shall be evidence m like manner as the 
originals. 

Sect. 7. He shall without charge give any certificates that may be 
necessary to procure the release of American seamen impressed on 
board of the ships of a foreign nation. 

Sect. 8. He shall issue ^o any citizen of this state, of whatever 
color, who may apply therefor, a jiassport or certificate under the state 
seal setting forth the .age and general description of the applicant, and 
that he is a citizen of the Commonwealth of Massachusetts. 

Sect. 9. He shall annually in Se]itcmber furnish to the officers men- 
tioned in the three following sections blank forms of the returns 
required by said sections, with the three following sections printed 
thereon. 

Sect. 10. Justices of police courts, trial justices, clerks of courts, 



Chap. 14.] secretary op the commonwealth. 129 

registers of prob.ite and insolvency, and other officers receiving costs, Returns to sec 
fees, tines, forfeitures, or other moneys, which they are required to jjay pys"reMivca'by 
or account for to tlie treasurer of the commonwealth, treasurers of «'f»'"" offices, 
counties, or other ])ublic authority, sliall, on or before the fifteenth day i)sii,2ifi, § i. 
of October annually, return to the secretary under oatli a true account Jj;,f:; ^o"' ^ '■ 
of all sucli moneys received by them by virtue of their office, for the ii>5.s' 41!! 
year ending on the last day of the preceding month, stating what dis]!o- Jtw, lu-il Ll 
sition has been made thereof. As soon as the returns are received, the 
secretary shall transmit them to the auditor, who shall examine and 
report upon the same to the legislature. 

Sect. 11. Clerks of courts shall annually, on or before the fifteenth clerks of cmirtu 
day of October, make a return to the secretary, in relation to all 01 ;"j'n,i'nai""' 
criminal cases commenced before tlie grand jury, which have been jaend- e.nscs to scerc- 
ing in their several counties during the year ending on the last day of the '"^" 
preceding month, and a like return of all criminal cases coming to their 
several courts by appeal from police courts and trial justices, and so 
pending. 

Sect. 12. Trial justices, and the clerks, or where there are no clerks Trial juBtices, 
the justices, of police courts, shall annually, at the time and for the uJ;,'J°t™„g^ 
period mentioned in the preceding section, make a like return of all 
criminal cases in which such justices or courts have exercised final 
jurisdiction, and of all such cases in which they have exercised jurisdic- 
tion not final. 

Sect. 13. The returns under the two preceding sections shall specify, Details of re- 
as far as a):)i)lieable, the following details : Number of prosecutions J,".™cdiu'"sr™ 
pending at the beginning of the year — Number on file — Number com- tious. 
menced within the year — Pending cases disposed of within the year — 
Bills found — No bills — Placed on file — On file at end of year — Pending 
at end of year — Plea guilty — Plea nolo contendere — Plea not guilty — 
Verdict guilt)' — -Verdictnot guilty — Disagreement of jury — Nunilier of 
sentences — To state prison — To jailor liouse of correction — To alms- 
house — To state reform school — Fine and imprisonment. — Fine — Nol. 
pros'd or discharged on payment of satisfaction — Kol. proti'd or quashed 
for informality — Carried to supreme judicial court — Defaulted before 
trial — Defiulted after verdict — Not arrested — Costs accrued a\ ithin the 
year — Costs of the year paid — Costs of former jears paid. In said re- 
turns offences sliall be classified as follows : Against the person felo- 
niously — Against the person not feloniously — Against property — 
Against the currency, and criminal frauds — Against public justice — 
Against the public peace — Against chastity, decency, and morality — 
Against public policy — Other offences. 

Sect. 14. From said returns, the secretary shall annually prepare secretary to 
full and complete abstracts and tabular statements of the criminal busi- st'nlrt'^of re"- 
ness of each county and of the commonwealth for the year next preeed- turus. 
ing, and a]ipend the same to the annual report of the attorney-general. 

Sect. 15. Any officer who neglects to make the returns required of Penalty, 
him by sections ten, eleven, and twelve, shall fbifeit two hundred i^2!289l|3! 
dollars. 

attoknet-geneeal and district-attoenets. 

Sect. 16. The attorney-gener.al shall receive a salary of twenty-five Attomey-^en- 
hundred dollars a year, and a sum not exceeding one thousand dollars md'i.re'rk'iiirc. 
annually for such clerical assistance as the business of his office may iwu, iso, § 12. 

rponirp Kesolve.ISSO.oa 

reqmie. See ch. 15, § 36. 

Sect. 17. lie shall appear for the commonwealth, in the supreme to appear for 
judicial court, when held by three or more justices, in all prosecutions 'TOUtMn"™ 
for crimes ])unishable with death; and in the trial and argument, in ■''• •,'*^:^s-.2 „ 
said court, of all causes, criminal or civil, in which the commonwealth a'cush 'is. " 
IT 



130 



ATTORNEY -GENERAL AND DISTRICT -ATTORNEYS. [ChAP. 14. 



Attoniey-g^en- 
eral to file in- 
formations in 
certain cases. 
18i9, ISO, § a. 

to advise dis- 
trict-attorneys. 
I8W, l.S(i, § 4. 
1850, 40, § 1- 



to enforce ap- 
plication of 
funds for public 
charities, ttc. 
1849, ISO, § 8. 
5 Cush. Xiij, 

to attend ses- 
sions of le^^isla- 
ture and ^ive 
opinions, &c. 
1S49, 180, § 0. 



to advise sec- 
retary, &c. 
181U, IS i, § 7. 
18o8, 85. 
185U, !U. 

to make an- 
nual reports to 
legislature. 
1S4U, 180, § 4. 
See Cli. 4, § 10. 



to draw 
money for ex- 
penses in civil 
actions, &c. 
ISO), 28, § 1. 



when court 
may appoint, 
&c. 

K. S. i:;, § 40. 
1S59, Itk'.. 
4 Gray, 14r. 
Prosecuting of- 
ficers nut to re- 
ceive fees, &c. 
K. S. 13, § 40. 
4 Gray, 147. 

Attorney-gen- 
eral, &c., to ac- 
count for fees. 
U. S. i:i, § 45. 

Districts for ad 
ministration of 
eriniiiiul law. 
K. S. 1.), §§ 34, 
.35. 

IS4S, 10, § 1. 
ISoi, 196. 
1855, 275. 



Di8t.rict.-attor- 

neys, salaries 
of. 



is a party or interested ; and in such causes in any court or tribunal, when 
required by the governor or either branch of the legislature. 

Sect. 18. He may when in his judgment the Interest of the state 
requires it, file and prosecute informations, or other process, against per- 
sons who intrude on the lands, rights, or property, of the comnion\\ealth, 
or commit or erect any nuisance thereon. 

Sect. 19. He shall consult with and advise the district-attorneys, in 
matters relating to the duties of their offices ; and when in his judgment 
the interest of the state requires it, shall assist them by attending the 
grand jury in the examination of any case in which the party accused 
is charged with a capital oft'ence. 

Sect. 20. He shall enforce the due application of funds given or 
appropriated to public charities within the state, prevent breaches of 
trust in the administration thereof, and when necessary, shall prosecute 
corporations which fail to make to the legislature the returns required 
by law. 

Sect. 21. He shall, when required by either branch of the legisla- 
ture, attend during their sessions, and give his aid and advice in tlie 
arrangement and preparation of legislative documents and business ; 
and shall give his opinion ujton questions of law submitted to him by 
either branch thereof, or by the governor and council. 

Sect. 22. He shall, when required by tlie secretary, treasurer, adju- 
tant-general, auditor, or land agent, consult and advise with them re- 
spectively, on questions of law relating to their official business. 

Sect. 23. He shall annually make a report to the legislature of the 
cases argued, tried, or conducted, by him in the supreme judicial and 
superior court during the preceding year, with such other information in 
relation to the criminal laws, and sucli observations and statements, as 
in his opinion the criminal jurisprudence and the proper and economical 
administration of the criminal law warrant and require. 

Sect. 24. On his representation, the governor with the advice and 
consent of the council may draw his warrant on the treasury to an 
amount not exceeding three hundred <lollars in one year, for the contin- 
gent expenses of civil actions in which the commonwealth is a party or 
has an interest, for which sum he shall annually in October account to 
the governor and council ; and he shall state the amount so expend- 
ed in his annual report to the legislature. 

Sect. 25. The supreme judicial court and the superior court may at 
any term, in the absence of the attorney-general and district-attorney, ap- 
point some suitable person to perform the duties by law required of them. 

Sect. 26. No prosecuting officer shall receive any fee or reward from, 
or in behalf of, a prosecutor, for services in any prosecution or business 
to which it is his official duty to attend ; nor be concerned as counsel or 
attorney for either party, in a civil action depending upon the same 
state of facts. 

Sect. 27. The attorney-general and the district-attorneys shall sever- 
ally account with the treasurer of the commonwealth for all fees, bills 
of cost, and moneys, received by them by virtue of their offices. 

Sect. 28. For the administration of the criminal law the county of 
Suffolk shall constitute the Suffolk District ; the county of Middlesex, the 
Northern District ; the county of Essex, the Eastern District ; the coun- 
ties of Norfolk and I'lymoutl], the South-eastern District; the counties 
of Bristol, Barnstable, Nantucket, and the county of Dukes County, the 
Southern District ; the county of Worcester, the Middle District ; the 
counties of Berkshire and Hampden, the Western District ; and the 
counties of Franklin and Hampshire, the North-western District ; for 
each of which there shall be a district-attorney. 

Sect. 20. Annual salaries shall be paid out of the treasury to the 
district-attorneys for the several districts as follows : For the Suffolk 



Chap. 14.] notaries public, commissioners. 131 

District, three thousand dollars; for the Northern, Eastern, Southern, iss.-), 328. 
Middle, South-eastern, and Western Districts, twelve hundred dollars j!^,[;; l\l' ^ '• 
eacli ; and for the North-western District, eiglit hundred dollars ; See Ch. u, § as. 
which shall be in full for all services rendered by them as district- 
attorneys. 

Sect. 30. When a vacancy occurs in the office of district-attorney, vacancies in ot 
the governor with the advice and consent of the council may appoint a <"<■» of district- 
suitable person to fill such vacancy, who shall hold the office until the ibso, i;:j,' § s. 
next annual election, or until another is chosen in his stead. 

Sect. 31. The district-attorneys within their respective districts General diiHee 
shall appear for the eomuionwealth in the sujireine judicial court and {"oru'ey™'"'' 
superior court in all cases, criminal or civil, in which the commonwealth K. s. la, § :j8. 
is a party or interested ; shall aid the attorney-general in the duties re- s'cu'sh. 4,-'. 
quired of him, and perform all the duties which he is authorized to per- 
form, when he is not required to do the same ])ersonally ; but the attor- 
ney-general when present shall have the direction and management of 
such prosecutions and suits. 

Sect. 32. The governor with the advice and consent of the council Assistam attor- 
shall appoint an assistant district-attorney for the Surtblk district, who S"'-'^''''^""'' 
under tlie direction of the attorney in said district, shall assist him in See cii. 15, § 36. 
the performance of his official duties, and who shall receive, out of the 
treasury, an annual salary of eighteen hundred dollars. 

Sect. 83. The district-attorneys may, with reference to their mutual District attor- 
accomnioilation, interchange official duties, so as to insure a punctual JS,""^ '■"*'" 
discharge thereof k.'s.°«, § 39. 

NOTARIES PUBLIC. 

Sect. 34. Notaries public shall have the same authority to administer Notaries may 
oaths as justices of the peace. _ _ ' oaZ"'"''''' 

Sect. 35. On the death, resignation, or removal from office, of a if^^-'fi. 
notary ]niblie, his records, together with his official j}ai)ers, shall be de- to b™ deposited 
posited in the office of the clerk of the courts within the county in j; ^J''^'.j''l j?"'"' 
which he resided, or in the county of Suffolk, in the office of the clerk is^i.'s.'+i;!. 
of the superior court for civil business. '''^'■'' ''■"'■ 

Sect. 3(3. A notary public who on his resitrnation or removal from iionaity. 
office, neglects for three months so to deposit his records and official • • ' » • 
papers, shall forfeit a sum not exceeding five hundred dollars. 

Sect. 37. If the executor or administrator of a deceased notary on executors 
)niblic neglects for three months afler his acceptance of such appoint- u. s°'i"'§'ia. 
ment, so to deposit in the clerk's office the records and offici.nl pa])ers of 
the deceased which shall come into his hands, he shall forfeit a sum not 
exceeding five hundred dollars. 

Sect. 38. Whoever knowingly destroys, defiices, or conceals, the fordestroy- 
records or official papers of a notary public, shall forfeit a sum not K^s^^a'^Kso"*"' 
exceeding one thousand dollars and be liable in damages to the party 
injured. 

Sect. 39. The sevcnal clerks of the superior court shall receive and cierita to taije 
safely keeji the records and official papers of notaries which are depos- Iri'volopfes^io. 
ited in their offices ; shall make and certify copies thereof, for which 5^'_- s. is, §§ 51, 
they shall be jiaid the same fees that the notary would have been 1^59, 1%. 
entitled to, and copies thus certified shall have the same effect as if 
certified by him. 

commissioners, &c., to administer oaths to public officers. 

Sect. 40. The governor, with the advice and consent of the council, commissioners 
shall appoint a suitable number of commissioners to administer to pub- oath!rto"i)ublio 
lie officers the oaths required by the constitution ; and all public officers, officers, 
except those for whom a different provision is made by the constitution ^'■^' '■''^^''' 



132 



COMMISSIONERS OF DEEDS. 



[Chap. 14. 



Commissioners 
ill otiier states. 
K. 8. Ki, § .53. 
ISol, 17, s i. 



to be sworn, 
file sigiiiiture, 
impression of 
seal, &c., with 
secretary. 
K. .S. IS,' § ao. 
isoi, ir, 5 2. 



powers aad 
duties of. 
K. S. 13, §§ 64, 
53. 
1S54, 17, § 3. 



Secretary to 
funiisii tbriiis. 
IWl, 17, § 4. 



or laws, may take and subscribe such oaths, before the governor, lieu- 
tenant-go\enior, two members of the council, or two such commis- 
siouers. 

COMMISSIONERS TO TAKE DEPOSITIONS, &C., IN OTHER STATES. 

Sept. 41. The governor witli the advice and consent of the council 
may a]ipoint in each of the states and territories of tlie United States, one 
or more commissioners, who witli those now appointed, shall hold their 
offices three years from the date of their respective apjjointments, unless 
sooner removed by the governor. 

Sect. 4"2. Every such commissioner shall within three months from 
his appointment take and subscribe an oath or affirmation before a jus- 
tice of the peace or other magistrate of the city or county wliere he 
resides, foithfully to discharge the duties of his office, shall cause to be 
prepared an official seal in which shall be designated his name, the 
words " Commissioner for Massachusetts," and the name of the state or 
territory and city or county where he resides ; an impression of which 
seal, together with his oath of office and signature, shall bo forthwith 
transmitted to, and tiled in, the office of the secretary of this common- 
wealth. 

Sect. 43. He may, in the state or territory for which lie is ap]iointed, 
administer oaths, take depositions, affidavits, acknowledgments of deeds 
and other instruments, to be used or recorded in this state, and the 
proof of such deeds, when the grantor refuses tcj acknowledge the same, 
in like manner as justices of the peace may take the proof thereof All 
oaths, depositions, affidavits, and proofs, so administered or taken and 
certified by him under his official seal, shall be as effectual as if adminis- 
tered or taken and certitied by a justice of the peace in this state. 

Sect. 44. The secretary shall forward to each commissioner instruc- 
tions and fonns prepared by him in couibrmity to law, with a copy of 
the three preceding sections. 



Commissioners 
ill Ioni.,^u coun- 
tries, ,vV. 
1S50, aii, § 1. 

to be sworn, 
&c. 
IBOO, 253, § 4. 



powers and 
duties of. 
ISSd, 233, 5S 1, 
2,3. 



COMMISSIONERS TO TAKE ACKNOWLEDGMENT OF DEEDS, &C., IN FOREIGN 

COUNTRIES. 

Sect. 45. The governor may apjioint in every foreign country one 
or more commissioners, who with those now appointed shall hold their 
offices during the pleasure of the governor. 

Sect. 46. Every commissioner, before performing any duty of his 
office, shall take and subscribe an oath or affirmation before a judge or 
clerk of one of the courts of record of the state, kingdom, or country, in 
which he resides, foithfully to discharge the duties of his office under 
and by virtue of the laws of the commonwealth of Massachusetts; whicli, 
with a description of his seal of office, and his signature, shall be filed 
in the office of the secretary of this commonwealth. 

Sect. 47. Such commissioner may, according to the laws of this state, 
take the acknowledgment and proof of the execution of any deed, con- 
veyance, or lease, of lands, lying in this state, or of any contract, or 
letter of attorney, under seal or not, to be used or recorded in this state; 
administer oaths, and take depositions to be used in the courts of this 
state either under a commission from a court, by consent of parties, or 
on legal notice given to the opposite ]iarty. An acknowledgment or 
proof so taken and certified by him under his official seal, and annexed 
to or indorsed on the instrument, and any such oath or deposition ad- 
ministered or taken and certified by him, shall have the same force and 
effect as if done by any officer authorized to perform such acts in this 
state. 



Chap. 14.] guardians of Indians. — sergeant-at-ar.ms. ' 133 

GUARDIAN'S AXD TREASURERS OF IXDIAXS. 

Sect. 48. Guardians and treasurers of Indians appointed under the OuardianB, &c., 
hnvs (iftiiis state, shall beti)re sending their accounts to the auditor have "s-)!"]','™'*' 
tlKin a])])roved by the judge of the probate court for the county in isir., 210. 
■which they respectively reside. JIfsl jggl 

Sucli guardians and treasurers may be removed bv the governor and ?,^4°^i^'' 

council fur just cause, and others appointed in their places. isas'rs.' 

1829, r.2. 
1852, 86. 

SERGEANT-AT-ARMS. 

Sect. 40. The legislature shall annually in January choose a sergeant- Sergeant-at- 
at-arms, who shall hold his office until another is chosen in his stead, ""?'*' ','"" ■'■'' 

1 1 • c • 1 1 iY» . T-v . pointcu, re- 

and may remove lum lor misconduct or other sutticient cause. During moved, &c. 
the recess of the legislature the governor and council may suspend him ^_^' '•''S^^'^' 
for like cause, and when a vacancy occurs during a recess, the governor 
and council may a]i]ioint a suitable person to perfonn the duties of the 
office until a new election. 

Sect. bO. He shall receive a s;ilary of two thousand dollars a year, saiarj; and 
and shall give bond to the treasurer of the commonwealth, in the sum i°°s. w, §.58. 
of two thousand dollars, for the fiiithful performance of his duties, and i8o4, lu, § 1. 
to account tor all moncv intrusted to him lor the use 01 the common- iss'.i, ua, %. 

■^^-£.;(ltl)_ ■ See Ch. 15, § 3B. 

Sect. 51. lie shall serve such processes and execute such orders, as general duties 
may be enjoined upon him by the legislature, or either branch thereof; u.' s. 1.3, §§ 59, 
he shall attend the members or clerks of either house, when they are <», 02. 
charged with messages to the other ; shall see that the chambers and 
lobbies occupied l)y the legislature, are during the session kept in good 
onler, and that the fires are seasonably kindled, diligently tended, and 
carefully extinguished ; shall maintain order among the s]icctators ad- 
mitted into the rooms in which the respective branches hold their ses- 
sions, and take projier measures to prevent the interrujition of either 
branch, or the committees thereof; and shall have the control of, and 
exercise a strict superintendence over, his subordinate officers, giving 
them all needful directions and taking care that they promptly jierfonn 
their duties. 

Sect. 52. He shall have the general charge and oversight of the 8a:nie subject, 
state house and its appurtenances, shall suiierintend alterations and re- itku m,\'2- 
pairs thereof, shall daily visit and inspect the apartments therein, (except 
the secretary's office, council chamber, and apartments therewith coii- 
ne(t('<l, which shall be under the care of the messenger of the governor 
and council,) and take proper ])recautions against damage thereto, or to 
the books, papers, or other property therein; and he shall take care that 
the chambers and lobbies, occupied by the legislature, are kept clean 
and in good order, during the recesses of the general court. 

Sect. 58. He shall take all proper care to prevent any trespass or to preserve 
injury being committed contrary to the provisions of section fourteen rJom injury.*"' 
of chapter live ; and if such trespass or injury occur, and the offender is i*- S. i3, § 63. 
known, he shall forthwith give notice to the attorney-general or district 
attorney for the Suifolk district, in order that such oflender may be 
pri )secuted therefor. 

Sect. 54. He shall, immediately after his election, appoint, subject to .appoint 
to the approval of the presiding officers of the two branches, respectively, jJud'alJsist'autB, 
suitable and proper persons to l)e door-keepers to each house, who shall, subject, ic^ 
during the session, render him all necessary assistance ; and he shall also igbs, isa. ' 
ajiptiint, subject to like approval, such assistants to the door-keepers as 
the two houses may respectively direct. 

Sect. 55. He shall annually appoint, suliject to the approval of the to appoint 
secretai-y and treasurer of the commonwealth, four good and iliscreet ^^*''''™'^"- 
12 



134 



COMMISSIONERS ON STATE HOUSE. 



[Chap. 14. 



R. S. 13, § 61. 
ISW, 80. 
IS5S, 159, § 1. 

Watchmen, cUl- 

li'js of. 

ISoS, 159, §§1,2. 



same subject. 
K. S. 13, § 03. 
18jS, 159, § 3. 



same eubject. 
1858, 159, §§ 1, 2, 
4. 



salaries of. 
1R5«, 176. 
See Cli. 15, § 30, 



I'ireman, ap- 
liointuieiilof. 
If<5-t, 159, § 5. 
Si^e Ch. 15, § 30. 



Sergcant-at- 
nriQ.s, &c., to 
receive no fee. 
U. S. 13, § 05. 



persons ns wtitchmeii of the .state house, whom he m.iy at any time re- 
move, and for whose fidelity and good conduct, in said capacity, he shall 
be responsible. 

Sect. 56. The watchmen shall remain in the state house every nii^ht 
from nine o'clock in the evening until sunrise in the morning, and main- 
tain proper watch and guard for the security thereof; and shall visit, 
each night, all the rooms in which fires have been kindled during the 
preceding day, and attend to their safety. 

Sect. 57. They shall take proper care to prevent any trespass or in- 
jury being committed in or upon any part of the state house, or of 
the appurtenances thereof belonging to the state ; and if any is com- 
mitted, and the ofttMider is known, they shall forthwith give notice 
thereof to the attorney-general, in order that such ofleiider may be pros- 
ecuted therefor. 

Sect. 58. They sh.all open the outside doors of the lower floor and 
the gates every morning, and close the same every evening, except Sun- 
days ami public holidays ; shall keep the lower floor, entries, and all the 
offices except that of the secretary, clean and in good order, kindle and 
keep up suitable fires therein, and light, clean, and keep in good order, 
the outside lamps. They shall act as messengers to the legislature dur- 
ing the sessions thereof, and shall perform all other duties with regard 
to the offices in the state house, except that of the secretary, as have 
heretofore been performed by watchmen and messengers to the general 
court. Two of them shall be on duty in the state house during the day- 
time while the outside doors are open, and maintain watch and guard 
for the security thereof The keys of the doors, gates, and apartments, 
shall be so dejiosited that they may have ready access thereto. 

Sect. 59. Each watchman shall receive a salary of eight hundred 
dollars a year in full compensation of all services required of him by the 
sergeant-at-arms as watchman tlyoughout the year, and messenger dur- 
ing the annual session of the legislature. 

Sect. 60. The sergeant-at-arms may appoint one person as fireman, 
who shall make and attend the fires in the basement of the state house, 
and perform such other duties as may be required by the sergeant-at- 
arms; and who sh.all receive in full compensation for his services a sal- 
ary of six hundred dollars a year. 

Sect. 61. No fee or reward shall be taken by the sergeant-at-arms, 
or any person under him, for opening the public rooms in the state 
house, for the view and inspection of visitors. 



Commissioners 
on state house 
to have charge 
of appropria- 
tiims, .S:c. 
l!l57, 05,§§2,3. 



COMMISSIONERS ON REPAIRS OF THE STATE HOUSE, &C. 

Sect. 62. The sergeant-at-arms, secretary and treasurer of the com- 
monwealth, shall constitute a commission, without com])ensation, having 
in charge the appropriations for the rejiairs, im])roveinents, and fiu-ni- 
ture, of the state house, and contingent expenses of the council, general 
court, and offices in the state house. No ex])enses shall be incurred for 
said ])ur])osos unless ]n-eviously authorized by said commission, and no 
expenses shall be authorized by them unless the same come within the 
amount .appropriated by the legislature ; except that in case of damage to 
the state house, caused during the recess of the legislature by fire or 
other unforeseen casualty, the commissioners may make all necessary 
rejsairs for the protection and preservation of the building. 



Me8senq;er to 
governor and 
council. 



MESSENGER TO THE GOVERNOR AND COUNCIL. 

Sect. 6.3. The governor with the advice and consent of the council j 
may appoint a messenger, who sh.all hf)ld his office during the pleasure 
of the governor, and receive a salary of eight hundi-ed dollars a year. 



Chap. 15.] 



AUDITOR. 



135 



The me.ssensTer may employ an assistant, whom he may remove at any i**~. 2.ir. 

Sec rii. 15, § 30. 



time, and who sliall receive for his services three hunured and sixty-tive '^*' '"'' 



dollars a year 

Sect. (54. Tlie messenger and assistant shall perform such duties Messtngei's 
as may be required of them by the governor or the governor and *•"•"*"• 
council. 



CHAPTER 15. 



OF THE AUDITOR, TREASURER, LAJND AGENT, AND MATTERS OF FINANCE. 



Al'DITOR. 

Section 

1. Auditor to give bond. 

2. salary of, may t-inploy clerks, &c. 

3. shall exainiiio necouuts, aud may deduct 
ovcrehargCB, &c. 

4. Bliall keep accounts of receipts, &c. 
5,6. report of. 

7. shall examine treasurer's books, &c., aud 
perform certain other duties. 

8. books, &c., of, to be examined during re- 
cess of legislature. 



TREASURER. 
9. Treasurer to give bond. 

10. bond of, to be sued, in case, Ac. 

11. may be removed by governor on request 
of sureties, in case, &c. 

12. salary of, clerks of, and their Balaries. 

13. may assign mortgages. 

14. may sell real estate hold under a mort- 
gage foreclosed. 

15. shall stamp bonds, &c., of the common- 
wealth. 

16. may assign, A-c, mortgages, Ac, made to 
his predecessors, with approval of governor. 

17. to transmit aunually to attorney -general 
account of all bonds, &c. 

18. to invest money received from sale of 
public lauds. 

19. to report to the legislature. 

20. on death, Ac, of, secretary and others to 
take charge of his office, &c. 

21. Inventory of moneys, &c., to be taken by 
committee, &c. 

22. Duplicate receipts to be given by successor 
of such treasurer. 



LANn AOENT. 

23. Land agent, salary and bond of. 

24, 25. duties of. 

26. sales, &c., of, to be approved by governor 
and council. 

27. to make report to legislature. 



matters of finance. 
Section 

2S. Public officers to make and submit esti- 
mates to speaker of the house. 

29. Officers disbursiug money to report to the 
auditor. 

30. Money to be paid from treasury only upon 
warrant of governor, Ac. 

31. Balances of approju'iatious may be pjud in 
succeeding year, but not afterwards. 

32. Paymeuts may be withln-ld from persons 
with whom state has unadjusted accounts ; 
or wlio withholds money, &c. 

33. to be made from ordinary revenue, &c. 
Cash at beginning of year, how applied. 

34. Notes to be signed by treasurer, approved 
by governor, &c. 

35. Paymeuts of iuterest on temporary loans, 
&c. 

36. of salaries, &c. 

37. Accounts for expenditures under orders of 
the legislature to be ap])roved by presiding 
officers, &c. Limilatiou of amount of such 
orders, &c. 

38. Meaning of "incidental expenses" in ap- 
propriation laws. 

39. Less appropriation to supersede former 
larger. 

40. Appropriations for a specified year, bow 
construed. 

41,42. Directions to public functionaries in in- 
curring liabilities, ^:c. 

43. Improvemeuts, A'c, in public buildings, 
not to be made without nppropriation. 

44. Bills exceeding fllty dtiUars to be sworn to. 

45. Committees of legislature not to incur lia- 
bility in behalf of state, unless, &c. 

40. Appropriations for witness fees, may be 

applied to taking depositions. 
47. Compensation of commissioners, Ac, to be 

determined by governor and council. 
4S. Travelling expenses of public officers. 

49. Bills of charges against state to contain 
items. 

50. Secretary, Ac, to lay before legislature ao 
couuts of expenses ol' their offiues> Ac 



AUDITOR. 

Section 1. The auditor of nceouiits shall give bond to the treas- 
urer of the eominomveahh, with sutticient sureties, to be approved by 
the governor with tlie advice and consent of the council, for the faithful 
discharge of the duties of his office. 

Sect. 2. He shall receive a salary of two thousand dollars a year. 
He may employ in his office one permanent clerk at a salary of twelve 



Auditor to give 

boud. 

1&49, 56, § 1. 



salary of. 
clerks, &c. 



136 TREASURER. [ChAP. 15. 

1S52, 318. hundred dollnrs a year, and such additional clerical assistance as may be 

isosi liol ' ' necessary for the despatch of the public business, at a salary not exceed- 
ing eleven hundred dollars a jear for each person employed. 
Auditor shaU Sect. 3. He shall examine and scrutinize and may deduct over- 
MuSsJ'aud charges in all accounts and demands against the state, including those 
niiiy deduct for scrvices or objccts for which definite appropriations are made, and 
m^erc mrges, ^^^ which ap])ropriations are made not exceeding a certain sum, but 
iSs' if' f f excepting those due on account of the principal or interest of a public 
iaaa', i58, § is. debt, or of the pay rolls of the council, senate, or house of representa- 
tives. He shall make and record in a book kept for that ]iurpose a cer- 
tificate specifying the amount due on each demand, the law authorizing 
its payment, and the head of ex]ienditure to which it is to be charged ; 
and shall transmit the certificate to the governor, who may draw his 
warrant therefor. As soon as may be after the drawing of a warrant, 
the secretary shall transmit to the auditor a written statement of the 
amount and purport thereof. 
sii.iii keep ac- Sect. 4. He shall keep a distinct account of public receipts and ex- 
feipt'^&cf penditures under appropriate heads. If the sum allowed by law for any 
isw, oil, §3. purpose has been exjtended or drawn for, he shall in writing communi- 
cate such fact to the secretary, who shall lay the same liefore the gov- 
ernor and council as soon as may be. He shall keep a like statement of 
the school fund and other public property, and of all debts and obliga- 
tions due to and from the commonwealth ; and for such ]>urposes shall 
have free access to the books and papers in the offices of the secretary, 
treasurer, and land agent, 
report of. Sect. 5. On or before the fifteenth day of January in each year the 

mi', I5MH, 5, auditor shall submit to the legislature a report exhibiting a full .and 
8)7iS- accurate st.atement of the financial condition of the commonwealth, and 

' ' 'of the pecuniary transactions thereof, during the year ending on the last 
day of the preceding month, 
same subject. Sect. 6. He shall include in his rejiort an estimate for the following 
isss' 158^*1. yPM" of the ordinary income of the commonwealth, and other means 
which he may point out for the defr.aying of expenditures, and shall 
annex thereto such rejiresentations or suggestions as he may deem 
necessary, 
shall examine Sect. 7. He shall annually in .January examine the books, accounts, 
tooksTc!*, and ^""^ vouchcrs, of the treasurer, and shall comply with any regulations in 
perform certain relation to the duties of his office, not inconsistent with the provisions 
iW^so^fM. "• '^^ ^^'® chaj>ter, which may be transmitted to him in writing by the gov- 
ernor and council. 
Hooks, &c., of, Sect. 8. The books and accounts of the auditor shall be carefully 
dmin^'rccess'of examined, at least once during the recess of the legislature, by a com- 
legisi.-iture. mittee of the council, or such pei-son as the srovernor with tlie advice 
and consent of the council may a])point ; and shall annually in January 
be carefully examined by the committee of accounts. 



1S4'J, 50, § 3. 



TREASURER. 

Treasurer to Sect. 9. The treasurer of the commonwealth sh.all give a bond, with 

Ir.^I. is"! H. three sureties at least, to be ap])roved by the governor with the advice 
and consent of the council, in the sum of one hundred thousand dollars, 
payable to the commonwealth, with condition in substance as follows : 
that he and all persons employed in his office shall faithfully discharge 
their duties and trusts ; th.at he shall use all necessary and reasonable 
diligence and care in the safe keeping .and lawful disposal of all sums of 
money, books, bonds, notes, pajiei-s, and other things appurtenant to the 
office, which shall come to his hands, or to the h.ands of the persons 
employed l>y him ; th.at he sliall, \ipon reasonable notice, render a true 
account in the premises, when thereto required by law or by the senate 



Chap. 15.] treasurer. 1.37 

or house of representatives ; shall deliver over to his successor in office, 
or other person authorized to receive the same, all money, books, bonds, 
notes, and otlior things belonging to said office ; and that all balances 
and defalcations wliich shall appear against him, shall be forthwith paid 
into the treasury of the commonwealth. 

Se< T. 10. The bond shall be deposited in the secretary's office ; and Treasurer, 
ujjon the order of the governor with the advice of the council, or the suedin*iasc!&c. 
order of the senate and house of representatives, the attorney-general, R- s. i3, § i5. 
or any other person by them respectively authorized for that purpose, 
shall commence an action thereon, and prosecute the same to final judg- 
ment, execution, and satisfaction. 

Sect. 11. Upon the representation, under oath, of a surety in such may be re- 
bond, or other person, that the treasurer is insane, or manifestly insol- "nor'on'rf-'"^ 
vent, or has absconded or concealed himself, or is absent from the state, quest of sure- 
or from the duties of his office, to the hazard of the public treasury, if k^ s.'°3f§^u*'' 
ujjon examination such representation ap])ears to be true, the governor. Amend, const, 
with the advice and consent of the council, shall remove him from office 
and declare tlie office vacant. 

Sect. 12. The treasurer shall receive a salary of two thousand dol- salary of, 
lars a year. He may erajiloy in his office two pennanent clerks, the flf^^r'saiarie^ 
first at a salary of fifteen hundred doll.ars a year, and the second at a h. s. i3, § ji.' 
salary of twelve hundred dollars a year; and such additional clerical I^m^Ho' pi!'" 
assistance as may be necessary for the despatch of the public business, I'^^'Xh'^jl I ,,. 
at a salary not exceeding eleven hundred dollars a year for each jJerson " '' 

employed. 

Sect. 13. Where the treasurer is authorized to discharge a mortgage may assign 
held by the commonwealth, he may instead thereof assign the same, and 5wr, wf.*^^' 
his assignment shall have the same eflect as like assignments liy other 
mortgagees; but shall not impose any liability, express or imjilied, upon 
the commonwealth. 

Sect. 14. When the title to real estate becomes vested in the com- may sell real 
monwealth by the foreclosure of a mortgage, the treasurer may, with S'I'm'oi't<''a"e 
the apiiroval of the governor and council, convey the same, upon the fon-.iosed." " 
payment of the amount of the mortgage debt, with the interest and "'"'' **' 
exjtenses accrued thereon. 

Sect. 15. The treasurer shall provide himself with a stamp upon shall stamp 
which shall be the words "The property of the commonwealth," and of"'mumoa- 
shall cause all bonds and securities in his possession belonging to the w-'aitii. 
commonwealth to be stamped therewith. 

Sect. 16. No bond or security belonging to the commonwealth shall may assign, 
be transferred except with the written approval of the governor. Where ic.Jmariefo^hfs 
the treasurer holds, as the propertv of the commonwealth, any note, preiii-cossors 

11 i ^1 •. 1 i 1 • 1 • li; with approval 

bona, mortgage, or other security, made to any predecessor in ins oriice, of governor, 
the same may be transferred, assigned, or discharged, in hke manner as i>^iJ, os, §2. 
if it had been made directly to the commonwealth. 

Sect. 17. He shall annually on the first Mon<lay of May, transmit to to transmit 

,1 ,, 1 ,, ,. i,. f. ^1 A annuallv, To at- 

the attorney-general or other prosecuting officer of the government, an torney-gonerai, 

account of bonds, notes, and securities, in the treasury, in which the »<eount_or all 

State IS interested, on which the principal or interest remains due and k. s. is, §25. 

unpaid, or of which the conditions have not been performed, classing 

them under distinct heads, as far as may be convenienly done ; and the 

attorney-general, or other officer, upon receiving the same, shall enforce 

the collection of the money so due, and the performance of conditions 

so unperformed, and require such payments and settlements in the 

premises as he thinks the interests of the state demand, with due regard 

to the situation of the debtors. . 

Sect. 18. He shall liave the custody of all notes, bonds, and mort- money received 
gages, given to the state for the purchase of lands in the state of Maine, 5 "m- "'i''^ "Jl 

11 n .11 • ^ 1 TT 1 11 1 public lauds. 

and shall receive all money accrumg irom the same. He shall keep a k. s. 10, §§ 6, 7. 
12* 18 



138 



LAND AGENT. 



[Chap. 15. 



Treasurer, 
to report to 
the leu^islature. 
1«5S, 1, § 4. 



on death, &c., 
of, secretiirj' 
and others to 
take charj^e of 
his office, &c. 
K. S. 13, § 17. 



Inventory of 
money, itc., to 
be taken by 
committee, &c. 
K. S. 13, § IS. 



Duplicate re- 
ceipts to be t^iv- 
en by successor 
of sucli treasur- 

K.' S. 13, § 19. 



separate account of the money, notes, and obligations, so received by 
liiin ; and shall, witli the approbatiou of the governor and council, invest 
said money in the stocks of the New England states and in the obliga- 
tions of the counties, cities, and town.s, thereof; regard being hail to 
the security, productiveness, and availability, of the fund when required 
for use. 

Sect. 19. The treasurer shall annually in January report to the 
legislature a statement of the operations of his department lor the year 
ending on the last day of the ju-eceding month; including a specific 
statement of all warrants remaining unpaid, and the names of the per- 
sons in whose I'avor they are drawn. 

Sect. 20. Upon the death or resignation of the treasurer, or other 
vacancy in that office, the secretary, with two suitable persons to be 
appointed by warrant under the hand and seal of the governor, shall 
repair to the places where the money, papers, and other things belong- 
ing to the treasury, are kept, and, having previously given notice to 
such late treasurer, or his heirs, executors, or administrators, and to his 
sureties or one of them, or to such of the persons as may be found 
within the state to attend thereat, shall seal up and secure, in their 
presence if they attend, all such money, pajiers, and other things sup- 
posed to be the property of the commonwealth ; and they shall give 
such representatives or sureties, if required by them, a true list of all 
boxes and packages so sealed up and secured, and shall note on such 
hst the place wherein the same are deposited. 

Sect. 21. After sealing up and securing the effects, the secretary, 
with the two ]iersons .appointed as aforesaid, shall as soon as may be, 
and after notice to the jiarties mentioned in the preceding section, cause 
the boxes and pack.ages to be examined, and a true inventory to be 
taken of the money, and of all bonds, notes, securities, books, and other 
things .appertaining to said office, which shall be required by the late 
treasurer, or his representatives or sureties, or either of them ; a copy 
of which inventory shall be deposited in the secretary's office : and 
cojues that may be required shall also be given to any of said parties. 
The secretary and said two persons shall safely keep all money and 
other effects inventoried as aforesaid, until another treasurer is chosen 
or appointed ; to whom when qualified they shall deliver over the same, 
taking duplicate recei]its from such new treasurer ; one of which receipts 
shall be deposited with the secretary, and the otlicr with the late treas- 
urer, or his legal rejiresentatives or sureties, or one of them. 

Sect. 22. Upon every appointment or election of a new treasurer, 
he shall give duplicate recei])ts, one of which shall be dejiosited with 
the secretary; and such recei]its shall be sufficient evidence for liis jired- 
ecessor in office, of the property of tlie state rem.aining and delivered 
over by him, and shall be his sufficient discharge therefor. 



Land a^ent, sal- 
ary and bond 
of. 

K. S. 10. 
1861, 190. 

1858, 85. 

1859, 91. 



duties of. 
Resolves, 
1859, 53, 103. 



LAND AGENT. 

Sect. 23. The governor, with the advice of the council, shall nniiu- 
ally, and whenever a vacancy occurs, appoint a competent ]>erson to be 
lantl agent, who shall receive a salary of one thousand dollars a year, 
give bond to the commonwealth tor the faithful performance of the 
duties of the office, in a sum and with sureties to be a]i])roved by the 
governor and council, and hold office lor the term of one year, unless 
sooner removed. 

Sect. 24. He shall have charge of all lands, flats, shores, and rights 
in tide waters, belonging to the commonwealth, excejit tlie Back Bay 
lands and other lands and rights otherwise provided tor; and sliall 
exercise the jiowers and perform the duties specified in chapters fifty- 
two and oiu' hundretl and three of the resolves of the year eighteen 
hundred and fifty-nine. 



Chap. 15.] biattees op finance. 130 

Sp:i.'t. 25. He shall have the eiistorly of all records, deeds, instru- Land agent, du- 
meiits, plans, maps, charts, surveys, ami other documents, relating to Kesolvcs, 
said property or a]ipertaining to the lands in Maine, and safely keep the ^^'^' '"3. 
s.ame in the land ottice at the state house; he may make and certify 
copies thereof, and shall keep said office open at stated hours, as public 
convenience may require. 

Se<"t. '26. All sales, contracts, leases, deeds, and instruments, made Rales, &c. bv, 
by him, shall be a])]iroveil by the governor and council and recorded in by!',overnor!ix. 
the records of the land office, and without such aiii)roval and record, Kesoives. 
the same sliall be of no effect. 

Sect. 27. He shall annually report to the legislature in detail all sales, to make re- 
leases, contracts, and other transactions, of said office for the ]irevious year, ?„„.*" ^"^ ' 
and such other facts relating to said office and property as may be See cu. 4. 
necessary or useful. 

MATTERS OF FINANCE. 

Sect. 28. Every public officer or board having charge of any depart- PuMie offleera 
ment of the public service requiring an expenditure of money from the 'ui'.'milVst^ 
state treasury, other than the payment of salaries, shall on or before the niLtesto speak- 
fifteenth day of January in each year, submit in writing to the sjjeaker of k-js, ios, § i. 
the house of representatives, a detailed estimate of the sums which will 
be necessary for the maintenance of the de]iartnicnt for the current year. 

Sect. 29. Every public officer or board having charge of the dis- officers disbur- 
bursement of money, appropriated from the ordinary re\ enue or fi-om report to audit- 
the income of any funds belonijinfj to or under the charge of the common- or. 
wealth, shall annually in the first week of January, rejiort in detail to '^'-'■s • 
the auditor, in such form as he shall prescribe, all expenditures made by 
them, anrl the objects to which such exjienditures have been a])]ilicd. 

Sect. 30. No money shall be paid from the treasury, but upon the Money to be 
warrant of the governor drawn in accordance with an ajijirojiriation in JJ'iiv'oi'iivVpon" 
some act or resolve passed within the same political year, except for warrant or the 
paj'ments requireil on account of the ]irinci]ial or interest of a ])ublic imV, "';',"§ 2." 
debt, or for the salaries of the judges of the supreme judicial court, and is5s> i, §§ i. 2. 
of the governor, as established by standing laws. Said principal and 
interest shall be paid when due, and said salaries in the same manner 
as if a specific appropriation therefor were included in a separate law 
passed each year. No warrant shall be drawn for the jiayment of any 
account or demand except for the pay rolls of the council, senate, and 
house of representatives, unless the same is certified by the auditor. 

Sect. 31. The preceding sections shall not prevent the payment from Balances of ap- 
the treasury in any year, to a person to whom the same is due, of any l!["v'"i!'','','i',nn 
approiji-iation or unexitended balance of an aiiproiiriation made in the f^"''" "iii^jyear, 

r Ti- 1 • i- 1 1 1 11 » 1 11 1 but not alter- 

precodmg year. If such an appropriation or balance shall not be caliecl wards. 
for by the person to whom it is due, or shall not be ap])lied to the objects ^*^>^' '> § 3. 
for which it was designed, within the political year in which it is made, 
or the succeeding year, it shall revert to the general treasury, and shall 
not afterwards be paid out, except upon a new aii]iropriatiun. 

Sect. 32. No approjiriation law shall be construed to require any Parments to be 
payments to a person with whom the state has an unadjusted account. j",'.s',',',;'s'iiOTiII?' 
But the governor, upon receiving satisfactory information that any unadjusicd ac- 
money is illegally withholden from the state by such jierson, shall instruct 5,-'.Y-',''n •t'a. 
the treasurer to withhold all payments of money to him while such "^S"- '->'*' § i3. 
default continues. 

Sect. 33. PaAanents authorized by laws appropriating money shall to be made 

1 1 ,. ^i* T. .^ ii • • '" • 1 from ordinary 

be mailc from the ordinary revenue, it no other ])rovision is expressly revenue, &C. 
made therefor. Cash from the ordinary revenue on hand at the besjin- *!'*''' "t begin- 

£• 1 1111 .11 ei T ning ol year. 

ning of each year, shall be earned to the account of the ordinary revenue is-ss, ii, § s. 
of that year. |f «' ^^' 5S >»- 

Sect. 34. All notes for money borrowed in anticipation of the reve- 



140 



MATTERS OP FINANCE. 



[Chap. 15. 



Notes, how 
6ig;ncd, &.c. 
Kt'solvus, 
IfOS, 13. 

I'ayments of in- 
terest, tSiC. 
l&OcS, lo.s, § ir. 

ofsalaries,&c. 
18411, 1»B, § .2. 
. l.sj^, 11, §§3, 4. 
ISOS, 158, § IJ. 
IbSU, 2?2, § 4. 



Accounts for 
expenditures 
under orders of 
le«jiBlature, 
how approved, 

Limitation of 
amount. 

1S5S, 15,S, § 11. 
Kesolves, 
183?, I'J. 

" Incidental ex- 
penses." 
18S8, 11, § 5. 
1858, 168, § 13. 
185!>, 272, § 5. 
Less appropria- 
tion to super- 
sede larger. 
1858, 11, § (J. 

1858, 158, § 13. 

1859, 272, § H. 
Appropriations 
for a speeilied 
year. 

iKr)S, vr,A, § 1.-). 

I^in'.-fioiiH to 
puhliL', Ametiou- 
aries in incur- 
ring liabilities, 
&c. 

1858, 11, § r. 
1858, 158, §§ 13, 
U. 



Same subject. 
1858, 15-1, § H. 



Iraprovenicnts, 
Ac, in puljlic 
buildings, nt)t 
tobemade\vit!i- 
outan appropri- 
ation. 
185'J, 177, § 1. 



Bills exceedin',' 
filty dollars to 
be sworn to. 
1859, 221, § 3. 



nue, sliall be signed by the treasurer, approved by the governor, and 
countersigned by tlio auditor. 

Sect. 35. The interest on temporary loans to the state from banks, 
cor})orations, or individuals, shall be paid semi-annually, on the first tlays 
of April and October in each year. 

Sect. 36. Salaries payable from the treasury shall be paid quarter- 
yearly on the first days of April, July, October, and Januaiy, and shall 
be in full for all services rendered to the state by the persons to whom 
they are paid. No salary shall be paid to any ]ierson for a longer ]ieriod 
than that during which he has been actually employed in the duties of 
the office. When a salary is diminished, no greater rate shall be jiaid 
by reason of any previous appropriation therefor. No person shall at 
the same time receive more than one salary from the state treasury. 

Sect. 37. Accounts for exjtenditures incurred or services rendered 
under an order of either or both branches of the legislature, shall be 
approved by the presiding officer of the branch by whicli the same is 
passed, and thereupon the auditor shall audit and certify the same, and 
the governor may tlraw his warrant theretbi'. But no such order shall 
authorize the expenditure of more than one hundred dt)llais, unless a 
specific appropriation of a larger sum has been jireviously made. 

Sect. 38. The term " inciLlental expenses," when used in an appro- 
priation, shall include expenses of postage, printing, and stationery. 

Sect. 39. An apjiroiiriation for a service or object for which a larger 
or ditterent appropriation has been made in some previous act or resolve, 
shall supersede the other. 

Sect. 40. Laws making appropriations for a specified year shall not 
be construed to prevent the application in the lollowing year of any 
unexpended balance, to the same objects. 

Sect. 41. Public functionaries charged with the execution of any 
service for which an apjiropriation is made, shall use every eft'ort to 
accomplish the same for a less sum than the amount of the !i]i]iro]iriation, 
when it can be done conformably to the interests of the state. No 
public functionary shall make purchases or incur lialiilities in the name 
of the commonwenlth for a larger amount than tliat which has Ijeeii 
appropriated bylaw for the service or object; and the state sliall be 
subject to no res])onsibility for the acts of its servants and officers beyond 
the several amounts duly appropriated by law. But this section shall 
not prevent public officers or boards fi-om continuing the several de- 
partments of service under their charge during the month of January, 
until tlie ])leasure of the legislature is made known, at the rate of expen- 
diture autliorize.l by the appro]iriations for the preceding year. 

Sect. 42. No public officer or board shall incur any new or unusual 
expense, make any iiennanent contract, increase any salary, or ciujiloy 
any new clerk, assistant or other subordinate, unless an aj)pro]iriatiou 
sufficient to cover the necessary expense thereof has been previously 
made by the legislature. 

Sect. 43. No permanent improvements, .alterations, or additions, 
shall be made in any of the buildings belonging to the conimoin\ ealth, 
until specific descriptions of such intended changes, and estimates of 
the expenses thereof; have been submitted to the legislature, and special 
appro])riations made therefor; but this shall not |irohiliit ex])enditures 
necessary for kee]iing said buildings and the grounds appurtenant thereto 
in good order and condition. 

Sect. 44. Before any charges are paid in bills or schedules for articles 
purchased, services rendered, or ex])enses incurred, for the common- 
wealth, exce]it for salaries fixed by law or payments otherwise provided 
for, the auditfir may, and wliere the amount exceeds fifty dollars sliall, 
require affidavit to be made that such articles Jiave been ]iurchase(l, ser- 
vices rendered, and expenses incurred. All original bills, and original 



Chap. 16.] 



BO.IKD OF AGRICULTURE. 



141 



bills included in such schedules, shall, witliin one month after the money 
has been paid, be delivered to the auditor to be retained by him. 

Sect. 4.5. No committee of the legislature shall incur any expend!- Committoos not 
ture or liability in behalf of the state, after the close of the regular ses- u"'"!.",^'". ' "*' 
sion, unless tiiere is a subsisting appropriation therefor; and the amount k**. Jj<*> § ^-■ 
of the ex]tenditure or liability shall be limited by the apjtropriation. 

Sect. 46. An3' apiiropriation for fees of witnesses before committees Appropri.ition 
of t!ie legislature, may be applied so tar as necessary to pay the expense nmy iic apiiii-d 
of taking depositions ordered or authorized by such coniniittees. Bills t'.' '"'^'"S '■''I'o- 
for such fees or exiieiises of depositions shall be approved and audited ibsy, aii, § i. 
as provided in section thirty-se\en. 

Sect. 47. In cases not otherwise provided for, the compensation for Componeation 
tlie sen'ices ot committees ot the legislature appointed to act during ^rs, &(-., to hu 
the rece.ss, and that of legal counsel and commissioners a])pointed by ll'Jv'["yior au'd' 
the executive, shall be determined by the governor an<l council, who onmcii. 
shall approve such claims before they are sent to the auditor of accounts. ''^''' "'■ 

Sect. 48. Commissioners and other public officers having jurisdiction Travelling cx- 
throughout the commonwealth, to wlujm travelling ex])enses are allowed, ii',"oi'iu.erB. 
shall receive for each mile actually travelled, not more than three and ''"'•'' ~'' 5 "• 
one-half cents a mile each way, nor more than the amount actually 
expended. 

Sect. 49. No bill of charges against the state shall be allowed and Riiis of charges 
paid, unless it specines the items. .tciuB. 

Sect. 50. The secretary, treasurer, auditor, land agent, and adjutant- i,-->-', :«. 
general, shall lay before the legislature, at the commencement of the to licy boioro 
annual session, an account of the salaries and allowances received Ijy I.'uf,',ufof e."?" 
them and their clerks, and all other expenses of their offices, for the pinst-s, &c. 
preceding year, with a statement of the names ;md periods of service aus. * ' ' 
of each clerk employed. 



CHAPTER 16, 



OF THE STATE BOARD OF AGRICULTURE. 



Section- 

1. Board, how constituted. 

2. Tenure of office of members — vacancies, 
how filled. 

3. Hoard to meet at state house. Members to 
have no compensatiou, except for expenses. 

4. Secretary and clerk, salaries of, &c. 

5. Hoard to investigate subjects relating to 
agriculture, take donations, &c. 



Section 

6. Board to provide forms and regulate re- 
turns of agricultural societies, &c. 

7. to report to legislature. 

8. Secretary to publish for distribution ab- 
stracts of returns of agricultural societies. 

9. ma/ appomt agents. Agents to report 
to. 



Section 1. The governor, lieutenant-governor, and secretary of the Board, how con- 
commonwealth, one person a]ipointed from and by eacli agricultural i^':."'h2, 5 1. 
society which receives an annual bounty from the state, and three other 
persons appointed by the governor with the advice and consent of the 
council, shall constitute the state board of agriculture. 

Sect. 2. One-third of the appointed members of the board shall Tenure of office 
retire from office on the first Wednesday of Februaiy in each year, ?a,l"n"ierhmv 
according to their appointments. The vacancies thus occurring shall be filled. 
filled by the governor and council, or the agiicultural societies, as the ^'^-' '■'^i 55 •> -• 
offices were before filled, and the persons thus appointed shall hold their 
offices for three years from the expiration of the former terms. Other 
vacancies may be filled in the same manner for the remainder of the 



142 



COUNTIES AND COUNTY OFFICERS. 



[Chap. 17. 



Hoard to meet 
at Btate house. 

to have no 
coinpcnsatioa 
except, &e. 
1S5S, Hi, § 4. 

secretary, .tc. 
)s.V_', II',', §4. 
Ucsolves, l,S;i4, 
7-i. 183ft, 40. 
See Oh. 13, § 38. 

l^oard to inves- 
ti;4"iite subjects 
relatinj^ to n;^- 
ricultiire, take 
donations, &c. 
IKua, 142, § 3. 
to provide 
forms, rcLj^ulate 
returns, itc. 
1S33, 127, § 2. 



to report to 
lej^islature. 
ISO-.', 142, § 4. 
See Cb. 4. 



Secretary to 
jjublish ab- 
BtractR, &c. 
lS-1?, lift, § 4. 
KS52, 142, § 4. 

may appoint 
agents, Ac. 

agents to re- 
port to. 
1859, 203, § 1. 



vacant temis. The present members of the board shall continue to 
hold their offices duriiii;' tlie terms for whioli they are ajiiioiiited. 

Sect. 3. The board shall meet at the state house at least once in 
each year, and as much oftener as may be deemed expedient. No 
member thereof shall receive compensation from the state, except for 
personal expenses Avhen engaged in the duties of the board. 

Sect. 4. They may appoint and prescribe the duties of a secretary 
of the board, who sliall receive a salary of two thousand dollars a year; 
and who at such times as the board approve may employ a clerk at a 
salary not exceeding six hundred dollars a year. 

Sect. 5. They shall investigate such subjects relating to im])rovement 
in agriculture in this state as they think proper, and may take, hold in 
trust, and exercise control over, donations or bequests made to them for 
promoting agricultural education, or the'general interests of husbandry. 

Sect. 6. They may prescribe forms for and regulate the returns 
required of the dilferent agricultural societies, and furnish to the secre- 
tary of each, such blanks as they deem necessary to secure uniform and 
reliable statistics. 

Sect. 7. They shall annually on or before the fourth Wednesday of 
January, by their chairman or secretary, submit to the legislature a 
detailed report of their doings, with such recommendations and sugges- 
tions as the interests of agriculture may require. 

Sect. 8. The secretary of the board shall in each year cause to be 
made and published for distribution, as full an abstract of the returns of 
the agricultural societies as he deems useful. 

Sect. 9. He may appoint one or more suitable agents, to visit the 
towns in this state, under the direction of the board, for the purjiose of 
inquiring into the methods and wants of practical husbandry, ascertain- 
ing the adaptation of agricultural ]iroducts to soil, climate, and markets, 
encouraging the establishment of farmers' clubs, agricultural libraries, 
and reading-rooms, and of disseminating useful information in agricul- 
ture by means of lectures or otherwise. Such agents sliall annually 
in October make detailed reports to the secretary of the board. 



TITLE VI, 



CHAPTER 17. 



OF COUNTIES AND CERTAIN COUNTY OFFICERS. 



counties. 
Section 

1. Boundarios, powers, &c., of counties. 

2. Former coQvcyances to counties confirmed. 

3. In Suffolk, county property to belong to 
Boston. 

4. How county lands may be sold. 

6. Counties to provide public buildings ex- 
cept, &.C.. 

6. In Suffolk, public buildingB to be provided 
by Boston. 

7. County maps. 

8. Same subject. 



Section 
9. Counties of Suffolk and Middlesex to have 
common jurisdiction on Charles Kiver. 

10. Courts in Suffolk county to have concur- 
rent jurisdiction with courts of other coun- 
ties. 

COUNTY commissioners. 

11. County commissioners to bo sworn and to 
choose ch.iirman. 

12. Proceodin*js, if any of board are interested. 

13. If opposing- parties appear, throe disinter- 
ested commiseioners must act. 



Chap. 17.] 



COUNTIES AND COUNTY OFFICERS. 



143 



SEfTlOS 

H. CommissionerB may punish for contempt. 
15. processes of, Blieriffs and other oflBcers to 

execute. 
10. gcueriil powers of. 

17. to examiue aud allow treasurers* ac- 
counts, &.C. 

18. to make estimates annually, 
m. Penalties. 

20. Conimisfiioners and treasurer to publiBh 
county receipts and expenditures. 

21. Commissioners to apportion county taxes. 
2-'. Limit of couuty debt. 

2-1. Contracts above $.300, to be made in writing^ 
after proposals issued, &c. 

24. When reco^niizHUces shall be required of 
parties who apply for damag-es, Ac. 

25. Costs, itc, of applications for damages, to 
be included iu commis.sioners' estimate. 

26. Proceedings not confined to the reg-ular 
meetings of commissioners. 

27. to be returned to the regular or.special 
meeting, &c. 

2S, Commissioners to furnish blanks, &c., to 

cities and towns. 
2'.). compensation of. 

30. Costs when petition is disallowed. 

31. Commissioners, times and places for meet- 
ings of. 

32. Selectmen of Nantucket to have powers of 
comraissiouers ; town may raise money for 
county expenses. 

33. Aldermen of Boston to have powers of com- 
missionersj, except, &c. 

34. In Cli<ls( a. North Chelsea, and TVinthrop, 
commissioners of Middlesex to act. 

35. To whom powers and duties of commis- 
sioners appertain. 

COL^-TY TKEASUKEnS. 

30. County treasurer to be sworn and give 

bond. 
37. compensation of. 
3S. vacimcy iu office of, how filled. 
31). to pay over moneys according to order 

of commissioners. 

40. to account with commissioners. 

41. Further assessments not to be made until 
treasurer's accounts are allowed. 

42. Treasurer may sue on bonds, Ac, given to 
predecessors, and prosecute for injuries. 

43. proceedings when public officer fails to 
pay over money to. 

4-1. orSufT.ilk. 
45. '.l*N;nitiirket. 
40. Incompatibility. 

BOARD OF EXAMINERS. 

47. Board of examiners in each county, except, 
&c., of whom to consist. 

48. duty of in respect to commissiouers' ac- 
counts. 

49. compensation of. 

BOARD OF ACCOUNTS IX SUFFOLK. 

50. In SulTolk, board of accounts to examine 
and settle accounts, &c. Compensation. 

SHERIFFS. 

51. Sheriffs, to be sworn and give bond. 
5','. vaoniicics in office of, how filled. 

53. may appoint deputies. 

54. bonds of, to be annually examined by 
superior court, &c. ; if insufficient, new to 
be given. 

55. sureties of, may be discharged, when, &c. 
66. penalty on, for neglect to give bond. 



Section 

57. Sheriffs, bond of, may bo sued. &c. 

58. Actions for malfeasance, &c., of sherifTs or 
deputies to survive. 

59. Treasurer to furnish copies of bonds. 

60. Sheriffs not to be arrested. E.xccutions to 
run against property only. 

01. liabity of, when execution is returned un- 
satisfied. 

62. upon removal of, alias execution may 
issue against their bodies, S:c. 

63. Defaults of deputies, &c., after death, Ac, 
of sheriff, to be adjudged a breach. 

04. Sheriff and deputy not to act as attorney. 

Penalty. 
65. shall serve all writs, Ac. ; may ser^'e 

where their towns, &c., arc parties, &c. ; 

may attend juries for assessing damages, 

&c. 
Oft. may serve demands, &c., by copy. 

67. may command aid. 

68. may serve writs after sheriff's removal 
from office. 

69. to attend courts, Ac. 

70. compensation allowed to, in each county. 

71. to render account to county treasurers 
of all money received. 

72. to make returns of moneys received, &c., 
and number of days* attendance upon 
courts. Penalty. 

73. Secretary to furnish blanks. 

CORONERS. 

74. Coroners to be sworn, and give bond. 

75. Superior court to examine into sufficiency 
of coroner's bonds; if insufficient, new to 
be given. 

70. Surety of coroner, may petition to be dis- 
charged. 

77. Penalty for neglecting to give bonds. Suits 
on coroner's bonds. 

73. Coroner to execute process where Bhei-iff is 
a party, &c. 

79. shall perform duties of sheriff during 
vacancy iu sherifTs office. 

SO. may require aid ; not to act as counsel, &c* 

COMMISSIONERS OF INSOLVENCY. 

81. Commissioners of insolvency to be sworn. 
Vacancies in office of, how filled. 

REGISTERS OF DEEDS. 

82. Districts in Berkshire, middle, northern, 
southern. 

83. in Bristol, southern, northern. 

84. in Jliddlesex, northern, southern. 

85. Registry of deeds in other counties. 
8(). Register to be sworn, aud give bond. 

87. may be appointed iu certain cases. 

88. may be removed. 

80. must reside where office is kept. 

90. Deeds to bo recorded in county or district 
where tlie estate lies. 

91. Special provision respecting Barnstable. 

92. Register to keep book for uotiug receipt of 
deeds. 

93. Deeds to be noted tliereiu when received. 
1*4. Manner of recording instruments, &c. 

95. Certificate to be made on deed, when re- 

cordetl. 
06. Form of indexes to he kept by registers. 
97. Entries to be made within twenty-four 

hours, &c. 
9S. Provisions respecting entry of name of 

grantor of estates conveyed by sheriffs, &c. 
09. Deeds of executors, &c., and partitions of 

land, how indexed. 



144 



COUNTIES. 



[Chap. IT. 



Section 

100. Registers to make annunl returns to secre- 
tary of number of instruments recorded, 
amount of lees received, &c. 

101. Form of such returus. 

103. Abstract of returns to be laid before legfis- 
lature. 



Section 

103. Copies of indexes to be made annually, in 
which surnaraes shall be assorted into dis- 
tinct alphabetical lists, &c. 

104. Copies of indexes or new indexes may be 
made, and may be printed for sale, &c. 



Boundaries, 
&c., of counties. 
Mass. Records, 
llH3,vol. L', p. :is. 
HH)2, vol. 4, pait 
2, p. 5a. I'lym. 
Records, 1IW5. 
Statutes, 10'j:S, 
2. 169o, 8. 1731, 

n. iriii, 4. 

lr03, 43. 1S03, 
14. 1811, 01. 
1812, 8?. U. .S. 
14, §? 1,4, .5. 
See Ch. 1, § 1. 
Former convey- 
ances to coun- 
ties, confirmed. 
E. S. 14, § 0. 

In Suffolk coun- 
ty property to 
belong to Bos- 
ton. 

R. S. 14, § 7. 
1852, 53. 
1857, IS. 



How county 

lands may be 

sold. 

K. S. 14, § 8. 



Counties to pro- 
vide public buil- 
dings, e.vcept, 
&c. 
K. S. 14, § 9. 

In Suffolk, to 
be provided by 
Boston. 
E. S. 7, § 20. 
R.S.14,§§ 10,34. 
1854, 448, § 3iJ. 
County maps. 
184(1, 241, §2. 
1853, 325, § 1. 



Same subject, 
isl'-., 24l,§3. 
1853, 323, § 2. 



Counties of Suf- 
folk aud .Mi:l- 
dlesex to Iiave 
common juris- 



COTTNTIES. 

Section 1. The boundaries, rights, duties, powers, privileges, and 
immunities, of the several counties, shall remain as now estalilished. 
Each county shall continue a body politic and corporate for the follow- 
ing purposes : to sue and be sued, to purchase and hold for the use of the 
county personal estate and lands lying within its own limits, and to 
make necessary contracts and do necessary acts in relation to the prop- 
erty and concerns of the county. 

Sect. 2. Real and personal estate heretofore conveyed by any form 
of conveyance to the inhabitants of a county, to the county treasurer, or 
to a conunittee, or other persons, for the use and benefit of a county, 
shall be deemed to be the property of such county ; and such convey- 
ances shall have the same force and efiect as if made to such counties 
by their respective corporate names. 

Sect. 3. In the county of Suffolk, the real and personal estate which 
on or before the twentj'-third day of June in the year one thousand 
eight hundred and thirty-one belonged, or was deemed and taken to 
belong, to said county, .shall belong to and be vested in the city of Bos- 
ton ; and the city of Chelsea, and towns of North Chelsea aud Wiii- 
tlirop, shall have no right, title, or interest, therein. 

Sect. 4. The county commissioners, or other public officers having 
the charge and management of the county lands, may by their order of 
record appoint agents to sell any real estate of their county ; and deeds 
made on behalf of the inhabitants of the county bj^ such agents, under 
their proper hands and seals, and duly acknowledged by them, shall be 
sufficient to convey the right, title, interest, and estate, which the county 
then has to the lands so conveyed. 

Sect. 5. Each county except Suffolk shall provide suitable court 
houses, jails, houses of correction, fire-proof offices, and other necessary 
public buildings for the use of the county ; except that the county of 
Dukes County need not provide a house of con-ection. 

Sect. 6. In the county of Suffolk, the court houses, jails, house of 
correction, fire-proof offices, and other necessary pulilie buildings, for the 
use of the eounty, shall be provided by the city of Boston, and said city 
shall pay all county charges. 

Sect. 7. Changes in the boundaries of cities and towns, the courses 
of roads, railroads, and canals, and other topograjiliical alterations in 
each county, shall be correctly and ftiirly delineated on the county 
maps in the possession of the county commissioners, wiio shall retain 
said maps, and from time to time cause such delineations to be made 
thereon. 

Sect. 8. The secretary of the commonweahh shall, as often as 
necessary, transmit the manuscript county maps in his office to the 
respective county commissioners, who shall cause to be transferred 
thereto, by a competent engineer or surveyor under their direction, all 
alterations and corrections mentioned in the preceding section, and shall 
within two months after receiving the same return such maps to the 
office of the secretary, who shall immediately cause the alterations to be 
delineated on the plates of the state ma]i. 

Sect. !». The jurisdiction of the counties of Suff"olk and Middlesex 
shall be in common in and upon the waters of Charles River; that is to 
say, all that space which lies within the banks of the river so far as the 



CUAP. 17.] COUNTY COMMISSIONERS. 145 

same runs between said counties. All offences committed within the diction ou 
banks of the river, as above described, may be heard, tried, and j)un- k.' s^'h/ §§ "'3. 
ished, in that county in which legal process against the offender is tirst 
issued, in like manner as if such offence had been committed in such 
county ; and civil process ti-om either county may run into and be 
executed within the common jurisdiction. 

Sei't. 10. The courts in the county of Suffolk, coneuirently with the rourtsin Suf- 
courts of the several other counties in which parts of the territorv here- w,'!?""'-',", 
matter described are situated, sliall have jurisdiction ot all crimes, jurisdiction 
offences, and misdemeanors, committed on the islands or waters in lios- oth'Jr'^munties. 
ton harl>or which lie westerly of a line drawn from Point Altlerton to is*^, 135. 
the easternmost point of the Outer Brewster Island, and from thence to 
Short Beach, at the line dividing the towns of Xortli Chelsea and 
Winthrop, as if said islands and waters were within the limits of the 
county of Suffolk. 

COUNTY commission:ers. 

Sect. 11. County commissioners before entering upon their duties Conntycom- 
shall be sworn, and at their first meeting after the annual election in s"'.o^ra"&e''."''"' 
each year, shall choose a chairman of their board by ballot. }<■■ s. I'i, §§ 24, 

Sect. 12. If either of the county commissioners is interested in a Ti-'ji, ~, §4. 
question before the boartl, or if any part of a road upon which they are ';iocecding^, if 
to act lies within the city or town in which either of them resides, or If estod. 
either of them is unable to attend, or if there is a vacancy in the board, JJjj? ' ,'5 ' ^ ^''" 
the other member or members shall give notice to one or both of the ;; Met. ,fji.^ 
special commissioners, as the ease may require, who shall forthwith pro- !,■! Gray, 1:?. 
ceed to act as a member of the board. If a board cannot be organized 
in conformity with these provisions, then such residence in the city or 
town in which the road lies, shall be no disqualification. 

Sect. 13.' Xo business in which opposing ])arties appear, shall be ifopposingpar- 
finally deterniiued, except by consent, unless there are three disinter- JjI'ree'JSmnufl- 
ested commissioners present and acting thereon ; but the provisions of ^^'oners to aw. 
this and the preceding section, except so much thereof as relates to pro- isi7,'igi. '' 
ceedings in ease of a vacancy, shall not extend to the county of Dukes •* *^"^^- '■• 
County. 

Sect. 14. The commissioners when assembled for the performance commissioners 
of their duties, may administer oaths to witnesses, and punish disorderly "".'S^Miii't!'' ^°^ 
conduct causing an interruj)tion to the business of their meeting, or n.s. w,§2. 
amounting to an open and direct contempt of their authority or ]>«•- ^^^' ' 
sons, by fine not exceeding five dollars, or bv confinement in the custody 
of the sheritt" or a deputy-sheriff, coroner, or constable, for a time not 
exceeding twelve hours. 

Sect. id. Sheriffs, deputy-sheriffs, coroners, and constables, shall sheriffs, Ac, to 
serve and execute all legal warrants and processes to them directed by l^^XIs^ ''™ 
the commissioners. k. s.s4, §3. 

Sect. 16. The commissioners shall have authoritj' : Commission- 

First, to proviile for the erecting and repairing of court houses, jails, [XucrTof! 
and other necessary pubUc buildings, within and for the use of the «• s. 14, § 31. 
county. 

Second, to represent their county, and to have the care of the county 
propert}-, and the management of the business and concerns of the 
count}-, in all cases which are not otherwise specially provided for. 

Third, to do such other acts as may be necessary to carry into effect 
the powers given them by law. 

Sect. 17. They shall examine and allow the annual accounts of the to examine 
county treasurers, and allow and settle all accounts of the receipts and *o',|',rt/Tc.''° 
expenditures of the county. k. S. 14, §§'31, 

Sect. 18. They shall annually prepare and make up to the last day '^'io make esti- 
of each year, the estimates of taxes for all county charges and debts for ""tes annually. 
13 19 



146 



COUNTY COMMISSIONERS. 



[Chap. IT. 



R. S. 14, §§ 31, 
32, 35. 
1836, 137. 



Penalties. 
1847, 199. 



CoramissionorB 
and treasurer to 
publish eounty 
receipts jind ex- 
penditures. 
11. S. 14, § 35. 
1853, 310, § 1. 



Commissioners 
to apportiou 
county taxes. 
K. S. 14, §§ 31, 
33. 

Countv debts. 
1,^3, .310, § 2. 
lSi)4, 2:i-(. 
lS5tf, 2^31. 



Contracts above 
$:lOi» to be ni-ide 
in writiUL^ alter 
proposals is- 
sued, Are. 
1831, 2UiJ. 



In what cases 
reco<rnizauces 
shall be requir- 
ed of parties 
wlio apply for 
damac^es, &c. 
is:iii, !;r,s, § 1. 
1847, 2o», § 2. 
1857, 213, § 4. 
See Cll. 43, § 43. 



Wlien dama!^C8 
assessed, eo.^ts, 
&c., to be add- 
ed. 
1830, 278, § 2. 



Procecdinfjs at 
otiier tiTues 
tliau re;,^ular 
meetinj^^s. 
1k:w, rr., § 2. 
lS4ii, 271. 
1847, 2a'J, § 1. 



the year then next ensuing ; including the building and repairing of 
court houses, jails, houses of correction, and other county buildings, 
with their a|)purte!iances. The estimates so made up and approved by 
them, shall be recorded by their clerk in a Ijook kept for that purpose ; 
and a fair coiiy thereof, with a statement of the amount of borrowed 
money due from the county, and the amount of taxes due and unpaid, 
at the time of making said estimates, signed by the presiding commis- 
sioner and attested by their clerk, sliall, with the treasurer's accounts, be 
sealed up and transmitted by the clerk to the office of the secretary of 
the commonwealth on or before the first day of February next after 
making up the same, to be laid before the legislature for examination 
and allowance. 

Sect. 19. Any county commissioner, clerk, or other officer, who 
neglects to perform a duty required of him by the two preceding sec- 
tions, shall forfeit fifty dollars. 

Sect. 20. The county treasurer and commissioners of each county 
except Suflblk shall at the close of each year publish in one or more 
newspapers, not exceeding three, printed in the same or an adjoining 
county, an account of the receipts and ex]ienditures of their county, 
arranged under distinct heads, and a specific statement of the debts of 
the county, the purposes for which they were contracted, and the time 
when they become due. 

Sect. 21. The commissioners shall apportion nil county taxes ac- 
cording to the then last state v.aluation, and shall by their clerk certify 
to the assessors of the several cities and towns their respective portions 
thereof. 

Sect. 22. The commissioners may renew the whole or any part of 
the county debts, negotiate loans in anticipation of and to be paid from 
the annual tax when collected, and contract new debts not exceeding in 
any one year or for any one object, thirty dollars for each oiie thousand 
inhabitants of the county. 

Sect. 23. All contracts to be made by the commissioners for jiublic 
works, shall, if exceeding three hundred dollars in amount, be made in 
writing, after notice for jiroj^osals therefor has been issued and published 
at least tliree times in some newspaper published in the county, city, or 
town interested therein. 

Sect. 24. When a person or corporation applies to the commission- 
ers to estimate or assess damages sustained by reason of property taken 
or intended to be taken for the purposes of a railroad or other corpora- 
tion, or to ])erfonu any other official act in relation to matters in which 
the county has no interest, the commissioners, before proceeding to act, 
shall require the p.arty to enter into a recognizance to the county, with 
sureties to their satisfaction, for the payment of all costs and expenses 
which shall arise by reason of such application and the proceedings 
thereon ; and the s.ame remedy shall be had to enforce the p.apnent 
thereof, as is provided in the case of recognizances entered into under 
the provisions of chapter forty-three. 

Sect. 2.5. The commissioners, when application is made by a party 
whose property has been or is intended to be taken by a railroad or 
other corporation, shall, if tliey assess damage, add thereto tlie amount > 
of costs and expenses incurred by reason of the application and the pro- ! 
ceedhigs of the commissioners tliereon. 

Sect. 26. The commissioners or the chairman of the board may, at ^ 
other times than at regular meetings, receive petitions rel.iting to rail- 
roads or to matters in which the county has no interest, and take recog- 
nizances tliereon, and u])on such petitions, and similar petitions entered'^ 
at a regular meeting and jiending before them, may apjioiut times ford 
hearing the parties, and acting thereon, and direct proper notices to be 
given to persons interested. 



Chap. 17.] county commissioners. 147 

Sect. 27. The commissioners and chiiirman shall make return of PotitionK, f^c, 
such petitions and recognizances, with their j>roceedings, at any regular \" n':.na "™r'' 
meeting, or special meeting held for that purpose ; their clerk shall enter special meei^ 
the same of record, and such further proceedings shall be had thereon SnIi, r"; § 3. 
as the case shall require. The costs of such special meetings shall be }^'J' f^!^- j 
paid by such of the parties as the commissioners decide. '"' ' 

Sect. '28. The commissioners shall annually, before November, rommissionciii 
furnish to the several clerks of the cities and towns, blank fonns and {,"„uks''&c 
envelopes for returns of votes for commissioners, county treasurer, and isi^, lae. 
register of deeds, with such printed directions on the envelopes as they "^"' "'"'' ^ '' 
shall deem necessary for the guidance and direction of such officers in 
making the returns according to law. 

Sect. 29. The commissioners and special commissioners of each compcnsntion 
county shall receive from the county treasury, in equal semi-annual "4ii 103 §s 1 j 
payments, in January and July, in full payment for all their services 3. "' 
and travel in their respective counties, and to be divided among them 
in proportion to the number of days and amount of travel actually 
performed by them respectively, annual salaries as follows: — 

For the county of Barnstable, eight hundred dollars : 

For the county of Berkshire, twelve hundred dollars : 

For the county of Bristol, eleven hundred dollars : 

For the county of Dukes County, two hundred dollars: 

For the county of Essex, twenty-five hundred dollars: 

For the county of Franklin, nine hundred dollars: 

For the county of Ilanqiden, fourteen hundred dollars: 

For the county of Hampshire, nine hundred dollars: 

For the county of Middlesex, three thousand dollars: 

For the county of Norfolk, eighteen hundred dollars: 

For the county of Plymouth, fifteen hundred dollars : 

P\)r the county of Worcester, twenty-two hundred dollars. 

Sect. 80. When a petition to the commissioners is disallowed, and Costs wiion po- 
costs are chargeable to the petitioner, there shall be taxed for etu'li com- kwed!"'"^'''' 
missioner at the rate of three dollars a day for time, and five cents a im'-'. i'«3, §4. 
mile for travel to and from the place of meeting, to be paid into the 
county treasury. 

Sect. 31. The commissioners shall hold meetings in their respective 'rimes aud 
counties at the following times and places : — j;!^;'';'' '"■" """* 

In the county of Essex, at I])swich, on the second Tuesday of April ; Es°scx. 
at Salem, on the second Tuesday of July; at Newburj-]iort, on the "bf.'a^;'.* "■ 
second Tuesday of October; and at Lawrence, on the last Tuesday of 
August ; and on the fourth Tuesday of December, at Ipswich, Salem, 
or Newbury])ort, as they shall order at their next preceding tenn. 

In the county of Middlesex, at Cambridge, on the first Tuesday of Middlesex, 
January; at Concord, on the first Tuesday "of June; and at Lowell, on I^.^k'*'^"" 
the first Tuesday of September. issrjao. 

In the county of Worcester, at Worcester, on the fourth Tuesday of Worcester. 
March, the third Tuesday of June, the second Tuesday of September, «• '^^ ^-i' 5 <■■• 
and the fourth Tuesday of Deceml)er. 

In the county of IIam|ishire, at Northampton, on the first Tuesdays Hampshire, 
of March, September, and December, and on the Tuesday next aft'er J^-„?;.|f,'.^''- 
the second Monday of June. 

In the county of Franklin, at Greenfield, on the first Tuesdays of Franklin. 
March and September, and the second Tuesdays of June and De- i'-Sm.S6- 
cember. 

In the county of Hampden, at Springfield, on the second Tuesday of Hampden. 
April, the firet Tuesday of October, and the fourth Tuesdays of June "• ^- ^^ ^ "• 
and December. 

In the county of Berkshire, at Lenox, on the first Tuesdays of Jan- ^l^^^l!'' 
uary, April, July, and September. is4(i;77.' 



148 



COUNTY TREASURERS. 



[Chap. 17. 



Norfolk. 
U. S. ■■4, § 6. 
1*37, 200. 

riymouth. 

1£. S. Si, § 6. 

Bristol. 

K. S. 84, § 6. 

Barnst.ible. 
K. S. cH, § 6. 

Dukes County. 
1!. S. S4, § 0. 



Powers of com- 

Hiissionors, aud 

county c.Kpcn- 

8P8 ill Nau- 

tueket. 

R. S. 14, § .30. 

183S, 71, § 1. 

in Suffolk. 
K. .S. U, § 3!1. 
ISoJ, -Hti, § 33. 



lu Chelsea, 

North Chelsea, 

aud Winthrop, 

commissioners 

of Middlesex to 

act. 

It. S. S4, §§ 4, 7. 

1831,3311. 

1852, 103. 

1837, 14, 18. 

1833, 103. 



To whom pow- 
ers and duties 
of commission- 
ers appertidn. 
K. .S. 14, § 37. 
1847, 19'J. 



In the county of Norfolk, at Deilham, on the third Tuesday of April, 
the fourth Tuesdays of June and September, and the last Wednesday 
of December. 

In the county of Pljnnouth, at Plymouth, on the first Tuesday of 
January, the third Tuesday of March, and the lirst Tuesday of August. 

In the county of Bristol, at Taunton, on the fourth Tuesdays of 
March and Se]itember. 

In the county of Barnstable, at Barnstable, on the second Tuesdays 
of April and October. 

In the county of Dukes County, at Edgartown, on the Wednesday 
next after the third Monday of May, and the Wednesday next after the 
second Monday of Xovember. 

Sect. 32. In the county of Nantucket, the selectmen of the town of 
Nantucket shall have like powers and perfbim like duties, as are exer- 
ciseil and performed by the commissionei-s of other counties ; and said 
town may raise such sums of money as may be necessary for defi'aying 
the expenses of the county of Nantucket. 

Sect. 33. In the county of Suflblk, the aldemien of the city of Bos- 
ton sh.all have like powers and perform like duties within said city, as 
arc exercised and ])erformed by the county commissioners of other 
counties, except such as relate to trials by jury, and the recovery of 
damages on such trials, in laying out, altering, or discontinuing, high- 
ways or town ways. 

Sect. 34. In the county of Suffolk, the county commissioners for 
the county of Middlesex shall have jurisdiction within the city of Chel- 
sea and the towns of North Chelsea and Winthrop, and shall exercise 
and perform therein all the powers and duties relating to highways and 
to all other matters which in their own county are committed to their 
control and direction, except as is otherwise provided by law ; and 
when ])ertbrming duties which relate to said ]ilaees, they shall be paid 
therefor by said places, or either of them, in such jjrojiortions as the 
commissioners may direct, at the rate of three dollars a day, and five 
cents a mile, travel, for each commissioner attending in the case. 

Sect. 35. All the provisions of law concerning the powers, duties, 
and liabilities, of county commissioners and their clerks, shall, exeejit 
where otherwise specially provided, be construed to include and apply 
to all other public oflicers who by law exercise the powers of such com- 
missioners or clerks in the respective counties. 



County treasu- 
rer to be sworn 
and give bond. 
K. S. 14, § 45. 



compensation 
ef. 

K. S. 14, § 51. 
ISSa, 253. 



COUXTY TEEASUREKS. 

Sect. 36. The treasurer shall be sworn by the county commissioners 
or any one of them, and shall give bond to the county, with suificient 
sureties and in such penal sum as the commissioners direct, for the faith- 
ful discharge of the duties of his office. 

Sect. 37. The treasurer shall be furnished by the county with an 
office in the court house or other county building ; and receive in quar- 
terly pajinents from the treasury an annual salary, in full for all ser^•ices 
by him performed, as follows ; — 

For the county of Barnstable, five hundred dollars : 
For the county of Berkshire, eight hundred dollars : 
For the county of Bristol, eleven hundred dollars: 
For the county of Dukes County, one hundred dollars : 
For the county of Essex, fifteen hundred dollars : 
For the county of Franklin, six hundred dollars: 
For the county of IIanip<len, eight hundred dollars : 
For the county of Ilanipshire, six hundred dollars: 
For the county of Middlesex, two thousand dollars : 
For the comity of Norfolk, eleven hundred doUars : 



Chap. 17.] boards of examixeks and accounts. 149 

For the county of Plymouth, six hundred dollars : 

For the county of Worcester, fifteen liundred dollars : 

Sect. 38. If the otiiee of treasurer becomes vacant by the death, Trrasurcr, vn- 
removal from the county, or incapacity, of the treasurer, or otherwise, ™'ho"\rik-d'; 
the commissioners shall appoint some suitable person resident in the i'-s. h, §«.' 
county to fill the vacancy. The person so aiijiointed, upon being sworn 
and giving bond, shall be treasurer until another is elected and qualified 
in his stead. 

Sect. 39. Tiie treasurer, except where provision is otherwise made topnyovor 
by law, shall jiay all money received by him for the use of the county, Sionersdi'-' 
as tlie commissioners shall direct. rect. 

Sect. 40. At the close of each year he shall render his account to ^to",i"'ount' 
the county commissioners and account with them for all monev received wi'i' ™"i»»'s- 
and paid by him in behalf of the county, and when the account is ap- k..s.h,'§§3j,5i. 
proved and allowed, it shall be delivered by him to the clerk of the "^"' '■"'■ 
commissioners. If the treasurer neglects to ]»erforni the duty required 
of him by this section, he shall forfeit fifty dollars. 

Sect. 41. No further assessment shall be made on the several places no fiirthcr us- 
in the county until the treasurer thereof has rendered his accounts, mn(i""untii*"ilj« 
and they are laid before the legislature as provided by law, and allowed. fCTOunts aretd- 

it rrii ^ .,,*,. 1 1 lowed. 

Sect. 42. Ihe treasurer may prosecute to final judgment and exe- u. s. i4,§ 53. 
cution, suits upon bonds, notes, and other securities, given to the county oouuty''bouii8 
or to him or his predecessors in office, whether commenced by himself or ii;. 
his predecessor. He may prosecute for injuries done to the public lands, "•S-''*'5^*- 
buildings, or other ])roperty of his county. 

Sect. 43. If a public officer required bylaw to account with and to grivo no- 
pay over money to the county treasurer, fails to do so for ten days after p,"bnc 'officer'^'' 
the time prescribed by law therefor, the treasurer shall give notice iMistopnyover 
thereof to the district-attorney, who shall forthwith institute the neces- ibsa.'ai, § 4. 
sary proceedings for the recovery of the amount due. 

Sect. 44. In the county of Saffolk, the treasurer of the city of Bos- of Suffolk, 
ton shall be the county treasurer. ilif, -hs-.V^. 

Sect. 45. In the county of Nantucket, the treasurer of the town of of Xantuckct. 
Nantucket shall be county treasurer. ^' *• '*' * ***• 

Sect. 46. No person holding the office of attorney-general, district- incompatibiu. 
attorney, justice of the superior court, clerk of the courts, or sheriff, if/g. ]4,§w. 
shall be county treasurer. it^a. ii». 

BOARD OF EXAMINERS. 

Sect. 47. In each county, except Suffolk and Nantucket, the iudge Board of pxam 

1 • ^ i' . I 1 . * .11 t 1 ... 1 . 1 iS T iners, ol whom 

and register 01 the proltate court, and the clerk ot the courts, shall be a tocousist. 
board of examiners for the county, and if two of said offices are held }^f\Jj*'A'^f"., 
by the same person in any county, the sheriff of such county shall be a 4,5.'" 
member of the board. ?f ^^- "' 55 '■»• 

Sect. 48. The board shall examine the accounts of the county com- to examine 
missioners for services rendered in the discharge of their duties ; and if Mmmlssiouers. 
it aijiiears that the accounts ought to be allowed, they shall make a cer- }*-.s- '■•.; § ■'■<■ 
tincate thereof upon the same. 

Sect. 49. The members of the board shall each be paid at the rate compensation 
of tiu-ee dollars a day for every day employed in the discharge of their k;s. 14, §40. 
duties, and ten cents a mile for travel to and from the ])lace of their 
meeting ; and their accounts shall be audited and settled by the county 
treasurer. 

BOARD OF ACCOITNTS IX SUFFOLK. 

Sect. .50. In the county of Suffolk, the judge of the probate court in Suffolk, 
and the justices of the jiolice court of the city of Boston shall be a countstocxam- 
board of accounts, three of whom shall constitute a quorum; who shall ineac<;ouut8,&c. 
13* 



150 



SHERIFFS. 



[Chap. 17. 



Koard of ac- 
counts iu Suf- 
folk. 

U.S.H,§§ 41, 
4'>. 

1K43, 7, § 1. 
1S«, 61, §§ 1, 2. 



compenBatiou 



meet quarter yeai-ly, and as much oftener as may be necessary, to ex- 
amine and allow bills of costs, accounts, and charges arising in said 
police court and in the maintenance and keeping of the prisoners in the 
jail of the county of Sufi'olk, and of other ex])enses and charges in 
keeping said jail and other places of continement and punishment iu 
said city. They shall certify such accounts, charges, and expenses, as 
are allowed by them, by an indorsement thereon addressed to the juib- 
lic officer by whom the same are payable. They shall each receive 
three dollars a day while employed in the discharge of said duties. 



Sheriffs to be 

sworu aud give 

lionil. 

Iv'. S. 14, § 58. 

I. ■>.-.•!, m. 

1^9, ItflS. 



vacancies la 
office of, how 
liiled. 

U. S. 14, §§ 56, 
(», 03. 
IBoli, 173, § S. 



mav .appoint 
(i'paties. 
It. S. 14, § 59. 

bonds of, to be 
annually exani- 
iiK'd by supe- 
rior court, &c. 
K. S. 14, § 03. 
1S59, 190. 



sureties of, 
may be dis- 
charged, when, 
.tc. 

K. S. 14, § 61. 
l!i59, 196. 



penalty on, 
for negl.'ct to 
give bond. 
li. S. 14, § 03. 
1S39, 191i. 



bond of, may 
be sued, .V-c. 
K. S. 14, §§M, 
(W. 
17 Mass. 507. 



SHERIFFS. 

Sect. 51. Every sheriff, before perfonning any official act by himself 
or deputy, shall be sworn, and sliall give to the treasurer of tlie common- 
wealth such bond with sureties as the su])erior court shall direct and 
apjirove, with condition that he shall faithfull)- perform his own duties 
and be responsible for all his de])Uties. 

Sect. 5li. If a vacancy occurs in the office of sheriff in any county, 
the governor with the advice and consent of tlie council may a|)]ioint 
and commission some person to fill the same, who shall liold his office 
until anotlier is elected and qualified. Every sheriff so ajipointed and 
qualified shall give immediate notice thereof to the several coroners of 
his county. 

Sect. 53. Each sheriff may appoint deputies, who before jiroceeding 
to execute any process shall be sworn. 

Sect. 54. The superior court shall once in each year examine into 
the sufficiency of the official bonds given by the sheriffs ; and if it a])- 
pears that any such bond is insufficient, the court shall cause a record 
thereof to be made by their clerk, give notice to the sheriff, and require 
him to give a new bond to the satisfaction of the court, within such time 
as they order. 

Sect. 55. When a surety upon the official bond of a sheriff, or the 
heirs, executors, or administrators, of such surety, shall, in the county of 
the sheriff', petition the su]ierior court to be discharged ii-oni the bond, 
the court shall cause the sheriff to be served with an attested co]iy of 
the jietition, and shall require him to give new security, to the satisfac- 
tion of the court, at such tiiae as they order. Upon new security being 
given, such surety, his heirs, executors, and adniiuistrators, shall be dis- 
charged from further responsiliility on the bond. 

Sect. 56. If a sheriff" neglects or refuses to give bond as required in 
this chapter, lie shall forfeit one hundred and fifty dollars for each 
month's neglect, and the attorney-general shall prosecute for the same ; 
and the siqierior court shall forthwith certify the fact of such neglect or 
refusal to the governor and council, and to the attorney-general. Unless 
such sheriff" satisfies the governor and council that there was reasonable 
cause for such neglect, and gives security to their satisfaction within 
t-iienty days after the date of such certificate, the governor with the 
advice and consent of the council shall remove him from office. 

Sect. 57. When the condition of the official bond of a sheriff" is 
broken, any person who has recovered judgment against the sheriff", his 
executors, or administrators, for a cause or injury which constitutes a 
breach of the condition of the bond, or has obtained an allowance of 
his claim against the estate of the sheriff" if settled as insolvent in the 
probate court, may at his own expense institute ami prosecute a suit 
thereon in the name of the treasurer. The writ shall be indorsed by 
the person for whose benefit the suit is instituted, or his attorney, and 
like ])roceedings shall be had thereon as in a suit by a creditor on an 
administration liond. The amount of such judgment or allowance, or 
such part thereof as remains unsatisfied, with the interest due thereon, 
shall be the sum for which execution shall be awarded. 



Chap. 17.] sheriffs. , 151 

Sect. 58. Actions for the malfeasance or nonfeasance of a sheriif or Actions a j.-unst 
Iiis de]iuties, m;iy be sued against the executors or administrators of suJ.'!";'.; '^'^■' '" 
such sherift'. in Uke manner as if the cause of action survived at common '\i^- 'li^ fJ'; 

law. See Oil. 1^7. 

Sect. 59. The treasurer of the commonwealth shall deliver an at- Treasurer to 
tested co]iy of the official bond of any sheritt' to any person applying of^'ierirs'"'^ 
and paying therefor ; and such copy shall be received as competent evi- boniis. _ 
denee in a case relating to the bond ; but if the execution of the bond ' ' ' 
is disputed, the court may order the treasurer to bring the original into 
court, for the jiurposes of the trial. 

Sect. 60. A sherift' shall not be arrested upon mesne process or exe- sheriffs not to 
cution in a civil action. When judgment is rendered against him, Execut'iaus to 
either in his ottieial or private capacity, ibr a sum of money, the execu- run "j^aiust 
tion shall be issued against his goods, chattels, and lauds, but not lt°H.\'i,\i'-",S'i- 
against his body. _ i Gray, si, no. 

Sect. 61. If an execution issued against the goods, chattels, or Uabiutyof, 
lands, of a person who is sheriif, shall be returned not satisfied, the J^'J.cn,'rMed"un-" 
creditor may file before the governor and council an attested copy of satisfied. 
such execution and return, and give notice of such proceedings to the ' "" ' 

sherift". If the sherift" does not within thirty days aiter such notice pay 
to the creditor the whole amount of his debt with reasonable costs of 
the copies and notiticutions aforesaid, the governor with the advice of 
the council shall remove him from office. 

Sect. 62. When a sherift" is removed under the preceding section, "po.n removal 
the clerk of the court from which any execution against him has issued, tion may i^Bue 
upon the return thereof unsatisfied, and .after the ap])ointment of another blj^j'^f j.'j,"''' 
sheriff", shall make out alias executions in common form, as well against ii. s. 14, § ro. 
the body, as the goods, chattels, and hinds, of the judgment debtor. 

Sect. 63. Any default or misfeasance in office of a deputy-sherifi" Defaults of dep- 
or jailer, after the death or resignation of the sherift" by whom he was do',,'li,', tc.', of '^'^ 
appointed, sliall be adjudged a breach of the condition of the official |'"'^''''- „ 
bond given by such sheriif. 7 isiass. W. ' 

Sect. 64. A sherift" or deputy-sheriif who appears in a court or be- l^.^f^ aurtdep- 
fore a justice of the peace as attorney or counsel for any party in a suit, uty not to act 
or draws, makes, or tills up a writ, declaration, ])loa, or process for such pena*it™^" 
part V, or witli intent to procure himself to be emijloyed in the collection h.s.h,§§ 79,80, 

' ,. ■ , , . ' 1 • i_. 1 i- 1 • <i Pick. 4S3. 

oi a demaml, or in any manner to make gam or ])rotit tlieretrom, advises, see§8o,andCh. 
counsels, or encourages any person, directly or iudiiectly, to commence i**- § •«• 
a suit or process, shall forfeit fifty dollars. 

Sect. 65. Sherifts and their deputies shall serve and execute, within shall serve 
their counties, all writs and precejjts lawfully issued to them ; may serve serve'whor"*'' 
writs or other processes in cases wherein a county, citv, town, parish, their towns, . 

... . ^ ,,-,... • * i 1 *. •*! «S:e., are oarties, 

religious society, or any school tlistrict, is a party or interestea,notwitn- &c. 
standing said officers are members of such corporations; and may sum- ju^eg^ J."""'' 
mon anil attend juries for assessing damages sustained by locating turn- k. s. h, §§ as, 
pike roads and railroads, when not members of such corporations. tvu-k. 40.5. 

Sect. 66. Tliey may serve by copy by them attested, all demands, may serve de- 
notices, and citations, and their returns of'service thereof shall be prima^ 7opf!'' ^'''' ''^ 
facie evidence ; but this provision shall not exclude the service thereof 
by other jiarties. 

Sect. 67. They may require suitable aid in the execution of their may com- 
office in a criminal case, or for the preservation of the peace, or for the S!"s'' i'4,''§ 72. 
apprehending or securing of a person for a breach of the peace ; and 1, Gray^ss. 
may require like aid in cases of escape or rescue of persons arrested seech.'is, § r^, 
upon civil process. _ and Ch. 103, §10. 

Sect. 68. They may execute precepts in their hands at the time of may serve 
their removal from office ; and in ease of a vacancy in the office of sher- X'ri'iT's remo- 
ifi; every cle]mty in office under him, having a writ or precept in his jJ;''g'''J™ ?™o'*' 
hands at the time such vacancy happens, shall have the same authority, 



152 



CORONERS. 



[Chap. 17. 



Sheriffs to at- 
tend courts, »&c. 
IS5U, 25?, § ;i. 

(^omponaation 
.-.Howeil to, iu 
riti^h couuty. 
1S5U, Uo7, § 1. 



to render ac- 
count and pay 
over money re- 
ceived. 
K. S. H, § 90. 
1859, 237, § 2. 



to make re- 
turn of money 
received, tte., 
and attendance 
on courts. 
Penalty. 
1»43, 75, §§ 4, 5. 
1850,31. 
1857, 40. 
IS-W, -Hi, § 1. 
1S59, 257. 



Secretary to 
furnish blanks. 
IS43, 75, § 4. 
1850, 31, § 2. 



and shall be under the same oblig.ation, to serve, execute, and return, 
such writ or preee])t, as if the sheriff had continued in office. 

Sect. 69. Sheriffs shall attend all courts in their respective counties, 
and meetings of the county commissioners when so ordered by the 
board. 

Sect. 70. The sheriffs shall receive annual salaries payable quarterly 
from the treasury of their respective counties, as follows : Of Biirnsta- 
ble, four hundred dollars; of Berkshire, eight hundred dollars; of Bris- 
tol, one thousand dollars; of Dukes County, two hundred dollars; of 
Esse.x, fifteen hundred dollars; of Franklin, seven hundred dollars; of 
Hampden, eight hundred dollars ; of Ham))shire, seven hundred dollars; 
of Midilk'sex, two thousand dollars; of Nantucket, two hundred and 
fifty dollars; of Norfolk, one thousand dollars; of Plymouth, six hun- 
dred dollars; of Suffolk, twenty-live huntked dollars; of Worcester, 
eighteen hundred dollars. 

Sect. 71. The sheriffs shall keep a true account of all fees and 
moneys received by virtue of their offices, and annually on or befoi'e 
the fifteenth day of December render to the treasurers of their counties 
under oath a true account thereof; and at the same time pay over to 
said treasurers all such moneys. 

Sect. 72. They shall annually on or before the fifteenth day of Oc- 
tober, return to the secretary of the commonwealth, under oath, a true 
account of all moneys received by them from all sources by virtue of 
their office, for the year ending the last day of the ])receding month ; 
designating the amount received from the county treasurer, ami from 
all other sources ; and specifying the amount received by them for fees 
in civil and criminal processes; with a statement of the number of days 
they have attended upon a court of record and the county commission- 
ers; and u])on more than one at the same time. If a sheriff neglects 
to make such return he shall forfeit two hundred dollars. 

Sect. 73. The secretary shall annually furnish the sheriffs of the 
several counties with blank forms for the returns required by the jjre- 
ceding section, and shall lay said returns before the legislature. 



Coroners to be 
sworn, &c. 
R. S. 14, § 93. 
bonds of, to 
be examined by 
superior court 
R. S. 14, § 94. 
1859, ISH. 



Surety may be 
discharged. 
1!. S. 14, §95. 

1,M59, l'.):i. 

See § 55. 



Pe?ialty fornej^- 
lectiny to j^ve 
bonds. 

Suits on coro- 
ners' bonds. 
K. S. 14, § 90. 



when to serve 
process. 
Jt.S.14,§§97,98. 
19 rick. 339. 
21 Pick. 535. 



CORONERS. 

Sect. 74. Coroners, before entering nyion the duties of their office, 
shall be sworn and give bond in the manner required of sheriffs. 

Sect. 75. The superior court .shall once in each year examine into 
the sufficiency of the official bonds given by the res))ective coroners; 
and if it a]>pears that the bond of any coroner is insuflicient, shall cause 
a record thereof to be made by the clerk, give notice to such coroner, 
and require him to give a new bond, to the satisfaction of the court, 
within such time as they order. 

Sect. 76. When a surety iijwn the official bond of a coroner, or the 
heirs, executors, or administrators, of such surety, jietition the siqierior 
court in the county of the coroner to be discharged from such bond, like 
proceedings shall be had thereon as are jirovided in case of a similar 
petition by a surety on a sheriff's official bond. 

Sect. 77. If a coroner neglects or refuses to give the bond required, 
or if the condition of his bond is broken to the injury of any person, 
he shall be liable to removal from office, and be subject to like penalties 
as sheriffs are in like cases ; and any person interested shall have reme- 
dies upiin the official bond of the coroner in like manner as is provided 
in the case of official bonds given by sheriffs. 

Sect. 78. Every coroner shall within Jiis county, when the .sheriff is 
a party, serve and execute all writs and precepts, and perform all other 
duties of the sheriff; and may serve and execute all such writs and ])re- 
cepts where any county, town, parish, religious society, or school tlis- 



Chap. 17.] commissioners of insolvency. — registers of deeds. 153 

triet, is a party or interested, notwithstanding he is at the time a mem- ' Met. 508. 
ber of sufh coiTioration. 1 Gray, si. 

Sect. 79. When the office of sheriff is vacant, the several coroners Coroner, when 
of the county may jierform all the duties required by law to be per- Iu.^o'/s™riff" 
formed by the sheriff, until another sheriff is appointed or elected and u. s. h, § iw. 
qualified, and they have notice thereof. ai^ic!^'^''""^* 

Sect. 80. Sections sixty-four and sixty-seven of this chapter shall ij,- ®- "■ 5§ '-> 
apply to coroners as well as sherifis. 

COMMISSIONERS OF INSOLVENCY. 

Sect. 81. Commissioners of insolvency before entering upon the CommiBsioners 
discharge of their duties shall be swom. If a vacancy occurs in the be '"j^."rn'f? Ja ° 
office of commissioner of insolvency in any county, the governor with oancies in office 
the advice and consent of the council shall appoint some person to fill "ws'THf "af' 
the same, who shall hold his office until another is elected as provided isso, i"3, §8. 
in chapter ten. 

REGISTERS OF DEEDS. 

Sect. 82. The county of Berkshire is divided into three districts for Districts in 
the registry of deeds, as follows : — Berkshire. 

The towns of Lenox, Pittsfield, Richmond, Stoekbridgc, Lee, Tjt- MitUiie. 
ingham, Becket, Washincton, Peru, Hinsdale, and Otis, constitute the .^''>'7,'""'°- 
middle district, and the office thereof shall be ke])t in the town of Len- it. s. n, §§ 110, 
ox; the towns which lie noi-th of the middle district constitute the lilj-'l^j"^' 
northeiTi district, and the office thereof shall be kept in the town of iws *• 
Adams; and the towns which lie south of the middle district consti- *"" 
tute the southern district, and the office thereof shall be kept in the 
town of Great Barrington. 

Sect. 83. The county of Bristol is divided into two districts for the in Bristol, 
registry of deeds, as follows : — 

The city of New Bedford, and the towns of Westport, Dartmouth, southern, 
and Fairhaven, constitute the southern district, and the office thereof f^]l"j™' 
shall be kept in New Bedford ; the other towns in said county consti- 
tute the northern district, and the office thereof shall be kept in the 
town of Taunton. 

Sect. 84. The county of Middlesex is divided into two districts for in Middlesex, 
the registry of deeds, as follows: — 

Tlie city of Lowell, and the towns of Dunstable, Tyngsborough, xorthem. 
Dracut, Tewksbury, Billeriea, Chelm.sford, Cariisle, Wilmington, Little- j'".;!""^'""- 
ton, and Westford, constitute the northern district, and tlie office thereof isjuj iib. 
shall be kept in the court house in Lowell; the other cities and towns 
in said county constitute the southern district, and the office thereof 
shall be kept in the city of Cambridge. 

Sect. 85. Each of the other counties shall continue to have an office in other coun- 
for the registry of deeds for such county in a shire town thereof. l'^"^ j^_ ^ ,03 

Sect. 86. Every register of deeds shall be sworn before one or more negister to be 
of the county conmiissioners, or in the county of Suffolk before one ^"n,™ '"'' ^' ° 
or more of the aldennen of Boston, and under their direction respec- R- s. h, § 102. 
tively shall give bond to the county for the faithful discharge of his 
duty. 

Sect. 87. In case of the death, resignation, or removal, of a register may be ap- 
of deeds, in the county of Suffolk the su]ierior court, and in any other {^""^ses ™'^" 
county the county commissioners at a meeting hehl at the place of tlieir n. s. 14, §106. 
next regul.ar meeting, sh:;!! forthwith appoint on their records some suit- "^'"'' '*'■ 
able person residing within the district to Vie register of deeds until the 
vacancy is filled Vjv a new election, as provided in chapter ten. 

Sect. 88. When a register of deeds, upon presentment of the grand may be re- 
jury, is found guilty of misconduct in discharging his official duties, or by ™°^<=''- 
'20 



154 



EEGISTERS OF DEEDS. 



[Chap. 17. 



K. S. 14, § 105. 
1859, 19(i. 



Ee^ster must 
reside where of- 
fice is kept. 
K. .S. H, § 103. 
18.37, 180. 
1855, 79. 



Deeds, where 
to be recorded. 
K. S. 14, § 114. 
R. S. 5!i, § 22. 
1«7, ISO, §§ 1, 4. 
1858, 254. 

Special provis- 
ion respecting 
Barnstable. 
K. S. 14, § 115. 



Reg;ister to 
keep book for 
notiuj^ receipt 
of deeds. 
K. S. 59, § 23. 



reason of infirmity of body or mind is incapable of rig-htly discharging 
in person tlie duties of his office, the county commissioners, or in the 
county of Suflblk the superior court, shall upon reasonable notice remove 
him from office, and may order the books, jiapers, and other things be- 
longing to the office, to be delivered to their clerk, or to a new register 
•when appointed or elected. 

Sect. 89. Every register of deeds shall reside in the citj- or town 
where tlie office of his registry is required to be, and sliall there keep 
all books, records, deeds, and papers, belonging to his office, and shall 
have such office open to the public every day except Sundays and i>ub- 
lic holidays. 

Sect. 90. Instruments required to be recorded in the registry of 
deeds, shall be recorded in the registry of the county or district where 
the estate lies, and in all things relating to the register or registry of 
deeds, each district therefor shall be deemed to be a county. 

Sect. 91. In the county of Barnstable, all records, deeds, and other 
instruments, made in pursuance of chapter one hundred and eiglit of 
the statutes of the year one thousand eight hundred and twenty-seven, 
and chapter forty of the statutes of the year one thousand eight hun- 
dred and twenty-eight, shall have the same effect as the original records 
of such deeds and instruments in the registry of said county would 
have had. • 

Sect. 92. Every register of deeds shall keep a book, each ]iage of 
which .shall be divided into si.x columns, with titles or heads, in the fol- 
lowing tbrm : — 



Date of 
reception. 



Grantors. 



Grantees. 



Town whore the 
lands lie. 



To whom delivered, 
after bein;' recorded. 



Fees received. 



Deeds to be 
noted therein 
when received. 
R. S. 59, § 24. 



Manner of re- 
cording- instru- 
ments, &c. 
1844, 104. 



Certificate to be 
made on deed 
when recorded. 
R. S. 59, § 25. 

Form of index. 
1845, 205, § 1. 



Sect. 93. He shall enter in said book all deeds and instruments left 
for record, and all copies left as cautions, in the order in wliich they are 
received ; noting in the first column the day, hour, and minute, of recep- 
tion, and the other particulars in the appropriate columns ; and every 
instrument shall be considered as recorded at the time so noted. 

Sect. 94. Every register shall record in a fair and legible hand- 
writing or in print, and in continuous successive lines, u])on the pages 
of the record book, all instruments he is required to reconl ; and shall 
note on the record, before attesting the same, all erasures and interlinea- 
tions made therein. 

Sect. 95. He shall certify upon every instrument reconlcd by him, 
the time when it was received, the number of the book, .-uid the page 
wliere it is recorded. 

Sect. 96. He shall keep two sets of indexes, each divided into five 
columns, with titles or heads in one set as follows: — 



Date of reception. 


Grantors. 


Gnontees. 


Book. 


Leaf or page. 


And in the other set as follows : — 


Date of reception. 


Grantees. 


Grantors. 


Book. 


Leaf or page. 



Entries to be Sect. 97. He shall, within twenty-four hours after a deed or other 

Srentv-fouf' instrument which he is liy law required to record is left for record, cause 
hours', &c. the name of each and every grantor, grantee, or other jiarty, thereto, to 



Chap. 17.] 



REGISTERS OF DEEDS. 



155 



be entered at length and alphabetically in its appropriate index, and I8i5, 205, §2. 
shall also, within a reasonable time after the same is recorded, aHix to 
such entry the number of the book and leaf or page where it is re- 
corded. 

Sect. 98. "When the real estate of another person is sold or con- ProvisionB re- 
veyed by a sheriff, coroner, constable, collector, or by any other authority of^i^a^f „ °''^'' 
•jiven by law, except in the cases mentioned in the following section, f;r.-intorofe8- 
the person who owned the estate and from whom it passes shall, for the by sheriffs. 'ic. 
juirposes of the two preceding sections, be considered as the gi'antor, if '^5, uus, s 3. 
his name ajjpears in the instrument ; and if it does not so appear, the 
grantor shall be entered as unknown, under the letter U. 

Sect. 99. When a deed or other conveyance by executors, adminis- Deeds of execu- 
trators, guardians, or persons acting under authority of an order of p^rtitton's of' 
court, or of a resolve of the legislature, is left for record, the register i.-md, how in- 
shall enter in the entry books and indexes of the grantors*, the names of \^^^ ^2, 5 1. 
the testators, intestates, wards, and persons, whose estates are conveyed, 
when the same appear by such deeds, and also the names of such ex- 
ecutors, administrators, guardians, or other jiersons. When a decree for 
the partition of land, or commissioner's return thereon, is so left for 
record, the register shall enter in the entry books and indexes of the 
grantors and grantees the names of all the persons whose estates plainly 
appear to be affected thereby. 

Sect. 100. Every register of deeds shall annually on or before the Reeistersto 
fifteenth day of October, return to the seci-etary of the commonwealth {'urns to'eec'e^ 
a statement of the whole number of deeds and other instruments re- tarv, of number 
coriled by him during the year ending the last day of the preceding r't.,.o'rded™&c.° 
montli, the amount of fees received by him for recording deeds and J!^""II''- , 
other instruments; the number of legal pages of records covered by the 1^47^282! 
registry of said deeds and instruments; and the expenses of his office J^'|^ 
over and above what is ]>aid by the county during the same time ; and 
if a register omits or neglects to make such return, he shall forfeit fifty 
dollars. 

Sect. 101. The particulars required by the preceding section shall 
be given in the following tabular ibi-m: — 



Ko. of deeds 
recorded. 



No. of other 
instruments. 



Amount of fees 

received for 

deeds. 



Amount received 

for other iustru- 

meuts. 



Ko. of legal 
pages cov- 
ered. 



,, , _ Form of such 

Lxpenscs of office rc,uni6. 

above what is paid jj^,; ,^j s ^ 

by county. ^ ' " * * * 



Sect. 102. The secretary shall annuallv prepare and lay before the Abstract to be 

■gislature an al ' " 

ceding sections. 



legislature an abstract of the returns made to him under the two pre- !-'!<i '«;'"« kg- 



ifrlature. 
)s:ir., 241, § 3. 

Sect. 103. There shall be made within the first six months of each copies' of index- 
year, or within such further time during the year as the commissioners J^J;^uai?y™v?th 
or aldermen tiiink j)roper, at the expense of the several counties, by surnames as- 
competent persons employed by the county commissionei-s, or in the brt[caiiv,''&cl 
county of Suffolk by the alilennen of Boston, co])ies of the indexes to ims r"^- § 2. 
the instruments recorded in their respective counties during the pre- 1^5712??. 
ceding year, in which the grantors and grantees shall respectively be 
assorted into distinct lists by their rcsjiective surnames, arranged in such 
lists in the onler in which the deeds and other conveyances to which 
they refer are left for record, and such lists shall be jjlaeed in alphabet- 
ical order. The commissioners and aldermen may cause the Chiistian 
names of the grantors and gi'antees, as well as their surnames, to be ar- 
ranged in alphabetical order ,in sudi lists, when in their o])inion refer- 
ences to the reconls will be ficilitated thereby. Such cojiies shall in 
other respects be in the tbnn required for the indexes to the records. 

Sect. 104. When they deem it expedient they may cause co]iies of Jj"°xororiiew 
the indexes, or new indexes, to the records existing in the registries of indexes, may be 



156 



TOV/NS AND CITIES. 



[Chap. 18. 



made and print- deeds ill their respective counties, or of any part thereof, to lie made by 
iM6'29M'§'3Ti- ^o'"*-' eompetent person at the charge of their respective counties, u])on 
such phm, and in such manner, as will in their judgment best facilitate 
references to the records ; and may cause the eo]iies of indexes, or new 
indexes, to be printed at the cliarge of their res]>ective counties, for sale 
at a price not less than the cost of printing, paper, and binding. 



TITLE VII. 



OF TOWNS AND CITIES. 



Chapter 18. — Of the Powers of Towns, and the Election, Qualification, and 

Duties, of Town Officers. 
Chapter 19. — Of certain Powers and Duties of Cities. 
Chapter 20. — Of the Census. 

Chapter 21. — Of the Registry and Return of Births, Marriages, and Deaths. 
Ch.\pter 22. — Of Workhouses and Almshouses. 
Chapter 23. — Of Watch and Ward. 
Chapter 24. — Of Fires and Fire Departments. 
Ch.\pter 25. — Of Fences and Fence Viewers, Pounds, and Field Drivers. 



CHAPTER 18. 



OF THE POWERS OF TOWNS, AND THE ELECTION, QUALIFICATION, AND 
DUTIES, OF TOWN OFFICERS. 



powers xsd duties of towns. 
Section 

1. Towns, to be bodies corporate as hereto- 
fore. 

2. Bounds of towns. 

3. Perambulations and renewal of boundaries, 
every five years. 

4. Notice of perambulation to adjoinina^ towns. 
Penalty for neglect to give notice. 

5. Monuments to be erected, except, &c. 

6. Perambulations of towns adjoining other 
states. 

7. Penalty for neglect of selectmen. 

8. Towns may sue and be sued, &c. 

9. may hold property, make contracts, &c. 

10. may grant money for certain purposes. 

11. may make by-laws, and affix penalties. 

12. Penalties, how recovered. 

13. ToAvns may provide that a duty imposed in 
a Iiy-Iaw may be done by an officer, &c. 

14. By laws to be approved by superior court. 

15. to bind all persons in the town. 
Ifi. to be published. 

17. Towns to provide book-case, for books, »tc., 

received from state. 
IS. Kecoguizauoes by towns, how entered into. 



meetings. 
Section 

19. Qualifications of voters in town affairs. 

20. Annual and other meetings may be ad- 
journed. 

21. Warrants shall issue for all meetings — 
may include two or more meetings. 

22. Contents of the warrant, S;c.. 

23. If selectmen refuse, meeting may be called 
by a justice of the peace. 

24. If major part of selectmen die, resign, »S:c., 
the rest may call meetings. 

MODERATORS. 

25. At certain meetings, moderator to be cho- 
sen. 

2r>. During election of moderator, town clerk 

to preside, &c. 
27. Moderator's powers and dnti'^s. 
2>t. No person shall speak without leave of 

the moderator, &c. 

29. Penalty for disorderly conduct in meet- 
ings. 

30. on moderator or other presiding officer 
for reading, Ac, ballots, belore the poll is 
closed. 



Chap. 18.] 



TOWNS — POWERS AND DUTIES. 



157 



electiox axd appointment of town 
okficers. 

Section 

31. Tomi officers to be chosen. Town clerk, 
&c. Officers to be sworn. 

32. Certiiiii officers to be citosen by ballot. 

33. If person elected constable does not accept, 
new clioice to be made. 

34. Penalty for neglecting to choose selectmen, 
&c. 

35. Meetings may be called by part of a board 
of selectmen, in certain cases. 

30. County commissioners may appoint assess- 
ors ill certain cases. 

37. Offii^ers to be appointed by selectmen. — 
Sealers of weiglits and measures, &c. 

38. Selectmen niny api)oint police officers. 

39. Town clerks, to give notice to persons elect- 
ed, that they be sworn, <tc. 

40. Penalty for not tiking the oath of office. 

41. Town offices vacated by removal from town. 

42. Selectmen to appoint a temporary treas- 
urer and collector. 

43. Vacancies in town offices may be filled by 
a new choice. 

44. Exemption from liability to hold town of- 
fices. 

CLERK. 

45. Town clerk shall record all votes. 

40. administer oaths, and make record of 
their administration. 

47. Town clerk pj'o tetn.^ wlien chosen. 

48. In case of death, &c., the selectmen may 
appoint a clerk, &c. 

SELECTMEN. 

49. Penalty for eelectmtn acting, if not under 
oath. 

50. Selectmen to be assessors and overseers of 
the poor, in case, &c. 

ASSESSORS OF TAXES. 

51. Assessors' oath. 

52. Assistant-assessors, to bo sworn. 

53. Penalty on assessor neglecting to take 
oath. 

TREASURER. 

54. Town treasurer's duty. To give bond. 

55. may sue on bonds, &c., tn his predeces- 
sors — to prosecute for all forfeitures, ex- 
cept, &c. 

56. to prosecute for trespasses on public 
property. 



Section 

57. Town treasurer may be collector of taxes. 
5s. power and duty as collector. 

59. to render accounts annually — compen- 
sation of. 

CONSTABLES. 

60. Penalty for refusing to serve as constable, 
&c. 

Gl. Constables who give bonds may serve civil 
processes in certain cases. 

62. Time of filing bond to be noted. Remedies 
to parties injured by breaches of the bond, 
&c. 

63. Constables may serve writs and processes 
where their towns, &c., are parties. 

G4. may serve certain demands and notices. 

65. may require aid — not to act as counsel, 
&c. 

66. shall execute warrants of selectmen. 

67. to comi>lain of breaches of certidn laws. 

68. may convey persons and property taken, 
to the jjul, &c., out of their town. 

09. may serve warrants, in certain cases, in 
any place in commonwealth. 

70. may serve process in unincorporated 
places, annexed. 

COLLECTORS OF TAXES. 

71. Constables to be collectors of taxes when, 
Ac. 

72. to give bond. 

73. To\\^l may give collector certain powers of 
treasurer in collecting taxes. 

SURVEYORS OF HIGHWAYS. 

74. Penalty for refusing to serve as surveyor 
of highways. 

75. Penalty on surveyors for neglect of duty. 
70. Surveyors shall be liable to towns for such 

deficiencies, in case, &c, 

DISTRICTS. 

77. Districts to have the powers of towns 
given by this chapter. 

78. Provisions for the district of Marshpee. 

ABUSE OF CORPORATE POWERS. 

79. Towns, how restrained from illegal appro- 
priations of money, &q. 

FINES AND FORFEITURES. 

80. Fines and forfeitures. 



POWERS AND DUTIES OF TOWNS. 



Section 1. Towns shall continue to be bodies corporate with all the 
powers heretofore exercised by them, and subject to all the duties to 
which they have heretofore been subject. 

Sect. 2. Tlie boundary lines of towns shall remain as now established. 

Sect. 3. There shall be a perambulation of town lines, and they shall 
be run and the marks renewed, once in every five years, by two or more 
of the selectmen of each town, or such substitutes as they in writing 
appoint for that purpose. After every such renewal the proceedings 
shall be recorded in the records of the respective towns. 

Sect. 4. Previously to a perambulation, the selectmen of the most 
ancient of the contiguous towns shall give ten days' notice, in writing, 
to the selectmen of the adjoining town, of the time and place of meet- 
ing for such perambulation ; and selectmen who neglect to give such 
notice or to attend either personally or by their substitutes, shall sever- 
ally forfeit twenty dollars, to be recovered on complaint to the use of 
14 



Towns to be 
bodies corpo- 
rate. 

K. S. 15, § 8. 
13 Mass. 193. 
Town lines. 
K. S. 15, § 1. 
Perambulation 
of to^^^l lines. 
U. S. 15, § 2. 



notice of to 
adjoining 
towns. 

penalty for 
neglect. 
K. S. 15, § 3. 
Ib3i*, 135. 



158 TOWNS — POWERS AND DUTIES. [ChAP. 18. 

the commonwealth, or by action of tort to the use of the town whose 

selectmen perform their duty. 

MonnmcntB Sect. 5. The selectmen of the contiguous to'n'ns shall erect at the 

T-^e r&*'^''' joint and equal expense of such towns, permanent monuments to designate 

K. s. 15, §4. their respective boundary lines at every angle thereof, excejit where 

such lines are bounded by the ocean or some permanent stream of water. 

The monuments shall be of stone, well set in and at least four feet high 

from the surface of the grounil ; and the initial letter of the resjiective 

names of such contiguous towns shall be plainly and legibly cut thereon; 

but it shall not be necessary to erect a new monument in a place where 

a permanent stone monument two feet in height aliove the surface of the 

ground already exists. 

pprninhuiatinnB " Sect. 6. The Selectmen of towns bordering on another state, where 

'm ''?thlT 't'ltes *'^® '^"^^ between the states are settled and established, shall once in 

icfti. 15, § 0. ' every five years give notice to the selectmen or other proper municipal 

officers of such towns in the other state as adjoin their towns, of their 

intention to perambulate the lines between their adjoining towns. 

Where such state lines are in dispute, the perambulations shall be made 

once in every five years after the lines are settled and established. If 

such notice and jiroposal are accepted by the officers to whom they are 

made, a perambulation shall be made in the same manner as between 

towns in this state. No boundary erected by authority of this state 

and an adjoining state, shall be removed by such selectmen or other 

municijial officers. 

Penaltyforncg- Sect. 7. A selectman who refuses or neglects to perform any duty 

!S°o ,^ ^^ , ^ required of liim by the three preceding sections, shall forfeit twenty dol- 

6,7. lars to the use ot tlie commonwealth. 

Towns may sue Sect. 8. Towns may in their corporate capacity sue and be sued by 
ainibesuixi,&c. the name of the town, ami may appoint all necessary agents and attor- 
1 jiot. 4?3. neys in that behalf. 

may hold pro- Sect. 9. They may hold real estate for the public use of the inhabit- 
peity. n'''ke ^^ig^ a^fi ^lay convey the same, either by a vote of the inhabitants or 
E.'V.'is,'! ii!' by a deed of their committee or agent ; may hold personal estate for the 
r*Mtw8'*4?r public use of the inhabitants, and" alienate and dispose of the same by 
2'pick. 35i,':'!52. vote or otherwise ; may hold real and personal estate in trust lor the 
support of schools and "for the promotion of education within the limits 
of the town ; may make contracts necessary and convenient for the 
exercise of their corporate powers; and may make orders for the dis- 
may grant posal or use of their corporate projierty as they may judge necessary or 
u°W\s 12 expedient for tlie interest of the inhabitants. 

10; 23, § »; 24, Sect. 10. They may, at legal meetings, grant and vote such sums as 
ur4?^H'f5Mi' they jii'l"'e necessary ibr the following purposes: — 
i8as,'3s. ' For the su]i]iort of town schools ; 

5fiiaBs.'272. For the relief, support, maintenance, and employment, of the poor; 

ePicic. ioL For laying out, discontinuing, making, altering, and re]iairiiig, liigh- 

10 Piok!4S5; ways and town ways, and for labor and materials to be used thei-eon; 
23 I'iek V\ -^ °'' pi"OPi"'i"S t'l'e writing and publishing of their town histories ; 

3 Mot. i(i:i. For burial grounds ; 

s^aJsh. 530. For encouraging the destruction of noxious animals ; 

ioCub1i.2oi. For all other necessary cliarges arising therein ; 

* ma^/make by- Sect. 11. They may make" such necessary orders and by-laws, not 
laws, and aflix i.epv,o;nant to the iaAvs of the state, for directing and managing the jn-u- 
?t!"s. 'ft!§ 13. dential affiurs, ]n-eserving the peace and good order, and maintaining the 
ri'k',k"'4c,2. internal jsolice thereof, as they may judge most conducive to the \\ell:ire 

1 .Met.' 13(1." of the town; and may affix penalties tor breaches of such orders and 

2 Cusi'i! sw'. by-laws not exceeding twenty dollars for one otienee. 

Pcniiities, how Sect. 12. All jieiialties tor breaches of the orders and by-laws of a 

u"s"i5"s'i3 ^°^^'" ™''^y '^^' i'<^'''o^'ei'''*^ o" complaint before a police court or a justice 

See Ch.'i22,' ' of the peace, and shall inure to the town, or to such uses as the town 

* "■ may direct. 



Chap. 18.] towns — meetings. 159 

Sect. 13. When a town in a In-law imposes a duty and affixes a Duties imposed 
penalty lor rerusal or neclect to penorm the same, they may tlicrem ]iro- peribrmed. 
vide that in case of such refusal or neglect the duty may he performed ikm. '.is^- 
bv officers therein named, at the expense of the ])arty lial)le to ])erfonn 
the same, and such expense may be recovered of him by the town in 
an action of contract in the name of the treasurer, but the amount 
recovered shall not exceed the ]>enalty fixed in the by-law. 

Sect. 14. Before any by-law takes eifect, it shall be approved by By-inws to be 
the superior court, or in vacation by a justice thereof, and shall with pJl'foTcourt.^" 
such a]ipro\al be entered and recorded in the office of the clerk of K- s. i5, § 13. 
the courts in the county where the town is situated, or in the countj' isw^^ja, §§1,2. 
of Sutiblk in the office of the clerk of the superior court for civil jj^^.y^f^, 
business. 2 Cu'sii. hn. 

Sect. 15. Such by-laws shall be binding upon all persons coming to bind all 
within the limits of the town, as well as ujion the inhabitants thereof town."^'" 

Sect. 16. All bv-Iaws made bv a town shall be iniblished in one or .''v,?-,'^',| '*• 
more newspapers jinnted in the county where the town is situated. ■.■ Cush. sni. 

Sect. 17. Each town shall provide at its own expense some suitable ijX 'd! ^"'*" 
cabinet or book-ease for the safe preservation of such books, rciiorts, and it. s. 15, § 1.5. 

, ^1 . !• ii 1..1 1 i- ..1 . Towns to pre- 

laws, as they receive irom the commonwealth, and tor every month s viiio book-rase, 

neglect shall forteit ten dollars to the use of the commonwealth. f';- ,_ „ , „ 

■ Tin ■ . T • * 1 I'^-i'^* l'"», §§ 1, 2. 

Sect. IfS. vV hen a town is required to enter into a recognizance, the Uii'L-niizauces 
selectmen may by an order or vote authorize any person to enter into i{^s"T5,%s8 
the recognizance in the name and behalf of the town, and it shall be mi. Ait of 
binding like any other contract made by such town. No surety shall """"^ ™"° ' 
be requii-ed in such recognizance. 

MEETINGS. 

Sect. 19. Every male citizen of twenty-one years of age and upwards, QuaiificationB 
(exeejit paupers, persons under guardiansliiji, and persons excludeil by "own'i'iSvii'rs. 
articles twenty and twenty-three of the amendments to the constitution,) ^^"'™''; ™.''«*- 
who has resided within the state one year, and within the town in which k. s. 15" ITr.' 
he claims a right to vote six months, next iirccediniT a meeting for the !',r'i''';S*;,no 
transaction ot town afturs, and wlio has paid ijy himself, or his parent, mi. 
master, or guardian, a state or county tax, which within two years next ' ^'^''''' ^'^^' 
preceding such meeting has been assessed upon him in any town ; and 
every citizen who is by law excmjited from taxation, and in all other 
respects qualified as aforesaid, shall have a right to vote at such town 
meetings, upf)n all questions concerning town aflliirs ; and no other 
person shall Ije entitled to vote at such meeting. . 

Sect. '20. The annual meeting of each town shall be held in Feb- other meetings, 
ruary, March, or A|)ril; and other meetings at such times as the select- jourued'"""' 
men may order. Meetings maybe adjourned fi-om time to time, and I{.s.i5,§§i8,25. 
to any ])lace within the town. wli'rrmits to 

Sect. 21. Eiverv town meeting shall be held in pur.suance of a war- issmioraii 
rant under the hands of the selectmen, directed to the constables or may include 
some other persons appointed by the selectmen for that purpose, who J^.",t'?„™°'''' 
shall forthwith notify such meeting in the manner ]irescribed by the by- h. s. 16, §§ 19, 
laws or a vote of the town. The selectmen may by the same wairant jojiass. 10.5. 
call two or more distinct town meetings for distinct ]iuiiioses. 1:1 Piek. 3or,. 

Sect. '22. The warrant shall express the time and place of the meet- 11VU5I1.264. 
ing, and the subjects to be there acted upon ; the selectmen shall insert ,,°"JanJ^^'^ 
therein all subjects which may, in writing, be requested of them b}- any u. s. 15,' §§21, 
ten or more voters of the town, and nothing acted n]ion shall have a legal , cush. tm. 
operation, unless the subject matter thereof is contained in the warrant, n Cush. 208, 

Sect. 23. If the selectmen unreasonably refuse to call a meeting, any 3 (jVay, 52r.. 
justice of the peace of the county, upon the application of ten or more y sckctmen^e. 
legal voters of the town, may call such meeting by a wan-ant under his may' be caUeli 



160 



TOWNS - 



• TOWN OFFICERS. 



[Chap. 18. 



by a justice of hand directed to the constables of the town, if any, otherwise to any of 
ii.'sa5r§' 23- ^'"-' l"-'''*oiis applying therefor, directing them to summon the inhabitants 

qualified to vote in town affiiirs to assemble at the time and place and 

for the purposes expressed in the warrant. 
If miyor part of Sect. 24. If by rcason of deatli, resignation, or removal from town, 
scioctmen die, j^ niaior iiart of the selectmen thereof originally chosen vacate their office, 

&c., the rest , i • • /,. n • 

may call raeet^ thosc who remain m office may call a town meetmg. 



ings 

K. S. 15, § 21. 



Jlodcrators, 
how clioseti, 
K. S. 15, § 21',. 
dliriu;^' elec- 
tion, town clerk 
to Jireside, ,tc. 
U.S. 16, § 27. 
8. 202. 



powers aud 
duties. 

K. .S. 13, §§ 28, 
32. 



no person to 
speak without 
leave of, &c. 
K. S. 13, § 2'J. 

Penalty for dis- 
orderly conduct 
in meeting8. 
K. S. 15, § 30. 
16 Mass. 385. 



on modera- 
tor, &c., for 
reading, &c., 
ballots, before 
poll is closed. 
U. S. 15, § 31. 



MODEEATOES. 

Sect. 25. At every town meeting, except for the election of national, 
state, district, an<l county officers, a moderator shall first be chosen. 

Sect. 26. During the election of a moderator, the town clerk if 
present shall preside ; if he is absent or there is no town clerk, the 
selectmen shall preside ; and the town clerk and selectmen respectively 
shall in such case have the powers and perform the duties of a mod- 
erator. 

Sect. 27. Tlie moderator shall preside in the meeting, may in open 
meeting administer the oaths of office to .any town officer chosen thereat, 
sliall regulate the business and proceedings of the meeting, decide all 
cpiestions of order, and make public declaration of all votes passed. 
Wlien a vote so declared liy hini is immerliatcly uiton such declaration 
questioned by seven or more of tlie voters jiresent, lie shall make the 
vote certain by polling the voters or dividing the meeting, unless the 
to«'n has by a previous vote or their by-laws otherwise provided. 

Sect. 28. No ])erson sliall speak in the meeting without leave of the 
moderator, nor while another ]ierson is speaking by his permission ; and 
all persons shall at his request be silent. 

Sect. 29. If a person behaves in a disorderly manner, and after 
notice from the moderator persists therein, the moderator may order 
him to withdraw from tlie meeting ; and, on his refusal, may order the 
constables or any other persons to take him from the meeting and con- 
fine him in some convenient place until the meeting is adjourned. The 
person so refusing to withdraw shall for such oflence forfeit a sum not 
exceeding twenty dollars. 

Sect. 30. A moderator or other presiding officer who at a town 
meeting, before the poll is closed and without the consent of the voter, 
reads, examines, or permits to be read or examined, the names written 
on such voter's ballot, with a view to ascertain tlie cantlidate voted for 
by him, shall forfeit a sum not exceeding fifty dollars. 



Town officers to 
be tjioseu. 
1£. S. 15, § 33. 
H..S. HI, § 10. 
1S5S, llH. 
Town clerk. 



Selectmen. 

Assessors. 
Met. 4US. 

Overseers of 
the poor. 
Treasurer. 
Surveyors of 
liiirhAvays. 
Constaljles and 
collectors. 

Field drivers. 
Fence viewers. 
Surveyors of 



ELECTION AND APPOINTMENT OF TOWN OFFICEES. 

Sect. 31. At the annual meeting every town shall choose fi'om the 
inhabitants thereof, the following town officers, who shall serve during 
the year, and until others are chosen and qualified in their stead : — 

A town clerk, who if present shall be forthwith sworn, either by the 
moderator or a justice of the peace ; 

Three, five, seven, or nine selectmen ; 

Three or more assessors, and, if the town deems it expedient, three or 
more assistant-assessors ; 

Three or more overseers of the poor ; 

A town treasurer ; 

One or more surveyors of highways ; 

Constables, who shall also be collectors of taxes unless other persons 
are specially chosen collectors ; 

Field drivers ; 

Two or more fence viewers ; 

One or more surveyors of lumber ; except that surveyors of lumber 



Chap. 18.] xo'n-xs — town officers. 161 

shall not lie so chosen in to'n-ns Inchnled in the district established by himbor. 
chapter forty-nine, section one hundred twenty-[six] [one'] : '*^'"'' '"*■ 

Measurers of wood and bark, unless the town authorizes the selectmen Jioasurers or 
to appoint them ; and _ ^™'"i' *<=■ 

All other usual town officers. other ofBcors. 

All the town officers designated by name in this section shall be Officers to be 

eworu. 

sworn. 

Skct. o'2. The election of town clerks, selectmen, assessors, treasurer, certain officers 
constables, and the moderator of the meetings held for the choice of f,°[^J;j'''''"'™ ^j' 
town officers, shall be by written ballots; and the election of all other k.s. is, §:«. 
town officers in such mode as the meeting determines, except in cases T^iji^'Jit 
otherwise provided by law. 

Sect. 33. Every person chosen constable shall, if present, forthwith ifpersoneiect- 
declare his acceptance or reftisal of the office. If he docs not accept, <;'i tonstatiie 

, , , ^ , , . . , \ ^ does not accept. 

the town sliall proceed to a new election until some one accepts the R. s. is, 507. 
office and takes the oath. 

Sect. 34. A town which neglects to make choice of selectmen or Penalty fornot 
assessors shall forfeit to the use of the commonwealth a sura not exceed- mar&lf ^'^^'°^' 
ing five hundred nor less than one hundred dollars, as the county com- k. s'. i5,'§ 35. 
missioners shall order. 

Sect. 35. If a to^Ti, at the annual meeting, fails to elect a full board Town meet- 
of selectmen, or if any of the persons chosen refuse to act or omit to be hMcrtaki c-Iscs! 
qualified according to law, the selectmen or selectman chosen and quali- ijvij, s. 
ficd may sign warrants for town meetings until a full board is elected. 

Sect. 36. If a town neglects to choose selectmen or assessors, or if county com- 
the iK'i-sons chosen do not accept the trust, or having accejited it shall ^poiuf'a^esi'' 
not perform the duties, the county commissioners may apjioint three or ors in cortiiiii 
more suitable persons within the county, to be assessors of taxes for u.''s^']5^55 36^ 
such town ; who shall have the powers, pertbrm the duties, and receive »'• 
the cora])ensation, of assessors chosen by a town. 

Sect. 37. The selectmen of each town shall annually in March or Town officers 
Aiiril, appoint the following town officers, unless the inhabitants at their SSmen ''^ 
annual meeting choose them : — u. .s. is, § .38. 

One scaler of weights and measures, and as many more as the inhab- lV. ' ' ^''' ^^ '^' 
itants at their annual meeting determine, and thev may also appoint a dealer of 

,,..., 1.1 1 .. ' .. ^' wei<fhts and 

g.auger ot liquid measures; and tlie selectmen may at any tune remove measures, &c. 
such sealers or gangers, and appoint others in their places ; 

One measurer of wood and bark, and as many more aa the inhabitants Measurers of 
at their annual meeting determine ; '■"""'^ •''"'' ''"'''^• 

And in every town which has town scales for the weighing of hay, Superintendent 
one or more jicrsons to have the superintendence thereof. "'' '>=«'*«='''•-■'*• 

Sect. 38. They may at any time ap]ioint police officers, with all or Selectmen may 
any of the powers of constables except the power of serving and exe- "n^'eo"! ''"''"'^ 
cuting civil iiroccss, who shall hold their offices during the pleasure of issi, wa. 

, 4 Gray 34 

the selectmen by whom they are a])pointed. 

Sect. 39. After the election or ajipointment of to^Ti officers who are Town clerks, to 
required to take an oath of office, the town clerk shall forthwith make j^^Ts'Sected, 
out a list, containing the names of all such persons not sworn by the [''i'' ""jy ""''y 
moderator, and a designation of the offices to which they are chosen, ij. s. 1.5, § ^w.' 
and deliver the s.ame with his warrant to a constable, requiring him 1; f^y' ■';!;■ 

•I'll 1<»1 Tl' ^^^Yr ^■*^* 

withm three days to summon eacli 01 such persons to appear and take 
the oath of office before the town clerk within seven days after such 
notice ; and the constable shall within seven days make return of the 
waiTant to the town clerk. 

Sect. 40. If a jierson so chosen and summoned, who is not exempt by Penalty for not 
law from holding the office to which he is elected, shall not within seven ','|'\,'JB'ce'"' """^ 
days take the oath of office before the town clerk, or before a justice of K- s. 15, §40. 
the peace, and file with the town clerk a certificate thereof under the ' "^' ^ ' 
hand of such justice, he shall, unless the office to which he is chosen is 
14* 21 



162 



TOWNS — CLERK, SELECTMEN. 



[Chap. 18. 



Offices vacated 
by removal 
from town. 
E. S. 10, §41. 
1 Pick. 129. 
Selectmen to 
appoint tem- 
porary treas- 
urer and col- 
lector, when, 
&c. 

1838, «. 
1 Met. 521. 
4 Gray, 253. 
Vacancies in 
to^vn offices, 
how filled. 
K. S. 15, § -12. 
1855, S. 

Exemption 

from liability to 

hold town oi- 

fices. 

K. S. 15, §§ 43, 

W. 

ii. S. 18, § 17. 



that of const.ible or some other for which a different penalty i.s provid- 
ed, forfeit live dollars. 

Sect. 41. A person removing from tlie town in which he holds a town 
office, thereby vacates such office. 

Sect. 42. When the office of treasurer or collector of taxes is vacant 
by reason of de.ath, remo\al, or other cause, or when the treasurer or 
collector is prevented from ]ierforiiiiiio- tlie duties of his office, the select- 
men of the town may by writiiio- umler their hands appoint a treasurer 
or collector pro tempore, who shall lie sworn and give bonds in like 
nianuer as treasurers and collectors chosen by towns, and hold his office 
until another is chosen. 

Sect. 43. When a vacancy occurs in a town office by reason of the 
non-acceptance, death, removal, insanity, or other disability, of a person 
chosen thereto, or by reason of a failure to elect, the town may fill such 
vacancy by a new choice at any legal meeting. 

Sect. 44. No person shall be obliged to serve in the same town 
office two years successively ; and no person in commission for any 
office of this state or of the United States, or who is a minister of the 
gospel, or a member of the council, senate, or house of rejiresentatives, 
or an engineman or member of a fire dej)artment, or who has been a 
constable or collector of taxes of a town within seven years next jsre- 
ceding, shall be obUged to accept the office of constable. 



Clerk to record 
all votes. 
E. S. 15, 5 4-1. 
13 Pick. 305. 

to adniiuiater 
oaths and make 
record therof. 
E. S. 15, § 45. 



Town clerk pro 
tern., when clio- 

K. S. 15, § 49. 



When select- 
men may ap- 
point town 
clerk, &c. 
K. S. 15, §§ 50, 
61. 



CLEEK. 

Sect. 4.5. The town clerk shall record all votes passed at the meet- 
ing at which he is elected, and at the other meetings held during his 
continuance in office. 

Sect. 4G. He shall administer the oaths of office to all town officers 
who appear before him for that purjiose, and shall make a record 
thereof, and of oaths of office taken before justices of the peace, of 
which certificates are filed. 

Sect. 47. When at a town meeting there is a vacancy in the offi;ce 
of town clerk, or he is not present, the selectmen shall call n])on the 
qualified voters present to elect a clerk /)ro tempore, in like manner as 
town clerks are chosen. The selectmen shall sort and count the votes 
and declare the election of such clerk, who shall be sworn to discharge 
the duties of said office at such meeting; and be subject to like penal- 
ties for not discharging them as town clerks are for neglect of the like 
duties. 

Sect. 48. When other duties than those mentioned in the preceding 
section are required to be performed by the town clerk, and by reason 
of death, removal, or other cause, there is a vacancy in such office, or 
such clerk is ]irevented from performing such duties, the selectmen may 
in writing under their hands appoint a clerk for the performance thereof, 
who shall be sworn, and immediately after entering upon the duties of 
his office make a record of such election or appointment. 



Penalty for se- 
lectmen acting 
if not under 
oath. 

U. S. 15, § .'>4. 
Selectmen to be 
assessors, &c., 
in case, &c. 
K. .S. 15, ^ 52, 
S.J. 



SELECTMEN. 

Sect. 49. Every person elected selectman, who enters upon the per- 
formance of his duties before taking tlie oath of office, shall forfeit for 
each offence a sum not exceeding one liundred dollars. 

Sect. 50. The selectmen shall be assessors of taxes and overseers of 
the poor in towns where other persons are not specially chosen to those 
offices, and when acting as assessors they shall take the oath required of 
assessors. 



Chap. 18.] towns — assessors, treasurer. 1G3 

ASSESSORS OF TAXES. 

Sect. 51. The assessors' oath of office shall be in substance as fol- 
lows: — 

You, being chosen assessors, [or an assessor,] for the town of for the Assessors' 

year ensuing, do swear that you wUl impartially, according to your best skill and judg- ??"!• 
nient, assess and apportion all such taxes as you are during that time directed to assess, *' ' * ^" 
and that you will faithfully discharge all other duties of said office. 

Sect. 52. Assistant-assessors, when chosen, shall be sworn, and shall Assistant-as- 
iii their respective wards or districts assist the assessors in taking a list s""""", to be 
of the ratable polls, in estiraating the value of the real and personal u. s. is, §5(i. 
estate in said wards or districts, and in making out lists of persons 
qualified to vote at elections. 

Sect. 5.3. If a person chosen assessor, having notice of his election, poniiity on ns 
neo^lects to take the oath of office, he shall forfeit a sum not exceeding .se8sorn(j,'iivt 

„„" J ,, ° inyr to take oiith. 

nity dollars. k. s. lo, § s:. 

TEEASURER. 

Sect. 54. The town treasurer shall give bond in such sum as the Town trcasur- 
seleetmen require, with sureties to their satisfaction, for the fiithful dis- J^'s^'i^Vas 
charge of the duties of his office ; shall receive and take charge of all i' Cush.'-iai). ' 
suras of money belonging to his town, and pay over and account for '' ^"^''' ""' 
the same according to the order of such town or the officers thereof 
duly authorized in that behalf. 

Sect. 55. He may in his own name and official capacity prosecute to briny suit, 
suits upon bonds, notes, or other securities, given to him or his jirede- *^y prosecute 
cessors in office, and where no other provision is s])ccially made, shall for (orfciturus, 
prosecute for all fines and forfeitures which inure to his town or the ij'^'sI'ibfMoo, 
poor thereof '<■'• 

Seit. 56. He shall prosecute for trespasses committed on any pulilic for trespasses 
building or enclosure belonging to his town; and when a public liuild- J'|;m'»''I''^ I'lop- 
intr is owned iiartlv by the town and iiartly bv the county, such iirose- it. s. h, §.54. 
cutioii may be made either by the town or county treasurer, whichever ■ • • '■'■s "- 
shall first institute the same. 

Sei^t. 57. A town may at any meeting appoint its treasurer col- may be col- 
lector of taxes ; and he may appoint deputies, who shall give such bonds 1™ s'.'^ij'^ s'lto'^'' 
for the faithful discharge of their duty, as the selectmen think jirojier. sjiet. loa. 
Such collector and deputies shall have the same powers as are vested in 
collectors of taxes. 

Sect. 58. A treasurer so apjiointed collector, may issue his warrant poweranddu- 
to the sheriff of the county, or his deputy, or to any constable of the ^ s'"5"ruf" 
town, directing them to distrain the jiroperty or take the bodj- of any 
person who is delinquent in the payment of taxes, and to piroceed in 
like manner as collectors are required to do in like cases. 

Sect. 59. The treasurer shall annually render a true account of all to account an. 
his receipts and payments, and other official doings, to the town, and ^''sI'Ys §§'a 
shall receive such compensation for his services as the town may deter- us. 
mine. 

constables. 

Sect. 60. A person chosen to the office of constable, able to perform Penalty for re- 
the duties thereof and not exempt, who refuses to take the oath and to ^" TOnstabTe?*^ 
serve in such office, shall forfeit twenty dollars. If he is present in town *c. ^ 
meeting and declares his refusal or neglects for seven days after being es.''' '*'^^'' ' 
summoned to take the oath of office or to pay such fine, he shall be 
prosecuted therefor by the treasurer. 

Sect. 61. Any constable who gives to the inhabitants of the town h,?°bmidR''n?ly 
for which he is chosen, a bond with sureties in a sum not less than five serve civil pro- 
hundred dollars to the satisfaction of the selectmen, with conditii:)n for cases. 



164 



TOWNS — CONSTABLES, COLLECTOKS. 



[Chap. 18. 



11^?, »S, § 2. 
Ifial, W, §§ 1,2. 
13 Met. 3U2. 
2 Gray, 209. 



Time of filing 

bond to be not- 

eii. KemedieB 

ou boud, tfec. 

lS-15, ro, §§ 1, 2, 

3. 

ISol, 9i, §§ 2, 3. 



Coust.-xbles may 
serve certain 
writs, &c. 
K. S. 15, § 72. 



may serve cer- 
tain (ii'-niands 
and notices. 



may require 
aid — not to .act 
:is eOimsel, ttc. 
1£. .S. 14, 5j 72, 

; ■.), )<u. 

K. S. 15, § 77. 
11 Pick.4.S.3. 

to execute 
warrants of se- 
lectmen. 
If. .S. 13, § 70. 

to conii>lain of 
bi'eaches of cer- 
t.iin laws. 
l:. S. 13, § 70. 

may convey 
liersous, &c., 
t J jail, &c., out 
of their town. 
K. S. 15, § 75. 

may serve 

warrants in eer- 
t<un cases, in 
any place in 
state. 
■1S47, 9S, § 1. 



may serve 
process ill uiiin- 
eorpor.atcd 
places, iSic. 
11. S. 15, § 74. 



the foithfiil performance of his duties in the service of all civil processes 
comniitti'il to liiin, and causes the same, with the a]iproval of the select- 
men indorsed thereon, to be tiled in the office of the town clerk, may, 
within his town, serve any writ or other process in a personal action in 
which the damages are not laid at a greater sum than one hundred dollars, 
and any process in replevin in which the subject matter does not exceed 
in value one hundred dollars, and any writ or other process under the 
provisions of chapter one hundred and thirty-seven; and no constable 
shall serve any process in a civil action until he gives such bond. 

Sect. 6'2. The town clerk shall note upon every bond given by a 
constable the time when the same was filed. Any jierson injured by a 
breach of the condition of such bond, may at his own expense institute 
a suit thereon in the name of the town, and like jiroceedings shall be 
had as in a suit by a creditor on an administration bond. The writ 
shall be indorsed by the persons for whose benefit the suit is brought, 
and if neither of them is an inhabitant of this state, it shall also be in- 
dorsed by some other responsible indorser residing in this state. If 
judgment is for the defendants, execution shall issue for costs against 
the indorsers, as if they were plaintiffs of record. 

Sect. b3. Constables may serve such writs and processes as are de- 
scribed in section sixty-one, and warrants and other processes in crimi- 
nal cases, although their town, parish, religious society, or school district, 
is a party or interested. 

Sect. 64. They may serve by copy by them attested, all demands, 
notices, and citations, and their returns of service thereof shall be pri- 
ma /'acie evidence ; but this provision shall not exclude the service there- 
of bjf other parties. 

Sect. 65. They may, like sheriffs, require aid in the execution of their 
duties. They shall not a]ipear in court or before a justice of the peace as 
attorney or counsel for any party. The provisions of sections sixty-four 
and sixty-seven of chapter seventeen shall apjily to constaliles. 

Sei't. 66. They shall serve .all warrants and other ]irocesses, lawfully 
directed t(.) them by the selectmen of their town, for notifying town 
meetings or for other jmrposes. 

Sect. 67. They shall take due notice of and prosecute all violations 
of the laws respecting the observance of the Lord's day, to jirevent pro- 
fane swearing, and against gaming. 

Sect. 68. A constable in the execution of a warrant or writ directed 
to him, may convey beyond the limits of his town, prisoners and prop- 
erty in his custody under such process, either to the justice who issued 
it, or to the common jail or house of correction of his county. 

Sect. 69. If a person against whom a warrant is issued tijr an alleged 
offence committed within any town, before or after the issuing of the 
warrant, esca])es from or is out of the town, any constable of such town 
to whom the warrant is directed, may pursue and apprehend him in auy 
place in the commonweaUli. 

Sect. 71). When an unincorporated place is annexed to a town for 
the jiurjiose of taxation, the constables of such town shall have and ex- 
ercise in such uuincoi'porated place the same powers as if it were a j)ait 
of their town. 



Collectors of 
taxes, when 
constables to be. 
1{. S. 15, §§ (i», 
Ts. c, Gr.av, 387, 
502. 7 Gray, 1.32. 
to give bond. 
K. S. IS, § SO. 
'.) Met. 4119. 
i; Tush. 229. 
2 Gray, 298. 
12 Cush. 112. 



COLLECTORS OF TAXES. 

Sect. 71. Towns may choose suitable persons to be collectors of 
taxes therein. If the persons chosen refuse to serve, or if no person is 
elected or appointed, the constables of the town shall be the collectors 
of taxes. 

Sect. 72. Every collector shall give bond to the town, in such sum 
as the selectmen require, and with sureties to their satisfaction, for the 
faithful discharge of the duties of his office. 



Chap. 18.] towns — districts, &c. IG-j 

Sect. 73. Any town, at a meeting notified for that purpose, may Town may give 
authorize their collector to use all means of collecting the taxes which pmrersoftrc^- 
a town treasurer when aiipoiuted collector may use. unr, incoiiect- 



J Taxes. 



SURVEYOES OF HIGHWAYS. 



Sect. 74. If a person chosen surveyor of highways refuses to serve, Penalty for re- 
he sliall forfeit a sum not exceeding ten dollars ; but no person shall be |^s™ufv'°-o'"f 
obligeil to serve oftener than once in three years. iiighways. 

Sect. 75. A sur\-eyor of highways A^ho neglects the duties of his peiwity'mi'*™!-- 
office, shall forfeit ten dollars for each neglect; and he may be prose- f^.Tur^ for ueg- 
cuted by indictment for any deficiency in the highways within his limits ufs°i5,"§5's2, 
occasioned by his fault or neii'lect. ^}-, . ,„, 

c, -,i "^T/- ■ 1 r' .• 1 /■ • • 1 10 Met. 108. 

Sect. i». If a town is sentenced to pay a nne for a dehciency m the Surveyors lia- 
highways or town ways therein, any sur\ eyor through «hose tiiult or Ii!.'tiJj™'ci™'^i'u'^ 
neglect such deficiency existed, shall be liable for the amount of such fine ^sf. ■s.e- 
and all costs, to be recovered by the town in an action of tort. I852,'3i2. ' 

DISTRICTS. 

Sect. 77. All places now incorporated by the name of districts. Districts to 
except Marshpee in the county of Barnstable, shall have all the jjowers {'aVnK."""^ "^ 
and privileges, and be subject to all the duties, to which towns are enti- i<- s. lii, § a. 
tied or subject by tlie provisions of the diajiter. 

Sect. 78. The district of Marshpee, excepting such parts thereof as Provisions for 
are for the purpose of taxation or otherwise annexed to the towns of ','^''1'^.'™'°' 

T-, 1 ' . . ... .tlurslipee. 

Falmouth and Sandwich, shall continue to be a district, with all the ^.<n, m^. 
powers, privileges, duties, and liabilities, mentioned in the act estab- "■■*•'■'■>*'• 
lishing said district, and acts specially relating thereto. 

ABUSE OF CORPORATE POWERS. 

Sect. 79. When a town votes to raise by taxation or pledge of its Towns, how re- 
credit, or to jiay from its treasury, any money, for a puiiiose other than nh-'aUxpin-o^ 
those for which it has the legal right and power, the supreme judicial iirirnions of 
court may ujion the suit or petition of not less than ten taxable inhab- jMr.'fir. 
itants thereof, briefly setting forth the cause of comiilaint, hear and de- ;,''','*''',■ ^";"-. 
termme the same in equity. Any justice of said court may in tenn 
time or vacation issue injunctions and make such orders and decrees as 
may be necessary or jn-ojier to restrain or prevent any violation or abuse 
of such legal right and power, until the final determination of the cause 
by said court. 

FIXES AND FORFEITIJRES. 

Sect. 80. Fines and forfeitures imposed by this chapter, except in Fines and for- 
cases otherwise provided for, may be lecovered by complaint or indict- k' s'To,'';§ s .in 
ment to the use of the commonwealth, or by action of tort to the use 31,40,54, srjool 
of the town where the offence is committed. itaa.ias. 



166 



CITIES. 



[Chap. 19. 



CHAPTER 19. 



OF CERTAIN POWERS AND DUTIES OF CITIES. 



Sectios 

1. Powers, &c., of cities to continue. 

2. Laws relating to towns to apijly to cities, 
&c. 

3. Constables may be removed for miscon- 
duct. 

4. When wards arp divided, officers to act in 
same numerical wards till others are chosen. 

5. Officers elected after division to hold till 
next annual meetiufj^, &c. 

6. Vacancies in board of mayor and aldermen 
by nou-electiou — how filled. 

7. If mayor isuot elected, who to perform the 
duties. 

8. Vacancies in city or ward offices — how 
filled. 



Section 
y. Ward officers, duties of, and proceeding's in 
case of absence of. 

10. Removal from ward not to disqualify city 
officers. 

11. Five preceding sections to be in force only 
where adopted. 

12. Mayor and aldermen, &c., may hold other 
offices. 

13. City councils may reg^ulate erection of bal- 
ustrades, &c. 

14. Regulations of carriages. 

15. City officers may prosecute, &c. 
Ifi. Divisions of wards in cities. 

17. *' Mayor and aldermen," in Boston, how 
construed. 



Powers, &c., of SECTION 1. The several cities shall continue to have and exercise 
ti'.me.*** """' ■'ill the powers and privileges, and be subject to all duties and liabilities, 
K. s. 15, § 80. mentioned in the acts establishing such cities and in the several acts 

relating thereto. 
Laws relating' Skct. 2. Chapter eighteen and all other laws relating to towns, shall 
to towns to ap- apply to cities so far as they are not inconsistent with the general or 
K. S. 2, § o,d. ' special provisions relating thereto; and cities shall be subject to tlie lia- 
'''■ bilities, and city councils shall have the powers, of towns ; the mayor 

and aldermen shall have tlie powers and be subject to the liabilities of 
selectmen, and the city elerk.s, treasurers, and other city officers, those 
of corresponding town officers, if no other provisions are made in rela- 
tion thereto. 
Mayor may re- Sect. 3. The mayor of a city may, with consent of the board of al- 
I'lSv^'oT*""'''''' fl^i'"i6n, remove from office a constable for gi-oss misconduct. 
When wards Sect. 4. At the first election held after a new division of wards in 

a city, the ward officers chosen under the preceding division shall offici- 
ate in the numerical ward for which they were chosen, and shall con- 
tinue to act there until others are chosen and ([ualified in their stead. 

Sect. 5. Officers chosen at a meeting called by the mayor and alder- 
men of a city, after such new division into wards, shall hold their offices 
until the next annual meeting, and until others are chosen and qualified 
in their stead. 

Sect. G. If, at or after the time for the mayor and aldermen of a 
city to enter upon the discharge of their duties, it apj)ears that the 
iiy mill election, niayor or the full number of aldermen are not elected, such of said offi- 
cers as are elected shall issue warrants for the election of a major or 
such aldermen as may be necessary. If neither of said officers is 
elected, the president of the common council shall issue such war- 
rants. 

Sect. 7. If by reason of non-election there is no mayor of a city, 
the chairman of the board of aldennen shall discharge tlie duties of the 
office until a mayor is chosen and swoiti. 

Sect. 8. When it a]ipears to tlie mayor and aldermen, that there is 

ward 
for 
elections to fill such vacancy at such time and place as they deem ad- 
visable. 

Sect. 9. Ward officers authorized to act at elections, shall attend 
and perforin their respective duties at the times and places ap])ointed 
for elections of officers, whether of the United States, state, city, or 



an- divided, of- 
ficers of, how 
to act. 
1.S51, 167, § 1. 

Officers elected 
after rlivision to 
liold till, &c. 
l.Kjl, 107, §2. 



Vacancies in 
liD.ird of mayor 
hI al.loniv 



IS+5, 217, §§1,2. 
See § 11. 



If mayor is not 

elected, who to 
perform duties. 
ISM, 217, §4. 
See § 11. 
Vacancies in 



city or ward of- a Vacancy either in their board, tlie common council, or any city or ward 
i'i5]5%']'5i"§V ' office, to be filled by j)opular election, they shall issue their warrant foi 



See§ 11. 



AVrird officers, 
d ri-M of. 
1S15, 217, § 3. 
.S.Ǥ 11. 



Chap. 20.] 



CENSUS. 



167 



l&ol, 70, §§ 1, 3. 



wards, ami shall make and sign the regular returns of the same. If a ■ward Wani officers 
officer is absent from a meeting, the office may be filled, joro to>!^)orf, ^™'""^'"'"''' 
by the voters present, by nomination and hand vote if they so determine. 

Sect. 10. City officers wlio were residents of tlie ward at the time Removal from 
of their election, shall discharge the duties of their offices notwith- quaLiry°city offl- 
standing their removal afterwards into any other ward of the city. ?S-'oi~ 

Sect. 11. The five preceding sections shall be in force in those cities See|n'.' 
only which have adopted chapter two hundred and seventeen of the stat- Kve precedinsr 
utes of eighteen hundred and forty-five, or which shall adopt said sections, fn^^ce.^ """^ 

Sect. 12. The mayor and any alderman or member of the common i**5> 2i~, § i. 
council of a city which has adopted chapter seventy of the statutes of mayhoM otuer 
eiifliteen hundred and fifty-one, or which .shall adopt this section, may offices, &e 
at tiie same time hold any other office under the city government to 
which he may be chosen, except one of emolument. 

Sect. 1:5. The city council of each city may make such rules City councils 
and regulations for the erection and maintenance of balustrades, or "rectroSo'f tal- 
other projections upon the roofs or sides of buildings therein, as the ustradcs.&c. 
safety of the public requires, with penalties for the violation thereof, '"' 
not exceeding twenty dollars for each otience ; l)ut no such rule or regu- 
lation shall take ettect until the same has been publisheil at least sixty 
days in some newspaper printed in the city or in the county in which 
the city is situated. 

Sect. 14. The mayor and aldermen of a city may make rules and Regiiiations of 
orders for the regulation of all carriages and vehicles used either JSj-Jol^r^i i, a. 
wholly or in part therein, whether with or without animal j)0wer, with I'^^^^^f^ 
] penalties for violations thereof, not exceeding twenty dollars for one 
ort'euce ; and may receive annually one dollar and no more for each 
license, granted by them to a person to set up and use any carriage or 
vehicle within such city. Such rules shall not take eflect until they 
have been juiblished at least one week in some newspaper published in 
the city or in the county in which the city is situated. This section shall 
not impair the right of a city to make by-laws relating to the subject. 

Sect. 15. The city marshal or other imncipal police officer, or the City officers 

*' , ,^ Hi. iVi' J* •* 1-1 mav prosecute, 

City treasurer, may prosecute tor all fines and loneitures which may ^c.- ^ 
iuiire to the city or the poor thereof, and may also ])rosecute for tres- j^,f -g^' ^ ''^■ 
passes committed on any pubUc building or enclosure within the limits ito-il 419. 
of the city. 

Sect. 16. Xo new division of wards in any citv comprisinir more rivisionof 

, .... 1 1, 1 1 • 1 u. ii * wards in cities. 

than one representative district, shall be made previously to the next l^3^,309, §2. 
apportionment of senators and representatives. 

Sect. 17. In laws relating to cities, the words mayor and aldermen " Mayor and ai- 
shall in their application to the city of Boston, unless provision is other- Boston,' imw 
wise made, be construed to mean board of aldennen. Ss"/ «"» "s 33 



CHAPTEK 20. 



OF THE CENSUS. 



Section 

1. Census of inhabitants and voters, to be 
taken in 180.5 and every tenth year after. 

2. by whom taken. Returns, &c. 



Section 

3. Secretary to furnish blanks, &c. 

4. Penalties, 



Section 1. There shall be taken in the several cities and towns, in census to be 
the year one thousand eight hundred and sixty-five and every tenth an'ffpV^ry^tenth 
year thereafter, a census of the inhabitants, ratable polls, and voters as year alter, &c. 
they were on the first day of May of the same year ; distinguishing in 



IG8 



[Chap. 21. 



Amend, const. 
: rts. 12, 13, 21, 

','<-,5, 4.-!9, § 2. 
;,N)?, (iO, § 1. 

^'^c-nsus, hy 
■".liom taken. 
] ; -turns, £ic. 
. m7, M, § 2. 



Secretary to 

inraisU tlauks, 

Ac. 

IciSr, IJO, § 4. 



Penalties. 
ISSr, (10, §3. 



the enumeration of the inhabitants, the males and females, the color of 
each, the ages within decennial periods, the natives, the foreigners, nat- 
uralized voters, and tlie country in whieli the foreigners were born ; and 
in the enumeration of the voters of cities, the number in each ward. 

Sect. 2. The census shall be taken in cities by agents ajipointed by 
the mayor and aldermen, and in towns by the assessors. Such agents 
and assessors sliall be sworn, shall make out in words at length a return 
of the result of said census, and shall sign and make oath to the truth 
thereof; and a certificate of the oath by the magistrate administering it 
shall be annexed thereto. They shall, on or before the twentieth day of 
June of the same year, deliver the return to the sherift" of the county, 
who shall transmit it to the office of the secretary of the common- 
wealth on or before the last day of said June ; or the agents or assess- 
ors may themselves transmit the return to the office of the secretary 
on or before the day last named. 

Sect. 3. The secretary shall, on or before the first day of May of 
each year in which the census is to be taken, transmit to the clerks of 
the several cities and towns, printed forms for the returns required by 
this chapter, and shall annex thereto a notice that the returns must be 
made into his office on or before the last day of June. 

Sect. 4. If an agent or assessor wilfully refuses or neglects to per- 
form any duty required of him by this chapter, he shall forfeit a sum 
not exceeding five hundred dollars, and if he is guilty of wilful deceit 
or fiilsehood in the discharge of liis duty, he shall forfeit a sum not ex- 
ceeding two thousand dollars or be imprisoned not exceeding one year. 
A sheriff who wilfully refuses or neglects to perform the duty required of 
him by this chapter, shall forfeit not exceeding one thousand dollars. 



CHAPTER 21. 



OF THE REGISTRY AND RETURNS OF BIRTHS, MARRIAGES, AND DEATHS. 



Section 

1. City and town clerks to record births, mar- 
riages, and deaths. 

2. Parents and others to give notice of births 
and deaths. 

3. Physician to certify, &c. Penalty. 

4. Sextons and otlicrs to make returns to city 
and town clerks. Clerks to give certifi- 
cates. Penalties. 

5. Clerk to transmit copies of records to sec- 
retary. 

6. record of, to be evidence. 



Section 

7. Clerk, fees of, &c. Penalty. 

8. Superintendents of state almshouses to re- 
cord, return, &c., facts in relation to births, 
&c. 

9. Secretary to furnish blank books and forms 
for returns. 

10. to cause returns to be bound, &c. ; to re- 
port to legislature, &c. 

11. Registrars may be cliosen in certain cases. 

12. Secretary to prosecute for jienalty. 

13. Towns may make additional rules, &c. 



City and town 
clerks to record 
births, marri- 
ages, and 
deaths. 
R. S. 15, § 40. 
1844, 15fl, § 1. 
1849, 202, § 1. 



Section 1. The clerk of each city and town shall receive or obtain, 
and record and index, the followini]^ facts concerning the births, mariiages, 
and deaths, therein, separately numbering and recording the same in 
the order in which he receives them, designating in scjiarate columns ; 

In the record of births, the date of the birth, the phice of birth, the 
name of the child, (if it have any,) the sex and color of the child, the 
names and the ])laces of birth of the parents, the occu])ation of the father, 
the residence of the parents, and the date of the record ; 

In the record of marriages, the date of the marriage, the place of 
marriage, the name, residence, and official station of the person by 
whom married, the names and the places of birth of the ])arties, the 
residence of each, the age and color of each, the condition of each, 
(whether single or wid<nved,) the occupation, the names of the parents, 
and the date of the record ; 



Chap. 21.] registry, &c., of births, marriages, and deaths. 109 

In the record of deaths, the date of the death, the name of the de- 
ceased, the sex, the color, the condition, (whether single, widowed, or 
married,) the age, the residence, the occupation, the place of death, the 
place of birtli, the names and jdaces of birth of the parents, the disease 
or cause of death, the place of burial, and the date of the record. 

Sect. 2. Parents shall give notice to the clerk of their city or town r.im.ts and 
of the births and deaths of their children ; every householder shall give O'l'^rs to ^v<? 

,., . ,, 1 • 1 Till - *. 1 • 1 11^ iiotict* of births 

like notice oi every birth and death lia])pening m his house; the eldest aud deaths, 
person next of kin shall give such notice of the death of his kindred; isifjias.^'''^' 
the keeper of a workhouse, house of correction, prison, hospital, or alms- 1855,360. 
house, except the state almshouses at Tewksbury, Bridgewater, and Mon- 
son, and the master or other commanding officer of any ship shall give like 
notice of every birth and death happening among the persons under his 
charge. Whoever neglects to give such notice for the space of six months 
after a birth or death, shall forfeit a sum not exceeding five dollars. 

Sect. 3. Any physician having attended a person during his last rhysician to 
illness, shall, when re<|uested within filteen days after the decease of J^y'j')'' *'• 
such ]>erson, forthwith furnish for registration a certificate of the dura- 
tion of the last sickness, the disease of wliich the person died, and the 
date of his decease, as nearly as he can state the same. If any physi- 
cian refuses or neglects to make such certificate, he shall forfeit and pay 
the sum of ten dollars to the use of the town in which he resides. 

Sect. 4. Every sexton, undertaker, or other ]ierson having charge of Scxtonsand 
a burial-ground, or the superintendent of burials having charge of the "'{'urns'to^dt'jf 
obsequies or funeral rites preliminary to the interment of a human body, and toiyn clerks, 
shall forthwith obtain and return to the clerk of the city or town in i»S!i.5!sH. 
which the deceased resided or the death occurred, the facts iXMjuired by i&i'J. 202, § 3. 
this chapter to be recorded by saiil officer concernhig the deceased, and 
the jierson making such return shall receive from his city or town the 
fee of ten cents therefor. 

The clerk, upon recording such facts, shall forthwith give to the per- cierktogive 
son making such return, a certificate that such return has been made, certiflcate. 
which certificate such person shall deliver to the person having charge 
of the interment, if other than himself, before the burial when practi- 
cable, otherwise within seven days thereafter. When a burial takes 
place and no certificate is delivered as aforesaid, the sexton, undertaker, 
or other jjerson having charge of the interment, shall forthwith give 
notice thereof to the clerk under penidt^' of twenty dollars. 

Sect. 5. The clerk of each city and town shall annually on or before to transmit 
the first day of February, transmit to the secretary of the commonwealth, J,",?y"'of'statL"^ 
certified copies of the records of the births, marriages, and deaths, whieli is44, 159, §i. 
have occurred therein during the year ending on the last day of the pre- 'f^W'^oa, §5. 
ceding December. 

Sect. 6. The record of the town clerk relative to any birth, mar- record of, to 
riage, or death, shall be 7»-»n«/«c/e evidence, in legal proceedings, of ''" ''^■"'™'^'^- 
the facts recorded. The certificate signed by the town clerk for the 
time being shall be admissible as evidence of any such record. 

Sect. 7. The clerk shall receive from his city or town for obtaining, fees of, &c. 
recording, indexing, and returning to the secretary of the common- J^""lg^/, §5 2, 3. 
wealth, the facts in relation to a birth, twenty cents ; a marriage, ten 
cents; a death, twenty cents for each of the first twenty entries, and 
ten cents for each subsequent entry, as the same shall be certified by 
the secretary of the commonwealth ; but a city or town containing 
more than ten thousand inhabitants may limit the aggregate compensa- 
tion allowed to their clerk. He shall forfeit a sum not less than twenty 
nor more than one hundred dollars for each refusal or neglect to per- 
form any duty required of him by this chajiter. 

Sect. 8. The suiierintendents'of the state almshouses at Tewksburv, Superintend- 
Bndgewater, and Monson, shall obtain, record, and make return of, the almshouses to 
15 22 



170 



WORKHOUSES AND ALMSHOUSES. 



[Chap. 



^•^i 



record, return, 
»fec., facts, in re- 
lation to births, 
&c. 
185*5, 3G6. 



Secretary to 
furnish blank 
books and 
forms for re- 
turns. 

IfrH, 150, §§ n, ; 
1849, 202, § 5. 



to cause re- 
turns to be 
bound, &c. 

to report to 
ley^isliiture, &c. 
ISH, 15t), § 7. 
1S4'J, 2U2, § 5. 



Kegistrars may 
be chosen iu 
certiun cases. 
1^9,202, § 1. 



Secretary to 
prosecute lor 
penalty. 

Towns may 
make additional 
rules, &c. 



fixcts in relation to tlie births and deaths which occur in their respective 
institutions, in like manner as is required of town clerks. The clerks of 
said towns shall, in relation to the births and deaths of persons in said 
almshouses, be exemjjt from the duties otherwise required of them by 
this eha})ter. 

Sect. 9. Tlie secretary sliall at the expense of the commonwealth 
prepare and furnish to the clerks of tlie several cities and towns, and to 
the supenntendents of the state almshouses, blank books of suitable 
quality and size to be used as books of record under this chapter, blank 
books for indexes thereto, and blank forms for returns, on ])a])er of uni- 
form size ; and shall accompany the same with such instructions and 
explanations as may be necessary and useful. City and town clerks 
shall make such distribution of blank forms of returns furnished by the 
secretary as he shall direct. 

Sect, 10. The secretary shall cause the returns received by him for 
each year to be bound together in one or more volumes with indexes 
thereto. He shall prepare from the returns sucli tabular results as will 
render them of practical utility, make report thereof anmnJly to the 
legislature, and do all other acts necessary to carry into eliect the pro- 
visions of this chapter. 

Sect. 11. Any city or town containing more than ten thousand in- 
habitants, may choose a person other than the clerk to be registrar, who 
shall be sworn, and to whom all the provisions of this cha])ter concern- 
ing clerks shall apply. The returns and notices required to l>e made 
and given to clerks shall be made and given to such registrar under like 
penalties. 

Sect. 12. The secretary of this commonwealth shall prosecute, by 
an action of tort, in the name of the commonwealth, for the recoveiy 
of any penalty or forfeiture imposed by this [chapter] [ar?]. 

Sect. 13. . Any city or town may make rules and regulations to 
enforce the ]irovisions of this chapter, or to secure a more perfect regis- 
tration of births, marriages, and deaths, therein. 



CHAPTER 22, 



OF WORKHOUSES AND ALMSHOUSES. 



Section 

1. Cities and towns may provide workhouses 
or almshouses. Persons who may be com- 
mitted thereto. 

2. not to erect almshouse, &c., in any other 
place without consent, &c. 

3. Directors of workhouse, master, &c. 

4. Meeting's of directors. 

3. Cities and towns may provide a work- 
house, &c., iu common. 

6. Joint board of directors. 

7. Each place to choose three directors, &c. 

8. Quarterly and other meeting's of the di- 
rectors. 

9. Board may choose moderator and clerk. 

10. may make by-laws, &c. 3Iay allow com- 
pensation to master and assistants. 

11. may act upon other matters. 

12. Compensation of master, &c., to be paid by 
places interested. 



Sectiox 
!3. Remedy ag^ainst places neglecting to pay. 

14. Cities and towns not to send more than 
their proportion, in case, &c. 

15. Any place refusing to contribute to ex- 
penses shall not use the Iiouse. 

10. Each place may furnish materials, &c., for 
persons committed by its authority. 

17. Masters to keep register of persons com- 
mitted, &c. 

18. Controversies between master and over- 
seers, how determined. 

lt>. Profits and earnings, how appropriated. 

20. How persons may be dischargeii. 

21. Persons committed to be kept employed. 
Discipline. 

22. Provisions respecting foreigners commit- 
ted. 

23. Workhouses may be discontinued. 

24. Construction of this chapter. 



S^smaypro- SECTION 1. A city or town may erect or provide a workhonse or 
Tide work- almshouse for the employment and support of poor and indigent per- 



Chap. 22.] workhouses and almshouses. 171 

sous who are maintained by or receive alms from the city or town ; houses or aims- 
jiersons who, being able of body to work and not liaving estate or p"r|ons who 
means otherwise to maintain themselves, refuse or neglect to work; may be commit- 
]iersons who live a dissolute, vagrant life, and exercise no ordinarj' call- K^'s.'T^Ti. 
ing or la^rt'ul business ; jiersons who spend their time and property in J'?- *!']< § *■ 
jiublic houses to the neglect of their proper business, or wdio, by other- '' 
wi.se misspending what they earn to the impoverishment of themselves 
and their fimilies, arc likely to become chargeable to the city or town ; 
and other persons sent thereto under any provisions of law. 

Sect. 2. Xo city or town shall erect or maintain an almshouse or Toivns, *c,not 
liouse of correction within the limits of any other place, without the J" "cct •aims- 

„ , , , J I J house, &c., in 

consent oi such other place. other place, &c. 

Sect. 3. Every city or town having a workhouse or almshouse may j^''' '-"■"• 
annually choose three, five, seven, or more directors, who shall have the workhouse, 
insjieetion and government thereof, and who may appoint a master and k"'s"^io*§§''' 3 
necessary assistants, for the more immediate care and superintendence of 
the persons received or employed therein. Wliere such directors are 
not specially chosen, the overseers of the poor shall be the directors. 

Sect. 4. Once in every month, and at other times as occasion may jieetings of di- 
require, the directors shall hold meetings for the jiurpose of determin- g'^s'^^o « 4 
ing the most eligible mode of discharging their duties. At such 
monthly meetings they may make needful orders and regulations for the 
house, which shall be binding until the next meeting of the town or of 
the cit\^ council, when the same shall be submitted to such meeting, 
and if approved shall remain in force until revoked by the town or the 
city council. 

Sect. 5. Any number of cities or towns may at their joint charge Towns may 
and for their common use erect or provide a workhouse or almshouse, ■iv'o"k'ho'u6e"''* 
and purchase land for the use thereof R- .5. ifi, § s. 

Sect. 6. The ordering, governing, and repairing, of such house, the .loim board'of 
appointment of a master and necessary assistants, and the power of i'"'^"'?!*'! « 
removing them for misconduct, incapaeitj^ or other sufficient cause, 
shall be vested in a joint board of directors, who shall be chosen an- 
nually by the several ]ilaces interested. 

Sect. 7. Unless all the jdaces interested in such house shall agree to Eaehpi^twto 
choose a diflerent number, each of them shall choose three members of *^i°rs 'Ifccf" *" 
the board; and in ease of the death of a director, or of his removal is. s. ic, §§ 7,8. 
from the jdace for which he was chosen, the vacancy may be supplied 
by such place. If a ]jlacc neglects to choose directors, those chosen by 
the other places shall have the whole charge of the house. 

Sect. 8. Stated quarterly meetings of the board shall be holden on Quarterly and 
the first Tuesdays of January, Aj-riT, July, and October, at the work- ^*f",'i[rrcu"sT 
house or almshouse under their charge, for the purpose of inspecting k. s. i6, § 9. 
the management and directing the business thereof Meetings of the 
board may be called at other times by the directors chosen by any place 
interested, they giving notice of the time and ]>urpose thereof to the 
other members of the board in such manner as shall have been agreed 
upon at a stated meeting. 

Sect. 9. The board of directors may choose a moderator; and at Board may 
their first general meeting they shall appoint a clerk, who shall be sworn tOTand "cUrk™ 
and shall record all votes and orders of the board. k. s. i6, § lu. 

Sect. 10. At a general quarterly' meeting, if one-half of the mem- may make by- 
))ers are pi-esent, they may make reasonable orders and by-laws not '"m^iV^uow 
repugnant to the laws of the commonwealth for ordering and regulating compensation 
the house under their charge, and may agree with the master and 1". ^"10^ §'§'11; 
assistants, and order a suitable compensation for their services. i'-- 

Sect. 11. Other matters maybe acted upon at any other meeting may act upon 
duly notified, if one-third of the members are present: but the doinijs ?,*'c''^,'?"rf.r^' 

,i ' 1 . 11 1 • T 1 , . ^ K. S. lu, J 1.:. 

01 such meetings may be altered or revised at any general stated meeting. 



172 



WORKHODSES AND ALMS'HOUSES. 



[Chap. 



22 



Compensation 

of master, itc, 

to be pai.i by 

places iutercst- 

ctl. 

It. S. 11), § i:J. 



Remedy against 
places uoglect- 
ing to pay. 
K. S. l.i, § li. 
1852, 312. 



To^vns not to 
send moi-e thau 
their propor- 
tiou, &c. 
K. S. 10, § 15. 



Any place re- 
fusing to con- 
tribute to ex- 
penses, shall 
not use house. 
K. S. 16, § 10. 



Each place may 
furnish maturi- 
als, Ac, lor p^T- 
Bous committed 
by its author- 
ity. 
K. S. 10, § 17. 



Masters to 
keep register of 
persons com- 
mitted, &c. 
It. S. 10, § 18. 



Controversies 
between master 
and overseers, 
how deter- 
mined. 
K. S. 10, § 1'.). 
Profits and 
earnings, how 
appropriated. 
K. S. 10, § Zi. 



How persons 
may be dis- 
ciiarged. 
K. S. 10, § 20. 
185U, 190. 



Persons com- 
mitted to be 
kept employed. 
Discipline. 
It. S. 10, § 21. 



Provisions re- 
specting lor- 
cigners'commit- 
ted. 

E. S. 10, § 22. 
1852, 275. 



Sect. 12. The yearly compensation of the master and assistants, (in 
addition to the allowance hereafter provided in this ehajjter for their 
services,) and also the expense of keeiiing the house in repair, shall be 
jiaid by the several ])laces interested, in ]iro])ortion to their state ta.x at 
the time when the expense may have been incurred, or in such jiropor- 
tion as the ])laees interested shall agree. 

Sect. 13. If a place refuses or neglects to advance or reimburse its 
proportion of the sums of money mentioned in the ]>receding section, 
or of any other charges mentioned in this chapter, after the same liave 
been adjusted by the joint board of directors, the same may be re- 
covered of such delinquent place in an action of contract brought by 
any person whom tlie board shall in writing a]i)ioint for that purpose. 

Sect. 14. No greater number of persons belonging to a city or town 
shall be received into such workliouse or almshouse, than such city's or 
town's proportion of such house, when the recei\'ing of them would 
exclude or be inconvenient to such as belong to the other places inter- 
ested. 

Sect. 15. If any place refuses or neglects to provide its proportion 
of the necessary expenses of such house, or of the materials, imjilements, 
or other means, for jierforming tiie work there required, according to its 
agreement or the directions of the joint board of directors, such place 
shall be deprived of the ]irivilege of sending any person thither during 
the time of such neglect or refusal. 

Sect. 16. Each place may fn-nish such additional materials, impkiuents, 
and means of work, as the overseers of the poor thereof may choose, for 
the eni})loyment of any person committed to such house ; and the master 
of the house shall receive the same, and keep them separate from those 
of the other places, and shall be accountable to each place interested, as 
well for the cost as for all profits and earnings made by the labor of the 
persons committed to said house from such place. 

Sect. 17. The master of each workhouse and almshouse shall keep a 
register of the names of the persons committed or received, the places 
to which they belong, the dates of their reception and discharge, and of 
their res]iective earnings, to be submitted to the overseers of tlie poor 
upon their request. 

Sect. 18. Controversies between the masters and the overseers of 
the poor of any place respecting the accounts or other official doings of 
the masters, shall be determined by the directors of the house at their 
general or quarterly meeting. 

Sect. 19. The ])rofits and earnings arising from the work of persons 
committed to the workhouse or almshouse, with the stock remaining on 
hand, shall be disposed of as the overseers of the poor of the several 
places shall think pro]ier, either to the use of their cities or towns, the 
persons committed, or their families. 

Sect. 20. No person committed to the workhouse shall be discharged 
within the time for which he was committed, exce])t by the jiolicc court 
or justice who made tlie commitment, the directors of the house at their 
general or quarterly meeting, or by the su])erior court, at any term held 
in the county where such house is situated, for good cause shown upon 
ap])lication for that ])urpose. 

Sect. 21. Every ))erson committed to a workhouse .shall if :;ble to 
work be ke)it diligently employeil in labor during tlie term of his com- 
mitment. If he is idle and iloes not perform such reasonable task as 
is assigned, or is stubborn aiul disorderly, he shall lie jiunished according 
to the orders and regulations estalilished by the directors. 

Sect. 22. When a person not having a legal settlement in tliis state 
shall become idle or indigent, he may be committed to the workliouse 
to be there employed, if able to labor, in the same manner and under 
the same rules as other persons there committed. 



Chap. 23.] 



W.iTC'H AND WARD. 



173 



Sect. 23. A Tvorkhouse or almsliouse may be discontinued or appro- Workhouses 
priated to any other use, when the place or places interested so deter- SVd? ''''"^"°' 
mine. H- s. in, § 24. 

Sect. 24. Xothing contained in this chapter shall affect any powers ronstruction of 
or privileges heretofore granted to cities or towns, or the overseers of H"|'^'i5'l*Ji 
the poor thereof, by acts specially relating to workhouses or almshouses 
therein. 



CHAPTER 23, 



OF WATCH AND WARD. 



Section 

1. Watdl, cities, Ac, may establish. 

2. duties ami powers of. 

3. badges and weapons of. 

4. Selectmen, &c, may order watch, &c., where 
none is established. 

5. Persons liable to watch, &c. 

6. Persons exempt. 

7. Penalty on persons liable, &c., refusing, Ac. 

8. Watch districts may be established in vil- 
lages. 

9. Selcctraea, &c., to notify meeting, upon ap- 
plication in writing, &c. 

10. Proceedings when village is situated in two 
or more towns. 



Section- 

11. Clerk. 

12. Prudential committee. 

13. Annual meetings for choice of otEcers. 

14. ileetings, how called, ic. 

15. Districts may raise money, which shall be 
under cliarge of prudi'ntial committee, &c. 

16. Clerk shall certify to assessors amount to 
be raised. 

17. Duty of assessors, when district is situated 
in two or more towns. 

18. Territory adjoining a district, how an- 
nexed. 

19. Watch districts heretofore organized. 



Sectiox 1. A city or town may establish and keep a watch and de- Watch, cities, 
termine the number and qualifications of the persons to be employed f^^i; '""^ "'""'*■ 
for that puqiose. The mayor and aldermen or selectmen shall a])point a k. s. 17, 5§r,8. 
suitable person to be officer of the watch, and direct the manner in 
which watchmen sh:dl l)e equijiped. The expense of the watch shall 
be defrayed in like manner as other town charges. 

Sect. 2. The watch shall see that all disturbances and disorders are duties and 
prevented and suppressed. During the night time they may examine J"*™""!'! 
all ]iersons abroad whom they have reason to suspect of any unlawful i»3o, isd. 
design, demand of them their business abroad and whither they are 
going ; may disperse any assemlily of three or more such persons, and 
enter any building for the pui-pose of suppressing a riot or breach of the 
peace therein. Persons so suspected and not giving a satisfactory ac- 
count of themselves, persons so assembled and not disjiersing when 
ordered, and persons making, aiding. Or abetting in a riot or disturb- 
ance, may be aiTested by the watch, and shall thereupon be safely !:ept, 
by imprisonment or otherwise, until the next morning, and then taken 
before a police court or some trial justice, to be examined and proceeded 
against. 

Sect. 3. Officers and members of the watch, when on duty, may badges and 
cany a club of not more than eighteen inches in length ; shall wear such R'^g^'iTssb g 
badge of office as the mayor or selectmen direct, and shall walk the 1855, 11s. 
rounds in and about the streets, lanes, whan^es, and principal inhabited 
parts of the city or town, to prevent danger by fire, and to see that 
good order is kept. 

Sect. 4. The mayor and aldermen or selectmen of any place wherein Selectmen, ic, 
no watch as above provided is established, may, from time to time, S^c^'^l^'c 
order a suitable watch to be kept in their place, and warn all jiersons where none is 
liable to watch and ward duty to perform the same. They may direct r*s. i7,'§5 3, 9 
the number of the watch, the places and hours for keeping the same, 
may order in writing any constable or officer of the watch to warn such 
15* 



174 WATCH AND WARD. [ChAP. 23. 

watch, either by himself or by some jjcrson therefor by him n]i]iointedi 
and to see that all persons so warned attend and perform their duty. 
Persons liable Sect. 5. Every male person of the age of eighteen years or u]i\vards, 
K-s"]?''!*" I'sing "'^l"-' of bod}', or having sntlicient estate to hire a substitute, and 
not exem])t, shall be liable to watch and ward in his city or town, and 
shall perform the duties, be subject to the liabilities, and have the pow- 
ers of watchmen as the same are defined in this chaptei-. 
Persons ex- Sect. 6. Justices of the peace, mayors, aldermen, selectmen, sheriffs, 

?J"E*j_ ^ r, settled ministers of the gospel, and persons living more than two miles 

from the place where such watch and ward is kept, shall be exem]it. 
Penalty on per- Sect. 7. Persons liable to watch and ward, and without reasonable 
rcmsin''^'&ct'^'' excusc neglecting or refusing to appear and do duty personally or by 
K. s. \f, §§ 9, 10. sufficient substitute, and constables or officers or members of the watch 
1852] 312! refusing to execute and observe proper orders, shall forfeit ten dollars, 

to be recovered by complaint to the use of the commonwealth, or by 
action of tort to the use of the city or town. 

WATCn IN VILLAGES AND DISTEICTS. 

Watch districts Sect. 8. Watch districts may be established and organized in vil- 
lisiiwUn vii-'^ lages containing not less than one thousand persons, for the ]irotection 
i.-i?es. of property against fire, thieves, and robbers, and for keeping the streets 

1S35, 274, §§ 1,5. q^^j^j. .j^ ^i^-p j^'j^.j^^ jjjj^p 

Selectmen, &c., Sect. 9. The Selectmen of a town, upon the ajiplicatiou in writing 

im""ui)oii'"m)U- "^ ^^t less than seven freeholders, inhabitants of such village the limits 

cation in writ^ of wliicli shall be defined in the ajiplication, requiring them to notify a 

isis.^H, § 2. meeting of the persons in such district qualified to vote in town affiiirs, 

for considering the expediency of establishing such watch district, shall 

forthwith give notice to such voters, in the manner in which notice of 

town meetings is given, to assemble at some suitable place within the 

district for said purpose, the substance of which shall be expressed in 

the notification. If the selectmen refuse or neglect to give notice of 

such meeting, any justice of the peace in the county may so notify the 

same. 

Proceeriinfjs Sect. 10. When such village belongs to two or more towns, the 

when viiiii^e i» yotcrs thereof may organize such district .at a meetin"- called and noti- 

situated in two .,,.•' -^ - . . , . . ^ „ , 

or more towns, fied as provided in the jireceding section by any justice 01 the peace tor 

1855, 274, § .). the county in which either town is situated, to whom appjlic-ition has 

been made by at least five voters of each town who are inhabitants of 

such district. 

Clerk. Sect. 11. If at any such meeting the voters present determine to 

1854,274, §§4,5. gg(-j(y;j,jj ^xxch district, a clerk shall be chosen, who shall be sworn to 

keep a true record of the proceedings of all meetings and to perforin all 

duties of clerk of the district so long as he holds the office. He may 

be removed by the district, or may resign, and in case of a vacancy 

another may be cho.sen. 

Prudential com- Sect. 12. A prudential committee of not less than three nor more 

"sM^OT, §§ s, ^^^^ five persons shall be chosen by ballot, and shall be sworn. 

Annual meit- Sect. 13. The prudential committee shall annually issue their w.ar- 

ol^fficers''"''^" '"'^"ts to the clcfk, requiring him to call a meeting in the month of 

1855, 274, §9. ]\Iarch for the ]nirpose of choosing officers. Such officers shall perform 

the duties of tlieir offices until others are chosen. 

Meetings, how Sect. 14. jMeetiiigs of the district shall be called by the clerk when 

isM,'274,''§s 2 requested in writing by the )n-udential committee or seven voters of the 

3,7. district. He shall give notice thereof by posting written notifications 

in at least six jiublio places in the district, not less than seven days 

prior to the meeting, which notifications shall contain a brief statement 

of the purposes of the meeting. At each of the meetings a moderator 

shall be chosen, who shall have the powers of the moderator of a town 



Chap. 24.] 



FIRES AND FIRE DEPARTMENTS. 



175 



meeting. After the choice of a clerk he shall preside at subsequent 
meetings with like powers ujitil a moderator is chosen. 

Sect. 15. The district may, at meetings called for the pur]iose, vote Districts may 
to raise money for the payment of watchmen and other necessary ex- JirtfeilTimirbe 
penses. The prudential committee shall have the superintendence and "nt'tf charge 
control of the watchmen, have charge of and be responsible for the committccj&c. 
property enij)loyed, have the custody and management of the monej' isoo, 274, §§ j, s. 
raised, expend the same for the purposes s])ecified in the votes of the 
district, be accountable to the district for the money received by them, 
and be liable to a suit for such money or other property of the district, 
in the name of the inhabitants thereof 

Sect. 16. The clerk shall certify to the assessors of the to\^-n all cicrk shall ccr- 
sums of money voted to be raised, which shall be assessed and col- "nio'unt^'o'be"'' 
lected, liy the officers of the town in the same manner that the town raised._ 
taxes are assessed and collected, and be ])aid over to the treasurer, who li^iiet.^^-j.'"' 
shall hold the same subject to the order of the jirudential committee. 
The assessors, treasurer, and collector, of any town in which such <Iistrict 
is organized shall have the powers and perform the duties, in reference 
to the assessment and collection of said taxes, which they have and per- 
form in the assessment, collection, and abatement, of town taxes : but 
the sum so voted shall be assessed upon the property real and ]ier- 
sonal located within such district. 

Sect. 17. When a district is composed of parts of two or more Duty ofasscss- 
towns, the assessors of such towns shall transmit to the clerk of the tric'tTs'Bitmi't'ed 
district the amount of taxable propertj' in such part of their respective in two or more 
towns as is within the limits of the district ; the ]>rudential committee iK55"2"r4, § 11. 
shall thereupon apportion the money voted to be raised by the district 
among the respective towns according to the returns thus transmitted, 
and tlie same shall be collected and held in the manner provided in the 
preceding section. 

Sect. 18. When the freeholders of a territory adjoining a watch Territory 
district present to the clerk thereof a petition describing their territory JricMiow m-^" 
and requesting to be annexed to such district, the clerk shall give notice "''?i<^'J-. 
of the [letition at the next annual meeting of the district, when by a ^'~- <i - 
vote of the meeting the inhabitants of such tenitory may be annexed 
to the district. 

Sect. 19. Watch districts heretofore legally organized shall continue. Watch districts 
and be subject to the provisions of this chapter in relation to watch Ij^ecu'^'^ '"^' 
districts. 



CHAPTER 24. 



OF FIRES AND FIRE DEPARTMENTS. 



EXTINGinSHMENT OF FIRES. 

Section 

1. Fircwards to be chosen, &c. 

2. Penalty for not accepting' or refusing. 

3. I-^rowards shall attend at fires. 

4. selectmen, &c., may order buildings to be 
pulled down, &c. 

5. 0\mers of buildings, &o., pulled down, to 
bo indemnilied, except, &c. 

G. Firewards may command assistance. 

7. may give orders to enginemen and oth- 
ers, Ac. 

8. Embezzling, Ac, of property at a fire to be 
deemed larceny. 

EXGIXEMES. 

9. Selectmen, &c., to appoint enginemen. 



Section' 

10. Xumber of enginemen to each engine. 

11. Axe-mcn, &c., to be appointed. 

rz. Annual meeting of enginemen In May. 
Kulca may bo made and penalties an- 
nexed. 

13. greetings of engine companies. 

14. Selectnioii, <fcc., to appoint enginemen to 
private engines. 

15. If selectmen, &c., refuse, commissioners 
may appoint. 

16. EntrnK'nnn to live near engines. 

17. if ni-^diL^int,niay be discharged. 

18. conipiusatiiin of. 

19. Chief engineer, &c., to certify to assessors. 
Assessors shall examine and certify lists. 
Treasurere shall pay. Remedy. 



176 



FIRES AND FIRE DEPARTMENTS. 



[Chap. 2-1. 



Section 

20. Penalty for refusing certifieatp, &c., or 
making' false one. 

21. Three precetlm*j sectious not to apply un- 
less adopted. 

22. Penalty for iiyuring fire engines. 

FIRE HEPARTMENTS. 

2.1. Fire departments may be organized, &c. 

24. Engineers, selectmen to appoint, &c. 

25. organization of. 

20. to have powers of firewards ; to appoint 
enginemcu, &c. 

27. Organization of enginemen, &c., their by- 
laws, &c. 

28. Privileges and duties of engineers, &c. 

20. Engineers to have care of engines, and 
other fire apparatus. 

.30. may make rules, as to carrying fire, light- 
ed matches, &e., in streets, &c. 

31. Other general powers, as to preventing, 
&c., fires. 

32. Future acts establishing fire departments, 
&c. 

FIRE DISTRICTS. 

33. Fire departments in villages and districts. 

34. proceedings before establishment of. 

35. Selectmen, or justice of the peace, may call 
meeting of district, upon request of seven 
freeholders. 



'Section 
30. Who to vote at such meetings ; clerk to be 

chosen ; his duties. 
37. At such meeting, tire department may be 

established. 
.38. Engineer, &c., how chosen. 

39. Meetings of fire district, how called and 
conducted. 

40. Board of engineers to make rules and regu- 
tious, appoint enginemen, &c. 

41. Power of engineers, and liability of district 
for their acts. 

42. Privileges, &c. ; compensation. 

43. Jlouey may be raised, to be under charge 
of prudential committee, to be chosen, &c. 

44. Assessment and collection of money voted 
to be raised by fire district. 

45. Uy-laws, imposing penalties, to be approved 
by superior court. 

40. Penalties, how recovered, &c. 

47. District may exclude, tfec, particular per- 
sons or estates. 

48. Districts heretofore organized. 

special provisions. 

49. Fire clubs not to be established, unless, 
&c. 

50. Penalty for joining without permission. 

! 51. Two preceding sections to be in force only, 
I &c. 



EXTINGUISHMENT OF FIRES. 



Firewards, to 

be chosen, &c. 
K. S. ly, § I. 



Penalty for not 
accepting or 
refusing. 
R. S. 18, § 2. 



Firewards shall 
attend at fires. 
K. S. IS, §3. 
5 Cush, 209. 

selectmen, 
&c., may order 
buildino^s to he 
pulled down, 
&c. 
E. S. IS, § 4. 



Owners to be 
indemnified, ex- 
cept, &c. 
K. S. IS, § 7. 
8 Met. 402. 
5 Cush. 2(59. 
a Cush. 433. 

Firewards may 
command as- 
sistance. 
K.S. IS, §5. 



may give or- 
ders to engine- 
men and others, 
^c. 
K. S. IS, § G. 



Section 1. The inhabitants of each town at their annual meeting, 
and the city council of each city, may elect sucli number of suitable 
persons to be firewards therein as tliey deem necessary. 

Sect. 2. Each person elected sliall forthwith have notice thereof, 
and within three days after such notice shall enter his acceptance or 
refusal of the office with the town clerk ; whoever after such notice 
neglects so to enter his acceptance or refusal shall, unless excused by 
the city or town, forfeit ten dollars, and another may be elected in his 
place. 

Sect. 3. When a fire breaks out in any place, the firewards sliall 
immediately rej^air thereto, and shall carry a suitable staff or badge of 
their office. 

Sect. 4. The firewards or any three of them present at a ]^lnee in 
immediate danger from a fire and where no firewards are appointed, the 
selectmen or mayor and aldermen present, or in their absence two or 
more of the civil officers present, or in their absence two or more of 
the chief military officers of the place present, may direct any house or 
building to be pulled down or demolished when tlicy judge the same to 
be necessary in order to prevent the spreading of the fire. 

Sect. 5, If such pulling down or demolishing of a house or building 
is the means of stopping the fire, or if the fire stojis before it comes to 
the same, the owner shall be entitled to recover a reasonable compensa- 
tion from the city or town ; but when such building is that in which 
the fire first broke out, the owner shall receive no compensation. 

Sect. 6. Such firewards or other officers may during the continuance 
of a fire require assistance for extinguishing the same and removing fur- 
niture, goods, or merchandise, from a building on fire or in danger 
thereof; and may appoint guards to secure the same. They may also 
require assistance for pulling down or demolishing any house or building 
when they judge it necessary; and may suppress all tumults and disor- 
ders at such fire. 

Sect. 7. They may direct the stations and operations of the engine- 
men with their engines, and of all other persons for the purpose of 



CUAI>. 24.] FraES AXD FIUE DEPARTJIENTS. 177 

extinguisliing tlie fire ; and whoever refuses or neglects to obey such 
orders shall forfeit for each offence a sum not exceeding ten dollars. 

Sect. 8. Whoever purloins, embezzles, conveys away, or conceals, Embczziinsj, 
any furniture, goods or chattels, merchandise or effects, of persons whose *' ■.■it'afir°''to 
houses or buildings are on fire or endangered thereby, and does not iw deemed lar- 
witliin two days restore or give notice thereof to the owner if known, i{."s.i8, §8 
or if unknown, to one of the firewaixls, mayor and aldennen, or select- 
men, of the place, shall be deemed guilty of larceny. 

ENGIXEMEX. 

Sect. 9. The mayor and aldermen or selectmen of places provided Selectmen, &c., 
with tire engines may appoint suitable persons for enginemon ; who !,°nej^en°' *'° 
shall continue in office during the pleasure of the authority appointing it- s. 18, § 9. 
them. 

Sect. 10. Such engines shall be manned as follows: each common Number of en- 
engine, or suction engine when used as a common engine only, with not jg"™^™ '° ™'''' 
exceeding thirty men ; each suction engine, when used as such, with not K-Ij. is, 5 lo. 
exceeding forty-five men : but this pro\'ision shall not affect the present 
right of any place to have a greater number of enginemen appointed 
than is herein ]irescribed. 

Sect. 11. The mayor and aldermen or selectmen maj' select from the Axemen, &c., 
enginemen any number for each engine, who shall under the direction k s^ w'Tn"^ 
of the firewards attend fires with axes, fire-liooks, fire-sails, and ladders, 
and do such further duty as the mayor and aldermen or selectmen shall 
from time to time prescribe ; and they shall be entitled to all exemp- 
tions and priWleges of other enginemen. 

Sect. 1'2. Each company of enginemen so appointed shall meet Annual meet- 
annually in May and choose a foreman, or director, and a clerk, and lufu'h™fay? 
establish such rules and regulations not renuirnant to the laws of the ""ics may be 

1^1 .• .1 . T . ■ 1 11 1 1 made and penal- 

commonwealth respecting their duty as engiiienien, as shall be apjiroved ties annexed. 

by the mayor and aldennen or selectmen ; and they shall annex penal- "• ''^ '*' § ^• 

ties thereto not exceeding ten dollars, which may be recovered by the 

the clerk in an action of tort. 

Sect. 13. Such companies shall meet together once a month, and Meetings of en- 
oftener if necessary, for the purpose of examining the engine and its k.°s.'^im™"^^ 
a]ipendages and seeing that they are in good repair and ready for use. 
They shall l)y night and day, under the direction of the firewards, use 
their best emleavors to extiugnisli any fire that may happen in their city 
or town or the vicinity thereof. 

Sect. 14. When the proprietors of an engine apply to the mayor and Selectmen, &c., 
aldermen or selectmen of a city or town in which the engine is owned, g'Jn''(!^en'tVpri- 
setting forth that they desire that the same should be employed for the vate engines, 
benefit of such place, the mayor and aldermen or selectmen may ap- ■ • "• 5 
point enginemen in the same manner, with the same privileges, and 
subject to the same regulations, as if the engine belonged to the jilace; 
and if the proprietors do not agree as to wliere the engine shall be kept, 
the mayor and aldermen or selectmen shall determine the same. 

Sect. lb. If the mayor and aldennen or selectmen upon such appli- if selectmen, 
cation refuse or delay for the space of fourteen days so to a]i]wint en- * mnUs"ionera 
ginemen, the projn-ietors may apply therefor in writing to the county may; appoint, 
commissioners, giving notice in writing to such mayor and aldermen or ^" **■ "*' ^ '*' 
selectmen seven days at least before the sitting of the commissioners, 
that they may appear and show cause, if any they have, why such en- 
ginemen should not be appointed; and if sufficient cause is not shown 
by them the commissioners may appoint the number of enginemen pre- 
scnbe.1 in section ten. . , , , Enginemen to 

Sect. lo. r-ngmemen appointed under the two preceding sections iiye near en- 
shall, if such can be obtained, be persons living at or near the place S°s''i8 5 le 
23 r . . ,8 . 



178 



FIRES AND FIRE DEPARTMENTS. 



[Chap. 24. 



Eugrincmen, if 
negliy:(^it, may 
be diseharo^ed. 
K. S. IS, S IS. 

compensation 
of. 

R. S. 18, 5 19. 
1838, 71, 5 2. 
See § 21. 



Chief eno^neer, 
&c., to certiiy 
to assessors. 
Assessors shall 
examine and 
eertily lists. 
Treasurers 
shall pay. 
Remedy. 
R. .S. IS, § 20. 
I.'i52, 312. 
bee § 21. 



Penalty for re- 
fusing: certifi- 
cate, &c., or 
making false 
one. 

IJ. S. 18, § 21. 
18.39, 135. 
1852, 312. 
See § 21. 



Three preced- 
ing sections not 
to apply unless 
adopted. 
It. S. 18, § 22. 



Penalty for in- 
juring fire en- 
gines. 
K. S. 18, § 23. 



where the engine is kept, and they shall enjoy all the privileges and 
exemptions of other enginemen. 

Sect. 17. If an engineiuan is negligent in his duties the mayor and 
aldermen or selectmen shall discharge him and appoint another in his 
stead. 

Sect. 18. Persons appointed enginemen or members of the fire 
department in any place, and who have done duty as such for one year 
preceding the first day of May in any year, shall be entitled to receive 
from the treasurers of their respective towns a sum equal to the poll ta.x 
for state, county, and town taxes, (exclusive of highway taxes,) paid by 
them, or by their jiarents, mastere, or guardians, and such further com- 
pensation as tlie town determines. 

Sect. 19. The chief engineer or the oflicer who holds the first office 
in any fire department, and the foreman or director of each company in 
any place wliere no tire department is established by law, shall annu- 
ally on or before the first day of May make out and certity to the assess- 
ors of their respective places a list of all persons in their department 
or comj)anies who througli the year pi'eceding have performed all the 
duties therein required by law. The assessors shall within ten days 
thereafter examine such lists and certify to the treasurers of their 
respective places the amount to be paid to each person named therein. 
Such treasurers shall after deducting all taxes due from the persons so 
named pay the same to them, or if minors to theii- parents, masters, or 
guardians; and ujion refusal of the treasurer to pay any sums so certi- 
fied and returned, the persons entitled may severally recover the same 
from such places in an action of contract. 

Sect. 20. If such chief engineer or other officer wilfully refuses to 
make such certificate, he shall forfeit for each person whose name ought 
to have been so certified, a sum not exceeding five dollars, to be recov- 
ered in an action of tort to his use, or on complaint to the use of the 
commonwealth ; and if such engineer or other officer makes a false cer- 
tificate in such case, he shall forfeit a sum not exceeding fifty nor less 
than twenty dollars, to be recovered in an action of tort to the use of 
the city or town, or on complaint to the use of the commonwealth. 

Sect. '21. The provisions of the tliree preceding sections shall be in 
force only in those cities and towns whicli have adopted or may adopt 
the same at the annual meeting of the town or by the city council of 
the city. When such adoption shall be revoked by the town at an 
annual meeting, or by the city council of a city, said provisions shall 
cease to be in force therein. 

Sect. 22. Whoever wantonly or maliciously injures a fire engine or 
the apparatus belonging thereto, shall be jiunished by fine not exceeding 
five hundred dollars, or by imprisonment not exceeding two years, and 
be further ordered to recognize with sufficient surety or sureties for his 
good behavior during such term as the coiu't shall order. 



Fire depart- 
ments may be 
organized, &c. 
18:W, 138, § 1. 
1S55, 128. 



Engineers, se- 
lectmen to ap- 
point, &c. 
18.3U, 138, § 2. 



FIRE DEPARTMENTS. 

Sect. 23. The selectmen of .any town may est.ablish a fire department 
therein in the manner hereinatter provided, and such department and 
every other fire department, unless ditrerent provisions are specially made 
therefor, shall be organized in the manner, and the members thereof may 
exercise the powers and shall be subject to the liabilities, hereinafter 
mentioned. 

Sect. 24. The selectmen of such town shall .annu.ally in April ap]ioint 
for such dcjiartment as many engineers not excee<liiig twelve as they 
may tliink expedient, for the term of one year from the first day of May 
following and until others are appointed in their stead; and the select- 
men shall fill all vacancies. 



Chap. 24.] FinEs a\d fire depaetments. 179 

Sect. 25. Thej- shall immediately after such appointment issue a Engineers, or- 
notiee to each of said engineers to meet at a time and place designated S' ^ss^ 3.*^' 
in the notice ; at which meeting the engineers shall choose a chief 
engineer, a clerk, and such other officers as they may deem necessary 
for their complete organization. 

Sect. 26. The engineei-s in relation to the extinguishment of fires toiiaycpow- 
shall exercise the powers which tirewards may by law have and exercise, "ards ;'tn sp- 
and in relation to the nomination and a]ipointment of enginemen shall point engine- 
exercise the powers and perform the duties of selectmen. They may isso,' issj § 4. 
appoint such number of men to the engines, hose, hook, ladder, and 
sail carriages, and to constitute fire companies for securing jn-ojierty en- 
dangered by fire, as they may think expedient ; but the number of men 
appointed shall not exceed to each suction fire engine, fifty ; to each 
common engine, thirty-five ; to each hose-carriage, five ; to each hook 
and ladder and sail carriage, twenty-five ; and to each fire company, 
twenty-five. 

Sect. 27. The engine, hose, hook and ladder, and sail carriage men, Org;anization of 
and fire companies, may organize themselves into distinct comjianies, thS'r°by'-™w's"''' 
elect the necessary ofticers, and establish such rules, reorulations, and bv- *e- 
laws, as may be approved by the board of engineers ; and may annex is,-,V 312; " 
penalties to the breach of tlie same, not exceeding ten dollars in any 
case ; and tiie same may be recovered by the clerk in an action of tort 
to the use of the company. 

Sect. 28. The engineers and all persons appointed liy them shall be Privileges and 
subject to the same duties and liabilities and entitled to the same priv- !l|',"er"*&c. 
ileges and exemptions as enginemen ajipointed by selectmen. i«ii> i*>, § «. 

Sect. 29. The board of engineers shall have the care and superintcn- Engineers to 
dence of the public engines, hose, fire-hooks, ladder-carriages, and lailders, .'ifiJeg^auj "thcr 
in their resiiective towns, together with the buildintrs, fixtures, and an- m-e apparatus, 
pendages, belonging thereto, and all pumps, reservoirs for water, and ' ^^'^'■ 
apparatus, owned by the town and used for extinguishing fires; and 
shall cause the same to be kejit in repair, and when worn out to be re- 
placed; and, from time to time, shall make such alter.ations therein and 
additions thereto as they shall deem necessary ; but such alterations, 
additions, or repairs, shall not in any one year exceed the sum of one 
hundred dollars, unless the town has authorized a larger approjiriation. 

Sect. 30. They may at any meeting establish such rules and regula- may make 
tions as they judge proper to prohibit or regulate the cariying of fire, ™hiy "fre? ''^ 
firebrands, lighted matches, or other ignited materials, openly in the ligiited match- 
streets or thoroughfares of such town, or such parts thereof as they may streets' &c. 
designate, or to prohibit o'miers or occupants of buildings within their is-jo, iss, § s. 
to^vn, or such part thereof as they may designate, from erecting or main- 
taining any defective chimney, hearth, oven, stove, or stove-pijie, fire- 
frame, or other fixture, deposit of ashes, or any mixture or other material 
which may produce spontaneous combustion, or whatever else may give 
just cause of alann or be the means of kindling or spreading fire. 

Sect. .31. They may make and ordain rules and regulations not other general 
repugnant to the constitution and laws of the state, for their own gov- p?CTentin'V&c., 
ernment and the conduct of citizens at fires, and annex penalties for the <ir<"8- 
breach thereof not exceeding twenty dollai-s for one oifence ; which may isji^ 312; 
be recovered by the chief engineer in an action of tort and apjiropriated 
by the engineers to the improvement of the fire apparatus of the town : 
but such rules and regulations shall not be landing until approved by 
the inhabitants of the town at a meeting held for the purpose, and pub- 
lished as the town shall direct. 

Sect. 32. No act hereafter passed establishing a fire department in Future acts es- 
any town, shall take etfect until it is accepted and approved by the departments? 
inhabitants of such town at a meeting held for the purpose. &<=. 

° r r 1839, 138, §9. 



180 



FIRES AND FIRE DEPARTMENTS. 



[Chap. 24. 



Fire depart- 
ments, in vil- 
lasjes aud dis- 
tricts. 
1^■H, 153, § I. 



proceedings 
to eatablisli. 
11H4, 132, § J. 



Selectmen, &c., 
to call meeting 
npon request of 
seven freehuld- 

1844, 15a, § 3. 



Who to vote at 
Buoli meetings ; 
clerk to hi eTlo- 
seu, his duties. 
iJfH, lO'!, 5 4. 



At such meet- 
ing- tire depart- 
lueut may be es- 
tablished. 
1:<H, 102, § 5. 



Certificates. 



Engineers, how 
chosen. 
1K44, 153, § fi. 
Meetings of fire 
district, how 
willed and con- 
ducted. 
1.-S44, 1,)3, § 7. 



Board of engi- 
ueers to make 
rules, Ac. 

JS14, 153, §§8,11 
Sec §40. 



FIKE DISTRICTS. 

Sect. .3.3. Fire departments m.ay be established in villages or districts 
containing not less than one thousand inhabitants, the oiKccrs of which 
shall have charge of and be responsible for the engines and other a])pa- 
ratus for the extinguisliinent of fire therein, in the same manner as fire- 
wards and engiuemon of towns. 

Sect. 34. Before a district is constituted and organized, a petition 
shall be presented to the town at a legal meeting, stating the limits of 
the proposed district and requesting the town to raise taxes for the 
establishment .ind maintenance of a snfticient fire department for the 
reasonable protection from fire of the inhabitants and pro]ierty within 
said limits. If the town refuses or neglects so to do, the inhaliitants of 
the proposed district may proceed to constitute and organize the same 
and to establish a tire department therein as hereinafter provided. 

Sect. 3.5. The selectmen ujiou the application in writing of not less 
than seven freeholders, inhabitants of such proposed district, setting 
forth the limits thereof, and requiring them to notify a meeting of the 
inhabitants thereof duly qualified to vote in town aftairs, for the purpose 
of considering the ex]iediency of org.anizing such district and establish- 
ing a fire department, shall forthwith give notice to such inhabitants, in 
the manner of notifying town meetings, to assemble at some suitable 
place within the district for said purpose, the substance of which shall 
be expressed in the notification. If the selectmen refuse or neglect to 
notify .such meeting, any justice of the peace in the county may notify 
the same. 

Sect. 36. If at any such meeting the voters present detennine to 
organize such district, they shall choose a clerk, who shall be ST\orn to 
keep a true record of the proceedings of all meetings and to jjerform all 
the duties of clerk so long as he holds the oftice. He may be removed 
by the district, or may resign, and in case of a vacancy another may be 
chosen. 

Sect. 37. The district at such meeting may vote to establish a 
fire department to consist of a chief engineer, and as many assistant- 
engineers, enginemen, hosemen, and hook and ladder men, as they may 
deem necessary, not exceeding for each suction engine, seventy-five, for 
each common engine, thirty-five, for each one hundred and fifty feet of 
leading hose kept for use within the district, five and not exceeding 
twenty-five hook and ladder men ; each of said officers and members 
shall be furnished with a certificate under the hands of the chief engineer 
and clerk, declaring his station in the department. 

Sect. 38. The chief engineer and assistant-engineers shall be chosen 
by the district and shall be sworn. 

Sect. 39. Meetings of the district shall be called by the clerk when 
requested in writing by the chief engineer, or two assistant-engineers, 
or seven voters of the district ; and he shall give notice of the same by 
posting written notifications in at least six public jilaces in the district 
not less than seven days prior to the meeting, or by publishing the same 
in a newspaper, if one is printeil in the town where the district is situ- 
ated, which notifications shall briefly state the purjioses of the meeting. 
At each of the meetings a mo<lerator shall be chosen, who shall have the 
powers of the moderator of a town meeting. After the choice of a 
clerk, he shall preside .at subsequent meetings with like powers until a 
moderator is chosen. 

Sect. 40. The board of engineers may from time to time make and 
publish rules and regulations for their own government, and that of 
other members of the dej^artment, and of persons present at fires, and 
for regulating or prohibiting the cairying of fire or ignited substances 
in or through the streets or ways of the district, and prescribe penalties 



Chap. 24.] fires and fire districts. 181 

for the violation thereof, not exceeding twenty dollars for each offence. Kngineeis to 
The board may a)i]ioint enpinenien, hosenuii, hook and ladder men, i',li!u'."' '^"S^'^" 
remove them, and till vacancies in the comjianies. 

Sect. 41. Engineers shall have and exercise the same ])owers and power of, and 
authority relative to the extinguishment of fires, and the demolishing Jri^^J'fJ,. "thejr 
of buildings for that jniqiose within the district, as firewards of towns; "L-ts. 
and the inhabitants of districts shall be liable for acts done by such ' " 
engineers, or by their orders, in the same manner as towns are liable for 
acts done by firewai-ds. 

Sect. 42. Engineers and other members of the fire department of Privileges, &c. 
sueli district shall iiave the immunities and privileges of firewards and j^^'iaa^jj'^ui; 
enginemen of towns, and shall receive such coni])ensation as the district W- 
determines. 

SiJCT. 43. Such districts may, at meetings called for the purpose, Money raised 
raise money for the purchase of engines and other articles necessary for '",a,fcre"o'f'"pri; 
the extinguishment of fires, for the j)urchase of land and erection and dential commit- 
rejiairs of necessary buildings, and other incidental expenses of the ''n'^'.itc. ° "^ '""" 
fire department. They shall choose a jirudential committee, who shall is«> ijA § i2- 
have the care, custody, and management, of the money so raise<l, and 
shall expend the same for the ]uirposes prescribed by votes of the dis- 
trict ; and sucli committee shall be accountable to the district for such 
money received by them, which may maintain a suit therefor in the 
name of the inhabitants thereof. 

Sect. 44. The clerk shall certify to the assessors of the town all Assessme<it 
sums of money voted to be raised by the district, which shall be as- ""'„Jo'uey vot.d 
sessed and collected by the ofticers of the town in the same manner '" I^j.™':';;' ^^ 
that the town taxes are assessed and collected, and be paid over to the ikh, i52. § i:t. 
treasurer, wlio shall hold the same subject to the oi'der of the pru- " '^'^■- ■'^^• 
dential committee. The assessors, treasurer, and collector, of any town 
in which such district is organized shall have the powers and ]ierform 
the duties in reference to the assessment and collection of the money 
voted by the fire district, as they have and exercise in reference to tlie 
assessment, collection, and abatement, of town taxes, but the sums so 
voted shall be assessed upon the property real aiitl personal within the 
district. 

Sect. 45. Xo by-law, rule, or regulation, adopted hj the district, Hy-iaws,impoB- 
and having a penalty attached to it, sliall be in force until it is approved ["r.lj^rov'ed!'" 
by the superior'court for the county in which such fire district is. is«, iw, § is. 

Sect. 46. Penalties under the provisions of the twelve jjreceding penalties, how- 
sections may be recovered by action of tort in the name of the chief ''''™^',^i'?''' ■''''■ 
engineer and ajipropriated to pay the expenses oi the nre department !«+, 152, §§ s,i5. 
of tlie district, or on complaint or indictment to the use of the com- ^^~' ■^'^• 
monwealth. If the chief engineer shall die, resign, or remove, during 
the pendency of such suit, it shall not abate, but his successor shall be Suit not to 
admitted to prosecute it. No inhabitant of the district shall be dis- " " ' '"' 
qualilied to act as judge, magistrate, juror, or ofticer, in a suit brought 
for such penalties. 

Sect. 47. Such district, at a meeting called for that purpose, may District may 
alter the limits thereof so as to include any adjacent territory and its particuVanier 
inhaiiitants, if the voters of said territory have petitioned therefor, set- i?ons,oreBtate». 
ting forth the limits of the territory to be annexed; or exclude any " ' ' 
person, or the estate of any person, who has thus petitioned, if the town 
within which the district is situated has assented thereto. 

SjicT. 48. Fire districts heretofore legally organized shall continue Districts iiero- 
and be subject to the provisions of this chapter in relation to fire districts. J^^jr "'^°'"' 

special provisioxs. 

o i^ -vT • • • 11 • -1 /> ^ ■>^ Fire elulis Tint 

Sect. 49. ^o association, society, or club, organized as nremen, shall to be estatiisii- 

16 



182 



FENCES. 



[Chap. 



od, unless, &c. 
1S55, IGl, § 1. 

Penalty for 

joining: without 
pormissiou. 
Irt55, l(jl, § 2. 



Two preceding 
li'-^Litions to be 
ill force only 
Avhere, &c. 
itidS, 101, § 3. 



be allowed in any city or town except by the written permission of the 
mayor and aldermen or selectmen. 

Sect. 50. Whoever joins, belongs to, or assembles with, such asso- 
ciation, society, or clnb, existing without such permission, shall be 
punished by tine not less than five nor more than one hundred d<-)llars, 
or by imprisonment in the house of correction for a tenn not exceeding 
three months. 

Sect. 51. The provisions of the two preceding sections shall l>e in 
force in those cities and towns only which have adopted or may adopt 
the same. 



CHAPTER 25. 



OF FENCES AND FENCE VIEWERS, POUNDS, AND FIELD DRIVERS. 



FENCES. 

Section 

1. What shall be a legal fence. 

2. Adjoining occupants to maintain fences. 

3. Proceedings when a party neglects, &c. 

4. Remerty agaiuet atljoiuiug owner, &c., for 
repairing, &c., defident fence. 

5. Controversies between parties about repair- 
ing, &c., how determined. 

6. Double damages in case, &c. 

7. Fence viewers may order compensation for 
repairing more than just share. 

8. Partition fences, how kept. 

9. liow and where made when lands are 
hounded by water. 

10. Where lands have been improved without 
partition fences, division may be made. 

11. Fences to be maintained by agreement of 
parties or assignment of fence viewers. 
Lands may be laid common by giving no- 
tice. 

12. When one party lays open enclosed lauds, 
the other may purchase right in fence. 

13. Where unimproved lands are afterwards 
enclosed, &c., party benefited shall pay, &c. 

14. Fence viewers, wlieu fences are on town 
lines. 

15. Where water fence is necessary, how made. 

16. Penalty for fence viewer's neglect of duty. 

17. Fees offence viewers, how recovered. 



POUNDS, AND IMPOUNDINa OF CATTLE ; FIELD 
DKIVKKS. 

Section 
18. Pounds to be provided by towns. Penalty 

for neglect. 
10. Penalty for injuring pounds. 

20. Pound keeper to be appointed. 

21. Field drivers to take up beasts going at 
large without keeper. Beasts going at large 
on herd's day, itc. 

22. Beasts taken up to be impounded. 

23. Fees to field driver and pound keeper. 

24. to be paid by owner of beasts, 

25. Beasts doing damage, may be distrained. 
20. to be impounded. 

27. Person distnuuing to state demand. 

28. Beasts not to be delivered until costs, &C., 
are paid. 

29. Notice to be given to owner or keeper. 

30. or posted up and publisiicd in a news- 
paper, in case, &c. 

31. 32. Sum due from owTier, how determined. 
33- if not paid, beasts to be sold. 

34. proceeds, how disposed of. 

35. Beasts escaped or rescued, may be retaken. 

36. Penalty for rescuing beasts distrained. 

37. Legality of distress to be tried only by re- 
plevin. 

38. Kams and he goats, when not to go at 
lai-ge. 



What shall be a 
le'^^al fence. 
It. S. lU, § 1. 



Adjoining occu- 
pants to main- 
tain fences. 
|{. S. I'.l, § 2. 
2 Met. 180. 
4 Met. 589. 
4 Gray, 220. 
Proceedings 
when a party 
neglects, Ac. 
11. S. 19, § 3. 
14 Pick. 27i>. 
11 Met. 49G. 



Section 1. Fences four feet high and m good repair, consisting of 
railsi, timber, boards, or stone, and brooks, rivers, ponds, creeks, ditches, 
and he^lges, or other things whicli the fence viewers within whose juris- 
diction the same sliall he shall consider equivalent thereto, shall be 
deemed legal and sufficient fences. 

Sect. 2. The respective occupants of lands enclosed Avith fences, 
shall so long as botli parties improve the same keep up and maintain 
partition fences between their own and the next adjoining enclosures, in 
equal shares. 

Sect. 3. If a i>arty refuses or neglects to repair or rebuild a ]>nrti- 
tion fence which he ought to maintain, the aggrieved party may com- 
plain to two or more fence viewers of the ]>lace, who after due notice to 
each ]'arty shall survey the same, and if they determine that the fence 
is insufficient, they shall signify the same in writing to the delinquent 
occupant, and direct him to repair or rebuild the same within such 



Chap. 25.] fences axd fence viewers. 183 

time as they judge reasonable, not exceeding fifteen days ; and if the 
fence shall not l)e repaired or rebuilt accordingly, tlie complainant may 
make or repair the same. 

Sect. 4. Wiien a deficient fence bnilt up or repaired by a complain- Remedy against 
ant as provided in the preceding section is after tlue notice to each i!rfi""'i^r r? 
])arty adjudged sufficient by two or more of the fence viewers, and the iinjnnij.&c., de- 
value thereof with their fees ascertained by a certificate under their kI'smcj™"^'; 
hands, the coniiilainant may demand, either of the occuiiant or owner ',**?!-' ■"-'•„ 

X' 1 1 1 I 11* 1 /• • Till '' MasB. 05. 

ot the land wliere the lenee was clenciciit, double the sum so ascer- s Pick. soa. 
tained ; and in case of neglect or retiisal to pay the same so due, for '^ ^'"^^' '""• 
one month after demand, he may recover the same with interest at one 
per cent, a month, in an action of contract. 

Sect. 5. When a controversy arises about the rights of the respcc- controversies 
tive occupants in partition fences and their oblio-ation to maintain the i'''<wecn parties 

• 1 , ^ ^ . ,. , , about repainng, 

same, either party may apply to two or more fence viewers ot the ])laccs .tc, how deter- 
where the lands lie, who after due notice to each party may in writing K™4'''i'j, 1 5. 
assign to each his share thereof, and direct the time within which each h sict.Vjo. 
party shall erect or repair his share, in the manner betbre ])rovided ; ^' "" '**' 
which assignment, being recorded in the city or town clerk's office, shall 
be binding u]ion the parties and upon the succeeding occu])ants of the 
lands; who shall thereafter maintain their respective parts of said fence. 

Sect. 6. If a party refuses or neglects to erect and maintain the Double dam- 
part of a fence assigned to him by the fence viewers, the same may in jf ''s '" "'||' **' 
the manner before provided be erected and maintainecl by any aggrieved n Met. 4%. 
party; and he shall be entitled to double the value thereof ascertained 
and recovered in the manner aforesaid. 

Sect. 7. When in a controversy between adjoining occupants as to Fence viewers 
their respective rights in a partition fence, it ap])ears to the fence pl-liwrno^for™ 
viewers that either of the occu]iants had before any conqilaint made to rcpaiiing; more 
them voluntarily erected the whole fence, or more than his just share of h.'s'.-'I'"*/?.'"'^" 
the same, or otherwise become projiiietor thereof, the other occupant J| i/'^f jm"' 
shall pay the value of so much thereof as may be assigned to him to 
repair or maintain, to be ascertained and recovered as provided in this 
chapter. 

Sect. 8. Partition fences shall be kept in good repair throughout Partition fen- 
the }-ear, unless the occupants of the lands on both sides shall otherwise JJ'^g''"" §'»''*' 
agree- 

Sect. 9. When lands of diffi'rtMit ]iersons which are required to be how and 
fenced, are bounded u])on or divided from each other, by a river, brook, wiu.n''iaid'8\re 
pond, or creek, if the occupant of the land on one side refuses or neg- imumied by wa- 
lects to join with the occupant of the land on the other side in making li.'s. lo, §w. 
a partition fence on the one side or the other, or shall disagree respect- " Met. 4%. 
ing the same, then two or more fence viewers of tlie jilace or places 
Avherein such lands lie, on application made to them, shall forthwith 
view such river, brook, ])ond, or creek ; and if they determine the same 
not to answer the pur])ose of a sufKcient fence, and that it is impractica- 
l)le to fence on the true boundary line without unreasonable expense, 
they shall, after giving notice to the parties to be present, determine 
how, or on which side thereof^ the fence shall be set up and maintained, 
or whether ]iartly on the one side and jwrtly on the other side, as to 
them shall appear just, and shall reduce their determination to writing; 
asid if either of tlie parties refuses or neglects to make and maintain his 
part of the fence according to the determination of the fence viewers, 
the same may be made ami maintained as before provided, and the de- 
linquent party shall be subject to the same costs and charges to be re- 
covered in like manner. 

Sect. 10. When lands belonging to two persons in severalty have where lands 
been occupied in common ^\nthout a jiartition fence between them, and prm'^'iTwitblmt 
one of the occupants desires to occupy his part in severaltv, and the partition fences. 



184 



FENCES AND FENCE VIEWERS. 



[Chap. 25. 



'livision may be 

Made, 

t:. S. 10, § 10. 



Fences to be 
maintiiinod hy 
agreement ot 
liarties or as- 
nignmeut of 
lenee viewers, 
f.antls may be 
l.iid common by 
i;'ivin'r notice. 
U. S. I'J, § 1.5. 
1 Gush. 15. 



When one par- 
ty lays open cu- 
elosed lands, 
the other may 
purcljase rif^ht 
in fence. 
1!. S. 19, § 11. 

Where unim- 
proved lands 
arc enclosed, 
&c., party ben- 
efited shall pay, 
&c. 

K. S. 19, § 12. 
1847, 102. 
lSo2, .iia. 
1 CuBh. 11. 



Fence viewers, 
when fences are 
oil town lines. 
K. S. lU, § 13. 

■\Vater fences, 
how made. 
U. S. Ill, § 11. 
11 Met. 4'J(J. 



Penalty lor 
foucc viewer's 
nejjlect of duty, 
K. S. 19, § 17. 
1839, 133. 



Fees of fence 
viewers. 

how recov- 
ered. 

11. S. 19, § 18. 
1852, 312. 



other occupant refuses or neglects on demand to divide the hue wliere 
the fence ought to be built, or to build a sufficient fence on his jiart of 
the line when divided, the party desiring it may have tlie same divided 
and assigned by two or more fence viewers of the same ])lacc in the 
manner provided in tliis chajiter ; ami the fence viewers m.iy in writing 
assign a reasonable time, having regard to the season of tlie year, for 
making the fence; and if the occujiant complained of does not make his 
part of the fence within the time so assigned, the other party may, after 
having made u\> his ])art of the fence, make np the jiart of the other, 
and recover therefor double the expense thereof; together with the fees 
of the fence viewers, in the manner provided in this chapter. 

Sect. 11. Where a division offence between the owners of improved 
lands has been made either by fence viewers or under an agreement in 
writing between the parties, recorded in the office of the clerk of the 
city or town, the several owners of such lands and their heirs and as- 
signs shall erect and sujjport said fences agreeably to such division ; but 
if a person lays his lands common and determines not to imj^rove any 
part of the same adjoining the fence divided as aforesaid, ami gives six 
months' notice of his determination to all the adjoining occupants of 
lands, he shall not be required to keep uj) or sup]iort said fence duriug 
the time that his lands lie common and unimproved. 

Sect. 12. When one party ceases to improve his land or lays open 
his enclosure, he shall not take away any part of the partition fence be- 
longing to him and adjoining to the next enc\osnre, jjrovided the owner 
or occupant thereof will allow and pay therefor so much as two or more 
fence viewers in writing iletermine to be the reasonable value thereof. 

Sect. 13. When land which has lain unenclosed is al'terwards en- 
closed or used for depasturing, the occupant or owner thereof shall pay 
for one-half of eacli partition fence standing upon the line between the 
same land and the land of the enclosures of any other occupant or owner, 
the value thereof to be ascertained in writing (in case they do not agree 
between themselves,) by two or more of the fence viewers of the same 
place wherein such jjartition fence stands ; and if such occu]iant or 
owner, after the value has been so ascertained, neglects or refuses, for 
thirty days after demand made, to pay for one-half of the partition fence, 
the proprietor of the fence may maintain an action of contract for such 
value, and the costs of ascertaining the same ; but tlie occupant or 
owner of unenclosed land on the island of Nantucket, used for depas- 
turing only, shall not be subject to the foregoing jirovisions of this 
section. 

Sect. 14. AVhere the line upon which a partition fence is to be made 
or divided is the boundary line of one or more cities or towns, or partly in 
one and partly in another, a fence viewer shall be taken from each jilace. 

Sect. 15. When a water fence, or fence running into the water, is 
necessary to be made, the same shall be done in equal shares unless 
otherwise agreed by the ])arties ; and in case either ]iarty refuses or 
neglects to make or maintain tlie share to him belonging, similar pro- 
ceedings shall be had as in other cases of the like kind resiiecting other 
fences before mentioned. 

Sect. 16. Any fence viewer duly chosen and sworn wlio when re- 
quested unreasonal)ly neglects to view a fence, or to perform any other 
duties required of him in this chapter, shall forfeit five dollars, to be 
recovered by action of tort to the use of the place, or on coin])laint to 
the use of the commonwealth, and he shall also be liable for all dam- 
ages to the party injured. 

Sect. 17. Each fence viewer shall be paid by the person em]iloying 
him at the rate of two dollars a day for the time he is so emjiloyed; 
and if such jierson neglects to pay him within thirty days after the ser- 
vice has been ))erfbrmed, he may recover in an action of tort double the 
amount of such fees. 



Chap. 25.] pounds and impounding of cattle; field drivers. 185 

pounds and impounding of cattle ; field drivers. 

Sect. 18. Each city and town shall at its own expense and in such Pounds to be 
places therein as the city council of the city or the inhabitants of the P™"<''!d by 

' T . . *^ rt. . '^ 1 » • towns. 

town dn-eet, maintain one or more sumcient pounds. A city or town ivnaityfomeg- 
that for three months neglects to provide or maintain a sufficient pound, ij^'g ,9^ 55 jj 
shall forfeit tilty dollars. 20. iws, a?2.' 

Sect. 19. Whoever wilfully injures a city or town pound, shall be ron.iity for in- 
punished by line not exceeding fifty dollars or by imjirisoument in the ■'i."''i''''„||"'J'"f''' 
common jail not exceeding ninety days. '' ' ' " ' 

Sect. 20. Each city and town shall annually ap])oint a suitable Pound keeper, 
keeper of eacli pound therein. ^'- ®- '"■ ^ -'• 

Sect. '21. Every field driver within his city or town, shall take up Beasts going- at 
at any time, swine, sheep, horses, asses, mules, goats, or neat cattle, going !:'!'p."'"r"' 
at large in the ])ublic higliwa3s or townways or on common and unira- t;ik™ up, &c. 
proved lands, and not under the care of a keeper; and for any such i^?'3?2^^^' 
cattle or beasts so going at large on the Lord's day, the field driver or 21 i^ck. is7. 
any other inhabitant of the city or town may in an action of tort recover tl Mrt.'m 
for each beast the same fees which the field driver is entitled to receive j p"*''™'^"--. 
for like beasts when distrained and impounded. ' 

Sect. 22. When lieasts are so taken up and distrained by a field tobeim- 
diiver, they shall be forthwith impounded in tlie city or town pound, f."""'','','?,' c 
and the keeper shall furnish them with suitable food and water while 5 c'usii. Vfi:). ' 
they are detained in liis custody. I'^Cush^il' 

Sect. 23. The field driver shall be entitled to fifty cents per head I'ws of iicid 
for horses, asses, mules, and neat cattle, and ten cents iier head for !',",y,','i i,".''„„, 
sheep, goats, and swine, so taken up by him, and the pound keejier u. s. 113, §a. 
shall be entitled to four cents per head for the animals so imiiounded ; 
but if more than ten sheep are taken up at the same time, the fees for 
all above that number shall be only one-half of the above fees. 

Sect. 24. The pound keeper shall not deliver to the owner any tobopni.iby 
beasts so imjiounded, until the owner jiays him his fees, the expense of "" 14*^71" ''§T'^' 
keeping the beasts, and the fees of the field driver, which latter when ^1 i'i<;k. isi. 
received he shall ]iay to the field driver. 

Sect. 25. When a person is injured in his land by sheep, swine, Beasts doing 
horses, asses, mules, goats, or neat cattle, he may recover his damages in Jji'JJ'r''iuu«T"^ """^ 
an action of tort against the owner of the beasts, or by distraining the H- S- ii:i,§4. 
beasts doing the damage, and proceeding therewith as hereinafter llirVcnt. .356. 
directed; but if the beasts were lawfully on the adjoining lands and n ^muss. uo^ 
escape therefrom in consequence of tlie neglect of tlie ])ersoii who sutlered 4 Viet.'^ssu.'' 
the damage to maintain his part of the division lenee, the owner of the >^M^^t--W". 
beasts shall not be liable for such damage. 

Sect. 26. Tlie beasts so distrained for doing damage shall be im- loi,,- im- 
pounded in the city or town pound, or in some suitable jilace, under the ?""s"'i'-'i" 55 
immediate care and inspection of the person who distrained tlieni, and i-i Met. ir. 
lie shall furnish them with suitable food and water while they remain 
impounded. 

Sect. 27. If the beasts are impounded in the city or town pound, Persdmiistrain- 
the distrainer shall leave with the pound kee])er a memorandum in li"f„j' "^''"^ '''^" 
writing under his hand stating the cause of im])ouiiding, and the sum if. s. 11.1, § o. 
that he demands from the owner for the damage tlone by the beasts, 'r^ y^^\ .Isi; 
and also for the daily charges of feeding them ; and if they are inijiounded 'r ''''• ''■''*• 
in any other jilace, he shall give a like memorandum to the owner of 
the beasts if demanded by him. 

Sect. 28. The jiouiid keeper, when the beasts are in his custody, itoists nottobo 
shall not deliver them to the owner until the owner pays him his fees, ;•' ''>^''"''<i "ntii 

-1 111 IT ■ I' IT -I ^' costs, die, are 

the sum so denianded by the distrainer tor the damages and charges p>^(\- 
aforesaid, the exjiense of advertising the beasts if they are advertised, '*' ^' ^'^' * '' 
and all other legal costs and expenses. 
16* 24 



186 



POUNDS AND IMPOUNDING OF CATTLE ; FIELD DRIVERS. [ChAP. 25. 



Notice to be 
given to owner 
or keeper. 
E. S. 113, § 8. 
21 Pick. IS?. 
23 Pick. 251. 
12 Met. 118,198. 
7 Cush. 355. 
2 Gray, ir8. 



or posted uji, 
and jHibllsIiL-ii 
in a newspaper, 
in case, &e. 
K. S. 113, § 9. 



Sum due from 
owner, how de- 
termined. 
K. S. 113, § 10. 



Same subject. 
E. S. 113, § 11. 
21 Pick. 55. 



if not paid, 
beastB to be 
sold. 

E. .S. 11.3, § 12. 
21 Pick. 55. 



proceeds, bow 
disposed of. 
E. S. 113, § 13. 



Beasts escaped 
or rescued may 
be retaken. 
E. S. 113, § 14. 



Penalty for res- 
cuing beasts 
distrained. 
E. S. 113, § 15. 
1852, 312. 
1 Mass. 108. 
17 Slass. .342. 

4 Mass. 471. 

5 Cush. 20r. 



Sect. 29. When beasts are impounded, the person impounding them 
shall within twenty-four hours thereafter give notice thereof in A\riting 
to the owner or person having the care of them, if known and living 
within six miles from the place of impounding, which notice shall be deliv- 
ered to the party or left at his place of abode, and shall contain a descrip- 
tion of the beasts and a statement of the time, place, and cause, of im- 
pounding. 

Sect. 30. If there is no person entitled to notice according to the 
provisions of the preceding section, the person impounding the beasts 
shall within forty-eight hours thereafter cause to be j)osted in some pub- 
lic ])lace in the city or town, and in a public place in each of any two 
adjoining cities or towns, if within four miles from the place where they 
were taken, a written notice containing a description of the beasts and 
a statement of the time, ]ilace, and cause, of mipounding them ; and in 
such case, if the value of the beasts exceeds thirty dollars, and if no per- 
son appears to claim them within seven days after the day of imj^ouiid- 
ing, a like notice shall be published three weeks successively in some 
public newspaper if there is any published within twenty miles from the 
place of im])Ounding, the first publication to be within fifteen days after 
the day of impounding. 

Sect. 31. If the owner or keeper of the beasts is dissatisfied with 
the claim of the person impounding them, he may have the amount for 
which he is liable ascertained and determined by two disinterested and 
discreet persons, to be apjiointed and sworn for that purpose by a justice 
of the peace or by the city or town clerk; and the sum so determined 
by them shall be received instead of the sum demanded by the jierson 
who impounded the beasts, and they shall thereupon be delivered to the 
owner or keeper thereof 

Sect. 32. If the sum for which the beasts are imjiounded and detained 
is not paid within fourteen days after notice of the impounding has been 
given as before directed, or after the last publication of such notice in 
a newspaper, the person who impounded them shall apply to a justice 
of the peace, or to the city or town clerk, and obtain a warrant to two 
disinterested and discreet persons, to be appointed and sworn by the 
justice or clerk, and the persons so ap]iointed shall ascertain and deter- 
mine the sum, due from the owner or keej)er of the beasts for the dam- 
ages, costs, and expenses, for which they are im])ounded and detained, 
including a reasonable compensation for their own services. 

Sect. 33. If the sum so found to be due is not forthwith yiaid, the 
person who imjiounded the beasts shall cause them to be sold by auc- 
tion, in the city or town where they are impounded, first advertising the 
sale by jiosting u]i a notice thereof twenty-four hours beforehand at 
some public place in the same city or town. 

Sect. 34. The procee<ls of such sale after paying all said damages, 
costs, e.\]ienses, and charges for advertising and selling the beasts, shall 
be deposited in the treasury of the city or town, for the use of the owner 
of the beasts, in case he substantiates his claim thereto within two years 
from the sale. 

Sect. 35. If beasts lawfully di.strained or impounded escape or are 
rescued, the pound keeper, field driver, or other j)erson, who distrained 
them, may at any time within seven days thereafter retake the beasts 
and hold and dispose thereof as if no such escajje or rescue had taken 
place. 

Sect. 36. Whoever rescues beasts lawfully distrained or imjiounded 
for any cause whatever, shall be liable in an action of tort brought 
by any person injured to pay all damages which such person sustains 
thereby, and the fees and charges incurred before the rescue ; and he 
shall also forfeit a sum not less than five nor more than twenty dollars, 
to be recovered by complaint. 



Chap. 26.] 



PUBUC HEALTH. 



187 



Sect. .37. The defendant iu an action brought for rescuing beasts 
distrained or impounded shall not be allowed to allege or give in evi- 
dence the insufficiency of the fences, or any other fact or circumstance 
to show that the distress or impounding was illegal ; but if there is such 
ground of objection to tlie proceeding of which he is entitled to avail 
uimselfi he may have the advantage thereof in an action of replevin. 

Sect. 38. If the owner of a ram or he goat sutfers it to go at large 
out of his enclosure between the first day of July and the twenty-fitth 
day of December, he shall forfeit five dollars for each ott'ence, if prose- 
cuted within thirty days next atler such ram or he goat is found going 
at large, to be recovered on complaint iu the county in which such 
owner lives. 



Legality of dis- 
tress, how 
tried. 
R. S. 113, § 16. 

4 Mass. 471. 

5 I»iok. 514. 
See Ch. 14«. 



Ramni and he 
t;oat8, when not 
to go at large. 
K. S. 19, J M. 



TITLE YIII. 



OF THE PUBLIC HEALTH AND BURIALS. 



Chapter 26. — Of the Preservation of the Public Health, 
Chapter 27. — Of the Promotion of Anatomical Science. 
Chapter 28. — Of Cemeteries and Burials. 



CHAPTER 26. 



OF THE PRESERVATION OF THE PUBLIC HEALTH. 



Section 

1. To.wus to choose board of health or health 
officer ; or si'lectmen to act. 

2. City council to appoint board of health, or 
make either or both branches, or a commit- 
tee, the board. 

3. Board may appoint physician. 

4. Compensation of physician, &c. 



NUISANCES, CONTAGION* &C. 

5. Board to make regulations respecting' nui- 
sances, &c. 

6. to give notice of their regulations. 

7. to examine into and abate nuisances, &c. 

8. to order nuisances, &c,, abated ; penalty 
on owntT of land, &c., for refusing. 

9. Order of abatement, how served. 

10. 0\vn(.T not complying, board to remove the 
nuisance at his expense. 

11. Board may notify occupants of unfit dwell- 
ing place to quit, &c. 

12. "When a party is convicted of nuisance, 
court may order it destroyed. 

13. Superior court may issue injuactlons in 
cases of nuisance. 



Section 

14. Board may make compulsory examination 
of premises, when refused, &c. 

15. may grant permits for the removal of in- 
ferteil articles or sick persons. 

16. to make necessary provision for persons 
infected with dangerous diseases. 

17. If infected person cannot be removed, oth- 
ers may be. 

18. Persons may be stationed on borders of 
other states, to examine, &c. 

19. Two justices of the peace may issue war- 
rant to remove sick persons. 

20. One justicf may issue warrant to sheriff to 
secure infected articles, who may impress 
aid. 

21. Justice may take up houses and stores, 
&c., for safe keeping of goods, &c. 

22. Officers may break open houses, shops, &c., 
and command aid. 

23. Expenses to be paid by owners of goods. 

24. Town to make compensation for houses, 
&c., or services impressed. 

25. Removal of prisoners attacked with disease. 
2t5. Return of removal to be made to court; 

such removal not an escape. 



188 



PUBLIC HEALTH. 



[Chap. 26. 



vaccination, 
Section 

2r. Parents, &c., to cause children and wards 
to be vaccinated. Penalty for neglect. 

28. Selectmen, A-c, to enforce vaccination and 
revacciuation. IVuulty lor neglect. 

29. Towns to provide means for vaccination. 

30. Inmates of man u factories, almshouses, &c., 
to be vaccinated. 

31. Towns may make further provision for 
vaccination. 

QUARANTINE. 

32. Towns may establish quarantine jjround. 

33. Two or more towns may establish a com- 
mon quarantine ■,'Tound. 

34. Board of health may establish the quaran- 
tine of vessels. 

35. Quarantine regulations to extend to all per- 
sons, &c. 

30. Penalty for violation after public notice. 

37. Vessels suspected of infection to be ordered 
to quarantine ground. 

38. Penally if master, seaman, &c., refuse to 
make answer on oatli, &c. 

39. Quarantine expenses to be paid by person 
or owner. 

HOSPITALS AND DANGEROUS DISEASES. 

40. Hospitals may be provided by towns. 

41. to be under orders of board of health. 

42. not to be established within one hundred 
rods of house in adjoining town, unless, 
&c. 

43. Physicians and others in hospitals to be 
subject to board ef health. 



Section 

44. Board of health to provide hospital or other 
place when, &c. ; may cause sii'k and in- 
fected persons to be removed to hospital. 

45. Selectrnen to give notice, by suitable sig- 
nals, of infected places. 

40. Penalty on physicians and others in hospi- 
tals, &c., for violating regulations 

47. Every householder to give notice of dan- 
gerous disease in his family. Penalty. 

48. Penalty on physician for not giving notice 
of dangerous disease. 

49. Expenses recoverable of individuals, Iiow 
sued for. 

50. Fines and forfeitures to inure to use of 
town 

51. Certain provisions not to apply to small- 
pox. 

OFFENSIVE TRADES. 

52. Board to assign places for exercising offen- 
sive trades, and may prohibit. 

53. Superior court may, on complaint, revoke 
such assignment. 

54. Action for damages from nuisance. 

55. Orders of prohibition, &c., to he served on 
occupant. If he refuses to obey, board may 
prevent. Penalty. 

50. Appeal by person aggrieved. Proceedings. 

57. Trade not to be exercised pending proceed- 
ings. 

5S. Verdict of jury may alter, &c., order ; to be 
returned for acceptance. 

59. Costs, — how and when assessed, on whom, 
and to what amount. 

60. Chapter extends to cities. 



Towns to 
choose board of 
health, or 
health oflicer ; 
or selectmen to 
act. 

R. S. 21,§1. 
8 Cush. C8. 

City council to 

appoint board 

of health, or, 

&c. 

1649, 211, §5 1,2. 



Board may ap- 
point physician. 
K. S. 21, §3. 
Compensation 
of physician, 
&c. 
R. S. 21,§4. 



Board to make 
regulations re- 
specting nui- 
sances, &c. 
R. S. 21, §§ 5, 6 



Section 1. A town respecting" which no provision is made by special 
law for choosing a board of heahh, may, at its annual meeting or at a 
meeting legally warned for the pui*i)osc, choose a board of health, to 
consist of not less than three nor more than nine persons ; or may choose 
a health officer. If no board or officer is chosen the selectmen shall be 
the board of health. 

Sect. 2. Except where different provision is made by law, the city 
council of a city may apj)oint a board of health; may constitute either 
branch of such council, or a joint or separate committee of tlieir body, 
a board of health, either for general or special ]>ur])oses, and may pre- 
scribe the manner in which the poM^ers and duties of the board sliall be 
exercised and carried into effect. In default of the appointment of a 
board with full powers, the city council shall have the powers and per- 
form the duties prescribed to boards of health in towns. 

Sect. 3. Every board of health may appoint a physician to the 
board, who shall hold his office during its pleasure. 

Sect. 4. The board shall establish the salary or other comjiensation 
of such physician, and shall regulate all fees and charges of jiersOns 
employed by it in the execution of the health laws and of its own 
reo-ulations. 



NUISANCES, CONTAGION, &C. 

Sect. 5. The board shall make such regulations as it 
for the public health and satety, resjiecting nuisaiice^^ 
and causes of sickness, within its town, or on board of vessels within its 
harbor; and respecting articles Avhich are cajiable of containing or con- 
veying infection or contagion, or of creating sickness, brouglit into or 
conveyed from its town, or into or fi'om any vessel, 



udges nocessaiy 
sources of filth. 



Whoever violates 



Chap. 2G.] public health — ndisances, contagion. 189 

any such regulation shall forfeit a sum not exceeding one hundred 
dollars. 

SfXT. 6. Notice shall be given by the board of all regulations made Bonrd to give- 
by it, by publishing the same in some newspaper of its town, or where "aiio^^g" '^''°"" 
there is no such newspaper by posting them up in some ])ubUc place in is. s. 21, §s. 
the town. Such notice shall be deemed legal notice to all jiersons. 

Sect. 7. The board shall examine into all nuisances, sources of filth, to examine 
and causes of sickness, within its town, or in any vessel within the !"Ji°.™cc-s''&c'i 
harbor of such town, that may in its opinion be injurious to the health 11. .s. 21, §«. 
of the inhabitants, and the same shall destroy, remove, or prevent, as 
the case may require. 

Sect. 8. The board or the health officer shall order the owner or to order mii- 
occupant at his own expense to remove any nuisance, source of filth, or ^J,"5^^'J ^''' 
cause of sickness, found on priv.ate projierty, within twenty-four hours ponnlty for 
or such other time as it deems reasonable al'ter notice served as [u-ovided JmI'^Ju; § 3. 
in the following section; and if the owner or occu))ant neglects so to ^^.^..Y'^'^g- cr 
do, he shall forfeit a sum not exceeding twenty dollars for every day ch.8s,§§'*o,4i. 
during which he knowingly permits such nuisance or cause of sickness 
to remain after the time prescribed for the removal thereof. 

Sect. 9. Such order shall be made in writing, and served by any onier for abatc- 
person competent to serve a notice in a civil suit, jiersonally on the ""rvcd'.'"" 
owner, occupant, or his authorized agent; or a coi)y of the order may iH'.t,2ii,§4. 
be left at the last and usual place of abode of the owner, occupant, or cii! ss'sf 4of4'. 
agent, if he is known and within the state. But if the premises are 
unoccupied and the residence of the owner or agent is unknown or 
without the state, the notice may be served by ])osting the same on the 
jiremises and advertising in one or more public news])apers in such 
maimer and for such length of time as the board or health officer may 
direct. 

Sect. 10. If the owner or occupant fails to comply with such order, Owner not com- 
the board may cause the nuisance, source of filth, or cause of sickness, remove th"'mii" 
to be removed, and all expenses incurred thereby shall be paid by the sance at bis ex- 
owner, occupant, or other person who caused or jiciniitted the same, if m'!/,"2ii, f s. 
he has had actual notice from the board of health of the existence thereof. ciT^'m+im? 

Sect. 11. The board, wdien satisfied upon due examination that any uo.ird'mav noti- 
cellar, room, tenement, or building, in its tcnvn, occupied as a dwelling fy oecupimts of 
place, has become by reason of the number of occupants, or want of place to quitr 
cleanliness, or other cau.se, unfit for such ]nirj)ose and a cause of nuisance ^^ 
or sickness to the occupants or the puljlic, may issue a notice in writing 
to such occu])ants, or any of them, recpiiring the premises to be jmt into 
a pro])er condition as to cleanliness, or if the)' see fit requiring the occu- 
pants to retnove or quit the premises within such time as the board may 
deem reasonable. If the persons so notified, or any of them, neglect or 
refuse to comply with the temis of the notice, the board may cause the 
premises to be properly cleansed at the ex))ense of the owners, or may 
remove the occupants forcibly and close up the premises, and the same 
shall not be again occupied as a dwelling place without the consent in 
writing of the board. If the owner tliereafter occupies or knowingly 
permits the same to be occupied without such permission in writing, he 
shall forfeit a sum not less than ten nor more than fifty dollars. 

Sect. 12. When a jierson is convicted on an indictment for a com- when a party is 
nion nuisance injurious to the public health, the court in their discretion nSnlo! court 
may order it to be removed or destroyed at the expense of the defend- may order it (le- 
ant, under the direction of the board of health ; and the form of the K.'s!^ai' § 12. 
warrant to the sherift' or other officer may be varied accordingly. 

Sect. 13. The superior court, or a justice thereof in term time or Court may is- 

. , ^ , ^ ' ,. •" i- I- sue injunctions, 

vacation, may, either betore or pending a prosecution tor a common lu eases of uui- 
nuisance atfecting the public health, issue an injunction to stay or pre- 5j'"5%] 5 jg 
vent the same until the matter shall be decided by a jury or other-^-ise ; i.-igVioo. 



190 PUBLIC HEALTH — NUISANCES, CONTAGION. [CUAP. 2G. 

may enforce such injunction according to the course of proceedings in 

chancery ; and may dissolve the same when the court or one of the 

justices shall think proper. 

noard may Sect. 14. When the board think it necessarj' for the preservation of 

?}''examTn''a"tioQ the lives or health of the inhabitants, to enter any land, buililing, or 

of premises, vessel, within its town, for the iniriwse of examinina; into and destroy- 
when retused, . . ,- • ^^iii^i "i? 
&c. ing, removinir, or preventing, any nuisance, source ot tiltn, or cause oi 

u. s. 21, § H. sickness, and shall be refused sueli entry, any member of the board may 
make complaint under oath to two justices of the peace of the count}-, 
stating the facts of the case so far as he has knowledge thereof, and the 
justices may thereupon issue a warrant directed to the sherift" or either 
of his deputies, or to any constable of such town, commanding him to 
take sufficient aid, and being accompanied by any two or more members 
of said board, at any reasonable time to repair to the place where such 
nuisance, source of filth, or cause of sickness, complained of may be, 
and the same to destroy, remove, or prevent, under the directions of 
such members of the board, 
may permit Sect. 15. The board may grant permits for the removal of any 

fected articles n^isance, infected articles, or sick person, within the hmits of its town, 

Ac. ' when it thinks it safe and proper so to do. 

In „ 1 ' Sect. 16. When any person coinins from abroad or residinf; in any 

shall make . .•.',. , i ^ i i i ■ ^ i ^ . i i •' 

provision for town in this State IS intected, or lately has been intected, with the 
persons uifect- pi.,gjjg qj. o);]je,. sickuess dangcrous to the public health, except as is 

1837, 244, § 1. otherwise provided in this chapter, the board shall make effectual pro- 

1848 119 ...' ..'. .*. 

2Cu'8h. 52. vision in the manner which it judges best for the safety of the inliabit- 
See§5i. ants, by removing such person to a separate house or otherwise, and by 

providing nurses and other assistance and necessaries, which shall be at 
the charge of the person Iiimself, his jiarents, or master, if able, other- 
wise at the charge of the town to which he belongs ; and if he is not 
an inhabitant of any town, at the charge of the commonwealth. 
If infected per- Sect. 17. If the infectcd person cannot be removed without danger 
removed,°other8 to his health, the board shall make provision for him as directed in tlie 
may be, &c._ preceding section in the house in which he may be ; and may cause the 

1838, Tas. ' persons in the neighborhood to be removed, and take such other meas- 
See§5i. uj-es ^g jj judges necessary for the safety of the inhabitants. 

Persons may be Sect. IS. The board of health of any town near to or bordering 
Saeeirborder- "pon either of the neighboring states, may appoint, by writing, suitable 
ins; on other persous to attend at places by which travellers may pass from infected 
ine.&c.'"'''^''™ places in other states; who may examine such tr.avellers as it suspects 
K. S. 21, §18. of bringing any infection dangerous to the public health, and if need 
be may restrain them from travelling until licensed thereto by the board 
of health of the town to wliich such person may come. A traveller 
coming from such infected place who shall without such license travel 
within this state, (except to return by the most direct way to the state 
from whence he came,) after he has been cautioned to depart by the per- 
sons so ap]ioiiitcd, shall forfeit a sum not exceeding one hundred dollars. 
Two justices of Sect. 19. Two justices of the peace may if need be make out a war- 
issue warrant^to i"^i^t directed to the shcrift'of tlie C( unity, or his deput\-, or to any con- 
remove sicic stable, requiring tliem under the direction of the board to remove any 
K."?"ii § 19. person infected with contagious sickness, or to impress and take up 
convenient houses, lodging, nurses, attendants, and other necessaries, 
for the accommodation, safety, and relief, of the sick. 
One justice may Sect. 20. When, Upon tlie apjilication of the board, it ajjpears to a 
sh'eriff ?o ^"ure justice of the peace that there is just cause to suspect that any baggage, 
infected arti- clothing, or goods, found witliin the town, are infected with the plague 
inipressai"!"'^ or Other disease which may be dangerous to the public health, the jus- 
K. s. 21, §20. tice shall, by warrant directed to the sheriff or his deputy, or to any 
constable, require him to impress so man}' men as said justice may 
judge necessary to secure such baggage, clothing, or other goods, and 



Chap. 2G.] public health — vaccination. 191 

to post said men as a guard over the house or place where such articles 
are lodged ; who shall take effectual care to prevent persons from remov- 
ing or coming near the same, until due inquiry is made into the cir- 
cumstances. 

Sect. 21. The justice may by the same warrant, if it appears to him .lustieemay 
necessary, require the officers, under the direction of the board, to im- 'n,Y storosr&c, 
iiress and take up convenient houses or stores for the safe keeping of '''•'■ '^■'•'i keeping 
such articles; and tlie board may cause them to be removed thereto, or k.s. 21, §21. 
otherwise detained, until, in the opinion of the board, they are freed 
from infection. 

Sect. 'I'l. The officers, in the execution of the wan-ant, shall if need officers may 
be break open any house, shop, or other place, mentioned in the war- i",™s'j.s°''b™ops, 
rant, where such articles are; and may require such aid as is necessary &o., auti com- 
to effect the execution of the warrant. Whoever neglects or refuses to k.s. 21, §22. 
assist in the execution of the warrant, after being commanded to assist 
by either of said officers, shall forfeit a sum not exceeding ten dollars. 

Sect. 23. The charges of securing such articles, and transjiorting Expenses to be 
and purifying the same, shall l)e ]>.iid liy tjie owners, at such rates and of'^^ooSs"*™'''^' 
prices as may be determined by the board. u.s. 21, §2.3. 

Sect. 24. When a sheriff or other officer impresses or takes up any T.iw-n to make 
houses, stores, lodging, or other necessaries, or impresses men, as pro- S;'™,P!:,??''!'"t° 
vided in this chapter, the several parties interested shall be entitled to a or services im- 
just compensation therefor, to Vje paid by the town in which such per- i"s^|i', § 04. 
sons or property are so impressed. 

Sect. 25. When a )>crson confined in a common jail, house of cor- itomovai of 
rection, or woi'khouse, has a disease which, in the oj)inion of the phy- 'acko'dwlthdis- 
sician of the lioard or of such other uhvsician as it mav consult, is ease, 
dangerous to the s.afety and health of other prisoners or of the inhab- • • 'S • 
itants of the town, the board shall Ijy its order in writing direct the 
removal of such person to some hos])ital or other place of safety, there 
to be provided for and securely kcjit so as to ])rcvent his escape until its 
further order. If such person recovers from the disease he shall be 
returned to said prison or other place of confinement. 

Sect. 2G. If the person so removed is committed liy order of Uetumofremo- 
court or under judicial process, the order for his removal, or a copy to 'court, ""such 
thereof .attested by the presiding member of the board, shall be re- removal not an 
turned by him, with the doings thereon, into the office of the clerk of iffs^l'i, §26. 
the court from which the process of commitment was issued. No piis- 
oner so removed shall thereby commit an escape. 

vaccination. 

Sect. 27. Parents and guardians shall cause their children and wards Parents, &c., to 
to be vaccinated before they attain the age of two years, and revacci- i™fto''be'va"' 
nated whenever the selectmen or mayor and .aldermen shall after five dnutcti. 
years from the last vaccination require it. For every year's neglect the 1^0"." ^ ""^''S- 
party offending shall foi-feit the sum of five dollars. ibss, 414, §§ 1, 3. 

Sect. 28. The selectmen and mayor and aldermen shall i-equire and siiertmen, &c., 
enforce the vaccination of all the inhabitants, and, whenever in their I."„y,\'J°n','yc"'' 
opinion the public health requires it, the revacciuation of all the inhabit- I'enaityforneg- 
ants who do not prove to their satisfaction that they have been success- isoi, 4h, §§3, 4. 
fully vaccinated or revaccinated within five ye.ars. All persons over 
twenty-one years of age, not under guardianship, who neglect to com- 
ply with any such requirement, shall forfeit the sum of five dollars. 

Sect. 29. Towns shall furnish the means of vaccination to such of Towns to pro- 
their inhaliitants as are unable to pay for the same. iii'55,"i4!T6. 

Sect. 30. Incorporated manufacturing companies; superintendents inmates of man- 
of almshouses, state refoi-m, and industrial schools, lun.atic hospitals, "|I;',5'I""'j^f'™(f' 
and other places where the poor and sick are received ; masters of houses be vaccinated. 



192 



PUBLIC HEALTH 



QUARANTINE. 



[Chap. 26. 



1855, 414, §§ 5, 6. of Correction, jailors, keepers of prisons, the warden of the stnte prison ; 
and superintendents or officers of all other institutions supported or 
aided by the state ; shall at the expense of their respective establish- 
ments or institutions cause all inmates thereof to be vaccinated im- 
mediately upon their entrance thereto, unless they produce sufficient 
evidence of previous successful vaccination within hve years. 

Sect. 31. Each town may make further provision for the vaccination 
of its inhabitants, under the direction of the board or a committee 
chosen for tlie purpose. 

QUAEANTESTE. 

Sect. 32. A town may establish a quarantine ground in a suitable 
place either within or without its own limits ; but if such place is with- 
out its limits, the assent of the town within whose limits it may be es- 
tablished shall be first obtained. 

Sect. 33. Two or more towns may at their joint expense establish 
a quarantine ground for their common use in any suitable jjlace either 
within or without their own limits ; but if such jilaee is without their 
limits, they shall first obtain the assent of the town within whose limits 
it may be. 

Sect. 34. The board of health in each seaport town may from time 
to time establish the quarantine to be performed by vessels arriving 
within its harbor ; and may make such quarantine regulations as it 
judges necessary for the health and safety of the inhabitants. 

Sect. 35. Such regulations shall extend to all persons, goods, and 
effiicts, arriving in such vessels, and to all persons who may \isit or go 
on board of the same. 

Sect. 36. Whoever violates any such regulation after notice there- 
of has been given in the manner before provided in this chajtter, 
shall forfeit a sum not less than five nor more than five hundred dol- 
lars. 

Sect. 37. The board in each seaport town may at all times cause a 
vessel arriving in such port, when such vessel or the cargo thereof is in 
its opinion foul or infected so as to endanger the public health, to be 
removed to the quarantine ground and thoroughly purified at the ex- 
pense of the owners, consignees, or persons in possession of the same; 
and may cause all jjersons arriving in or going on board of such vessel, 
or handling the cargo, to be removed to any hospital under the care of 
the board, there to remain under their ordere. 

Sect. 38. If a master, seaman, or passenger, belonging to a vessel 
on board of which any infection then is or has lately been, or is suspected 
to have been, or which has been at or has come from a port where any 
iiiieetious distemper prevails that may endanger the public health, re- 
fuses to make answer on oath to such questions as may be asked him 
relating to such infection or distemper by the board of health of the 
town to which such vessel may come, (which oath any member of the 
board may administer,) such master, seaman, or ]iassenger, shall forfeit 
a sum not exceeding two hundred dollars ; and if not able to pay said 
sum he shall sufier six months' imprisonment. 
Quarantine? ex- Sect. 39. All expenses incurred on account of any person, vessel, or 
paicfbv I'crsou g'otids, under quarantine regulations, shall be paid by such person or the 
or owner. owucr of such vessel or sroods resijectively. 

K. S. 21, §34. ^ ' 



Towns may 
make further 
provision !br 
vaccination. 
R. S. 21, §45. 



may establisli 
a quarantine 
ground. 
K. S. 21, § 2?. 



two or more 
towns may es- 
tablish a com- 
mon quarantine 
ground. 
R. S. 21, §28. 



Board of health 

may estalilish 

quarantine of 

vessels. 

K. S. 21, § 20. 

Quarantine reg- 
ulations to ex- 
tend to all, &LC. 
E. S. 21, §:tO. 

Penalty for vio- 
lation after no- 
tice. 
E. S. 21, §31. 



Vessels sus- 
pected of iufoc- 
tion to be order- 
ed to quaran- 
tine. 
E. S. 21, §32. 



Penalty, if mas- 
ter, seaman,A.-c., 
refuse to an- 
swer on oath, 
&c. 
E. S. 21, §33. 



Hospitals may 

be provided by 

towns. 

R. S. 21, §35. 

to be under 



hospitals and dangerous diseases. 

Sect. 40. Any town may establish within its limits, and be con- 
stantly provided with, one or more hospitals for the reception of persons 
having a disease dangerous to the public health. 

Sect. 41. Such hospitals shall be subject to the orders and regula- 



Chap. 26.] public health — hospitals. 193 

tions of the board, or of a committee of the to^vii iijijiointed for that orders of board 

liiinin<;p oriiealth. 

piupose. ^ ... K. s. ai,§36. 

Sect. 42. No such hospital shall be established within one hundred Hospitals not 
rods of an inhabited dwelling-house situated in an adjoining town, with- ^^bewuiun, 
out the consent of such town. k.S. 2i,§3r. 

Sect. 43. When a hospital is so established, the physician, nurses, piiysidans,&c, 
attendants, the persons sick therein, and all persons approaching or suhje^^^i't'oboard 
coming within the limits of the same, and all furniture and other arti- oi laaitii. 
cles used or brought there, shall be subject to such regulations as may ''•S-^'-S-"- 
l)e made by the board of health or the comjiiittee appointed for that 
jjurpose. 

Sect. 44. When a disease dangerous to the public health breaks out Board of health 
in any town, the board shall immediately provide such hosjiital or place p'jt.i™&c'.'rand^" 
of reception for the sick and infected as is judged best for their accom- remove sick, 
modation and the safety of the inhabitants; which shall be subject to fj^V, 244, § :;. 
the regulations of the board; and the board may cause any sick and in- Jf^'^'cV,"' 
tl'cted person to be removed thereto, unless the condition of such per- 
son will not admit of his removal without danger to his health, in which 
case the house or place wliere he remains shall be considered as a hos- 
pital, and all persons residing in or in any way concerned within the 
same shall be subject to the regulations of the board as before provided. 

Sect. 45. When such disease is found to exist in a town, the select- Selectmen to 
men and board of health shall use all possible care to prevent the spread- nlJceted' places 
ing of the infection, and to give public notice of infected places to trav- u. s. 2i,§4i. 
ellers, by displaying red flags at proper distances, and by all other means gee |oi.' 
which in their judgment shall be most efl'ectual for the common safety. 

Sect. 46. If a jdiysieian or other person in any of the hospitals or Penalty on per- 
plaees of reception before mentioned, or who attends, ap[>roaches, or is taut &c.'°or'vi- 
concerned with, the same, violates any of the regulations lawfully made oiating rcguia- 
in relation thereto, either with respect to himselfj or his or any other k. s.;.'i,§t2. 
person's jiropcrty, he shall for each ofience forfeit a sum not less than gp^ig^' 
ten nor more than one hundred dollars. 

Sect. 47. When a householder knows that a person within his fam- Householders 
ily is taken sick of small-jiox or any other disease dangerous to the pub- dauierous'dfs"*^ 
lie health, he sliall immediately give notice thereof to the selectmen or case's. 
board of health of the town in which he dwells. If he refiises or neg- k!s!2T,'§43. 
lects to give such notice, he shall forfeit a sum not exceeding one hun- 
dred dollai-s. 

Sect. 48. When a physician knows that any person whom he is Penalty on phy- 
ealled to visit is infected with small-pox or any other disease dangerous f,ivi'ifg'not"ice of 
to the public health, he shall immediately give notice thereof to the Sangerous dis- 
selectmen or board of health of the town ; and if he refuses or neglects ii'.'^s. 21, §«. 
to give such notice, he shall forfeit for each ofience a sum not less than 
fifty nor more than one hundred dollars. 

Sect. 49. Expenses incuiTed by a town in the removal of nuisances Expenses rc- 
or for the preservation of the public health, and which are recoverable d^viduau "how 
of a private person or corporation by virtue of any provisions of law, jS^Si'sn 
may be sued for and recovei'ed in an action of contract. 

Sect. 50. Fines and forfeitures incun-ed under general laws, the Fines and for- 
sjK'cial laws applicalile to a town, or the by-laws and regulations of a to'u'se'of to"-"* 
town relating to health, shall inure to the use of such town. iwii, au,§r. 

Sect. 51. The provisions of sections sixteen, seventeen, forty-four, Smaii-pox. 
forty-five, and forty-six, shall not apply to small-pox. auf i^.'ii^' 

OFFEXSIVE trades. 
c- r.-. mi 1 1 1 n <i ■ • • . • i Board to assign 

Sect. 51;. 1 he bo.ard shall irom time to time assign certain places places for exer- 
for the exercising of any trade or employment which is a nuisance or JradlJi "a'nci'may 
hiutful to the inhabitants, or dansrerous to the public health, or the ex- prohibit. 
17 25 



194 



PUBLIC HEALTH — OFFENSIVE TRADES. [ChaP. 26. 



U.S. 21, §47. 
lh.55, :illl, §1. 
See § 55. 



Superior court 

may, ou com- 

plaiut, revoke 

such assigu- 

meut. 

1!. S. 21,§48. 

1SS9, 190. 



Action for dam- 
ages from nui- 
sance. 
U.S. 21, §49. 

Orders of prohi- 
bition, &c., to be 
served on occu- 
pant. If he re- 
fuses to obey, 
board may pre- 
vent. 
IVnaltv. 
1855, 3'Jl, §2. 



Appeal, by per- 
son aggrieved. 
Proceeaiugs. 
1855, 391, §3. 
1859, 190. 



Trade not to be 
exercised mean- 
while. 
1855, 391, §4. 

Verdict of jury 
may alter, &c., 
orcler ; to bo re- 
turned for ac- 
ceptance, &c. 
1855, 391, § 5. 



Costa, — how 
and wlien as- 
sessed; on 
whom ; and to 
wliat amount. 
1855, 391, § 6. 



Chapter ex- 
tends to cities. 



ercise of which is attended by noisome and injurious odors, or is other- 
wise injurious to their estates, and may prohibit the exercise of the 
same in places not so assigned ; the board may also forbid the ex- 
ercise of such trade or employment within the limits of the town or 
in any particular locality thereof. All such assignments shall be en- 
tered in the records ; and may be revoked when the board shall think 
proper. 

Sect. 53. When it appears on a trial before the superior court for 
the county, upon a complaint made by any person, that any place or 
building so assigned has become a nuisance, by reason of offensive 
smells or exhalations proceeding from the same, or is otherwise hurtful 
or dangerous to the neighborhood or to travellers, the court may revoke 
such assignment and prohibit the further use of such place or building 
for the exercise of either of the aforesaid trades or employments, and 
may cause such nuisance to be removed or prevented. 

Sect. 54. A person injured either in his comfort or the enjoyment 
of his estate by such nuisance, may have an action of tort for the dam- 
age sustained thereby. 

Sect. 55. Orders of prohibition under section fifty-two shall be 
served upon the occupant or person having charge of the premises 
where such trade or employment is exercised. If the party upon 
whom such order is served, for twenty-four hours after such service 
refuses or neglects to obey the same, the board shall take all neces- 
sary measures to prevent such exercise ; and the person so refusing or 
neglecting shall forfeit a sum not less than fifty nor more than five hun- 
dred dollars. 

Sect. 56. Any person aggrieved by such order may ajipeal there- 
from, and shall within three days from the service thereof ujion him 
apply to the superior court, if in session in the county where such order 
is made, or in vacation to any justice of said court, for a jury; and such 
court or justice shall issue a warrant for a jury, to be impanelled at a 
time and ])lace expressed in the warrant, in the manner provided in 
regard to the laying out of highways. 

Sect. 57. During the pendency of the appeal such trade or employ- 
ment shall not be exercised contrary to the order ; and upon any viola- 
tion of the same the appeal shall forthwith be dismissed. 

Sect. 58. The verdict of the jury, which may either alter the order, 
or affirm or annul it in full, shall be returned to the court for accept- 
ance as in case of highways ; and said verdict when accepted shall have 
the authority and efl'ect of an original order from which no appeal had 
been taken. 

Sect. 59. If the order is affirmed by the verdict, the town shall 
recover costs against the appellant ; if it is annulled, the appellant shall 
recover damages and costs against the town ; and if it is altered, the 
court may render such judgment as to costs as in their discretion may 
seem just. 

Sect. 60, The provisions of this chapter extend to cities so far as 
the same are not inconsistent with their several charters or acts in 
amendment thereo£ 



Chap. 27.] promotion of anatomical science. 



195 



CHAPTER 27. 



OF THE PROMOTION OF ANATOMICAL SCIENCE. 



Section 

1. Overseers of the poor, &c., to permit 
physicians to take dead bodies in certain 
cases. 

2. Physicians, &c., to give bond on receiving 
a dead body. 



Section 

3. Persons ha\ing charge of poorhouse, Ac, 
to give notice of death. 

4. Dead bodies not to be given to physicians if 
chtimed by friends, or if deceased requested 
to be buried, &c. 



Section 1. . The overseers of the poor of a town, the mayor and overseers of 
aldermen of a city, and the insjjectors and superintendent of a state p?'"''.*'';'J''. 

,, *',..^ *,. . give dead bod- 

almshouse, may to any physician or surgeon, u])on Ins request, give per- fes to physi- 
mission to take the bodies of such persons dying in such town, city, or "i™!™'*'^"' 
ahushouse, as are required to be buried at tlie ]3ublic expense, to be by )i>*5, 242, § i. 
him used within the state for the advancement of anatomical science; '^^'323, §i. 
preference being given to medical schools established by law, for then- 
use in the instruction of students. 

Sect. 2. Every physician or surgeon, before receiving any such dead physicians, &c, 
body, shall give to the board of officers surrendering the s;iine to him, a '"P^? bondou 
sufficient bond that each body shall be used only for the ]iromotion of body. ° 
anatomical science within this state, and so as in no event to outrage I'S-as, §12. 
the public feeling ; and that, after having been so used, the remains 
thereof shall be decently buried. 

Sect. 3. Persons having charge of a poorhouse, workhouse, or persons having 
house of industry, in which a person required to be buried at the public charge of poor- 
expense dies, shall forthwith give notice of such death to the overseers give notice of 
of the poor of the town or to the m.ayor and aldermen of the city in 
which such death occurs ; and except in case of necessitj^ the body of 
such person shall not be buried until such notice is given, and permis- 
sion therefor granted by such overseers or mayor and aldennen ; nor 
without their permission shall the body be surrendered for dissection or 
mutilation. 

Sect. 4. If the deceased person during his last sickness, of his own whon dead 
accord requested to be buried, or if, within twenty-four liours after his J'o b^yven°to 
death, any person claiming to be and satisfying the proper authorities physicians, &c. 
that he is a friend or of kindred to the decea.sed, asks to have the body !***''■ 2*2. § -• 
buried, or if such deceased person was a stranger or traveller who sud- 
denly died, the body shall not be so surrendered, but shall be buried. 



3eath. 

1»15, 2-12, § 1. 



CHAPTER 28. 



OF CEMETERIES AND BURIALS. 



Section 

1. Cemetery corporations may be organized. 

2. Powers, duties, and liabilities. 

3. Lots to be indivisible, but inheritable ; rep- 
resentative of, how designated. 

4. To^vns to provide burial places. 

5. Private land not to be used for burial pur- 
poses, except, &c. 

C. Boards of health to make necessary regnila- 
tions, &c. 



Section 

7. Boards of health to give notice of regula- 
tions. 

8. Notice to be given before closing tombs, 
&c., by order of board. 

9. Appeal from order of board. 

10. to be tried by a jury. Costs. 

11. Penalty for interments in violation of this 
chapter. 

12. for injury to tombs or cemeteries, &c. 



Section 1. Ten or more persons desirous of procuring, establishing, Cemetery cor- 



porations may 



and preparing, a cemetery or burial place, or being the majority in inter- be organized. 



196 CEMETERIES AND BURIALS. [ChAP. 28. 

1S4I, 114, § 1. est of the proprietors of an existins; cemetery, may or£ranize as a corpo- 
'''*'" ration in tlie manner provineil in chapter sixty-seven. Bnt m the case 
of an existing cemetery, tlie coi"poration shall not make sale of nor im- 
pair the right of any proprietor. 
Powers, duties, Sect. 2. Sucli cor]ioration shall have the powers and privileges, and 
i8-h'i'u'«'§'2" ^'^ subject to the duties, restrictions, and liabilities, of chapter sixty- 
3,4. eirclit, and to tlie provisions of the first sixteen sections of ch.apter sixty- 

' '^~ seven; may take and hold so much real and pei'sonal estate as may be 
necessary for the objects of its organization, which shall be applied 
exclusively to the furtherance of such objects ; may lay out such real 
estate into lots, and upon such terms, conditions, and regulations, as 
the corporation shall prescribe, may grant and convey the exclusive 
right of burial in and of erecting tombs or cenotaphs upon any lot, and 
of ornamenting the same. 
Lots to be indi- Sect. 3. Lots ill such cemetery shall beheld indivisible, and upon 
herKabie."'Rep- the decease of a proprietor, his heirs at law, or the devisees of such lot 
resentntive of, if devised, shall succeed to liis privileges. If there is more than one 
cd. " heii- or devisee, they shall within nine months from such decease desig- 

1841, 114, § 5. nate in writing to the clerk of the corporation which of their number 
shall represent the lot ; and on their iiiilure so to designate, the board 
of trustees or directors of the corporation shall enter of reconl which of 
said heirs or devisees shall represent the lot while such failure continues. 
Burial places. Sect. 4. Each town and city shall pro^'ide one or more suitable 
1.S55. 2or, § 1. places for the interment of persons dying within its limits. 

private land Sect. 5. Exeejtt in the case of the erection or use of a tomb on pri- 
fo°r, excep't!'&c. ^^^^ '''"^'^ ^'^^ the exclusive use of the family of the owner, no land, other 
1S55, a57,§§ 2,3, than that already so used or a]ipropriated, shall be used for the purpose 
of burial, unless by permission of the town or of the mayor and alder- 
men of the city in which the same is situated. 
Hoards of Sect. 6. Boards of health may make all regulations which they 

re^iiVatioosT&c. jii^^g^ necessary concerning burial grounds and interments within their 
K. s.3i,§7. respective limits; may prohibit the use of tombs by undertakers, (as 
8 CuVh.'os. ' places of deposit for bodies committed to them for burial,) for the pur- 
pose of speculation, and may establish jienalties not exceeding one hun- 
dred dollars for any l)reach of such regulations, 
to give notice Sect. 7. Notice of such regulations shall be given by publishing the 
i/.".°2M si'*"' same in some newspaper of the town, or city, or, if there is no such 
1S55, 257, § 0. newsjiaper, by ])Osting a copy in some public place therein ; which shall 

be deemed legal notice to all persons. 

Xoticetohe Sect. 8. Before a tomb, burial ground, or cemetery, is closed by 

c/oshi» tombs order of the board of health, for a time longer than one month, all per- 

&c., by order of SOUS interested shall have an opportunity to be heard, and personal no- 

iss^si -hr, § 9. tice of the time and place of hearing shall be given to at least one 

owner of the tomb, and to three at least, if so many there are, of the 

proprietors of such burial ground or cemetery, and notice shall also be 

published two successive weeks at least preceding such hearing, in two 

newspapers, if so many there are, published in the county. 

Appeal from Sect. 9. The owncr of a tomb aggrieved by the order of the board 

i'865'^257'§'7!^'' ^^ health closing any tomb, burial ground, or cemetery, may appeal 

1859, 198. therefrom, and at any time within six months from the date of the 

order enter his appeal in the superior court ; and the appellant shall 

give the bo.ard of health fourteen days' notice of his appeal previous to 

the entry thereof But the order of the board shall remain in force 

until a decision shall be had on the apjjcal. 

to be tried by Sect. 10. Appeals shall be tried in regular course before a jury, and 

mijiar^fr^."' '^the jury find that the tomb, burial ground, or cemetery, so closed, was 

not a nuisance, nor injurious to the i)ublic health at the time of the 

order, the court shall rescind the same so far as it aflects sucli toml), 

buiial ground, or cemetery, and execution for costs of the appeal shall 



Ch.\P. 29.] PUBLIC RECORDS. 197 

issue in favor of the appellant against the town or city in which the 
same was situated. But if the order is sustained, execution sliall issue for 
double costs against the appellant in favor of the board of hcaltii for 
the use of the town or city. 

Sect. 11. For ever}- interment in viol.ation of section five in a town Ponnlty for vio- 
or city in whidi the notice prescribed in section seven has been given, ci'.'.ptcr.'^*'''* 
the owner of the land so used shall forfeit not less than twenty nor is55, 257, §4. 
more than one hundred dollars. 

Sect. 12. Whoever wrongtiilly destroys, impairs, injures, or removes, for injuring 
a tomb, gi-avestone, building, fence, railing, or other thing, lawfully isJ'l'ii *§' e. 
erected in or around a place of burial or cemetery, or a tree, shrub, or 1855, 257, §8. 
plant, situate within its limits; or wrongfully injures a walk or path 
therein, or places rubbish or (ifi'ensive matter within a place of burial or 
cemetery, or commits any nuisance therein, or in any way desecrates or 
disfigures the same, shall forfeit for every such ofl^'ence not less than five 
nor more than one hundred dollars. Upon the trial of a prosecution for 
the recovery of such penalty, use and occupation for the purposes of Proof oftitie. 
burial shall be deemed sufficient evidence of title. 



TITLE IX. 



CHAPTER 29. 

OF THE PUBLIC RECORDS. 



Section 

1. Linen paper to bo usfd for records. Amer- 
ican manufacture to be preferred. 

2. County commissioners, »S:c., to have records 
bound and papers filed. 

3. to provide (ire-proof rooms, &c., for rec- 
ords, &c. 

4. City governmentfi and selectmen to provide 
fire-proof safe, &c. 

5. Town may cause its records of grants, &c., 



Section 

8. Transcripts compared and certified, ^c, to 
have force of orij^iuals. 

9. Records not to be removed, except, &c. 

10. may be mspccted and copied. Clerks, 
&c., to certify. 

11. Town or city clerk to have custody of rec- 
ords, Azc.y after dissolution of proprie- 
tary. 

12. of records of dissolved church or reli- 



to be transcribed. pouB society. 



6. or those of town from which set off. 

7. Records becoming illet^ible, Ac, may be 
transcribed j aud records of other places. 



13. Penalties. 



men jmper To 
bo used lur rec- 
Anicii- 



Seotion 1. All matters of j^iiblic roconl in any office shall he en- T,i; 
teiiMl or recordofl on pajier ma<le wholly of linen, of a firm texture, 
WL'll sized, and well finislied ; and the clerks and registers of said offices cuu manutac- 
shall o^ive a preference to linen paper of American or domestic manu- ("rn.,|'' *'^i"*'" 
facture, if such paper is marked in water line with the word "linen," it. s. h, §ini. 
and also with the name of the manufacturer. 

Sect. 2. The county commissioners, city governments, and select- county com- 
men, of the respective counties, cities, and towns, shall have all books u?i"^^\"e ivrl»V(ib' 
of public record or reeristrv belonfrinir thereto substantially bound, and bmmd and im- 

1 r^ i' o o ^ i' ' Hi'i's filed 

other pnpers and doeuments within their respective departments duly isoi, i(ii,'§ i. 
filed and arranged eotiveniently for examination and reference, and 
shall also cause such of said pidjlic records as are left incomplete by any 
clerk or register to be made up and completed by his successor from the 
17* 



198 



PUBLIC RECORDS. 



[Chap. 29. 



f'ounty com- 
luiHsiuners, &c., 
to provide fire- 
proofrooms, 
Ac, for records, 
Ac. 

K. S. 14, § ICM. 
IrtSL, 101, §§1,2. 



City govern- 
ments and se- 
leetmen to pro- 
^ ide fire-proof 
sale, &c. 
j85r, 97, § 1. 



Town may 
cause its rec- 
ords of grants, 
.Sicto be tran- 
scribed. 
J83r, 8i, § 1. 



or those of 
town from 
which set off. 
ia57, 84, § 2. 



Kecorda becom- 
iuji: illegible, 
.S:e., may be 
transcribed ; 
and records of 
other places. 
1851, 11)1, §§ 2, 0. 
See §2. 



Transcripts 
compared and 
certified, .tc.,to 
have force of 
originals. 
Iti5l, 101, §2. 
1IS57, >*4, §§ 1, 2. 
See § 2. 



Kecords not to 
Iv removed, ex- 
cept, &c. 
l;. S. k:), § 22. 
IM'.I, 202, § 1. 

1851, 101, § 3. 

1852, 10. 
1850, 2.84, § 13. 
See § 13. 



may be in- 
spected and 
c^tpied. Clerks, 
&c., to certify. 
1851, 101, §§4, 6. 
1857 84, § 3. 
See § -J. 



files and usual niemorancla as far as practicable, ami cei-tifieil and pre- 
served in tlie same manner and with the same efl'ect as is provided for 
other cases in sections seven, eight, and ten, of this eha])ter. 

Sect. 3. The commissioners shall provide and maintain fire-proof 
rooms with .suitable alcoves, cases, and boxes, for the safe keeping of all 
records, files, papers, and documents, belonging to the several registries 
of deeds ; and a suitable place for the safe keeping and preservation of 
the other public records, and of valuable documents belonging to the 
county, and for their particular security and preservation ; and such 
records and documents shall be securely kept in the places so provided. 

Sect. 4. City governments and selectmen shall provide at the ex- 
pense of their respective cities and towns, fire-proof safes of ample size 
for the preservation of books of record or registry, and other important 
documents or papers belonging thereto ; and the clerk of each city and 
town shall keep all such books, papers, and documents, in the safe so 
provided, at all times except when they are wanted for use. 

Sect. 5. A city or town may cause to be carefully transcribed such 
of its records as relate to grants of lands, or the grants or divisions and 
allotments of land made by the original proprietors of the township, or 
to any easements, private rights, or ways, or any records of births and 
marriages kept by such city or town, or by any parish within the same. 

Sect. 6. A city or town whose territory in whole or in part has 
been set off from any other city or town, may cause to be carefully 
transcribed such records named in the preceding section as relate to 
lands, easements, rights, or way.s, situated in the territory so set off. 

Sect. 7. When the records of a county, city, or town, are becoming 
worn, mutilated, or illegible, the county commissioners, city government, 
or selectmen, shall have fair legible copies seasonably made ; and when 
the interests of any county, city, or town, require, the county commis- 
sioners, mayor and aldermen, selectmen, or overseers of the poor, may 
have co]>ies of any records or parts of records, or of any papers or doc- 
uments, in the legal custody of any other county, city, or town, so made 
at the expense of their respectiAe counties, cities, or towns ; which 
copies shall be certified by the register or clerk of the oftice where they 
are taken to be true copies of the originals, and they shall be preserved 
in like manner as the origin.al records, papers, and documents, of the 
place for which they are made. 

Sect. 8. A transcript made in pursuance of the provisions of the 
preceding sections, and compared and certified under oath by the clerk 
or register having the custody of the original to be a true copy, shall 
have the same force and eftect when deposited among the records of the 
place for which it is made as if the same were an original record, or an 
original ])aper, or document, deposited there. 

Sect. 9. Registers of deeds, registers of courts, and the registers 
and clerks of courts, cities, and towns, shall keep all records and docu- 
ments belonging to their offices in their sole custody, and shall in no 
case, except upon summons in due form of law, or when the tem])oraiy 
removal of records and documents in their custody is necessary or con- 
venient for the transaction of the business of the courts or the perform- 
ance of the duties of their respective oflices, cause or permit any record 
or document to be removed or taken aw.ay. 

Sect. 10. Under the direction of the officers having the custody of 
the county, city, and town records and files, the same shall be open for 
public inspection and ex.amination, and any person may take copies 
thereof. And the several clerks and registers shall, on payment of a 
reasonable fee therefor, com])are and certify, in the manner herein men- 
tioned, all transciipts pro])erly and correctly made for any county, city, 
or town, in pursuance of the provisions of this chapter. 

Sect. 11. The legal custody of the books of record and other docu- 



CeIAP. 30.] PARISHES AND RELIGIOUS SOCIETIES. 



199 



merits of the ^ancient proprietors of townships or of common lands, Town or city 
when they have ceased to be a body corporate, shall, unless they have clf/tody of rec- 
niade othoi- legal disposition thereof, be vested in the clerk of the city ords when, ic. 
or town in which such lands or the larger jiortion of them are situated; is5r,'i6i, §5'.' 
who, if such records and documents are in the possession of any other ^"^^5 13. 
person, shall demand the same, and may make and certify copies thereof 
in the same manner as the clerk of the proprietors might have done. 

Sect. 12. When any church or religious society ceases to have a of records of 
legal existence, and the care of its records and registries is not other- to exist""'*"'" 
wise provided for by law, the person having possession of the same shall i.^si, i«i, § s. 
deliver them to the clerk of the city or town in which such church or 
society was situated, who may certify copies thereof. 

Sect. 18. Every county, city, and town, for each month it neglects Penalties, 
or refuses to peribrm any duty I'equircd by this chapter, shall forfeit 7, «.' •'' ' ■ 
twenty dollars ; a register or clerk who neglects or refuses to perform iss^s?.!*- 
any duty re([mred of him shall forfeit for each offence ten dollars; who- 
ever takes and carries away any book of record, paper, or written docu- 
ment, belonging to the records or files of any county, city, or town, 
except as is ])rovided in section nine, or defaces, alters, or mutilates, by 
mark, erasure, cutting, or otherwise, any such record, paper, or written 
document, shall forfeit a sum not exceeding fif\y dollars ; and whoever, 
after demand made by the clerk of the city or town entitled by law to 
have possession of the books of reeonl and other documents mentioned 
in sections eleven and twelve, wrongfully detains the same, shall forfeit 
fifty dollars. 



TITLE X. 

OF PARISHES AND RELIGIOUS SOCIETIES; AXD OF RELIGIOUS, 
CHARITABLE, AND EDUCATIONAL FUNDS AND ASSOCLVTIONS. 



Chapter 30. — Of Parishes and Religious Societies. 

Chapter 31. — Of Donations and Conveyances for Pious and Charitable Uses. 
Chapter 32. — Of Associations for Religious, Charitable, and Educational Pur- 
poses. 
Chapter 33. — Of Public Libraries. 



CHAPTER 30. 



OF PARISHES AND RELIGIOUS SOCIETIES. 



Section 

1. Religious Bocioties to he bodies corporate. 
Powers of taxation conferred by ppecial act 
not aifected. Existing rights of property 
not impaired. 

2. Rights, &c., of religious societies. 

3. Churches to have accustomed privileges, 
&c. 

4. Societies may organize themselves, &c. 
Powers, &c. Subject to revocation. 

5. First meeting to be called by justice's war- 



Section 

rant. Contents of warrant and proceed- 
ings thereon. 

6. Membership of religious societies to be 
voluntary. 

7. Societies may regulate admissions by by- 
laws. 

8. Members alone may vote. 

9. Annual meeting iu March or April, or at 
times prescribed by by-laws, &c. Choice 
of officers. 



200 



PARISHES AND RELIGIOUS SOCIETIES. [ChAP. 30. 



Section 

10. Moderator, Ac, elected by ballot. Clerks, 
&c., to be sworn. Other cleetionB. 

11. Prudential affairs, by whom managed. 

12. If assessors refuse, &c., a justice of the 
peace may call, &c. 

13. Warrant to contain matters desired by five 
or more voters. Action on matters not in 
warrant void. 

14. Meetings, how warned. 

15. Who to preside till moderator is chosen. 
Choice of clerk. Officers, how sworn. 

16. Moderator's powers, &c. Penalties for dis- 
orderly conduct. 

17. Collector to be sworn. If not present, to be 
summoned. Upon refusal or neglect, new 
election. 

18. Vacancies in offices, how filled. 

19. Officers of Protestant Episcopal Societies. 

20. Objects for which a society may raise 
money. 

21. Taxes to be assessed on property. 

22. Corporations not to be taxed, nor trus- 
tees, &c. 

23. Societies may appoint treasurers collect- 
ors, who shall have power of town collect- 
ors ; may abate upon prompt payment. 

24. Unincorporated societies may hold, &c., do- 
nations. 

25. Trustees may be appointed; term of office, 
regulations for their government. 

26. " Religious society," &c., includes parish. 
2r, Proprietors of churches, &c.,may organize 

and have corporate powers. 
28. Amount of estate which may be held. 



Section 

29. Clerk to leave copy o& record of organizar 
tion with town clerk, &c., or organization 
to be void. 

30. Proprietors of churches, &c., may assess 
for alterations, repairs, &c. 

31. How proprietors' meetings may be called. 

32. Assessment and collection of money. 

33. Notice when pews are sold by treasurer. 

34. Affidavit of notice of sales made evidence. 

35. Proprietors may take down pews to alter 
churches, &c. Proceedings in such case. 

.30. Parishes and societies may tiike down pews 

or sell their house. 
37. No compensation when church is unfit for 

use. 
3S. Pews personal estate. Dower, &c. 

39. Pews in churches erected since March 25, 
1&J5, may be assessed for support of public 
worship. 

40. and in churches erected before that time, 
by consent or vote of two-thirds. 

41. Pews to be purchased in such case at an 
appraisal. 

42. Societies complying with preceding sec- 
tions to have powers, &c. 

43. Trustees of Methodist Episcopal Societies 
may organize and become corporations. 

44. Powers of trustees. Annual income not to 
exceed §4000. 

45. First meeting, how called. Organization. 
Secretary to be sworn. 

46. Copy of record of organization to be left 
with town clerk, or organization to be 
void. 



Religious socie- 
ties to be bodies 
corporate. 

existing pow- 
ers not affected. 
R. S.20, §§1,19. 
21. 



rights, &c., 
of. 

R. S. 20,§2. 



Churches to 

have privileges, 

&c. 

K. S. 20, §3. 

]ii Mass. 4S8. 

10 Pick. 172. 

5 Cush. 412. 

Societies not in- 
corporated may 
organize, &c. 
powers may 
be revoked. 
K. S. 20, §§ 20, 
29. 
G Met. 448. 



First meeting, 
&c., how called. 
R. S. 20, §§27, 

28. 

6 Met. 448. 

See §§ 13, 31. 



Section 1. Every religious society established or organized by vir- 
tue of any statute shall be and continue a body corporate with the pow- 
ers given to corporations by chapter sixty-eight, and the jiowers, juivi- 
leges, liabilities, and duties, set forth in this chapter; but this chapter 
shall not enlarge nor diminish the powers of taxation enjoyed by any 
religious society by virtue of a special law or act of incorporation, nor 
impair existing rights of property of any territorial parisli. 

Sect. 2. Religious societies, whether corporate or unincoiporate, 
shall continue to have and enjoy their existing rights, jtrivik'ges, and 
immunities, except so far as the same may be limited or modified by the 
provisions of this chapter. 

Sect. 3. The respective churches connected and associated in pubhc 
worship with such religious societies shall continue to have, exercise, 
and enjoy, all their accustomed privileges and liberties respecting divine 
worship, church order, and discipline, and shall be encouraged in the 
peaceable and regular enjoyment and practice thereof. 

Sect. 4. A religious society that is not incoiporated, or which imiy 
be unable to assemble in the usual manner, if it contains ten or more 
qualified voters, may organize and become a corporation with the pow- 
ers, privileges, duties, liabilities, and requirements of such societies, and 
may hold so much estate, real or personal, as may be necessary for the 
objects of such organization, and no more; but all the powers derived 
from such organization may be revoked by the legislature. 

Sect. 5. Any justice of the peace for the county in which such soci- 
ety may be, upon ap]»lication in writing by five or more of the qualified 
voters thereof, may issue his warrant directed to some one of the appli- 
cants, stating the objects, and requiring him to waiTi the qualified voters 
of the society to meet at a time and place appointed in the warrant ; 
and the same may be seiwed by posting an attested copy thereof on the 
principal outer door of the meeting-house, or leaving such copy with or 
at the last and usual place of abode of such voters, seven days at least 



Chap. 30.] parishes and religious societies. 201 

before such meeting ; and, upon due return thereof, the same justice or 
any other justice of the peace for the county mny preside at the meeting 
for the clidice ;mil qualification of a clerk, who shall enter at large ujion 
the records of the society the proceedings had in the organization 
thereof; and the society may thereupon proceed to choose a moderator 
and do such otlier things as parishes are by law authorized to do at 
their annual meetings : provided the subject matter thereof is inserted 
in the warrant. 

Sect. 6. Persons belonging to a religious society shall be held to be Membersiiip. 
members until they file with the clerk a written notice declaring the f/fiagg'l^y 
dissolution of their membership, and they shall not be hable for any sPick. -Jos. ' 
grant or contract thereafter made or entered into by such society. No 2^ ^v\aL. lis'. 
person shall be made a member of such society without his consent in ^Met.rs. 
writmg. 

Sect. 7. Every religious society may make by-laws not repugnant Societies may 
to the laws of the commonwealth, and therein prescribe the manner in s^^'.^g"*" '"'™'" 
■which persons may become members. u.s.ao, §5. 

Sect. 8. No person shall have a right to vote in the affairs of such wiio may vote, 
society unless he is a member thereof ^- ^- 2"' S"- 

Sect. 9. The qualified voters of every parish and incorporated reli- Annnai meet- 
gious society, and of every society organized according to the ])rovisions o'Jgcers'""'^ "'^ 
of this chapter, shall hold an annual meeting in the month of March or k.s. 20, §7. 
April, or at such other time as they may prescribe by their by-laws, and i*cu6h. ilo.' 
if the by-laws do not otherwise determine at a time and j)lace a]i]iointed 
by their assessors or standing committee; and at such meeting shall 
choose a moderator, clerk, two or more assessors, a treasurer and col- 
lector, and such other officers as they think necessary, all of whom, 
except tVie moderator, shall continue in office till the next annual meet- 
ing and till others are chosen and qualified in their stead. 

Sect. 10. JMoilerators of meetings held for the choice of officers Moderator, 
shall be elected by written ballots. Clerks, assessors, treasurers, and dlos'l'if &cl'°'' 
collectors, shall be elected by written ballot and shall be sworn. Other i';„s. 2(i, § r. 
officers may be elected in such mode as the society may determine. I'cush'.'Hg. 

Sect. 11. The prudential affairs of such societies shall be managed PiBdcntiui af- 
by their assessors or a standing committee specially ajijiointed for that Inlma.^Jti"''""" 
puqiose ; and the assessors or committees shall have like authority for u-s.-io, §14. 
calling meetings as selectmen have for calling town meetings. 

Sect. 12. If there are no assesssors or committee, or if they unrea- wiien justice 
sonably refuse to call a meeting, any justice of the peace for the county, |";7 """ ""^'^*' 
upon the application of not less than five qualified voters, may call one uTs. 20, §17. 
m the manner provided m .section five. d jict. 448. 

Sect. 13. The assessors or committee shall insert in the next war- "^ ?,''^'*; ■*'• 
rant they issue for calling a meeting any matter which not less than five Wiirrant, wliat 
qualified voters of the society in writing request. Nothing acted ujion to lont.ijn, &c. 
shall have any legal operation, unless the subject matter thereof was ti'i-rjk.'w* 
inserted in the warrant. 

Sect. 14. Meetings shall be warned in the manner provided by any Meetings, how 
by-law or vote of the society, and when no provision is made, in such i;'.'s!'ao, §s. 
manner as the assessors or standing committee in their warrant for such '• t^reeni. 4a6. 
meeting direct. 

Sect. 15. 
ors or tlie standiii 

choice of a moderator; and a clerk may then be chosen, either pro j."'^™;,, 
tempore or to till the vacancy, as the case may require. The moderator 5 MnVB.'4J7.' 
may administer the oath of office to the clerk; and the clerk to the '' '^'■eeni. 448. 
assessors and collector; or said oaths may be administered by a justice 
of the peace; and they sh.all be substantiallj- the same as are required 
to be taken by the clerk, assessors, and collectors, of towns. Modprator's 

Sect. 1G. The moderator shall have the same power as the inodera- ijowers, &c. 
20 



The clerk, or if there is no clerk or he is .absent, the assess- who to preside, 
mding committee, or any one of them, shall preside in the officcrs.'how 



202 



PARISHES AND RELIGIOUS SOCIETIES. [ChAP. 30. 



Disorderly con- 
duct. 

R. S. 20, §11. 
l(j Mass. 3^. 

Collector. 
R. S. 20, §§ 12, 
13. 



Vacancips in of- 
fices, liow filled. 
R. S. 20, § 15. 
Officers of Trot- 
eatiint Episco- 
pal Societies. 
185S, 116. 



Objects for 
wliicti a society 
may raise 
money. 
H. S. 20, § 18. 
1 Mass. 181. 
5 Mass. 54?. 
10 Picll. 500. 
5 Met. "3. 
8 Cush. 20?. 



Taxes to be as- 
sessed on prop- 
erty. 

R. S. 20, §30. 
1 Cush. U9. 



Corporations, 
&c.,not to be 
taxed, &c. 
R. S. 20, § 20. 
1848, 1(H, § 1. 
Societies may 
appoint treasu- 
rers collectors. 

may abate 
upon prompt 
payment. 
R. S. 20, §§ M, 
24. 



Unincorporated 
societies may 
hold, &c., dona- 
tions, 

R. S. 20, § 25. 
5 Met. \m. 
a Met. IM. 



tor of a town meeting ; and persons guilty of disorderly behavior at a 
meeting shall be subject to the penalties and punishments provided for 
like oflences in town meetings. 

Sect. 17. If the person chosen collector is present and .Tceepts the 
office, he shall forthwith be sworn. If not present, he shall be sum- 
moned to take the oath by a constable or any person whom tlie clerk or 
assessors may appoint for the purpose. Upon the refusal or neglect of 
a person present to accept the ofhee at the time, and upon the neglect 
of a person so summoned, for the space of seven days, to a]ipear and 
take the oath, the society sh.all proceed to a new choice; and so from 
time to time until some person accepts and is sworn. 

Sect. 18. Vacancies in any of the annual offices, occurring after the 
annual meeting, may be filled at any other legal meeting. 

Sect. 19. The rector or one of the wardens of religions societies 
belonging to the body of christians known as the Protestant Episcopal 
Church, organized under the laws of the commonwealth, may, unless it 
is otherwise provided in some by-law, preside at their meetings with all 
the powers of a moderator; and the wardens or wardens and vestry 
may exercise all the powers of a standing committee in accordance with 
the usage and discipline of said church. Unless they assess or collect 
a tax on the polls, estates, or pews, of the members tliereof, such soci- 
eties need not choose a collector or assessors ; and they may in their 
by-laws provide, that the duties of assessors shall be jjcrformed by the 
wardens. But the officers upon whom the duties of standing committee 
or assessors may devolve shall in all cases be elected by ballot. 

Sect. 20. The qualified voters of each religious society, at the annual 
meeting or at any other meeting regularly notified seven days at least 
before the holding thereof, may grant and vote such sums of money as 
they judge necessary for the settlement, maintenance, and support, of 
ministers or public teachers of religion ; for the building or repairing of 
houses of public worship ; for sacred music; for the purchase and pres- 
ervation of burial grounds ; and for all other necessary ]iarish charges ; 
which sums shall be assessed on the polls and estates of all the members 
of the society, in the same manner and proportion as town taxes are by 
law assessed. 

Sect. 21. The assessors shall assess the taxes upon the property (not 
exempted by law from taxation) of all the members of the society, 
including their real estate within the state, in whatever part thereof it 
may be situated, and their jiersonal estate wherever the same may be ; 
and no citizen shall be liable to pay a tax for the sH]i]iort of ])ublic 
worsliip or other parish charges, to a society other than that of which 
he is a member. 

Sect. 22. No corporation shall be taxed for any parochi.il puipose. 
Nor shall any person be taxed in a parish or religious society for property 
held by him as guardian or trustee. 

Sect. 23. Every society may ajipoint its treasurer collector of taxes; 
who shall have like powers and proceed in like manner, in enforcing the 
collection of such taxes after the expiration of the time fixed by the 
society for the payment thereof, as provided in chaj iter twelve for the 
collection of taxes by collectors of towns ; and any society may authorize 
its treasurer and collector to make an abatement of such sum as it may 
agree upon at its annual meeting, to those who make voluntary payment 
of their taxes within such periods as may be determined by the society. 

Sect. 24. Unincorporated religious societies shall have like power 
to manage, use, and employ, any (lonation, gift, or grant, made to them, 
according to its terms and conditions, as incorporated societies have, by 
law ; may elect suitable trustees, agents, or officers therefor ; and sue for 
any right which may vest in them in consequence of such donation, gift, 
or grant ; for which purposes they shall be corporations. 



Chap. 30.] parishes and religious societies. 203 

Sect. 25. Incorporated and unincorporated religious societies may Trnstpea may 
a]ipoint trustees, not exceeding five in number, to hold and manage trust tt'^morofficc'; 
funds for their benefit, who shall hold tlieir offices five years and until rjj^iiintions for 
others are appointed in their stead, with power to till vacancies for an mcnt." 
unex]iired term occurring in their board. Such societies at or before "^•'' "*"' § '• 
the time of the first ajipointment of the trustees may establish rules and 
regulations for their government, which shall be considered as of the 
nature of a contract, and not subject to alteration or amendment except 
by all the trustees in office at the time and by a two-thirds vote of the 
society interested therein. 

Sect. 26. The terms "religious society" and "society" in the pre- " Religious so- 

T 4.- 1 11 • 1 1 • 1 ciety,''&c., in- 

eedmg sections shall include parishes. eludes parisii. 

Sect. 27. Persons owning or jsroposing to build a house of public Proprietors of 
worship may organize themselves in the same manner as religious m"yor"anizc' 
societies are authorized to do by the provisions of this chapter; and ami h.ive cor- 
shall thereupon become a corporation with the powers, privileges, duties, 'So' y'^§ i,"! 
restrictions, and liabilities, set forth in chapter sixty-eight, and in the Seesau. 
following sections ; but all the powers derived from such organization 
may be revoked by the legislature. 

Sect. 28. Every such corporation may hold so much real and per- Amount of cs- 
sonal estate, in addition to its meeting-house, as maybe necessary for its be^i,^^^'''''' ""^ 
objects, and as has been agreed and determined on at the meeting held isio, oa|§3. 
for the pur])ose of organization; and the annual income thereof shall be 
applied to jiarochial purposes. 

Sect. 29. The clerk of every such corporation shall, within ten days clerk to leave 
of such meeting, leave with the clerk of tiie town or city in which su("h "-'ti^ tllivn^'"^'' 
house of worshi]) is situated, or is about to be built, a true copy of the ei>rk,&e. 
record of the proceedings. If he fails so to do, the organization shall ' '' 
be void. The copy shall be recorded by the clerk receiving it in a book 
kept for the purpose, for which he shall receive the fee of the register 
of deeds for like services. 

Sect. 30. When the proprietors deem it expedient to alter, enlarge. Proprietors 
repair, rebuild, or remove, their house, or build a new one, they may, at a "JJ'n at'iu™, r'^ 
legal meeting called for that purpose, raise such sums of money as tliej' ',j'''V''.*''j „, 
may judge necessary for the purpose, and to purchase land necessary ' " 
therefor. 

Sect. 31. A meeting of the proprietors for any of the purposes How proprie- 
aforesaid, may be called in the manner jirescribed in the by-laws or n°Jy "o'c'aiieif 
votes of the con)oration, or by a warrant granted by a justice of the '';;''■ ""'J •''S- 
peace on application in writing by any five of said proprietors, which acush^sos. 
warrant shall be directed to one of the applicants ; or such meeting " 
may be called by a notification by the clerk of the pro]irietors, who 
shall warn a meeting on a like application to him ; and in either case 
the meeting may be warned by notification served as provided in 
section five. 

Sect. 32. Money raised may be assessed on the pews in such house, Assessment 
and the assessment may be committed to the treasurer of the proprie- "" money*!*'*'" 
tors, who shall forthwith give notice by posting up an advertisement at k. .s. 20, § 32. 
the iM'inci])al outer door of the house, stating the completion of such 
assessment and the day of delivery thereof to him ; and if any part of 
said taxes remains unpaid for three months afterwards, the treasurer 
shall collect the same forthwith l)y sales at public auction of the pews 
whereon the same remains unpaitl, in the manner provided in the fol- 
lowing sections. 

Sect. 33. The treasurer .shall jiost u)> a notification of the intended Notieewhen 
sale of a pew for taxes at the jirincijial outer door of such house, at by'treasurer.*' 
least three weeks before the time of sale, setting forth the number of i'- S- 20. §33. 
the pew, if any, the n.ame of the owner or occupant, if known, and the '"'' * 
amount of the tax due thereon ; and if any part of said tax remains uu- 



204 



PARISHES AND RELIGIOUS SOCIETIES. 



[Chap. 30. 



Affidavit of no- 
tice of sales 
Diadeeviiieuce. 
K. S. 20, § 31. 



Proprietors 
may tjike do\vii 
pews to alter 
churches, &c. 
Proceedings in 
such case. 
K. S. 20, § W. 
i N. Hamp. U. 
180. 



Parishes, <Sic., 
may sell house, 
&c. 

E. S. 20, § 37. 
1853, 2511. 
19 Pick. 31)1. 
No compensa- 
tion in case, &c. 
K. S. 20, § 38. 
17 Mass. 435. 
1 Pick. 102. 
3 Pick. 3«. 
7 Pick. i:i.s. 
9 Cush. 508. 
Pews personal 
estate, &c. 
1855, 122, §§ 1, 2. 

in certain 
churches may 
be assessed, 
&c. 
1W5, 213, § 1. 



in other 
churches, .tc. 
1852,319, § 1. . 
1854, 258, U. 
1 Cush. 14'J. 



to be pur- 
chased in cer- 
tain cases at au 
appraisal. 
1854, 258, § 2. 



Societies com- 
plyiu*r with 
precediu;^ sec- 
tions to have 
powers, &c. 
1854, 258, § 3. 



Trustees of 
Methodist 
Episcopal socie- 
ties may or^au- 



paicl at the time, the treasurer shall .sell the pew at public auction to the 
highest bidder, and shall execute and deliver to the ])urchaser a sufHeient 
deed of conveyanee. The money arising from the sale, beyond the 
taxes and incidental reasonable charges, shall be paid by the treasurer 
to the former owner of the ]jew, or to his assigns. 

Sect. 34. An affidavit annexed to an original notification or to a 
copy thereof, made before a justice of the peace, and recorded on the 
proprietors' records within gi.x months next after such sale, shall be 
allowed as one mode of proof of the posting up of the notifications 
herein before required. 

Sect. 35. Such proprietors, for the purpose of building a new house, 
or of altering, enlarging, re]3airing, rebuilding, or removing, their house 
already built, may sell their house or take down any pews therein ; the 
pews taken being first appraised by three or more disinterested persons 
chosen by the projirietors for that jmrpose. The jiews newly erected 
shall be sold by their treasurer at public auction to the highest bidder, 
and deeds thereof given in like manner as when pews are sold for the 
paj'inent of taxes. The money arising from such sale shall be applied, 
so fir as may be necessary, to paying the a]ipraised value of the ]3ew8 
taken down; and the deficiency, if any, shall be paid by the jiioprietors 
of such house, within thirty days after the sale. 

Sect. 36. Under the regulations of the preceding section, a parish 
or religious society, whenever it deems it necessary for the jniqiose of 
building a new house or of altering, enlarging, removing, or rebuilding, 
its house already built, may take down any pews therein or sell the house. 

Sect. 37. Nothing contained in the two preceding sections shall en- 
title a person to compensation for a pew so taken down, when such house 
is unfit for the purposes of public worship. 

Sect. 38. Pews shall be personal estate. But this provision shall 
not affect any existing right of dower. 

Sect. 39. Corporations for religious purposes may assess upon the pews 
in a church or meeting-house which they have erected or ])rocured for 
public worship since the twenty-fifth day of March eighteen hundred 
and forty-five, according to a valuation of said pews which shall first be 
agreed upon and recorded by the clerk, sums of money for the sujiport 
of i)ublic worshij) and other parochial charges, and lor the rejiairs of the 
house. Such assessments may be collected in the manner jnovided in 
sections thirty-two and thirty-three. 

Sect. 40. A corporation which had erected or procured such house 
prior to the twenty-fifth day of March, eighteen hundred and tbrty-five, 
may avail itself of the provisions of the preceding section, if the con- 
sent of all the pew owners is obtained, or two-thirds of the members 
present and voting at a regular meeting called for that purpose so 
determine. 

Sect. 41. A religious society which votes to avail itself of the 
provisions of section thirty-nine, shall, upon the application of a 
person owning one or more ]iews in its house, within one year after said 
vote, ])urchase the same at the a]i])raised value. Such ap])raisal shall be 
made by three disinterested persons who may be chosen, one by the 
jK'w owner, one by the society, and the third by the two jiersous thus 
chosen. 

Sect. 42. Any religious society compljing with the requisitions of 
the two ]ireceding sections, shall be entitled to the iirivileges and sub- 
ject to the liabilities incident to those religious societies whicli have 
erected or procured a meeting-house for])ul)lic worshi]i since the twenty- 
fifth day of March in the year eighteen hundred and forty-five. 

Sect. 43. The trustees of any society of the Methodist E]nscopal 
Church, or of the African MethodLst Episcopal Church, appointed ac- 
cording to the discipline or usages thereof respectively or as such 



Chap. 31.] donations for pious and charitable uses. 205 

society chooses, may organize and become a corporation with power.^, i2c> and become 
pri\'ileges, duties, and liabilities, of chapter sixty-eight, subject how- ™'','"S,'"§T.' 
ever to account to the quarterly meeting of such society according to '^;^,"' ^^ §i- 
such discipline and usages. But all jjowers derived from such organi- 
zation may be revoked by the legislature. 

Sei't. 44. Such trustees may receive, hold, and manage, all the prop- Powers of trus- 
erty, both real and personal, belonging to such society, and sell and ^'','n„^i j„come 
convey the same, and hold in trust gift.s, grants, bequests, or don.ations, not to exceed 
maile to such society for the support of jjublic worship and other reh- is4-, iso, § 2. 
gious purposes: provided, that the annual income thereof, exclusive of i»". «. Ja- 
the meeting-house, shall not exceed four tl)ousand dollars. 

Sect. 4o. Tlie first meeting of such trustees may be called by a First meetinp-, 
justice of the peace upon the application of three or more of the trus- Ilaniziit'ion.' 
tees ; at which they may choose a secretary and other officers. The Seuietury to be 
provisions of this chapter in relation to the warning and organization of i^'^aio, §3. 
meetings of religious societies shall, so far as the same are a]i]>]icable, 
be in force in regard to meetings for the organization of such trustees. 
The secretary, before entering upon the duties of his offict', shall be 
sworn to the faitliful discharge of the same, and a record of such oath 
shall be kept in the records of their proceedings. 

Sect. 46. An attested copy of the record of the proceedings at such copy of record 
organization shall be left with tlie town or city clerk, and recorded °/iti"town'* 
witliin the time and in the manner prescribed in section twenty-nine. <iiik> or organ- 
If the secretary omits to leave such copy within the time specified the "HA"^ ° "^ 
organization shall be void. !*''■> 280,§4. 



CHAPTER 31. 

OF DONATIONS AND CONVEYANCES FOR PIOUS AND CHARITABLE USES. 

Section i Section 

1. Deacons, church wardens, Ac, made bodies fi. Churches, except, &c., may appoint corn- 
corporate to take donations. | mittees to settle with deacons. 

2. When ministers, elders, &c., are joined in 
such donation, they shall be joined iu the 
body corporate. • 

3. Ministers of all churches may take in suc- 
cession any parsona^^o laud. 

4. No conveyance of church land valid with- 
out consent of church, &c. 

5. Conveyance by minister to be valid only 
during his miuistry, unless, &c. 



7. Income of such bodies corporate limited. 

8. Overseers of monthly mcetniys of Friends 
or Quakers to hold lauds, &c., as a corpora- 
tion. Income limited. 

0. Trustees who hold funds gfiven to towns 
for charitable, &c., purposes, to report to 
selectmen. 
10. Probate court may remove trustee. 



Section 1. The deacons, church wardens, or other similar officers, of Deacons, &c., 
.all churches or religious societies, if citizens of this commonwealth, shall I''it|','l.c.°'''°' 
be deemed bodies corporate, for the pui-j^ose of taking and holding in if s.ai, §39. 
succession all grants and donations, whether of real or personal estate, ]■} Met!:isu.'' 
made either to them and their successors, or to their respective churches, J ^ush. ■»{. 
or to the poor of their churches. 

Sect. 2. When the ministers, elders, or vestry, of a church are, in the Ministers, &c., 
grants or donations mentioned in the preceding section, joined with such J" iw^joiued in' 
deacons or church wardens as donees or grantees, such officers and their body corporate, 
successors, together with the deacons or church wardens, shall be deemed la ji'et. 250. ' 
the corporation for the purposes of such grants and donations. * CnaU. 2si. 

Sect. 3. The minister of every cluirch or religious society of what- Ministers may 
ever denomination, if a citizen of this commonwealth, shall be capable 's^oii/Ae.'""^*" 
of taking in succession any parson.ago land granted to the minister and k.s. 20, §41. 
his successors, or to the use of the ministers, or granted by any words of ' "**' ' 
18 



206 



DONATIONS FOB PIOUS AND CHARITABLE USES. [ChAP. 31. 



15 Mass. 4M. 
Greeul. 305. 

Conveyanco of 
fiiurch Ijmds, 
ivlieii not valid, 
U. S. 20, § 4i. 



by minister, 
whou to be 
valid. 

K. S. 20, § 43. 
:; iMass. bw. 
14 Mass. 333. 



Committeos to 

settle with dea 

cons. 

K. S. 20, § +4. 

y CusU. 1S3. 



Income of snch 
bodies corpo- 
rate limited. 
1!. S. 20, §45. 



Overseers of 
monthly meet- 
iu;,^s of I'^rieuds 
or Quakers, to 
hold lauds, ^tc, 
as a corpora- 
tion. 

Income limited. 
K. S. 20, §40. 
b Cash. 431. 



Trustees who 
hold funds ^'i\-- 
en to towns for 
charitable, Ac, 
purposes, to re- 
port to select- 
men. 
l»o5, 302, § 1. 



Probate court 
may remove 
trustee. 
lS5o, 302, § 2. 



like import ; and may prosecute and defend in all actions touching the 
same. 

Sect. 4. No conveyance of the lands of a church shall be effectual 
to pass the same, if made by the deacons without the consent of the 
church, or of a committee of the church a])])i)iiitt'(l for that puqiose, or 
if made by the church wardens without the consent of the vesti y. 

Sect. 5. No conveyance by a minister of lands held by him in suc- 
cession, shall be valid any longer than he continues to be such minister, 
unless such conveyance is made with the consent of the town, jiarish, or 
religious society, of which he is minister, or unless he is the minister of 
an episcopal church and makes the conveyance with the consent of the 
vestry. 

Sect. 6. The several churches, other than those of the episcopal 
denomination, may choose committees for the purpose of settling the 
accounts of the deacons and other church officers, and, if necessaiy, to 
commence and prosecute suits in the name of the church against the 
deacons or other officers touching the same. 

Sect. 7. The income of such grant or donation made to or for the 
use of a church, shall not exceed the sum of two thousand dollars a 
year, exclusive of the income of any parsonage lands granted to or for 
the use of the ministry. 

Sect. 8. The overseers of each monthly meeting of the people called 
Friends or Quakers shall be a body corporate for tlie purpose of taking 
and holding in succession grants and donations of rc;il or personal estate 
made to the use of such meeting, or to the use of any preparative meet- 
ing belonging thereto ; and mav aliene or manage such estate according 
to the terms and conditions of the grants and donations, and prosecute 
and defend in any action touching the same: provi<kd, that the income 
of the grants and donations to any one of such meetings for the uses 
aforesaid shall not exceed the sum of five thousand dollars a year. 

Sect. 9. All trustees, whether incorporated or not, who hold funds 
given. or bequeathed to a city or town for any charitable, religious, or 
educational purpose, shall make an annual exhibit of the condition of 
such funds to the board of aldennen of the cit_y, or the selectmen of the 
town, to which such funds have been given or bequeathed, and all trans- 
actions by the trustees concerning such funds shall be open to insjicction 
by the board of aldermen of the city, or selectmen of the town, to which 
the returns are made. 

Sect. 10. The probate court for the county in which the city or town 
is situated to which funds have been given or bequeathed as aforesaiil, may 
on the petition of five persons cite all parties interested to apjiear before 
the court to answer all complaints which may then and there be made ; 
and if a trustee has neglected or refused to render such annual exhibit, 
or is incapable of discharging the trust reposed, or unsuitable to manage 
the affairs of the same, the court may remove such trustee and supply 
the vacancy. 



Chap. 32,] associations fob religious and other purposes. 



207 



CHAPTER 32. 

OF associatio><'s for religious, charitable, and educational 

purposes. 



Section 

1. Seven or more porsone associating^ for reli- 
gious, Ac, purposes, to be body corporate. 

2. Purpose and location of corporation to be 
speciHi-d in articles of association. 

3. To have usual corporate powers, iic. 



SECTIOlf 
1. May hold estate not more than $100,000. 
5. Kstate not exempt from taxation where 

dividends are made, or estate ia used for 

other purposes. 



Section 1. Seven or more persons within this state, having associ- 
ateil themselves by agreement in writing for educational, charitable, or 
religious pui-jioses, under any name by them assumed, and eompljing 
with the provisions of this chapter, shall with their successoi-s be and 
remain a body politic and coqwrate. 

Sect. 2. The purpose of such coqioration and the place within 
which it is establisheil or located shall be distinctly specified in its arti- 
cles of association ; which articles, and all amendments thereto, shall be 
recorded in the office of the register of deeds for the county or district 
wherein such place is situated ; and such corporation shall appropriate 
its funds to no other purpose. 

Sect. 3. Corporations organized under this chapter shall have the 
powers and privileges, and be subject to the duties, liabilities, and re- 
strictions, set forth in chapter sixty-eight, so far as the same may be 
applicable. 

Sect. 4. Such corporations may hold real and personal estate neces- 
sary for the purposes of their organization, to an amount not exceeding 
one hundred thousand dollars. 

Sect. 5. Their estate shall not be exempted from taxation in any 
case where part of the income or profits of their business is divided 
among membere or .stockholders, or where any portion of such estate is 
used or appropriated for other than educational, charitable, or religious 
purposes. 



Seven or more 
persoDB UM>- 
fialin^, &c.,to 
be body corpo- 
rate. 
l>SiT, 50, § 1. 



Purpose and lo- 
cation to be 
t^pecified iu ar- 
ticles. 
Ittsr, 50, { 2. 



To have usual 
corporate pow- 
ers, &c. 
1857, 56, { 3. 



3Iay hold es- 
tate not over, 
4c. 
1857, 56, § 4. 

Estate not ex- 
empt from tax- 
ation, where 
used for other 
purposes. 
1857, 50, § 5. 



CHAPTEE 33. 



OF PUBLIC LIBRARIES. 



LAW LTBBARIES. 

SEcnox 

1. Law librariea heretofore organized, to exist 
under this chapter. 

2. Attorneys may orgfanize a Law Library As- 
sociation in any county where none exists. 

3. First meeting-, how called. 

4. Officers. 

5. Inhabitants of county may use the books 
under prescribed regulations. 

6. County treasurer to disburse, not exceed- 
ing, Ac, to enlarge such libraries. 

7. Treasurer to give bond and make retam 
under oath. 



town asd citt lieeaetes. 
Secttos 

8. Towns and cities may establish libraries. 

9. may appropriate money, and receive de- 
vises, bequests, and donations, for that 
purpose. 

SOCIAL LIBBAP.IES. 

10. Proprietors of library may constitute them- 
selves a corporation, &c. 

11. Warning meeting, choice of officers^ Ac 

12. Treasurer to give bond. 

13. Assesementa. 



LAW LIBEAEIES. 



Section 1. Law library associations heretofore organized in any Lawbtraries. 
county except Suffolk, shall remain corporations m the same manner as J^; 157, $ i. 
if organized under this chapter. 



208 



PUBLIC LIBRARIES. 



[Chap. 83. 



Law Library 
Associations, 
whore may be 
organized. 
1850, 184. 
1859, 190. 



FirBt meeting 
how called. 
1812, 94, § 2. 
1850, 184. 
1869, 190. 



Officers. 

1S42, 94, § 1. 

Inhabitants of 
connty may use 
books, <S:o. 
1842, 94, § 2. 



Connty treas- 
urer to pay, not 
exceeding, <tc., 
for such libra- 
ries. 

1850, 71, § 1. 
1859, 1/2. 



Treasurer to 
give bond, &c. 
1S50, 71, § 2. 



Sect. 2. The attorneys at l.iw admitted to practice in the courts of 
tlie commonwealth and resident in a county for wliicli tlicre is no law 
library association, may organize themselves by the name of the Law 
Library Association for such county ; and when so organized shall be a 
corporation for the purpose of holding and managing the law library 
belonging to the county, and may adopt by-laws for that juirpose, sub- 
ject to the .ajjproval of the justices of the superior court. 

Sect. 3. The clerk of the courts in any county in which no associa- 
tion has been organized, upon the application of seven attorneys at law 
resident therein, may call a meeting for the purpose of such organization 
by posting up notifications thereof in some convenient place in any 
court-house of the county ; which meeting shall be holden during the 
term of the superior court commencing next after ten days from the 
time of posting up such notification. The clerk shall preside at such 
meeting until a clerk of the association is chosen. 

Sect. 4. The officers of such association shall be a clerk, treasurer, 
and librarian, whose duties shall be defined by the by-laws. 

Sect. 5. Every inhabitant of a county in which such association is 
organized may use the books in the library, subject to such i-egulations 
as may be prescribed by the association with the approval of the supe- 
rior court. 

Sect. 6. County treasurers shall annually, on the first day of .Tanu- 
ary, pay to the county law library associations in their respective coun- 
ties one-quarter part, not exceeding one thousand dollars, of all sums 
which said treasurers have received fi-om the clerks of the courts during 
tlie preceding year; and they may also pay such further sums, not ex- 
ceeding the amount paid into the respective county treasuries by the 
clerks of the courts, as the county commissioners deem necessary and 
proper. All sums so paid shall be applied to maintain and enlarge such 
libraries for the use of the courts and citizens. 

Sect. 7. The treasurer of a law Ubrary association, before receiving 
said money, shall give a bond with sureties to the satisfaction of the 
commissioners for the faithful apjilication thereof, and that he will make 
a return annually to them, under oath, of the manner iu which all such 
applications are made. 



Towns and cit- 
ies may estab- 
lish libraries. 
1S51, ma, § 1. 



may appro- 
priate money 
and receive de- 
vises, &c., for 
that purpose. 
1851, 305, §§2,3. 
1859, 25. 



TOWN AND CITY LIBRARIES. 

Sect. 8. Each town and city may establish and maintain a public 
library therein, with or without branches, for the use of the inhabitants 
thereof, and provide suitable rooms therefor, under such regul.itions for 
its government as may from time to time be prescribed by the inhabit- 
ants of the town, or the city council. 

Sect. 9. Any town or city may appropriate money for suitable build- 
ings or rooms, and for the foundation of such library a sum not exceed- 
ing one dollar for each of its ratable polls in the year next ]»reeeding 
that in which such appropriation is made; may also a]iiiroj)riate annu- 
ally, for the maintenance and increase thereof, a sum not exceeding fifty 
cents for each of its ratable polls in the year next preceding that in 
which such appropriation is made, and may receive, hold, and manage, 
any devise, bequest, or donation, for the estabUshment, increase, or 
maintenance, of a public library within the same. 



SOCIAL LIBRARIES. 



Proprietors of Sect. 10. Seven or more proprietors of a library may form them- 

(■'wporation ^c* ^^^^'^"^ i"to a coi-poration, Under such coi-}iorate name as they may adopt, 

K.S.4I, §§i,'3,o. for the purpose of jirescrving, enlarging, and using, such library; with 

the powers, privileges, duties, and liabilities, of corporations organized 



Chap. 34.] state boakd of education. 209 

according to the provisions of chapter sixty-eight, so far as the same 
may be ap]jlicable, and may hold real and personal estate to au amount 
not exceeding five thousand dollars in addition to the value of their 
books. 

Sect. 11. Upon application of five or more of such proprietors, a warning moct 
justice of the peace may issue his warrant to one of them, directing him Ilfga^rsr&c." 
to call a meeting of the proprietors, at the time and place and for the K- s. h, §5 1, 2. 
purjiosos ex]3ressed in the warrant. The meeting shall be called by 
])osting up the substance of the warrant in some public place in the 
town where the Ubi-ary is kept, seven days at least before the time of 
the meeting ; at which, if not less than seven of the proprietors meet, 
they may choose a president, a clerk who shall be sworn, a librarian, 
collector, treasurer, and such other oflicers as they may deem necessary ; 
and maj- determine upon the mode of calling future meetings. 

Sect. 12. The treasurer shall give bond with suflicient sureties, to Treasurer to 
the satisfaction of the pro])rietors, for the faithful discharge of his duties. f;Js.''4'°'§'4. 

Sect. 13. Such jn-oprietors may, by assessments on the several shares, Assessments, 
raise such money as they judge necessary for the purposes of preserving, I'-s. 4i, §5. 
enlarging, and using, the library. 



TITLE XI. 



OF PUBLIC mSTEUCTION AND REGULATIONS RESPECTING 

CHILDREN. 



Chapter 34. — Of the Board of Education. 

Chapter 35. — Of Teachers' Institutes and Associations. 

CH.1PTER 36. — Of the School Funds. 

Ch-^pter 37. — Of State Scholarships. 

ClLiPTER 38. — Of the Public Schools. 

Chapter 39. — Of School Districts. 

CH.iPTER 40. — Of School Registers and Returns. 

Ch.\PTER 41. — Of the Attendance of Children in the Schools. 

Chapter 42. — Of the Employment of Children and Regulations respecting them. 



CHAPTER 34. 



OF THE BOAIID OF EDUCATION. 



Section 

1. Board of education, how orgfanized; term 
of office ; vacancies. 

2. may take [jrante, devises, &c., in trust for 
educational purposes ; to pay all moneys to 
treasurer. 

.3. shnll prescribe form of school registers, 
and of blanks for returns ; transmit ab- 

18* 27 



Section 

stracts of returns, and report, to legisla- 
ture. 

i. may appoint secretary, who shall make ab- 
stracts, collect and diffuse ioformation, &c. 

5. Secretary shall suggest improvements, visit 
diiferent places, collect books, receive re- 
ports, &c. 



210 



STATE BOARD OF EDUCATION. 



[Chap. 34. 



Section 

C. Secretary nhall -^^ive notice and attend moet- 
inj^s, and collect information, Ac. 

7. shall send blank forms and reports to 
clerks of towns and cities. 

8. Conii)ensation of secretary, and expenses 
of office. 



Section 
9. lioard may appoint agents to make in 

qniry, &c. 
10. Expenses of board, how paid. 
U. Assistant state librarian may act as clerk. 



Board of educa- 
tion, how or- 
ganized ; term 
of members ; 
vacancies. 
183r, 241, § 1. 



may take 
grants, &c., in 
trust for educa- 
tional purpos- 
es, .tl!. 

Duty of treas- 
urer. 
1S50, 88. 



shall pre- 
scribe form of 
school reg;isters 
and blanks for 
returns, &c. 
ls:ir, 241, §?2, .1. 
1S1.-I, 1115, §§5-r. 
l.S4.i, 2-.'.i, § 3. 
lS4i), 2U<). 



may appoint 
secretary, who 
shall make ab- 
stracts, &c. 
18:ir, 241, § 2. 
l»4r, is:i, § 1. 
184S>, 215, § 1. 



Secretary shall 
suf^gest im- 
provements, &c. 
184i», 215, § 1. 
1858, 61. 



shall give no- 
■ tice and attend 

meetini^s, i&c. 

lKi8, losi, § 1. 
.1842, 42. 



Section 1. The board of education shall consist of the governor and 
lieutenant-governor, and eight persons appointed by the governor with 
the .advice and consent of the council, each to hold office eight years 
from the time of his appointment, one retiring each year in the order of 
appointment ; and tlie governor, with the advice and consent of the 
council, shall fill all vacancies in the board which may occur from death, 
resignation, or otlierwise. 

Sect. 2. The board may take and hold to it and its successors, in 
trust for the commonwealth, any grant or devise of lands, and any 
donation or bequest of money or otlier jiersonal property, made to it for 
educational purposes; and sliall forthwith pay over to the treasurer of 
the commonwealth, for safe keeping and investment, all money and 
other personal i)roperty so received. The treasurer shall from time to 
time invest all sucli money in the name of the commonwealth, and shall 
pay to the board, on the warrant of the governor, the income or jirinci- 
pal thereof, as it shall from time to time require ; but no disposition 
shall be made of any devise, donation, or bequest, inconsistent with the 
conditions or terms thereof. For the faithful management of all prop- 
erty so received by the treasurer he shall be responsible upon his bond 
to the commonwealth, as for other funds received by him in his official 
capacity. 

Sect. 3. The board shall prescribe the form of registers to be kept in 
the schools, and the form of the blaiiks and inquiries for the returns to 
be made by school committees ; shall annually on or before the third 
Wednesday of January lay before the legislature an annual report con- 
taining a printed abstract of said returns, and a detailed rejiort of all 
the doings of the board, with such oliservations upon the condition and 
efficiency of the system of popular education, and such suggestions as 
to the mo.st practicable means of improving and extending it, as the 
ex]ierience and reflection of the board dictate. 

Skct. 4. The board may ajipoint its own secretary, who, under its 
direction, shall make the abstract of school returns required by sec- 
tion three; collect information res]iecting the cundition and efficien- 
cy of tlie public schools and other means of po]iular education; and 
difluse as widely as possible throughout the commonwealth information 
of the best system of studies and method of instruction for the young, 
that the best education which public schools can be made to impart 
may be secured to all children who depend ujion them for instruction. 

Sect. 5. The secretary sh.all suggest to the board and to the legis- 
lature, improvements in the present system of jniblic schools ; visit, as 
often as his other duties will permit, different parts of the common- 
wealth for the purpose of arousing and guiding ]iublic sentiment in rela- 
tion to the practical interests of education ; collect in his office such 
school-books, apparatus, majis, and charts, as can be obtained without 
expense to the commonwealth ; receive and arrange in his office the 
reports and returns of the school committees ; and receive, jjreserve, or 
distribute, the state docmnents in relation to the jniblic school system. 

Sect. 6. lie sliall, under the direction of the boanl, give sufficient no- 
tice of, and attend sucli meetings of teachers of public schools, members 
of the school committees of the several towns, and friends of education 
generally in any county, as may voluntarily assemble at the time and 
place designated by the board ; ami shall at such meetings devote 
himself to the object of collecting information of the condition of the 



Chap. 35.] teachers' institutes and associations. 



211 



public schools of such county, of the fulfilment of the duties of their 
office by members of the school committees of all the towns and cities, 
anil of the circumstances of the several school districts in regard to 
teachers, pupils, books, apparatus, and methods of education, to enable 
him to furnish all information desired for the report of the board 
required in section tjiree. 

Sect. 7. He shall send the blank forms of inquiry, the school regis- Secretary sh.iii 
ters, the annual report of the board, and his own annual report, to the roports^towu 
clerks of the several towns and cities as soon as may be after they are ci.^rks, &c. 
ready for distribution. _ ' 

Sect. 8. He shall receive from the treasury, in quarterly payments Compcns.ition 
an annual salary of two thousand dollars, and liis necessary travelling a,ui™vp™Jc"s 
expenses incurred in the performance of his otticial duties after they ot office, 
have been audited and approved by the board ; and all postages and issaUo^ 
other necessary expenses arising in his otiice, shall be paid out of the 
treasury in the same manner as those of the different departments of 
the government. 

Sect. 9. The board may appoint one or more suitable agents to visit Board may ap- 
the several towns and cities for the purpose of inquiring into the condi- ^^^l ^Sq^iry!' 
tion of the schools, conferring with teachers and committees, lecturing -^c. 
upon subjects connected with education, and in general of giving and 2-1 ^ "' '' 
receiving information upon subjects connected with education, in the 
same manner as the secretary might do if he were present. 

Sect. 10. The incidental expenses of the board, and the expenses of Expenses of 
the members thereof incurred in the discharge of their official duties, pafjf' '"'" 
shall be paid out of the treasury, their accounts being first audited and is-m, 55. 
allowed. 

Sect. 11. The assistant libi-arian of the state library shall act when clerk, 
necessary as clerk of the board. 



IM'J, 155, § 1. 



CHAPTER 35. 



OF TEACHERS' INSTITUTES AND ASSOCIATIONS. 



Section Section* 

1. Board of education to arrange for meeting 4. Wben meetings held, county associations 
of teacliers' institutes. to receive S50 a year. 

2. Expenses of. how paid. 5. To be paid on certilicate, &e. 

3. Board to regulate length of session and ex- 
pense. 

Section 1. When the board of education is satisfied that fifty Teachers' insti- 
teachers of public schools desire to unite in forming a teachers' institute, ^'es, mectmgs 
it shall, by a coiuniittee of its body, or by its secretary, or in case of his isio, 99, § i. 
inability by such person as it may delegate, appoint and give notice of ll^iJlca! 
a time and place for such meeting, and make suitable arrangements 
therefor. 

Sect. 2. To defray the necessary expenses and charges, and procure expenses of, 
teachers and lecturers for such institutes, the governor may draw his i)^o,99,'t§2,3. 
warrant upon the treasurer for a sum not exceeding three thousand ino4, 300, §§ 3, 1. 
dollars per annum, to be taken from th.at portion of the income of the 05^^"''''' ' 
school fund not apportioned for distribution to the several cities and 
towns for the support of public schools. 

Sect. 3. The board may determine the length of time during which length of, .•md 
a teachers' institute shall remain in session, and what portion, not ex- i,$£^'^';'§ o. 
ceeding three hundred and fifty dollars, of the sum provided for in the i*J9, 62. 
preceding section shall be appropriated to meet the expenses of any 



212 



SCHOOL FUNDS. 



[Chap. 36. 



Wh-^n meoting:s 
IiL'lrt, county us- 
sociiitii'iis to re- 
c<-ivc $.')■> a yeiir. 
lS^.s, ai.ii, § 1. 

To be paid on 

certificate, &c. 
1S46, 301, § 2. 



such institute ; and the board, its secretary, or any person by it duly 
apjjointed, may draw upon the treasurer tlierefor. 

Sect. 4. When a county association of teachers and others holds 
semi-annual meetings, of not less than two days each, for the express 
purpose of promoting the interests of public schools, it shall receive fifty 
dollars a year from the commonwealth. 

Sect. 5. Upon the certificate under oath of the president .and secre- 
tary of such association to the governor that two semi-annual meetings 
have been held in accordtmee with the provisions of the preceding sec- 
tion, he shall draw his warrant in favor of such association for the sum 
aforesaid. 



CHAPTER 36 



OF THE SCHOOL FUNDS. 



massachusetts school fund. 
Section 

1. Scliool fund, how invested. Income only 
to be used. 

2. Half the income to be distributed for sup- 
port of common schools. Appropriations 
for other educational purposes to be paid 
from other half. Surplus to be added to 
principal. 

3. apportioned for schools by secretary and 
treasurer. When towus arc not entitled to 
share. 



Section 

4. Income received by towns to be applied for 
support of schools therein. 

5. Appropriations for Indians. Account to be 
rendered. 

INDIAN SCHOOL FUND. 

6. Indian school fund, how applied, &c. 

TODD NORMAL SCHOOL FUND. 

7. Todd fund, how applied. 



School fund, 

];ow invested. 

income only to 

lie used. 

i.-. S. 11, §§ 13, 

H. 

1.S54, 300, §§2,3, 

lisi, 333. 



Income, how 
distributed. 
1854, 300, §§ 2, 3. 
1S58, 'J(j, § 2. 



how appor- 
tioned for 
schools. 
When towns 
are not entitled 
to share. 
K. S.2.3, §§06, 
67. 

1846, 223, § 5. 
1849, 117, §§ 2, 3. 



MASSACnUSETTS SCHOOL FUND. 

Section 1. The present school fund of this commonwealth, together 
with such additions as may be made thereto, shall constitute a perma- 
nent fund, to be invested by the treasurer with the approbation of the 
governor and council, and called the "Massachusetts School Fund;" 
the principal of which shall not be diminished, and the income of which, 
including the interest on notes .and bonds taken for sales of Maine 
lands and belonging to said fund, shall be approjniated as hereinafter 
provided. 

Sect. 2. One-half of the annual income of said fund shall be appor- 
tioned and distributed for the support of ]>ublie schools without a specific 
apjiropriation. All money ap]iro]iriated for other educational pur]wses, 
unless otherwise provided by the act ajipropriating the same, shall be 
paid from the other half of said income so long as it shall be sufficient 
for that purpose. If insufficient, the excess of such a])propriations in 
any year shall be paid from .any money in the treasury not otherwise 
appropriated. If the income in any year exceeds such apjirojiriations 
for the year, the surplus shall be added to the principal of said fund. 

Sect. 3. The income of the school fund ap]iro])riated by the pre- 
ceding section to the support of public schools, which may have accrued 
upon the first day of June of each year, shall be ap]>ortioned by the 
secretary and treasurer, and on the tenth day of July be paid over by 
the treasurer to the treasurers of the several towns and cities for the 
use of the public schools, according to the number of persons therein 
between the ages of five .and fifteen years, ascertained and certified as 
provided in sections three and four of chapter forty. But no such ap- 
portionment shall be made to a town or city which has not com]ilied 
with the ]irovisions of sections five and six of said chajiter, or which has 
not r.xisod by ta.xatiou for the support of schools during the school year 
embraced in the last annual returns, including only wages and board of 



Chap. 37.] 



STATE SCHOLARSHIPS. 



213 



teachers, fuel for the schools, and care of fires and school-rooms, a sum 
not less than one dollar and fifty cents for each person between the 
ages of five and fifteen years belonging to said town or city on the first 
day of ^lay of said school year. 

Sect. 4. The income of the school fund received by the several income re- 
cities and towns shall be apj)lied by the school committees thereof to towns.'iKJw ap- 
the support of the jiublic schools therein, but said committees may, if pUed- 
they see fit, appropriate therefrom any sum, not exceeding twenty-five 
per cent, of the same, to the purchase of books of reference, maps, and 
apparatus for the use of said schools. 

Sect. 5. On the first day of January annually, there shall be paid Appropriation* 
out of the income of said school fund as follows, \iz. : One hundred '*"' '"diiius. 
dollars to the treasurer of the Marshpee Indians, to be applied under renriercd." 
his direction to the support of public schools among said Indians; one J^.iJS^"*' 
hundred and sixty-five dollars to the selectmen of the district of Mar.-^h- isssi iNi;i§§i,3. 
pee, under the ])rovisions of chapter thirty-five of the Resolves of the Resolves, isss, 
year one thousand eight hundred and fifty-five; sixty dollars to the 
trustee of the Gay Head Indians ; sixty dollars to the guardian of the 
Indians of Christiantown and Chippeijuiddie ; and twenty dollars to the 
treasurer of the Herring Pond Indians ; to be applied by them in like man- 
ner to the support of public schools among said Indians ; and an annual 
account of the a])jiropriatious of said money shall be rendered to the 
governor and council. 

INDIAN SCHOOL FUND. 

Sect. 6. The income of the school ftmd for Indians, derived from Indian school 
the surplus revenue of the United States, shall be paid annually in the [^"!j|', 'ife! "**" 
month of March for public school purposes as follows, viz.: to the is37, so, §r. 
treasurer of the district of Marsh]iee, sixty dollars ; to the guardian of 
the Christiantown and Chippequiddic Indians, seventy-two dollars, one- 
half thereof for the benefit of said Christiantown and Chi]ipecjuiddic 
Indians, and the other half for the benefit of the Gay Head Indians ; and 
to the treasurer of the Herring Pond Indians, eighteen dollars. 

TODD XOKMAL SCHOOI, FUXD. 

Sect. 7. The income of the Todd fund shall be paid by the treasurer Todd fund, how 
of the commonwealth on the warrant of the governor to the board of ]^„"^'gg 
education, to be l)y them applied to specific objects in connection with 
the normal schools not provided for by legislative appropriation. 



CHAPTER 37. 



OF STATE SCHOLARSHIPS. 



Section 

1. Forty-^ig^bt Bcholarships established. 

2. Arrangement of pections and classes for 
ecbolarsbips. One scholarsbip to each sec- 
tion every four years. Secretary of board 
to notify school committees. 

3. School committees to recommend candi- 
dates. Qualifications of candidates. Va- 
cancies, how filled. 

4. Additional scholars. Character of scholars. 



Section 

5. Time and place of selection. 

6. Place of education, how selected. Scholars 
to receive $100 annually. 

7. Vacancies, how filled. 

8. Scholars attending- normal school, allow- 
ance to. 

9. Those receiving- aid, to teach or refund. 
10. Appropriations. 



Section" 1. To aid in qualifying principal teachers for the high scholarships 
schools of the commonwealth, forty-eight state scholai-ships are estah- ""* "*'''^' ""' 



lished. 



established. 
1853, 193, § 1. 



!14 



STATE SCHOLARSHIPS. 



[Chap. 37. 



Arrauofemont 
i)f sectious and 
classes for 
tivjholarships. 
1353, 193, § 2. 



Candidates for 

scholarships, 

how rccom- 

mouded. 

Qualifications. 

Vacancies, how 

micd. 

1S53, 193, § 3. 



Additional 

Hcholara. 
Cliuracter of 
candidates. 
18o3, 193, § 4. 



Time and place 
of selection. 
1853, 193, § 5. 



Place of educa- 
tion, how se- 
lected. 

Scholar to re- 
ceive $100 annu- 
ally. 
1S03, 193, § 6. 



Vacancies, how 

tiUed. 

1853, 193, § 7. 

Scholar attend- 
ing normal 
Bcnool, allow- 
ance to. 
iS33, 193, § 8. 



to teach, or 
r'-fund. 
1853. 193, § 9. 



Sect. 2. Tlie sections .and classes of sections, and the order in wliicii 
they .are entitled' to scholarships as now arranged by the board of 
education, shall continue until the year eighteen hundreil and sixty-one, 
at which time, and at the expiration of every ten years thereafter, the 
board shall arrange the senatorial districts into four classes of ten sec- 
tions each, and each of said classes shall, once in four years, in such 
alternate order as the board, .at the time of the formation of the classes, 
by lot designates, be entitled to one scholarship for each of its sections. 
The secretary of the board shall througii the mail notify the school 
committee of each town or city of the year its class is entitled to 
scholarships. 

Sect. 3. The school committees of the towns and cities in each 
class, may in the year in which their class is entitled to schol;irsl]ii)S 
recommend as candidates therefor, young men, inhabitants of their 
town or city, who siiall furnish the board of education with the certiKed 
opinion of said committee and of a competent teacher, that they will l)e 
fitted f)r I'ollege at the succeeding commencement; and said board, 
together with the senator if he resides within any section of such class, 
shall select from such candidates one scholar from each section, whom 
by personal examination they judge the most deserving and hkely to 
become useful as a teacher. If any section presents no such suitable 
candidate, the place may be filled by the board from the candidates 
of the other sections of the same class, .and if from a deficiency of pro])er 
candidates less than ten scholars are selected from a class, tlie boai-d 
may, after a careful examination by themselves as to scholarshij), com- 
plete the number from the state at large. 

Skct. 4. If, after the selection of ten scholars from any class of sec- 
tions, other candidates from such class recommended as aforesaid are 
considered by the board as possessing the requisite qualifications, the 
board may select therefrom two a<lditional scholars, and in default of 
such candidates may select such additional scholars from the state at 
large in the manner provided in the preceding section. All candidates 
shall be jiersoiis of irreproachalile moral character, free from any con- 
siderable defect of sight or hearing, and of good healtli and constitution. 

Sect. 5. The selections for scliolarshi])s required to be made by the 
board and by the senators within the respective sections, sliall be made at 
a meeting lield annually at the otHce of the secretary of the board, at such 
time in the month of ^March as the board appoints, of which the secretary 
shall give notice. The selections to be made by the board iilone may 
be made at the s.ame or at any other time during the year. 

Sect. G. Any scholar so selected may be educated at any college 
estabhshed by law in this commonwealth which lie and his friends may 
select ; and the board shall ,at the end of each collegiate year, not 
exceeding four, upon his jirodncing a certificate from the president of 
his college that he has been faithful in his studies, exemplary in his 
deportment, and ranks in scholarship among the first lialf of his class, 
pay to him one hundred dollars. 

Sect. 7. Selections to fill vacancies occurring in such scholarships 
may be made by the board in like manner as original selections ; and 
the board sli.all take all measures necessary for tliat purpose. 

Sect. 8. Any such scholar after leaving college may attend a state 
normal school, and for each term not exceeding two during which he 
attends such school, he shall, upon producing a certificate of such attend- 
ance and of the faithful and cxemplaiy performance of his duties there 
from the princi])al master thereof, be paid by the board of education, 
from any unexpended balance of the funds provided by section ten of 
this chapter, tlie sum of twenty-five dollars. 

Sect. 9. Every iierson who has received aid in tlie manner provided 
by this chapter, shall teach in the public schools of the commonwealth 



Chap. 38.] 



PUBLIC SCHOOLS. 



215 



the same term of time that he has received such aid ; and \£, being in 
competent health, he fails so to teacli, unless he satisfies the hoard that 
such failure has arisen from inability to find employment, he shall pay to 
the treasurer at the rate of cr.e hundreil dollars a year for the time of 
such failure, with interest thereon from the time of graduation ; and the 
treasurer may recover the amount in an action at law. 

Sect. I'O. Forty-eight hundred doUai-s annually from the income of Appropria- 
the school fund not appropriated to public schools, and all such sums as I'^s^'io), § lo. 
the treasurer recovers under the preceding section, are aj>propriated to Set- § ». 
accomi)lish the purposes of this chapter under the direction of the board 
of education. 



CHAPTER 38. 



OF THE PUBLIC SCHOOLS. 



PtTBUC SCHOOLS, 

SEcnos 
L Kiich town to have Bchool eix monthB in a 
year. Hranehcs to be taught. 

2. Hig^li gcliool in towns ol'live hundred faini- 
Uc8. Branches taug^ht. Duration of school. 
Towns of four thousand inhabitants. 

3. High school districts in at^acent towns, 
how established. 

4. Committoe, how chosen. Powers. 

5. to determine location of school- house. 
0. Expenses apportioned. 

7. Scliools may be maintained for those orer 
fifteen years of a^'e. 

8. under superintendence of school commit^ 
tec. 

9. Female assistants. 

10. I>uty of instructors in colleges, Ac 

11. of ministers and town officers. 

12. Towns to raise money for schools. 

13. Funds of corporations for supporting 
schools, not affected, &c. 

14. Forfeiture for neglect to raise money, Ac. 

15. threc-foorths of, to be appropriated to 
schools. 

16. School committee, how choseiL, K^omber; 
term of service. 

17. Vacancies, how filled. 

18. When whole committee decline, new com- 
mittee how elected. 

19. Term of serrice of i>erson filling raoancy. 

20. On election of new board, certain duties of 
old to continue. 

21. Committee, how increased or dimmished. 

22. records of; secretary. 



Section 

ZJ. Committee to contract with teachers, un- 
less, iiC. 

24. Instructor to receive and file certificate. 
When and how paid. 

25. may bedismissed. Compensation to cease. 
{ 2C. £x:uuinations and visits by committee. 

I 27. Bible to be read in schools. Sectarian 
books excluded. 

28. Committee to direct what books to be used. 
Change of books, how mad**, &c. 

29. to procure books, apparatus, &c. 

30. for certain scholars at cxiH-nse of town. 

31. Expense of books so supplied to be taxed 
to parents, Ac. 

32. If parents unable to pay, tax may be omit- 
ted. 

33. Duty of committee where school is for ben- 
efit of whole town. 

34. Compensation of committee. 

35. Superintendent of schools, appointment, 
duties, Ac 

SCHOOIy-HOUSES. 

30. Towns not districted, to maintain school- 
houses, Ac. 

37. Location of school-houses. 

38. Land may be taken lor school-house lots, 
Ac. 

39. Owner of land may have jury. I'roceed- 
ings. Damages and costs. 

■10. Conunittee of town not districted to have 
charge of school houses. 

41. Provisions of chapter to apply to cities, ex- 
cept, Ao. 



Section 1. In every town there shall he kept, for at least sixmonth.s 
in each year, at the expense of said town, by a teacher or teachei-s of 
competent ability and good morals, a sufficient number of schools for 
the instruction of all the ehikiren who mav leirally attend public school 
therein, in orthoorraphy, readine, Avritintr, Emrlish grammar, geography, 
arithmetic, the history of the United States, ;md good behavior. Alge- 
bra, vocal music, drawing, physiolog}-, and hygiene .shall be taught by 
lectures or otherwise, in all the public schools in which the school 
committee deem it expedient. 

Sect. 2. Ever}* town may, and every town containing five hundred 
families or householders shall, besides the schools prescribed in the pre- 
ceding section, maintain a school to be kept by a master of competent 
ability and good morals, who, in addition to the branches of learning 



Each town to 

havf 8chool six 

iiionths in a 

year. 

iirinches 

taught. 

li. S. 2:j, § I. 

IKTJ, r,c,, § 1. 

lM.'iH,r>,$§1.2. 

IhJV, 2<i3. 



High schools in 
towns of 500 
faniilios. 
Hr.-irx'hcs 
taught. 



216 



PUBLIC SCHOOLS — HIGH SCHOOLS. 



[Chap. 38. 



Durution of 
schoul. 

Towns of 4000 
iiihabitantH. 
IJ. S. -SI, § 5. 

1S57, 2(1.1, § 2. 
11 Mass. HI. 
11 Cush. 17S. 



IIi'4h sdlciol 
.:ihlii.-ts ill mI- 

j^UTIll t.HVllS, 

liuw establish- 

ul. 

1848, 279, § 1. 



romniitfoo, 
how choseu, 
I'owcrs. 
1«4», 279, § 2. 



to (lotormiue 
location of 
school-house. 
IS48, 2711, § 3. 



Expenses ap- 
portioned. 
1«1B, 279, § 1. 



Schools may be 
niaiutained for 
tliOHc over 15 
years of jifj^e. 
1»57, IS'J, § 1. 



under super- 
intendence of 
committee. 
l.V,7, IX'J, § 2. 

Female assist- 
ants. 
1»31), 5(i, § 1. 



Duty ofinstriic- 
tors in coUc^^es, 
.tc. 

f'onstitution, 
Ch. 5, ^ 2. 
K. S. 23, § 7. 



before mentioned, shall give instruction in general history, bookkeeping, 
surveying, geometry, natural ]ihilosophy, chemistry, botany, the civil 
polity of this commonwealth and of the United States, and the Latin 
language. Such last mentioned school shall be kejit for the benefit of 
all the inhabitants of the town, ten months at least, exclusive of vaca- 
tions, in each year, and at such convenient place, or alternately at such 
place-s, in the town, as the legal voters at their annual meeting determine. 
And in every town containing four thousand inhabitants, the teacher 
or teachers of the schools required by this section, shall, in addition 
to the branches of instruction before required, be competent to give 
instruction in the Greek and French languages, astronomy, geology, 
rhetoric, logic, intellectual and moral science, and ])olitical economy. 

Sect. 3. Two adjacent towns, having each hvss than five hundred 
families or householders, may form one high school district, for estab- 
lishing such a school as is contemplated in the ] (receding section, when 
a majority of the legal voters of each town, in meetings called for that 
purpose, so determine. 

Sect. 4. The school committees of the two towns so united shall 
elect one person from each of their respective boards, and the two so 
elected shall form tlie committee for the management and control of 
such school, with all the powers conferred upon school committees and 
prudential committees. 

Sect. 5. The committee thus formed shall determine the location of 
the school-house autliorized to be built by the towns forming the district, 
or if the towns do not determine to erect a house, shall authorize the 
location of such school alternately in the two towns. 

Sect. 6. In the erection of a school-house for tlie pennanent location 
of such school, in the su])])ort and maintenance of the school, and in all 
incidental expenses atteudiiig the same, the proportions to be paid by 
each town, unless otherwise agreed upon, shall bo according to its pro- 
portion of the county tax. 

Sect. 7. Any town may establish and maintain, in addition to the 
schools required by law to be maintained therein, schools for the educa- 
tion of persons over fifteen years of .age ; may determine the term or 
terms of time in each year, and the hours of the day or evening during 
which said school shall be kcjit ; and a]ipropriate such sums of money 
as may be necessary for the siqiport thereof 

Sect. 8. When a school is so established, the school committee shall 
have the same su|)erintendence over it as they have over other schools; 
and shall determine what branches of learning may be taught therein. 

Sect. 9. In every pul)lic school, having an average of fifty scholars, 
the school district or town to which such school belongs shall employ 
one or more female assistants, unless such district or town, at a meeting 
called for the pur]iose, votes to dispense with such assistant. 

Sect. 10. It shall be the duty of the president, professors and tutors 
of the university at Cambridge and of the several colleges, of all pre- 
ceptors .and teachers of academies, and of all other instructors of youth, 
to exert their best endeavors to impress on the minds of children and 
youth committed to their care and instruction, the principles of piety 
and justice, and a sacred regard to truth ; love of their country, humanity, 
and universal benevolence ; sobriety, industry, and frugality ; chastity, 
moderation, and temperance ; and those other virtues which are the 
ornament of human society and the basis u])on which a republican con- 
stitution is founded; and it shall be the duty of such instructors to 
endeavor to lead their ]uipils, as their ages and cajiacities will admit, into 
a clear vinderstanding of the tendency of the above mentioned virtues, 
to preserve and perfect a re])ublic.an constitution and secure the blessings 
of liberty, as well as to promote their future ha])))iness, and also to point 
out to them the evil tendency of the opposite vices. 



Chap. 38.] public schools — committees. 217 

Sect. 11. It shall be the duty of the resident ministers of the gospel, Duty ofminie- 
the solectnien, and the school committees, to exert their influence and ofli'e""^ '"'"" 
use their best endeavors that the youth of their towns shall regularly k. s. 23, §8. 
attend the schools established for their instruction. 

Skit. 12. The several towns shall, at their annual meetings, or at a Tmms to raise 
regular meeting called foy the purpose, raise such sums of money for the ™.",oo'is!"'^ 
su]>port of schools as they judge necessary ; which sums shall be assessed k. s. as, § 0. 
and collected in like manner as other town taxes. " '"'■ "'" ' 

Sect. 13. Nothing contained in this chapter shall affect the right of School fundBof 
any coqioration estai)lished in a town, to manage any estate or funds not''a"ifcctcdr&c 
given or obtained for the purpose of supporting schools therein, or in E- s. a.;, §51). 
any wise affect such estate or funds. 

Sect. 14. A town which refuses or neglects to raise money for the Forfeiture for 
support of schools as required by this chajiter, shall forfeit a sum equal "wney, &c™** 
to twice the highest sum ever before voted for the sujiport of schools i^|-^Ȥ<*- 
therein. A town which refuses or neglects to choose a school committee ' 
to superintend said schools, or to choose ])rudential committees in the 
several districts, when it is the duty of the town to choose such pruden- 
tial committee, sliall forfeit a sum not less than five hundred nor more 
than one thousand dollars, to be paid into the treasury of the county. 

Sect. 15. Three-fourths of any forfeiture paid into the treasury of three fourths 
the county under the preceding section, shall be paid by the treasurer "o'sehool^"' 
to the school committee, if any, otherwise to the selectmen of the town u-s. aa, §«i. 
from which it is recovered, who shall ajiportion and ajipropriate the 
same to the support of the schools of such town, in the same manner 
as if it had been regularly raised l)y the town for that ))Ui-])ose. 

Sect. 16. Every town shall, at the annual meeting, choose, by writ- School eommit^ 
ten ballots, a board of school committee, which shall have the general ^!^J;'"'"' '^'•°^™' 
charge and su]ierintendence of all the public schools in town. Said 1:. s. 23, § 10. 
board shall consist of any number of persons divisible by three, which iJso; ^mI ^^ '' ^' 
said town has decided to elect, one-third thereof to be elected annually, ?■* i"''?^' .""-' 
and continue in office three years. If a town fails or neglects to choose 
euch committee, an election at a subsequent meeting shall be valid. 

Sect. 17. If any person elected a member of the school committee, vacancies, how 
after being duly notified of his election in the manner in which town Jj5'^''2g(; 55 j 2 
officers are required to be notified, refuses or neglects to accept said 
office, or if any member of the board declines further service, or, from 
change of residence or otherwise, becomes unable to attend to the 
duties of the board, the remaining members shall, in writing, give no- 
tice of the fact to the selectmen of the town, or to the mayor and 
aldermen of the city, and the two boards shall thereu]ion, at^er giving 
public notice of at least one week, proceed to fill such vacancy ; and a 
majority of the ballots of persons entitled to vote shall be necessary to 
an election. 

Sect. 18. If all the persons elected as members of the school com- When whole 
mittee, after such notice of their election, refuse or neglect to accejit the I;iJue7nJw com- 
office, or having accepted, afterwards decline further service, or become mittee how 
unable to attend to the duties of the board, the selectmen or the mayor it!5r, aoG, §2 
and aldermen shall, after giving like public notice, proceed by ballot to 
elect a new board, and the votes of a majority of the entire board of 
selectmen, or of the mayor and aldennen, shall be necessary to an 
election. 

Sect. 19. The term of ser\-ice of every member elected in pur- Term of sen-ice 
suance of the provisions of the two preceding sections, shall end with vaSncy." °° 
the municipal or official year in which he is chosen, and if the vacancy "^['j'jMij- 
which he was elected to fill was for a longer period, it shall, at the first issoiio.' 
annual election after the occurrence of the vacancy, be filled in the 
manner prescribed for original elections of the school committee. 

Sect. '20. All the members of the school conmiittee shall continue 
19 28 



218 



PUBLIC SCHOOLS — TEACHERS, BOOKS. [ChaP. 38. 



Oa electiou of 
new board, cer- 
tain (ititios of 
olil to c'outiuue. 
1840, 2i;:), § 1. 
1857, 2()(j, § :!. 
1857, 270. § 3. 

Committoo, 
how incivased 
or diiuiuished. 
18S7, a70, § 1. 



records of; 
Becretary. 
1S38, 105, § 3. 



to contract 
witli teacliers, 
unless, &c. 
11. S, 23, § 13. 
1838, 105, § a. 
1S5'J, (iU. 



Teachers to 
receive and file 
certilicate. 

when and 
how paid. 
E. S. -Si, § U. 
isao, 115. 
1855, 120. 



may be dis- 
missed, &c. 
18W, 32. 



Examinations 
and visits by 
committee. 
E. S. 23, §§ 15, 
16. 



Bible to be read 
in scliools. 
Sectari in liooka 
excluded. 
E. S. 23, 5 23. 
1855, 410. 



School books. 

change of, 
how made, &c. 
E. S. 23, § 17. 
1859. 93, §§ 2, 3. 



in office for the ]iurpose of superintending the winter terms of the 
several scliools, and of making and transmitting the certificate, returns, 
and report of the committee, notwith.standing the election of any suc- 
cessor at the annual meeting ; but for all other duties, the term of office 
shall commence immediately after election. 

Sect. 21. Any town may, at the annual meeting, vote to increase or 
diminish the number of its school committee. Such increase shall be 
made by adding one or more to eacli class, to hold office according to the 
tenure of the class to which they are severally' chosen. Such diminu- 
tion shall be made by choosing, annually, such number as will in three 
years effect it, and a vote to diminish shall remain, iu force until the 
diminution under it is accomplished. 

Sect. 22. The school committee shall appoint a secretary and keep 
a i)erinanent record book, in which all its votes, orders and jjroceedings 
shall by him be recorded. 

Sect. 23. The school committee, unless the town at its annual meet- 
ing determines th.at the duty may be performed by the prudential com- 
mittee, shall select and contract with the teachers of the public schools ; 
shall require full and satisfactory evidence of the good moral character 
of all instructors who maybe employed; and shall ascertain, by per- 
sonal examination, their qualifications for teaching and capacity for the 
government of schools. 

Sect. 24. Every instructor of a town or district school shall, before 
he opens such school, obtain from the school commit,tee a certificate in 
duplicate of his qualification.s, one of which shall be deposited with the 
selectmen before any payment is made to such instructor on account 
of his services ; and upon so filing such certificate, the teacher of any 
public school shall be entitled to receive, on demand, his w.-iges due at 
the expiration of any quarter, or term longer or shorter than a quarter, 
or upon the close of any single term of service, subject to the condition 
specified in section thirteen of chapter forty. 

Sect. 25. The school committee may dismiss from emijloyment any 
teacher whenever they tliink proper, and such teacher shall receive no 
compensation for services rendered after such dismissal. 

Sect. 2C. The school committee, or some one or more of them, for 
the purpose of making a careful examination of the schools, and of as- 
certaining that the scholars are properly sujijjlied with books, shall visit 
all the public schools in the town on some day during the first or 
second week after the opening of such schools respectively, and also on 
some d.ay during the two weeks preceding the closing of the same ; and 
shall also for the same pur])oses vi.sit, without giving previous notice 
thereof to the instructors, all the public schools in the town once a 
month, and they shall, at such examinations, inquire into the regulation 
and discipline of the schools, and the habits and proficiency of the 
schol.ars therein. 

Sect. 27. The school committee shall requiie the daily reading of 
some portion of the Bible in the common English version ; but shall 
never direct any school books calculated to favor the tenets of any par- 
ticular sect of christians to be purchased or used in any of the town 
schools. 

Sect. 28. The school committee shall direct what books shall be 
used in the public schools, and no change shall be made in said books 
except by the unanimous consent of the whole lioard, unless the com- 
mittee consists of more than nine, and questions relating to school 
books are intrusted to a sub-committee. In tli.'it case, the consent of 
two-thirds of the whole number of said sub-committee, with the concur- 
rent vote of three-fourths of the whole board, shall be recpiisite for 
such change. If any change is made, each pujiil then bclonginsj; to 
the public schools, and requiring the substituted book, shall be fur- 



Chap. 38.] public schools — school-houses. 219 



nisliod with the s.ame, by the school committee, at the expense of said 
town. 

Sect. 29. The seliool committee shall procure, at the expense of the committee to 
city or town, a sufficient suiiyily of text-books for the public schools, E!!"i"'''L'^^h 
and iiive notice ot the ijhice where tliey may be obtained. Said books tus, &c. 
shall hv furnished to tlie pujnls at sucli ]jrices as merely to reimburse iK,i'iViS,'§ i. 
tlie exjiense of the same. The school committee may also procure, at is Pick. 229. 
the expense of the city or town, such apparatus, books of reference, 
and other means of illustration as they deem necessary for the schools 
under their supervision, in accordance with appropriations therefor 
jjreviously made. 

Sect. 30. If any scholar is not furnished by his parent, master, or for certain 
guardian, with the reciuisite books, he shall be supplied therewith by the pcnscoftown" 
school committee at the expense of tlie town. k. s. 23, §20. 

Sect. 31. The school committee shall giye notice in writing to the Expeneeof 
assessors of the town of the names of the scholars su]i)ilied with books pikii'*to"bc'Sx- 
uiider the proyisions of the preceding section, of the books so furnished, «! to parents, 
the jirices thereol^ and the names of the parents, masters, or guardians, k.S. 23, §21. 
who ouglit to haye supplied the same. The assessors shall add the 
jjrice of the books to the next annual tax of such parents, masters, or 
guardians ; and the amount so added shall be ley ied, collected, and paid 
into the town treasury, in the same manner as the town taxes. 

Sect. 3"2. If the assessors are of opinion that any pare-.it, master, or if parents una- 
giiardian, is unable to ))ay the whole ex])ense of the books so supplied maybifomittcd. 
on his account, they shall omit to add the price of such books, or shall K'S-23, §22. 
add only a part thereof, to his annual tax, according to their ojiinion of 
his ability to pay. 

Sect. 33. In any town containing fiye hundred fomihes in which a Duty of 00m- 
school is kept for the benefit of all the inhabitants as before provided, "'.j"',','i ll'fol'^ 
the school committee shall perform the like duties in relation to such iieueiu of whole 
school, tlie house where it is kejst, and the sup])ly of all things necessary iCs.'-zi, § n. 
therefor, as the prudential committee may perfonn in a school district. 

Sect. 34. The members of the school committee shall be ])aid in compensation 
cities one dollar, and in towns one dollar and a half^ each, a day, for i!.>""o5''§r' 
the time they are actually em))loyed in discharging the duties of their i»ju! 103.' 
office, together with such additional compensation as the town or city 
may allow. 

Sect. 35. Any town anntially by legal A-ote, and any city by an superintendent 
ordinance of the city council, may require the school committee annu- "i ?ciiools, ap- 

,, • . •' . 1 S I'l- , , , TIT ponitracnt, du- 

ally to a])point a superintendent of public schools, who, uniler tlie direc- ties,&c. 

tioii and control of said committee, shall have the care and su]H'ryision i»io'232 «8l " 

of the schools, with such salary as the city government or town may 

determine; and in every city in which such ordinance is in force, and 

in every town in which such superintendent is appointed, the school 

committee shall receive no compensation, unless otherwise provided by 

such city goveniment or town. 

SCHOOL-HOUSES. 

Sect. 36. Every town not di^•ided into school districts shall provide Towns not dis- 

and maintain a sufficient number of school-houses, pro]ierly furnished tVin'sciioor'™" 

and conveniently located, for the accommodation of all the children houses, &c. 

therein entitled to attend the public schools; and the school committee, iJijo.'^J.V?-' 

unless tlie town otherwise direct, shall keep them in good order, pro- is59, 282, §§ 4, 5. 
curing a suitable place for the schools, where there is no school-house, 
and providing fuel and all other things necessary for the comfort of the 
scholars therein, at the expense of the town. 

Sect. 37. Any town, at a meeting leg:illy called for the purpose, may location of 

dcteiinine the location of Its sclidnl-houses, and adopt all necessary sehooi-houses. 



220 



SCHOOL DISTRICTS. 



[Chap. 39. 



E.S.23, §§'-'s,:K'. 
1851), 2o'.', § -i. 

Land may bfta 
ken for scliuol- 
bouse lots, &c. 
184K, ai?, § 1. 
1855, 318, § 1. 
2 Gray, 414. 



Owner of land, 
may have jury. 
Procoediags. 
Damages anj 
costs. 
1848, 2.37. 
1851, 180. 
1S55, 10. 
2 Gray, 414. 



Committee of 
town not dis- 
tricted, to have 
char<ce of 
Bchool-houses. 

Provisions of 
chapter to a|)- 
ply to cities, 
except, &e. 



mefisures to imreliase or procure the land for the accommodation 
thereof. 

Sect. 38. When hind has been designated by a town, school district, 
or those acting under its authority, or determined ujion by the select- 
men as a suitable place for the erection of a school-liouse and necessary 
buildings, or for enlarging a school-house lot, if the owner refuses to sell 
the same, or demands therefor a ])iice deemed by the selectmen unrea- 
sonable, they maj% with the a]iin-obation of the town, proceed to select, 
at their discretion, and lay out, a school-house lot, or an enlargement 
thereof, and to apjiraise the damages to the owner of such land in the 
manner provided for laying out highways and appraising damages .sus- 
tained thereby; and upon payment, or tender of |iayment, of the amount 
of such damages, to the owner, by the town, the land shall be taken, 
held, and used, tor the purpose aforesaid. But no lot so taken or en- 
larged shall exceed, in the whole, eighty square rods, exclusive of the 
land occupied by the school buildings. 

Sept. 39. When the owner feels aggrieved by the laying out or en- 
largement of such lot, or by the award of damages, he may, u])on appli- 
cation therefor in writing to the county commissioners within one year 
thereafter, have tlie matter of liis complaint tried by a jury, and the 
jury may change the location of such lot or enlargement, and ,'issess 
damages therefor. The proceedings shall in all respects be conducted 
in the manner provided in eases of damages by laying out highways. If 
the d.amages are increased, or the location changed, by the jujy, the 
damages and all charges shall be paid by the town ; otherwise the 
charges arising on such application shall be paid by such applicant. 
The land so taken shall be lield and used for no other purpose than that 
contemplated by this chapter, and shall revert to the owner, his heirs 
or assigns, u]ion the discontinuance there, for one year, of such school 
as is required by law to be kept by the town. 

Sect. 40. The school committee of a town in which the school dis- 
trict system has been abolished, or does not exist, shall have the general 
charge and superintendence of the school-houses in said town, so far as 
relates to the use to which the same may be appropriated. 

Sect. 41. Except as may be otherwise provided in their respective 
charters, or acts in amendment thereof, the provisions of this chapter, so 
far as applicable, shall apply to cities. And the mayor and aldermen in 
the several cities are authorized to execute the powers given in section 
thuty-eight of this chapter to the selectmen and town. 



CHAPTER 39. 



OF SCHOOL DISTRICTS. 



SCHOOL DISTRICTS. 



Section 

1, 



Districts, how formed, when reorganized. 

to be corporations for certain purposes. 

may be abolished, &c. 

towns to vote on abolition of. 

eocretary to notify towns, &c., to insert 
in warrant concerning-. 

corporate powers of, to continue for cer- 
tain purposes. 

7. Prudential committee in each district. Du- 
ties. 

8. may be chosen by the districts. 

9. to consist of three persons in certain 



G. 



10. vacancies in, how filled. 



Section 

11. Prudential committee, duties of, to be per- 
formed by town committee, when, &c. 

12. If district does not establish school, town 
committee may, &c. 

13. District meetings, selectmen, &c., may issue 
warrants for. 

H. manner of warning. 

15. districts may prescribe mode of calling-, 

16. Clerk to be chosen, and sworn, kuop rec- 
ords, &c. 

17. liable only for want of intcg^rity. Dis- 
trict, when liable. 

18. Districts may raise money for school- 
houses i may fix site. 



Chap. 39.] school districts — prudential coji.mittee. 



221 



ly. Towus may provide school-houses at the 
cjmmun (.■xi)eii8e. 

20. Sclc'L-tmuu to (Iftfrraiue site, in case, &c. 

21. Ponsilty ou school district for not providiug 
school-house. 

22. Personal and real estate, where taxed. 

23. Mimnfacturiuj^ corporations, where taxed. 

24. Nou-rcsideuts, where taxed. 

25. Same subject. 

26. Scliool ta.xes assessed hke town ta.xes. 

27. Assessors to issue warrants to collectors. 

28. Money raisoii, to be at disposal of committees. 

29. If district reluses to raise money, town 
may order it. 

30. If district uejjlects to organize, school com- 
mittee may provide, .tc. 

31. Collectors to proceed as in collecting town 
taxes. 

32. Treasurer to have like powers, &e. 
3.3. Conipeusation of assessors, &c. 
Zi. Abatement of taxes. 

UNION DISTRICTS. 

3o. Union districts, how formed, &c. 



Section' 

31). Krst meeting. Subsequent meetings. Lo- 
cation of house. 
3r. Clerk, how chosen, &c. 

38. -\s8essmcnts, liow made. 

39. Prudential committees, how constituted. 
Powers and duties, ic. 

40. Usual schools Diaiutilined, 

41. School committees, powers and duties of. 

CONTIGUOUS SCHOOL DISTRICTS IS ADJOIN- 
ING TOWNS. 

42. Contigjious districts in adjoining towns 
may unite. 

43. Union not formed without consent of dis- 
tricts, &c. 

44. United districts may be separated 

45. meetings of, how called. 

•H'k Prudential committee to be chosen, &c. 

47. Money raised, to be in proportion, &c. 

48. how assessed. 

49. School committees of adjoining towns to 
officiate in turns. 



Section 1. Towns may jtroviile for the support of schools without 
forming school districts; or may, at a meeting called for the purpose, 
divi<le into such districts and determine the limits tliereof ; but shall not, 
oftener than once in ten years from the second day of May, eighteen 
hundred and forty-nine, be districted anew so as to change the taxation 
of lands from one district to another having a different school-house. 

Sect. "2. A school district shall be a body corporate so far as to pros- 
ecute and defend in all actions relating to tlie property or affairs of the 
district, and may take and hold, in fee simple or othei^wise, anj' estate 
real or personal given to or pm'chased by the district for the support of 
a school or schools therein. 

Sect. 3. A town may, at any time, abolish the school districts 
therein, and shall thereupon forthwith take possession of all the school- 
houses, land, apparatus and other property owned and used for school 
purposes, which such districts might lawfully sell and convey. The 
property so taken shall be appraised under the direction of the town, 
and at the ne.xt annual assessment thereafter, a tax shall be levied upon 
the whole town, equal to the amount of said appraisal ; and there shall 
be remitted to the tax payers of each district the said ajiprnised value 
of its property thus taken. Or the difference in the value of the projierty 
of the several districts may be adjusted in any other manner agreed 
upon by the jjarties in interest. 

Sect. 4. Every town divided into school districts shall, at the annual 
meeting in the year eighteen hundred and sixty-three, and every third 
year thereafter, vote upon the question of .abolishing such districts. 

Sect. 5. The secretary of the commonwealth, on the recurrence of 
a year when the vote thus required is to be had, shall .seasonably notify 
thereof the selectmen of the .several towns, and require them, in towns 
retaining the school district system, to insert an article in the warrant 
for the annual meeting, for the purpose specified in the preceding sec- 
tion; and the selectmen of any town who neglect to insert such article 
in the warrant, when so required, shall forfeit twenty dollars. 

Sect. 6. Upon the abolition or discontinuance of any district, its 
corporate powers and liabilities shall continue and remain so tar as may 
be necessary for the enforcement of its rights and duties; and the proji- 
erty which it possessed at the time shall be subject to all legal process 
ag.ainst it. 

Sect. 7. Every town divided into school districts shall, at its annual 
meeting, choose one person, resident in each school district, to be a 

19* 



Pistricts. 
H..S. 2.1, §24. 
1M9, 206. 
If-.".!, 303. 
,■:; Pick. 70. 
4 Cush. 250. 
loCush. 418. 
4 Cray, 2.')0. 
7 Gray, 411. 

to he corpora- 
tions, &c. 
K. S. 2.3, §§57, 
&S. 

(i Met. 502. 
10 Met. 4IH. 



may be abol- 
ished, A'c. 
Ibid, isii, § 1. 
I85J, I'M. 
See § 11). 



towns to vote 
on abolition of. 



secretary to 
notify towns, 
A'c, to insert in 
warrant con- 
cerning. 



corporate 
powers of, to 
continue forcer 
tain purposes. 



Pnidential con> 
mittee in each 
district. 



222 



SCHOOL DISTRICTS — MEETINGS, CLERK. [C HAP. 39. 



Duties. 

K. S. 23, § 25. 

1838, 105, § 2. 
11 Pick.aK). 
4 Cush. 5',)1). 
8 Cush. 191. 



Prudential com- 
mittee, how 
chosen. 
It. S. 23, § 26. 
21 Pick. 75. 

to consist of 
three persons. 
1839, 137. 
4 Gray, 250. 

vacancies in, 
how tilled. 
1855, 451. 



town commit- 
tee to act as, 
wlieu, &c. 
R. S. 23, § 31. 

If district does 
not establish 
scliool, town 
committee may. 
R. S. Zi, § 45. 

District meet- 
iiifjl's, selectmen, 
&(■., may issue 
warrants for. 
R. .S. 23, § 4(i. 
8 Cush. 592. 



manner of 

warning. 
R. S. Zi, § 47. 
4 Greenl. 4r». 
14 Mass. 315. 
12 Mck. 200. 



districts may 
prescribe mode 
of calling. 
R. S. 23, §48. 
1850, 213. 
10 Pick. 543. 
2 Cush. 419. 
8 Cush. 592. 

Clerk to be 
chosen, and 
sworn, keep 
records, &e. 
R. .S. 23, § 27. 
21 Pick. :■>. 
12 Jlet. 105. 

liable only for 
want of integ- 
rity. 

District, when 
liable. 
R. S. 23, § 29. 

10 Pick. 513. 

11 Pick. 48l>. 

Districts may 
raise money for 
Bchool-hou'ses. 



committee for that district, and to be called the prudential committee, 
who shall kec]) the school-house in good order at the e.xjieiise of the 
district ; and if there is no school-house, shall provide a suitable jilace 
for the school of the district at the expense thereof; shall provide fuel 
and all things necessaiy for the comfort of the scholars therein ; give 
information and assistance to the school committee of the town to aid 
them in the discharge of the duties required of them; and, when the 
town so determines, shall select and contract with an instructor for each 
school in the district. 

Sect. 8. If a town so determines, the prudential committee may be 
chosen by the legal voters of the several school districts to which they 
respectively belong, in such manner as the district directs. 

Sect. 9. When a town determines that the prudential committees 
shall select and contract with the school teachers for their districts, three 
persons in each district may be chosen to act as such committee. 

Sect. 10. When the olKce of prudential committee becomes vacant 
in any district, by reason of the death, resignation, or removal of the 
person or persons elected, such district may fill the vacancy at a legal 
meeting called for the purpose. 

Sect. 11. When no prudential committee is chosen for a school dis- 
trict, the school committee shall perform all the duties of the pruden- 
tial committee. 

Sect. 12. If a school district neglects or refiises to establish a school 
and employ a teacher for the same, the school committee may establish 
such school and employ a teacher therefor, as the prudential committee 
might have done. 

Sect. 13. The selectmen of the 'several towns divided into school 
districts as aforesaid, or the ]irudential committee of every such district, 
upon application made to either of them respectively, in writing, by 
three or more residents who pay taxes in the district, shall issue their 
warrant, directed to one of the jiei'sons making the ajiplieation, requir- 
ing him to warn the inhabitants of such district, qualified to vote in 
town affairs, to meet at the time and place in the district expressed in 
the wan-ant. 

Sect. 14. The warning shall be given seven days at least before the 
time appointed for the meeting, by personal notice to every inhabitant 
of the district qualified to vote in town aflliirs, or by lea\nng at his last 
and usual place of abode a written notification, expressing the time, 
place and purjiose of the meeting, unless the district prescribes another 
mode of warning its meetings. 

Sect. 15. A school district, at any regular meeting having an article 
in the warrant for that purjiose, may jn-escribe the mode of warning all 
future meetings of the district; an<l may also direct by whom and in 
what manner such meetings may be called. Notwithstanding such jire- 
scribed mode, meetings may nevertheless be called in accordance with 
the provisions of the two preceding sections. 

Sect. 16. The inhabitants of each school district, qualified to vote 
in town affiiirs, shall choose a clerk, who shall be sworn by the mo<lera- 
tor, in open meeting, or by a justice of the peace ; make a fair record 
of all votes passed at meetings of the district; certify the same when 
required, and hold his office until a successor is chosen and qualified. 

Sect. 17. The clerk shall be answerable only for w.ant of integrity 
on his own part ; and if he certifies truly to the assessors of the town 
the votes of the district for raising, by a tax, any sum of money, the 
district shall be liable in case of any illegality in the proceedings in 
relation to raising such money. 

Sect. 18. The legal voters of any district, at a meeting called for 
that purpose, may raise money for erecting or repairing scliool-houses 
in their district ; for purchasing or hiring any buildings to bo used as 



Chap. 39.] school districts — schooi^houses, taxes. 223 

school-liouses, and l.-iml for the tise and accommodation thereof ; and for Districts may 
purchasing hbrarics and necessary school a]i](aratus, fuel, furniture, and i^ sIS, §2g 
other necessary articles, for the use of schools; they may also determine ''^^fijIl'L*- 
in what part of their district such school-houses shall stand, and choose lo Cusii. iis. 
any committee to carry into effect the provisions aforesaid. 

Sect. 19. The legal voters of every town may, if they think it expe- Towns may 
dient, carry into etteet the provisions of the preceding section at the {J™"^''^'; ^tthe^' 
common expense of the town, so far as relates to providing school- common ex- 
houses for the several school districts of the town ; and the town in such 'k.'sI'os^ § .32. 
case may, at any legal meeting, r.aise money and adopt all other proper l>^io> aso, § 2. 
measures for thisjiuqiosc, and, if already districted, may take possession 
of tlie school-houses and projierty of the several districts in the manner 
provided in section three of this chapter. 

Sect. 20. If a school district cannot detennine by a vote of two- Selectmen to 
thirds of the legal voters jiresent and voting thereon, where to jilace hrcascj'^c!''''' 
their school-house, the selectmen, upon application made to them by the jf-s. 23, §so. 
committee appointed to build or procure the school-house, or 1>y five or 2 dray.iu. 
more of the legal voters of the district, shall determine where such 
school-house shall be placed. 

Sect. 21. A school district, obliged by law to provide a suitalile Penalty on 
school-house, shall, for neglecting one year so to do, be liable to a fine jvir",otprovw- 
not exceeding two hundred dollars, to be recovered by indictment, on '"g ecUooi- 
complaint of any legal voter in said district, to be approi)riated to the 
support of schools therein. 

Sect. 22. In raising and assessing money in the several school dis- Personal and 
tricts, every inhabitant of the district shall Ije taxed in the district in ^vill-rc taxed. 
which he lives, for all his personal estate, and for all the real estate which }<• s. i'i, §3.3. 
he holds in the town, liehig under his own actual improvement; and all 12 iiet! isi! 
other of his real estate ia the same town shall be taxed in the district in 
which it lies. 

Sect. 23. In the assessment of taxes pursuant to the preceding sec- sianufacturing 
tion, all real estate an'i machinery belonging to manufacturing corpora- ^^"htr'e^taxed.' 
tions or establishments shall be taxed in the school districts where the k. s. 23, §34. 
same are situated ; and in assessing the shares in such corporation, or '^ ' 
the personal estate of the owners of such establishments, for the like 
purj3oscs, the value of such machinery and real estate sliall first be 
deducted from the value of such shares or personal estate. 

Sect. 24. All the land within a town, owned by the same person Non-residents, 
not livinff therein, shall be taxed in the same district. ^''^'^'iiJ''^^?' 

OECT. 'lo. VV hen the estate 01 a non-resident owner is taxed, it may .c;„nie subject. 
be taxed in such district as the assessors of the town determine; and K-s. 23, §35. 
the assessors, before they assess a tax for any district, shall determine in 
which district the estate of any such non-resident shall be taxed, and 
certify in writing their detennination to the clerk of the town, who shall 
record the same ; ami such estate, while owned by the same jierson 
resident without the limits of the town, shall be taxed in such district 
acconlingly until the town is districted anew. 

Sect. 2(5. The assessors of the town shall assess, in the same manner School taxes ae- 
as town taxes are assessed, on the polls and estates of the inhabitants of t,',!^'?'^'''""^ 
each school district, and on all estates liable to be taxed therein as K. s. 23,§37. 
aforesaid, .all money voted to be raised by the legal voters of such district 3 cus^h.' sisr! 
for the purposes aforesaid; and such assessment shall be made within }:5 Ai'iJ'i"'' 
thirty days after the clerk of the district has certified to said assessors 
the sum voted by the district to be raised. 

Sect. 27. The assessors shall make a warrant, substantially in the Assossorsto 
form heretofore used, except that a seal shall not be required thereto, I^'^"oiiect'or°.*' 
directed to one of the collectors of the town, requiring him to collect }<•,?• 23i^§ .3*- 
the tax so assessed, and to pay the same to the treasurer of the town 12 Pick. 2H. 
within a time to be limited in the warrant ; and a certificate of the 



224 



SCHOOL DISXraCTS — UNION DISTRICTS. [ClIAP. 39. 



assessment shall be made by the assessors and delivered to the treas- 



Moncy raised, 
to bo ;it disposal 
of coiiiinittoes. 
E. S. a, § W. 



If district re- 
fuses to raise 
money, towu 
may order it. 
R. S. 23, § U. 
1848, 2r4. 



If district neg- 
lects to organ- 
ize, school com- 
mittee may 
provide, &c. 
1858, H5, § 1. 



Collectors, how 
to collect taxes. 
B. S. 23, § 10. 

Treasurer, pow- 
ers of, &c. 
K. S. 23, §41. 



Compensation 

of assessors, 

&c. 

U. S. 23, § 42. 



Abatement of 
taxes. 



Sect. 28. The money so collected and pai<l shall be at the disposal 
of the committee appointed by the district, to be by tliem a]iplied to the 
building or repairing of school-houses, or to the inirchase of buildings to 
be used as such, or of land for their sites, as before provided, and accord- 
ing to the votes or directions of the legal voters of the district. 

Sect. 29. If at a meeting of the legal voters of a school district 
called for the purpose of raising money, a majority of the voters jjresent 
are opposed thereto, any five inhabitants of the district, who pay taxes, 
may make api)lieation in writing to the selectmen of the town, request- 
ing them to insert in their warrant for the next town meeting an article 
requiring the opinion of the town relative to the expediency of rai-sing 
such money as was proposed in the warrant for the district meeting; 
and if the majority of the voters think the raising of any of the sums of 
money proposed in the warrant is necessary and expedient, they may 
vote such sum as they think necessary for said ]nir]ioses, and the same 
shall be assessed on the ])olls and estates of the inhabitants of such dis- 
trict, and be collected and paid over in the manner before jnovided. 
They may also empower the selectmen of the town, or the school com- 
mittee, or may choose a committee, to carry into eflect the purposes for 
which such money is voted, if such district neglects or refuses to choose 
a committee for that pur])ose. 

Sect. 30. If a district neglects to organize by the choice of officers, 
the money necessary for the erection, repair, or enlargement, of a school- 
house therein, may be ex])ended by order of the school committee, and, 
n])on their certificate, shall be assessed upon the polls and estates of the 
inhabitants of the district, collected like other district taxes, and paid 
into the treasury of the city or town. 

Sect. 31. In collecting district taxes the collectors shall have the 
same powers and proceed in the manner provided by law in collecting 
town taxes. 

Sect. 32. The treasurer of a town, to whom a certificate of the 
assessment of a district tax is transmitted, shall have the like authority 
to enforce the collection and pavanent of the money so assessed and 
certified, as he has in the case of money raised by the town, for the use 
of the town. 

Sect. 33. The assessors, treasurer, and collector, shall have the same 
compensation, respecti\ely, for assessing, collecting, and ])aying out 
money, assessed for the use of a school district, as is allowed by the town 
for like services in respect to town taxes. 

Sect. 34. The assessors shall have the same power to abate the tax, 
or any part thereof, assessed on an inhabitant of a school district, as 
they have to abate town taxes. 



Union districts, 

how formed, 

&c. 

1838, 180, §§ 1, 2, 

5. 

1839, 56, § 2. 



First meeting^. 
Subsequent 
meetings. Lo- 
cation of liouse. 
is;t8, isy, §9 3, 5. 



UXTOX DISTRICTS. 

Sect. 35. Two or more contiguous school districts in a town may, 
by a vote of two-thirds of the legal voters of each district, present and 
voting at legal meetings of their respective districts called for the pur- 
pose, associate and form a union district, for the puipose of maintaining 
a union school for the benefit of the older children of such associated 
districts ; such district shall have the powers, privileges, and liabilities 
of school districts, with such name as the district determines at its first 
meeting. 

Sect. 86. The districts proposing such association shall, at the time 
of voting to form the union, respectively agree upon the time, |ilaee and 
manner of calling the first meeting of the union district, wlilch may 
from time to time determine the mode of calling and warning its meet- 



Chap. 30.] school districts — contiguous districts. 225 

inns, the time anil ]ilnce of its annual meetings, and the place where its 
school-house shall stand. The location of the school-house, if not deter- 
mined b}' the district, shall be refen'ed to the selectmen, as provided for 
other districts. 

Sect. 37. Each union district, at its first meeting, shall choose by cicrk, how 
ballot a clerk, who shall be sworn in the manner, and perfbnn the duties, ]Jj^"™gi,*§4 
jjrescribed for clerks of other school districts, and hold the office until 
a successor is chosen and qualified. 

Sect. 38. In raising and assessing money in such districts, every Assessments, 
inhabitant shall be taxed in the manner in which inhabitants of other i'lj's, "wit's' i. 
school districts are taxed, and the real estate of non-resident owners 
taxable in either of the districts composing the union district shall be 
taxed in such districts. 

Sect. 39. The jirudential committees of the respective districts, Pradentini eom- 
forming the union district, shall together constitute the prudential com- "',"t'itutert)^ 
mittee of such district ; liave the powers and discharge the duties, in powlts and du- 
relation to the school and school-house of the district, prescrilied to pru- S, isg, §§o,r. 
ilential committees in relation to the schools and school-houses in their 
respective districts ; and determine what proportion of the money raised 
and apjiropriatcd by the town for each of the districts composing the 
union district shall be a])propriated and expended in paying the in- 
structors of the union school ; subject in all matters to any legal votes 
of the union district. 

Sect. 40. The public schools required by law shall continue to be Ueuai schools 
maintaineil in each of the districts thus associated, as if no union district Ji5S«''is«,'§ r. 
had been formed. 

Sect. 41. The school committee shall have the powers and duties school commit- 
in relation to such union school which they have in relation to other ai[j'JI,°)"7of 
district schools. is*>, !»«,§». 



CONTIGUOUS SCnOOL DISTRICTS IN ADJOrN'TNG TOWNS. 

Sect. 42. If two or more contiguous school districts in adjoining Contiguous dis- 
towns are too small to maintain schools advantageously in each, such dis- {"JVowns'muy 
tricts may tmite and form one district, with the powers, privileges, and uiSto. 
liabilities allowed or prescribed in regard to school districts. ■ • .5 . 

Sect. 43. No district shall be so united, unless the legal voters of Union not form- 
each, at legal meetings called for the pur]iose, agree thereto ; nor, unless senTofdistiiotsi 
the respective towns, at legal town meetings called for the puniose, ic. 

. ..KS23550 

assent to the same ; and when such vote is passed by a school district, ■ • > » • 

the clerk thereof shall forthwith send a certified copy to the clerk of his 

town. 

Sect. 44. When the voters in such united district, at a legal meet- united dis- 
ing called for the puqiose, deem it expedient to separate and again *"par„"I3! ""^ 
form two or more districts, they may do so, first obtaining the consent k. s. -.i^J, § 5i. 
of the respective towns. 

Sect. 4.'i. Tiie first meeting of such united district shall be called in meetings of, 
the manner agreed upon by the respective districts at the time of form- k° s.'^lsl'fsa. 
ing the union ; and such district may, fi-om time to time thereafter, 
])rescribe the mode of calling and warning its meetings as other school 
districts may do. 

Sect. 4(5. Such district, at the first meeting and annually thereafter, Prudential com- 
shall choose a prudential committee, who shall receive and expend the "hosen.&c!'' 
money raised and appropriated in each town for the united district, and k. s. 23, §53. 
]>ossess the powers and discharge the duties allowed or prescribed to 
the prudential committees of other districts. 

Sect. 47. The legal voters of a united district shall, at the time of Money raised to 
voting to raise such money, determine the amount to be jiaid by the {^on^lcT""^ 
inhabitants in each town, which shall be in proportion to their respec- K. s. 23, §54. 
29 



226 



SCHOOL REGISTERS AND RETURNS. 



[Chap. 40. 



Monov, 

sessea. 

K. S. 23, § 05, 



School commit 
lees of adjoiuiiiy 
towns to offi- 
ciate in turns. 
K. S. 23, § 50. 



tive polls and estates ; and the clerk of the district shall certify such vote 
to the assessors of each of said towns, 
how as- Sect. 48. All money duly voted to be raised by any such united 
district shall be assessed by the assessors of the respective towns upon 
the jiolls and estates of the inhabitants of the district, and collected, as 
taxes ai'e assessed and collected in other school districts. 

Sect. 49. The respective school committees of the to^ms from which 
such imited district is formed shall discharge the duties of school com- 
mittee for the district in alternate years, commencing with the most 
ancient town. 



CHAPTER 40, 



OF SCHOOL REGISTERS AND RETURNS. 



Section 

1. Town clerks to deliver registers, &c., to 
school committee. 

2. If not received. 

3. Duties of assessors, as to persons between 
five and fifteen. 

4. of school committee ; form of certificite. 

5. Registers to be kept ; returns. 

6. Committees' report ; to whom sent j where 
deposited ; to be printed. 

7. When report is not made. 

8. When informal, &c. 



Section 
9. Penalty for neglect, or informal, &c., re- 
port. 

10. Keports, &c., of board of education, how 
received, delivered, and for what purpose. 
In whom property of. 

11. Who to sign reports. 

12. Penalty on committee for neglect in re- 
turns, &c. 

13. Registers, how kept. Teachers not to draw 
pay until return of register. 



Town clerks to 

deliver regis- 
ters, &c., to 
school commit- 
tee. 

ISii), 63, § 2. 
If not received. 
ISM, 223, §3. 



Duties of as- 
sessors as to 
persons be- 
tween five and 
fifteen. 
IS55, 15. 

of school com- 
mittee. Form 
of certificate. 
lS4fi, 223, § 2. 
1*49, 117, § 1. 
1835, 23. 
See § 11. 



Section 1. The clerks of tlie several cities and towns, upon re- 
ceiving from the secretary of the board of education the school registers 
and blank forms of inquiry for school returns, shall deliver them to the 
school committee of such cities and towns. 

Sect. "2. If a school committee fails to receive such blank forms of 
return on or before the last day of March, they shall forthwith notify 
the secretary of the board of education, who shall transmit such forms 
as soon as may be. 

Sect. 3. The assessors shall annu.ally in the month of May, ascertain 
the number of persons in their respective towns and cities on the first 
day of May between the ages of five and fifteen years, and on or before 
the first day of July following report the same to the school committee. 

Sect. 4. The school committee shall annually on or before the last 
day of the following April, certify under oath the numbers so returned 
to them by the assessors, and also the sum raised by such city or town 
for the supjtort of schools during the preceding school year, including 
only wages and board of teachers, fuel for the schools, and care of the 
fires and school-rooms, and .shall transmit such certificate to the secre- 
tary of the board of education. The form of such certificate shall be as 
follows, to wit : — 

We, the school committee of , do certify, that from the returns made by 

the assessors in the year , it appears, that on the first day of May, in the year 

, there were belonging to said town the number of persons between 

the ages of tive and fifteen years ; and we further certify, that said town raised the 
sum of dollars for the support of public seliools for the preceding school year, 

including only the wages and board of teachers, fuel for the schools, and care of fires 
and school-rooms. 

> Sc/iool Committee, 

day of , personally appeared the above named 

, and made oath that the above certificate, by them 



s,s. On this 
school committee of 
subsciibed, is true. 

Before me, 



Justice of the Peace, 



C:iAP. 40.] SCHOOL nEGISTERS AND RETURNS. 227 

Sect. 5. The school eoinmittee shall e:iuse the school registers to be licg-isturs and 
faithfully kept in all the jiublic schools, ami sliall annually on or before JJ!.™'!ISf ; ,^0^ 
the last day of April, return tlie blank forms of innuirv, ilulv filled up, ULi, § « ; irt", 
to the secretary of the board of edueatii^n ; and siiall also specify in Ira! s«>§ir. 
said returns the purposes to which the money received by their town or S'-"'^ ^1'- i!':' f !?;, 
city from the income ot the scliool lund has been a]i))ro|)riatetl. 

Sect. 6. The school committee shall annually make a detailed report Committees' ro- 
of the condition of the several public schools, which report shall eon- S • whei'e"de- 
tain such statements and suggestions in relation to the schools as the posited; to be 
committee deem necessary or proper to promote the interests thereof. ?iTS,'io5, §i. 
The committee shall cause said report to be printed for the use of the J'^i.'!' :;■''■ * "•■ 

. ... . 1 1 i» x» I ■ 1' 1 1 Itoy, 57. 

inhabitants, in octavo, pamphlet lorni, ot the size ot tlie annual rejiorts See cii. nn, § n. 
of the board of education, and transmit two copies tliereof to the sccre- SccCii. *, §jo. 
tary of said board, on or before the last day of Ajuil, and deposit one 
copy in the office of the clerk of the city or town. 

Sect. 7. When a school committee fails within the prescribed time wiien report Ih 
to make either the returns or rejiort required of tiiem V)y law, tlie ";!l^'5"<j3''5i 
secretary of the board of education shall forthwitli notify such com- See ch. 3S, § ao. 
mittee, or the clerk of the city or town, of such failure; and the com- 
mittee or clerk shall immediately cause the same to be transmitted to 
the secretary. 

Sect. 8. If a report or return is found to be informal or incorrect, when informal, 
the secretary shall tbrthwith return the same, with a statement of all f^~ (,3 c^ 
deficiencies therein, to the committee for its further action. .See cii. :j¥, § so. 

Sect. 9. The returns or re])orts of a city or town so returned by the Penalty fomc;'- 
secretary for correction, or which have not reached his office within the Jti.'^eporT""" 
time prescribed by law, shall be received by him if returned during the ifw, 93, §;;. 
month of May; but in all such cases ten per cent, sliall be deducted "^'■''^^■ 
from the income of the school fund which such city or town would have . 

been otherwise entitled to. If such returns or reports fail to reach his 
office before the first day of June, then the whole of such city or town's 
share of the income shall be retained by the treasurer of the common- 
wealth, and the amount so retained, as well as the ten j)cr cent, when 
deducted, sliall be added to the princi])al of the school fund. And such 
city or town shall in addition thereto forfeit not less than one hundred 
uor more than two humlred dollars : provided, however, if said returns 
and reports were <luly mailed in season to reach said office within the 
time required by law, then the city or town from which said returns or 
reports are due shall be exempt from the forfeiture, otherwise incurred. 

Sect. 10. Tlie clerk of each city and town .shall deliver one copy of RrportB, &p., of 
the rejaorts of the board of education and its secretary to the secretary {ion',''bowrl-* 
of the school committee of the city or town, to be by him preserveil ';^'"^'^; ^"'""^J'' 
for the use of the committee, and transmitted to liis successor in office ; nnVpose. 
and two additional copies of said reports, for the use of said committee; inwhomprop- 
and shall also deliver one copy of said reports to the clerk of each isia, os, §a. 
school district, to be by him deposited in the school district library, or, 
if there is no such library, carefully kept for the use of tlie prudential 
committee, teachers, and inhabitants, of the district, during his con- 
tinuance in office, and then transmitted to his successor ; and in case 
the city or town shall not be districted, said rejiorts shall be delivered 
to the school committee, and so deposited bv them as to be accessible to 
the several teachers and to the citizens ; and such reports shall be 
deemed to be the pro]ierty of the town or city, and not of any officer, 
teacher, or citizen, thereof 

Sect. 11. When the school committee of a city or town is not less who to sign re- 
than thirteen in number, the chairman and secretary thereof may, in be- ^^Is^m 
half of the committee, sign the annual school returns and the certificate 
required by sections four and five. ren^ityoneom- 

Sect. 111. A city or town which has forfeited any part of its portion n.ittce for neg- 



228 



ATTESDASCE OF CHILDREN IN SCHOOLS. [ChaP. 41. 



lect in returns, 

Ac. 

1847, 1S3, § 2. 

DHU, ir3. 

Registers, how 
kept. Teachers 
not to draw puy 
until return of 
register. 
ISl'J, '^09. 



of tlie income of the school fund throuoh the f lilure of the school 
committee to ])ei-form their duties in regard to the school rejiort and 
school returns, may withholil tlie compensation of tlie committee. 

Sect. 13. The several school teachers shall faithfully keep the regis- 
ters furnished to them, and make due return thereof to the school com- 
mittee, or sucli person as they may designate, and no teacher shall be 
entitled to receive payment for services until the register, properly tilled 
up and completed, shall be so returned. 



CHAPTER 41 



OF THE ATTENDANCE OF CHILDREN IN THE SCHOOLS. 



Section 

1. Children to be sent to school by parents, 
&c. Penalty for neglect. Excuses for neg- 
lect. 

2. Truant officers and school committee to in- 
quire and report. 

3. All children may attend where they reside. 

4. School committee to regulate admission, 
&c., to high school. 

5. Children may attend in ac^oiniug town, and 
committee pay for instruction. 



Section 
0. Wards may attend where guardian resides. 

7. Childreu may attend in other toivns than 
place of parents' residence, and parents 
pay, &c. 

8. Children not to attend unless vaccinated. 

9. Race, &c., not to exclude. 

10. Teachers and school committee to state 
grounds of exclusion. 

11. Damages for exclusion, how recovered. 

12. Interrogatories to committee, &e. 



Cliildren to be 
sent to school 
by parents, &e. 
Penalty for neg- 
lect. Excuses 
for neglect. 
1852, 2-iO, §§ 1, 
•2,4. 
1S55, 309. 



Truant officers 
and school com- 
mittee toiuquire 
and report. 
IK32, 240, § 3. 
1855, 30'.t. 
1859, ISS. 



rhildren to at- 
tend where they 
reside. 
l.'«9, 117, §4. 

Admission to 
high school, 
how regulated. 
li. S. 23, § 15. 

Children may 
Jittend in ad- 



Sectiox 1. Every person having under his control a child liet'n'een 
the .iges of eight and fourteen years, shall annually during the contin- 
uance of his control send such child to some public school in the city or 
town in which he resides, at least twelve week.s, if the public schools of 
such city or town so long continue, six weeks of which time shall be 
consecutive ; and for every neglect of such duty the party oft'en<ling 
shall forfeit to the use of such city or town a sum not exceeding twenty 
dollars : but if it appears upon the inquiry of the truant officers or 
school committee of any city or town, or upon the trial of any prosecu- 
tion, that the party so neglecting was not able, by reason of poverty, to 
send such child to school, or to furnish him with the means of education, 
or that such child has been otherwise furnished with the means of edu- 
cation for a like period of time, or has already acquired the branches of 
learning tauglit in the public schools, or that his bodily or mental con- 
dition has been such as to prevent his attendance at scjiool or a])jilica- 
tion to study for the period required, the penalty before mentioned shall 
not be incurred. 

Sect. '2. The truant officers and the .school committees of the several 
cities and towns shall inquire into all cases of neglect of the duty ])re- 
scribed in the preceding section ; and ascertain from the jiersons neg- 
lecting, the reasons if any therefor ; and shall forchwith give notice of 
all violations, with the reasons, to the treasurer of the cit)' or town ; 
and if such treasurer wilfully neglects or refuses to prosecute any jier- 
son liable to the penalty jirovided lor in the preceding section, he shall 
forfeit the sum of twenty dollars. 

Sect. 3. All children within the commonwealth may attend the pub- 
lic schools in the place in which they have their legal residence, subject 
to the regulations prescribed by law. 

Sect. 4. The school committee shall detennine the number and 
qualiiications of the scholars to be admitted into the school kept for the 
use of the whole town. 

Sect. 5. Children living remote from any public school in the town 
in which they reside, may be allowed to attend the public scho(3ls in an 



Chap. 42.] employment of .^xd iiecllations respecting children. 



229 



adjoining town, under such regulations, and on such terms, as the joining town, 
school committees of the said towns agree ujjon and prescribe; and tlie jmy fo"i™truc. 
school committee of the town in which such children reside shall pay <'<[»■ _^ 
out of the appropriations of money raised in said town for thy sujiport i(.5u!sii!§i. 
of schools the sum agreed upon. 

Sect. 6. Minors under guardianshi|), their father having deceased, ■Wanis, where 
may attend the public schools of the city or town of ^\■hieh their guar- S.Yw.'"'" 
dian is an inhabitant. 

Sect. 7. With the consent of school committees first obtained, chil- rinHrpn may 
dren between the ages of five and fifteen years may attend school in towns than '"^"^ 
cities and towns other than those in which their parents or guardians phico of par- 
reside ; but whenever a child resides in a city or town diflerent fiorn and'parcut™"'^' 
that of the residence of the parent or guardian, for tlie sole jiurjKise of t'"' ^^■ 
attending school there, the parent or guardian of such child shall be ' ' 
liable to pay to such city or town, for tuition, a sum equal to the aver- 
age expense per scholar for such school for the period the child shall 
have so attended. 

Sect. 8. The school committee shall not allow any child to be ad- rhiuircntobe 
mitted to or connected with the public schools, who has not been duly l^g"]"^;}^;. 



No person shall be excluded from a public school on ac- Coiov, a-c, not 



vaccinated. 

Sect. 9. ^ 

count of the race, color, or religious opinions, of the apjilicant or scholar. i^5''lfg"''8 j 

Sect. 10. Every member of the school committee under whose di- Teachers, &c., 
rections a child is excluded from a public school, and every teacher of •" "'■'*',' , 

, , ^ .*. tri'ouii'is 01 ex- 

such school from which a child is excluded, shall, on application by the iiusioii. 

parent or guardian of such child, state in writing the grounds and i**5j, i;j(>, §4. 
reason of the exclusion. 

Sect. 11. A child unlawfully excluded from any public school shall Damases for 

recover damages therefor in an action of tort, to be brought in the ^'J ' 



exclusion. 
]S4.-,, ai4. 



name of such chdd by his guardian or next friend against the city or iss^j, aii, § 2. 
town by wiuch such school is su])]jorted. 7 Gray, 245. 

Sect. 12. The plaintiff in such action ma)', by filing interrogatories interroj,^atoric« 
for discovery, examine any member of the school committee, or any J^' '■'""'»"'"''' 
other officer of the defendant city or town, as if he were a party to the isij, 250, §3. 
suit. 



CHAPTER 42. 

OF THE EMPLOYMENT OF CHILDREN AND REGULATIONS RESPECTING 

THEM. 



Section 

1. CliiMron under fifteen, who have not at- 
tended school, &c., not to be employed in 
manufactory, unless, &c. 

2. Penalty, school committee to prosecute. 

3. Cliildren under twelve not to be employed 
more than ten hours a day. Peindty. 

4. Cities and towns may make by-hiws re- 
specting habitual truants, &c. Fines. 



Section 
5. Cities and to^vns shall appoint persons to 

prosecute for violations of by-laws. 
0. Jlinor convicted m.ay be committed, &e. 

7. On non-payment of fine, may be com- 
mitted. How discharf^ed. 

8. Warrants where returnable. Compensa- 
tion. 



Sectiox 1. Children of the age of twelve years and under the age of Certaiu chii- 
fifteen years, who have resided in this state for the term of six months, e,"p\oy,VS|,''''' 
shall not be employed in a manufacturing establishment unless within manuiactory, 
twelve months next jireceding the term of such em])lo_yment they have ""in.'^^iu, §'i. 
attended some public or private day schortl, under teachers apiu'oved by '-^l!' ;■;;'>§ '• 
the school committee of the ])lace in which said school was kept, at least is5n si, § i. 
one term of eleven weeks, and unless they .shall attend such a school for 
20 



230 



EMPLOYMENT OF AND REGULATIONS RESPECTING CHILDREN. [ChAP. 42. 



Penalty. 
Sr.hool commit 
te*' to prose- 
cute. 

1«2, no, § 1. 
ISlll, 220, § ?,. 
ItSSS, tB, § 2. 



Cliildrcn under 
r; not to be cm- 
ployeil more 
th;m teu Iioiirs 
u ilav. Penalty. 
1W2; 00, §§ :), -4. 
9 Met. 502. 

iiy-Iaws re- 
Bpertins: habit- 
ual truauts, &c. 
Fines. 

1K5U, 294, § 1. 
1^4, SK, § 6. 
IS5!), lilU. 
See § 0. 



\iolations of, 
Iiow to be pros- 
centctl. 
1K50, M, § 2. 



Minor convict- 
eil may be cora- 
niitted, &c. 
1852, 283, § 1. 
1854, 88, § 3. 



Ou non-pay- 
ment of line, 
may he coni- 
milted. 

Hou' discharfj- 
ed. 

1S52, 213, §§ 2, 3. 
l.-<6-l, 8S, §§ :i, 4. 
See Ch. 180. 



Warrants, 
wliere return- 
able. 
Compensation. 

1854,88. 



a like period during e.acli twelve montlis of such employment. CliiUlren 
under twelve ye;irs of age, h.iving resided in this state for a like jieiiod, 
shall not be .so employed unless they have attended a like school for the 
term of eighteen weeks within twelve months ne.xt preceding their 
employment, and a like term during each twelve mouths of such emjiloy- 
ment. 

Sect. 2. The owner, agent, or superintendent, of a manufacturing 
establishment, who employs a child in violation of the provisions of the 
preceding section, shall forfeit a sum not exceeding fifty dollars for each 
offence, to be recovered by indictment, to the use of the public schools 
in tlie city or town where such establishment is situated ; and the school 
committees in the several cities and towns shall prosecute for all such 
forfeitures. 

Sect. 3. No child under the age of twelve years shall be employed 
in any manufacturing establishment more than ten hours in one day; 
and the owner, agent, or superintendent, who knowingly employs such 
child for a greater number of houns, shall forfeit the sum of fifty dollars 
for each offence, to the use of the person prosecuting therefor. 

Sect. 4. Each city and town may make all needful provisions and 
arrangements concerning habitu.'d truants, and children not attending 
school, or without any regular and lawful occupation, or growing uji in 
ignorance, between the ages of five and si.xteen years; and also all such 
by-laws respecting such children, as shall be deemed most conducive to 
their welfare and the good order of such city or town ; and there shall 
be annexed to such by-laws suitable penalties, not exceeding twenty 
dollars for any one breach : jjrovided, that said by-laws shall be approved 
by the superior court of the county. 

Sect. 5. The several cities and towns availing themselves of the 
provisions of the preceding section, shall appoint at the annual meetings 
of such towns, or annu.ally by the mayor and aldeiTnen of such cities, 
three or more persons, who alone shall be authorized, in case of violation 
of such by-laws, to make the complaint and carry into execution the 
judgments thereon. 

Sect. 6. A minor convicted under such by-law of being an habitual 
truant, or of not attending school, or of being witliout regular and lawful 
occupation, or growing up in ignorance, may, at the discretion of the 
justice or court having jurisdiction of the case, instead of the fine men- 
tioned in section four, be committed to any such institution of instruc- 
tii>n, house of reformation, or suitable situation provided for the purpose 
under authority of section four, for such time, not exceeding two years, 
as such justice or court may determine. 

Sect. 7. A minor convicted of either of said offences and sentenced 
to ]iay a fine may, in default of payment thereof, be committed to such 
institution of instruction, house of reformation, or suitable situation 
provided as aforesaid. And upon proof that the minor is unable to pay 
the fine, and has no parent, guardian, or i)erson chargealtle with his 
sup]>ort, able to pay the same, he may be discharged by such justice or 
court, whenever it is deemed expedient, or he may be discharged in the 
manner poor convicts may be discharged from imprisonment for non- 
payment of fine and costs. 

Sect. 8. Warrants issued under this chapter shall be returnable 
before any trial justice or judge of a police court, at the place named in 
the warrant ; and the justice or judge shall receive such compensation 
as the city or town determines. 



Chap. 43.] laying out and discontinuance of ways. 



2.31 



TITLE XII. 



OF WAYS, BRIDGES, PUBLIC PLACES, FERRIES, SEWERS, AND 

DRAINS. 



Chapter 43. — Of the Laying out and Discontinuance of Highways, Town Ways, 

and Private Ways. 
Ch.\pter 44. — Of tliB Repairs of Ways and Bridges. 
Chapter 45. — Of Regulations and By-Laws respecting Ways and Bridges. 
Chapter 46. — Of the Boundaries of Highways and other Public Places, and 

Encroachments thereon. 
Chapter 47. — Of Ferries. 
Chapter 48. — Of Sewers and Drains. 



CHAPTER 43. 



OF THE LAYING OUT AND DISCONTINUANCE OF HIGinVAYS, TOVTS 
WAYS, AND PRIVATE WAYS. 



Section 

1. Highways to be laid out by the commis- 
Bioucrs. 

2. Recognizance for pnymeut of costs, &e. 

3. Notice to be given to towns, &c, 

4. Corainissioucrs to view i)rL'mi8e8, if re- 
quested, &c. 

5. Ileariiig sud adjudii^atiou upon eommou 
convenience, &c. 

6. Notice before highway is laid out, &c. 

7. Alterations between termini. 

8. Commissioners may lay out, &c., highways 
if at time of view iin fnie objects. 

9. Upon petition for laying out, .te., highway ; 
commissioners may order specific repairs 
of existing highways. 

10. Highway may be temporarily closed in 
Bucli case. 

11. Towns to make such repairs. 

12. Existing higliway may he located anew. 

13. Time prescribed for making highways, and 
for removing trees, &c. 

14. Damages to be estimated, but not paid un- 
til, &c. Indemnity. 

15. Damages occasioned by specific repairs. In- 
demnity. 

IG. Damages, how estimated. 

17. When claimants have different interests, 
entire damage or indemnity to be paid to a 
t'-ustee. 

18. Trustee in certain cases to be appointed by 
judge of probate; to give bond. Suit on 
bond. 

19. Party aggrieved to have a jury or commit- 
tee. 

20. Powers of jury, &c., as to laying out and 
altering. 



Section 

21. Applications for jury to revise location, 
&c. ; when acted on. 

22. to revise assessment of damages, when 
to be made. 

23. Several applicjitious may be considered, 
»S:c., by same jury. 

24. Recognizance for costs in all cases. 

25. Petitions not to abate !)y deatli of party. 
20. Executors, &e., neglecting to appear, sur- 
vivors may proceed. 

27. Warrant for jury, directed to sheriff, &c. 

28. Jury, Iiow and whence summoned. 

29. Jurors to pay fine for non-attendance. 

30. Talesmen may be returned. 

31. Jurors to be sworn. 

32. Commissioners may appoint person to pre- 
side at trial. 

33. Duties of presiding officer. 

34. Commissioners to take notice on behalf of 
their counties. May appoint agent to at- 
tend jury. 

35. Notice of trial. 
30. Oflicer's fees. 
37. Duty of jury. 

;iS. Title of lands, determined only so far as re- 
spects damages. 

.39. Jury may extend time for remoWng trees, 
&c. 

40. Verdict or report to be returned within 
three months. Court may set aside. 

41. Complainant entitled to jury until verdict 
rendered ; may waive right to trial, &c. 

42. Clerks of courts to certify verdict, &c., to 
commissioners. Proceedings thereon. 

43. Verdict, &c., recorded, conclusive. 

44. Costs, how paid. 



232 



LAYING OUT AND DISCONTINUANCE OF WAYS. [ChAP. 43. 



Sectios 

45. Questions of costs, finally settled, &c. 

46. Highways not to be worked or shut up 
until, »fcc. 

47. Expenses, damages, &e.,paid by county. 

48. Expenses paid by petitioners. 

49. Highways made at expense of county when 
towns neglect. Charged to towns. 

50. Warrants to issue agaiust towns neglecting 
to pay. 

51. Comraisaioners may order expenses to be 
paid out of county treasury. 

62. Commissioners to certify to county treas- 
urer when highway is completed. 

53. Several parties may go to same jury. 

54. Notice to persons interested to become par- 
ties. 

55. Verdict, to apportion damages. 

56. conclusive on all who have notice, &c. 

57. Costs of parties, how taxed. 

58. Party neglecting to appear, to be barred. 

TOWN WAYS AND PRIVATE WAYS. 

59. Town ways, &c., how laid out. 
CO. how discontinued. 

61. Notice to be given by selectmen before lay- 
ing out. 

62. Damage from laying out, &c., how deter- 
mined and paid. 

6.3. When paid ; when party shall have indem- 
nity instead. 

64. Damages, if interests are separate. 

65. Location, &c., to be filed and accepted be- 
fore town way, &c., laid out. 

66. Commissioners may lay out in certain 
cases. 

67. If selectmen unreasonably refuse, &c., party 
may appeal to commissioners. 

68. Appeal if towns refuse to accept ways. 

09. If ways laid out, &c., by commissioners, 
are not completed in six months, &c., they 
may complete and assess town. 

70. If towns refuse to discontinue, commission- 
ers may. 

71. When towns are debarred from laying 
out, &c. 

72. Kecognizance for costB. Notic«. 



Section 

73. Parties may have jury or committee to as- 
certjun damages ; rule as to costs. 

74. Owner may remove trees, &c. Not remov- 
ing, relinquislies right. 

75. Jury may extend time for removal. 

76. When towns shall not contest legality of 
ways. 

WAYS IN THE COUNTY OF SUFFOLK. 

77. Powers of board of aldermen of Boston. 

78. Application for laying out ways, &e., how 
made. 

79. Parties may apply for jury to superior 
court ; view to be granted. 

80. Commissioners of Middlesex, powers of, 
in Suffolk. Warrant for jury, to whom 
directed. Return of verdict, &c. 

WAYS IN CITIES. 

81. Provisions of chapter extend to cities. 

DEDICATION OF WAYS. 

82. Ways not chargeable unless regularly laid 
out. 

83. Selectmen, &c., to close such ways, or cau- 
tion the public, &c. 

84. When abutters to grade ways. If they re- 
fuse, to bo assessed for expense. 

85. Grade, how established j plan of, where 
deposited. 

86. Grading of way, not a dedication. Estab- 
lishment of grade, not an acceptance. 
Streets not to be obstructed without con- 
Bent, &c. 

ASCEltTAIXING LOCATION. 

87. If location of way is uncertain, selectmen, 
&c., to ascertain, &c. 

ERECTION OF MONUMENTS. 

88. Commissioners, A'c, to mark termini and 
angles of ways. Penalty forneglect. 

WAYS OVER BURYING-GROrXDS. 

89. Ways not to be laid out over burying- 
grounds, unless, &c. 

90. Same subject. 



Hig^hwaysto be 
laid out by the 
commissioners. 
R. S. 24, § 1. 
1850, 299. 
7 Mass. 158. 



Recognizance 
for payment of 
costs, A'C. 
K. S. 24, HI. 
18 Pick. .309. 



Notice to be 
given to towns, 

&c. 

K. S. 24, § 2. 

7 Gray, 109. 



Section 1. When a new higliAvay, from town to town, or from place 
to ]>lace within the same town, is wanting, or when any highway can 
with greater jniblic convenience be altei-ed or tliseontinned, apphcation 
therefor shall be made, by petition in writing to the county commis- 
sioners who have jurisdiction in the place in which such new highway 
or such alteration or discontinuance is wanted. 

Sect. 2. No petition for the laying out, altering, or discontinuing, 
a highway, shall be proceeded upon by the commissioners, until the 
petitioners cause a sufficient recognizance to be given to the county, 
with surety to the satisfaction of the commissioners, for the payment of 
all costs and expenses which shall arise by reason of such petition and 
the proceedings thereon, if the petitioners shall not finally prevail. 

Sect. 3. The commissioners to whom such jietition is presented shall 
cause a copy thereof to be served upon the clerk of every town within 
which such new highway, alteration, or discontinuance, is prayed for, 
thirty days at least before the time appointed for any view or hearing. 
They shall also cause copies of the petition, or abstracts containing the 
substance thereof, to be posted in two public ])laees in each of said towns, 
and shall give notice to all persons interested, by causing a like copy to 
be publislied three weeks successively in such newspaper as they shall 
order; the posting and the last publication of the copy to be fourteen 
days at least before any view, hearing, or adjudication, on such petition. 



Chap. 43.] laying out and discontinuance of ways. 233 

Sect. 4. Tliey shall view the premises, when they deem it expedient Commissioners 
or when requested by any party interested ; and, before any view, shall i"es,"if requeVt- 
give notice in tlie manner provided in the preceding section to all per- ed,&c^ 
sons interested, of the time and place for commencing the same. <i jret.'l-;! " 

Sect. 5. They shall hear the parties, either at the time of the view, Hearing and ad- 
or at any regular or sjjecial meeting, or any adjournment thereof^ as they i"nimon'cunv " 
detennine; and as soon as may be after the hearing they shall consider uiencc, &c. 
and adjudicate upon the common convenience and necessity of lajang uiict'ia. ' 
out, altering, or discontinuing, such highway, as prayed for by the 
petitioners. 

Sect. 6. When they have adjudicated upon the common convenience Xotice before 
and necessity of laying out, altering, or discontinuing, a highway, tliey J,''*f'' J'"^ '^ ^^ 
shall, as soon as may be, proceed to lay out, alter, or discontinue, the k. s. aV, §«. 
same accordingly; first giving such notice thereof as is required before m pick! rl?' 
]>roceeding to view, except that instead of a copy of the whole petition vs Pick. ars. 
it shall be sufficient to serve and iniblish an abstract thereof ' ™''' 

Sect. 7. They may make .such changes between the termini of the Alterations bc- 
highway described in the petition, with regard to the direction, alter- J" '^™.,V''«' 5'""' 
ation, or discontinuance, thereof, as in their opinion the public con- 
venience lequires. 

Sect. S. If at the time of view, upon a petition for laying out or alter- Commissioners 
ing a highway, no person interested shall oliject, the commissioners may J"'^i','iJi,°waV8 
within six months proceed to lay otit or alter the same without further ifattimeof' 
notice. If at the time of view upon a petition for discontinuing a highway ot^eet"" """^ 
the commissioners shall decide that the same ought to be discontinued, J'- ?rf' 5<'. 

, 1 . 1-T 11 "I.IT. . 1 lS.i.t, . I), 9 1. 

they may at the same tnne adjudge and detennine that it be discontinued 20 Pick. 71. 
Avithout a further or subsequent meeting therefor, and may estimate the 'J ^i"*- *^5- 
damages caused to any person thereby ; and when a return of said pro- 
ceedings and adjudication is made at the next regular meeting of the 
commissioners and accepted, it shall be held to be a discontinuance of 
such highway. 

Sect. 9. If, upon a ]ietition for laying out or altering a highway, the i-pou petition 
commissioners, after havinij; viewed the same and heard ail persons in- ','.'!' 'v^'VIH..'!',','' 
terested, are of opinion that the existing highway between the termini cimimissioners 
mentioned in the petition can be so lar amended as to supersede the "JiiJ "Jp^rs^of 
necessity of laying out a new highway or altering the location of exist- ™'^t";f^' ^^y^- 
ing ways, they may, after due notice to the towns interested, direct I'jiet. wo.'' 
specific repairs to be made in the existing ways in such manner as the 
public convenience requires ; and they may apportion the expense of 
making the same upon the county and towns resijectively as in laying 
out highways. 

Sect. 10. At the time of ordering specific repairs upon an existing Highway mav 
highway, they may direct it to be closed to the public travel for such [^Jiigc™''"™ 
time as they may deem reasonable. isao, 90 

Sect. 11. Towns in which specific repairs are ordered to be made To\rastomako 
shall be liable to make the same, and be entitled to a trial by jury in 5'/*s'"/'i''g""" 
like manner as is jirovided in laying out highways. 

Sect. 12. When ap])lication is made to the commissioners by a town. Existing higii- 
or by five inhalutants of a town, to locate anew a road within such Sd'ai'iow? '"^ 
town, whether the same were laid out by the authority of the town or K.,s.2^, §9. 
otherwise, they may, either for the purpose of establishing the boundary I'/cush.'.^M. 
lines of such road or of making alterations in the course or width '- Gray, 274. 
thereof, locate it anew, after giving like notice and proceeding in the 
manner prescrilied in laying out highways. The expense shall be as- 
sessed u]>on the petitioners, or upon the town or county, as the com- 
missioners order. 

Sect. 13. When a highway is laid out or altered, the commissioners Time prescrib- 
shall in their return determii^e and specify the manner in wliich such S','i!,'i"[va'ys^'i!iifa 
new highway or altei'ation shall be made, and also the time within which 
20» ■ 30 



234 



LAYING OUT AND DISCONTINUANCE OF WAYS. [ChaP. 43. 



for removing 
trees, &c. 
R. S. 24, § 10. 
1859, 132, § 2. 
3 Mass. 40(5. 



Damages to be 
estimated, but 
not paid until, 
&c. ludcmnity. 
K. S. 24, § 11. 
1S42, sij, § 1. 
22 Pick. 2()3. 
2 Met. 558. 
10 Met. 4115. 
12 Met. 12:j. 
SCush.Sl. 
8 Cush. 300. 
2 Gray, 207. 

4 Gray, 537. 

5 Gray, 35, 372. 



Damages occa- 
sioned by spe- 
cific repairs. In- 
demnity. 
1842, SO, § 2. 
8 Cush. 302. 
2 Gray, 207. 



Damages, how 

estimated. 
.Set-off. 
it. .S. 24, § 31. 
1842, 80, § 2. 
a Mass. 207. 
5 Met. 372. 
2 Gray, 407. 
4 Gray, 637. 

"VVIien claim- 
ants have differ- 
ent interests, 
entire damages 
or indemnity 
to be piud to a 
trustee. 
1851,290, §1. 
See §§ 63, 04. 
Ch. 03, § 26. 



Trustee in cer- 
tain cases to be 
appointed by 
judge of pro- 
bate, &c. 
1851, 290, § 2. 
See § IH. 
Ch. 03, § 25. 



it slinll be completecl ; and shall transmit to the clerks of the several 
towns in which said hip;hway lies a description of the location and 
bounds thereof within the limits of such towns respectivel}', which de- 
scription shall be recorded within ten days by the clerk in a book of 
records kept in the town for tliat purpose. They sliall also allow the 
owner of the land a reasonable time to take off his timber, wood, or 
trees, which shall be expressed in their return. If he shall not remove 
the same within the time allovved, he shall be deemed to have relin- 
quished his right thereto for the benefit of the town. 

Sect. 14. If damage shall be sustained by any persons in their prop- 
erty, by the laying out, altering, or discontinuing, a highway, the com- 
missioners shall estimate the amount, and in their return state the share 
of each separately ; but they shall not order such damages to be paid, 
nor shall a person claiming damage have a right to demand the same, 
until the land over which the highway or alteration is located has been 
entered upon and possession taken for the purjiose of constructing it. 
But when a ]ierson so claiming damages has been put to trouble and 
e.\]icnse by the proceeding.s, the commissioners shall allow liim full in- 
demnity therefor, instead of the damages awarded, altliough no entry is 
maile upon his land. 

Sect. 1-5. When specific rejiairs are ordered to be made in a high- 
way which occasion dam.age to any person or jiroperty, the commission- 
ers shall estimate the same and make return thereof; and at their first 
meeting after the repairs are completed, they .shall order the damage to 
be paid. But if the order for repairs does not go into effect, or is re- 
scinded or altered, they shall order only so much of the damage to be 
paid as in their opinion has been actually sustained. 

Sect. 16. In estimating the damage sustained by laying out, locating 
anew, altering, or discontinuing, a highway, or by an order for sjiecific 
repairs, regard shall be had to all the damages done to the i>nrty, whether 
by taking his property or injuring it in any manner ; and there shall be 
allowed, by way of set-off, the benefit, if any, to the property of the 
party by reason thereof. 

Sect. 17. Vv'^hen persons having a claim for damages sustained in 
their property by the laying out, alteration, or discontinuance, of a high- 
way, have different or separate interests in the pr<i]ierty, so that an es- 
tate for life or for a term of years in the same belongs to one j^erson, 
and the rem.-iinder or reversion in fee belongs to another, enth-e dam- 
ages, or an entire sum as indemnity, shall be assessed in the same man- 
ner as is 2>rovided in other eases, without any a]i]iortionment thereof; 
and the amount of such damages or indemnity shall be jiaid over to or 
be recoverable by any person whom the jiarties owning the several in- 
terests ma_v ajipoint, to be invested by him, when jiaid o\er or recovered, 
in bond, mortgage, or other good securities, and held in trust for the 
benefit of the jjarties according to their several interests ; the annual 
income to be paid over to the person in whom was the estate for life or 
term of years, for the period such estate might have continued, and the 
remainder after the termination of such estate to be paid over absolutely 
to the jicrson that was entitled to the reversion in fee, or to his heirs or 
devisees. 

Sect. 18. If any of the persons h.aving an interest in such property 
shall, by reason of legal disability, be incapacitated from choosing a 
trustee, or if the parties in interest cannot agree upon a choice, the pro- 
bate court of the county in which the property is situated, upon appli- 
cation, shall appoint some suitable person as trustee. Said trustee shall 
before entering upon the duties of his trust give a bond to the judge of 
probate and insolvency, with sufficient surety or sureties, in such jienal 
sum as the judge directs, conditioned for the faithful performance of his 
duties as trustee under the provisions of this and the preceding section ; 



Chap. 43.] layixg out and discontinuance op ways. 235 

which bond upon breach of its condition may be put in suit by order of 
the ])robate court for the use and benefit of the persons interested in 
the trust propert}', in hke manner as is provided in case of bonds given 
by executors or administrators. 

Sect. 19. A party aggrieved by the doings of tlie commissioners, Party a^griev- 
cither in laying out, locating anew, altering, or discontinuing, a high- |d to have jury, 
way, or in the estimation of his damages occasioned thereby, or by rea- R. s. 24, §13. 
sou of any specific rej)airs ordered by the commissioners, or in the sum -..'i piHc.'lis. 
awarded him as indemnity, may, on application in writing to the com- :"J,''l'''4.ri*'' 
missioners, have a jury to detennine the matter of his comjilaint; unless il- Met, 123. 
he agrees with tlie parties adversely interested to liave the same deter- 'I p"^{[" Sj', 
mined by a committee to be appointed under the direction of the com- mfush. isi. 

• • ^ i i 5 Gray, 65. 

missioners. ■'" 

Sect. 20. Such jury or committee shall not revise the judgment of Powers of jury, 
the commissioners as to the common convenience and necessity of lay- n' vj,.f'i--^' 
ing out or altering the way in question ; but they may make any altera- t'-' I'i'k! -m). 
tions tlint are jirayed for "between the teimini as estabUshed, so far as sGrayfbs'. 
they think them necessary or proper. 

Sect. 21. Applications for a jury to revise the judgment of the com- Appiieations 
missioners in laying out, locating anew, altering, or discontinuing, a vi'se'iooation^ 
highway, or in ordering s])ecific repairs to be made, may be received i-c., when acted 
and acted upon at the meeting at wliich the order therefor is adopted, i"'s.24, §§8, u. 
or at the next regular meeting thereafter, but not afitenvards. scush. aw. 

Sect. 22. Applications for a jury to reWse the judgment of the com- to revise a»- 
missioners in the assessment of damages merely, or in the award of in- fiam""™* when 
demnity, maybe made at any time within one year from the time of the to be made, 
adoption of the order; or, if witliin that time a suit shall be instituted iwVsii.'jV.*' 
wherein the legal eft'ect of the proceedings of the commissioners in lay- jj*^-' 7'!J!J" 
ing out, locating anew, altering, or discontinuing, a highway, is drawn s Cu'sh. 302. 
in question, such a])pl!cation may be made at any time within one year ^Oray, 31. 
after the final determination of tlie suit. 

Sect. 23. If two or more ]iersons apply at the same time for joint .spvenii appiic*- 
or several damages or indemnity, they may join in the same petition to J.onlTiiilwi'by 
the commissioners; and if several ajiplications are pending at the same ?;'"Jf iV''?' , 
time before the commissioners for a jury to determine any matter re- ■sJrick.'-Mi.' 
latiuiT to the lavinsj out, alteration, or discontinuance, of a liitrhwav, or }!^n}':tV^a 

, " ,. '^ • 1 • , , ,, i,'^ ,' .; tush. .Mo. 

the assessment 01 damages or indemnity, they shall cause all sucli ap- 

jilications to be considered and determined by the same jury ; and tlie 

costs shall be taxed either jointly or severalty, as the court to which the 

verdict may be returned shall determine to be equitable. 

Sect. 24. No jury shall be ordered, nor committee ap]iointed, until Recognizance 
the petitioners give recognizance to the county for the jiayment of all easo™^'"'"^' 
the costs and expenses which may arise in case the jury or committee u. s. 24, §41. 
shall not alter such liighwaj', nor increase the damages or indemnity al- 
lowed by the commissioners. 

Sect. 25. No petition for a jury shall abate or be defeated by the Petitions not to 
death of the petitioner ; but the executor or administrator, or the heirs onMrtS's''"'* 
or devisees if they shall be the persons interested, may ajipear and pros- K. S. 24, §16. 
ecute such petition, or present a new petition, in the same manner and 
with the same eft'ect as the original jiarty might have done. 

Sect. 26. If, upon the death of one or more of several petition- Exeoutors, &c., 
ers for a jury, the executors or administrators, heirs or devisees, of such appcar'"siirvi- 
petitioners, after due notice that such petition is iiendinsx, necrlect to ap- vorsmaypro- 
pear or to prosecute, the survivnig jietitioners may proceed in the same k. s'. 24, §17. 
manner as if they only had made the a]i]ilieation. 

Sect. 27. The warrant for a jury sliall be directed to the sherifi" of warrant for 
the county or his deputy, who is disinterest eil, or to a coroner, as the r"^s' w's is 
commissioners shall order, requiring him to summon a jury of twelve " Pick. 209. 
men to hear and detennine the matter of complaint set forth in the 4Cush.'29i. 



236 



LAYING OUT AXD DI?CONTIXaANCE OF WATS. [ChaP. 43. 



Jury, how auj 

whence sum- 

muued. 

K. S. 2+, § 19. 

13 Met. 310. 

i Cush. iOl. 



Jurors to pay 
tiue for iiou- 
atteudimce. 
K. S. 24, § 20. 



Talesmen may 
be returueii. 
K. S. 24, 521. 



Jurors to be 

sworu. 

1!. S. 24, § 22. 



Commissioners 
may appoint 
person to pre- 
side at trial. 
K. S. 24, § 2.3. 
1 Cush. 4S0. 



Pnties of pre- 

eiilinj^ officer. 

K. S. 24, §§ 24, 

25. 

II Pick. 274. 



Cominissioncrs 
to take uotit-e 
on behalf of 
their eonuties. 
may appuiiir 
agent to attend 
jury. 
K.S.24,§§26, 



Notice of tri:d. 
K. S. 24, § 28. 



Officer's feos. 
K. S. 24, § 29. 



Duty of jury. 
E- S. 24, § 30. 



petition, .and to decide all siic-li matters as sliall legally come before 
tbeiu on the hearing. 

Sect. "JS. The officer who receives the warrant shall in writing 
require of the selectmen of the three nearest towns not interested in 
the question, if there be so many in the county, to return a number of 
jurors, not less than two nor more than six fi-om any one town unless in 
case of necessity; and the jurors shall be drawn, summoned, and re- 
turned, as in other cases, except that the jurors need not be summoned 
more than twenty-four hours before the time appointed for their at- 
tendance. 

Sect. 29. If a person so summoned as a juror fails to attend wfthout 
sufficient cause, he shall pay a tine not exceeding ten dollars, at the 
discretion of the court to which the verdict is returned, to be jjaid into 
the county treasury. 

Sect. 30. If by reason of challenges or otherwise there is not a full 
jury of the persons summoned, the officer who summoned the jury, or 
in his absence the officer attending the jury, shall return some suitable 
person to supjdy the deficiency. 

Sect. 31. The jurors sliall be sworn to make a just and true apjiraise- 
ment of the damages sustained by the complainant, or of the indemnity' 
to which he is entitled, ami well and truly to try all such other matters 
as shall be lawfully submitted to them under the complaint, and to give 
a true verdict therein, according to law and the evidence given them; 
but when no estimate of damages or indemnity is required to be made, 
that jiart of the oath sliall be omitted. 

Sect. 32. The commissioners, when they issue their warrant for a 
jur}-, may at the request ot either ])iirty appoint some suitable person to 
preside at the trial, in which case the jury may be attended by a deputy- 
sheriff; but if no person is ap])ointed, the sherilF of such county shall 
preside; or, when the sheriff is interested or unable to attend, a coroner 
of the county shall preside. 

Sect. 33. The person presiding at the trial shall keep order therein, 
and administer the oath to the jurors and witnesses ; shall decide all 
questions of law arising on the trial which would be proper for the de- 
cision of a juilge: shall direct the jury uiuin any question of law, when 
requested by either party; and shall when requested certify to the 
court, with the verdict, the substance of any decision or direction by 
him given. 

Sect. 84. When a petition for a jury is presented, the commissioners 
shall, on behalf of the county, t.ake notice of the same ; and may in be- 
half of the county agree with the petitioners to substitute a committee 
in the place of a jury, as before provided. They shall, when they think 
it necessary, appoint some suitable person to attend u]ion the jury or 
the committee, as an agent for the county, who shall be allowed therefor 
three dollars a day ami ten cents a mile travel. 

Sect. 35. The officer by whom a jury is summoned shall give season- 
able notice of the time an<l ]ilace of their meeting to the person ap- 
pointed to presiile at the trial, and also to the person apjiointed agent 
for the county, if such ap]i()iiitments have been made. Wiien a com- 
mittee is substituted for a jury, the notice to the agent shall be given 
by the person first named on the committee. 

Sect. 36. The officer shall receive for summoning the jurors four 
cents a mile for all necessary travel, ami one dollar and titty cents for 
each day he attends upon them. lie shall certify to the court his own 
travel and attendance, and also that of each juror. 

Sect. 37. The jury shall view the premises when they think ]iroper, 
or upon the request of either party, and shall hear and examine all legal 
evidence laid before them, with the observations of the parties or their 
counsel thereon. AU the jurors shall sign the verdict which may be 



Chap. 43.] laying out and discontinuance of ways. 237 

agreed ii]ion, which shall be encloserl in a sealed wrapper, with an 
indorsement thereon expressing what it contains, and delivered so in- 
dorsed to the officer having charge of the jury. 

Sect. 38. If the interest or right of a complainant in or to the real Title of lands 
estate alleged to be damaged by the laying out, locating anew, altering, tnw"""esp<!<:tB 
discontinuing, or making specific repairs upo